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University of Ghana http://ugspace.ug.edu.gh A DECADE OF THE PAN-AFRICAN PARLIAMENT: PROSPECTS, CHALLENGES AND ACHIEVEMENTS BY MUHAMMED ALHASSAN YAKUBU (10172557) THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2015 University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that, this dissertation is my personal research work executed under the supervision of Dr. Juliana Appiah and no part of it has been submitted anywhere else for any other purpose, except for references and quotations that have been duly acknowledged. ………………………………… MUHAMMED ALHASSAN YAKUBU (STUDENT) ……………………………….. DR. JULIANA APPIAH (SUPERVISOR) DATE………………………….. DATE………………………… i University of Ghana http://ugspace.ug.edu.gh DEDICATION This work is dedicated to almighty Allah for his protection during the entire period of my study at the Legon Centre for International Affairs and Diplomacy (LECIAD). I again, dedicate this work to my parents; Yize Naa Dasana Yakubu II of blessed memory and Hajia Sanatu Yakubu. ii University of Ghana http://ugspace.ug.edu.gh ACKNOWLEGEMENTS My first and foremost acknowledgement goes to the Almighty Allah for his divine protection in life. A special appreciation goes to my supervisor, Dr. Juliana Appiah, for her patience, time, encouragement and constructive criticisms that led to a successful completion of this dissertation. Without her professional attention, this work would not have been completed. I remain deeply indebted to her. I would also like to express my profound gratitude to all the lecturers and staff of the Legon Centre for International Affairs and Diplomacy (LECIAD), especially the Librarians for all their immense assistance during my research. I would also like to acknowledge Alhaji Malik Alhassan Yakubu for being a great father and source of inspiration in my life. I would like to show appreciation to my brother Alhaji Sibdow Alhassan Yakubu (SAY) for his support, both financially and materially, throughout my academic struggle. I wish to give special thanks and appreciation to Mr. Eric Owusu-Mensah, schedule Officer of the Ghanaian Members to the Pan-African Parliament, Honourable Dominic Nitiwul, Deputy Minority Leader of the Parliament of Ghana and Member of the Second Session of the PanAfrican Parliament, Honourable Ambrose Dery, a former Member of Ghana’s Parliament and a former Member of the Pan-African Parliament, for their time and insightful interviews that made this dissertation a possibility. I am not forgetting the immense role my family and friends played for their encouragement, support, and prayers and believing in my capabilities which propelled me to study and complete the programme successfully. Finally, I show my gratitude to colleagues of the LECIAD 2015 Class, with whom I shared so much. iii University of Ghana http://ugspace.ug.edu.gh LIST OF ABBREVIATIONS AEC - African Economic Community AfDB - African Development Bank AIDS - Acquired Immune Deficiency Syndrome APRM - Africa Peer Review Mechanism AU - African Union CPP - Convention Peoples Party ECSC - European Coal and Steel Community EEC - European Economic Community EOMs - Election Observation Missions EP - European Parliament EU - European Union GDP - Gross Domestic Product HIV - Human Immune Virus IMF - International Monetary Fund ISS - Institute of Security Studies LECIAD - Legon Centre for International Affairs and Diplomacy MDGs - Millennium Development Goals MP - Member of Parliament NEPAD - New Partnership for Africa’s Development OAU - Organisation of African Unity PRC - Permanent Representative Committee PAP - Pan-African Parliament iv University of Ghana http://ugspace.ug.edu.gh RECs - Regional Economic Communities UGCC - United Gold Coast Convention UNAIDS - United Nations AIDS Programme UNDP - United Nations Development Programme WB - World Bank v University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENTS DECLARATION - - - - - - - - - i DEDICATION - - - - - - - - - ii ACKNOWLEDGEMENTS - - - - - - - - iii ABBREVIATIONS - - - - - - - - - iv TABLE OF CONTENTS - - - - - - - - vi ABSTRACT - - - - - - - - - ix - CHAPTER ONE: RESEARCH DESIGN 1.0 Background to the Research Problem - - - - - 1 1.1 Statement of the Research Problem - - - - - - 5 1.2 Objectives for the Study - - - - - - - 6 1.3 Rationale of the Study - - - - - - - 6 1.4 Scope of the Study - - - - - - - - 8 1.5 Hypothesis - - - - - - - - 8 1.6 Theoretical Framework - - - - - - - 8 - - - - 9 1.6.2 Relevance of Neoliberal Institutionalism to the Study of the Pan-African Parliament - - 10 1.7 Literature Review - - - - - - - - 11 1.8 Methodology - - - - - - - - - 17 1.9 Sources of Data Collection - - - - - - - 18 1.10 Organization of the Study - - - - - - - 18 Endnotes - - - - - - - 19 - - 21 - - 1.6.1 Criticism of Neoliberal Institutionalism - - CHAPER TWO: AN OVERVIEW OF THE PAN-AFRICAN PARLIAMENT 2.0 Introduction - - - - - 2.1 An Overview of the Objectives of the Pan-African Parliament - 21 2.2 An Overview of the Powers and Functions of the Pan-African Parliament - 25 vi - - University of Ghana http://ugspace.ug.edu.gh 2.3 Composition of the Pan-African Parliament - - - - - 28 2.4 Structure of the Pan-African Parliament - - - - - 30 2.4.1 The Plenary - - - - - - - - 30 2.4.2 The Bureau - - - - - - - - 30 2.4.3 The Secretariat - - - - - - - 31 2.4.4 The Organogram of the Pan-African Parliament - - - 31 2.4.5 The Bureau of the President and Vice Presidents - - - 32 2.4.6 The Clerk 2.5 - - - - - 33 Permanent Committees of the Parliament - - - - - 36 Endnotes - - - - - 38 - - - - - - - CHAPTER THREE: PROSPECTS, CHALLENGES AND ACHIEVEMENTS OF THE PAN-AFRICAN PARLIAMENT 3.0 Introduction 3.1 3.2 3.3 - - - - - - - - - 40 Prospects of the Pan-African Parliament - - - - - 40 3.1.1 Revised Protocol of the PAP - - - - - - 41 3.1.2 The Resurgence of Pan-Africanism - - - - - 42 3.1.3 The Need for Cooperation - - - - - - 43 3.1.4 Civil Society Involvement - - - - - - 44 3.1.5 Leveraging the Prevailing Opportunities - - - - 44 Challenges of the Pan-African Parliament - - - - 45 3.2.1 Legislative Authority and the Challenge of Capacity to Enforce Decisions - - 46 3.2.2 The Question of State Sovereignty - - - - - - 47 3.2.3 The Problems of Institutional Capacity - - - - 49 3.2.4 Publicity - - - - - - - - 50 3.2.5 Composition of the Parliament - - - - - 51 3.2.6 Inadequate Funding - - - - - - 52 - - - - 54 - - - - 59 - Achievements of the Pan-African Parliament Endnotes - - - - - vii University of Ghana http://ugspace.ug.edu.gh CHAPTER FOUR: SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 4.0 Introduction - 4.1 Summary of Findings 4.2 Conclusions - - - - - - - 60 - - - - - - - 60 - - - - - - - - 62 4.3 Recommendations - - - - - - - - 64 Bibliography - - - - - - - - - 67 Appendices - - - - - - - - 71 - - - viii University of Ghana http://ugspace.ug.edu.gh ABSTRACT The African Union emerged as a stronger and more effective successor to the Organisation of African Unity. It is a more people-centered continental body with broader mandate focusing on a more robust political and socio-economic integration. The organs of the AU help the Union to achieve the various agendas set for the organisation. One of such organs is the PAP. This study examined the mandate, structure and activities of the PAP in the past decade, its achievements, challenges and the prospects. Whether or not the PAP should be granted legislative powers and its implications on state sovereignty, among other issues, were analyzed and some recommendations based on the findings made. The study involved the use of both primary and secondary data for analysis. For the secondary source, current and former Members of the PAP from Ghana were interviewed and information collected was analyzed. Results from the study showed that the extent to which the PAP can attain its objectives hinges on the mandate and organisational structure of the PAP. There is a lack of effective collaboration between the PAP and the AU Assembly since African Heads of State and Government have not shown the willingness to ease their strong hold on state sovereignty. The study found that a revised PAP Protocol have been adopted by the AU Assembly pending ratification to grant the PAP with some level of legislative powers, but, it will take a lot of political will on the part of Member States to ratify the revised Protocol that will change the mandate of the PAP from its present advisory role to a legislative authority. ix University of Ghana http://ugspace.ug.edu.gh CHAPTER ONE RESEARCH DESIGN 1.0 Background to the Research Problem The quest to unify the balkanized and vulnerable states of Africa into a more influential and powerful regional economic bloc has been a dream long pursued since the colonial era by leaders of the African liberation struggle. Taking cognizance of the fragmented and weak political entities and national economies, there was the need to bring these countries to form a single, more powerful economic and political bloc in order to pursue a common developmental agenda. African leaders in 1963 created the Organization of African Unity (OAU) to serve as a conduit for continental unity and integration. 1 The conversion of the Organisation of African Unity (OAU) to the African Union (AU) was indeed historic since it partly realized and gave effect to the dreams of Ghana’s founding President Dr. Kwame Nkrumah, who persistently stressed in the late 1950s and early 1960s that most African States were not economically viable because of their size. He stretched the argument that moving from self-government to integrate economically required rigorous action. 2 The AU was conceived in Sirte, Libya in September, 1999 and adopted in July, 2000 at the Summit in Lome, Togo. The AU’s Constitutive Act was adopted by Member States of the OAU at the 5th Extraordinary Summit held in Sirte on March 2, 2001. The AU formally came into being on May 26, 2001, after the required number of states had ratified the Act. The AU officially replaced the OAU at the epoch-ushering in Summit in the Indian Ocean City of Durban, South Africa on July 9, 2002. 3 The formal inauguration of the AU was celebrated as historic opportunity, both conceptually and programmatically, to revive the Pan-Africanist ideals of the late 19th century. These were to enhance Africa’s ability to take up the challenge of the 1 University of Ghana http://ugspace.ug.edu.gh 20th century, namely; speedy and sustainable development, poverty eradication and Africa’s integration into the global economy and international society as an esteemed actor. The notion of an African Continental or Union Government is not really a novelty. Dating back to 1963, Ghana’s President Kwame Nkrumah argued for federalism as the actual way out for the emancipation of the continent from economic, social and political problems. This proposal became contentious since the Casablanca group led by Ghana, advocated an instant United Africa while the Nigeria led Monrovia group favoured a loose cooperation of States. As such, a compromise was reached in 1963 by the two groups of states to form the Organisation of African Unity (OAU).4 Modeled after the European Union, the 53 member AU is like its European counterpart endowed with supranational powers.5 While the OAU was mainly an intergovernmental organisation the AU is predominantly people-centered with a broader mandate centering on political and socio-economic integration spelt out in the Constitutive Act of 2000. The ultimate objective of the AU is a union of the people of Africa, with a free society of people, capital, goods and services without borders. The Constitutive Act of the AU in article 4 emphasizes Peace and Security, Democracy and Human Rights.6 The Act also provides for the establishment of Organs for policymaking, consultations and operations, including those provided for in the Abuja Treaty. The statutory bodies include the Assembly of the Union which serves as the highest decision making body of the Union, the Executive Council comprising Ministers of Foreign Affairs or other Ministers charged with the responsibility of dealing with the AU. The issues discussed by the Council would have to feed into deliberations of the Assembly. The Constitutive Act further provides for the establishment of the Court of Justice and for a Protocol on its statute, composition and functions. It is still not clear what the exact functions and powers of the Court are, and whether it 2 University of Ghana http://ugspace.ug.edu.gh has jurisdiction over nationals of all AU countries. The functions and powers of the Court are to be elaborated upon in a Protocol, which will also clarify what the impacts on domestic legislation are. Again, the Act establishes an administrative arm of the AU known as the Commission based at the Headquarters of the AU and headed by a Chairperson. The Chairperson is to be assisted by a Deputy Chairperson and Commissioners, as well as other members of staff. There is also a Permanent Representative Committee (PRC) is composed of Permanent Representatives and other Plenipotentiaries to Member States. The PRC is charged with the responsibility of of preparing the work of the Executive Council and acting on the Executive Council’s instructions. It may set up such sub-committees or working groups as it may deem necessary. There are specialized Technical Committees such as Rural Economy and Agricultural Matters, Monetary and Financial Affairs, Trade, Customs and Immigration Matters, Science, Technology, Transport, Communications, Education, Culture and Human Resources. Also established is the Economic and Social Council which provides for civil society participation. The Assembly determines the functions, powers, composition and organisation of the Economic, Social and Cultural Council. The Union has the following financial institutions whose rules and regulations are defined in Protocols relating thereto. The institutions are: The African Bank, The African Monetary Fund and The African Investment Bank. 7 The Pan-African Parliament is a key organ of the AU and functions as a consultative body without legislative powers. The composition, powers, functions and organization of the Parliament are defined in a Protocol, though the Constitutive Act of the AU itself does not elaborate on the functions and powers of the Parliament. The foundation of the Parliament is in the Abuja Treaty signed in June, 1991 by African Heads of State and Government coming into 3 University of Ghana http://ugspace.ug.edu.gh effect in May, 1994. The 1999 Sirte Declaration pushed for the immediate institution of the organs provided in the Treaty establishing the African Economic Community. A meeting of Legal Experts and Parliamentarians was later held in Addis Ababa, Ethiopia to consider a Draft Treaty on the formation of the African Union and a Draft Protocol of the Pan-African Parliament (PAP). The OAU’s 36th Ordinary Meeting of the Assembly of Heads of State and Government held in Lome, Togo from 10th to 12th July, 2000 ratified and adopted the Draft Constitutive Act of the African Union and the Protocol establishing the Pan-African Parliament (PAP).8 The PAP was to serve as an advisory and consultative organ without lawmaking powers for a period of five years ending 2007, following which it becomes a popularly elected legislative authority. The PAP is to serve as a deliberative continental institution for all Africans especially the grass roots to join in discussions and decision-making processes regarding the problems and challenges facing the Continent.9 The PAP is a one chamber parliament with a representation of an equal number of parliamentarians from member countries. Under the arrangement, five members shall represent each AU country with at least one of the Members being a woman. Among others, the PAP Protocol mandates it to carry out an array of consultative, advisory, monitoring and oversight functions relating to the operations of some of the AU organs. Essentially, the PAP seeks to champion democracy and human rights across the African Continent and to promote accountability, transparency and good governance in Member States. 10 In line with this mandate, the PAP has been involved in Election Observation Missions (EOMs) to various parts of Africa such as South Africa, Angola, Ghana, Senegal, Equatorial Guinea and Kenya. Also, PAP Members were instrumental in carrying out its mandate of promoting peace and security in Africa by participating in fact-finding missions in countries with underlying security and human rights challenges. 4 University of Ghana http://ugspace.ug.edu.gh The PAP has interacted with relevant stakeholders on the ground and issued reports, resolutions and recommendations to the Plenary such as in Darfur-Sudan, Central African Republic, Mauritania, Libya, Tunisia, Saharawi, Côte d’Ivoire, Sierra Leone and Liberia. 11 The most recent oversight missions resulted in the presentation of recommendations to resolve the Malian situation and the Sudan-South Sudan border crises to the AU. The Parliament also championed the campaign for ratification by Member States of the African Charter on Democracy, Elections and Governance. The Parliament is challenged in terms of funding, capacity and powers, thus hindering its effective participation in the AU scheme of affairs and for that matter Africa’s integration efforts. 