Understanding the Role of the Pan African Parliament in AU Governance

The Pan African Parliament stands as a vital institution within the African Union's governance structure, embodying the aspirations for continental integration and democratic governance. Established through the Protocol Establishing the Pan African Parliament, this legislative body has an influence on shaping policies and decisions that affect the entire African continent. With its headquarters in South Africa, the Pan African Parliament plays a crucial role in fostering collaboration among African nations and promoting the interests of African citizens.

The Pan African Parliament's mandate extends beyond mere representation to encompass a range of functions essential to advance African unity. From election observation to exercising advisory and consultative powers, the parliament works to strengthen democratic processes across the continent. Under the leadership of its current president, Chief Fortune Charumbira, the Pan African Parliament continues to evolve, addressing challenges and seeking to expand its impact. This article delves into the historical context, structure, and functions of the Pan African Parliament, examining its relationships with stakeholders and exploring future directions for this important continental body.

Historical Context of the Pan African Parliament: Pan-Africanism and continental integration

The roots of the Pan African Parliament (PAP) can be traced back to the broader Pan-African movement, which has a rich history dating back to the mid-19th century. Pan-Africanism, as an idea, emphasizes that peoples of African descent have common interests and should be unified ^[1]. This movement has taken various forms throughout history, often manifesting as political or cultural initiatives.

Early Pan-Africanist ideas began to circulate in the United States, led by Africans from the Western Hemisphere. Notable figures such as Martin Delany, Alexander Crummel, and Edward Blyden were among the pioneering advocates of Pan-Africanism ^[1]. Their visions ranged from establishing separate nations for African Americans to promoting Africa as the ideal location for a new Black nation.

The concept of Pan-Africanism stresses the need for "collective self-reliance" and exists as both a governmental and grassroots objective ^[2]. Pan-Africanists believe that solidarity will enable the continent to fulfill its potential and independently provide for all its people. This unity is seen as a means to empower African people globally and potentially lead to a reallocation of global resources ^[2].

Abuja Treaty provisions

The journey towards the establishment of the Pan African Parliament gained significant momentum with the signing of the Treaty Establishing the African Economic Community, also known as the Abuja Treaty, on June 3, 1991 ^[3]. This treaty laid the groundwork for the eventual creation of the PAP, envisioning it as a crucial component in the process of strengthening Africa's institutional framework for achieving political and economic integration ^[3].

The Abuja Treaty provided for the PAP to become a reality after a 34-year transition period ^[4]. However, the political changes in Africa following the Cold War gave new impetus to regional integration, including its parliamentary dimension. This accelerated the timeline for the PAP's establishment ^[4].

Establishment within the AU framework

The creation of the Organization of African Unity (OAU) in 1963 marked a significant milestone in the Pan-African movement. The OAU Charter defined a coordinated effort to raise the standard of living of member states and defend their sovereignty ^[2]. This organization later evolved into the African Union (AU), which was launched in 2002 to further promote the social, political, and economic integration of Africa ^[1].

Within this framework, the Constitutive Act of the African Union, which entered into force in 2001, maintained the PAP as one of the nine organs of the Union ^[4]. The PAP was seen as a means of ensuring the full participation of African people in the development and economic integration of the continent ^[4].

The protocol establishing the PAP was approved in 2001 and entered into force in 2003 ^[4]. Finally, in March 2004, the Pan-African Parliament was officially established by Article 17 of the Constitutive Act of the African Union ^[5]. The seat of the Parliament was set in Midrand, South Africa ^[5].

The vision for the PAP, as outlined in Article 2(3) of the PAP Protocol signed in 2001, envisions its eventual transformation into a legislative body. The protocol clearly stipulates that the "ultimate aim" for the PAP is "to evolve" into a legislative body, with members elected by universal suffrage ^[3]. This aspiration reflects the broader goal of achieving a Union Government of Africa, viewed by the AU as a political transitional arrangement towards the United States of Africa ^[3].

