Audit of the african union original: English the high level panel



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AUDIT

OF THE AFRICAN UNION


Original: English

THE HIGH LEVEL PANEL



Chairperson
Professor Adebayo Adedeji, CFR (Former United Nations Under- Secretary General and Executive Secretary of UNECA) (Nigeria)
Members
Ambassador Nana Effah-Apenteng (Ghana)

Dr. Frene Ginwala (South Africa)

Ambassador Vijay S. Makhan (Mauritius)

Dr. Makha Dado Sarr (Senegal)

Dr. Fatima Zohra Karadja (Algeria)

Professor Abdalla Bujra (Kenya)

Mr. Farhat Bengdara (Libya)

Madame Julienne Ondziel-Gnelenga (Congo)

Honourable Netumbo Nandi-Ndaitwah (Namibia)

Mr. Akere Tabeng Muna (Cameroon)

Dr. Hakim Ben Hammouda (UNECA)

Professor Adebayo Olukoshi (CODESRIA)


Resource-persons
Ms Laura Nyirinkindi (Uganda)

Mr Irungu Houghton (Kenya)

Dr Simon N'guiamba (Cameroon)

Dr Eddy Maloka (South Africa)

Dr Chaloka Beyani (Zambia)

Ambassador Layi-Kayode Iyanda (Nigeria)




FOREWORD




  1. The setting up of an independent High Level Panel of the Audit of the African Union by the Assembly of the Heads of State and Government of the African Union to undertake an audit review of the state of the union is a most historic initiative. It demonstrates the vision, courage and foresight of African leaders. Its wide and comprehensive terms of reference are symptomatic of the psychological paradigm shift that has occurred insofar as achieving the political and socio-economic unification of Africa is concerned. The desire to accelerate and fast track the process has become real and urgent. By taking this historic step to undertake a systematic examination and self-assessment of the performance of the African Union, African leaders have reasserted their collective self-reliance and have, once again, concretised the claim of Africa to own the twenty-first century.




  1. The Panel very much appreciates that it has been called upon to be part of this historic development. In order to convince the sceptics that there is indeed a determination for Africa to own the twenty-first century, the recommendations that have emerged from this historic audit are intended to revamp the Organs and Institutions of the Union so as to foster African unity and fast-track the political and economic process. The Panel, therefore, urges that they must be implemented fully and without delay. The Panel has been left in no doubt that this is indeed the intention of the Union Assembly. In this connection, the Panel sincerely hopes that its recommendation that the audit should from now on be undertaken every five years will be endorsed by the Assembly and implemented so that in 2012 another audit review will take place. By internalising periodic audit reviews, African leaders will show beyond doubt their conviction that the deliverance of Africa will not come from outside the continent but from within.




  1. The idea that somehow Africa’s deliverance from political fragmentation, socio-economic underdevelopment, poverty and disease, etc, will come from outside the continent has become so ingrained in official and public discourse that the decision that this audit review should be undertaken has come as a surprise to many, in and outside Africa. However, it has been widely welcomed by millions of the peoples of Africa because it portends a great future and a greater tomorrow. What remains now, in order that the sceptics and the cynics can be silenced permanently, is to embark immediately on the implementation of the recommendations.




  1. The Panel strongly urges that the implementation should also be inclusive and engage all the actors at all levels -continental, regional and national. By so doing, the ownership of the process would remain African.



  1. Finally, it is encouraging to note that, as stated in the Accra Declaration, there is a consensus that the ultimate objective of the African Union is the establishment of a Union Government. To assist in the monitoring of the progress in the march towards unification, benchmarks have been provided. They will serve as both a radar of hope and the barometer of progress.



  1. Without doubt, the transformation process needs to be accelerated most urgently, and this will not happen by chance. To join the rich world and do away with the toga of dependency, political, structural and economic transformation must take place. There must be a de-construction of the inherited political and economic architecture to make way for the constitution of a new indigenous socio-economic order based on the three pillars of the democratisation of the political and development process, national and continental collective self-reliance and the restitution of an African indigenous social democratic order. Without this, the promotion of African solidarity and acceptance of the oneness of the African humanity will be impossible to achieve. If the African Union that we seek is to become a reality, it must be a union of the peoples of Africa and not just a union of African States and Governments.



