Frequently Asked Questions (FAQs): The Malabo Protocol and the Pan-African Parliament

In June 2014, the Assembly of the African Union (AU) adopted the Protocol to the Constitutive Act of the African Union Relating to the Pan-African Parliament, commonly referred to as the Malabo Protocol. This document built on the original 2001 Protocol establishing the Pan-African Parliament (PAP). Notably, Article 25 of the 2001 Protocol envisioned periodic reviews of PAP’s operations: five years after the entry into force of the protocol and at intervals of ten years thereafter. These reviews were meant to ensure that the PAP’s objectives, purposes, and underlying vision remain aligned with the evolving needs of the African continent.

Despite the adoption of the Malabo Protocol in 2014, its entry into force has been delayed because only 15 AU member states have deposited their instruments of ratification, out of the 28 required. Until enough states ratify, the protocol’s revised provisions—which clarify the Parliament’s membership criteria, powers, and relationship with other AU organs—cannot take effect.

Below are answers to frequently asked questions about the Malabo Protocol’s key provisions, from who qualifies to serve as a PAP member to how frequently the Parliament meets.

1. Membership

Q1: How many members does each State Party send to the Pan-African Parliament?

A: Under the Malabo Protocol, each State Party is represented by five (5) members. Critically, at least two (2) of these members must be women. A delegation that does not meet this gender requirement will not have the right to be accredited to the Parliament.

Q2: Why is there a mandatory gender requirement for each delegation?

A: The provision aims to promote gender balance and inclusivity in continental decision-making processes. By mandating women’s representation, the Protocol seeks to ensure that perspectives from all segments of society are heard and integrated into legislative deliberations.

2. Election of Members

Q3: Who elects the five members to represent each State Party in the PAP?

A: The National Parliament (or other equivalent deliberative body) in each country elects the five (5) PAP representatives. Notably, these representatives must be chosen from outside the membership of the National Parliament itself. Anyone already serving in the National Parliament has to resign if elected to the PAP.

Q4: Does the representation of each State Party reflect the political diversity in its national parliament?

A: Yes. The protocol specifies that the diversity of political opinions in each National Parliament should be taken into account. Essentially, the different political parties within a National Parliament should be proportionately represented when electing PAP members.

Q5: Is there a set timeline for PAP elections across all AU member states?

A: The election of PAP members “shall be conducted as far as possible in the same month throughout the member states” as decided by the AU Assembly. This is to ensure a level of synchronization in how and when countries choose their representatives.

Q6: What if disputes arise over the election process, or if a PAP seat becomes vacant?

A: The same national institution responsible for settling electoral disputes in the respective country (e.g., a constitutional court or electoral tribunal) will handle any contest regarding PAP elections. If a seat becomes vacant, that institution will also determine how it should be filled.

3. Tenure

Q7: What would be the term of office for a PAP Member?

A: PAP Members will serve a five-year term and may be re-elected for one additional term only. Thus, a maximum of two consecutive five-year terms is allowed.

Q8: When does a member’s five-year term officially begin and end?

A: The term commences from the date a member is sworn into office and ends on the last day of the Parliament’s term. This ensures that all PAP members work cohesively within each parliamentary cycle.

4. Powers of the Pan-African Parliament

Q9: What legislative powers does the PAP have under the Malabo Protocol?

A: The AU Assembly determines the subjects on which the PAP may propose Model Laws. In addition, Article 8.1(b) allows the PAP, on its own initiative, to suggest areas for draft Model Laws, but only after obtaining the Assembly’s approval.

Q10: Are these Model Laws automatically binding on member states?

A: No. Model Laws are non-binding frameworks. Member states can choose to incorporate them into national legislation, adapt them, or ignore them altogether. This system respects each country’s sovereignty while aiming to foster harmonization of laws across Africa.

Q11: Apart from Model Laws, what other functions can PAP undertake?

A: The PAP can debate its own budget and the African Union’s budget, making recommendations to the AU. It may also conduct fact-finding or inquiry missions and undertake observer missions—for instance, during elections in member states. In addition, the PAP will receive and consider reports (including audit reports) of other AU organs as may be referred to it by the Executive Council or the Assembly, and then make recommendations accordingly. Furthermore, the PAP has the power to engage in fund-raising activities to support its work.

5. Allowances

Q12: Who is responsible for paying the PAP members?

A: Each member state is expected to pay allowances to its own representatives. This includes remuneration for ordinary PAP Members, as well as for those holding positions like President, Vice Presidents, or Chairpersons of PAP committees.

Q13: Why doesn’t the AU centralize these allowances?

A: By keeping the responsibility with individual states, the protocol underscores that each country is accountable for supporting its chosen delegates. This arrangement also helps maintain the principle of shared financial obligations within the African Union.

6. Bureau of the Parliament

Q14: What is the Bureau, and who serves on it?

A: The Bureau is the principal leadership organ of the PAP. It comprises a President and four (4) Vice Presidents—one from each of the AU’s five regions, ensuring fair geographical representation. In accordance with gender balance requirements, two of these seats are reserved for women.

Q15: How long do the President and Vice Presidents serve?

A: Their term lasts two-and-a-half years (2.5 years), renewable once. This rotation ensures that all five regions can eventually hold the leadership positions.

Q16: What functions do the President and Vice Presidents perform?

A: They preside over PAP sessions, oversee administrative matters, coordinate with various AU organs, and represent the Parliament at regional and international engagements. Their detailed duties are spelled out in the PAP’s Rules of Procedure.

7. Sessions and Quorum

Q17: How often does the PAP meet?

A: The Malabo Protocol mandates that the PAP convene in ordinary session at least twice a year, each session lasting up to one (1) month. It is not intended to be a full-time legislature but rather a body that regularly reviews and discusses continental matters.

Q18: Is there a required quorum for PAP meetings?

A: Yes. The precise quorum needed to conduct normal business or to make valid decisions is detailed in the PAP’s Rules of Procedure. While the Protocol sets the overall framework, internal rules specify how many members must be present to vote or deliberate on key issues.

Conclusion

The Malabo Protocol outlines a clear, balanced framework for the Pan-African Parliament, specifying its membership criteria, election procedures, and limited legislative functions. By entrusting the Parliament with the power to propose Model Laws and conduct oversight missions, the Protocol aims to enhance continental integration while respecting each state’s national sovereignty.

The provisions on membership, tenure, allowances, and sessions underscore the Protocol’s emphasis on gender balance, diversity, and regional equity. Meanwhile, the requirement for AU Assembly approval of legislative areas ensures that sovereign governments retain ultimate control over what the PAP can address.

Understanding these provisions helps dispel misconceptions about the PAP becoming a supranational authority that overrides national legislatures. Instead, the Malabo Protocol sets the stage for consultative, cooperative lawmaking, reflecting the shared aspirations of African countries to address transnational challenges collectively, yet on terms they themselves define.