Workshop to Commemorate 50 years of OAU/AU held on 24th May 2013 at J.K. Nyerere Hall, MUCCoBS
ORGANIZATION OF AFRICAN UNITY/AFRICAN UNION AND THE CHALLENGES OF REALIZING ITS
OBJECTIVES
By Prof. Edwin H. Moshi7
Abstract
This paper examines the challenges which the OAU and the AU have faced in realizing the objectives set
for the organization.
It is divided into two main parts. Part one (Section 2) examines the origin of the
OAU and its objectives. It discusses the process which the organization went through in realizing its set
objectives and the challenges experienced.
Part two (Sections 3 and 4) of the paper discusses the factors which led into the transition from OAU to
AU. It examines the objectives of the African Union and the programmes that the AU has put in place to
enable it fulfil its objectives.
The paper concludes by examining the challenges which the AU is facing in realizing its objectives and
makes recommendations on sustainable strategies that the organization can develop to enable it to meet
its objectives in the future.
Key Words:
boundary conflicts, decolonisation, political cooperation, regional economic communities,
territorial integrity
7
Prof. Edwin Moshi is an Associate Professor in Development Studies and Public Policy in the Department of Co-operative Development
and Management at MUCCoBS.
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1.
Introduction
The Organisation of African Unity (OAU) was formed at a meeting of 32 African Heads of State in
Addis Ababa in May 1963. The broad objectives of the OAU were to promote political cooperation in
the struggle to liberate the entire African continent from colonialism and white oppression. In doing
that, OAU sought, as well, to advance African development efforts to liberate the continent from
poverty by promoting economic development of its constituent member countries.
By 1999, the membership of OAU had risen from the original 32 countries to 53.
South Sudan
became the 54 member in 2011. The objectives of the OAU had also been re-focused more towards
promoting economic and social development following the end of colonial rule and white oppression
in Southern Africa. As African Heads of Government moved their attention from liberalization to
economic development, the OAU was facing challenges of reshaping the organization to enable
it to effectively address the challenges of using collective efforts to promote economic and social
development.
Following various summits which discussed the challenges facing the continent in promoting
cooperation among its member countries that would expedite the process of social and economic
development, at the Durban Heads of State Summit in 2002, the OAU decided to transform itself
into the African Union (AU) as a way forward in continuing to fulfil the objectives of the OAU Charter.
This paper examines some of the formidable challenges that have been (and are still) facing this
continental organisation, and attempts to suggest possible means to overcome some of those
challenges. It starts by looking at the genesis of OAU.
2.
The Organisation of African Unity (OAU)
Throughout the period of struggle for independence of African continent from colonial rule, African
leaders began to view cooperation at continental level as a basis for success. These leaders also
began to discuss continental development as opposed to piecemeal development of specific regions
of Africa.
These views of the early African leaders were slowly incorporated into the nationalist struggle and
eventually gained their clearest articulation during the struggle for independence. The Pan-African
Congress, which was held in Manchester in 1945, brought together African Nationalist leaders and
leaders from Diaspora. This Congress gave the clearest expression of African Vision as: To achieve
independence from Colonial rule throughout the continent so that Africans could rule themselves and
to achieve continental unity – to enable Africans to realize faster economic growth and development
and make Africa a strong continent within the international system.
The vision was popularized at the sub-regional level as nationalist movements mobilised workers
and peasants for the struggle against colonial rule. It is against this background that the Organisation
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of African Unity (OAU), or at least the idea behind it, was reached in 1963 in Addis Ababa, Ethiopia
by the then 32 independent African countries. The OAU was a decisive watershed in the history of
Pan-Africanism thought and movement. The underlying current of Pan-Africanism and the objectives
of African Liberation dictated the institutional and organizational imperative of unity among African
people.
The Organisation of African Unity (OAU) was launched in 1963 in Addis Ababa, Ethiopia. As already
hinted at, the launch summit was attended by 32 heads of states from independent member states
at that time.8 Currently the organization, which transformed into the African Union in 2002, has 54
member states, with South Sudan as the most recent member. South Sudan joined the Union in
2012 after separating from Sudan.
The formation of the OAU in 1963 was a culmination of efforts and thoughts developed by African
leaders of the time, spearheaded by the President of Ghana and that of Tanzania. In 1963, President
Kwame Nkrumah of Ghana had argued that a Union Government for Africa would ultimately be the
most effective vehicle for African social, political and economic emancipation. Nkrumah, therefore,
demanded for an immediate African government. This view was opposed by President Nyerere
of Tanzania.
Nyerere advocated for an incremental approach to a single government of Africa as
opposed to Nkrumah’s view of an “African Government now”, insisting that hard thought and detailed
negotiations had to replace slogans if the objectives of African unity were to be attained9.
President Nyerere further argued that before any progress could be made towards the desired
unity, it was vital that it had to come by agreement among equals. He believed that none of the
African states could have achieved what it individually regarded an ideal form of organisation. He
argued that instead African countries needed to begin discussions on a new idea of their purpose
and willingness to sacrifice anything which was central to that purpose. Only then would unity be
achieved.