Structure and Composition

The Pan African Parliament (PAP) has a well-defined structure and composition designed to represent the diverse interests of the African continent. The parliament is made up of three main bodies: the plenary, bureau, and secretariat ^[6].

Membership allocation

The PAP consists of 270 representatives elected by the legislatures of the 54 African Union (AU) member states ^[6]. Each member state sends a delegation of five parliamentarians to the Parliament ^[6]. This allocation ensures equal representation for all participating countries, regardless of their size or population.

Representation criteria

The composition of each national delegation reflects the political diversity of the member state's legislature ^[6]. This approach aims to ensure that various political viewpoints within each country are represented at the continental level. Importantly, at least one of the five members from each delegation must be a woman ^[6]. This requirement promotes gender inclusivity and ensures that women's voices are heard in continental decision-making processes.

Leadership roles

The PAP is headed by a Bureau, which consists of a President and four Vice-Presidents ^[7]. The members of the Bureau represent the five regions of the continent, ensuring geographical balance in the parliament's leadership ^[7]. This structure allows for diverse perspectives in the management of the parliament's affairs.

The Bureau has several key responsibilities:

Managing and administering the affairs and facilities of Parliament and its organs ^[7].

Regulating procedures relating to financial, organizational, and administrative needs ^[7].

Determining the draft agenda and programs for parliamentary sessions ^[7].

Establishing the structure of the Secretariat and laying down staff regulations ^[7].

Proposing the appointment of the Clerk and Deputy Clerks to Parliament ^[7].

Preparing the draft budget and presenting it to the responsible committee ^[7].

Coordinating and harmonizing the functions of Permanent Committees ^[7].

The Secretariat plays a crucial role in the day-to-day operations of the Parliament. It consists of the Clerk of Parliament and two Deputy Clerks, one leading the Legislative Business Department and the other overseeing Finance, Administration, and Human Resources ^[6]. The Secretariat's duties include minuting meetings, organizing elections, and managing staff ^[6].

In addition to the Bureau and Secretariat, the PAP has 11 Permanent Committees and one ad hoc committee ^[8]. These committees, each with up to 30 members, have mandates and functions corresponding to those of the AU Specialized Technical Committees ^[8]. They play a vital role in the parliament's work, focusing on specific areas of continental governance and policy-making.

The Plenary, comprising all member state representatives, serves as the main decision-making body of the Parliament ^[6]. Chaired by the President, the Plenary is responsible for passing resolutions and making key decisions that shape the continent's future ^[6].

This structure ensures that the Pan African Parliament can effectively represent the diverse interests of the African continent while working towards greater unity and cooperation among member states.

Mandate and Objectives

The Pan-African Parliament (PAP) stands as a crucial organ of the African Union (AU), established to ensure the full participation of African peoples in the continent's economic development and integration ^[8]. Its mandate and objectives are deeply rooted in the Pan-African ideals of cooperation and unity among African states, ultimately aiming to establish an African Economic Community ^[3].

Promotion of African integration

The PAP plays a vital role in promoting continental integration. It has the responsibility to familiarize the peoples of Africa with the objectives and policies aimed at integrating the African continent within the framework of the AU ^[3]. This involves creating awareness among African peoples about the AU's objectives, policy aims, and programs. The parliament also works towards strengthening continental solidarity, cooperation, and development ^[8].

One of the key functions of the PAP is to contribute to the harmonization and coordination of Member States' legislation ^[8]. This effort is crucial in fostering a more unified approach to governance across the continent. Additionally, the parliament promotes the coordination of policies, measures, programs, and activities of the Regional Economic Communities (RECs) ^[8], further enhancing continental integration efforts.

Oversight of AU activities

The PAP exercises oversight and has advisory and consultative powers ^[9]. It is empowered to examine, discuss, or express an opinion on any matter and make recommendations it deems fit ^[3]. This mandate allows the parliament to play a crucial role in facilitating and overseeing the implementation of AU policies, objectives, and programs ^[8].

