Is it Proper for the F-15 to Question the Role of the Pan-African Parliament?

Opinion By: OLU IBEKWE

The African Union (AU) was established as a result of the transformation of the Organization of African Unity (OAU), which was founded on May 25, 1963. The transformation became necessary due to the growing recognition that the OAU’s structure and mandate were inadequate for dealing with the complexities of globalization and the need for more integrated and proactive governance. Thus, the transition from the OAU to the AU was driven by the need to address the evolving challenges and aspirations of the African continent in the 21st century.

The Constitutive Act of the African Union, on the basis of which the Union was formed, was adopted during the OAU Summit in Lomé, Togo, on July 11, 2000. The Act outlined the objectives, principles, and organs of the AU, emphasizing a stronger commitment to human rights, democracy, economic integration, and social development. The African Union was officially launched on July 9, 2002, in Durban, South Africa, during the inaugural session of the AU Assembly, marking the transition from the OAU to the AU.

By transforming the OAU into the AU, African leaders aimed to create a more effective and dynamic organization capable of addressing contemporary challenges and realizing the continent’s full potential.

Structure of the African Union

The AU’s structure, as per Article 5 of the Constitutive Act, includes several key organs:

• The Assembly of the African Union: Comprising heads of state and government, it is the supreme decision-making body.
• The Executive Council: Made up of foreign ministers, it prepares and executes the decisions of the Assembly.
• The Pan-African Parliament (PAP): Provides a platform for African peoples' voices and enhances their participation in the decision-making process.
• The African Court on Human and Peoples' Rights: Ensures the protection of human and peoples' rights across the continent.
• The Peace and Security Council: Responsible for conflict prevention, management, and resolution.
• The African Commission: The secretariat of the AU, responsible for implementing its policies and programs.
• The Permanent Representatives Committee: Comprising the Permanent Representatives of Member States to the Union, it prepares the work of the Executive Council, which includes the agenda and draft decisions.

Additionally, the AU established other institutions, agencies, and bodies, one of which is the F-15—a committee of 15 Finance Ministers from Member States that plays a crucial role in the financial oversight and budgetary management of the AU. It scrutinizes how AU funds are managed and ensures that financial practices align with the broader objectives of the Union.

The Role of the Pan-African Parliament

The Pan-African Parliament (PAP) was established by Article 17 of the Constitutive Act to serve as the legislative organ of the African Union, with a mandate to ensure the full participation of African peoples in the economic development and integration of the continent. Article 17.2 of the Act provides that the composition, powers, functions, and organization of the PAP shall be defined in a protocol. In response, the Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (PAP Protocol) was ratified by the Member States of the AU, paving the way for the first session of the Parliament on March 18, 2004.

Despite its clear objectives and established protocols, the PAP has recently faced significant challenges regarding its funding and perceived effectiveness. These issues were prominently discussed during the 2024 AU Pre-Budget Summit, where the F-15 raised several arguments against restoring the PAP's budget to its pre-COVID-19 level. They questioned the role, mandate, and continued relevance of the PAP to justify enhanced funding.

The Constitutive Act, which is the supreme law of the African Union, established PAP as the third highest organ of the AU, underscoring its importance in the continental governance structure. The Act aims to promote unity, solidarity, and sustainable development among African states, with the PAP playing a crucial role in these efforts.

The PAP Protocol, ratified by Member States, clearly outlines the objectives for establishing PAP as well as the functions and powers of the Parliament. These include providing a platform for African peoples' involvement in discussions and decision-making processes, overseeing the AU's activities, and promoting human rights and democracy. The representative role and responsibility of PAP, as enshrined in Article 17.1 of the Act, is sacrosanct and unquestionable.

Objectives of the Pan-African Parliament

According to Article 3 of the Protocol, the objectives of the PAP are to:

1. Facilitate the effective implementation of the policies and objectives of the OAU/AEC and, ultimately, of the African Union;
2. Promote the principles of human rights and democracy in Africa;
3. Encourage good governance, transparency, and accountability in Member States;
4. Familiarize the peoples of Africa with the objectives and policies aimed at integrating the African Continent within the framework of the establishment of the African Union;
5. Promote peace, security, and stability;
6. Contribute to a more prosperous future for the peoples of Africa by promoting collective self-reliance and economic recovery;
7. Facilitate cooperation and development in Africa;
8. Strengthen Continental solidarity and build a sense of common destiny among the peoples of Africa;
9. Facilitate cooperation among Regional Economic Communities and their Parliamentary fora.

Functions and Powers of the Pan-African Parliament

Article 11 of the PAP Protocol outlines the functions and powers of the PAP: “The Pan-African Parliament shall be vested with legislative powers to be defined by the Assembly. However, during the first term of its existence, the Pan-African Parliament shall exercise advisory and consultative powers only. In this regard, it may:

1. Examine, discuss, or express an opinion on any matter, either on its own initiative or at the request of the Assembly or other policy organs, and make any recommendations it may deem fit relating to, inter alia, matters pertaining to respect of human rights, the consolidation of democratic institutions and the culture of democracy, as well as the promotion of good governance and the rule of law.
2. Discuss its budget and the budget of the Community and make recommendations thereon prior to its approval by the Assembly.
3. Work towards the harmonization or coordination of the laws of Member States.
4. Make recommendations aimed at contributing to the attainment of the objectives of the OAU/AEC and draw attention to the challenges facing the integration process in Africa as well as the strategies for dealing with them.
5. Request officials of the OAU/AEC to attend its sessions, produce documents, or assist in the discharge of its duties.
6. Promote the programs and objectives of the OAU/AEC, in the constituencies of the Member States.
7. Promote the coordination and harmonization of policies, measures, programs, and activities of the Regional Economic Communities and the parliamentary fora of Africa.
8. Adopt its Rules of Procedure, elect its own President, and propose to the Council and the Assembly the size and nature of the support staff of the Pan-African Parliament.
9. Perform such other functions as it deems appropriate to achieve the objectives set out in Article 3 of this Protocol.