1.1 Statement of the Research Problem Ten (10) years ago Africa moved a step closer towards consolidating democratic institutions, principles and popular participation with the establishment of the PAP. The PAP was created as an organ of the AU by article 17 of the Constitutive Act of the AU. The Protocol establishing the Parliament was adopted on 2nd March, 2001 by the 5th Extraordinary Session of the Heads of State and Government held in the Libyan city of Sirte. African Leaders were resolute and committed to the establishment of the PAP which eventually will ensure, effectively, the full participation of Africans in the development and economic integration of the continent. Again, the PAP is to further reinforce Africa’s unity and cooperation so as to enable the continent to effectively meet the challenges of a rapidly integrating world. The Pan-African Parliament’s Protocol states, inter alia, that “the ultimate aim of the PanAfrican Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage.”12 As it stands now, however, the Parliament 5 University of Ghana http://ugspace.ug.edu.gh only has advisory and consultative powers and draws its membership from existing Members of Parliament who are nominated by the relevant national parliaments or any other deliberative organ.13 Again, ten years after its birth the PAP is still wrought with capacity challenges, funding problems, lack of legislative powers and indirect representation of membership. Fraught with these challenges in its existence, 10 years is long enough to assess its contribution to the functioning of the AU, its major challenges and prospects within the context of its objectives, and mandate. In this regard, the study seeks to answer the ensuing research questions: To what extent are the set objectives of the Pan-African Parliament being attained? What are the major achievements thus far in its decade of existence? What are the prospects and challenges of the PAP? The need to comprehensively answer these questions necessitated the conduct of this study. 1.2 Objectives for the Study The objectives of the study are to: To review the objectives of the Pan-African Parliament (PAP) relative to its mandate. To evaluate the institutional improvement and concrete successes of the Pan-African Parliament in the past ten (10) years since it started sitting (2004-2014). Examine the prospects and challenges of the PAP as an organ of the AU. Proffer recommendations towards enhancing PAP’s institutional effectiveness and competence. 6 University of Ghana http://ugspace.ug.edu.gh 1.3 Rationale of the Study The formation of the AU is viewed by many as the beginning of the solution to the socio- economic and political problems of the continent of Africa. To achieve its objectives, key organs including the PAP have been established. In essence, this study highlights the objectives, current structure and the potential of the PAP to fully engage citizens in Africa’s integration drive. As such, the need to evaluate the contribution of the PAP to the integration process ten years after its establishment, and whether or not the time has come for it to be vested with legislative powers as seen in the European Parliament. 1.4 Scope of the Study The study seeks to delve into the PAP, as one of the vital organs of the AU. The research covers the formation of the PAP, its objectives and structure, achievements, challenges and its prospects for a systematic transformation of Africa in the past decade (2004 to 2014). 1.5 Hypothesis The current mandate of the Pan-African Parliament inhibits the performance of its functions. 1.6 Theoretical Framework This study is situated within the theory of neoliberal institutionalism. Major proponents of this theory are Robert Keohane, Ernst Haas, Joseph Nye, Lisa Martin and Robert Axelrod. International politics today is considerably institutional and geopolitical. International institutions cut across all functional spheres and in every single region in the world. Neoliberal institutionalists uphold the idea that states are not the only major actors in the international 7 University of Ghana http://ugspace.ug.edu.gh system and that there are non-state actors as well, such as specialized international agencies, supranational authorities, non-governmental organizations, interest groups and transgovernmental policy networks. Neoliberal institutionalism institutes pivotal points for coordination, and broadly enables the process of reciprocity. 14 Neoliberal scholars advocate the relevance of cooperation and the positive roles of international institutions. In their view, institutions perform a focal role in mediation and act as the foremost means to attain and sustain cooperation amongst states. Shared interests of states reduce differences and serve as opportunities for collaboration. States are prepared to cooperate as far as institutions which propose sets of rules and practices and influence the hopes of actors are deem favorable. States are said to be rational actors as such they seek to exploit absolute gains through cooperation and are not much apprehensive about relative gains made by other states.15 To be concise, institutions are regarded as independent variables exerting substantial influence on state behavior in formulating and reformulating of choices and preferences. 16 Proponents hold the view that liberalism had recorded a comprehensive victory globally after the Cold War ended. Thus, Francis Fukuyama’s declaration of the ‘End of History’ indicated the triumph of liberalism over Soviet communism at the end of the Cold War.17 The victory of Liberalism resulted in both policy-makers and scholars asserting the importance of institutions to clutch the post-cold war international system together whereas the realist theory was being underrated in the sphere of international relations. President Bill Clinton, for instance, stated during his campaign for the American presidency in 1992, that, in a world where freedom, not tyranny, is on the march, the cynical calculus of pure power politics simply does not add up. He concluded that it is not suitable for a new era. 18 Scholars of liberalism similarly predicted the potency of institutions to maintain stability and order in a post-Cold War world politics. Robert 8 University of Ghana http://ugspace.ug.edu.gh Keohane, a prominent neoliberal scholar in 1993 averred that “avoiding military conflict in Europe after the Cold War depends greatly on whether the next decade is characterized by a continuous pattern of institutionalized cooperation.”19 The conviction in institutions to stimulate international cooperation and stability, nonetheless, was dealt a blow after the September 11, 2001 Al-Qaeda bombing of America generally observed to have changed the structure of world politics. For instance, President George W. Bush, acknowledged after the attack that “my vision shifted dramatically after September 11, because I now realize the stakes, I realize the world has changed”. 20 This had two momentous indicators for American foreign policy that is a quick resort to military engagements against Al-Qaeda through the ‘war on terror’ and a steady loss of confidence in the ability of international organizations to combat terrorism. In other words, ‘militarism and unilateralism’ swiftly substituted ‘Wilsonian and Clintonian belief in multilateral institutions’ as the trademarks of American foreign policy. 21 1.6.1 Criticism of Neoliberal Institutionalism In view of the above, critics of neo-liberal institutionalism are suspicious about the capacity of institutions to start and maintain cooperation among states. To illustrate this John J. Mearsheimer argued forcefully that institutionalist theories were defective and had insignificant influence on state behavior and that history lacks empirical records to support institutionalist theories, hence liberal institutionalists promise to stimulate cooperation and steadiness in the post-Cold War international system was essentially speculative. 22 9 University of Ghana http://ugspace.ug.edu.gh In response to this criticism of neoliberal institutionalism, Keohane and Lisa Martin assert that institutions do matter in how states conduct their affairs. However, the charge is to “discover how, and under what conditions.”23 1.6.2 Relevance of Neoliberal Institutionalism to the Study of the Pan-African Parliament As a supranational body, the Pan-African Parliament (PAP) seeks to, amongst others, initiate and maintain cooperation amongst member states and to serve as a stage for the exchange of ideas to enhance Africa’s integration agenda. This is possible because the PAP derives its membership from different backgrounds representing member states. One of the crucial functions of a parliament is representation of the views of the people; as such, it is believed that a decision from such a body will be informed by public opinion and consensus emanating from detailed debate of interests and ideas. This will consequently bring about the harmonisation of interest among states. Suffice it to state, that the objectives of the PAP falls in line with the neoliberal institutionalist view of supranational institutions as avenues for cooperation among states to bring about development. As such, the theory is appropriate as a framework to guide this study. Neoliberal scholars advocate the relevance of cooperation and the positive roles of international institutions such as the Pan-African Parliament, especially in the area of coordination and reciprocity. International Parliaments play a pivotal role in mediation and act as the means to attain and sustain cooperation amongst states. The membership of the PAP is made up of States with shared interests and reduces differences among states and provides opportunities for collaboration, which is at the heart of neoliberal institutionalism. Proponents of neoliberal institutions believe that states are rational actors and seek to exploit absolute gains 10 University of Ghana http://ugspace.ug.edu.gh through cooperation and are not much apprehensive about relative gains made by other states. This makes the theory relevant to this study, since Member States of the PAP seek to come together to deepen regional integration for mutual gains as stated in the preamble of the Protocol of the PAP. 1.7 Literature Review To undertake a meaningful study of the Pan-African Parliament, the research chooses to review relevant literature on the perspectives of some authors on the subject. Erskine May24 gives a comprehensive framework of what Parliament is, how the term parliament came about and the proceedings, privileges as well as the usage of parliament for the advancement of democratic principles in countries. According to May in his work titled Treaties on Law, Privileges, Proceedings and Usage of Parliament, a parliament is composed of sovereigns who collectively form the legislature. They perform functions and enjoy privileges vested therein. The term “parliament” was first used in England in the 13th century to designate a large assembly of the King’s Council, attended by barons, bishops, and prominent royals and servants, called together to attend to the king, advise him on law-making and administrative matters, and hear and assist his judicial decisions. Erskine contends that in order to appreciate the operations of parliament, it is essential to be acquainted with both current practices and formal rules. By alluding to the latest decision and describing current developments, he seeks to provide a complete account, as is practicable, of the role and workings of Parliament and the authority on which the rules of procedure are established. The rules of parliament are of diverse categories and derived from different sources – from practice; from standing orders and ad hoc orders and resolutions; from rulings from the 11 University of Ghana http://ugspace.ug.edu.gh Chair; and from statutes. In the view of Erskine, the four sources of procedure cited are of different degrees of authority. They provide sufficient opportunity for debate and inform the choosing of subject for debates, and prevent the situation where business is conducted without appropriate notification such that decisions reached undergoes full consideration by the House. Erskine’s work is particularly relevant to this study because it gives a clear basis for understanding the origins of parliament as well as parliamentary proceedings. He, however, treats parliament in its generality and not the Pan-African Parliament (PAP). Writing on The African Union and The Pan-African Parliament, Goodwyll25 touches on the origins of the African Union (AU) to its precursor, the Organisation of African Unity (OAU). He mentioned the strategic roles that personalities such as Kwame Nkrumah from Ghana, W.E.B Du Bois and George Padmore played and their conviction that Africa’s destiny lies in the unity of the whole continent. Ambassador Goodwyll indicated that the efforts of these personalities and others led to the foundation of the OAU in 1963. On the changeover from the OAU to the AU, Goodwyll posits that, after many years of existence, it became clear that the prevailing integration structure of the OAU could no longer endure the threats and challenges of the emergent new world order of globalization. It was against this background that African leaders in the Sirte Declaration of September, 1999 agreed to establish an African Union in tune with the critical objective of the Charter of the OAU and the provisions of the Abuja Treaty. Regarding the Pan-African Parliament (PAP), Goodwyll thinks that the creation of the body, which falls in line with the provisions of the Constitutive Act of the AU, will enable the effective execution of the policies and objectives of the OAU/AEC and, eventually, the AU. Relative to the objectives and structure of the PAP and its relations with other regional bodies, Goodwyll raises issues with regards to provisions on representation contained in the PAP, 12 University of Ghana http://ugspace.ug.edu.gh specifically, the provisions of representation. He opines that representation should be based on the size of the country. Mentioning the European Union Parliament as a model for the PAP, Goodwyll refers to Article 14 of the Protocol of the Parliament to back the claim. Emphasizing that the PAP was established on a strong foundation of justice, mutual respect and trust, he was definite that representation based on sovereign equality of states contradicts the vision of the PAP as envisaged in the Treaty. 26 In The Pan-African Parliament in the Strategic Partnership between the EU and Africa: Winner or Loser? Navarro, J27 is of the view that the Pan-African Parliament (PAP), the only noticeable novel establishment by the AU founding treaties, has not attracted much consideration from academia. Again, there exists a high level of ignorance of the actual presence of the PAP. Its existence has significant repercussions for Africa’s regional integration efforts, because it is the supreme demonstration of the changing landscape of the Pan-African mission. The transformation of the OAU into the AU was related to the formation of the Pan-African Parliament, which appears to have mirrored the resolve to brand the AU as a more relevant establishment.28 As one of the structures of the AU, the PAP could deliver the ‘institutional overhaul’ that has occurred in continental African politics with a tangible significance. He states further that the creation of a parliament first echoes a change from a ‘purely inter-governmental logic’ to a ‘supranational one’. Traditionally, the prime reason underlying the formation of the OAU was specifically to preserve political sovereignty and territorial integrity and that the creation of the PAP can be interpreted as a means to democratize the AU. 29 Aside justifying the need for a regional parliamentary body, the author also alludes to the fact that the establishment of the PAP can be seen as a means of making the AU democratic. 13 University of Ghana http://ugspace.ug.edu.gh This study explores how far the PAP has performed in terms of deepening democratic governance in Africa since its formation. On the European Parliament and Supranational Party System, Amie Kreppel30 writes that upon its formation in 1957 the Parliamentary Assembly of the European Economic Community (EEC) was seen more as a transnational chamber of Babel. The Parliament then comprised 142 Members selected by the National Parliaments of the then six Member States. As at then, the Parliament was not directly elected, it could not influence the lawmaking processes. The Parliamentary Assembly was purely a consultative institution. However, the Assembly has developed into a proper European Parliament (EP) with Members elected directly since 1979. The EP was vested with partial and increasing control over the budget of the EEC since 1975 and the capacity to delay, revise, and even the power to veto legislation. The European Parliament as it is now bears little semblance to the then Parliamentary Assembly. The EP as it stands today can be said to be a “transformative” Parliamentary body capable of impacting meaningfully the decision-making and policymaking procedures of the European Union. 