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Transition
from the OAU to the African Union
Background
The
highlight of the 2000 OAU/AEC Assembly of Heads of
State and Government in Lomé, Togo was the
adoption of the Constitutive Act of the African
Union, in terms of the Sirte Declaration
of 9 September 1999.
Following
this event, a decision declaring the establishment
of the African Union, based on the unanimous will
of Member States was adopted by the 5th Extraordinary
OAU/AEC Summit held in Sirte, Libya from 1 to 2 March
2001. In the decision, Heads of State and Government
specified that the legal requirements for the Union
would have been completed upon the deposit of the
36th instrument of ratification of the Constitutive
Act of the African Union.
South
Africa deposited its instrument of ratification of
the Constitutive Act of the African Union on
23 April 2001 with the OAU General Secretariat and
became the 35th Member State to do so. South Africa's
ratification as one of these 36 member states means
that it is a founding member of the African Union.
On 26 April 2001 Nigeria became the 36th Member State
to deposit its instrument of ratification. This concluded
the two-thirds requirement and the Act entered into
force on the 26th of May 2001.
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Historical
overview
The
OAU was established on 25 May 1963 in Addis Ababa,
on signature of the OAU Charter by representatives
of 32 governments. A further 21 states have joined
gradually over the years, with South Africa becoming
the 53rd member in 1994. It had become evident and
accepted as early as 1979, when the Committee on the
Review of the Charter was established that a need
existed to amend the OAU Charter in order to streamline
the Organisation to gear it more accurately for the
challenges of a changing world. Despite numerous meetings
the Charter Review Committee did not manage to formulate
substantive amendments. The result of this was threefold:
- The
Charter was "amended" by being augmented
through ad hoc decisions of Summit such as the Cairo
Declaration Establishing the Mechanism for Conflict
Prevention, Management and Resolution, etc;
- A
growing realisation that the need for greater efficiency
and effectivity of the Organisation required urgent
action; and
- The
need to integrate the political activities of the
OAU with the economic and developmental issues as
articulated in the Abuja Treaty.
Since
the entry into force of the Abuja Treaty establishing
the African Economic Community, the OAU has been operating
on the basis of two legal instruments. The Abuja
Treaty came into force after the requisite numbers
of ratification in May 1994. It provided for the African
Economic Community to be set up through a gradual
process, which would be achieved by coordination,
harmonisation and progressive integration of the activities
of existing and future regional economic Since the
entry into force of the Abuja Treaty establishing
the African Economic Community, the OAU has been operating
on the basis of two legal instruments
Extraordinary
Summit in Sirte, 9 Sept 1999
It
was by acclamation that the Assembly of Heads of State
and Government in July 1999 in Algiers accepted an
invitation from Colonel Muhammar Ghadafi to the 4th
Extraordinary Summit in September in Sirte. The purpose
of the Extraordinary Summit was to amend the OAU Charter
to increase the efficiency and effectiveness of the
OAU. The theme of the Sirte Summit was 'Strengthening
OAU capacity to enable it to meet the challenges of
the new millennium'. This Summit concluded on
9 September 1999 with the Sirte Declaration
aimed at:
- Effectively
addressing the new social, political and economic
realities in Africa and the world;
- Fulfilling
the peoples' aspirations for greater unity in conforming
with the objectives of the OAU Charter and the Treaty
Establishing the African Economic Community;
- Revitalising
the Continental Organisation to play a more active
role in addressing the needs of the people;
- Eliminating
the scourge of conflicts;
- Meeting
global challenges; and
- Harnessing
the human and natural resources of the continent
to improve living conditions.
To
achieve these aims Summit, inter alia, decided to:
'Establish
an African Union in conformity with the ultimate
objectives of the Charter of our Continental Organisation
and the provisions of the Treaty establishing the
African Economic Community.
Accelerate
the process of implementing the Treaty establishing
the African Economic Community, in particular:
- Shorten
the implementation periods of the Abuja Treaty,
- Ensure
the speedy establishment of all the institutions
provided for in the Abuja Treaty; such
as the African Central Bank, the African Monetary
Union, the African Court of Justice and in particular,
the Pan-African Parliament.
- Strengthening
and consolidating the RECs as the pillars for
achieving the objectives of the African Economic
Community and realising the envisaged Union.
- Convene
an African Ministerial Conference on Security,
Stability, Development and Cooperation in the
Continent, as soon as possible'.
Objectives
of the AU
In
general, the African Union 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.