To fulfill its oversight function, the PAP can request officials of the AU to attend its sessions, produce documents, or assist in the discharge of its duties ^[3]. This power enables the parliament to hold AU organs accountable and ensure transparency in their operations.

Citizen engagement

The PAP serves as a formal platform for African people to participate meaningfully in decision-making processes on matters affecting the continent ^[10]. It aims to promote human rights, democracy, peace, and security while facilitating cooperation and development ^[3]. The parliament also works towards strengthening democratic institutions and culture, good governance, transparency, and the rule of law by all AU organs, RECs, and Member States ^[8].

Recognizing the importance of citizen involvement, the PAP actively engages with civil society organizations. It organizes forums to sensitize these organizations on the workings of the PAP, promote active and constructive citizen engagement, and identify gaps and challenges in civil society engagement ^[10]. This approach ensures that the PAP's mandate as a representative of the African people is effectively implemented.

The ultimate aim of the Pan-African Parliament is to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage ^[9]. This vision aligns with the broader goal of achieving a more integrated and democratically governed African continent.

Functions and Powers

The Pan-African Parliament (PAP) plays a crucial role in the African Union's governance structure, with its functions and powers defined in Article 11 of the Protocol to the Treaty establishing the African Economic Community Relating to the Pan-African Parliament ^[5]. These functions and powers are designed to promote continental integration, oversight of AU activities, and citizen engagement.

Advisory and consultative role

The PAP's primary function is to exercise advisory and consultative powers ^[3]. This role allows the parliament to 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 of the African Union ^[5]. The parliament has the authority to make recommendations on various issues, including human rights, democratic institutions, good governance, and the rule of law ^[5].

To fulfill its advisory role, the PAP has the power to request officials of the AU to attend its sessions, produce documents, or assist in the discharge of its duties ^[3]. This capability enables the parliament to gather necessary information and insights to make informed recommendations.

Policy discussions

The PAP serves as a platform for policy discussions on matters affecting the African continent. It has the responsibility to:

Discuss its budget and the budget of the African Union, making recommendations prior to approval by the Assembly ^[5].

Work towards the harmonization and coordination of Member States' legislation ^[5].

Promote the coordination and harmonization of policies, measures, programs, and activities of the Regional Economic Communities (RECs) and parliamentary fora of Africa ^[5].

Facilitate and oversee the implementation of AU policies, objectives, and programs ^[8].

The parliament's Permanent Committees play a crucial role in these policy discussions. They implement programs and projects aligned with the PAP Strategic Plan 2018-2023, which considers the vision of the Parliament, Agenda 2063, and AU programs ^[11]. This approach ensures that the issues investigated and debated by the Committees are relevant to achieving the African Union's agenda.

Recommendations to AU bodies

One of the PAP's key functions is to make recommendations to various AU bodies. The parliament has the authority to:

Make recommendations aimed at contributing to the attainment of the objectives of the OAU/AEC ^[5].

Draw attention to the challenges facing the integration process in Africa and suggest strategies for dealing with them ^[5].

Promote AU programs and objectives in the constituencies of the Member States ^[5].

The recommendations made by the PAP are typically based on the findings of its Permanent Committees. These recommendations are presented to the Plenary for adoption and, if agreed upon, form part of the Report of the President of the PAP that is considered by the Assembly of Heads of State and Government ^[11]. It is expected that these recommendations inform the formulation of AU policies and decisions.

Despite these functions and powers, it's important to note that there is little evidence that the policy-making structures of the AU have consistently taken the parliament's decisions into consideration ^[3]. The PAP currently lacks the capacity to enforce or formally follow up on its decisions sent to AU organs ^[3]. To improve this situation, there have been discussions about transforming the PAP into a legislative body with more substantial powers ^[12]. This potential transformation could have significant implications for the composition, functions, and powers of the PAP in the future.