31 A comprehensive appreciation of the institutional improvement of the EP is necessary not as a case study but for the significant role of the EP in the legislative processes of the European Union (EU). The EP’s ability to exploit its increasing powers essentially depends on it s institutional growth.32 If the Parliament operated on a weak institutional structure relative to the growing legislative work load of the EU it would have been a generally irrelevant actor in the European affairs irrespective of the substantial official powers vested in it in recent years. It is imperative to appreciate together the degree of rapid internal development of the European Parliament and the influence of enlarged lawmaking authority on the trend and character of this 14 University of Ghana http://ugspace.ug.edu.gh growth, as these in turn affect the institutional and legislative advancement of the EU in its entirety.33 Kreppel critically assesses the role of the European Parliament (EP) over the years in moving forward the European Union (EU) agenda. This study also builds on this by trying to assess how the PAP can inform the African Union (AU) integration process. Writing on The Impact of European Integration: Political, Socio-political and Economic Changes, Juliet Lodge34 examines the origin, evolution, functions and powers of the European Parliament (EP). She argues that the role and functions of the EP, and those of its political party groups, have changed dramatically since the end of the 1970s when the first Euro-elections were held. In fact, the symbolic relationship between the parties and the EP has become increasingly significant, and will be one of the main features of institutional development during the 1990s and beyond. Despite its significance for the European Union, the author believes the very existence of the EP creates anxiety among member nation-states. She concluded with an optimistic note, that the role of EP will expand and eventually transform Europe into a federal and liberal democratic polity. Having been modeled on the EP, the PAP, as argued by Lodge, will also have a similar significant expansion and eventual influence on Africa’s democratic Status. This makes the literature relevant. Even though this view clearly applies to the PAP, Lodge did not directly mention the PAP. In his analysis of the AU and its institutions titled PAP to Strengthen Democracy and Prosperity, Bonifacio Antonio 35 notes that the ultimate mission of the PAP is to spread democracy, prosperity and peace across the continent. Citing a speech delivered by the AU Chairman during the inaugural ceremony of the AU, Antonio reiterates the belief that without economic development, Africa’s political processes and institutions will continuously be 15 University of Ghana http://ugspace.ug.edu.gh compromised. Further stressing the importance of the Union, he notes that by working hand-inhand, Africa can develop a reliable plan of action benchmarked on good governance. On the structure of the parliament and its membership, Antonio exhibits particular excitement about prospects of the gender balance requirements embedded in the PAP protocol. In his opinion, it further demonstrates Africa’s desire to toe the line of current development practices in the developed world. His appreciation of the benefits of the PAP notwithstanding, Antonio is quick to alert members of the PAP, of the need to prepare to face uphill tasks. In his view, the challenges facing the parliament is that the rest of the world is observing to see the additional worth this Parliament will contribute to the strategy of constructing a robust and thriving African Union which would serve as a dependable partner for other regional bodies the world over.36 Justifying the establishment of supranational parliamentary institutions in the past decades, Ogochuku Nzewi37 opines that supranational parliamentary bodies have over the years been formed by regional organizations the world over to boost Member States’ efforts of entrenching both political and economic development. He also mentions the European Union Parliament (EP), Latin American Parliament, Central American Parliament, MERCUSOR Parliament and PAP as examples. The earliest example was in the EU when the European Coal and Steel Community (ECSC) started the Assembly, later transformed into the European Parliament. The establishment of this Parliamentary Assembly is largely seen as the inspiration to other regional organisations such as the AU to set up its own version of a regional parliamentary body. According to Nzewi, these regional parliaments are member-state-driven with specific objectives generally shared by their members. These objectives could be economic, political, development or security oriented. Normally, these Assemblies display different features and vary 16 University of Ghana http://ugspace.ug.edu.gh based on their aims, functions, resources, how long they have been in existence and the political environments they found themselves in. Thus, to understand their operations and functions relative to their capacity to command deference from their membership entails some level of appreciation of the conditions that informed their establishment. Different models of these Parliaments exist depending on the motive that underpinned their creation; the models of some transnational assemblies are motivated by a bigger dream for integration and co-operation. The works of various authors as reviewed above in this study underscore the fundamentals and reasoning behind the establishment of supranational Parliaments, particularly, the Pan-African Parliament. Comparable to the European Parliament which has been instrumental in championing the European integration agenda, there seems to be a missing impact in the case of the Pan-African Parliament (PAP) as far as the African integration agenda is concerned after a decade of its existence. This has greatly informed this study to assess the performance of the PAP after ten years of its existence by exploring its achievements and challenges. 1.8 Methodology The study employs qualitative research methods including unstructured interviews and library research. The study solicits the opinions and perspectives of those who have knowledge on the work of the PAP and the challenges confronting it. The research bases its examination and draws its conclusions from significant resources, knowledge and viewpoints obtained from a range of sources, both primary and secondary as defined in the study. 17 University of Ghana http://ugspace.ug.edu.gh 1.9 Sources of Data Collection This research is based on primary and secondary data. The primary sources include interviews with current and former Ghanaian Parliamentarians who have been part of Ghana’s delegation to the PAP within the period under review, namely: Alhaji Malik Alhassan Yakubu, Mr. Ambrose Derry, and Mr. Dominic Nitiwul. The secondary sources consist of books, journal articles, reports and other relevant resources from the Parliament of Ghana’s Library, LECIAD Library, the Balme Library, and the Political Science Department Library. Journals, reports and other relevant documents from the Africa Bureau of the Ministry of Foreign Affairs and Regional Integration, the Office of Parliament, Ghana as well as internet based resources were also consulted. 1.10 Organization of the Study The Study is organized into four (4) chapters: Chapter 1: Research Design Chapter 2: An Overview of the Pan-African Parliament Chapter 3: Prospects, Challenges and Achievements of the Pan-African Parliament Chapter 4: Summary of Findings, Conclusions and Recommendations 18 University of Ghana http://ugspace.ug.edu.gh ENDNOTES 1 Asante, K.B., “African Union” in the Daily Graphic, Wednesday July 9, 2003, p.7 Ibid. 3 Gassama, MIS, “The African Union: A Veritable Progeny of Pan-Africanism” in AU ECHO Special Edition for the 20TH AU Summit, Issue 05, January 27, 2013. 4 Sharkdam, Wapmuk, In Search of Greater Unity: African States and the Quest for an African Union Government, Journal of Alternative Perspectives in the Social Sciences (2009) Vol 1, No 3,645-671, p646, www.japss.org/.../6._wapmukarticle.pdf accessed on 17/03/2015. 5 Final Draft of AU and Mission of the AU Commission Prepared by Office of the Chairperson of AU Commission, March, 2004. 6 “Constitutive Act of the African Union”, Basic Documents of the Pan African Parliament, PAP Documentation Unit, August, 2006, p. 9. 7 Ibid., p.10. 8 Ibid., p.4. 9 http://www.pan-africanparliament.org/aboutpap_history.aspx 10 “Protocol to the Treaty Establishing the African Economic Community Relating to the Pan African Parliament”, Basic Documents of the Pan African Parliament, PAP Documentation Unit, August, 2006, p.35 11 Ibid. 12 Ibid. 13 Ibid., p.36 14 Nuruzzaman, Mohammed, Liberal Institutionalism and Cooperation in the Post-9/11 World, Department of Political Science, University of Alberta www.cpsa-acsp.ca/papers-2006/nuruzzaman.pdf accessed on 18/02/2015 15 Ibid. 16 Ibid. 17 Fukuyama, Francis, “The End of History”, The National Interest, Vol 1, No 3,645-671,1989 p.16 18 Nuruzzaman, Mohammed, op. cit 19 Keohane, Robert O. 1993a. “The Diplomacy of Structural Change: Multilateral Institutions and State Strategies”. In America and Europe in an Era of Change, eds. Helga Haftendorn and Christian Tuschhoff. Boulder, Colo.: (Westview Press), pp.5-11. 20 Nuruzzaman, Mohammed, op. cit. 21 Ibid. 22 Mearsheimer, John J. “The False Promise of International Institutions”, International Security, 19(3), 1994/95, pp. 5-49. 23 Keohane, Robert O. and Martin, Lisa L.. “The Promise of Institutionalist Theory”, International Security 20(1), 1995, pp. 39-51. 24 Erskine, May, Treaties on the Law, Privilees, Proceedings and Usage of Parliament, 22ND Ed., London: Butterworths, 1997), pp. 3-6 25 Ambassador Goodwyll, B.G. “The African Union and the Pan-African Parliament” In Ghana’s Foreign Policy Options, (Accra: LECIA Publications, 2002),pp.69-78 26 Ibid. 27 Navarro J, “The Pan-African Parliament in the Strategic Partnership between the EU and Africa: winner or loser?” Paper presented at the GARNET Conference “The European Union in International Affairs”, Brussels, 24-26 April 2008, pp. 3-5 28 Ibid. 29 Ibid. 30 Kreppel, Amie The European Parliament and Supranational Party System, A Study in Institutional Development, (University of Florida, Gainesville, Cambrideg University Press), 2002, p. 1. 31 Ibid. 32 Ibid. 33 Ibid. 34 Lodge, J., The Impact of European Integration: Political, Sociological and Economic Changes, George A. Kourvetaris and Andreas Moschonas, eds., (Connecticut London: Praeger Publishers, 1996). Pp. 3-6 2 19 University of Ghana http://ugspace.ug.edu.gh Bonifacio, A., “PAP to Strengthen Democracy and Prosperity”, 2001, www.sardc.net/editorial accessed on 18/02/2015. 36 Ibid. 37 Ogochukwu, Nzewi, “Rapid or Incremental Change?, Assigning Greater Legislative Powers to the Pan African Parliament”, Centre for Policy Studies, Johannesburg, March 2010, pp.3-4 35 20 University of Ghana http://ugspace.ug.edu.gh CHAPER TWO AN OVERVIEW OF THE PAN-AFRICAN PARLIAMENT 2.0 Introduction This chapter analyses the underlying objectives, institutional structure, composition, powers and functions of the Pan-African Parliament (PAP). The PAP was inaugurated in Addis Ababa, Ethiopia on March 18, 2004, with an initial 190 Members of Parliament from 38 countries. This manifests an important breakthrough by the African Union (AU). Preceding the establishment of the Pan- African Parliament Africa as a continent had no platform for debating and obtaining broader opinions on development and matters impacting the peoples and countries of Africa. Likewise, a mechanism for presenting and sustaining an Africa wide agenda in National Parliaments was non-existent. The Pan-African Parliament was formed with the specific objective of supporting the oversight of the execution of the plans and objects of the African Union (AU) and the African Economic Community (AEC) and also to promote the course of continental integration through the parliamentary activities of National Parliaments in harmony with the recommendations and views of the PAP. 1 2.1 An Overview of the Objectives of the Pan-African Parliament To assess PAP’s effectiveness, it is imperative to bring out its objectives as outlined in Article 3 of its protocol. They include: a. To facilitate the effective implementation of the policies and objectives of the OAU/AEC and, ultimately, of the African Union; b. To promote the principles of human rights and democracy in Africa; c. To encourage good governance, transparency and accountability in member states; 21 University of Ghana http://ugspace.ug.edu.gh d. To familiarize the peoples of Africa with the objectives and policies aimed at integrating the African continent within the framework of the establishment of the African Union; e. To promote peace and security and stability; f. To contribute to a more prosperous future for the peoples of Africa by promoting collective self-reliance and economic recovery; g. To facilitate cooperation and development in Africa; h. To strengthen continental solidarity and build a sense of common destiny among the peoples of Africa; and i. To facilitate cooperation among Regional Economic Communities and their parliamentary fora.2 These objectives are impressive and call for actual legislative powers for the PAP in the near future. Largely, these objectives have a bearing on peace and security, human rights, democracy, good governance and accountability of African states as well as cooperation and economic development of the continent. The preamble of the Protocol establishing the Pan-African Parliament recognizes that, its foundation was influenced by a vision to provide a common platform for African peoples to be more involved in discussions and decision-making on the problems and challenges facing the continent.3 The objectives of the Parliament are deliberative and oriented outward (external). 4 This allows for the discussion of broad range of political, economic, social, military and other development challenges of Africa, instead of influencing the internal institutional structures of the Union. Article 2 of the Protocol, for instance, stipulates that, while the Parliament shall ultimately evolve into an institution with full legislative powers, it will have 'consultative and advisory powers only' until decided otherwise by an amendment to the Protocol. This limitation 22 University of Ghana http://ugspace.ug.edu.gh clearly reflects the lack of consensus by AU member states about the PAP's powers. This is confirmed by article 11 of the Protocol, which states that the Parliament shall be vested with legislative powers to be defined by the Assembly, but that during the first term of its existence its prerogatives will be in the area of advice and consultation. 5 In this regard, Article 11 (1) of the Protocol calls for the PAP to examine, discuss, express an opinion on any matter, on its own initiative or at the request of the Assembly or other policy organs and recommend as it deems fit on matters relating to human rights, consolidation of democratic institutions and the culture of democracy, as well as the promotion of good governance and the rule of law.6 In addition, it is expected to promote the coordination and harmonisation of the laws of Member States; promote the programmes and objectives of the AU; and promote the coordination and harmonisation of AU policies with that of Regional Economic Communities. 7 Basically, these powers relate to happenings in Member States and not what pertains to the operations of the AU. Fundamentally, a Parliament exercises oversight and controls spending (budget) by the executive branch of government. The Pan-African Parliament has not been vested with this power by its founding Protocol. However, it is vested with the power to elect its own president, adopt its own rules of procedure and form the committees it considers necessary to facilitate its functioning. 8 Furthermore, the PAP could discuss its budget and that of the Union and make recommendations thereon prior to its approval by the Assembly. Again, the Parliament can request officials of the AU to attend its sessions and produce documents or assist in the discharge of its duties. Decisions of the Parliament are made based on consensus or by a two-thirds majority of all the Members present and voting. 9 23 University of Ghana http://ugspace.ug.edu.gh In the area of promoting peace, security and stability, it is largely acknowledged that peace and security generates the needed atmosphere for good governance. Most of the development challenges confronting Africa are largely attributable to conflicts. These conflicts threaten the development efforts of the continent, perpetuates poverty, destroying economic and social infrastructure and making Africa unattractive to potential investors. In confronting the challenges posed by violent conflicts, the PAP seeks to serve as a forum for the discussion and debate of issues relating to conflicts and its devastating effects on human security as well as measures for resolving such conflicts. 10 Despite the mandate given to the PAP, human rights abuses remain a huge challenge in Africa. According to Amnesty International’s 2014 Africa Report, a trend of repression and shrinking of political space characterized countries such as Burkina Faso, CAR, South Sudan and Sudan. Security forces responded to peaceful demonstrations and protests with excessive force. In various cases, freedoms of expression, association and peaceful assembly continued to be severely curtailed. This development was not an exceptional case for countries ruled by authoritarian governments but also in countries with less authoritarian rule and in the process of or preparing for political transition. 11 For instance in Eritrea, political opposition parties, independent media or civil society organizations were not permitted to operate, and thousands of political prisoners continued to be detained in custody. In Ethiopia, there was renewed targeting of independent media including bloggers and journalists, detentions of opposition party members and peaceful protesters. In Rwanda, civil society groups have been restricted in criticizing government policy, especially on human rights. Also, freedom of assembly and association has been restricted in Burundi, with meetings and marches regularly prohibited as the 2015 Elections approached. 12 24 University of Ghana http://ugspace.ug.edu.gh In Gambia, President Yahya Jammeh who has stayed in power for the past two decades has remained intolerant of opposition dissent. Thus, media practitioners, political opponents and human rights activists are constantly being intimidated and tortured.13 Amnesty International argues that the Constitutive Act of the AU accords serious attention to issues of human rights in a more comprehensive manner. Thus, this is an area where the parliamentarians can and must intervene. The emphasis on the safeguard of Human Rights emanates from the AU’s position that democracy, development and respect for human rights and fundamental liberties are interdependent and mutually re-enforcing to the development of Africa. 