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South
Africa's preparations for the African Union
Introduction
South
Africa will be hosting the first Summit of the African
Union (AU) from 1 to 11 July 2002 in Durban, the Summit
part commencing on 8 July and to be preceded by ministerial
and officials meetings. Apart from the significance
of hosting the inaugural Summit and playing host to
53 Heads of State and Government and their delegations,
South Africa will also become the first chair of the
AU in the person of President Thabo Mbeki. This is
a singular honour and responsibility especially against
the background of the role the President will play
in leading the process to finalise and establish the
remaining organs of the AU, lead the implementation
programme and in so doing lay the foundation for the
functioning of the Organisation.
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Transition from the OAU
to the AU
In
general, the AU objectives are different and more
comprehensive than those of the OAU. The OAU has served
its mission and was due for replacement by a structure
geared towards addressing the current needs of the
continent, in particular regarding social and economic
development. In addition, a structure is needed that
will be able to deal effectively with the political
challenges of peace, stability and security issues.
The AU has come at the ideal time as the perfect instrument
for implementing NEPAD and bringing about an age of
prosperity and progress.
The
AU has a vastly expanded mandate from that of the
OAU. It includes the principles contained in the Charter
of the OAU, as well as the goals entrenched in the
Abuja Treaty regarding 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. Added to this is the need to establish
a structure that can deliver on the expanded mandate.
The
roots of the AU are already demonstrating a departure
from the old: wide and broad participation is encouraged;
RECs' participation and the crucial role they will
play as implementing mechanisms for the programmes
of the AU is being emphasised; RECs, in particular
SADC, are playing a much stronger role in the development
and operationalisation of the AU, than it has ever
done in the case of the OAU; there has been agreement
regarding the right to intervene in member states
under specific circumstances; and the creation of
the Permanent Representatives Committee (PRC) allows
for an interactivity not previously experienced.
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Processes to effect the transition
In
preparing for the inaugural Summit of the AU, processes
to be engaged with were identified at national, regional
and continental level.
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At
national level, member states had to prepare positions
on the immediate objective to put in place the core
structures of the AU, the Assembly of the Heads
of State and Government of the AU, the Executive
Council of Ministers, the Permanent Representatives
Committee of Ambassadors, and the Commission that
will be providing the secretariat services of the
AU. These institutions were identified as the most
basic requirements for the launching of the African
Union. Negotiations on these core organs are largely
completed. Progress has also been made on the restructuring
of the Central Organ of the Mechanism for Conflict
Prevention and Management.
Member
states are also considering which of the organs,
apart from the core organs and the Central Organ,
of the AU it would like to host, and the issue
of the staffing of the Commission is under consideration
South
Africa as host country is engaged in the logistical
preparations for the launch of the AU. This includes
issues such as the identification of a theme for
the Summit, the programmes we would like to pursue
as chair of the AU, as well as issues which we
would like to see concluded during our term as
chair.
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The
regional process in Southern Africa consisted of
a series of SADC meetings during which SADC developed
positions regarding the Rules of Procedures for
the core organs. The process culminated in the SADC
Extraordinary Council of Ministers Meeting in Blantyre
in January 2002.
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The
continental process is aimed at concluding the Rules
of Procedures on the core organs. A series of meetings
took place of which the last was a Council of Ministers
Meeting from 9 to 15 March 2002 in Addis Ababa,
as well as a meeting on the Central Organ which
took place from 19 to 22 March 2002 at Fancourt.
The Council of Ministers Meeting approved the Rules
of Procedure for the core organs.
