The ADF III Symposium on the African Union

TALKING POINTS

By Ambassador Vijay S. Makhan,
Assistant Secretary General of OAU
3 March, Addis Ababa

• Introductory remarks.
  (Off text remarks & reference: Configuration of Symposium - timing- common terms and phrases used, questions asked since start of Symposium - e.g.: ownership, unity, solidarity, shared vision, integration, democracy, good governance, human rights, rule of law, political will, globalization etc, all of common parlance etc..)

• While speaking as an ASG of the OAU and therefore bringing forth to you the collective endeavour of Africa's premier institution in its transformation to the AU, I wish also to make bold and share with you some of my personal reflections about the institutional framework underlying this major and lofty enterprise of establishing the African Union; and hope that they would provoke an interactive dialogue leading to concrete conclusions and the tracing of clear trajectories which can inform the laying of the foundations of the AU.

• But perhaps I should predicate my reflections by underscoring the fact that certainly the decision to establish the African Union does not simply involve the setting up of new Organs or changing the nomenclature of the old ones;

• Indeed much as the setting up and operationalization of the Organs and Institutions are critical components of this momentous undertaking, in themselves, they do not constitute the essence and fundamental actions leading to the creation of the Union;

• If the desire were only to establish new or to improve on the existing OAU institutions, then it would have been superfluous to embark into creating the African Union. This could have been achieved through a Restructuring Exercise which indeed the General Secretariat and Member States, had already been actively engaged in until quite recently;

• The motivation for the African Union, as articulated by our Leaders in the Sirte Declaration, is appropriately enshrined in the Constitutive Act. The need for such an institution has further been expressed by the enthusiastic response of the Member States, when one takes cognizance of the fact that the Constitutive Act was signed, ratified and it entered into force in a historical record time. The continental leadership realized that there was a dire need to create a new momentum, and a new dynamism that would enable us to cope with the ever-increasing challenges of the 21^st Century as they unfurl daily on the international scene. The globalising world, our Leaders rightly concluded, would leave no possibility for any country, and lesser still any African country, to go it alone. Not grappling candidly and determinedly with the consequence of inaction, and thus further marginalizing the continent, would undermine and impede the realization of the ideals of unity and integration which had guided the founding fathers of the OAU.

• Therefore, and if only to that extent alone, the institutional framework of the African Union is not simply an ensemble of structures and organs which would exist on their own;

• Rather, I see it as a force, a dynamic power, in the hands of the African people, in our hands, moving along a clear trajectory, in pursuit of a common shared vision; (off text remarks)

• When our Leaders decided on the 9^th of September 1999 to establish an African Union in conformity with the ultimate objectives of the OAU Charter and the Treaty establishing the AEC; to accelerate the process of implementing the Treaty establishing the AEC; and to strengthen and consolidate the RECs as the pillars for achieving the objectives of that Community and realizing the envisaged Union, reference was being made to a new vigour, a revitalization, a different way of doing things;
  (off text remarks: If AU's priorities on political - economic fields, same as OAU - then difference do things differently)

• The challenge then is how to bring about this renewed vigour which builds on the Charter of the OAU and the Abuja Treaty, harness it in such a manner as to elevate the functioning of the Union, make it action and result-oriented and more importantly accelerate the outcome; (off text remarks)

• We, at the General Secretariat, have always asked ourselves the question as to how is the African Union going to be different from the OAU? How should the institutional configuration be operationalized so as to generate the acceleration and the elevated functioning that is so desired? (off text remarks)

• Yes, the Constitutive Act has provided for the Organs, powers, functions, objectives and principles. It has provided for a total of 17 Organs- from the Assembly; the Executive Council; the Pan-African Parliament; the Court of Justice; the Commission; the Permanent Representative Committee; the Specialized Technical Committees; the Economic, Social and Cultural Council; to the Financial Institutions;

• However, as our Leaders realized in Sirte II and also at the Lusaka Summit more work is needed in terms of setting up these institutions, launching them and initiating the operational momentum for change;

• A basic question that we have been conscious of throughout the past two years of implementing our Leaders' decisions has been: "What kind of Union does the Sirte Declaration and the Constitutive Act engender?"

• To use the words of a delegation in one of the Continental meetings: "we know what the African Union does NOT immediately engender. It is not calling for an immediate federation. It is not even calling for a confederation";

• But is it sufficient, constructive or even correct simply to say that it is "founded along the model of the European Union?" Or simply to say, "it is an aspirational union?" Or is it simply "an interstate Organization?" How different then is it from the OAU?
  (off text remarks: clichés in articles etc..)