14 As a result, the PAP sees the necessity to incorporate issues of human rights and democracy into its objectives. It is expected that through the Parliament, African governments will cease the opportunity to show their commitment to enforcing human rights on the continent. The subject of good governance is also embedded in the objectives of the PAP. Notwithstanding the numerous coups, counter coups and fraudulent elections that have dominated the politics of Africa, it has been unanimously agreed that lack of good governance has been the bane of the socio-political problems facing Africa. 15 2.2 An Overview of the Powers and Functions of the Pan-African Parliament According to the Protocol, the Pan-African Parliament shall be vested with legislative powers to be defined by the Assembly. However, during the first term of its existence, the PanAfrican Parliament shall exercise advisory and consultative powers only. In this regard, it may: a. Examine, discuss or express an opinion on any matter, either on its own initiative or at the request of the Assembly or other policy organs and make any recommendations it 25 University of Ghana http://ugspace.ug.edu.gh may deem fit relating to, inter alia, matters pertaining to respect of human rights, the consolidation of democratic institutions and the culture of democracy, as well as the promotion of good governance and the rule of law. b. Discuss its budget and the budget of the Community and make recommendations thereon prior to its approval by the Assembly. c. Work towards the harmonization or co-ordination of the laws of Member States. d. Make recommendations aimed at contributing to the attainment of the objectives of the OAU/AEC and draw attention to the challenges facing the integration process in Africa as well as the strategies for dealing with them. e. Request officials of the OAU/AEC to attend its sessions and produce documents or assist in the discharge of its duties. f. Promote the programmes and objectives of the OAU/AEC, in the constituencies of the Member States. g. Promote the coordination and harmonization of policies, measures, programmes and activities of the Regional Economic Communities and the parliamentary fora of Africa. h. Adopt its Rules of Procedure, elect its own President and propose to the Council and the Assembly the size and nature of the support staff of the Pan-African Parliament. i. Perform such other functions as it deems appropriate to achieve the objectives set out in Article 3 of this Protocol. 16 From the aforementioned, the core functions of the PAP can be categorized into three broad areas: representation, oversight, and the harmonisation and coordination of national legislation. The Parliament also seeks to coordinate the policies, measures, programmes and activities of the Regional Economic Communities (RECs) and the regional parliaments in Africa. 26 University of Ghana http://ugspace.ug.edu.gh In addition, the PAP seeks to promote collective self-reliance and economic recovery for the whole of Africa. The UNDP Human Development Report, 2002 showed that majority of poorer countries across the world in the year 2000 are in Africa. 17 To reverse this trend, Africa in 2001, launched a continental development strategy, the New Partnership for Africa’s Development (NEPAD). The NEPAD, which seeks to pursue, among other things, greater integration of Africa in the world economy, offers a blueprint for the African Union to promote collective selfreliance and economic development for the prosperity of Africans. The Parliament also seeks to familiarize the people of Africa with the objectives and policies aimed at integrating the African continent within the framework of the establishment of the AU. This is intended to strengthen continental solidarity and build a sense of common destiny among the people of Africa. The current initiatives on regional integration seek a clearer political vision than their predecessors. The current initiatives pursue an incremental system that involves steadily developing economic and institutional bonds, and a parliamentary assembly to help it command popular legitimacy. Thus, the establishment of a Parliament at the continental level provides cause for optimism. 18 Whereas the OAU was concerned with liberating Africa from colonialism, the AU and other current initiatives are expected to focus attention on the promotion of human rights including women’s rights, consolidating democratic institutions and culture, building new institutions to monitor and promote peace, security and development, encouraging and promoting civil society and ensuring good governance and the rule of law. It is thought that in pursuing its objectives, the PAP will lead the efforts of the AU in fulfilling its mandate. From the analysis above, the objectives of the PAP are very appropriate to meeting existing development challenges facing Africa. Operating within a period when most African 27 University of Ghana http://ugspace.ug.edu.gh countries have proven and remain committed to developing politically, socially and economically, it is reasonable to believe in principle that the objectives of the PAP are attainable. 2.3 Composition of the Pan-African Parliament Article 4 of the Protocol states clearly the composition of the Pan-African Parliament as follows:19 a. Member States shall be represented in the Pan-African Parliament by an equal number of Parliamentarians; b. Each Member State shall be represented in the Pan-African Parliament by five (5) members, at least one of whom must be a woman; c. The representation of each Member State must reflect the diversity of political opinions in each National Parliament or other deliberative organ. The Protocol stipulates that members of the Parliament shall represent all people of Africa and not their respective countries of origin, with the provision that, ultimately, they will be elected by universal adult suffrage. 20 A direct election along the lines of the European Parliament (EP) is, therefore, possible in the future. In the meantime, however, article 5 specifies that the Parliamentarians shall be selected from the respective National Parliaments or any other deliberative organs of Member States. Again, the representation of each Member State must reflect the diversity of political opinions in each National Parliament. Their terms run concurrently with their terms in the respective national assemblies, which means that someone will cease to be a Pan- African MP if he or she ceases to be a member of the national parliament. Worse, a Pan-African Parliamentarian loses his/her position if recalled by the National Parliament.21 28 University of Ghana http://ugspace.ug.edu.gh This transforms the Pan- African MPs into representatives of member state parliaments, notwithstanding the provision that they vote in their personal and independent capacity. 22 It is specified in the Protocol that, it is member states that shall be represented in the Parliament and that national delegations, besides including at least one woman, shall reflect the diversity of opinions present in the Parliaments of Member States.23 MPs are awarded the parliamentary immunities necessary for the proper exercise of their function. The choice for an indirect composition of the Parliament was not only informed by governmental distrusts, but it was felt that, direct election of Members into the PAP might pose an administrative obstacle for countries that have just barely begun to learn how to manage electoral processes at the national level. Another contentious issue was the question as to whether all member states should have the same number of delegates? Nigeria, especially, argued that the size of national delegations should be determined or informed by the size of the national population. 24 However, in the end, it was decided that each Member State would get an equal number of five Members of Parliament regardless of population. 25 The rejection of Nigeria's demand is characteristic of Africa’s continental political culture, which tends to reject strict discrimination between Member States and hegemonic tendencies.26 This means that, in the circumstance of the PAP, some people are clearly under-represented, whereas others are enormously overrepresented. 29 University of Ghana http://ugspace.ug.edu.gh 2.4 Structure of the Pan-African Parliament The structure of the PAP is rooted in the Rules of Procedure and Organisation 27 as stated in Article 12 of the Protocol. 28 The structure of the Pan African Parliament is made up of a Plenary, Bureau, Permanent Committees and a Secretariat. 2.4.1 The Plenary The Plenary is made up of all the Members of the Parliament chaired by the President. Membership to the PAP is open to National Parliaments whose countries are Members of the African Union. The Plenary is the main decision making body of the Parliament and it is where all resolutions are passed. The PAP currently has 230 Members from National Parliaments of 46 African Countries.29 Each Member State is represented in the Pan African Parliament by five (5) national parliamentarians, at least one of whom must be a woman. The representation of each Member State must reflect the diversity of political opinions in each National Parliament or some other deliberative organs. Its ultimate aim is to evolve into an institution with full legislative powers, whose Members are elected by universal adult suffrage. 2.4.2 The Bureau The Protocol establishing the Pan African Parliament in Article 12(5) states that the President and the Vice-Presidents shall be the Officers of the Pan-African Parliament. The officers, under the control and direction of the President and subject to such directives as may be issued by the Pan-African Parliament, shall be responsible for the management and administration of the affairs and facilities of the Pan-African Parliament and its organs. 30 The Bureau is in-charge of the organisation and operation of the PAP. It is made up of a President 30 University of Ghana http://ugspace.ug.edu.gh and Four Vice-Presidents representing the five African regions respectively: East Africa, West Africa, Central Africa, North Africa and Southern Africa. 2.4.3 The Secretariat There exists a Secretariat that assists the PAP in performing its functions. The Secretariat comprises the Clerk, two Deputy Clerks and other management and support staff established in accordance with Article 12 (6) of the Protocol. 2.4.4 The Organogram of the Pan-African Parliament31 Organogram of the Pan-African Parliament as approved by the House during the 3rd Ordinary Session, held from March 29 - April 11, 2005 in Midrand, South Africa.32 The Organogram of the Pan-African Parliament 1. THE PRESIDENT VICE-PRESIDENTS (THE BUREAU) 1B. BUREAU SECRETARIAT (DIRECTOR OF BUREAU & SPECIAL ASSISTANTS) 1A.INTERNAL AUDITOR 2. THE CLERK 3. DEPUTY CLERK (FINANCE, ADMINISTRATION & PARLIAMENTARY RELATIONS) 4. DEPUTY CLERK (LEGISLATIVE BUSINESS) 31 University of Ghana http://ugspace.ug.edu.gh The Pan-African Parliament has a comprehensive organisational set up. The administrative structure of the Parliament ensures accountability in the sense that all staff members are answerable to someone within the Parliament’s Bureaucracy. The Organisational Structure of the Pan-African Parliament (PAP) emphasizes the fundamental parliamentary business and functions.33 The structure, by its design ensures the smooth and effective functioning of the hierarchy of the Parliament. Two focal departments ensure the smooth operation of the entire Parliament. That is the Legislation and Finance and Administration Departments. 2.4.5 The Bureau of the President and Vice Presidents The President chairs and directs all meetings of the Parliament, except those held in permanent committees. The President also presides over all the meetings of the Bureau. He also opens, suspends, adjourns and closes the sittings of parliament after consultations with other members of the Bureau. The President plays representative functions by representing the PAP in its relations with outside institutions. In performing the functions specified above, the Protocol also mandates the President to perform other incidental functions. 34 The Vice Presidents, in the order of their ranking and by rotation, act in the absence of the President or when the President is unable to discharge his or her duties. They generally discharge duties prescribed by the Bureau under the direction and control of the President and subject to such directives as may be issued by the Parliament.35 Financial accountability is also guaranteed by the setting up of an Internal Audit Unit separate from the Office of the Clerk. 32 University of Ghana http://ugspace.ug.edu.gh 2.4.6 The Clerk The PAP has a Clerk who is supported in the performance of his duties by two Deputies. Together they ensure that the core functions of the PAP such as legislative, deliberative and advisory are undertaken in the most procedural and honourable manner. The Clerk is the principal advisor to the President, the Vice Presidents and the Parliament on matters of procedure, policy and ensures that Parliament works according to its own Rules of Procedure. He exercises overall control and responsibility and answers to the Bureau. He and the Deputy Clerks have their employment approved by the Parliament. The Clerk heads the Secretariat of the Parliament and organises elections of the President and Vice Presidents. As the head of the Secretariat and spokesperson of the Parliament, the Clerk supervises the administrative staff and manages daily administrative affairs of the Parliament. The Clerk takes minutes of all the proceedings of Parliament and Permanent Committees. In line with his or her procedural function; the Clerk acts as the advisor to the President and the Bureau on matters of exercising all the powers and functions that belong to the President and to the House. He also acts as the Secretary to the Parliament and all its Committees. Administratively, the Clerk helps the President and the Bureau in exercising powers vested in them, including the determination of staff strength, method of recruitment and prescription of qualification. The Clerk also enforces the code of conduct in terms of discipline and has control over officers and administrative staff. Also, the Clerk is responsible to Parliament for accounting issues. 36 The two Deputy Clerks perform different functions. One is in-charge of Legislation and the other in-charge of Finance and Administration. These two departments as shown in the Organogram are each aided in their operations by two divisions. As such four divisions compose 33 University of Ghana http://ugspace.ug.edu.gh the two departments, each headed by a Principal Clerk who coordinates the respective functions of the division. The four approved divisions that form the two main departments are made up of sections. There are three sections under each division, 12 sections are therefore coordinated by the Principal Clerks. Each section has a head, and each section deals with two or more core functions of the division. It is at the level of the sections that the departmental functions are most visible. A number of core functions are performed within the sections with sectional heads being some of the specialist functionaries. A sectional head may have an appropriate name to describe his or her function, but he or she carries the title of Senior Clerk. Persons occupying positions perform functions that can be subdivided into units. The unit is the lowest functional area where the most junior officers start their career. Within the units are general rules and regulations that govern promotions for all, including non-officers. While these arrangements seek to facilitate the operations of the Parliament, in another breadth it could be seen as a case of good governance worthy of emulation by other Member States of the African Union. In sum, it would have been ironical for an organisation which has among its objectives the encouragement of good governance, transparency and accountability in Member States, to be perceived as lacking good governance and accountability within its institutional structure. The comprehensive nature of the PAP’s administrative and procedural structure could help in the realization of the objectives and the effective implementation of the policies and objectives of the AU. One of the objectives of the PAP, as stated in Article 3 of the Protocol establishing the PAP, is to familiarize the people of Africa with the objectives and policies aimed at integrating the African continent within the framework of the establishment of the African Union. The 34 University of Ghana http://ugspace.ug.edu.gh pursuit of this objective has been addressed amply by the creation of a position for a Senior Clerk in-charge of Information Communication and Media Relations. The Senior Clerk’s major function is to manage the PAP’s information and making the relevant information accessible to the people throughout Africa and beyond. One issue that has been contested about the structure of the PAP especially in relation to its objectives is the composition and mode of representation on the Parliament. The African Union has agreed on five members from each state, with a condition that at least one is female. 37 Gender has not been a subject of debate because it is in line with Goal 3 of the Millennium Development Goals, to improve opportunities based on gender. 