The Pan African Parliament Should Insist On The Review Of The Rules Of Procedure Of The Permanent Representatives Committee

PAP President Rt. Hon. Roger Nkodo DANG

By Olu Ibekwe (oluchukwuibekwe@gmail.com)

The African Union was formed by a Constitutive Act which established a codified framework under which the AU is to conduct its business and thus marked a departure from the seeming authoritarian political order under the OAU and reflected a new thinking in African politics in the 21^st century.

Ten organs were established by the AU Constitutive Act and of the ten organs , four namely the Pan African Parliament, the Court of Justice, the Peace and Security Council and the Financial Institutions have additional legal instruments in the form of protocols establishing them.

The implication is that the Constitutive Act which established PAP also provided for a Protocol that would define the composition, powers, functions and organization of the parliament. That Protocol went through ratification before coming into effect thereby re-enforcing the determination of member states to promote democratic principles and popular participation, consolidate democratic institutions and culture and ensure good governance.

Article 21 of the Constitutive Act created the Permanent Representatives Committee whose main responsibility is to prepare the work of the Executive Council and to act on its instructions.

However, when the PRC adopted its Rules of Procedure, it enlarged the powers granted to it by Article 21without any authority either in the Constitutive Act or any ratified Protocol.  The PRC acquired powers even to the point of arguably overriding certain provisions of the Constitutive Act and the PAP Protocol.

Ordinarily, an organization’s rules of procedure are a set of rules, ethics and customs which governs the meetings and other operations of the organization and how that organization is administered, i.e. the manner that it exercises the authority granted by the enabling legislation. A rule of procedure cannot grant substantive powers beyond that granted by the law that established the organization.

However, the PRC had through Rule 4 of its Rules of Procedure enlarged its powers to include such areas as the power to consider the budget of the AU; power to receive and consider the report of external auditors of the AU; the power to propose the composition of the bureau of the organs of the AU and many others not intended by the founders of the AU. Interestingly, Rule 4 which contains the Powers and Functions of the PRC begins with “The PRC shall inter alia”. And the word inter alia means among other things, implying that their powers are boundless! Is this consistent with the vision of the founders of the AU.

The AU Reforms

Fortunately, in January 2017, the Heads of State and Government of the African Union (AU) decided to embark upon a robust process of reform of the Union, based on past experiences.

Five main areas were at the center of the reform: Focusing on fewer priority areas with continental scope, Institutional Realignment, Connecting the AU with African Citizenry, Management of AU at the political and operational levels and Sustainable Financing of AU programmes.

The key priorities of each reform area were defined, such as political affairs, peace and security, economic integration and global representation, the strengthening of organs excluding policy organs (Executive council and Assembly), and the empowerment of women and youths.

Realigning AU Institutions

On realigning African Union institutions in order to deliver against those priorities, the 28^th Ordinary Session of the AU Assembly in January 2017, decided that the Permanent Representatives Committee’s (PRC’s) Rules of Procedure should be reviewed and be in line with the mandate provided for in the Constitutive Act of the AU. The Assembly decided that the PRC should facilitate communication between the AU and the national capitals and act as an advisory body to the Executive Council and not as a supervisory or oversight body of the Commission. See Decision on the outcome of the Retreat of the Assembly of the AU on Institutional Reform of the AU: Assembly/AU/Dec. 635(XXVIII); Annex to the Assembly Decision on the Outcome of the Retreat of the Assembly of the AU on Institutional Reform of the AU.

The PRC’s Reluctance To Review Its Rules Of Procedure

More than two years after the Assembly decision, PRC’s Rules of Procedure is yet to be reviewed and the PRC is still throwing its weight by exercising oversight on PAP as if the Protocol Establishing the Pan African Parliament does not exist!.

But one needs to understand the current internal working of the AU to appreciate why the PRC is so powerful to the extent that the AU decision on the review of its Rules of Procedure is yet to see the light of the day.

The PRC as we know, prepares the agenda and even draft decisions for the meetings of the Executive Council which in turn, becomes the agenda and draft decisions for Assembly meetings. In effect, the PRC decides or sets the agenda and draft decisions for both the Executive Council and the Assembly. And as one can imagine, the PRC is not in a hurry to put the amendment of its Rules of Procedure on the agenda.

The Need For A PAP Resolution

In view of PRC’s obvious reluctance to implement the Assembly decision on the review of its rules of procedure, PAP should without further hesitation, step in by passing an appropriate resolution.

Without doubt, the current PAP Protocol gives PAP advisory and consultative powers to exercise some oversight including passing a resolution demanding a review of the PRC’s Rules of Procedure in line with Assembly Decision: Assembly/AU/Dec. 635(XXVIII); Annex to the Assembly Decision on the Outcome of the Retreat of the Assembly of the AU on Institutional Reform of the AU.

Such a resolution would also be consistent with the vision of the founders of the African Union in the establishment of the Pan African Parliament as well as ensure that the PRC limits its role to that provided for by Article 21 of the Constitutive Act of the AU.