AUDIT
OF THE AFRICAN UNION
Original: English
Chairperson
Professor Adebayo Adedeji, CFR (Former United Nations Under- Secretary General and Executive Secretary of UNECA) (Nigeria)
Members
Ambassador Nana Effah-Apenteng (Ghana)
Dr. Frene Ginwala (South Africa)
Ambassador Vijay S. Makhan (Mauritius)
Dr. Makha Dado Sarr (Senegal)
Dr. Fatima Zohra Karadja (Algeria)
Professor Abdalla Bujra (Kenya)
Mr. Farhat Bengdara (Libya)
Madame Julienne Ondziel-Gnelenga (Congo)
Honourable Netumbo Nandi-Ndaitwah (Namibia)
Mr. Akere Tabeng Muna (Cameroon)
Dr. Hakim Ben Hammouda (UNECA)
Professor Adebayo Olukoshi (CODESRIA)
Resource-persons
Ms Laura Nyirinkindi (Uganda)
Mr Irungu Houghton (Kenya)
Dr Simon N'guiamba (Cameroon)
Dr Eddy Maloka (South Africa)
Dr Chaloka Beyani (Zambia)
Ambassador Layi-Kayode Iyanda (Nigeria)
FOREWORD
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The setting up of an independent High Level Panel of the Audit of the African Union by the Assembly of the Heads of State and Government of the African Union to undertake an audit review of the state of the union is a most historic initiative. It demonstrates the vision, courage and foresight of African leaders. Its wide and comprehensive terms of reference are symptomatic of the psychological paradigm shift that has occurred insofar as achieving the political and socio-economic unification of Africa is concerned. The desire to accelerate and fast track the process has become real and urgent. By taking this historic step to undertake a systematic examination and self-assessment of the performance of the African Union, African leaders have reasserted their collective self-reliance and have, once again, concretised the claim of Africa to own the twenty-first century.
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The Panel very much appreciates that it has been called upon to be part of this historic development. In order to convince the sceptics that there is indeed a determination for Africa to own the twenty-first century, the recommendations that have emerged from this historic audit are intended to revamp the Organs and Institutions of the Union so as to foster African unity and fast-track the political and economic process. The Panel, therefore, urges that they must be implemented fully and without delay. The Panel has been left in no doubt that this is indeed the intention of the Union Assembly. In this connection, the Panel sincerely hopes that its recommendation that the audit should from now on be undertaken every five years will be endorsed by the Assembly and implemented so that in 2012 another audit review will take place. By internalising periodic audit reviews, African leaders will show beyond doubt their conviction that the deliverance of Africa will not come from outside the continent but from within.
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The idea that somehow Africa’s deliverance from political fragmentation, socio-economic underdevelopment, poverty and disease, etc, will come from outside the continent has become so ingrained in official and public discourse that the decision that this audit review should be undertaken has come as a surprise to many, in and outside Africa. However, it has been widely welcomed by millions of the peoples of Africa because it portends a great future and a greater tomorrow. What remains now, in order that the sceptics and the cynics can be silenced permanently, is to embark immediately on the implementation of the recommendations.
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The Panel strongly urges that the implementation should also be inclusive and engage all the actors at all levels -continental, regional and national. By so doing, the ownership of the process would remain African.
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Finally, it is encouraging to note that, as stated in the Accra Declaration, there is a consensus that the ultimate objective of the African Union is the establishment of a Union Government. To assist in the monitoring of the progress in the march towards unification, benchmarks have been provided. They will serve as both a radar of hope and the barometer of progress.
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Without doubt, the transformation process needs to be accelerated most urgently, and this will not happen by chance. To join the rich world and do away with the toga of dependency, political, structural and economic transformation must take place. There must be a de-construction of the inherited political and economic architecture to make way for the constitution of a new indigenous socio-economic order based on the three pillars of the democratisation of the political and development process, national and continental collective self-reliance and the restitution of an African indigenous social democratic order. Without this, the promotion of African solidarity and acceptance of the oneness of the African humanity will be impossible to achieve. If the African Union that we seek is to become a reality, it must be a union of the peoples of Africa and not just a union of African States and Governments.