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Theme of the Summit
South
Africa's deliberations on the theme for the Summit
are taking into account the objectives of the African
Union, as embodied in the Constitutive Act. The objectives
of the Union are to:
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Achieve
greater unity and solidarity between the African
countries and the peoples of Africa;
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Defend the sovereignty, territorial integrity and
independence of its Member States;
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Accelerate the political and socio-economic integration
of the continent;
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Promote and defend African common positions on issues
of interest to the continent and its peoples;
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Encourage international cooperation, taking due
account of the Charter of the United Nations and
the Universal Declaration of Human Rights;
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Promote peace, security, and stability on the continent;
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Promote democratic principles and institutions,
popular participation and good governance;
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Promote and protect human and peoples' rights in
accordance with the African Charter on Human and
Peoples' Rights and other relevant human rights
instruments;
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Establish the necessary conditions which enable
the continent to play its rightful role in the global
economy and in international negotiations;
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Promote sustainable development at the economic,
social and cultural levels as well as the integration
of African economies;
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Promote cooperation in all fields of human activity
to raise the living standards of African peoples;
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Coordinate and harmonize policies between existing
and future Regional Economic Communities for the
gradual attainment of the objectives of the Union;
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Advance the development of the continent by promoting
research in all fields, in particular in science
and technology;
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Agenda for the Summit
As
host of the Summit, South Africa may suggest specific
agenda items. South Africa would like to see a clear
distinction between the different categories, namely
political which will include conflict prevention,
management and resolution, social development and
economic development.
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Programme of the AU during
its first year
The
programme of the AU during its first year, will to
a great extent be dominated by administrative/procedural/legal
matters, which are all aimed at establishing the full
scope of AU institutions, and winding down the affairs
of the OAU. As first chair of the African Union, South
Africa will also have the unique opportunity to set
the tone for other programmes which the AU may be
engaged in. In keeping with the decisions of the Lusaka
Summit in 2001, South Africa intends to focus on programmes
identified and prioritised under NEPAD, which will
be the programme of the AU.
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Commission programme
As
part of the administrative/procedural/legal programme,
the finalisation of work towards operationalising
the AU and its new organs are a priority. This includes:
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The
development of the Rules of Procedure on the Pan
African Parliament, the Court of Justice, the Economic,
Social and Cultural Council (ECOSOCC);
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The
review of OAU Agreements, Treaties, Protocols and
their relevance under the AU;
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The
operationalisation of the relationship between the
RECs and the AU;
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The
review of the Scale of Assessment of the AU as a
source of funding for the programmes and projects
of the AU and the Central Organ's successor institutions;
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The
review of the African Charter on Human and Peoples'
Rights;
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The
finalisation and adoption of criteria for the hosting
of AU Institutions
All
of the above mentioned items, except for the last,
are already the subjects of OAU decisions, however,
there is a need to oversee and ensure the implementation
of the decisions.
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Civil Society participation
Civil
Society will be encouraged to participate in specific
programmes or Seminars, in particular in the development
of Rules of Procedure of the ECOSOCC, which is the
institution of the AU through which Civil Society
participation will be encouraged and through which
Civil Society will be able to give inputs to the AU.
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Outreach Programme
The
Outreach Programme is aimed at popularising the AU
and NEPAD within Parliament, provincial and local
government structures, traditional leaders, the business
community, research and academic institutions, the
media and the diplomatic corps represented in South
Africa. The programme represents cooperation between
the Africa Institute and DFA through the Renaissance
South Africa Outreach Programme Unit at the Africa
Institute (established in August 2001) and participants
of the Outreach Programme include representatives
from the Presidency, Foreign Affairs, GCIS and the
South African Chapter of the African Renaissance (SACAR).
The
programme is aimed at certain events and dates that
can be targeted to reach as wide an audience as possible.
Opportunities presented by activities planned for
Human Rights Day (21 March 2002), Freedom Day (27
April 2002), Workers Day (1 May 2002), Africa Day
(25 May 2002), Youth Day (16 June 2002) and National
Women's Day (9 August 2002) must be utilised to do
a combined popularisation of the AU and NEPAD, instead
of separately addressing the two.
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Conflict prevention and progress
on the Central Organ
A
process was started by the OAU through which the Central
Organ of the Mechanism for Conflict Prevention, Management
and Resolution was analysed and weaknesses highlighted.
Subsequently, and based on this analysis, a brainstorming
session took place between the Ambassadors of the
Central Organ and the NEPAD Implementation Committee
from 18 to 22 March 2002, at Fancourt, George, South
Africa.