With hindsight of recent history it can be argued that Nyerere’s views were relevant because African
States needed to have a clear understanding of their goals and ask themselves what it was that they
wanted to be achieved by African Union. This was necessary because since the application of this
slogan was a matter for them alone, outside forces could interfere with their plans. At this time,
more than two thirds of Africa was free and independent with over two hundred and thirty million
people able to speak for themselves through their own representatives. The independent African
8
2
The 32 African independent countries which attended the Addis Ababa inaugural meeting of the OAU were: Algeria, Benin, Cameron,
Central African Republic, Chad, Democratic Republic of the Congo, Republic of the Congo, Ivory Coast, Egypt, Ethiopia, Gabon, Gambia,
Ghana, Kenya, Liberia, Libya, Rwanda, Senegal, Seychelles, Sierra Leone Sudan, Swaziland, Tanzania, Togo and Tunisia.
9
For more details on the appropriate approach to African unity advocated by J.K. Nyerere see the articles on African Unity; J. K. Nyerere;
Freedom and Unity and Freedom and Development: Oxford University Press (1969)
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States had available lessons from other world attempts to form political unions.
In reality, African unity meant a Union of African States – a transfer of some sovereignty from each
country to a single unit under which all members became part. It meant creation of some kind of
federal government to which all state governments had to surrender some of their powers. This
would give rise to one government which would speak for Africa to the outside world.
In practical terms, this meant that there would be one organ which is responsible for the defence
of Africa against attack or subversion from outside. There would be one representative body to
coordinate and facilitate the economic development of Africa as a whole in such a manner as to
ensure the well-being of every part of the continent. This underscored the importance of unity and
the distance African States needed to travel to reach it. Once that portion was reached, African
States could stand on equal terms with the rest of the world and effectively play their role in the
United Nations and other world forums.
With 38 African representatives in the General Assembly of the United Nations in 1968, the African
block if united could present formidable influence. But it was not to happen. At times they divided
their votes and cancelled each other out; when given their strength, they could form a block which
could determine whether a resolution was passed or not. Their strength could also see to it that a
resolution they supported was implemented.
In the economies of the region, Africa suffered its division into sovereign states. Each separately
competed with the other economically for external economic assistance. This situation has remained
the same despite the creation of the African Union in 2002.
2.1
Objectives of the OAU
The unification of Africa and the formation of a continental government, in Nkrumah’s view, were to
achieve two main objectives:
·
The first one was to facilitate overall, comprehensive economic planning on a regional basis
which would boost African economic capacity and performance, expand the market and
maximize the exploitation of Africa’s resources for the benefit of the African people.
·
The second was the establishment of a unified military and defence strategy to protect Africa
from imperialist aggression. This was to put in place a unified foreign policy to give political
protection and economic development to Africa. These core objectives as articulated by
Kwame Nkrumah remain relevant in the contemporary era and constitute core objectives in
the discourse about the present formation of a union government in Africa.
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The objectives of the OAU, as stated in Article II10 of the OAU Charter, included mainly promotion
of unity and solidarity of the African States which had already attained national independence,
coordination and intensification of their cooperation and efforts to achieve better living conditions
for the people of Africa, taking into account the respect of sovereignty, their territorial integrity
and independence, eradicating all forms of colonialism from Africa, promotion of international
cooperation having due regard to the charter of the United Nations and the Universal Declaration of
Human Rights.
To attain the above goals, member states were committed to harmonize their policies in the fields
of political, diplomatic cooperation, and economic cooperation; including culture, transport and
communication, education, health and development of science.
The OAU principles for cooperation, as stated in Article II of the Charter, centred on the sovereignty
of all member states, non-interference in the internal affairs of states, respect for the sovereignty
and territorial integrity of each state and its invaluable right to independent existence, and peaceful
settlement of disputes through negotiation, mediation, conciliation or arbitration.
Other principles
included: unreserved condemnation in all its forms of political assassinations as well as of subversive
activities on the part of neighbouring states or any other states; absolute dedication to the total
emancipation of the African countries which were still dependent, and affirmation of a policy of nonalignment with regard to the then two blocks under the cold war era [the Western block led by the
United States of America (USA) and the Eastern block led by the Union of Soviet Socialist Republics
(USSR)]. In proclaiming the OAU principles, the founding fathers envisaged an African Unity which
transcended ethnic and material differences.
2.2
How the OAU met the Challenges of realizing its Objectives
In realizing its set objectives the OAU undertook a number of continent wide co-ordinated activities
which included
co-coordinating the policies on decolonization, resolving
boundary conflicts,
defending member states and their territorial integrity and coordinating policies on the struggle
against apartheid. Below is a brief examination of the activities that had been undertaken by the
OAU in the areas outlined above and the success achieved.
2.3
Decolonisation
The OAU Coordinating Committee for the Liberation of African countries organized diplomatic
support and channelled financial, military and logistical aid to liberation movements.
Deliberate
efforts were taken to support the then liberation movements in the former Portuguese colonies of
Angola Mozambique and Guinea Bissau as well as in Namibia, Zimbabwe and South Africa..
10
Charter of the Organization of African Unit issued at the inaugural summit in May 1963: Addis Ababa
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OAU efforts were so successful that they were soon recognized by the United Nations as legitimate.
They commanded considerable world support. Liberation movements’ representatives were later
granted observer status at UN meetings. Through the OAU, international support was channelled
to liberated areas in Guinea Bissau, Angola and Mozambique. OAU successfully initiated action
with the International Court of Justice to condemn South African occupation and control of Namibia
which was a Trusteeship Territory under the United Nations.