• Or, may be while these questions are important at a conceptual level at this stage in terms of guiding our path; answers to them may be irrelevant because the African Union is neither of those. All we know is that its final destination is to unite the people of Africa;

• At the moment, we simply need to create a space for collective action; consolidate, enhance, and expand this space as we move along;

• At the level of creating this elevated and accelerated momentum the Constitutive Act has provided a more robust framework compared to that of the OAU and the AEC - and at the same time, it poses challenges;

• In the first place, the sheer number and scope of these Organs is an indication of a strong resolve to consult closely and work together at a Continental level. The challenge is: can that commitment and resolve be delivered by all the Member States;
  (off text remarks: associate all stakeholders, civil society, private sector, public sector - can we rid ourselves of differences - racial, ethnic, religious, regional, even national)

• Secondly, the architecture demonstrates a resolve to involve the people of Africa in determining their collective destiny in the Continent -but, is there a willingness and disposition towards that orientation?
  (off text remarks: what has been done to popularize - sensitize opinion, nationally, regionally, continentally since "proud proclamation" of AU? - especially at level of Member States)

• Thirdly, accepting to establish such Pan-African Financial Institutions as the African Central Bank, the African Monetary Fund, the African Investment Bank, as indeed a Court of Justice of the Union, gives a strong indication of a willingness to divest some sovereign authority over the given sectors to the Pan-African bodies. That, being an ultimate desire, how prepared are we at this point in time to start taking the necessary steps towards that end?
  (off text remarks: already tendency is to bring to the fore sovereign prerogatives - jealously guarded etc..)

• Fourthly, the institutional structure provided for in the Constitutive Act establishes a dynamic framework for providing vision, leadership and decision-making; for ensuring technical oversight and guidance; and for maintaining effective engagement and implementation in all spheres of the Continent's development. - How realistic is it to envision at this point in time that the various competences and Organs function without undue distortions so as to maintain continuously the collective interests of the Continent?
  (off text remarks : from experience - institutions of AU to be created being squeezed of space - tendency to deprive proposed AU institutions of elbow room to maneuvre effectively and efficiently etc..)

• And fifthly, and importantly as well, if not most importantly, the robust structure that is being envisaged and the increased engagement of the African Union will need a substantial increase of financial resources to sustain them. Whatever new avenues may be explored in terms of procuring additional resources, much of such resources has to come from Member States. How prepared are we to commit such funds and on a regular basis?
  (off text remarks) - I pose this particular question, not out of cynicism but rather in full knowledge of the fact that at this point in time, on the eve of the 75^th Session of the OAU Council of Ministers, some US$ 55 m. are recoverable from Member States as arrears of contributions accumulated over the last so many years!
  (off text remarks: issue of Human resources - quantity but quality also - brightest citizens - remuneration etc...)

• An equally critical challenge, apart from the overall structure provided for in the Constitutive Act is the sequencing of the construction, of the various institutions of the Union, an exercise that will be defined by the logic of the process of integration;

• The vision of constructing the AEC was predicated on the assumption that Africa would go through the progressive stages of establishing, first, a preferential or free trade area to be followed by the creation of a customs union, an economic common market, an economic community, and, as the ultimate stage, a political union. (off text remarks)

• The decision to establish the African Union immediately was a deliberate attempt to circumvent the slow, incremental process envisaged in Article 6 of the Abuja Treaty, which was scheduled to cover a transitional period not exceeding thirty-four years!
  (off text remarks: accelerate process of integration etc..)

• The challenge is how to determine the logic of this accelerated process of integration in order to appropriately sequence the institutional structure?

• The logic of integration also has a bearing in terms of developing the institutional linkages between the Regional Economic Communities and the African Union on the one hand, and the dynamic of sub-regional integration which in certain cases seems to be quite advanced as opposed to that of the Continental level;
  (off text remarks: what has obtained up to now - relations with RECs, little impact - Protocol on relations between AEC and RECs - Meeting of Chief Executives of OAU/ECA/ADB proforma; proliferation of RECs - u sustainability, setting up of PASU etc..)

• · But while we embark on this enterprise, I need to sound a word of caution, principally to some of our partners who appear to be under the impression that there is a parallel institution that is being established concurrently with the African Union - that is NEPAD. Let me say in no uncertain terms that the NEPAD initiative is very much part and parcel of the OAU. (off text remarks: OAU Lusaka endorsement; impatience being demonstrated in certain quarters - not expect things to change overnight! EU still being constructed etc..)

• In conclusion, let me say that:

• The momentum so far attained in the movement towards the African Union, is irreversible. The critical factor is in which direction we want to take this momentum;

• The establishment of the AU may seem to be an ambitious project. Indeed it is, but it can be realized for so long as we all share its vision, demonstrate the courage of our conviction and approach its establishment with pragmatism;

• The launching of the framework for the African Union has to transcend the idiosyncrasies of the moment, personal or institutional - especially for us who have been historically privileged to contribute towards the shaping of this lofty embodiment;

• The process has to remain impersonal and to stand the test of time. We have to build the framework whose functioning will touch on the lives of the ordinary people in the villages and streets of our Continent;

• In the end, the real test is not the challenge of setting up the structures of the African Union, but rather that of creating the necessary conditions to enable en effective interaction among African people, and to demonstrate our courage by shedding certain sovereign prerogatives, albeit gradually, in favour of a Continental supra-nationality embodied in the African Union within the spirit of the Sirte Declaration and the vision of the Abuja Treaty.

• The AU is a mighty machine that will be set in motion come July this year. Where it will go will depend not only on those who have displayed the timely vision for such an enterprise but it will depend also and more importantly on the courage they demonstrate in agreeing to some tough compromises in setting its course.