A
number of suggestions emanated from the meeting which
will probably be taken forward. The new mechanism
will be called "Peace and Security Council"
and its mandate will be expanded to include the right
of the AU to intervene in member states in respect
of grave circumstances, war crimes, genocide and crimes
against humanity. It may also respond to requests
by member states to intervene in restoring peace and
security and its primary function will be peace-building
and post-conflict reconstruction.
This
means that it will be the vehicle through which South
Africa could continue to concentrate on the areas
in which it is already involved, e.g. the DRC, Angola,
Lesotho, Burundi, Comores and Zimbabwe.
In
addition to the current situations, the Peace and
Security Council will have to build on its anticipation,
prevention and early warning capabilities by putting
in place effective early warning mechanisms and building
on existing ones in RECs. There is also need for an
early warning module to analyse developments on the
continent.
Membership
issues will include the question of whether the Peace
and Security Council should have permanent members.
If it should, the membership could be withdrawn under
certain circumstances and they may not have veto powers.
Even ordinary membership should probably be limited
to 15 states, based on carefully determined criteria,
and limited membership of about two-years. These issues
will be contentious and it can be expected that the
debate will be intense.
The
need for ready contingents stationed in member states
will also have to be clearly defined, as well as the
need for a fund which could be used for their rapid
deployment.
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Status of the Rules of Procedure
of the Core Organs of the AU
The
Rules of Procedures for the four core organs has been
mostly concluded. The contentious areas in earlier
meetings were largely resolved. On the issue of geographical
representation concerns was raised about compromising
quality appointments to the Commission. Consensus
was therefore reached that the appointment of Commissioners
will be based solely on merit, but with consideration
given to geographical rotation. The Chair and the
Deputy Chair will also be appointed solely on merit.
Agreement
was reached that the number of Commissioners, who
will be responsible for programme implementation,
will be based on the identified portfolios:
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Conflict
Prevention, Management and Resolution;
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Human
Rights, Democracy, Good Governance, Electoral Institutions,
Civil Society Organisations, Humanitarian Affairs
and Refugees;
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Energy,
Transport, Communication, Infrastructure and Tourism;
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Health,
Population, Migration, Labour, Social Affairs and
Culture;
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Education,
Youth, Human Resources, Science and Technology;
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Trade,
Industry, Customs and Immigration Matters;
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Rural
Economy, Agriculture, Environment and Natural Resources;
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Economic,
Monetary and Financial Policies of the AU, Private
Sector, Investment and Resource Mobilisation
The
Assembly will appoint the Chairperson and his/her
Deputy as well as all the Commissioners and it may
be called to Emergency Sessions under specific circumstances
and with the necessary written approval. A decision
has also been taken to categorise decisions, with
more clarity given regarding the different categories
and the sanctions imposed for non-implementation of
each category.
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International Response to
the AU
The
creation of the AU has been observed with interest
and the AU increasingly finds itself a topic on agendas
for Africa/EU co-operation, China/Africa co-operation,
as well as bi-national discussions. The interest could
be harnessed to promote the programmes of the AU which
will be based on NEPAD. In general the international
response has been positive, and a "wait-and-see"
approach seems to have been adopted.
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Outstanding Issues and Challenges
The
hosting of institutions of the AU will need to receive
early consideration, including the adoption of criteria
which will determine the most viable candidates.
The
Specific functions of the Specialised Technical Committees
(STCs) will have to be defined, since the specific
functions will determine the face of the AU and whether
the STCs will be mechanisms able to implement NEPAD
inspired programmes.
It
is imperative that the relationship between the AU
and Regional Economic Communities (RECs), and that
between the RECs themselves, needs to be spelled out
in a legal instrument, which could be along the lines
of the current Protocol between the AEC and the RECs.
The
OAU Summit in Lusaka adopted a resolution reaffirming
the status of the Regional Economic Communities (RECs)
as the building blocks of the AU and the need for
their close involvement in the formulation and implementation
of all programmes of the AU. The Assembly further
called on the policy organs of the RECs to initiate
a reflection of the relationship between the AU and
the respective RECs, including the adoption of appropriate
decisions on the most effective modalities for actualising
this relationship.
Source: Department of Foreign Affairs, Republic
of South Africa, May 2002
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