MFI/Radio France Internationale (Paris)
Jean-Pierre Colin
3 July 2002
analysis
Durban, South Africa — Organizing A Union For Africa - Durban 2002 (8 of 11)
The new treaty abrogates the OAU Charter adopted in Addis-Ababa in 1963, but it integrates the other existing legal instruments such as the 1991 Abuja Treaty setting up the African Economic Community and the Cairo Declaration on a mechanism for conflict prevention, management and settlement.
1 - Why a new inter-African organization ?
It was at the Syrte (Libya) Extraordinary Summit that the Organisation of African Unity decided to create a new organisation destined to replace it (Syrte Declaration). The Constituent Act of the new organisation was adopted in Lome, in July 2000. The Syrte initiative set as its objective the acceleration of the integration process called for in the Abuja Treaty, which was based on a programme spread over a thirty-four year period. It is clear this means going faster down the road of African unity. It also means a veritable change in perspective: beyond the principles upheld by international law, the Constituent Act is a political, economic and social programme for Africa, with, in particular, the drawing up of a common defence policy, citizen participation in the affairs of the Union, the right to directly intervene in a member country guilty of crimes against humanity, the right to intervene to restore peace and security in a member state upon its request, equality between men and women. In the eyes of African states themselves, it is a new school of thought, which existed neither in the OAU Charter, nor in the Abuja Treaty.
2 - What are the conditions needed for the new initiative to succeed ?
The analyses that dominate inside the OAU are without concession and demonstrate the new state of mind spreading across Africa. Nothing can be done if African states remain in conflict with each other and within their own borders. They are at extremely unequal stages in the development of democracy and a great effort is needed in this direction. Pandemics, such as HIV/AIDS are ravaging the continent and their eradicating is a priority. Moreover, Africa's share in world trade is insignificant and the African Union, while seeking political unity, will have to reinforce the economic fabric of the continent "to constitute a respectable market force" (collective discussion on the African Union, Addis-Ababa, 2001). A special attention will also have to be given to the private sector. Finally, the new organization will have to be given new budgetary resources. The thirty million-dollar envelope at present granted the OAU will be insufficient and new modalities of financing will have to be defined.
3 - What differences are there between the African Union and the actual Organization of African Unity ?
The African Union must not be just a modified OAU. It must be a union of peoples and not a union of states and the parliament, for instance, should play a major role. Member states will have to accept the transfer to the Union of some of their prerogatives. Common policies will have to be put in place on priority questions such as reinforcing continental peace and security, the integration of African economies, the free movement of persons, goods and capital, food security, the fight against poverty, the coordination of different initiatives in the realm of development, notably in trade, the environment, the fight against pandemics without forgetting external debt. The methods of work will have to change and popularising the African Union across the continent will have to mobilise actors as diverse as the private sector, civil society, universities as well as regional economic communities.
4 - What will the relations be between the African Union and these Regional Communities ?
Even if the texts remain silent on this point for the moment, it is clear that the African Union will encourage regional groupings, but it will also have the task of federating them within the AU. The protocol on the relations between the OAU and the regional economic communities remains in place but they will have to go much further and, eventually, integrate the regional groupings within the new Union.
5 - Does the African Union take its inspiration from certain precedents ?
It is a sign of the times that the promoters of the new organisation not only do not exclude the idea of taking inspiration from models of integration of other regional economic bodies but they also claim it, citing notably the European Union, ASEAN, MERCOSUR or NAFTA. It is incontestably the European Union which inspires them most directly and they do not shrink from comparing Colonel Gadhafi - who is considered the father of the idea put forward at the Syrte Conference - to the founders of the European Community, notably Jean Monnet.
6 - What will be the African Union's new institutions ?
The European Union model is very present here. ?
A/ the Conference: it is made up of Heads of State and Government and meets in ordinary session once a year. The Conference is the Union's supreme organ and disposes of very important responsibilities in the functioning of the Union (it adopts the budget, names the members of the Court of Justice and imposes sanctions) and in the implementation of common policies. It is the Conference, which authorises the intervention in a member state under serious circumstances such as war crimes, genocide and crimes against humanity.
B/ the Executive Council : it comprises Foreign Ministers or any other member designated by the member states. It is accountable to the Conference, it meets at least twice a year and it coordinates the policies of member states in fields of common interest.
C/ the Committee of Permanent Representatives: it is made up of permanent representatives accredited to the Union. It meets whenever the need arises and in a way it constitutes a consultative organ to both the Executive Council and the Commission.
D/ the Commission: it is the African Union's most original organ. It will be the real executive acting under the control of the Conference and the Council, and eventually will be submitted to the control of the pan-African parliament. The Commission members will be named above all for their competence, their experience and their leadership. They will be elected by the Conference and should number seven, at least in the beginning. The Commission will not only be a broader general secretariat, but a genuinely collegial body with a president (and a vice-president in charge of a portfolio like the other Commissioners). There will also be five departments: economic development, cooperation and integration; gender questions and social affairs; science and technology; administration and finance; information, communication and the mobilization of resources; political affairs.
E/ the Court of Justice: its status is being studied.
F/ the Pan-African Parliament : its role will grow with time but its composition is still the subject of debate. The Lome Constituent Act stipulates, in line with a certain tradition, that it should be composed of five members from each country, but this provision seems unrealistic and is much criticised, given the disproportion between African states, from Nigeria with over a hundred million inhabitants to Sao Tome with a few hundred thousand. There is no doubt that the Constituent Act will have to be modified on this point.
7 - What is the African Union's agenda ?
The African Union should be implemented at the Durban OAU/UA Summit next July.
Jean-Pierre Colin is at the Center of the study of International Relations, University of Reims, France.
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