These measures enabled Namibia to attain to independence. Likewise, a UN boycott was enacted
against Rhodesia – now Zimbabwe until majority rule was attained. The OAU persistently condemned
Portugal, South Africa, Rhodesia and their NATO allies in the UN forums for their colonialist and racist
policies in Africa where the African states commanded a big vote.
2.4
Boundary Conflicts
In the 40 years of its existence, the OAU handled a number of boundary conflicts in the continent.
Through OAU machinery and efforts these conflicts were resolved without outside interference. On
such occasions, OAU made a name for the role it played in the maintenance of international peace
and security.
The Defence of member states and territorial integrity remains one of the greatest achievements
of the OAU in its forty years of work. In the Democratic Republic of Congo (DRC) where western
countries were deeply involved in the extraction of uranium and cooper the OAU opposed the
set up of a puppet state.
In Nigeria, when the Biafra war (1970) threatened the existence of the
Federal Republic of Nigeria, OAU threw its weight on the side of unity, and provided for appropriate
machinery which helped to prevent the secession of Biafra and maintained the cohesion of Nigeria’s
membership of the OAU and continued internal stability.
In the Republic of Egypt (one of the founding members of the OAU) which was aggressed and
occupied in parts by Israel in 1967, the OAU strongly condemned the Israel aggression and demanded
the withdraw of Israel troops from all occupied Arab territories.
In Guinea the OAU offered financial and military aid along with its declared war on mercenaries
in Africa and the successful information campaign it waged to alert international opinion were all
evidence of the effectiveness of the OAU in facing outside aggression and the outside world.
On the struggle against apartheid the (OAU) – African Group at the United Nations opposed the
system of racial discrimination in South Africa, Rhodesia and Namibia (then South West Africa).
As a result of increasing pressure from all quarters, apartheid South Africa was forced out of the
Commonwealth and other specialized institutions of the United Nations.
banned from the Olympic Games and other International sports tournaments.
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South Africa was also
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In the promotion of African culture, OAU initiated the All African Cultural Festival (Algiers, August
1969) and the first workshop of African Folklore, Dance and Music in Mogadishu Somalia in 1970.
In the field of economic and social development, transport and telecommunications African
countries through the OAU have harmonized their policies with regard to UNCTAD, the World Bank,
IMF and other UN specialized agencies.
The claims of African states for better terms of trade,
full participation in the new International Monetary System and more Multilateral Aid, increasingly
carried more weight in global negotiations due to the various co-ordinated positions held by the OAU
on the issues.
Through OAU, African countries were able to proclaim their permanent sovereignty over their natural
resources and pressed for a modification of International Law with regard to the continental shelf
and territorial waters.
In the social field, progress was achieved towards the unification of African Trade Unions and Youth
Organizations. In cooperation with Economic Commission for Africa (ECA), blueprints for a rational
continental telecommunications network and efficient air and road transport were laid. To fly across
Africa from East to West or make a phone call one needed no longer to link through Paris or London.
On highway transportation, aTrans Saharan Highway from Algiers (Algeria) to Mali and Niger was built.
Another one envisaged from Mombasa, Kenya to Lagos, Nigeria remains under active consideration
today.
3.
Transition from the OAU to African Union
3.1
Preamble
By the year 1999, the OAU had outlived its usefulness. In the previous section of this paper it was
pointed out that the OAU was formed in 1963 as an inter-governmental organization charged with
the mandate of liberating the continent. By 1990 the process of liberation had been completed
when apartheid was almost dismantled in South Africa and the efforts to release Nelson Mandela
were successful. This meant that the goals of decolonisation and unity which the organization set
for itself had been achieved. There are a few continental organizations for which as many countries
have entrusted their collective destiny as the OAU. During the 40 years of OAU, member countries
demonstrated their unity and common destiny through the organization.
At its formation, the OAU charter provided for a loose confederation or association of states whose
members undertook the process of coordinating and harmonising their general policies through
cooperation in the political, diplomatic, economic,
communication, health, sanitation, nutritional,
scientific and technological spheres as well as through cooperation in defence and security.
In
this, there was no mention of political union or even Pan-Africanism. In its charter, the OAU stated
among others, the following objectives:
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-
To promote the unity and solidarity of African states
-
To coordinate and intensify their cooperation and efforts to achieve a better life for the people
of Africa
-
To defend their sovereignty, territorial integrity and independence.
-
To eradicate all forms of colonialism from Africa and to promote international cooperation
giving due regard to the charter of the United Nations and the Universal Declaration of Human
Rights.
As with many other organisations and institutions in Africa, from the very beginning of its life, the
OAU was dismissed by pessimistic detractors as an organisation that was designed to fail. Its critics
predicted that the organization would end in disarray and collapse.
However, the organisation proved its critics wrong. It can be argued that the OAU has by and large
been a
successful organization as evidenced by its impressive achievements in the objectives it
was created for.
3.2
Transformation into the African Union
Fifty three African countries were members of the OAU when it transformed into the African Union
(AU). Due to problems and challenges following the OAU it became evident as early as 1979 there
was need to amend its charter in order to streamline the organisation and gear it up for the challenges
of a changing world. Despite the many meetings that a Charter Review Committee held, very few
substantial amendments were made. The amendments of the charter took place through ad hoc
decisions and arrangements in which declarations were made at summits like the Cairo Declaration
which established a mechanism for conflict resolution11.
