African Regional Parliaments – Engines of Integration and Democratisation? Ulf Terlinden Bonn, September 2004 Although African regional parliaments and parliamentary assemblies are intended to assume the legislative and democratic oversight functions of regional integration organisations in the long run, they so far remain at an infant stage of organisational development and are far from exercising the roles that fully-fledged parliaments play in democratic setups. However, in the course of renewed efforts to complement economic integration with broader political dimension of regional integration, regional assemblies receive increased attention and have gained in significance over recent years. The following paper takes stock of this development and critically reflects the current and potential role that African regional parliaments and parliamentary assemblies have both as “products and participants” (Wanyande 2004) of regional integration, but also as potential promoters of democratisation. 1. Emergence of African Regional The second phase of integration Parliamentarism therefore led to the mushrooming of regional organisations that focussed on Regional integration in Africa has its economic dimensions. A variety of roots in the Pan-African Movement that integration schemes, including accompanied decolonization since the Monetary and Customs Unions as well late 1950s. Yet, despite the visions and as Free Trade Zones, were envisaged. rhetoric expressed during this phase, Yet, these efforts were and remain most African leaders focussed their problematic in many ways. Just to energies on national sovereignty rather name one, the Regional Integration than continental unification. It was only Organisations are not consolidated in after the end of the cold war that terms of their memberships, allowing a regional integration received fresh number of “multiple members” to opt support and interest by national out if need be. governments. The new international A third phase of regional integration set climate helped overcoming political in at the end of the 1990s, when it differences and allowed for deeper became increasingly apparent that collaboration. Furthermore, integration obviously required political globalization demanded renewed understanding (not least as an efforts especially towards economic environment conducive to economic cooperation. development), too. The political dimension of integration experienced The ECOWAS-P held its first new emphasis, involving a strong call session in January 2001. for good governance, accountability · The East African Legislative and transparency as well as the drive Assembly (EALA) was inaugurated to establish regional parliamentary in November 2001. Its creation had assemblies (RAs)1 of different sorts. been stipulated in the new EAC This move was further reinforced by Treaty signed in 1999. EALA is the the donors’ insistence on regional second attempt to set up a regional cooperation and parliamentary assembly in Eastern Africa. The involvement, as expressed more earlier RA had collapsed with the recently in the framework of the first East African Community in Cotonou Agreement (ACP-EU 2000) 1977. and in the course of NEPAD and the · Under discussion since the 1993 G8-Africa Action Plan (see Eid 2003). In particular, Cotonou stipulated the “Windhoek Initiative”, and formally launched in July 1996, the SADC- creation of the ACP-EU Joint Parliamentary Assembly and called for Parliamentary Forum is the oldest the strengthening of capacities of regional parliamentary structure covered in this report. However, its national parliaments in matters of regional integration. The G8 Action mandate is fairly restricted due to its status as a parliamentary forum. Plan emphasises effective parliamentary involvement in political There are plans to transform it into decision-making processes. Despite a regional parliament, and the respective protocol has already stressing the importance of good governance, NEPAD itself lacks a been drafted. Yet, the adoption of parliamentary dimension. Yet, the the document and the launching of meeting of the African the SADC-P has been postponed Parliamentarians’ Forum for NEPAD repeatedly, partly in order to move in step with the development of the (APF-NEPAD 2002) can be viewed as a first effort to address this deficit. Pan-African Parliament (PAP). The development and signing of the · Inaugurated on March 18, 2004, the legal basic documents, the adoption by Pan-African Parliament’s geo- regional summits and national graphical scope includes that of all parliaments, and the actual the sub-regional parliaments, but inauguration of the assemblies was, the relationship between the and in some cases still is, a lengthy different multi-lateral parliamentary process. bodies has not been defined to date. · ECOWAS introduced a parliament in its revised treaty of 1993. · Far less established than the other However, while the Protocol for the RAs is the Inter-Parliamentary ECOWAS-Parliament2 (ECOWAS- Union of IGAD Member States P) was signed in 1994, it only (IPU-IGAD). Its founding protocol entered into force in March 2000. was signed by the speakers of the national parliaments in February 2004, but it still needs to be ratified 1 before the IPU-IGAD can begin its “RAs” will hereafter be used to describe the actual work. The mandate of the sum of regional parliamentary assemblies covered in this paper, primarily ECOWAS-P, body is even more restricted than SADC-PF, EALA and IPU-IGAD, but to a that of the SADC-PF. lesser extent also REPAC and PAP. 2 See Annex 1 for member states of RAs. 2 · The same applies to REPAC, the be preferable in terms of democratic Network of Parliamentarians of the participation, legitimacy and its Economic Community of Central “popularizing” effect, contemporary African States (ECCAS). Its RAs in Africa so far cannot, and to founding protocol was adopted in some extent do not want to afford the 2002, but the grouping does not financial implications. seem to be very active and its The ECOWAS-P is the only regional mandate is as restricted as IPU- assembly whose founding document IGAD’s. foresees such direct general elections · The treaty to establish the of its parliamentarians. However, at Parliament of UEMOA (P-UEMOA) present even these MRAs are selected was signed in January 2003, yet it from national parliaments, and the leaves much to be defined in planned transition to universal adult subsequent, additional protocols. suffrage is likely to be delayed All member states of UEMOA are considerably due to the lack of funds. also members of ECOWAS, whose Alternatively, the election of MRAs parliament is already far more could be coupled with the election of established. As to the actual national MPs, as this would be much activities of the P-UEMOA, very cheaper than running separate polls. little information is available, However, this would entail a wherefore it will not receive much continuous fluctuation among the MPs attention in the following paper. of the ECOWAS-P (following domestic election cycles) since candidates could 2. Elections, Legitimacy and no longer be national MPs because the Representation latter would be chosen the very same day. 2.1. Direct or Indirect Elections? Indirect elections using already The election modes for members of legitimized national parliaments as an regional assemblies (MRAs) and the electoral college can sometimes be degree of popular participation in these seen as preferential even from a processes determine the democratic democratic perspective. If one judges legitimacy of the RAs. So far, all MRAs the funding needs of universal adult are elected indirectly by national suffrage in the context of the pressing parliaments, as was the case for the challenges of poverty on the continent, European Parliament between 1952 RAs might gain much more legitimacy and 1979. The processes are guided by cutting the costs of their procedures by provisions that demand the (not only elections) and by boosting inclusion of various political parties their efforts instead to tackle issues represented in the national assemblies, that matter to peoples’ everyday lives. and regulations to ascertain a (varying) In other words, input legitimacy involvement of women in these forums. through democratic elections can, at least for some time and in some Besides other advantages (see section stages, be substituted with output 6), these indirect elections are far legitimacy achieved through a cheaper than universal adult suffrage, responsive conduct of politics. which - apart from the immediate logistical challenge - would require the This applies even more when one drawing of electoral maps (for takes into account the fact that the constituency-based elections) and a powers of RAs are by and large costly voter registration. Although confined to advisory functions (see universal adult suffrage would clearly section 3) and that RAs are even more 3 constrained by regional and national EALA’s mode of elections broadens executives than national parliaments. the political space (Eze 2004: 11). In These circumstances do not entail an particular in Uganda the procedure led urgent need for particularly strong to a lively public discussion and a democratic election processes in the degree of serious political competition short or even mid term. among the candidates, which speaks Furthermore, the demand for direct in favour of this mode of election. popular participation in the election of Furthermore, members of EALA work MRAs also depends