  1. Once again, my colleagues and I feel greatly honoured that we have been called upon to undertake this historic audit review and would like to place on record our sincere appreciation for the cooperation that we have received from the Chairperson of the Commission and all his colleagues and members of the staff. We are also grateful for the cooperation of all the Organs and the persons we have interacted with. Above all, we express, through the Chairperson of the Assembly, H.E John Agyekum Kufuor, President of the Republic of Ghana, our sincere appreciation to the Assembly for the confidence and trust placed in us.

Long Live Africa!




African Union

Addis Ababa

Ethiopia

December 18,2007


Adebayo Adedeji, CFR

Chairperson of the High Level Panel

of the Audit of the African Union



TABLE OF CONTENTS

THE HIGH LEVEL PANEL 2

FOREWORD 3

TERMS OF REFERENCE FOR THE AUDIT 7

ABBREVIATIONS AND ACRONYMS 11

EXECUTIVE SUMMARY 13

CHAPTER ONE: LOOKING BACK TO LOOK FORWARD-THE GRAND DEBATE ON THE UNIFICATION OF AFRICA 19

The Roots, Trajectories and Travails of Unity in the African World 19

Africa’s Resurgence for Freedom, Dignity and Unity 21

The March Towards the Creation of the OAU 22

The Performance Record of the OAU 23

Advancing African Unity Beyond the OAU in a Post-Cold War Global Era 24

The Birth of the AU 26

Defining Moments in Africa’s Long Quest for Unity and Integration 28

Africa at the Crossroads 31

CHAPTER TWO: ORGANISATION OF WORK AND METHODOLOGY OF THE AUDIT REVIEW 33

Organisation of Work 33

Methodology 34

chapter three: the constitutive Act: an instrument for the establishment of a united africa? 37

Contemporary Globalisation: Challenges and Opportunities for African Unity 39

CHAPTER FOUR: ASSESSMENT OF THE ORGANS OF THE UNION-THE ASSEMBLY, THE EXECUTIVE COUNCIL, THE SPECIALISED TECHNICAL COMMITTEES AND THE PERMANENT REPRESENTATIVES COMMITTEE 42

THE ASSEMBLY 42

The Mandate 42

Execution of Statutory Functions and Audit findings 43

Recommendations 48

THE EXECUTIVE COUNCIL 49

The Mandate 49

Execution of Statutory Functions and Audit Findings 50

Recommendation 53

THE PERMANENT REPRESENTATIVES COMMITTEE 54

The Mandate 54

Execution of Statutory Functions and Audit Findings 54

Recommendations 56

THE SPECIALISED TECHNICAL COMMITTEES 57

The Mandate 57

Execution of Statutory Functions and Audit Findings 57

Recommendation 59

CHAPTER FIVE: ASSESSMENT OF THE ORGANS OF THE UNION 60

THE COMMISSION 60

The Mandate 60

Execution of Statutory Functions and Audit Findings 62

Recommendations 64

Overview of Management in the Commission 65

Recommendations 67

Recommendations 71

Representation of Women and Gender Parity in the Staffing of the Commission 72

Recommendations 73

Official and Working Languages of the Commission 74

Recommendations 75

The Relationship with the Office of the Chairperson of the Assembly of the African Union 75

Recommendations 75

The Relationship with the Permanent Representatives Committee 75

Recommendations 77

Technical and Representational Offices and Specialised Agencies 78

Recommendations 80



Implementation of the Strategic Plan (2004-2007) 80

Recommendations 83

Impact of the Commission on the Policies, Resource Allocation and Regulatory Frameworks of Member States 83

Recommendations 85

Outreach of the Commission 86

Recommendations 90

Impact of the Commission on Africa’s Global Visibility and Assertiveness 92

Recommendations 94

CHAPTER SIX: ASSESSMENT OF THE ORGANS OF THE UNION: THE PAN-AFRICAN PARLIAMENT, THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS, THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS, AND THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL 95

THE PAN-AFRICAN PARLIAMENT (PAP) 95

The Mandate 95

Execution of Statutory Functions and Audit Findings 95

Recommendations 98

JUDICIAL ORGANS OF THE AFRICAN UNION 98

A: THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 99

The Mandate 99

Execution of Statutory Functions and Audit Findings 100

B: THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS 102

The Mandate 102

Execution of Statutory Functions and Audit Findings 103

Recommendations 104

THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL (ECOSOCC) 105

The Mandate 105

Execution of Statutory Functions and Audit Findings 106

Recommendations 109

CHAPTER SEVEN: ASSESSMENT OF THE PEACE AND SECURITY COUNCIL 111

Execution of Statutory Functions and Audit Findings 113

Conclusion 122

CHAPTER EIGHT: THE AFRICAN UNION AND ITS RELATIONSHIPS WITH THE UNITED NATIONS ECONOMIC COMMISSION FOR AFRICA AND THE AFRICAN DEVELOPMENT BANK 124