In 1999 during the forth Extra-Ordinary Summit in September in Sirte, Libya, the heads of state
amended the OAU charter to increase the efficiency and expectations of the OAU. The summit also
called for the establishment of an African Union (AU) in conformity with the ultimate objectives of
the OAU charter and the provision of the treaty of establishing the African Economic Commission
(AEC). The theme of the summit was strengthening the OAU to meet the challenges of the new
millennium.
The summit concluded that there was need to effectively address the new social,
political, and economic realities in Africa and to revitalise the continental organization to play a more
active role in addressing the needs of the people. In addition, the leaders concluded that regional
economic Communities (RECs) would be the pillars for achieving the objectives of the AEC and
realising the envisaged AU and therefore concerted efforts should be undertaken to consolidate and
strengthen them.
11
The AU established the peace and Security Council (PSC) to promote peace and security and stability on the continent. For more
details see Cairo DeclarationL2007): in Towards a Union government of Africa: ISS Monograph Series: No. 140, Jan. 2008.
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During the summit, it was suggested that OAU be renamed AU. In 2001 at the 37th OAU summit in
Lusaka, Zambia, Libya contributed US dollars 1million to fund the transformation of the OAU into the
AU.The transition from the OAU to AU was completed at the 37th Ordinary Summit of the OAU in
Lusaka Zambia in July 2001 when the formation of the organisation was announced and the plan of
its implementation adopted. In July 2002 the 38th and final summit of the OAU was held in Durban
South African at which the AU was formally launched12. The South African President was elected
its first President at that first session of the AU. The launching, it was then argued was a fitting
climax of decades of concerted efforts by generations of African leaders and peoples for continental
unity. The OAU had served its mission and was due for replacement by a structure geared toward
addressing the current needs of the continent, particularly the advancement of social and economic
development. In addition a structure was needed to deal effectively with the political challenges
of peace stability and security.
The AU came at the ideal time as the appropriate instrument for
implementing the New Partnership for Africa’s Development (NEPAD) and bringing about prosperity
and progress. The AU has an expanded mandate from that of the OAU. It includes the principles
contained in the OAU charter, as well as the goals entrenched in the Abuja Treaty on social and
economic development.
In addition, it reflects a greater openness and willingness to be mutually scrutinised and assisted in
areas such as human rights. The objectives of AU are as follows:
·
Achieving greater unity and solidarity among African countries and people of Africa
·
Defend the sovereignty, territorial integrity and independence of its member states
·
Accelerate the political and socio-economic integration of the continent
·
Promote and defending African common position on issues of interest to the continent and
its peoples.
·
Encourage international cooperation taking due account of the charter of the United Nations
and the Universal Declaration of Human Rights.
·
Promote democratic principles and institutions, popular participation, and good governance.
·
Promote and protect human and people’s rights in accordance with the African Charter on
Human and People’s Rights and other relevant human rights instruments.
·
Establish the necessary conditions which would enable the continent to play its rightful role in
the in the global economy and in international negotiations.
·
Promote sustainable development at the social and cultural levels, as well as the integration
of African economies.
·
Promote cooperation in all fields of human activity to raise the living standards of African
people.
·
Coordinate and harmonize the policies between the existing and future RECs for the gradual
attainment of the objectives of the Union.
·
Advance the development of the continent by promoting research in all fields, in particular in
science and technology
12
The official launch of African Union (AU) took place in Durban South African on 9th July 2002. For details, see Timothy Muriithi:
Contextualizing the debate on a Union Government of Africa: ISS Monograph Series No. 140, January 2008
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·
Work with relevant international partners in the eradication of preventable diseases and the
promotion of good health in the continent.
The objectives of the AU are different and more comprehensive than those of the OAU. The Union
has established various institutions which will enable it to realize its objectives. It is envisaged
that in achieving its objectives the AU would establish a Common Parliament, a Court of Justice, a
Central bank, and eventually a Common currency, like the European Union.
Through the Pan-African Parliament and African Court of Justice, it is hoped that the continent’s people
will have greater say in the running of the affairs of the continent, while the African Court of Justice
will promote respect for human rights by ensuring that violators of human rights and perpetrators of
war crimes like genocide are punished. Furthermore, it is expected that by establishing an African
Common Market, currency, and central bank, obstacles to the economic integration of the continent
will be dismantled, thus paving way for economic prosperity and higher living standards for the
poverty-ridden masses of Africa.
In addition, the AU has a Peace and Security Council. With this, it is expected that conflicts and
wars, which have ravaged the continent, will be minimized, if not eliminated. In contrast with the
OAU, the AU has the formal rights to intervene in the affairs of member states, especially in cases
of war crimes and genocide. Furthermore, a major difference between the OAU and the AU is the
new commitment to democracy and human rights, through the establishment of an African Standby
Force, an African Court of Justice, an African Economic Community, and the NEPAD Heads of State
Implementation Committee.
3.3
Challenges of Fulfilling the Objectives
The AU is seeking to promote a paradigm shift in continental affairs. One fundamental shift is
that the AU is endowed with the right to intervene in the internal affairs of its member states in
circumstance involving war crimes, crimes against humanity and genocide. The Act establishing
the OAU signed in Lome Togo, in 2000 also includes provision for promoting and ensuring the rule
of law, democratic governance and respect for human rights. Article 30 forbids the unconstitutional
change of government. The AU’s peace and security architecture includes innovative structure for
peace keeping, peacemaking and peace building such as the Peace and Security Council (PSC), the
African Standby Force (ASF), the Continental Early Warning Systems (CEWS) and the Panel of the
Wise. A number of these institutions are not yet fully operational. It is therefore difficult to evaluate
how they will meet the challenges of realizing the objectives of the AU at this stage.