The
aims of the OAU are:
- To
promote the unity and solidarity of African States;
- To
coordinate and intensify their cooperation and efforts
to achieve a better life for the peoples of Africa;
- To
defend their sovereignty, territorial integrity
and independence;
- To
eradicate all forms of colonialism from Africa;
and
- To
promote international cooperation.
Comparatively,
the objectives of the African Union, as contained
in the Constitutive Act, are to:
- Achieve
greater unity and solidarity between the African
countries and the peoples 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 defend African common positions 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
peace, security, and stability on the continent;
- Promote
democratic principles and institutions, popular
participation and good governance;
- Promote
and protect human peoples' rights in accordance
with the African Charter on Human and Peoples'
Rights and other relevant human rights instruments;
- Establish
the necessary conditions which enable the continent
to play its rightful role in the global economy
and in international negotiations;
- Promote
sustainable development at the economic, 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 peoples;
- Coordinate
and harmonise the policies between the existing
and future Regional Economic Communities 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;
and
- Work
with relevant international partners in the eradication
of preventable diseases and the promotion of good
health on the continent.
OAU/AEC
Summit, Lusaka 2001
The
main objective of the Lusaka Summit was to look at
the implementation of the African Union.
The
Secretary General was mandated to work out the modalities
and guidelines for the launching of the organs of
the Union, including the preparation of the Draft
Rules of Procedure of such organs and to also ensure
the effective exercising of authority and discharging
of their responsibilities. The priority organs are
the Assembly, the Executive Council, the Commission
and the Permanent Representative Committee. Rules
of Procedure for all these organs will have to be
developed prior to the First Summit of the African
Union in July 2002 (the Pan-African Parliament will
develop its own Rules of Procedures).
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Decisions
of the Lusaka Summit re implementation
- The
Secretary-General was mandated to, in consultation
with Member States, work with Member States through
their Permanent Representatives and Experts. A Representative
Committee of Ministers will be established for this
purpose, which will oversee the process and present
its proposals and recommendations to the Council.
- The
Secretary-General was mandated to, in consultation
with Member States, submit proposals regarding the
Structure, Functions and Powers of the Commission.
- It
is the responsibility of each Member State to popularise
the African Union and should in doing so, also involve
citizens.
- NGOs,
Professional Associations and Civil Society Organisations
should be involved in the formulation and implementation
of the Economic, Social and Cultural Council (ECOSOCC)
Programmes. Proposals and recommendations on Structure,
Function, Area of Competence and relationships should
be submitted to the next Council of Ministers meeting.
Recommendations should also include the Procedure
and Criteria in selecting members of ECOSOCC as
well as the Rules of Procedure.
- The
ECOSOC (Economic and Social Council) as provided
for in the Abuja Treaty ceases to exist at the end
of the transition period.
- The
Mechanism for Conflict Prevention, Management and
Resolution (Central Organ) must be incorporated
into the Union as an organ and the Secretary-General
should undertake a review of its structure, procedure
and working methods, including a possible change
of name.
- The
Secretary General should consult the Regional
Economic Communities (RECs), and RECs should
be involved in the formulation and implementation
of all Programmes of the Union. The Protocol
establishing the relations between the AEC and
REC should be amended or a new Protocol be prepared.
Summit also called upon the policy organs of
the RECs to initiate a reflection of their relationships
with the Union.
- The
Secretary-General should undertake a review
of existing OAU Specialised Agencies and make
recommendations on possible incorporation as
Specialised Agencies of the African Union.
- The
Secretary General should prepare and submit
a report on all aspects of the functioning of
the Specialised Technical Committees.
- 25
May will remain a commemoration day and an official
public holiday of the African Union, while 2
March will be recognised as a Union Day (see
paragraph 4.11 above).
- The
transitional period will be one year following
the adoption of this Decision (Decision AHG/Dec.
1 (XXXVIII)), that is from 11 July 2001 to 10
July 2002.
- The
Secretary General should continue using the
OAU symbols, i.e. Logo, Flag and Anthem until
such time that new symbols are decided upon.
The processes to decide on the new symbols should
involve citizens and competitions.
- The
Secretary General should take the necessary
measures for the devolution of Assets and Liabilities
of the OAU to the Union. The Secretary General
should review and seek where necessary, amendment
of the OAU Agreements with the Parties, including
Headquarters and Host Agreements.