Decision-making and Legislative Processes

The Pan-African Parliament (PAP) employs a structured approach to decision-making and legislative processes, involving plenary sessions, committee work, and the adoption of resolutions. This system allows the parliament to fulfill its advisory and consultative role within the African Union (AU) framework.

Plenary sessions

The PAP holds four meetings annually, with two plenary sessions in May and October ^[10]. These sessions serve as the main decision-making forums where members discuss activities from various committees and other pertinent issues affecting the African continent ^[10]. The Plenary, consisting of all member state representatives and chaired by the Parliament's President, is the primary body for passing resolutions ^[8].

During these sessions, the parliament examines, discusses, and expresses opinions on matters either on its own initiative or at the request of the AU Assembly or other policy organs ^[5]. This process allows the PAP to make recommendations on various issues, including human rights, democratic institutions, good governance, and the rule of law.

Committee work

The PAP's work is significantly supported by its committee structure. There are 10 Permanent Committees and one ad hoc committee, each with up to 30 members ^[8]. These committees play a crucial role in enabling the parliament to perform its core oversight, advisory, and consultative functions ^[11].

The committees' responsibilities include:

Overseeing the development and harmonization of AU and Member States' policies.

Examining and reviewing AU protocols and treaties.

Overseeing relevant AU organs or institutions.

Promoting the development and implementation of AU programs.

Investigating and reporting findings on assigned matters to the Plenary ^[11].

Committee work is aligned with the PAP Strategic Plan 2018-2023, which considers the parliament's vision, Agenda 2063, and AU programs ^[11]. This approach ensures that the issues investigated and debated are relevant to achieving the AU's agenda.

Adoption of resolutions

The adoption of resolutions is a critical aspect of the PAP's decision-making process. Based on the work of the Permanent Committees, recommendations are formulated and presented to the Plenary ^[11]. If there is collective agreement, these recommendations are adopted by the Plenary and incorporated into the Report of the President of the PAP, which is then considered by the Assembly of Heads of State and Government ^[11].

A recent example of this process was demonstrated during the 3rd Ordinary Session of the Sixth Pan-African Parliament, where several recommendations were adopted ^[13]. These included resolutions on education, family values, traditional medicine, and peace and security in Africa ^[13]. The adoption of these resolutions showcases the PAP's ability to engage in robust debate and express opinions on a wide range of issues pertaining to the AU and its organs, Regional Economic Communities, Member States, and their respective institutions ^[13].

It's important to note that while the PAP can make recommendations, it currently lacks the capacity to enforce or formally follow up on its decisions sent to AU organs ^[3]. This limitation has led to discussions about potentially transforming the PAP into a legislative body with more substantial powers in the future ^[12].

Relationships with Stakeholders

The Pan-African Parliament (PAP) has established relationships with various stakeholders to fulfill its mandate of ensuring full participation of African peoples in the continent's economic development and integration. These relationships are crucial for the PAP's effectiveness and its ability to represent the interests of African citizens.

Engagement with national parliaments

The PAP works closely with national parliaments across Africa to promote the harmonization and coordination of Member States' legislation ^[8]. This collaboration is essential for implementing AU policies, objectives, and programs at the national level. By engaging with national parliaments, the PAP aims to create awareness among the peoples of Africa about the AU's objectives, policy aims, and programs ^[8].

Cooperation with regional assemblies

The PAP collaborates with Regional Economic Communities (RECs) and their respective parliamentary bodies to promote continental integration. One example is the East African Legislative Assembly (EALA), which was established in 1999 and inaugurated in 2001 ^[3]. The EALA consists of 52 members, with nine representatives from each of the five member states of the East African Community ^[3].

