I. INTRODUCTION

- Was asked to present the theme on "Building an Effective African Union".

- Speak as OAU Official, on behalf of my institution.

• with OAU for more than 12 years: privileged to have been closely associated with OAU efforts and initiatives.
• I have attended the Sirte Extraordinary Summit, which produced the 9.9.1999 Declaration. Was part of the Ministerial Drafting Committee which prepared the draft .I was the Chairman of the Secretariat Task Force, which worked on the draft Sirte Declaration.
• As a member of the Leadership, I have been associated to all efforts since the Lome Summit which adopted the Constitutive Act.
• Organized the fist OAU/Civil Society conference in June 2001 (Follow-up)

- But I shall also speak as an African who strongly believes in the unity and solidarity of the African people, and the need for the involvement of the people in the building of the African Union.

- The question: from where to start?

II. THE 9.9.1999 SIRTE DECLARATION

- The Sirte Declaration did not come from nowhere. It was a result and culmination of a process.

- To avoid a long presentation, I shall start from the most recent beginning: the 9.9.1999 OAU Extraordinary Summit.

- I believe it is important to revisit the 9.9.1999 Declaration :

"As we prepare to enter the twenty-first century, and cognizant of the challenges that will confront our continent and peoples, we emphasize the imperative need and a high sense of urgency to rekindle the aspirations of our peoples for stronger unity, solidarity and cohesion in a larger community of peoples transcending cultural, ideological, ethnic and national differences.

In order to cope with these challenges and to effectively address the new social, political and economic realities in Africa, and in the world, we are determined to fulfil our peoples' aspirations for greater unity in conformity with the objectives of the OAU Charter and the Treaty Establishing the African Economic Community (the Abuja Treaty). It is also our conviction that our continental Organization needs to be revitalized in order to be able to play a more active role and continue to be relevant to the needs of our peoples and responsive to the demands of the prevailing circumstances.

Having discussed frankly and extensively, we decided to establish an African Union, in conformity with the ultimate objectives of the Charter of our continental Organization and the provisions of the Treaty Establishing the African Economic Community".

- I should point out that the Sirte Declaration was a compromise (explanation).

III. THE CONSTITUTIVE ACT OF THE AFRICAN UNION

• Sirte Declaration was received with scepticism both outside and within the continent as many could not believe that the OAU Member States can marshal sufficient political will and determination to put in place an effective African Union.
• Work started in earnest for preparation of Constitutive Act.
• We worked under pressure (African leaders were keen to sustain the momentum generated in Sirte)
• After a series of meetings of Experts/Parliamentarians/and Ministers, the Constitutive Act was adopted in July 2000 in Lome.
• No sufficient consultations were held with CSO's
• However time was considered to be of the essence to ensure that the African Union Project would not loose momentum and be jeopardized through prolonged consultations and that the African Union should crystallize quickly to become IRREVERSIBLE.
• Discussions on the draft were not easy: (recall in particular the Experts and Ministers Meetings in Tripoli)
• Constitutive Act which was adopted was again a compromise document. It was a combination of four approaches:
  • An update of the OAU Charter (removing obsolete provisions and keeping those still relevant).
  • Inclusion of the dynamics of the Abuja Treaty and the Organs it has provided for .
  • Inclusion of the new values developed within the OAU such as democratic and good governance values, condemnation and rejection of unconstitutional changes, Participation of Peoples in the activities of the Union and promotion of gender equality; and more significantly the right of the Union to intervene in Member States (principle of non indifference to counter balance the principle of non interference).
  • Inclusion of bold provisions suggesting supranational entity: Common policies of the Union including the common defence policy , compliance of all Member States to decisions of the Union, sanctions against Member States that are not complying with the decisions.
• All this makes the Constitutive Act an interesting legal and political framework, which, in my view, could be used effectively if it is considered in a progressive, dynamic andproactive approach.

