The Need for Respecting the Established Hierarchy within the African Union's Governance Architecture

The African Union (AU), established as the successor to the Organization of African Unity (OAU), was envisioned as a robust institution capable of driving the political, economic, and social integration of the African continent. To achieve this vision, the Constitutive Act of the AU established a governance architecture designed to facilitate the effective participation of African peoples in the development of the continent. Article 5 of the Constitutive Act delineates the organs of the Union, placing the Pan-African Parliament (PAP) third in this hierarchy—a testament to the significance the founders placed on this institution. However, in practice, this established hierarchy is often overlooked, undermining the intended role of the PAP and, by extension, the democratic aspirations of the African Union.

The Vision Behind the Pan-African Parliament

The establishment of the Pan-African Parliament was a visionary move by the founders of the AU. As articulated in Article 17 of the Constitutive Act, PAP was created to ensure the participation of African peoples in the development and economic integration of the continent. The rationale was clear: a representative body reflecting the will and aspirations of the African people is crucial for achieving the Union’s objectives. The PAP was intended to serve as a continental platform for dialogue and debate on issues affecting Africa and to provide a direct link between the AU and the people it serves.

Moreover, the Constitutive Act explicitly states that the composition, powers, functions, and organization of the PAP would be defined in a specific protocol (the PAP Protocol). This underscores the importance of the PAP within the AU framework and the need for it to operate with clear authority and mandate.

The reasoning behind the AU's established hierarchy is understandable, given that PAP members under the current PAP Protocol are elected from the National Parliaments of Member States. With the exception of the AU Assembly members, those in the Executive Council and Permanent Representatives Committee are either former members of their respective national parliaments or have undergone screening and confirmation by their parliaments. It is expected that members of national parliaments who are designated to the PAP should be accorded the same status and respect they enjoyed in their home countries. Their status should not be diminished simply because they have been designated to the PAP.

The Disregard of Established Hierarchy

Despite the clear vision and mandate for PAP, the established hierarchy within the AU’s governance structure has often been overlooked. The PAP’s role and influence have been marginalized, with other organs and institutions within the AU often taking precedence. This sidelining of PAP not only undermines the intention of the AU’s founders but also hampers the Parliament’s ability to fulfill its mandate effectively.

The marginalization of the PAP can be attributed to several factors. First, there is a lack of clarity and consistency in applying the PAP Protocol, which weakens the institution's authority. For example, the refusal to submit the AU budget to PAP, despite the express provision of Article 11.2 of the PAP Protocol, illustrates this issue. Second, the limited political will among Member States to empower the PAP has resulted in insufficient support and resources. For instance, the Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament (Malabo Protocol), adopted by the Twenty-Third Ordinary Session of the Assembly on 27th June 2014, granted legislative powers to PAP. However, nearly a decade after its adoption, only fourteen Member States have ratified it. Finally, there is a tendency within the AU to prioritize executive-driven decision-making processes over consultative and participatory approaches, further diminishing the role of PAP.

Surprisingly, the AU's official website, managed by the African Union Commission (AUC), lists the PAP as the 12^th organ of the Union, contradicting the clear provisions of Article 5 of the Constitutive Act, which ranks PAP as third in hierarchy. This discrepancy reflects the adage that if a falsehood is repeated often enough, it begins to be accepted as truth. A concerning example of this is the increasing authority exercised by the Chairperson of the AUC over PAP, including actions such as suspending the rules of procedure adopted by the Parliament without first consulting the Union's policy organs.

The Consequences of Ignoring the Hierarchy

The implications of undermining the authority of the PAP are significant and far-reaching, affecting both the governance of the AU and the functioning of the PAP. The key consequences include:

1.     Erosion of Institutional Hierarchy and Legitimacy: By listing PAP as the 12^th organ rather than its rightful position as the third, the AUC undermined the established institutional hierarchy. This misrepresentation is resulting in a gradual erosion of PAP's authority and legitimacy, making it harder for the Parliament to fulfill its mandate effectively.

2.     Concentration of Power: The increasing influence of the Chairperson of the African Union Commission, especially in exercising supervisory powers over PAP, amounts to a centralization of authority that was not intended by the AU's founders. This concentration of power risks sidelining the PAP and other organs, leading to a governance structure that is less balanced and less democratic. South Africa’s former Minister of International Relations and Cooperation, Dr. Naledi Pandor, made such observation during her keynote address at a PAP-PRC retreat in December 2022 when she noted that the AU was not established to be a bureaucratic organization. Dr. Pandor recalled that the launch of the AU in 2002 was borne out of a resolve to form a people-centred African Union adding that PAP has a key role to play in realizing this objective given its unique ability to connect with constituencies and grassroots across the continent.

3.     Undermining the Role of PAP: The ability of the Chairperson to suspend PAP's amended Rules of Procedure without consulting the Union's policy organs has the effect of weakening the autonomy and decision-making power of the Parliament. This will in turn, undermine PAP's role as a representative body that should operate independently within the AU framework to ensure the participation of African peoples in continental affairs. Regrettably, it was a serving member of the current Bureau of the PAP that lee the group that petitioned the AUC Chairperson to suspend the amended rules of procedure in August 2023.

4.     Loss of Checks and Balances: The disregard for the established hierarchy and the bypassing of the Union's policy organs diminish the system of checks and balances within the AU. This will eventually lead to unchecked executive authority, reducing accountability and transparency in the Union's governance. Article 20 of the Constitutive Act, which established the AUC, did not give it adjudicatory or judicial powers to interpret any of the Union’s legal instruments.

5.     Diminished Voice of African Peoples: The marginalization of PAP, designed to be the voice of African peoples within the AU, has the effect of weakening the link between the Union and its citizens. This disconnect will eventually lead to policies and decisions that do not adequately reflect the needs and aspirations of the people, potentially reducing public trust and engagement with the AU.

6.     Precedent for Future Governance Issues: If this trend continues, it could set a precedent for further deviations from the established governance structures of the AU. This might encourage similar actions that undermine other organs, leading to a governance crisis where the foundational principles of the AU are disregarded.

The Imperative for Respecting the Established Hierarchy

To address these challenges, it is imperative that the AU’s organs respect the hierarchy established by the founders of the Union. This begins with recognizing the pivotal role of PAP within the governance architecture of the AU and ensuring that it is empowered to fulfill its mandate. The AU must take concrete steps to strengthen the PAP by fully implementing the PAP Protocol, providing adequate resources, and fostering greater political will among Member States to support the institution.

Moreover, there needs to be a cultural shift within the AU towards a more inclusive and participatory approach to decision-making. Refusal to submit the AU budget to PAP for consideration and recommendations prior to approval by the policy organs is as a result of this mindset. The PAP should be given a more prominent role in shaping the Union’s policies and programs, ensuring that they reflect the diverse perspectives and needs of the African people. By doing so, the AU can enhance its legitimacy, strengthen its institutions, and better achieve its goals of development and integration.

Conclusion

The founders of the African Union envisioned a governance structure that would promote unity, development, and integration across the continent, with the Pan-African Parliament playing a central role in this vision. However, the current disregard for the established hierarchy within the AU undermines this vision and weakens the Union’s governance framework. To realize the full potential of the AU, it is essential that all organs respect the hierarchy laid out in the Constitutive Act, empowering the PAP to fulfill its mandate and ensuring that the voices of African peoples are heard and respected in the continental governance process. Only through such respect and adherence to the founding principles can the AU effectively lead Africa towards a more integrated and prosperous future.