Continental Oversight Structures of the APRM: ECOSOCC, ACHPR and PAP By Dr. Khabele Matlosa, UNDP, Addis Ababa, Ethiopia

PRESENTATION OUTLINE CONTEXTUAL BACKGROUND ECOSOCC ACHPR PAP REPOSITIONING THE PAP’S OVERSIGHT ROLE OVER THE APRM CONCLUDING REMARKS

CONTEXTUAL BACKGROUND Transformation from OAU to AU in the 1990s; Paradigm shift from liberation to continental/regional integration; Accelerated re-democratisation of Africa; Thus, integration conceived as entailing three interlocking imperatives: – Democratic governance (accountability, transparency and citizen participation) – Peace & Security (political stability & management of diversity) – Development (poverty reduction & achievement of MDGs)

CONTEXTUAL BACKGROUND With adoption of the 2000 Constitutive Act, the AU began to develop a normative framework for nurturing and deepening democratic governance in the continent; Today, the AU has a well articulated normative framework that provides a solid foundation for its continental governance architecture; Three most important frameworks are: – 2002 NEPAD Declaration on Democracy, Political, Economic and Corporate Governance; – 2003 African Peer Review Mechanism; and – The 2007 African Charter on Democracy, Elections and Governance.

CONTEXTUAL BACKGROUND Of AU’s various normative frameworks, one that has gained considerable prominence is surely the APRM; In order to promote both domestic and external accountability in governance, continental oversight structures of APRM have been created; Three of these are: – The Economic, Social and Cultural Council (ECOSOCC) – The African Commission on Human and People’s Rights (ACHPR); and – The Pan-African Parliament (PAP)

CONTEXTUAL BACKGROUND “Six months after the report has been considered by the Heads of State and Government of the participating member countries, it should be formally and publicly tabled in key regional and sub-regional structures such as the Pan-African Parliament, the African Commission on Human and Peoples’ Rights, the envisaged Peace and Security Council and the Economic, Social and Cultural Council (ECOSOCC) of the African Union. This constitutes the Fifth and final stage of the process.” (Para.25, APRM Base Document)

ECOSOCC A statutory organ of the AU, with advisory powers (based in Addis Ababa, Ethiopia); A CSO forum meant to give voice to non-state actors to influence AU decisions, even on governance; Given its advisory role, its oversight over APRM limited; Lacking in institutional capacity and only engages with APRM at its tail-end; Needs to be more empowered through a specific AU protocol; Needs to engage with APRM throughout all its five stages representing voice of CSOs

ACHPR ACHPR is an organ of the AU (based in Banjul, The Gambia); Est. in 1986 in accordance with Article 30 of the African Charter on Human and People’s Rights (one of APRM’s Key Standards and Codes); It primary mandate is to promote and protect human rights in AU member states; It considers reports from AU member states on the state of human and people’s rights every two years ; But many AU member states have defaulted on their reporting obligations; Currently, its 47 th Session is sitting in Banjul, The Gambia on May 2010;

ACHPR APRM not on the agenda of this 47 th Session; ACHPR engages with APRM rather tangentially; Thus, its oversight role over the APRM ad-hoc and not systematic; Given that the African Charter on Human and People’s Rights is one of the core Standards and Codes of the APRM, ACHPR should play a more proactive role in APRM; It should engage with the process throughout all its five stages and hold governments accountable for human rights abuses and violations.

PAP One of the key Organs of the AU representing voice of elected representatives at national level of member states; Est. through the 1991 Abuja Treaty establishing the African Economic Community, PAP is based in Midrand, South Africa; The Protocol establishing the PAP, and giving it its legal persona, accords it mere advisory (rather than legislative) powers; A transformational process now underway to review the founding protocol and consider legislative powers for PAP in accordance with the decision of the AU Heads of State and Government Assembly of Jan. 2009; One of the meetings on this important process took place between the PAP and the AU this week; Both the Protocol (article 11(1) and (9) and the APRM base document identify PAP as one of the oversight structures of the APRM;

PAP Very rarely does the PAP devote its sessions to considering APRM Country Reports; Challenges confronting PAP in its oversight role over APRM: – Advisory powers makes PAP lack teeth in its oversight role; – Executive dominance through the AUC; – Institutional capacity deficiencies; – Engagement with APRM at its tail-end; – Lack of horizontal accountability compromises PAP’s vertical accountability function.

