The African Union (AU) has directed that only regions who never occupied the
presidency of PAP since inception, shall be eligible to present candidates for
the post of president of the Pan African
Parliament (PAP).
This was contained in a legal opinion by the AU Office of Legal Council, signed by Amb. Namira Negm (Dr.) referenced BC/OLC/23.18/10814.21
and copied to the Acting President of the Pan-African
Parliament; H.E the Deputy Chairperson of the AU Commission and Clerk of the Pan-African Parliament
According to the AU, “the principle of geographical
rotation is a well-established principle within the Union. The principle has
been consistently applied with legal obligatory effect within the entire Union.
It’s indeed considered as customary international law as clearly manifested and
consistently reflected within the legal instruments of the AU policy and technical organs in elections of political offices.
This can be seen from application in the election of Bureau of the Union and
all other deliberative bodies of the Union”.
“Legally speaking, the principle of
geographical rotation obligates the Union to ensure the recruitment and
appointment/election process of political offices of AU Organs carried out
systematically to allow each region to assume the role on rotation basis as an
established customary international law of the Union”.
“The election of PAP leadership
didn’t apply the rules applied in the election of leadership of the AU policy
and technical organs i.e. the Assembly, the Executive Council, the Permanent
Representative Committee, Specialized Technical Committees, African Union
Commission, AU ECOSOCC, African Court, African Commission on Human and Peoples’
Rights and others”.
The AU noted that “the 2001 Protocol of PAP adequately provide for the
principle of rotation albeit the observed ambiguity in its formulation and
application. The requirement of rotation stipulated in Article 12(4) should be
applied for the PAP Bureau as a whole and not for the vice presidents only”.
“Article 12(2) of the Protocol
obligates election of the Bureau of PAP to ensure equal representation of the
five (5) regions of Africa while Article 12(4) requires to rank vice-presidents
initially with the result of vote and later by rotation”
“The reference to both ‘regions of
Africa’ and requirement of ‘rotation’ by the Protocol in Article 12(2) and
Article 12(4), respectively, implies the need to ensure the application of
principle of rotation on the Bureau members considering the five regions of the
AU. Rotating the vice presidents while disregarding the principle in electing
the President is considered an erroneous interpretation of the Protocol and
deviates from the established practice of the Union enshrined in different
Policy Organs decisions as clearly cited above. In particular, it’s considered
that the Presidency cannot be seen as separate from that of the Vice-Presidency
as their functions are collective management and administration of the Organ
(Rule 17(a) of the Rules of Procedure)”.
“Considering the established
practice in others Organs of the Union including the Assembly and the Executive
Council of the Union , the argument that the phrase ‘and subsequently by
rotation’ under Article 12(4) of the Protocol can only apply to
vice-presidents is not justifiable neither in line with Executive Council
Decision EX.CL/Dec.979(XXXI) adopted In June 2017, where the Council called
upon the PAP ‘to apply the African Union values, rules and regulations in
managing all activities of the organ, including rotation of the Bureau and
Presidency…’ and EX.CL/Dec1018(XXXIII)adopted in June 2018 where it
requested ‘the PAP to comply with the principle of geographical rotation
among the five regions of Africa in future elections of the Bureau”..
The AU then made the following conclusions:
i. The current Protocol of PAP
adopted in 2001 has incorporated the principle of rotation although wrongfully
applied over the years in electing Bureau members.
ii. Both the 2001
Protocol of PAP and the Decisions of the Executive Council clarified the
principle of rotation in line with the prevailing practice of the Union.
iii. The principle
of geographical rotation had been strictly adhered to since its adoption by AU
Policy Organs. This practice has been consistent and uninterrupted with
mandatory effect within the entire Union.
iv. The Executive
Council instructed different AU organs to apply the same principle in line with
the Decision of the Executive Council adopted in January 2016 (EX.CL/Dec.
907(XXVIII)), regardless if the principle of Geographical Rotation is mentioned
in the legal instruments establishing those organs, bodies and/or institutions.
v. The PAP shall
apply and strictly adhere to the Executive Council Decisions
EX.CL/Dec.979(XXXV) adopted in June 2017 where the Council called upon the PAP
‘to apply the African Union values, rules and regulations in managing all
activities of the organ, including rotation of the Bureau and Presidency…’
and EX.CL/Dec1018(XXXIII) adopted in June 2018 where it requested ‘the
PAP to comply with the principle of geographical rotation among the five
regions of Africa in future elections of the Bureau’.
vi. Any Election of
the PAP Bureau that doesn’t respect the mentioned decisions on geographical
rotations shall be deemed illegal, therefore only regions who never occupied
the presidency of PAP shall be eligible to present candidates for this post.
vii. Hence, in line
of the principles of transparency and equality, there might be a need to reopen
the call for candidates for the President and Vice President positions of PAP
as consequence to this opinion, similar to the decision adopted by the Heads of
State and Government Orientation Committee of AUDA-NEPAD in relation to the CEO
position, to allow regions that are eligible to occupy the position of PAP
President to present their candidates.
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