38 The main argument against the mode of representation however, is that smaller states in Africa such as Sao Tome and Principe will receive an equal number of seats as Nigeria, which is the largest State by population in Africa. Although, this proportional system of ‘one country’, ‘one vote’ operates in other multilateral organisations such as the United Nations, academics such as Rule oppose it, citing that representation should consider more than just the sovereignty of a State. Rule suggests a system of representation based upon the guarantee of a minimum quota that is three seats to all states and a consideration of the economic output and gross domestic product per capita of States before giving them supplementary seats. Under Rule’s proposition, Nigeria would comprise the largest parliamentary delegation followed by South Africa and Egypt. Five smaller states such as Equatorial Guinea and Sao Tome and Principe could not achieve an extra seat based on the population or economic indicators and could only maintain the three seat minimum. 39 35 University of Ghana http://ugspace.ug.edu.gh 2.5 Permanent Committees of the Parliament The structure of the PAP makes provision for 10 Specialised Committees. According to Rule 22 (1) of the Rules of Procedures the Parliament shall establish the following Permanent Committees for the proper discharge of its functions: Committee on Rural Economy, Agriculture, Natural Resources and Environment; Committee on Monetary and Financial Affairs; Committee on Trade, Customs and Immigration Matters; Committee on Co-operation, International Relations and Conflict Resolutions; Committee on Transport, Industry, Communication, Energy, Science and Technology; Committee on Health, Labour and Social Affairs; Committee on Education, Culture, Tourism and Human Resources; Committee on Gender, Family, Youth and People with Disability; Committee on Justice and Human Rights; and Committee on Rules, Privileges and Discipline.40 A Committee of Parliament shall consist of not more than 30 Members, with each region designating at least three Members taken into account gender balance. Each Committee elects a President, a Vice-President, and rapporteur from among its Members. The quorum of each Committee is absolute majority of its Members but shall only be required for purposes of voting.41 The functions of the various Committees are determined by the Parliament. The Parliament may appoint Ad Hoc Committees whenever it deems necessary, for a particular function. The Committee system plays a vital role in the attainment of the objectives of the PAP. With committees on practically everything including Justice and Human Rights, Education, Culture and Conflict Resolution, the PAP by its structure accords every sector the needed attention. The Committee on Rural Economy, Agriculture, Natural Resources and Environment for instance, considers the development of common regional and continental policies in the 36 University of Ghana http://ugspace.ug.edu.gh agriculture sector. Thus, whiles promoting the development of a particular sector across the continent, it also promotes the building of continental solidarity and a sense of common destiny among the peoples of Africa. Also, it promotes collective self-reliance among all the people of Africa. The provision for Ad Hoc committees under Rule 22 (3) ensures that pressing issues that emerge are adequately catered for. 37 University of Ghana http://ugspace.ug.edu.gh ENDNOTES 1 The Pan-African Parliament (PAP) Strategic Plan 2006-2010. “Protocol to the Treaty establishing the African Economic Community Relating to the Pan African Parliament”, Basic Documents of the Pan African Parliament, Pan-African Parliament, PAP Documentation Unit, August, 2006, p.35 3 Ibid., p. 33. 4 Walraven, Van K., “From Union of Tyrants to Power to the People? The Significance of the Pan-African Parliamentfor the African Union” Africa Spectrum,Vol. 39, No. 2 (2004), pp. 197-221Published by: Institute of African Affairs at GIGA, Hamburg/GermanyStable URL: http://www.jstor.org/stable/40175022 accessed: 15/04/2015. 5 Protocol, op. cit. pp.35-39. 6 Ibid. 7 Ibid. 8 Walraven, Van K., op. cit. 9 Protocol, op. cit. pp.35-39. 10 Navarro, J. “The Creation and Transformation of Regional Parliamentary Assemblies: Lessons from the PanAfrican Parliament” , The Journal of Legislative Studies, Vol. 16, No.2, June, 2010, pp.195 ISSN 1357-2334 print/1743-9337. 11 2014 Africa Regional Overview by the Amnesty International, https://www.amnesty.org/en/countries/africa/report-africa/ accessed on March 24, 2015. 12 Ibid. 13 Ibid. 14 Nzomo, M., “From the OAU to the AU and NEPAD”, Paper Presented at the Regional Strategy Meeting on Women’s Political Participation in the AU and NEPAD, Nairobi, 27 – 31, October, 2003. 15 www.pambazuka.org/index.php?issies=148 accessed on March 24, 2015. 16 Article 11 of the Protocol of the Pan-African Parliament. 17 http://unstats.un.org/unsd accessed on March 24, 2015. 18 Nzomo, M. op. cit. 19 Protocol, op. cit. p.36. 20 Ibid., p.35. 21 Ibid., p.36. 22 Ibid., p.37 23 Ibid., p.36 24 Walraven, Van K., op. cit. 25 Protocol, op. cit. pp.36. 26 Walraven, Van K., Dreams of Power: The Role of the Organization of African Unity in the Politics of Africa, 1963-1993,Aldershot, Ashgate, 1999, p.8. 27 See Appendix 3 for detailed outline of the Rules of Procedure and Organization of the Pan-African Parliament. 28 Protocol, op. cit. pp.39. 29 http://www.au.int/en/organs/pap accessed on 08/07/2015. 30 Protocol, op cit. p40 31 There are other management and support staff in accordance with Article 12 (6) of the Protocol who play various roles in the administration of the Parliament. 32 The Pan-African Parliament (PAP) Strategic Plan, op. cit. p.4. 33 The Organizational Structure and Human Resource Requirement of PAP at Midrand South Africa. (PAP/Doc/4 th Session/Decision 2), 21st January, 2005, p.6. 34 “Rules of Procedure Adopted by the Pan-African Parliament” on 21st September, 2004, Basic Documents of the Pan-African Parliament, PAP Documentation Unit, August,2006, p.71. 35 Ibid., p.72. 36 Ibid, p.73. 37 Protocol, op. cit. p.36. 38 Goal 3 of the UNMDGs, http://unstats.un.org/unsd accessed on March 24, 2015. 2 38 University of Ghana http://ugspace.ug.edu.gh Rule, S.P., “Options for the Composition of the Pan-African Parliament” in Genge, M., Kornegay, F. and Rule, S.P. ‘African Union and Pan-African Parliament Working Papers’, Africa Institute of South Africa, Pretoria, October, 2000, p.34. 40 Appendix C provides a detailed description of the functions of each Committee. 41 Rules of Procedure, op. cit., p.73. 39 39 University of Ghana http://ugspace.ug.edu.gh CHAPTER THREE PROSPECTS, CHALLENGES AND ACHIEVEMENTS OF THE PANAFRICAN PARLIAMENT 3.0 Introduction This chapter discusses the prospects and examines as well the major challenges that the Pan-African Parliament (PAP) is confronted with in the last decade, especially as it seeks to assume its expected role in the integration process of the African Union. The chapter further assesses the achievements of the Parliament. People in Africa more often than not perceive Parliaments as unproductive, powerless, redundant, and just talk shops.1 This is generally attributable to the fact that legislative arms of government are clouded by structural weaknesses with limited roles to play when it comes to making decisions in view of powerful executive organs of government.2 As such, Africans are anxious to see whether the PAP, in the quest for continental integration, can demonstrate to be more than just a talk shop relative to the intrinsic strong Executive of Heads of State and Governments of the AU. 3.1 Prospects of the Pan-African Parliament A decade in the life of the Pan-African Parliament (PAP) is a critical time for reflection, evaluation and development of a road map for its strengthening as an integral organ towards realizing continental integration in Africa. In spite of the challenges confronting the PAP, there exist opportunities for the institution to play significant roles in the political and economic affairs of Africa. The prospects among others include: the innovative political architecture of the AU, the issue of common problems 40 University of Ghana http://ugspace.ug.edu.gh needing common solutions, the resurgence of Pan-Africanism, the increased involvement of the Civil Society, and the possibility of capitalizing on Parliament’s current opportunities in the areas of cooperation with the European Parliament and the existing solid administrative structure and Rules of Procedure established by the PAP. 3.1.1 Revised Protocol of the PAP In February 2009, five years after coming into existence, the Assembly requested the AU Commission to initiate the review process of the Protocol establishing the PAP in consultation with the Permanent Representative Council (PRC). In line with this, broad consultation took place resulting in the reviewed Protocol which was formally adopted by the Assembly of Heads of State and Government in June, 2014 in Malabo, Equitorial Guinea. 3 The major revisions to the Protocol are as follows: i. Membership: With coming into force of the Protocol, Members would now come from outside National Parliaments. The National Parliament would however constitute national electoral colleges to select five Members to function as full time Parliamentarians, not dependent on their membership of National Parliaments as is currently the case. ii. Functions and Powers: The PAP would no longer be a consultative body but a body that would perform legislative functions in the area of model laws determined by the AU Assembly or as may be proposed by the PAP and approved by the Assembly. iii. Allowances: The revised Protocol would allow Members including the Bureau to be paid allowances, but by their respective States. 41 University of Ghana http://ugspace.ug.edu.gh iv. Secretary-General and Deputy Secretaries-General: The new designation of the Clerk and Deputy Clerks would be Secretary-General and Deputy Secretaries-General respectively. 4 A more compressive legislative powers as in the EP would have been expected in the case of the PAP, but this could be the beginning towards the drive for a more comprehensive legislative authority. There is the need for a robust ratification drive strategy across AU Member States. The Protocol requires ratification by a simple majority of AU Member States before coming into force. As it stands now there is no evidence pointing to the number of Member States that has ratified the revised Protocol. The Office of the Legal Counsel of the AU should strongly partner with the PAP to make the ratification happen just as it did in ensuring the adoption of the Protocol. 3.1.2 The Resurgence of Pan-Africanism There has been a renaissance of Pan-Africanism considering the declared principles of the institutions of the African Union. The name of the PAP makes it a unique case in this regard. According to Afedo, the AU in its wide array of principles and objectives seeks to pursue the participation of African people in events of the Union. The Union has as its good governance blue print being the New Partnership for Africa’s Development (NEPAD) and its flagship programme the African Peer Review Mechanism (APRM) and the Pan-African Parliament (PAP).5 The AU is premised on ‘people inclusiveness’ and African leaders need to take action to make this a reality beyond the perennial verbal commitments at summits. Aside the PAP, the APRM and NEPAD are innovations in the African Union architecture which have seen their Protocols ratified by majority of African states. With these institutions 42 University of Ghana http://ugspace.ug.edu.gh performing to their optimum, Africa’s democratic credentials in terms of free and fair periodic elections and improved human rights records would have been enhanced remarkably. In the view of Dominic Nitiwul, the participation of Africans in the activities of institutions of democracy such as the PAP will boost its capacity to champion the interests of the people. 6 3.1.3 The Need for Cooperation In an interconnected world rapidly undergoing globalization no nation can afford to stay isolated any more. Countries in Africa have understood this, as such, the rise in supranational arrangements that seek to create a united and common purpose platform to tackle Africa’s developmental challenges. Some of the mutual problems of the continent are still being tackled with lip service. For instance, the African Union has been slow in adopting practical measures towards the Boko Haram debacle in Nigeria and piracy in Somalia. The PAP seeks to uphold the principles and values of human rights and democracy, promote good governance, transparency and accountability in member states and promote sustainable development through the promotion of peace and stability in Africa. The Pan-African Parliament could promote sustainable development by tabling, deliberating and recommending coordinated strategies for enhancing trade among African countries. Africa is endowed with rich agricultural yield, mineral deposits, hydro-energy, and human resources. This affords positive prospects for Africa in the international arena. If these resources are harnessed and value added to them through innovative mechanisms Africa could have dictated the terms in international trade thereby increasing development on the continent. 43 University of Ghana http://ugspace.ug.edu.gh 3.1.4 Civil Society Involvement The birth of the AU and the PAP has to some degree increased the awareness of the people of Africa about continental integration through the celebration of events such as the ‘AU Day’. Hence the realization by African leaders that the time is now for a more people focused era of governance. There is an increased involvement of Civil Society in the governance sphere of most countries on the continent. This has redefined politics with a public interest orientation which hitherto was at the behest of only Heads of State and Government. This reiterates the need for the PAP to engage the civil society for their inputs in its operations. A solid and cooperative relation with civil society organisations as provided for by the Protocol is vital for the effectiveness of the Parliament. The EP during its formative years leveraged on this strategy to shape its public profile and political influence in the European society. Africa has several well placed interest and advocacy groups working in different policy areas with enormous expertise in various policy sectors such as governance and poverty alleviation which are relevant to the PAP as it strives to impact decisions in the African Union architecture. 3.1.5 Leveraging the Prevailing Opportunities The necessity for political and economic integration in Africa is a mission for a Union Government and a likely United States of Africa as provided for in the Sirte Declaration. The challenges notwithstanding, the PAP has built for itself a good administrative foundation having established a Secretariat with Clerks and Clerical Staff, Committees, Work Plans and Rules of Procedure. It should, therefore, exploit its prevailing structure and push for the required legislative powers. The PAP should benchmark the EP example which is already offering 44 University of Ghana http://ugspace.ug.edu.gh support to the African Parliament. Definitely, the PAP should be allowed time to develop into a vibrant supranational legislature that will serve as an effective avenue for the articulation of the PAP’s motto of One People, One Voice. In addition, the Pan-African Parliament could be empowered to play effectively its deliberative and oversight functions in order to monitor and oversee the activities of the AU Commission and Assembly. The PAP’s role as a deliberative organ could also be strengthened to provide the stage for interested parties and advocacy groups to take part in the governance and integration process in Africa. 3.2 Challenges of the Pan-African Parliament The aforementioned achievements notwithstanding, the PAP is still fraught with some challenges. Many of the Parliament’s problems relate to capacity and the different parliamentary cultures of Member Countries. The challenge is to develop a system that will enable the Parliament and the rest of the African Union to speak with one voice. The finances to carry out its programmes are inadequate. Most of the support comes from donor agencies. Many Member States’ Parliaments are not able to send the full complement of their Membership to the Parliament’s Committee Sittings or Plenary due to funding challenges resulting from low GDP. This has concomitant effects on the operations of the PAP because quorums are not formed as such decisions cannot be reached. Among others, the challenges that confront the Pan-African Parliament include the apparent deprivation of legislative authority and capacity to enforce decisions, the question of state sovereignty, institutional capacity challenges, and method of electing members, publicity and issues of limited funding. 45 University of Ghana http://ugspace.ug.edu.gh 3.2.1 Legislative Authority and the Challenge of Capacity to enforce Decisions Granting legislative powers to the Pan-African Parliament is fundamental to realizing its set goals and objectives and the effective performance of its functions. Before the realizat ion of the desired continental integration of Africa, there is the need for the PAP, which is the representative organ of the people of Africa, to be vested with the requisite legislative powers. The Protocol of the PAP emphasizes key areas such as peace and security, democracy and human rights, good governance, immigration and issues related to trade. These can only be attained if the Parliament is granted Legislative Powers, at least, in these specific areas which affect citizens of the continent. According to Ambrose Dery, a former Member of the Parliament of Ghana and the PanAfrican Parliament, the absence of legislative powers is a major blow to the proper functioning of the PAP as a Parliament. Article 2 of the Protocol states clearly that PAP should develop into a body with legislative powers as such the Protocol should be amended to make this a reality. 