IV. THE CHALLENGES OF ESTABLISHING THE AFRICAN UNION

• The African Union has raised lot of hopes and expectations both within and outside Africa. Yet, there remain a certain level of scepticism about our capacity to build a solid and effective African Union.
• I think we should be frank and say clearly that there is scepticism about the political will of African governments to drive this process towards its logical conclusion. There is a fear that they might take with one hand that they give with
• the other. I personally, believe that while the Constitutive Act is not a perfect document, (it cannot satisfy everyone), it nonetheless provides a political and legal framework for building an African Union.
• No one can hide the fact that the African Governments like any other governments in the world are usually cautious and prudent. We should remember that the attitude of European governments has not been different. But I am sure that there is a reasonable level of commitment of Member States to enable progress in the African Union.
• In order to build on that commitment, there is need to exert more pressure on our Member States to encourage them to take more courageous steps towards building an effective African Union.
• An effective African Union should not be an OAU with a different name. The African Union and its organs should be provided with powers, which can enable them act decisively in the interest of the African people and to enable the African Union to make a difference in the day-to-day life of the African people.
• I personally consider that the following issues need to be addressed as we strive to establish an effective African Union:

V. ADVOCATING FOR THE BUILDING OF AN EFFECTIVE AFRICAN UNION

1. Pooling sovereignty

I am of the view that if the intention is to move from the OAU to an effective African Union, the issue to sovereignty cannot be avoided. The issue of sovereignty is at the core of the transformation of the OAU to an effective African Union.Addressing the issue of sovereignty in one way or another, is therefore unavoidable. In its working document on the transformation, of the OAU into the African Union, the secretariat suggested the pooling of the sovereignty of Members States in some specific areas to start with. It was our considered view in the general Secretariat that such areas as environment, the fight against pandemics, external trade and food security deserve to belong to the community domain. In these and other areas our individual Member States, individually, cannot make any difference while in pooling their sovereignty , they can make impact. If the African Union was therefore to be qualitatively different from the OAU, we have to seriously consider the issue of pooling sovereignty .The community domain should be under the direct competence of the Assembly which can delegate its powers.

2. Powers and functions of the African Union organs

I am of the view that, in the elaboration of the implementation documents, the powers and functions of the various organs should be articulated further and strengthened to be consistent with the bold objectives and principles contained in the Constitutive Act. I am one of those who believe strongly that if the intention was to establish a strong and effective African Union, its organs should be entrusted with the necessary authority and powers to be able to accomplish the mission assigned to them. I, therefore, believe that the necessary powers and functions of the Organs, if they are not explicitly provided in the Constitutive Act, should be assumed and implied to reflect the spirit behind the Constitutive Act.

The case of the Commission: Unlike the assembly, the Executive Council and the committee of permanent representatives where national interests are expressed, the Commission is expected to be the embodiment of the Common will of the Member States. It should, therefore, be the driving force of the Union and hence be provided with the necessary powers and functions to execute the mandate expected from it (refer to the example of EU).

• I wish to seize the opportunity to make a general comment, which is inspired by my experience at the OAU. There is a tendency to assign huge responsibilities to the OAU and to expect it to deliver a lot while, at the same time, it is not provided with the minimum means to accomplish its missions. I know that this is the situation of many institutions both within and outside Africa, but it has been dramatic in the case of the OAU. If we want to establish an effective African Union, we should definitely change our attitude in this regard.

3. Resources

The issue of resources should be taken seriously. There is no miracle: An Organization can achieve its goals only if it has been provided with requisite resources both human and financial. The African union will succeed or fail depending on the resources which will be made available for its activities Member States should stand ready to bear additional cost to support the activities of the African  Union. The experience of governments, regional and continental Organizations has shown that institutions which are not provided with the necessary resources are not viable and credible, and institutions which depend on external assistance are not independent and reliable.

At the same time, we should however, realize that whatever the good intention of our Member States their capacity would remain limited, we should explore alternative additional means for financing the activities of the Union. The business community in Africa and the Civil society in general, should involve itself in resource mobilization.

4. Building the African Economic Community

The need to accelerate the establishment of the African Economic Community and accelerate the integration of the continent are the real dynamics of the African Union. In this context, the articulation of the relations between the African Union and Regional Economic Communities as the pillars of the community should be seriously addressed. The strengthening, coordination and rationalization of the Regional Economic Communities deserve particular attention. This issue has been adequately addressed by the ECA Executive Secretary during his opening statement.