In terms of governance and development, the AU has established the New Partnership for Africa’s
Development (NEPAD) Programme and its offshoot, the African Peer Review Mechanism (APRM).
The continental judicial framework is expressed in the form of the African Court of Justice and
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Human Rights. The AU Consultative Mechanisms also include the Pan African Parliament (PAP) and
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the Economic Social and Cultural Council (ECOSOCC). These institutions and mechanisms have
been established as the first step towards the creation of an infrastructure for a Union Government..
There is a strong case to be made for consolidating and strengthening the institutions of the AU
rather than launching into the creation of a Union Government for Africa now.
There is also no
question that there is still a long way to go before the AU’s vision and mission are created. It
can, therefore, be argued that a step-by-step approach which enables the AU project to develop
incrementally is a more realistic approach which stands the chance of success. Below is an outline
of how the process has evolved.
3.4
An African Union Government
The agenda to establish a Union Government for Africa was launched in 2005. The need to create
several ministerial portfolios for the AU was discussed during the 4th Ordinary Session of the Heads
of State and Government, held in Abuja, Nigeria on 30th and 31st January 2005.13 In November
2005 a Conference of experts was constituted and came up with four key conclusions, including
recognition that the necessity of creating an African Union government is not in doubt. Its creation
must come about incrementally. The Regional Economic Communities would become the building
blocks for the continent wide Union Government.
Based on the findings of this conference the Assembly mandated the AU Commission to prepare
a consolidated framework document defining the purpose of the Union government, its nature,
scope, core values, steps and processes as well as an indicative road map for its achievement.
The Assembly reaffirmed that ‘the ultimate goal of the African Union is full political and economic
integration leading to the United States of Africa. The Assembly established a committee chaired by
the then Nigerian President Olusegun Obasanjo then Chairperson of AU and composed of heads of
state of six other member countries namely Algeria, Kenya, Senegal, Gabon, Lesotho and Uganda.
In July 2006 President Obasanjo submitted a detailed report titled “A Study on an African Union
Government: Towards the United States of Africa” to the 7th Ordinary Session of the AU Assembly
of the Heads of Government in Banjul Gambia.
Some of the key issues that emerged from the
report highlighted the fact that Africa is over-dependent on the external world, particularly with
regard to expatriate technicians and technology. It also noted that Africa had not fully exploited its
potential at national, regional and continental level with respect to trade, education and health.
It
noted that a United Africa would have the unique potential of producing most types of food and
agricultural produce throughout the year and also that in the context of globalization the challenges
of overdependence and under-exploitation of its potentials have increased the marginalisation of
the continent in the world affairs. The study further outlined the sixteen strategic areas on which
an African Union Government should
focus:
continental integration, education, training, skills
development, science and technology, energy, environment, external relations, food, agriculture and
water resources, gender and youth, governance and human rights, health, industry and mineral
13
The agenda to establish a Union Government for Africa was launched in 2005 during the Ordinary session of the Assembly of Heads of
State and government, held in Abuja, Nigeria, on 30th and 31st January 2005.
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resources; finance; security, social affairs and solidarity, sports and culture, a trade and customs
union, infrastructure, information and technology and bio-technology.
The study noted that the ‘design and functioning of Union Government’ as a tool for integration
would have far-reaching implications on the existing institutions and programmes of the African
Union.
3.5
Opportunities and Constraints in the development of African Union
The African Union builds on a long history of attempts to promote African unity and a deep desire
across the continent for political, economic, and social unification. The popular demand for unity is
perhaps the strongest factor in support of the success of the AU. This is an asset that can be utilized
in support of unification.
While the enthusiasm for African Union persists there is equally a strong nationalistic trend that aims
to consolidate the nation state. It is therefore difficult to assess at this stage whether the Union
project would be able to overcome the challenges and the constraints it is bound to face in the years
ahead. Despite its many shortcomings, the OAU managed to preserve a common forum for African
governments and build a common platform for African interests. It met and functioned consistently
for over four decades, which in itself is a major achievement compared with other regional bodies.
The impulse for promoting unity is therefore deeply entrenched given the vulnerabilities of individual
nation states. There is therefore a real opportunity for building sustainable African wide governance
framework. This appears to be the motive which is driving the African Union project.
Its effective
realization however will have many challenges and constraints which are partly entrenched in the
history for the continent.
.
The constraints on a functioning and effective African Union are considerable. These constraints
present formidable challenges which the AU has to overcome if it is to effectively realize its objectives.
The constraints included among others the following:
·
The AU inherited the structure and capacity of the OAU, which was weak and chronically
burdened by financial deficit.
A number of unhelpful bureaucratic and political practices
developed and became entrenched in the OAU, which hindered the professionalism and
effectiveness of the organization. These practices create obstacles for the AU. The change
from OAU to AU is more than an expansion of mandate. It represents a change in organizational
structures and expectedly demands a change in the culture of governance in Africa.
