Transformation of the Pan-African Parliament a Path to a Legislative Body?
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Transformation of the Pan-African Parliament A path to a legislative body? INTRODUCTION accountability to be enhanced, policy-making organs of the AU need to cede more power to the PAP and to In Africa, perceptions of parliaments and their capacity increase the institution’s autonomy. To some observers, to further democracy are generally far from positive. this remains unlikely as the prevailing political culture on Parliaments are commonly seen to be ineff ective, power- the continent favours overly powerful presidencies to the less, useless, oft en redundant, or just talk-shops.1 Th e detriment of parliamentary power. Th ere are thus doubts history of African parliaments, from the early years about the likelihood of the PAP being transformed into a of independence to the post-independence period, is full legislative body as envisioned by the Protocol to the one riddled with institutional weaknesses and limited Treaty Establishing the African Economic Community decision-making roles in the face of strong executives.2 relating to the Pan-African Parliament (hereinaft er the But since the resumption of multiparty elections in many PAP Protocol).4 countries and the inculcation of democratic values across Inaugurated on 18 March 2004 in Addis Ababa, the the continent, there has been a revival of belief in parlia- PAP will mark the end of its fi rst term in 2009.5 At the ments as potential agents of democratic change.3 time of its launch, the institution’s potential as an eff ective Th e Pan-African Parliament (PAP) was created in 2001 body was criticised, and many have remained sceptical to promote popular participation and representation of about its ability to discharge its mandate.6 Whether or not African peoples in decision-making, good governance, these critics have been proved correct depends largely on oversight, accountability and transparency. Its creation the framework used to assess the PAP.7 was possibly a result of renewed confi dence in the ability Th e PAP’s infl uence can be assessed according to a of parliaments to uphold good political governance and, number of criteria. It may be evaluated on the basis of as the representative structure within the continental the role it is expected to play or has played since it was governance system, it is against this belief that the PAP launched,8 or it may be assessed within the parameters must be appraised. of the African Union’s continental and governance Th e launch of the AU and the inauguration of the Pan- framework,9 or on the basis of its contribution to the African Parliament refl ected a commitment to strengthen- emerging African Peace and Security Architecture. Such a ing democratic values and principles on the continent. thorough assessment would assume that there is suffi cient Indeed, an institution such as the PAP is expected to be at data to analyse systematically the impact of such a young the centre of such a process. Despite these expectations, institution. But, practically in its embryonic phase, the however, doubts remain about the ability of the PAP to play PAP cannot be expected to have done much and a great meaningful, eff ective role in making this vision a reality. deal of energy should still be concentrated on strengthen- Th e record of the PAP during its fi rst fi ve years shows ing its institutional capacity.10 that it still faces many obstacles. Among its most critical Th e present study seeks to understand the direction disadvantages is that it does not have the capacity to in which the PAP is headed. At the end of its fi rst term, enforce any of its decisions; rather, its infl uence is limited what are the PAP’s prospects for transformation into a to consultative and advisory powers. In addition to this, full legislative body? And if it is transformed, what are PAP members are not directly elected, but nominated some of the likely paths along which the transformation from the national parliaments. Th is compromises the could take place? parliament’s independence, as members may be recalled Th e fi rst part of this paper refl ects on the PAP’s at any moment for a number of reasons. For democratic mandate, and looks briefl y at the way in which the body Saki Mpanyane • ISS Paper 181 • March 2009 has operated during its fi rst term. It will also refl ect on facilitate cooperation and development on the conti- the current arrangements relating to the PAP and their nent; to strengthen continental solidarity and build a implications for the hoped-for transformation of the in- common destiny among Africa’s peoples; to encourage stitution into a legislative body. Th is paper also provides good governance, transparency and accountability in a critical analysis of the PAP Protocol itself to ascertain member states. Equally important is the objective of the practicality of such a transformation. ‘familiarizing the peoples of Africa with the objectives Th e second part of the paper undertakes a compara- and policies aimed at integrating the African continent tive analysis of similar institutions, such as the European within the framework of the African Union’. Th ese Parliament (EP) and the East African Legislative objectives theoretically combine to place the PAP at Assembly (EALA). Th e EP shares certain commonalities the centre of key processes relating to the emerging with the PAP, particularly as a supranational body, while political, governance and economic architecture of the the EALA is the only regional parliament in Africa that African continent. has obtained some legislative and supervisory powers, Article 11 of the PAP Protocol outlines the func- despite being a relatively young institution. tions and responsibilities of the PAP, which include the exercise of ‘advisory and consultative powers’. In this regard, the protocol specifi cally provides that the PAP may ‘examine, discuss or express an opinion on any At the end of its fi rst term, matter’ and ‘make any recommendations it may deem fi t’. Furthermore, the PAP is empowered to ‘request what are the PAP’s prospects offi cials of the OAU/AEC to attend its sessions, produce documents or assist in the discharge of its duties’. for transformation into a Th eoretically, the parliament seems to have enough room for manoeuvre to shape and drive its own agenda on key full legislative body? issues aff ecting the continent. And as it is also empow- ered to request briefi ngs and reports from AU organs, a key component of oversight and accountability for any Finally, the third part of this paper looks at the diff erent parliamentary body, it appears that the PAP may have paths leading to the PAP’s possible transformation into enough authority to make a substantive contribution a legislative assembly. It examines the speed with which towards the realisation of its mandate and vision. this transformation should take place, and identifi es Th e membership of the PAP is drawn directly which specifi c powers the parliament should be granted from national parliaments, which each nominate fi ve if the transformation is to be successful. members. Th e nominees are chosen according to certain criteria: two must be from the opposition and two of THE PAP’S MANDATE AND ACTIVITIES the members must be women. Th e PAP Protocol has been signed and ratifi ed by 45 state parties, a high fi gure Th e vision and purpose of the PAP can be traced directly for a new institution. Th is brings the membership of to the Pan-African ideals of cooperation and unity the PAP to around 225. Th e large membership refl ects among African states, leading ultimately to the establish- the confi dence many member states have in the parlia- ment of an African Economic Community (AEC). Th ese ment; however, it also means logistical and many other ideals inspired the signing of the Treaty Establishing the administrative problems for the new body, especially African Economic Community (the Abuja Treaty) on 3 during its fi rst term. A high turnover of members has June 1991, and the adoption of the Sirte Declaration of been observed (new members are being sworn in at each 1999. Th e latter called for speedy establishment of the in- session), and other challenges faced by the new body stitutions provided for in the Abuja Treaty, and the PAP include disorganised committee meetings and lack of was envisioned as a platform from which the African proper procedural advice and support to members. peoples, and not states or leaders, could be represented in Bearing this in mind, is it practical to expect much from the decision-making processes aff ecting the continent.11 the PAP? What do expectations of the institution mean Indeed, the PAP Protocol enjoins the new institution, for its development and future progress? among other things, to facilitate eff ective implementation In line with the Rules of Procedure12 and Article 14 of the AU’s policies and objectives. of the PAP Protocol, the parliament is required to hold Accordingly, Article 3 of the PAP Protocol outlines ordinary sessions at least twice a year. So far it has held some of the key objectives for which the PAP is re- ten ordinary sessions, during which the members have sponsible. Th ese objectives are, inter alia, to promote debated a variety of issues, including reports, recom- human rights, democracy, peace and security; to mendations and resolutions. As with other legislative 2 Transformation of the Pan-African Parliament • ISS Paper 181 • March 2009 bodies, the substantive work of the PAP is carried out Democratic Republic of Congo (DRC) (2006), Kenya at by committees.