The PAP works to promote the coordination of RECs' policies, measures, programs, and activities ^[8]. However, there is a need for clarity on how the PAP should share its responsibilities with regional parliaments or assemblies ^[3]. This collaboration is crucial for achieving the AU's vision of a Union Government of Africa, which is seen as a political transitional arrangement towards the United States of Africa ^[3].

Interaction with civil society

The PAP has made significant efforts to engage with civil society organizations (CSOs) to ensure that the voices of African citizens are heard. The Civil Society Forum (CSF) is a platform that aims to foster closer collaboration between CSOs and the PAP ^[14]. This engagement has led to several initiatives:

Parliamentary Dialog: The PAP hosts dialog sessions with civil society groups, such as the one held during the 3rd Ordinary Session of the Sixth Parliament in Midrand, South Africa ^[15].

Submission of Recommendations: The CSF submits Resolutions and Recommendations to the PAP on various issues, including the African Continental Free Trade Area (AfCFTA) and the free movement of people within Africa ^[14].

Advocacy for Policy Changes: Civil society organizations provide valuable inputs and expertise during the formulation of policies and legislation aligned with Agenda 2063 ^[15].

Monitoring and Accountability: CSOs play a role in monitoring the progress of Agenda 2063 implementation and holding Parliamentarians accountable for their commitments ^[15].

Capacity Building: There is a focus on investing in capacity-building programs for both civil society and Parliamentarians to enhance their understanding of Agenda 2063 and improve collaboration ^[15].

The collaboration between the PAP and civil society is seen as crucial for advancing Agenda 2063, the strategic framework for Africa's socio-economic transformation ^[15]. This partnership aims to create a more democratic, transparent, and responsive governance system that prioritizes the needs and concerns of African people ^[15].

To further strengthen these relationships, the PAP is working on increasing its visibility and improving understanding of its mandate among stakeholders ^[15]. This approach is expected to enhance the PAP's role as a platform for African people to be involved in discussions and decision-making on the challenges facing the continent ^[8].

Challenges and Limitations

The Pan-African Parliament (PAP) faces several challenges and limitations that hinder its effectiveness as a continental legislative body. These issues range from its advisory nature to resource constraints and protocol ratification problems.

Advisory nature of powers

One of the primary limitations of the PAP is its current advisory and consultative role within the African Union (AU) framework. The parliament lacks legislative powers, which significantly restricts its ability to influence policy and decision-making processes across the continent ^[16]. This limitation has led to a lack of legitimacy in the eyes of citizens and the AU Commission in Addis Ababa ^[16].

The PAP's inability to enact binding legislation has resulted in a situation where many African governments are averse to giving the parliament more substantial powers ^[16]. This reluctance reflects a broader issue in many African countries where national parliaments often struggle to fulfill their oversight and legislative roles effectively.

Resource and capacity constraints

The PAP faces significant resource and capacity challenges that impede its ability to fulfill its mandate effectively. The parliament costs the AU around US$15 million annually, in addition to the considerable sums member states spend on delegates attending bi-annual sittings ^[16].

Inadequate funding has been identified as a major institutional capacity challenge facing the Pan-African Parliament ^[17]. This financial constraint limits the parliament's ability to carry out its functions effectively and implement necessary reforms. The lack of resources also affects the PAP's ability to engage with stakeholders, conduct research, and develop comprehensive policy recommendations.

Protocol ratification issues

The transformation of the PAP into a more powerful legislative body has been hampered by protocol ratification issues. In 2014, the AU Assembly adopted the Malabo Protocol, which would eventually grant the PAP some legislative powers ^[16]. However, as of now, only 12 out of a minimum required 28 states have ratified the protocol, preventing it from taking effect ^[16].

This slow ratification process reflects the reluctance of many member states to cede power to a supranational body. Even if the protocol is eventually ratified, the AU Assembly will retain the power to determine which areas the PAP will have jurisdiction over, potentially limiting its effectiveness ^[16].