·
Africa faces immense challenges in terms of peace, governance, development and human
resources. The problems that the AU confronts are intractable and complex and they are
defeating even in comparison to more powerful international players, including the UN. This
means that the AU must prioritize efficiently. Its mandate is immensely broad, but its capacity
for delivery is limited, and it must zero in on the highest priorities. By the same token, Africa’s
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international partners must set fewer and clear priorities that are truly based on the needs of
the African continent for development.
·
There has been a succession of treaty commitments to greater regional integration and
unification by African countries over the years.
Before the creation of the AU, the most
important of these was the 1991 Abuja Treaty, which created the African Economic Community
(AEC).14 While these commitments reflect the desire for unity, their failure to be realized also
raises a lot of the questions about intent and capacity. There is a danger of the AU becoming
yet another thicket of treaties and constitutional blueprints, with too little attention paid to
making the institutions actually work. The key to overcoming this problem is consistency.
It can take several years for a decision or reform to be actually implemented. During this
time, the attention of governments can easily be deflected by other emergent demands or
sets of commitments. It is preferable to continue to focus on a smaller number of existing
commitments that can be effectively implemented.
·
Governments are jealous of their sovereignty, and many have a private interest in a weak AU.
A strong and effective AU entails ceding national sovereignty, as well as the loss of immediate
and tangible benefits that accrue, to individuals in favour of possible long-term gains, which may
accrue to the wider society. Many African governments have a history of signing agreements
without a clear intent to abide by them. It might be the case that many states signed the
Constitutive Act of the AU through peer pressure, without clearly examining the implications
and the expectations that many of the provisions of the Constitutive Act would add later. In
many respects as it has been argued, most African governments are ‘status quo’ powers.
Relatively few are “reform powers” that see significant, immediate national advantage from
regional integration. A number of steps are necessary for this change, including economic
reforms that will bring tangible benefits from integration. Also critical is the popularization
of integration, so that voters are informed and supportive of the project, and understand the
measures necessary to make it work.
·
In many cases, regional integration and unification strengthen executives in important respects.
The executives are the ones that negotiate and implement intergovernmental treaties, which
they then refer to their legislatures for rectification.
This underlines the importance of
democratizing the integration process to expand participation in decision making. In addition,
it also throws up a challenge to African leaders to adopt a different style of governance as
they move from the national to the continental level.
It will be necessary to change from
overwhelmingly hierarchical and patrimonial forms of governance to one that is based on a
network model with task-related areas of specialization for a range of institutions.
14
African leaders adopted the Abuja treaty in 1991 and the Declaration on Union Government in 2007. For more details see Admore
Kambudzi. Portrayal of a “Towards a Union Government for Africa ISS Monograph Series. No. 140, January 2008.
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·
The status of the AU remains unclear in important respects: Is it supranational organization or
a multilateral organization or is it a combination of the two? A close scrutiny of the provisions
of the Constitute Act clearly indicates that the AU posses supranational powers. However,
governments have consistently asserted that it remains an association of sovereign states.
Ultimately, this will be decided politically, depending on the interests of member states and the
capacity of the AU to persuade them to cede sovereignty. But in order for such ambiguities to
be clarified properly, the member states of the AU (and especially their delegations to summit
conferences) will need to pay more serious attention to the provisions of the commitments
they are signing on to. Thus far, many debates at summit level have been rhetorical, with
insufficient attention paid to the real practical implications of what is being agreed to. One
fundamental problem here is the incapacity of the AU to enforce its rules and decisions, as
well as the cynicism with which many member states regard these rules and decisions.
·
Overlapping mandates of AU and regional economic communities (RECs) pose a number of
complications. The AU faces a complex landscape of sub regional organizations which are
multiple and have overlapping membership and confusing mandates. Some of Africa’s RECs
are weak. Others, such as the Economic Community of West African States (ECOWAS), are
more powerful and better funded than the AU itself and can rival the AU in certain areas of
operation. These have developed, and assumed power in part because of the historic inability
of OAU to perform multilateral tasks. The drafting of the Constitutive Act of the AU and the
subsequent creation of Peace and Security Council (PSC) were opportunities to rationalizing
the status of the RECs vis-a-vi the AU and creating formal mechanisms for interface. These
opportunities were not taken, and the tasks of rationalizing the RECs and harmonizing them
with the AU remain to be undertaken.
·
The AU’s vis-à-vis the UN is clear (it inherited the status of the OAU, which was created in
accordance with the provisions of the UN Charter, allowing regional organizations) but needs
to be clarified through practice and precedent. The AU does not possess the ultimate authority
of the United Nations. The principles of subsidiary in international organizations are recognized
but in some cases needs to be worked out in greater detail. This is relatively minor challenge
as the organizations have good working relations.
·
Scarcity of human resources has hampered the OAU and will hamper the AU. The AU is
understaffed and, like many such bureaucracies, suffers from incompetence.
As with many
multilateral organizations, sacking the corrupt or ineffective is extraordinarily difficult and runs
into political objections from member states whose interest often appears to be having their
person in place rather than making the organization work. Some of the commitments entered
into, for example insisting on gender parity among the commissioners are good in principle but
may be difficult to implement in practice.
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·
Shortage of financial resources remains a major obstacle. The AU inherited a deficit from the
OAU. It has no workable plan for raising the much increased levels of resources necessary
for it to function. The AU inherited a structure tendency in which many member states fail to
pay their dues.