REPOSITIONING THE PAP’S OVERSIGHT ROLE IN APRM In order to improve PAP’s oversight role, its strategic interventions in APRM has to be repositioned at three main levels: – The Continental level – The Sub-Regional level – The National level

ACTION AT CONTINENTAL LEVEL Work with other African Union (AU) organs to integrate the NEPAD/APRM into AU structures and policy processes; Establish formal relationships on APRM matters with ARPM strategic partners, specifically ECA, UNDP and AfDB; Establish an APRM professionalized research unit, or identify and engage African based research institutions; Establish specifically designated NEPAD/APRM committee as one of its currently 10 standing committees; Mandate its members from AU member states to serve as virtual liaison with national Parliaments on NEPAD/APRM matters;

Work with the RECs and their regional Parliaments; Take interest in the selection (nomination and election) processes of the APRM Panel of Eminent persons; Devote special sessions to consider Final APRM Reports formally tabled before it at the end of Stage Five of the APR country reviews; Utilize its participation in extra-African Inter-Parliamentary fora to disseminate trends and progress in the APRM to show case its uniqueness and the lessons which others could learn from it; Liaise with the African Commission on Human and Peoples’ Right (ACHPR) to receive its country reports as input to its own consideration of Final APRM Country Reports; and Send delegations to APRM member countries on fact- finding missions with a view to encouraging peer-reviewed countries to implement their National Programmes of Action (NPoA).

ACTION AT SUB-REGIONAL LEVEL Integration of the APRM into the structures and organs of the eight RECs officially recognised by the AU; Periodic meetings of members of Parliament from the five regions of the continent to discuss APRM country processes; Encouragement of member states of the RECs yet to accede to the APRM to do so; Urging national Parliaments to domesticate the standards and codes entered into by the country; Design and implement of a 3-to-5 year strategic plan to enhance the oversight, including the budgetary role of legislatures in the regions – to build and enhance the capacity of Parliaments and strengthen their internal structures and organization, specially through the application of ICT and their research and library resources.

ACTION AT NATIONAL LEVEL Parliament should take its membership of the APRM Governing Council seriously. Parliament should create a specifically designated APRM committee of Parliament. Parliament should require APRM National Governing Councils to submit annual reports on their activities for consideration by Parliament. Parliament should take stock of the standards and codes which are yet to be ratified and/ or domesticated and initiate legislative action to that end. Parliaments should exercise its oversight and investigatory powers to ensure accountability in public life. It must act on Auditors-General annual reports to Parliament. In peer-reviewed countries, Parliaments should subject the NPoA to detailed scrutiny before appropriating moneys in its favour, and design monitoring mechanism to ensure its prudent implementation.

CONCLUDING REMARKS Even ardent Afro-pessimists now acknowledge the stark reality that Africa is making considerable progress in governance; One of the indicators of this progress is undoubtedly the APRM to which more than 50% of AU member states have now acceded; The challenge for key governance stakeholders in Africa is to stay the course and sustain the momentum of progress thus far made;

CONCLUDING REMARKS One important way of deepening governance through APRM in Africa is to enhance institutional capacity of oversight structures of the mechanism; Enhanced institutional capacity of the ECOSOCC, ACHPR and PAP should be accompanied by clear political commitment on the part of the AU for them to play their mandated roles in APRM; Such oversight and accountability mandate ought to allow these institutions to engage with the APRM not at the tail- end, but rather throughout all its five critical stages; This should include effective monitoring of the implementation of the NPoA.