The challenges facing the PAP have led to questions about its relevance and value. Critics argue that except for recurrent scandals of corruption, the institution has largely existed in obscurity ^[16]. To address these issues, there have been calls for institutional reforms and initiatives, as outlined in an assessment report provided to the PAP ^[12].

Overcoming these challenges will require concerted efforts from member states, the AU, and the PAP itself. Strengthening the parliament's powers, improving its resource base, and accelerating the ratification of key protocols are essential steps towards realizing the vision of a truly representative and effective Pan-African legislative body.

Future Directions and Transformation

The Pan-African Parliament (PAP) stands at a crucial juncture in its evolution, with ambitious plans for transformation and enhanced influence within the African Union (AU) governance structure. The PAP's future directions are shaped by its vision to become a more effective legislative body and a true voice for African peoples.

Push for legislative powers

The PAP's ultimate aim is to transform into an institution with full legislative powers ^[8]. This vision is clearly articulated in the PAP Protocol, which envisions the parliament becoming an institution with members elected through continent-wide universal suffrage ^[3]. The 2014 Protocol represents a significant step towards this goal, designating the PAP as the legislative organ of the AU ^[8]. Under this protocol, the AU Assembly would determine the subjects on which the PAP may propose draft model laws, while the parliament itself could make proposals on areas where it may submit or recommend draft model laws for the Assembly's consideration and approval ^[8].

To achieve this transformation, the PAP has resolved to intensify advocacy for the ratification of the Malabo Protocol, which would grant the parliament legislative powers ^[18]. This push for ratification reflects the PAP's commitment to evolving beyond its current advisory role and becoming a more influential player in AU governance.

Advocacy for direct elections

Alongside the push for legislative powers, there is a growing emphasis on direct elections for PAP members. The 2014 Protocol includes provisions for member elections, stipulating that at least two of each Member State's five representatives should be women ^[8]. It also outlines that members shall be elected by their national parliaments or other deliberative organs from outside their membership ^[8].

The protocol further envisions the development of a code for election to the PAP by direct universal suffrage ^[8]. This move towards direct elections aims to enhance the parliament's democratic legitimacy and strengthen its connection to the African people it represents.

Enhanced role in AU governance

The PAP is actively working to enhance its role within the AU governance structure. Its objectives include facilitating the effective implementation of AU policies and objectives, promoting human rights and democracy, and encouraging good governance, transparency, and accountability in Member States ^[18].

To achieve these goals, the PAP is focusing on several key areas:

Strengthening its voice in policy discussions and decision-making processes within the AU ^[18].

Promoting cooperation among Regional Economic Communities and their Parliamentary fora ^[18].

Encouraging National and Regional Parliaments to ratify and integrate AU treaties into their legal systems ^[18].

Facilitating cooperation with national and regional parliaments, as well as civil society organizations ^[18].

These efforts align with the broader vision of Agenda 2063, Africa's development blueprint for achieving inclusive and sustainable socio-economic development over a 50-year period ^[19]. By enhancing its role in AU governance, the PAP aims to contribute significantly to the realization of this vision and the creation of a more integrated and politically united continent.

Conclusion

The Pan African Parliament has a significant influence on shaping continental policies and fostering collaboration among African nations. Its journey from an advisory body to its aspiration to become a fully-fledged legislative organ reflects the broader vision of African unity and integration. Despite facing challenges such as limited powers and resource constraints, the PAP continues to work towards enhancing its role in AU governance and advocating for direct elections of its members.

Looking ahead, the PAP's push to gain legislative powers and its efforts to increase engagement with civil society organizations and regional parliaments shows promise to strengthen its impact on continental affairs. The ongoing advocacy to ratify the Malabo Protocol and the focus on aligning with Agenda 2063 demonstrate the PAP's commitment to evolve and better serve the interests of African citizens. As the continent moves towards greater integration, the Pan African Parliament is poised to play a crucial role in shaping Africa's future.