Some of these states are incapable of paying (e.g. Somalia), but many more
are simply negligent. The continual financial crisis facing the AU not only gravely inhibits its
capacity to act effectively, but also renders it vulnerable to financial politics played by both
member states and external powers. In the case of member states, some (e.g. Libya) have
a track record of using their financial largesse to buy votes. External donors have funded
a number of the OAU/AU’s activities (e.g. its Conflict Management Centre), and while they
have not dictated OAU/AU policy, any organization that relies on external sources of funding is
always threatened with dependency syndrome.
Some of these constraints and challenges cannot be addressed and overcome at least for now. But
the AU should evolve and be consolidated in such a way that would minimize the challenges it faces.
The constraints are primarily political and arise from the general tendency of member states to prefer
the status quo. In this context, the status quo is marked by the incapacity for effective enforcement
of the rules laid down and decisions made by the organization. There is a strong tendency for African
governments to regard regional integration as an add-on, a supplementary activity to be undertaken
when the domestic agenda is taken care of.
The African Union will be developed through various institutions and mechanisms, and Commission,
the Peace and Security Council the human rights institutions, financial institutions, the Regional
Economic Communities (RECs) and NEPAD. It is important that these institutions and mechanisms
develop incrementally for the objectives of the Union to be realized.
It is difficult to assess the
performance of these institutions and programmes at this stage given that many of them are at
the nascent stage of development. The remaining part of the paper will highlight the importance of
these institutions and programmes and briefly comment on the challenges and constraints which
lie ahead of them in realizing the objectives of the Africa Union project.
It will also make some
proposals on the way forward for these institutions.
Popular participation and the involvement of civil society can be a driving force in favour of progressive
change and transformation. In significant respects, citizens and civil society are more energetic in
pursuit of regional integration than political leaders. Various aspects of this will be returned to, next.
3.6
The Executive Institutions
The executive institutions of the AU should provide continental leadership. A considerable burden of
expectation falls upon them. It is there that the qualities of the staff and efficiency and effectiveness
of the institutions will be most evident on a month-to-month basis.
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3.7
The Commission
The AU Commission is the central institution of the African Union. It is symbolic of the unification
of the continent and will need to play an important practical and political role. Its task is not merely
managing the status quo and containing conflict:
It must be creative and proactive in building a
new political dispensation for Africa. Hence, the AU Commission needs to be well managed and
adequately resourced. One vital area for examination is the nature of the leadership.
The African Union needs the best possible leadership. It needs talented and energetic women
and men to lead its institutions. They need to be capable managers and effective diplomats able to
motivate their staff and inspire the leaders of the member governments. The leadership needs to
set high moral standards and to be accountable to the people of Africa. The demand for high-quality
leadership in turn translates into a number of key questions.
The first question is, how should the president or chairperson of the AU Commission be chosen?
The current system is, in fact, not a system at all. It is designed for horse trading in such a way
that candidates who campaign have the best chance of success. The current unacknowledged
system of campaigning allows for the well backed and well-financed candidates to rise above the
competition without them having to formally declare their candidatures, publish their manifestos, or
subject their agenda, record, and character to public scrutiny. This kind of campaigning should be
banned, and those who try to buy votes should be prohibited from standing.
A better system would establish criteria for the successful candidate, establish a Search Committee,
examine the record of the leading candidates, and make recommendations to the AU. This should
be done in a public and transparent manner, so that the short-list of candidates’ names are known
and appropriately scrutinized. If there is to be a system based upon voting by member states, then
candidates’ names should be declared beforehand and there should be a formalized, continental
campaign for the position.
Should the president of the AU Commission be permitted to stand for more than one term? There
are advantages in continuity and stability with long incumbencies. The problem with a multi term
system is that it may encourage the incumbent to run the AU Commission with an eye for reelection, rather than for effectiveness. Probably the best option is to follow the emerging consensus
for the terms of office of heads of state, namely that they should be allowed no more than two
terms of 4 – 5 years each.
3.8
Peace and Security Council
The Peace and Security Council (PSC) is perhaps the most important executive organ of the AU.
Establishing peace and security in the continent is a pre-requisite for making any of the other
institutions function.
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The principle of sovereign equality, when applied to decision-making that concerns regional peace
and security, is based upon a minimal consensus among member states. But it also has drawbacks,
insofar as the AU architecture does not provide other counterbalancing mechanism that give greater
weight to larger states.
Objective criteria that recognize the primary role of Africa’s major states, as
well as the democratic and peace-promoting roles of certain others, are imperative.
The nature of multilateral security decision making is that either it reflects real power relations
(e.g. the veto of the five permanent members of the UN Security Council) or it is bypassed by the
dominant powers. The PSC, as it is currently constituted, is a compromise which in time is likely to
evolve into an effective reflection of where real power lies.
One difficulty arises because some of these major states have sub imperial ambitions (e.g., Egypt)
or threaten to dissolve into internal paralysis and conflict (e.g. Nigeria). Thus, criteria other than
size and power should be important determinants in participation in the PSC.
Important criteria
include participation in regional peacekeeping missions and a commitment to democracy and good
neighbourliness. Related to this is the need to clarify how the AU relates to the Regional Economic
Communities’ Peace and Security Issues.
3.9
Human Rights Institutions
The powers and capacities of the continental human rights institutions may turn out to be the
touchstone of the credibility of the AU project.