7 Again, a former Member of the Parliament of Ghana and one time Vice President of the PAP, Malik Alhassan Yakubu, avers that the problem regarding the amendment of the Protocol has everything to do with the vested interests of members of the Assembly of Heads of State and Governments of the African Union. 8 In the view of Mpanyane, an analyst with Institute of Security Studies (ISS), PAP has fallen short of being an African Continental Legislature. According to him bearing in mind the weaknesses of Parliaments relative to the superior executive powers over legislatures in most African states, Member States may have to resort to a compromise by granting the PAP some powers in areas that do not visibly threaten ‘the sovereignty of countries’. Mpanyane envisions that this would enable the Parliament to work closely with the African Union, whilst gradually 46 University of Ghana http://ugspace.ug.edu.gh gaining the required legislative powers. 9 When this is done, member states of the AU must domestically legislate to give the PAP legislation the requisite force of law in their countries. A Pan-African Parliament vested with legislative powers will be a novelty in the continental politics of Africa. However, the granting of legislative powers comes with immense implications regarding the current structure of the AU. It may require a revision of the protocols of other organs of the AU to foster cooperation among the various bodies. Again, the granting of legislative powers will call for the need for the African Court of Justice to be vested with the authority to adjudicate, interpret and enforce the laws to be made by the PAP. Thus, the African Court of Justice would be an arbiter in disputes between AU organs to deliver precision and safeguard acquiescence in the reading and application of established treaties by providing legitimacy to the decisions of the Parliament. That is exactly how the European Parliament’s legislations carry weight since they are regularly provided backing by the European Court of Justice. 10 3.2.2 The Question of State Sovereignty Sovereignty is defined in International Relations’ literature as ‘supreme state authority subject to no external limitations’. 11 The transformation of the OAU to the AU triggered certain optimism and desire for greater African continental unity and integration. Dominic Nitiwul laments that the continuous hold onto sovereign powers by Member States threatens the long cherished dream of a United States of Africa.12 In the ‘Westphalian concept of sovereignty’ the nation state holds absolute power and authority over its internal affairs short of external interference regarding border control, political autonomy and foreign policy formulation. 47 University of Ghana http://ugspace.ug.edu.gh The PAP is faced with the question of state sovereignty in carrying out its mandate. Finding lasting solutions to the existing problems of Africa relative to squalor and poverty, increased share in international trade and achieving continental peace and security requires the ceding of a certain level of state sovereignty by African Heads of State. The fact that African States ratified the Protocol of the Pan-African Parliament should have been a subtle way of ceding an amount of state sovereignty. However, African leaders still hold onto the traditional sovereignty as set out in the Westphalian system. The realization of the objectives for which institutions like the PAP have been set up will remain a mirage so far as they are not supported by the required actions by Heads of State other than the current lip service being paid to their strengthening. The Treaties and Protocols of continental institutions must be backed with defined competencies to enhance their operations. The Ghanaian Membership of the PAP was unanimous in their advocacy for a proper functioning of the AU and that the PAP should learn from the European Parliament (EP), because, the European Union (EU) has equipped its various institutions with required competencies to boost the operations of the Union. For the PAP to be able to function properly then member states must consent to ceding their sovereignty. But this has to be set out in an amendment to the Protocol of the Parliament. In the case of the EU member states maintain their sovereignty and cede the requisite amount essential for the effective and efficient functioning of EU institutions in the mutual good and interests of Member States.13 The AU Assembly must, by necessity adopt the basic tenets of liberal democracy which advocates good governance and pluralism. In the architecture of the AU, the Assembly still reserves the mandate to harmonize and coordinate general policy of the AU and scrutinizes matters of common interest to Africa. It is not practically possible for them to tackle issues 48 University of Ghana http://ugspace.ug.edu.gh comprehensively in view of the inadequate time set aside for summits, and this is where organizations like PAP mandated to represent the citizenry ought to be given the necessary freedom to deliberate freely on matters directly affecting the continent. 3.2.3 The Problems of Institutional Capacity Weak institutional capacity is a serious challenge confronting the Pan-African Parliament. The PAP lacks a permanent building as its headquarters or secretariat to coordinate its operations. This threatens the conduct of serious legislative business. The Parliament is currently housed at the Gallagher Estate in Midrand, South Africa offered by the South African government. The plan to construct its permanent headquarters in Tswane-Pretoria is saddled with lack of funds. The lack of a permanent headquarters after being in operation for more than a decade signifies the lack of commitment by African leaders towards making the PAP an integral organ in the AU scheme of affairs. Though insignificant, some members criticize the location of the Parliament in South Africa since they have to spend so much on transport alone, whereas a location central to all member states would have been preferable. For the institution to have any meaningful impact in Africa’s integration process then it must develop the appropriate infrastructure. Thus, the Parliament requires a suitable secretariat equipped with the appropriate information technology system among others. 14 In terms of capacity, the PAP needs its own professional parliamentary service. Malik Yakubu indicates that the question of human resources relative to the employment of trained workforce such as qualified researchers, clerks and procedural officers needed to facilitate parliamentary work should be critically addressed. According to him, even early 2009, when he served in the Parliament, Members of Parliament depended on the support of and partnership 49 University of Ghana http://ugspace.ug.edu.gh with external service providers. This can lead to dependency and has the potential for external influence. Related to the challenge of institutional capacity is the issue of language barrier, as such information technology system of the PAP should be improved for it to have its own pool of interpreters.15 According to the Clerk of the Parliament, Zwelethu Madasa, the PAP draws its membership from fifty three National Parliaments, all with varied backgrounds, languages, ethics and cultures. Each Member might also have different interests; it may be personal, national, regional or continental. This makes managing and balancing these diverse perspectives delicate, especially in view of the lack of a homogeneous approach to democracy in Africa. 16 3.2.4 Publicity To the ordinary African, the PAP has not been visible contrary to its definite vision of serving as an avenue for the participation of Africans in resolutions concerning Africa. This is hampered by the fact that the Bureau of the Pan-African Parliament is financially handicapped to roll out a comprehensive publicity strategy for the institution. Additionally, the PAP has not received sufficient support from the media in Africa. Major regional media houses do not show interest in broadcasting and publishing activities of the Parliament. For instance, the PAP celebrated its 10th anniversary in May, 2014 and also conducted election to change the leadership of the Bureau, which is made up of the President and Vice Presidents of the Parliament, but this was not carried by the main regional broadcasting houses even in Southern Africa. There exist little hard copy publications on the activities of the PAP except bits and pieces found online. This affects the full participation of Africans in African affairs. This is why it is worth commending the PAP’s initiative of publishing a periodic 50 University of Ghana http://ugspace.ug.edu.gh newsletter highlighting its specific business and operations as there is limited press representation, inadequate radio coverage and no television coverage. 3.2.5 Composition of the Parliament The mode by which members are selected into the PAP has raised questions about the representative mandate of the Parliament. Selection of Members to represent member states is simply by nomination left at the discretion of Member States’ Parliaments. Mpanyane rightly notes that one step which is critical towards the Pan-African Parliament’s transformation into an actual legislative body is the issue of directly electing members base on the principle of universal adult suffrage. This is critical to strengthening the acceptability of the Parliament and its members by the people. The existing practice, where the membership is selected from their individual domestic legislatures, has the potential to weaken the independence of members, as their allegiance still lies with their principals. Therefore, they have the tendency to champion the welfare of individual member states rather than representing the interest of the continent. Also, by the current arrangement, the PAP has a democratic deficit and might be perceived as not representing the interest of Africa. 17 A continent wide direct election of membership of the PAP however, comes with a myriad of legal, financial, infrastructural and ideological implications. Similarly, there is a frequent change of membership as a result of national elections, appointments into more attractive executive offices or falling out of favour with leaders in respective National Parliaments. Electing members directly would have assured them of legitimacy and security of tenure and could have advanced the stability and institutional memory of the Parliament. The credibility of members largely depends on the issues they champion, their course of action, and the impact they make in the lives of the average African. In this regard, 51 University of Ghana http://ugspace.ug.edu.gh their stands on issues should be commensurate with the mandated objectives of the PAP, rather than the pursuit of diverse national agendas since this will largely impede the proper functioning of PAP as an AU organ. In addition, direct election of members would solve the problem arising out of members coming from fragile national assemblies with weak democratic credentials since their contribution to debate and proceedings in the PAP would have been independent of national allegiance. Nonetheless, Mashele cautions that direct election of members into the Parliament would not be easy, thus serious considerations and compromises are required from member states. That also means an amendment to the PAP Protocol as well as other revisions of legal instruments governing elections in member states.18 This justifies the current efforts at amending the original Protocol to make room for the sorting out of outstanding legal issues for the smooth transformation of the Pan-African Parliament. 3.2.6 Inadequate Funding The Protocol states clearly that the Parliament’s annual budget is embedded in the AU budget. The budget of the PAP is prepared with regards to the financial rules of the AU and subject to the approval by the Assembly of Heads of State and Government. This continues until the PAP is vested with legislative authority. As a result, the spending ability of the PAP is still at the whims and caprices of the Assembly who approves the budget. This system denies the Parliament the independence to prepare its own work plan based on its set priorities. Frequently, the budgetary recommendations of the PAP are not admitted because they are deemed to be exorbitant. According to Mashele, in 2004, the total budgetary requests for the PAP stood at about 21 million Unites States Dollars but the AU revised it drastically down to just 10 million. 19 52 University of Ghana http://ugspace.ug.edu.gh The funding challenge demoralizes members and compromises the effective conduct of parliamentary business. Again, member states directly bear the expenses for the participation of their members in terms of their air tickets, per diem and sitting allowances. This creates disparities in the financial benefits to individual members since how much they get is dependent on the financial capabilities of their respective countries. In contrast, Members of the Ghanaian delegation note the European Parliament (EP), on the other hand, has a significant and wider budgetary power and independence. The Council and the European Parliament share the budgetary authority in the same way they share the legislative power.20 The EP is able to articulate its priorities through the exercise of its budgetary powers because it has the final say on most spending in the yearly budget. For instance, the EP could decide to spend on the less prosperous regions of the EU or to spend on training aimed at reducing unemployment. The EP also has the powers to reject the budget of the EU if it considers it not to have met the Union’s priorities. The Pan-African Parliament deserves to attain this budgetary power because it is instrumental to the existence of any meaningful parliament either national or regional. 21 The fact that the AU Assembly of Heads of State and Government controls the entire budget of the AU puts a limit on the freedom of the PAP to prepare its own work plans. This further limits the Parliament’s ability to undertake critical study and oversight tours. This marginalizes the institution and thwarts its ability to hold the Executive accountable since it depends on the same Executive to finance the conduct of its operations. The inability of the PAP to control its own budget as well its inability to exercise oversight over the AU budget proves further the limitations to the Parliament’s effectiveness and efficiency. 22 The challenge 53 University of Ghana http://ugspace.ug.edu.gh emanating from funds affects debates on issues by the PAP due mainly to lack of resources to extend sessions. This notwithstanding, the operations of the PAP receives additional funding from donor agencies such as the African Development Bank (AfDB), United Nations Development Programme (UNDP), World Bank (WB) and the International Monetary Fund (IMF). They are occasionally, criticized as wielding external influence in African affairs. 3.3 Achievements of the Pan-African Parliament It must be noted that unlike its European counterpart, ten years into the life of the PAP, it has not yet been vested with the needed legislative, oversight and budgetary powers that a true Parliament must possess. Without legislative authority, the role of the PAP remains ambiguous since it has only consultative and advisory powers as enshrined in its protocol. Nevertheless, the PAP has brought together for the first time in the history of the continent legislatures from all over Africa who would otherwise not have a common platform to deliberate on matters of the continent by the method adopted by the PAP. 23 Indeed, this thought is true in view of the fact that the PAP is the first of its kind on African soil and serves as a medium where citizens with diverse political, social, ethnic and religious inclinations converge to deliberate on issues of core interest to African countries and make inputs that governments could consider in policy formulation. Even without legislative powers, the PAP in the last decade has displayed its readiness to be an instrumental player in the regional politics of African. 24 Ambrose Dery indicates that, the Parliament’s achievements are basically political and institutional. In its First Session, the PAP was able to create an organizational chart with the entire workforce shown in the hierarchy. Other functional successes include the adoption of the 54 University of Ghana http://ugspace.ug.edu.gh Rules of Procedure and the fact that work plans have been developed for the Parliament to start operations despite the limited capacity. 25 A meaningful study of the achievements of the PAP should take cognizance of the underlying objectives that informed its establishment. The objectives of the PAP largely hinges on the promotion of the values of democracy and human rights and to advance good governance in Africa. The objectives also cover the areas of cooperation and economic development of the continent. With these objectives in mind, the PAP has engaged in sending observer missions to conflict zones, monitoring elections, fact finding missions to member states and passing resolutions and recommendations to the AU Authority and Assemblies of Heads of States and Governments. The PAP in line with its mandate partners with the AU Commission and deploys Members of the Parliament to Election Observation Missions (EOMs) in different parts of the continent. Recently, Members of the PAP took part in EOM in Angola, Ghana, Senegal, Equatorial Guinea and Kenya. Noticing that most conflicts in Africa are now arising from disputes of election results, the PAP intends to undertake pre- and post-oversight missions to Member States planning to or have undertaken their elections to guarantee peace and security. 