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Once again, my colleagues and I feel greatly honoured that we have been called upon to undertake this historic audit review and would like to place on record our sincere appreciation for the cooperation that we have received from the Chairperson of the Commission and all his colleagues and members of the staff. We are also grateful for the cooperation of all the Organs and the persons we have interacted with. Above all, we express, through the Chairperson of the Assembly, H.E John Agyekum Kufuor, President of the Republic of Ghana, our sincere appreciation to the Assembly for the confidence and trust placed in us.
Long Live Africa!
TABLE OF CONTENTS
THE HIGH LEVEL PANEL 2
FOREWORD 3
TERMS OF REFERENCE FOR THE AUDIT 7
ABBREVIATIONS AND ACRONYMS 11
EXECUTIVE SUMMARY 13
CHAPTER ONE: LOOKING BACK TO LOOK FORWARD-THE GRAND DEBATE ON THE UNIFICATION OF AFRICA 19
The Roots, Trajectories and Travails of Unity in the African World 19
Africa’s Resurgence for Freedom, Dignity and Unity 21
The March Towards the Creation of the OAU 22
The Performance Record of the OAU 23
Advancing African Unity Beyond the OAU in a Post-Cold War Global Era 24
The Birth of the AU 26
Defining Moments in Africa’s Long Quest for Unity and Integration 28
Africa at the Crossroads 31
CHAPTER TWO: ORGANISATION OF WORK AND METHODOLOGY OF THE AUDIT REVIEW 33
Organisation of Work 33
Methodology 34
chapter three: the constitutive Act: an instrument for the establishment of a united africa? 37
Contemporary Globalisation: Challenges and Opportunities for African Unity 39
CHAPTER FOUR: ASSESSMENT OF THE ORGANS OF THE UNION-THE ASSEMBLY, THE EXECUTIVE COUNCIL, THE SPECIALISED TECHNICAL COMMITTEES AND THE PERMANENT REPRESENTATIVES COMMITTEE 42
THE ASSEMBLY 42
The Mandate 42
Execution of Statutory Functions and Audit findings 43
Recommendations 48
THE EXECUTIVE COUNCIL 49
The Mandate 49
Execution of Statutory Functions and Audit Findings 50
Recommendation 53
THE PERMANENT REPRESENTATIVES COMMITTEE 54
The Mandate 54
Execution of Statutory Functions and Audit Findings 54
Recommendations 56
THE SPECIALISED TECHNICAL COMMITTEES 57
The Mandate 57
Execution of Statutory Functions and Audit Findings 57
Recommendation 59
CHAPTER FIVE: ASSESSMENT OF THE ORGANS OF THE UNION 60
THE COMMISSION 60
The Mandate 60
Execution of Statutory Functions and Audit Findings 62
Recommendations 64
Overview of Management in the Commission 65
Recommendations 67
Recommendations 71
Representation of Women and Gender Parity in the Staffing of the Commission 72
Recommendations 73
Official and Working Languages of the Commission 74
Recommendations 75
The Relationship with the Office of the Chairperson of the Assembly of the African Union 75
Recommendations 75
The Relationship with the Permanent Representatives Committee 75
Recommendations 77
Technical and Representational Offices and Specialised Agencies 78
Recommendations 80
Implementation of the Strategic Plan (2004-2007) 80
Recommendations 83
Impact of the Commission on the Policies, Resource Allocation and Regulatory Frameworks of Member States 83
Recommendations 85
Outreach of the Commission 86
Recommendations 90
Impact of the Commission on Africa’s Global Visibility and Assertiveness 92
Recommendations 94
CHAPTER SIX: ASSESSMENT OF THE ORGANS OF THE UNION: THE PAN-AFRICAN PARLIAMENT, THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS, THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS, AND THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL 95
THE PAN-AFRICAN PARLIAMENT (PAP) 95
The Mandate 95
Execution of Statutory Functions and Audit Findings 95
Recommendations 98
JUDICIAL ORGANS OF THE AFRICAN UNION 98
A: THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 99
The Mandate 99
Execution of Statutory Functions and Audit Findings 100
B: THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS 102
The Mandate 102
Execution of Statutory Functions and Audit Findings 103
Recommendations 104
THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL (ECOSOCC) 105
The Mandate 105
