Status of Compliance to AU Instruments Presentation at 2 nd Ordinary Session of the Pan-African Parliament 9 May2016 by Osai Ojigho SOTU Coordinator

About SOTU The State of the Union Coalition (SOTU) is a coalition of civil society organizations working together to hold African Governments accountable for the ratification and implementation of African Union decisions.

The AU Instruments As at December 2015 SOTU Specific Newly adopted at AU Summit Jan 2016

Most Ratified Instruments NoInstruments Year of Adoption Number of Ratifications 1Constitutive Act of the African Union African Charter on Human and Peoples' Rights Treaty Establishing the African Economic Community, Protocol Relating to the Establishment of the Peace and Security Council of the African Union Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament African Charter on the Rights and Welfare of the Child OAU Convention Governing the Specific Aspects of Refugee Problems in Africa African Civil Aviation Commission Constitution OAU Convention on the Prevention and Combating of Terrorism Privileges and Immunities Nuclear-Weapon-Free Zone199640

Least Ratified Instruments NoInstruments Year of Adoption Number of Ratifications 1 Agreement for the Establishment of the African Risk Capacity (ARC) Agency African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights Protocol on the Establishment on the African Monetary Fund and the Statute of the African Monetary Fund African Union Convention on Cyber Security and Personal Data Protection African Union Convention on Cross-Border Cooperation (Niamey Convention) Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament Protocol on the African Investment Bank Revised Constitution of the African Civil Aviation Commission Protocol on the Statute of the African Court of Justice and Human Rights 20085

Pattern of State Ratifications - I Most Ratifying States Mali 38 Congo 34 Niger 34 Rwanda 31 Gabon 31 Ethiopia 31 Togo 29 Libya 28 Burkina Faso 28 Least Ratifying States South Sudan 3 Sao Tome & Principe 4 Somalia 6 Eritrea 7 Cape Verde 9 DRC 10 CAR 11 Botswana 11 Djibouti 12

Pattern of State Ratifications - II As at December 2015 – Only (excluding AUCIL) the Constitutive Act has been ratified by all 54 AU Member States – 6 (11%) States have ratified 30 or more instruments – 28 (52%) States have ratified instruments – 20 (37%) States have ratified less than 20 instruments – Botswana has the lowest rate in Southern Africa – Cape Verde has the lowest rate in West Africa – The Horn of Africa has 3 of the bottom States with least ratifications i.e. Eritrea, Djibouti & Somalia – Mali is clear leader in ratifications while South Sudan- AU’s newest member has the least

What is the % of Change in 1 year? Between July 2014 and December % - Change in the most ratified instruments 4% - Only 2 countries: Chad & Guinea-Bissau made 3 ratifications 15% - States that made 2 ratifications 24% - States that made 1 ratification 57% - States that made no new ratifications Result = A slowing down in ratification

Implications for AU Standards are not uniform across the continent Revised Protocol of the Pan African Parliament (PAP) – Only 1 ratification: Mali Ratifications are not only slowing but AU Shared Values & Key Instruments are getting least attention Challenges to implementation of AU Agenda 2063 and regional integration

Universal Ratification...? At the current rate of ratification, it will take 45 years for all 54 countries to ratify all the 49 AU instruments

“ While vital, ratification is not the ultimate driver of change at the national level. Implementation and domestication is the core of translating instruments into tangible results.” State of the Union, Continental Compliance Report 2014 – Realizing Africa’s Aspirations, p.10

SOTU Focus Tunisia Kenya Rwanda Malawi Mozambique South Africa Cameroon Nigeria Ghana Senegal Compliance Reports Ratification Tables My African Union Campaign 10 Treaties and 4 Policy standards

Impact on Key Issues Corruption Indexes Women’s Political Participation Children and Youth Food Security & Agriculture Health Financing and Access

Corruption Enactment of Laws are key determinants of a State’s commitment to its treaties. In the 10 countries reviewed, more laws were enacted and institutions established to address corruption between 2012 and Change was minimal e.g. Kenya and Nigeria, or anti-corruption perception index increased e.g. Malawi and Tunisia

Women’s Political Participation

Children and Youth Rural v Urban divide in Basic Education access Children’s immunisation programmes: 100% = Senegal & South Africa; 24% = Mozambique; and between 45% and 70% in the other 7 case-study countries. High mortality rates e.g. 100 out of 1000 in Mozambique and Nigeria Youth unemployment is high in Africa

Food Security & Agriculture 28 (52%) States have at least developed formal national agriculture and food security investment plans. 13 (24%) States — Burundi, Burkina Faso, the Democratic Republic of Congo, Ethiopia, Ghana, Guinea, Madagascar, Malawi, Mali, Niger, Senegal, Zambia, and Zimbabwe — have met or surpassed the 10 per cent target in one or more years since 2003 for budgetary allocations.

Health Financing The percentage of government health expenditure as part of the total budget has slightly increased in Cameroon, Ghana, Nigeria, Senegal & South Africa. In Rwanda, this has trebled. Health differentials between women and men on HIV/Aids still exist with all study countries showing more prevalence of women living with HIV/Aids at above 40%

Reasons for Non-Compliance Limited Budget/No allocation Available capacities in relevant department/ministry Different legal systems Key ministries working at cross-purposes Non-harmonisation of ratification processes Lack of a national coordinating mechanism Conflicting priorities Bureaucracy Lack of political will

Recommendations Better coordination between the AUC and the States Establishment of National monitoring mechanisms Strengthening the role of Pan Africa Parliament Improved communication between Civil society actors, AU organs, AUC & States

SOTU Interventions Finalised a research on the legal analysis and policy analysis of the Revised Pan-African Parliament Protocol Concluding a study on mechanisms for promoting compliance with AU and SADC treaties and policy frameworks Developing a model national mechanism for monitoring compliance and implementation

Model Monitoring & Compliance Mechanism