For a project of regional political unification to be
meaningful, there has to be a rule of law consistent with basic human rights. This means bringing
national legislation and practice into harmony with internationally accepted standards of human
rights. This will prove particularly significant because whereas sanctions like the enforcement of
PSC decisions will be taken by consensus against countries that are recognized as ‘rogue states’,
the decisions of human rights institutions can be handed down in opposition to the legislation and
actions of governments that are democratic, powerful, and part of the political mainstream.
The African Court on Human and Peoples’ Rights (ACHPR) will be a formal part of AU to complement
the African Commission on Human and Peoples’ Rights. The legitimacy and success of the ACHPR
will depend on its independence impartiality, and accessibility. Its jurisdiction will have to be carefully
but ambitiously defined. The spirit of the court and the expectations of the majority of the citizens
of African countries are that it will be an opportunity to enforce basic human rights across the
continent.
3.10 Financial Institutions
The AU financial institutions will include an African central bank and similar institutions. They are
far in the future and their possible establishment will be powerfully influenced by the NEPAD and
by the existing economic and financial institutions, such as the ECA and ADB. It will be premature
to discuss in detail their roles in this paper. Nevertheless their establishment will demonstrate the
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success in the economic integration of the region.
4.
Salvaging the Regional Economic Communities (RECs)
Africa has about 19 RECs. Their number is uncertain because it is not always clear what counts as a
REC. Some RECs are highly active (ECOWAS is the prime example). Some have been re-launched
after earlier running aground (e.g. the EAC). Some are kept afloat largely by international assistance
by the energy conferred by being the local point for an important internationally backed initiative (e.g.
the Inter-governmental Authority on Development (IGAD). Many countries are members of more
than one REC; some are members of three, four, or even five. Some RECs are moving toward greater
political and economic harmonization and integration, while others have no enforcement capacity
and are little more than opportunities for states to meet and pursue politics and diplomatic agendas.
If the African Union project is to succeed, the economic building blocks have to work effectively first.
It is therefore imperative that all necessary action is taken to overcome the challenges facing REC
and for them to emerge as viable building blocks of the African Union.
4.1
The AU’s Relationship with NEPAD
NEPAD is a program of the AU. It is a sovereign process run wholly by states. Insofar as there
is democratic participation and input, this arises through the democratic nature of the states
themselves, although in the future the PAP and ECOSOCC may play some roles. The peer review
mechanism is likely to be one of the main added values of NEPAD, which may also provide leverage
for civil society input.
Expectations around NEPAD have been very high, especially in South Africa. It has been presented
as a blueprint for continental development that would comprise a range of projects and programs
including infrastructure, education, health, etc. This is unlikely to be realized in totality. More realistic
are those elements of NEPAD that focus upon the mechanisms for policy formulation and new kinds
of development partnership including financing. The NEPAD institutions include the following:
·
NEPAD Secretariat. This is a technical body based in Pretoria, South Africa, which coordinates
NEPAD activities
and is responsible for drawing
up documents, convening meetings
communications, etc.
·
Steering Committee. This is composed of five countries (Algeria, Egypt, Nigeria, Senegal
and South Africa), each of which has responsibility for drawing up implementation plans for
different sectors of NEPAD’s activities.
·
Heads of State and Government Implementing Committee (HSIC). This is the key decisionmaking body, its powers delegated by the Assembly of Heads of State and Government.
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4.2
Implementing NEPAD
In practice, NEPAD is being implemented through national level poverty reduction strategy papers
(PRSPs), the principal mechanism for designing and implementing economic and social planning in aiddependent African countries. The PRSPs and a range of other frameworks, such as comprehensive
development frameworks preceded NEPAD. The PRSPs are envisaged as a means of integrating
the different sectors relevant to poverty reduction into a single plan of action that can conveniently
monitored, whose successful adoption and implementation will also facilitate accelerated debt relief
under the Highly Indebted Poor Countries (HIPC) initiative.
It can be argued that the influence of
major multilateral financial institutions, notably, the World Bank, is evident in this entire strategy.
5.
Conclusion
The success or failure of the AU project depends ultimately on decisions taken by national
governments. Those changes in the structure and policies of member governments are required.
An effective African Union will require substantial changes in the actions and processes of member
states, placing additional burdens upon them at the same time as lessening their discretionary
powers. Membership of the AU will entail sharing sovereignty in key areas of lawmaking, as well
as economic measures to lower tariffs and promote economic and financial convergence. There is
a pressing need for detailed studies about the additional requirements on member governments.
This would enable the project to develop in the right direction and pace, clearly informed by analysis
of the various Challenges and how to address them.
There is much to be done, most of it urgently. Some priority actions should have short term benefits,
notably the creation of an effective Peace and Security Council. This is particularly important in order
to minimize insecurity arising from conflicts and wars which have devastated the efforts to promote
development in many parts of the continent. Other immediate actions will have long-term benefits,
such as establishing working and democratic accountability institutions. These institutions will also
hold out the promise of pushing the fundamental reform of governance models that will be require
if the AU is to actually work.
But none of this will be possible unless the core executive institutions of the AU become professional
and effective. The AU Commission itself requires an exceptionally high standard of committed public
service. The chair of the AU must also be an effective, democratically-elected head of state, prepared
to invest in making the AU work.
As can be seen from fore going examination of the evaluation of the OAU and AU, creating an
effective African Union is a challenge that requires intellectual and political creativity, capacity, and
engagement with a wide range of stakeholders, including African citizens, the and civil society and
international partners.
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Nyerere Hall, MUCCoBS
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