26 According to Malik Yakubu, Members have played a critical role in the fulfillment of the Parliament’s obligation of promoting peace and security in Africa by advocating the sending of fact-finding missions to countries experiencing security and human rights challenges such as Darfur-Sudan, Central African Republic, Mauritania, Libya, Tunisia, Saharawi Republic, Côte d’Ivoire, Sierra Leone and Liberia. In these countries, the PAP has collaborated with the various factions and interest groups on the ground and issued reports, resolutions and recommendations to the Plenary of the PAP for consideration. The most recent being the report of the oversight 55 University of Ghana http://ugspace.ug.edu.gh mission to Mali. The report presented recommendations to the AU on how to resolve the border crisis between Sudan and South Sudan and the debilitating crisis in Mali. 27 Again, the PAP has constantly called for the resolution of the Western Sahara dispute and in its May 2013 session devoted time to understand the humanitarian aspect of the dispute by inviting a special envoy from Western Sahara to make a presentation to the Parliament. The presentation enlightened Members of the PAP about the humanitarian dimension of the Western Sahara, thus the call by Members for a speedy resolution of the dispute. Based on its mandate the Parliament has made enormous impact towards the enhancement of democracy in Africa. The continent’s protracted history of institutional uncertainty severely underlines the necessity for the Parliament to take steps that will firm up in all Member States institutions and culture of democracy, transparency, Rule of Law and good governance. The PAP pursued the ratification of the Charter on Democracy, Elections and Good Governance adopted by the African Union. PAP embarked on the campaign in conjunction with the AU at the end of 2010 and it finally culminated in the requisite number of ratifications in February 2014. The Charter seeks to engender the promotion and consolidation of peaceful elections, human rights, the rule of law and democratic governance on the African continent. Dery, Yakubu and Nitiwul touted the instrumentality of the PAP in promoting gender equality and affirmative action for women across Africa as a significant achievement. The PanAfrican Parliament holds an Annual Women’s Conference where issues of gender are deliberated upon in order to promote equality and address the existing gender imbalances in the development of Africa. The Women’s Conference recommended the inclusion of a provision in the proposed amended Protocol of the PAP requiring that the five members from National Parliaments to the PAP shall be composed of two or three persons of either gender. This when ratified would be an 56 University of Ghana http://ugspace.ug.edu.gh improvement on the prevailing arrangement where it is recommended for an inclusion of at least one woman in the Membership of each Member State. They argue that the PAP takes seriously the inclusion of the female voice in decision making. In their view no organisation, group or nation can afford to marginalise half of its population or membership in the essential decision making processes without paying a hefty price. The African Continent is facing numerous challenges, as such, the incredible potential of African women should not be left out in decision making. In order to engage more women in decision making political parties in Africa ought to make sure that women are well represented in its institutional structure. Nitiwul posits that women should be supported to participate in governance at the local because this serves as an avenue for training to appropriately equip them for national decision-making positions. There would be more women in elected offices if women are socialised to vote for their fellow women because in every election, they constitute majority of voters. The PAP in fulfilling its objective of contributing to a more prosperous future for the peoples of Africa by promoting collective self-reliance and economic recovery organized a highlevel, Africa-wide consultative meeting to chart the post-2015 Millennium Development Goals (MDGs) Agenda. The outcome became known as the African position on the MDG Agenda post 2015. The high-level meeting, which was also supported by the UN, resolved that African solutions for African problems with external support are needed to enable Africa to stand on its feet. The PAP continues to make progress in many areas such as health and building stronger ties with Regional Parliaments. On the sidelines of the 19th Summit of Heads of State and Government of the AU in Addis Ababa, Ethiopia between July 9 to 16, 2012, the PAP signed a memorandum of understanding with the Joint United Nations Programme on HIV/AIDS 57 University of Ghana http://ugspace.ug.edu.gh (UNAIDS) calling for strategic partnership to advance sustainable responses to HIV as well as address key human rights challenges in Africa. 28 As discussed above, this chapter delved comprehensively into the existing prospects of the PAP as seen in the resurgence in the spirit of Pan-Africanism among Africans and the potential for cooperation with other supranational parliaments gives room for optimism for the success of the PAP. However, there are a myriad of challenges that the Parliament encounters relative to funding, publicity and a weak institutional capacity. This notwithstanding, the chapter highlighted some achievements of the PAP in the area of structural and administrative enhancements to issues of maintenance of peace and security through Election Observer Missions and attempts at gender equity. However, Ghanaian Members of the PAP indicated that it will take some time before the success rate of the PAP can be practically measured. 58 University of Ghana http://ugspace.ug.edu.gh ENDNOTES 1 Mpanyane, Saki, Occasional Paper 181, Transformation of the PAP: A Path to a Legislative Body, March, 2009.http://www.issafrica.org/index.php?link_id=7533&link_type_12&link_12&tmpl_id=3 accessed on 26/05/2015. 2 Ibid. 3 Report of the Representatives from the Parliament of Ghana to the Pan-African Parliament on the 5th Ordinary Session of the Third Parliament of the Pan-African Parliament held from 13th to 24th October, 2014 in Midrand, South Africa. 4 Ibid. 5 Afedo, C.R. Towards a People Centered African Union: History, Prospects and challenges, Institute of DemocraticGovernance.http://www.enghana.org/publications/dpcs/tpwards%20%20peoplecentred%20AU%20%20history%20challenges%20and%20prospects.pdf accessed on 26/05/2015 6 Interview with Dominic Nitiwul, Member of the PAP for Ghana, Accra,10/06/2015. 7 Interview with Ambrose Dery, Former Member of the PAP for Ghana, Accra,03/06/2015. 8 Interview with Malik Alhassan Yakubu, Former Vice President of the PAP for Ghana, Accra,06/06/2015. 9 http://www.pambazuka.org.aumonitor/comment/2294/ 10 Interview with Ambrose Dery, op. cit. 11 Olson, W.C., Theory and Practice of International relations, New Jersey: Prentice Hall, 1994. 12 Interview with Dominic Nitiwul, op. cit. 13 Ibid. 14 Ibid. 15 Interview with Malik Alhassan Yakubu, op. cit. 16 “Celebrating 10 Years of the Pan-African Parliament”. blog.pan-africanparliament.org/celebratin… accessed on 03/10/2014. 17 Mpanyane Saki, op. cit. 18 Mashele P. “The PAP With Legislative Powers: What will happen?” available at http://www.issafrica.org/index.php?link_=21&slink_id=3686&link_type=12&_type=12&tmpl_id=3 accessed on 26/05/2015. 19 Ibid 20 Interview with Malik Alhassan Yakubu, op. cit. 21 Ibid 22 Gerhard, H. “The PAP: Is the Glass Full or Half Empty?” ISS Occasional Paper 168: http://www.issafrica.org accessed on 26/05/2015 23 Mashele P. op. cit. 24 Mashele P. 2005a. “The 3rd Pan African Parliament Session: First Teeth of a Child or the Roaring of a Tamed Lion?” The Sowetan, 5 April 2005. 25 Interview with Ambrose Dery, op. cit. 26 Celebrating 10 Years of the Pan-African Parliament, op. cit. 27 Interview with Malik Alhassan Yakubu, op. cit. 28 blog.pan-fricanparliament.org/…content…,/ accessed on 31/10/2014. 59 University of Ghana http://ugspace.ug.edu.gh CHAPTER FOUR SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 4.0 Introduction This chapter summarises the findings of the study and draws conclusions from them. The chapter also makes some recommendations for the Pan-African Parliament. 4.1 Summary of Findings The hypothesis for this study is that the current mandate of the Pan-African Parliament inhibits the performance of its functions. The study revealed that the objectives of the PAP, generally is to facilitate the effective implementation of the policies and objectives of the African Union and the African Economic Community. From the study, the specific objectives of the PAP are relevant to meeting the existing challenges that confront Africa in its quest for integration and economic development. The study noted in principle that, the objectives of the PAP are attainable in view of the fact that its formation coincided with the time when a lot of African countries have demonstrated the political will to embrace democratic development. However, the study observed that the extent to which the PAP can attain its objectives hinges to a greater extent on the on the mandate and organisational structure of the PAP. A critical examination of the current mandate of the Parliament revealed that the PAP would not be able to achieve its objectives. This is because the mandate of the Parliament is still shrouded in ambiguity even after a decade of its establishment, against the backdrop that it was to be granted legislative authority after five years of operation as enshrined in the Protocol 60 University of Ghana http://ugspace.ug.edu.gh establishing the PAP. The efforts toward vesting the PAP with legislative powers have been very slow in view of the lack of effective collaboration between the Parliament and the AU Assembly. The Assembly of Heads of State and Government are hesitant in granting legislative authority to the Parliament given the implications on the national laws and sovereignty of Member States. However, it is refreshing to note, that steps have been taken to grant the PAP the needed legislative powers to enhance its performance. Again, it is imperative that the African Court of Justice is well positioned and re-aligned with the changes resulting from the legislative powers of the PAP so that it has the required locus standi to make the Parliament’s resolutions binding on the Union and its organs and institutions. The study further revealed that the existing traditional Westphalian Sovereignty militates against the smooth operation of the Parliament. This should be reconsidered to enable the PAP to effectively operate to make continental integration a reality. With the emergence of relatively strong civil society and the increasing desire of Africans to participate in Africa’s integration process, African Heads of State and Government must adhere to this by easing their strong hold on State Sovereignty. This would have given credence to their commitment and willingness to act decisively on common problems and to seek broad based solutions to Africa’s development dilemmas. Anything less will see Africa continue to be relegated to the background in international politics and lag behind as far as development is concerned. This study revealed that the PAP could be the common platform for Africans to rally round, deliberate and work out acceptable solutions to continental problems. The Parliament as it stands now does not possess the requisite powers capable enough to make any meaningful headway in Africa’s march towards unity and integration. 61 University of Ghana http://ugspace.ug.edu.gh Dominic Nitiwul, a Ghanaian Member of the PAP, Malik Yakubu and Ambrose Dery, both former Members of the Parliament, expressed cautious optimism in the ability of the PAP to attain its objectives. They believe that it will take a lot of political will on the part of Member States to change the mandate of the PAP from its present advisory role to a legislative authority. They indicated that a lot of Member States do not take the implementation of decisions of regional organisations seriously; therefore, it will take some time before the success rate of the PAP can be practically measured. Furthermore, any attempt towards vesting the PAP with legislative authority must clearly stipulate the exact issues the PAP could legislate on and how it will relate with other organs of the Union. The study observed, that, the granting of legislative powers to the Pan-African Parliament must also see the strengthening of its oversight powers and functions. This will make it a real Parliament that can serve as a check on the Assembly and vice versa to guarantee transparency and accountability in the governance structure of the AU. Again, the study noted that the setting up of an internal audit will strengthen accountability in the framework of the PAP. The study further revealed that while these are arrangements intended to facilitate the operations of the Parliament, it could also serve as a benchmark of good governance to be emulated by Member States of the African Union. Also, the study revealed that, the broad administrative and procedural structure of the PAP could enhance the attainment of the objective of facilitating the effective implementation of the policies and objectives of the AU. 4.2 Conclusions The transformation of the Organisation of African Unity (OAU) to the African Union (AU) reflected the desire by African leaders for a deeper integration and a prosperous continent 62 University of Ghana http://ugspace.ug.edu.gh albeit in the not too distant future. In March 2014, the Pan-African Parliament (PAP) completed its first decade with some accomplishments, regardless of the several challenges facing it. As stated in its objectives, the PAP seeks to play many roles in the continental politics of Africa. Among others, the Parliament is tasked to lead the drive for the consolidation of the basic tenets of democracy, such as good governance, transparency, accountability, and respect for fundamental human rights, sustainable development and ultimately continental integration which will result in a Union Government and a United States of Africa. The establishment of the PAP reiterates the call for the people of Africa to fully participate in the attaining the developmental objectives set for Africa. The PAP has made efforts in the resolution of conflicts in Africa, especially, those that are election related by sending fact finding missions to such areas and presenting reports to the AU Assembly in that regard. This research discussed the fact finding and Election Observer Missions that the PAP dispatched to countries such as Darfur Sudan, Kenya, Liberia and Kenya. Nevertheless, the PAP is confronted with challenges requiring urgent attention in order to make it a real legislative institution. This study concludes that the Pan-African Parliament after a decade of operation, should see a boost in its institutional capacity through the vesting of the requisite legislative powers so that it can play its role in Africa’s continental politics. Its current status is symptomatic of an institution best described as a toothless bulldog. Despite its well laid administrative structure, as it is now, it still requires the full commitment and backing of African leaders through the release of a certain amount of sovereignty for the PAP to function effectively and efficiently. Every possible step needs to be taken for the Parliament to accomplish its specified vision of serving as a platform for the people of Africa to be involved in decision making on their common problems instead of being a platform for the drinking of coffee and tea. This is the appropriate time for 63 University of Ghana http://ugspace.ug.edu.gh Africa to deepen democracy, responsive governance, unity, peace and sustainable development. The Pan-African Parliament as a representative organ of the people can serve as the best avenue to engender Africa’s integration agenda. 4.3 Recommendations In order for the Pan-African Parliament to be successful in performing its functions, the Protocol must be revised and amended so that it is vested with explicit legislative powers. Learning from the EP example, even if not comprehensive as a starter it should be specific to the areas set out in the objectives of the PAP such as human rights, security, elections and issues mutual to the future of the continent. This requires harmonisation of the Union’s legal mechanisms, principles, guidelines and strategies to give the needed legitimacy to enforce its decisions. Whereas the Assembly of the Union acts as executive arm, the Pan-African Parliament ought to function as the legislature with the African Court of Justice operating as the judicial arm. This enforces the basic democratic principle of the separation of powers, checks and balances where the three organs of government exist and complement each other. It is within this context that the AU should expedite action on instituting an African Court of Justice to give legal backup to Parliament in enforcing its decisions. Furthermore, citizens of Africa should be sensitized more about the existence of the PanAfrican Parliament. As it stands now, a huge number of Africans do not know about the existence of the PAP. Thus, the PAP needs to increase its visibility in member states to 64 University of Ghana http://ugspace.ug.edu.gh make relevant its touted vision of being a platform for all African citizens to participate in continental politics. Having offices within national parliaments and gradually spreading across all regions and districts within member states is the most appropriate option to pursue in order to leverage its presence. As an inclusive representative organ of the AU the Parliament should at regular intervals seek public inputs into issues tabled for deliberations. This will inform the PAP about grassroots and national positions on matters of concern to the continent. This also serves as a means by which the grassroots could approach the PAP as an avenue for the ventilation of grievances. In addition, the current mode of selecting members into the PAP through National Parliaments from member states has been seen to be a compromise on the legitimacy and independence of the PAP Members. Nomination of Members by National Assemblies should be substituted by direct elections based on Universal Adult Suffrage taking cognizance of the population size of each member state to ensure fair representation. Moreover, the current status of the PAP does not equip it with the necessary control over the budget of the Union. Even making recommendations on its budget is most often shot down. This affects the effective implementation of the plan of action of the Parliament. This requires an amendment to the Protocol of the PAP to give it much control over the entirety of the AU budget as a true legislative body. The PAP should also explore other creative avenues for raising funds for its operations. 