It follows that the PAP’s objectives, powers, and functions are clearly defined in the PAP Protocol, which was adopted and ratified by AU Member States and is binding on all organs, institutions, and agencies of the Union. The questioning of PAP’s role by the F-15 can be seen as undermining the Union’s established legal framework and the collective decisions of the Member States of the Union to establish PAP with clearly defined powers and functions. While the F-15 has a significant role in ensuring financial accountability and transparency, questioning the role or mandate of another AU institution, such as the PAP, is generally beyond its direct purview.

Secondly, PAP’s role in providing legislative oversight, representing African peoples, and promoting human rights is fundamental to the AU’s mission. Diminishing its role or questioning its necessity contradicts the principles of democratic governance and accountability that the AU seeks to promote, as articulated in Article 3 of the Constitutive Act.

Thirdly, continual questioning of the PAP’s role can undermine its legitimacy and stability. For the AU to function effectively, its organs must have clear and respected mandates. PAP’s contribution to continental governance should be acknowledged and supported rather than constantly scrutinized, especially by a body not listed in Article 5 of the Constitutive Act. As the pioneer President of the Parliament, H.E. Dr. Gertrude Mongella, stated on July 1, 2024, during the twentieth anniversary of the Parliament, PAP should not be treated as a “stepchild” of the African Union, being one of the organs listed in Article 5 of the Act. It is ironic that a committee of finance ministers is questioning the existence, relevance, and role of PAP, which was established by the Constitutive Act and consists of elected representatives of the people of Africa.

In carrying out their responsibility of ensuring that all AU organs, including the PAP, are utilizing their resources effectively and efficiently, the F-15 ministers should be mindful of two of the preambles to the Constitutive Act on the basis of which the Union was established:

• “DETERMINED to promote and protect human and people’s rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law;”
• “FURTHER DETERMINED to take all necessary measures to strengthen our common institutions and provide them with the necessary powers and resources to enable them to discharge their respective mandates effectively;”

The argument that the PAP is duplicating the functions of other AU organs and that its powers are advisory and consultative is clearly misplaced, given the clear and unambiguous provisions of Articles 3 and 11 of the PAP Protocol. PAP’s role within the AU governance architecture is analogous to that of a national parliament in a country. Although Member States of the Union each have ministries, agencies, and departments in the Executive Branch that are in charge of such areas as foreign relations, defense, immigration, budget, and so on, this does not preclude their National Parliaments from having jurisdiction over those areas or establishing parliamentary committees with oversight responsibilities over those areas. The fact that there is a Budget Ministry or Department in the Executive branch does not preclude submission of the prepared national budget to the national parliament for consideration and approval. Since the finance ministers do not see it as duplication in their respective countries, the same should apply in the AU and to PAP, all things being equal.

Finally, the questioning of the relevance of PAP by the F-15 is at variance with the published positions of the policy organs of the Union, which have consistently acknowledged the importance of PAP and stressed the need to support and properly fund the Parliament to enable it to fulfill its mandate.

The Assembly of the Union, which the Constitutive Act in Article 6.2 described as the supreme organ of the Union, stated in the Durban Declaration in Tribute to the Organization of African Unity and on the Launching of the African Union (ASS/AU/Draft/Decl. 2 (I), February 28, 2004, Sirte, Libya): “We recommit ourselves to ensuring the early establishment of the Pan-African Parliament in order to provide the common platform for our peoples and civil society formations to actively participate in discussions and decision-making on the challenges facing our continent; we undertake to implement appropriate policies for the promotion of the culture of democracy, good governance, the respect for human rights and the rule of law, and the strengthening of democratic institutions which will consolidate the popular participation of our peoples on these issues.”

The 42nd Ordinary Session of the Executive Council, held on February 15-16, 2023, in Addis Ababa, Ethiopia (EX.CL/Dec.1198(XLII)), appreciated the activities implemented by the current Bureau of the Pan-African Parliament within a short time period in 2022, in spite of limited budgetary resources, especially the proposed Model Law on Food and Nutrition Security, in furtherance of the African Union theme of the Year 2022. The Executive Council welcomed the institutionalization of collaboration between the PAP and other AU organs, such as the African Union Commission, NEPAD, APRM, PRC, and the African Commission on Human and People’s Rights, which will enable policy coherence, rationalization of resources, and effective complementarity within the African Union institutional architecture, and requested the Parliament to work closely with National and Regional Parliaments to expedite the harmonization of national legislative and policy frameworks to create an enabling environment for the realization of the African free trade and free movement of persons, in line with the African Union 2023 Theme of the Year. The need for proper funding of the PAP was also stressed by the Executive Council.

Conclusion

While it is within the F-15’s purview to ensure financial prudence and accountability within the AU, the questioning of the PAP’s role must be balanced with respect for the established legal framework and recognition of the PAP’s mandated functions. The scrutiny should focus on enhancing the PAP’s efficiency and impact rather than undermining its legitimacy and established role. Effective collaboration and support for the PAP will strengthen its ability to contribute to the AU’s overarching goals of unity, development, and democratic governance across Africa.