Trilateral Cooperation: The Mandate 124

Bilateral Cooperation: The Mandate 125

Recommendations 126

CHAPTER NINE: THE AFRICAN UNION AND ITS RELATIONSHIPS WITH THE REGIONAL ECONOMIC COMMUNITIES 128

The Mandate 128

Historical Background 128

The 1998 Protocol on Relations between the AEC and the RECs 130

Overview of the existing RECs 132

Structures and Functions of the RECs 138

Assessment of Structures 141

Assessment of the Activities of the RECs 142

Assessment of the Progress Towards Harmonisation and Rationalisation 143

Institutional Relations between the AU and the RECs 149

Recommendations 153

CHAPTER TEN: THE NEW PARTNERSHIP FOR AFRICA’S DEVELOPMENT 154

The Mandate 155

Execution of Statutory Functions and Audit Findings 156

Sectoral priorities 156

Resource Mobilisation 157

Integration of NEPAD into the African Union structures and processes 158

CHAPTER ELEVEN: FINANCING THE AFRICAN UNION AND MANAGING ITS RESOURCES 160

Financial Resources of the African Union 160

Analysis of Income and Expenditure 160

Budget Management and Procurement Procedures 162

Recommendations 167

Alternative sources of financing 168

Recommendation 170

CHAPTER TWELVE: THE IMPERATIVE OF INSTITUTIONAL DEVELOPMENT AND MULTIPLIER EFFECT OF THE AUDIT THE NEED FOR ROADMAPS AT NATIONAL, REGIONAL AND CONTINENTAL LEVELS 171

Roadmaps for Institutional Development 172

UNECA and AfDB 190

Recommendations Requiring Immediate Decision 193

CHAPTER THIRTEEN: THE IMPERATIVE OF INJECTING ACCELERATORS TO THE INTEGRATION AND TRANSFORMATION PROCESS 196

Free Movement of Peoples Across Borders 197

The development of transcontinental and inter-regional infrastructure 198

Multinational African firms as accelerators of Africa’s integration 199

Financial institutions as accelerators of Africa’s integration 201

Recommendation 202

CHAPTER FOURTEEN: BENCHMARKS TOWARDS AFRICAN UNITY AND INTEGRATION 203

Benchmarking the African Unity and Integration Project 203

Principal Benchmarks 203

Institutional Revamping 204

Internalising the Values of Pan-Africanism 205

A Union of the People 206

Free Movement of Peoples 207

Rationalisation of the RECs 207

Towards the African Common Market and the African Economic Community 208

Establishing Continental Financial and Monetary Institutions 208

Mobilising the African Entrepreneurial Elite for Unity and Integration 209

Monitoring Mechanism 209

CONCLUDING REMARKS 210

Appendices 212

INDIVIDUAL INTERVIEWS 212

African Union Commission 212

African Union Missions 213



C. ORGANIGRAMME OF THE AU COMMISSION 226

COMMISSIONER FOR POLITICAL AFFAIRS 228

COMMISSIONER FOR SOCIAL AFFAIRS 229

COMMISSIONER FOR ECONOMIC AFFAIRS 230


LIST OF TABLES
Table 1: Sessions of the Assembly of Heads of State and Government of the African Union

Table 2: Performance of Member States on Assessed Contributions

Table 3: Sanctioned Member States

Table 4: Sessions of the African Union Executive Council

Table 5 The Staff Gender Profile of the AU

Table 6: Gender Profile Categorised by Grade

Table 7: Citation of the AU in the Mass Media

Table 8: Citation of Members of the Commission in the Mass Media

Table 9: Status of Submission of State Reports to the ACHPR

Table 10: The RECs Recognised by the AU

Table 11: Other Regional Entities

Table 12: Organs and Institutions Of RECs



Table 13: Intra-REC Trade as a Percentage of total Trade in Selected RECs

Table14: Membership of States in the various Regional Economic Communities and other Entities

Table 15: Summary of the Approved Budget of the African Union

Table 16 Summary of the Peace Fund (Off Budget)

Table 17: AU Income Realisation (in US$ '000s)

Table 18: Expenditures on Travel within the AUC



Table 19: Panel Recommendations for the Elaboration of Roadmaps and Plans of Action
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