65 University of Ghana http://ugspace.ug.edu.gh Though there is an existing relationship between the PAP and other parliaments, this should be enhanced. The PAP’s partnerships with other external Parliaments like the EP should be strengthened so that the PAP can rake in more technical support. 66 University of Ghana http://ugspace.ug.edu.gh BIBLIOGRAPHY A. BOOKS Erskine, May, Treaties on the Law, Privileges, Proceedings and Usage of Parliament, 22ND Ed., (London: Butterworths, 1997). Kreppel, Amie, The European Parliament and Supranational Party System, A Study in Institutional Development, University of Florida, Gainesville, (Cambridge University Press), 2002. Olson W.C. Theory and Practice of International Relations, New Jersey: Prentice Hall, 1994. Van Walraven, K., Dreams of Power: The Role of the Organization of African Unity in the Politics of Africa, 1963-1993, (Aldershot, Ashgate, 1999). B. JOURNAL ARTICLES/ NEWSPAPERS Ambassador Goodwyll B.G. “The African Union and the Pan-African Parliament” In Ghana’s Foreign Policy Options, (Accra: LECIA Publications, 2002). Asante, K.B., “African Union” in the Daily Graphic, Wednesday July 9, 2003. Fukuyama, Francis, “The End of History”, The National Interest, Vol 1, No 3,645-671, 1989. Gassama, MIS, “The African Union: A Veritable Progeny of Pan-Africanism” in AU ECHO Special Edition for the 20TH AU Summit, Issue 05, January 27, 2013. Keohane, Robert O. 1993a. “The Diplomacy of Structural Change: Multilateral Institutions and State Strategies”. In America and Europe in an Era of Change, eds. Helga Haftendorn and Christian Tuschhoff. Boulder, Colo.: (Westview Press). Keohane, Robert O. and Martin, Lisa L.. “The Promise of Institutionalist Theory”, International Security 20(1), 1995. Mashele P. 2005a. “The 3rd Pan African Parliament Session: First Teeth of a Child or the Roaring of a Tamed Lion?” The Sowetan, Vol. 112 (7), 5 April 2005. Mearsheimer, John J. “The False Promise of International Institutions”, International Security, 19(3), 1994/95. 67 University of Ghana http://ugspace.ug.edu.gh Navarro, J. “The Creation and Transformation of Regional Parliamentary Assemblies: Lessons from the Pan-African Parliament”, The Journal of Legislative Studies, Vol. 16, No.2, June, 2010. ISSN 1357-2334 print/1743-9337. C. DOCUMENTS Constitutive Act of the African Union, Basic Documents of the Pan African Parliament, PanAfrican Parliament, compiled by the PAP Documentation Unit, August, 2006. Final Draft of AU and Mission of the AU Commission Prepared by Office of the Chairperson of AU Commission, March, 2004. Navarro J, The Pan-African Parliament in the Strategic Partnership between the EU and Africa: winner or loser? Paper presented at the GARNET Conference “The European Union in International Affairs”, Brussels, 24-26 April 2008. Nzomo, M., “From the OAU to the AU and NEPAD”, Paper Presented at the Regional Strategy Meeting on Women’s Political Participation in the AU and NEPAD, Nairobi, 27 – 31, October, 2003. Ogochukwu Nzewi, “Rapid or Incremental Change?, Assigning Greater Legislative Powers to the Pan African Parliament”, Centre for Policy Studies, Johannesburg, March 2010. “Protocol to the Treaty Establishing the African Economic Community Relating to the Pan African Parliament”, Basic Documents of the Pan African Parliament, August, 2006. Report of the Representatives from the Parliament of Ghana to the Pan-African Parliament on the 5th Ordinary Session of the Third Parliament of the Pan-African Parliament held from 13th to 24th October, 2014 in Midrand, South Africa. “Rules of Procedure Adopted by the Pan-African Parliamen”t on 21st September, 2004, Basic Documents of the Pan-African Parliament, August, 2006. Rule, S.P., “Options for the Composition of the Pan-African Parliament” in Genge, M., Kornegay, F. and Rule, S.P. ‘African Union and Pan-African Parliament Working Papers’, Africa Institute of South Africa, Pretoria, October, 2000. The Organizational Structure and Human Resource Requirement of PAP at Midrand South Africa. (PAP/Doc/4th Session/Decision 2), 21st January, 2005. The Pan-African Parliament (PAP) Strategic Plan 2006-2010. 68 University of Ghana http://ugspace.ug.edu.gh D. INTERNET SOURCES Afedo C. R., Towards a People Centered African Union: History, Prospects and challenges. Institute of DemocraticGovernance.http://www.enghana.org/publications/dpcs/tpwards%20%20peoplecentre d%20AU%20-%20history%20challenges%20and%20prospects.pdf accessed on 26/05/2015. Bonifacio, A., “PAP to Strengthen Democracy and Prosperity”, 2001, www.sardc.net/editorial accessed on 18/02/2015. Celebrating 10 Years of the Pan-African Parliament,blog.pan-africanparliament.org/celebratin… accessed on 03/10/2014. Goal 3 of the UNMDGs, http://unstats.un.org/unsd accessed on March 24, 2015. Van Walvaren, Klaas, “From Union of Tyrants to Power to the People? The Significance of the Pan-African Parliament for the African Union” Africa Spectrum, Vol. 39, No. 2 (2004), pp. 197221, Published by: Institute of African Affairs at GIGA, Hamburg/Germany Stable URL: http://www.jstor.org/stable/40175022 accessed: 15/04/2015. Gerhard H. “The PAP: Is the Glass Full or Half Empty?” ISS Occasional Paper 168: http://www.issafrica.org accessed on 26/05/2015. http://www.pan-africanparliament.org/aboutpap_history.aspx http://www.au.int/en/organs/pap accessed on 08/07/2015 Mashele P. The PAP with legislative powers: What will happen? http://www.issafrica.org/index.php?link_=21&slink_id=3686&link_type=12&_type=12&tmpl_i d=3 accessed on 26/05/2015. Mohammed Nuruzzaman, Liberal Institutionalism and Cooperation in the Post-9/11 World, Department of Political Science, University of Alberta www.cpsa-acsp.ca/papers2006/nuruzzaman.pdf accessed on 18/02/2015. Mpanyane Saki, Occasional Paper 181, March, 2009, transformation of the PAP: A path to a legislativebody.http://www.issafrica.org/index.php?link_id=7533&link_type_12&link_12&tmpl id=3 accessed on 26/05/2015. Sharkdam Wapmuk, “In Search of Greater Unity: African States and the Quest for an African Union Governmen”t, Journal of Alternative Perspectives in the Social Sciences ( 2009) Vol 1, No 3,645-671, p646, www.japss.org/.../6._wapmukarticle.pdf accessed on 17/03/2015. www.pambazuka.org/index.php?issies=148 accessed on March 24, 2015. 2014 Africa Regional Overview by the Amnesty International, https://www.amnesty.org/en/countries/africa/report-africa/ accessed on March 24, 2015. 69 University of Ghana http://ugspace.ug.edu.gh E. INTERVIEWS Interview with Ambrose Dery, Former Member of the PAP for Ghana, Accra,03/06/2015. Interview with Malik Alhassan Yakubu, Former Vice President of the PAP for Ghana, Accra, 06/06/2015. Interview with Dominic Nitiwul, Member of the PAP for Ghana, Accra, 10/06/2015. 70 University of Ghana http://ugspace.ug.edu.gh APPENDICES APPENDIX A UNSTRUCTURED QUESTIONNAIRE FOR MEMBERS OF THE PANAFRICAN PARLIAMENT IN THE GHANAIAN PARLIAMENT 1. To review the goals and objectives of the Pan-African Parliament (PAP) within the context of a decade of its operation. a) How relevant are the objectives of the PAP to Africa’s integration agenda? b) Are the objectives of the PAP attainable? c) To what extent have the objectives of PAP been attained after a decade in existence? 2. To evaluate the institutional development and practical achievements of the PAP in the past ten (10) years (2004-2014). a) How relevant is the current mandate of the PAP to its institutional development? b) What are the practical achievements of the PAP after a decade of existence? 3. Examine challenges and prospects of the PAP as an organ of the AU. a) What are the challenges to the operations of the PAP after a decade of existence? b) What are the prospects of the PAP going forward in the framework of AU integration agenda? 4. Proffer recommendations towards enhancing PAP’s institutional effectiveness and competence. a) Looking back after 10 years, what recommendations will you give to enhance the operations of the PAP? 71 University of Ghana http://ugspace.ug.edu.gh APPENDIX B Article 12 - Rules of Procedure and Organization of the Pan-African Parliament 1. The Pan-African Parliament shall adopt its own Rules of Procedure on the basis of a twothirds majority of all its members. 2. The Pan-African Parliament shall elect, at its first sitting following its election, by secret ballot, from among its members and in accordance with its Rules of Procedure, a President and four (4) Vice Presidents representing the Regions of Africa as determined by the OAU. The election shall, in each case, be by simple majority of the members present and voting. 3. The terms of office of the President and the Vice-Presidents shall run with the National Parliament or the deliberative organ which elects or designates them. 4. The Vice-Presidents shall be ranked in the order of first, second, third and fourth initially, in accordance with the result of the vote and subsequently by rotation. 5. The President and the Vice-Presidents shall be the Officers of the Pan-African Parliament. The officers, under the control and direction of the President and subject to such directives as may be issued by the Pan-African Parliament, shall be responsible for the management and administration of the affairs and facilities of the Pan-African Parliament and its organs. In the discharge of their duties, the Officers shall be assisted by the Clerk and the two Deputy Clerks. 6. The Pan-African Parliament shall appoint a Clerk, two Deputy Clerks and such other staff and functionaries as it may deem necessary for the proper discharge of its functions and 72 University of Ghana http://ugspace.ug.edu.gh may by regulations provide for their terms and conditions of office in accordance with the relevant OAU practice as appropriate. 7. The President shall preside over all Parliamentary proceedings except those held in committee and, in his or her absence, the Vice-Presidents shall act in rotation, in accordance with the Rules of Procedure which shall also deal with the powers of the person presiding over Parliamentary proceedings. 8. The Office of the President or Vice-President shall become vacant if he or she: a) dies; b) resigns in writing; c) is unable to perform his or her functions for reasons of physical or mental incapacity; d) is removed on grounds of misconduct; e) ceases to be a Member of the National Parliament or other deliberative organ; f) is recalled by the National Parliament or other deliberative organ; or g) ceases to be a Pan-African Parliamentarian in terms of Article 19 of this Protocol. 9. Removal on the grounds stipulated in 8 (c) or (d) above shall be on a motion to be decided on by secret ballot and supported at the end of debate by two-thirds majority of all the Pan-African Parliamentarians. In the case of removal under the ground stipulated in 8 (c), the motion shall, in addition, be supported by a medical report. 10. A vacancy in the Office of the President or Vice-President shall be filled at the sitting of the Pan-African Parliament immediately following its occurrence. 11. The quorum for a meeting of the Pan-African Parliament shall be constituted by a simple majority. 73 University of Ghana http://ugspace.ug.edu.gh 12. Each Pan-African Parliamentarian shall have one vote. Decisions shall be made by consensus or, failing which, by a two-thirds majority of all the Members present and voting. However, procedural matters, including the question of whether a matter is one of the procedures or not, shall be decided by a simple majority of those present and voting, unless otherwise stipulated in the Rules of Procedure. In the event of an equal number of votes, the person presiding shall have a casting vote. 13. The Pan-African Parliament may establish such committees, as it deems fit, for the proper discharge of its functions and in accordance with its Rules of Procedure. 14. Until the Pan-African Parliament appoints its staff, the General Secretariat of the OAU shall act as its Secretariat. Source: Extract from the Protocol of the Pan-African Parliament 74 University of Ghana http://ugspace.ug.edu.gh APPENDIX C PAP’s COMMITTEES AND FUNCTIONS 1. The Committee on the Rural Economy, Agriculture, Natural Resources and Environment Functions of the Committee: 1.1 Consider the development of common regional and continental policies in the agricultural sector; 1.2 Assist the Parliament to oversee and assist with the harmonisation of policies for rural and agricultural development; and 1.3 Promote the development policy and the implementation of programmes of the African Union relating to natural resources and environment. 2. The Committee on Monetary and Financial Affairs Functions of the Committee: 2.1 Examine the draft estimates of the Parliamentary budget and submit to Parliament; 2.2 Discuss the budget of the Union and make appropriate recommendations; 2.3 Examine and report to Parliament on the problems involved in the implementation of the annual budget; and 2.4 Assist Parliament to execute its role of establishing sound economic, monetary and investment policies. 3. The Committee on Trade, Customs and Immigration Matters Functions of the Committee: 75 University of Ghana http://ugspace.ug.edu.gh 3.1 Consider matters relating to development of sound policy for cross-border, regional and continental concerns within the areas of trade, customs and immigration; 3.2 Assist the Parliament to oversee relevant organs or institutions and policies of the Union; and 3.3 Assist the Parliament to oversee external trade. 4. The Committee on Co-operation, International Relations and Conflicts Resolution Functions of the Committee: 4.1 Consider issues relating to the development of an efficient policy in matters of cooperation and international relations of the Parliament and the Union; 4.2 Consider the conventions and protocols linking the Parliament with regional and international institutions and report to the Parliament; 4.3 Carry out examinations on the revision of Protocols and Treaties of the Union; 4.4 Assist the Parliament in its efforts of conflict prevention and resolution. 5. The Committee on Transport, Industry, Communications, Energy, Science and Technology Functions of the Committee: 5.1 Consider issues relating to the development of transport and communications infrastructure; 5.2 Assist the Parliament to oversee the development and implementation of policies of the Union relating to transport, communication, science and technology and industry; 5.3 Consider issues relating to the use of science and technology for the development of the Continent; 76 University of Ghana http://ugspace.ug.edu.gh 5.4 Assist the Parliament to supervise the development policies and the Union implementation programmes for matters of industry, science, technology and energy. 6. The Committee on Health, Labour and Social Affairs Functions of the Committee: 6.1 Consider strategies and programmes for the improvement of the lives of African peoples; and 6.2 Consider issues relating to regional and international cooperation in strategic planning and implementation of social development and health policies and programmes. 7. The Committee on Education, Culture, Tourism and Human Resources Functions of the Committee: 7.1 Consider issues relating to the development of human resources in Member States; and 7.2 Assist Parliament to promote policy development and implementation of programmes of the Union relating to access to education, promotion and preservation of culture and tourism and human resource development. 8. The Committee on Gender, Family, Youth and People with Disability Functions of the Committee: 8.1 Consider issues relating to the promotion of gender equality; and 8.2 Assist Parliament to oversee the development of policies and activities of the Union relating to family, youth and people with disabilities. 9. The Committee on Justice and Human Rights Functions of the Committee: 77 University of Ghana http://ugspace.ug.edu.gh 9.1 Assist Parliament in its role of harmonising and coordinating the laws of Member States; and 9.2 Promote respect for and develop sound principles of freedom, civil liberties, justice, human and peoples' rights and fundamental rights within the Union. 10. The Committee on Rules, Privileges and Discipline Functions of the Committee: 10.1 Assist the Bureau in the interpretation and application of these Rules of Procedure; 10.2 Consider requests for waivers of immunity and discipline submitted under these Rules; 10.3 Consider proposals for the amendment of the Rules of Procedure; and 10.4 Consider cases of indiscipline referred to it. Source: Extract from the Strategic Plan of the Pan-African Parliament, 2006 - 2010 78