5. Common values

I strongly believe that an effective African Union should be built on a solid ground and on a set of shared values in the areas of security, stability, development and cooperation. The EU construction has been possible only when the European countries agreed on common values to sustain their common endeavour . Unity based on geography cannot be sustained. Geography alone cannot bring about unity. (Give example of France and Germany)

• Refer to the CSSDCA process and NEPAD Initiative in the promotion of such common values.
• Culture of tolerance, peaceful and democratic succession in power and respect for human rights.

6. Enabling environment

• peace, security and stability: need to strengthen continental and regional mechanisms for conflict prevention, management and resolution (harmonize their activities and harmonize peace initiatives).
• Democracy and rule of law
• Facilitating free movement of peoples.

7. Participation of the African People and civil society

I believe that one of the major differences brought about by the Constitutive Act compared to the OAU Charter is the role given to the African people and civil society .There are two platforms provided in the African Union to facilitate the contribution of the African people and civil society .

• Panafrican Parliament (to be a parliament with full legislative powers)
• The Economic, cultural and social council: its composition (social and professional groups) to be expanded to include the civil society organizations

There is also the need for the civil society to organize itself to become an effective partner of the government. The African union should not be the business of governments alone.Governments have a central role to play but the people should also share the ownership of the African Union.

VI. TRANSITION FROM THE OAU TO THE AU

Article 33.1 of the Constitutive Act has provided that:

"the Act shall replace the charter of the OAU. However, the charter shall remain operative for a transition of period of one year or such further period as may be determined by the assembly, following the entry into force of the Act, for the purpose of enabling the OAU to undertake the necessary measures regarding the devolution of its assets and liabilities to the Union and all matters relating thereto".

Based on this Article, the Summit in Lusaka decided that the transitional period should be for one year following the Summit decision. Therefore and unless the Summit decides otherwise, the next Assembly of Heads of States shall be the inaugural session of the Union.

• I know that the issue of the transition has been a source of debate both within Member States and between Africans in general.
• There are two ways of looking at the problem:

• To consider that all the work that has to be done should be finalized first before we enter into the African union : this would call for a long period of transition.
• To consider, as the Lusaka Summit decision suggests, that we should enter into the African Union as soon as we have finalized the basic documents related to the four key organs of the Union. The Lusaka decision suggests that the task of establishing the various organs of the Union with all the financial and structural arrangements should continue while the African Union is already in place.

The course of action suggested in the Lusaka decision should be considered in parallel with article 33-4 of the Constitutive Act which stipulate that:

"Pending the establishment of the Commission, the OAU General Secretariat shall be the interim Secretariat of the Union".

VII. ROLE OF THE CIVIL SOCIETY IN THE WAY FORWARD

There is an immediate input the civil society could make to the ongoing discussions on the documents related to the four key organs of the Union. I hope that the outcome of this Forum which will be made available to our Member States will be found useful.

There is a second opportunity for the civil society to make its input during the second OAU/Civil society Conference scheduled to be held towards the end of Mayor beginning of June, in preparation for the Durban Summit, within the context of the follow-up of the first civil society conference of last June and the CSSDCA Conference.

There is the other important contribution civil society could make before the Durban Conference and beyond as we prepare for:

• the statute of ECOSOCC
• the review of the OAU Conflict Prevention, Management and Resolution Mechanism and the work of the Central Organ towards the establishment of Peace and Security Council and, I suggest, the African council of the wise (to complement the efforts of the peace and security council which is composed of representatives of Member States. The Council of the wise to be an independent, impartial and authoritative body to advise on issues related to peace, security and stability).
• The panafrican parliament: (the protocol was already adopted but a review conference is scheduled in five years to review the protocol particularly to include the element of proportional representation and to ensure that it assumes full legislative powers). .
• The court of justice is a body which should be invested with important powers to push forward the Union.

VIII. CONCLUSION

I personally believe that the African Union, despite the shortcomings of its Constitutive Act and despite the fact that no sufficient consultations have been undertaken, provides a golden opportunity for African Governments and people to make a difference in this new century. We can make a difference as Africans if we build a partnership between Governments and representatives of the people, the business community and the civil society at large. While each of us plays its role in a responsible and constructive manner, governments, have a central role to play. Civil society as a responsible segment of society is not expected to substitute for the role of the governments but rather to complement their efforts in a genuine spirit of partnership.