Execution of Statutory Functions and Audit Findings 106
Recommendations 109
CHAPTER SEVEN: ASSESSMENT OF THE PEACE AND SECURITY COUNCIL 111
Execution of Statutory Functions and Audit Findings 113
Conclusion 122
CHAPTER EIGHT: THE AFRICAN UNION AND ITS RELATIONSHIPS WITH THE UNITED NATIONS ECONOMIC COMMISSION FOR AFRICA AND THE AFRICAN DEVELOPMENT BANK 124
Trilateral Cooperation: The Mandate 124
Bilateral Cooperation: The Mandate 125
Recommendations 126
CHAPTER NINE: THE AFRICAN UNION AND ITS RELATIONSHIPS WITH THE REGIONAL ECONOMIC COMMUNITIES 128
The Mandate 128
Historical Background 128
The 1998 Protocol on Relations between the AEC and the RECs 130
Overview of the existing RECs 132
Structures and Functions of the RECs 138
Assessment of Structures 141
Assessment of the Activities of the RECs 142
Assessment of the Progress Towards Harmonisation and Rationalisation 143
Institutional Relations between the AU and the RECs 149
Recommendations 153
CHAPTER TEN: THE NEW PARTNERSHIP FOR AFRICA’S DEVELOPMENT 154
The Mandate 155
Execution of Statutory Functions and Audit Findings 156
Sectoral priorities 156
Resource Mobilisation 157
Integration of NEPAD into the African Union structures and processes 158
CHAPTER ELEVEN: FINANCING THE AFRICAN UNION AND MANAGING ITS RESOURCES 160
Financial Resources of the African Union 160
Analysis of Income and Expenditure 160
Budget Management and Procurement Procedures 162
Recommendations 167
Alternative sources of financing 168
Recommendation 170
CHAPTER TWELVE: THE IMPERATIVE OF INSTITUTIONAL DEVELOPMENT AND MULTIPLIER EFFECT OF THE AUDIT THE NEED FOR ROADMAPS AT NATIONAL, REGIONAL AND CONTINENTAL LEVELS 171
Roadmaps for Institutional Development 172
UNECA and AfDB 190
Recommendations Requiring Immediate Decision 193
CHAPTER THIRTEEN: THE IMPERATIVE OF INJECTING ACCELERATORS TO THE INTEGRATION AND TRANSFORMATION PROCESS 196
Free Movement of Peoples Across Borders 197
The development of transcontinental and inter-regional infrastructure 198
Multinational African firms as accelerators of Africa’s integration 199
Financial institutions as accelerators of Africa’s integration 201
Recommendation 202
CHAPTER FOURTEEN: BENCHMARKS TOWARDS AFRICAN UNITY AND INTEGRATION 203
Benchmarking the African Unity and Integration Project 203
Principal Benchmarks 203
Institutional Revamping 204
Internalising the Values of Pan-Africanism 205
A Union of the People 206
Free Movement of Peoples 207
Rationalisation of the RECs 207
Towards the African Common Market and the African Economic Community 208
Establishing Continental Financial and Monetary Institutions 208
Mobilising the African Entrepreneurial Elite for Unity and Integration 209
Monitoring Mechanism 209
CONCLUDING REMARKS 210
Appendices 212
INDIVIDUAL INTERVIEWS 212
African Union Commission 212
African Union Missions 213
C. ORGANIGRAMME OF THE AU COMMISSION 226
COMMISSIONER FOR POLITICAL AFFAIRS 228
COMMISSIONER FOR SOCIAL AFFAIRS 229
COMMISSIONER FOR ECONOMIC AFFAIRS 230
LIST OF TABLES
Table 1: Sessions of the Assembly of Heads of State and Government of the African Union
Table 2: Performance of Member States on Assessed Contributions
Table 3: Sanctioned Member States
Table 4: Sessions of the African Union Executive Council
Table 5 The Staff Gender Profile of the AU
Table 6: Gender Profile Categorised by Grade
Table 7: Citation of the AU in the Mass Media
Table 8: Citation of Members of the Commission in the Mass Media
Table 9: Status of Submission of State Reports to the ACHPR
Table 10: The RECs Recognised by the AU
Table 11: Other Regional Entities
Table 12: Organs and Institutions Of RECs
Table 13: Intra-REC Trade as a Percentage of total Trade in Selected RECs
Table14: Membership of States in the various Regional Economic Communities and other Entities
Table 15: Summary of the Approved Budget of the African Union
Table 16 Summary of the Peace Fund (Off Budget)
Table 17: AU Income Realisation (in US$ '000s)
Table 18: Expenditures on Travel within the AUC
Table 19: Panel Recommendations for the Elaboration of Roadmaps and Plans of Action
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