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Design
of the African Union
Of
crucial importance in the establishment of the organs
of the Union is the challenge to move away from the
overly state-centric character of the OAU and its
concomitant lack of civil participation. The cooperation
of African NGOs, civil societies, labour unions, business
organisations are essential in the process of cooperation
and implementation of the Abuja Treaty, as
was expressed in the Ouagadougou Declaration
and provided for in the Sirte Declaration.
During
the Lusaka Summit several references were made to
the African Union being loosely based on the European
Union model, in which respect it was said that Africa
'should not re-invent the wheel'. However, it was
agreed that the African Union should be something
new, with the emphasis on being an African experience.
Whereas
the OAU was in principle a political organisation
that also discussed matters of economic and social
concern, the African Union should be an organisation
aimed at economic integration and social development,
which should lead to political unity.
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Organs
of the African Union
Assembly
The
Constitutive Act is very specific about the functions
and powers of the Assembly as the supreme organ of
the AU comprising of Heads of State and Government.
South Africa has participated in the development of
the Rules of Procedure for the Assembly, and the same
process has taken place at SADC level.
Executive
Council
The
Executive Council is a meeting of Ministers of Foreign
Affairs or other Ministers charged with the responsibility
of dealing with the AU. The issues discussed by the
Executive Council will have to feed into the Assembly.
Permanent
Representatives Committee
The
Permanent Representative Committee is composed of
Permanent Representatives and other Plenipotentiaries
to the Union. This structure was not formally recognised
under the OAU, even though the Ambassadors do meet
on an ongoing basis. The PRC, amongst other things,
will work closely with the Commission; be involved
in the process of nomination and appointment of Commissioners;
look into the selection and appointment of consultants
and follow-up on the implementation of Summit decisions.
The work of the PRC will feed into the Executive Council.
Commission
The
Commission will be based at the Headquarters of the
AU and will be headed by the Chairperson of the AU.
The Chairperson will be assisted by a Deputy Chairperson
and Commissioners, as well as other members of staff.
Specialised
Technical Committees
There
will also be Specialised Technical Committees (STCs)
established within the Secretariat and headed by Commissioners.
The STCs will deal with issues such as Rural Economy
and Agricultural Matters, Monetary and Financial Affairs,
Trade, Customs and Immigration Matters, Science, Technology,
Transport, Communications, Education, Culture, amongst
other things.
Pan-African
Parliament (PAP)
The
Protocol establishing the Pan African Parliament was
adopted in 2000 during the OAU Summit in Lomè,
Togo. The Protocol is now open for signature and ratification.
So far 21 member states have signed and three have
ratified. Article 22 of the PAP protocol provides
for the Protocol to enter into force after deposit
of the instruments of ratification by a simple majority
of the member states.
Though
the Constitutive Act of the African Union does not
elaborate on the functions and powers of the Pan African
Parliament, the Protocol provides that, for the first
five years of the Parliament's existence, it will
have advisory and consultative powers only.
Economic,
Social and Cultural Council (ECOSOCC)
The
Lusaka OAU Summit requested the Secretary General
to submit to the 76th Ordinary Session of Council,
i.e. July 2002, a report on ECOSOCC with recommendations
on structure, areas of competence, criteria for selecting
members of ECOSOCC, relationship between ECOSOCC and
African regional NGOs and professional groups, ECOSOCC's
Rules of Procedure and its work programme. This is
one organ of the AU that will provide for civil society
participation. The Lusaka Summit decision on ECOSOCC
directs that member states will have to decide on
the structure, functioning, areas of competence selection
criteria, Rules of Procedure and work programme of
the ECOSOCC.
Court
of Justice
The
Constitutive Act of the AU provides for the establishment
of the Court of Justice and for a Protocol on its
statute, composition and functions. It is still unclear
what the exact functions and powers of the Court will
be, and whether it will have jurisdiction over states
or nationals. The functions and powers of the Court
will be elaborated upon in a Protocol, which will
clarify what the impact on domestic legislation will
be.
Financial
Institutions
Article
19 of the Act provides for the establishment of financial
institutions whose rules and regulations shall be
defined in protocols relating thereto. The implications
of hosting these organs will only become apparent
once the relevant protocols have been concluded. The
institutions are:
- The
African Bank
- The
African Monetary Fund
- African
Investment Bank
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Challenges
It
is of critical importance that member States are active
in the design and implementation of the African Union.
In this way it will foster a sense of ownership and
Member States will be able to address those aspects
of the day-to-day functioning of the organisation
which will streamline the implementation of decisions.
Source:
Department of Foreign Affairs, Republic of South Africa,
May 2002
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