Transition from the OAU to the
African Union
Background
The highlight of the 2000 OAU/AEC Assembly of Heads
of State and Government in Lomé, Togo was
the adoption of the Constitutive Act of the African
Union, in terms of the Sirte Declaration of 9 September
1999.
Following this event, a decision declaring the
establishment of the African Union, based on the
unanimous will of Member States was adopted by the
5th Extraordinary OAU/AEC Summit held in Sirte,
Libya from 1 to 2 March 2001. In the decision, Heads
of State and Government specified that the legal
requirements for the Union would have been completed
upon the deposit of the 36th instrument of ratification
of the Constitutive Act of the African Union.
South Africa deposited its instrument of ratification
of the Constitutive Act of the African Union on
23 April 2001 with the OAU General Secretariat and
became the 35th Member State to do so. South Africa's
ratification as one of these 36 member states means
that it is a founding member of the African Union.
On 26 April 2001 Nigeria became the 36th Member
State to deposit its instrument of ratification.
This concluded the two-thirds requirement and the
Act entered into force on the 26th of May 2001.
HISTORICAL OVERVIEW
The OAU was established on 25 May 1963 in Addis
Ababa, on signature of the OAU Charter by representatives
of 32 governments. A further 21 states have joined
gradually over the years, with South Africa becoming
the 53rd member in 1994. It had become evident and
accepted as early as 1979, when the Committee on
the Review of the Charter was established that a
need existed to amend the OAU Charter in order to
streamline the Organisation to gear it more accurately
for the challenges of a changing world. Despite
numerous meetings the Charter Review Committee did
not manage to formulate substantive amendments.
The result of this was threefold:
The Charter was "amended" by being augmented
through ad hoc decisions of Summit such as the Cairo
Declaration Establishing the Mechanism for Conflict
Prevention, Management and Resolution, etc;
A growing realisation that the need for greater
efficiency and effectivity of the Organisation required
urgent action; and
The need to integrate the political activities
of the OAU with the economic and developmental issues
as articulated in the Abuja Treaty.
Since the entry into force of the Abuja Treaty
establishing the African Economic Community, the
OAU has been operating on the basis of two legal
instruments. The Abuja Treaty came into force after
the requisite numbers of ratification in May 1994.
It provided for the African Economic Community to
be set up through a gradual process, which would
be achieved by coordination, harmonisation and progressive
integration of the activities of existing and future
regional economic Since the entry into force of
the Abuja Treaty establishing the African Economic
Community, the OAU has been operating on the basis
of two legal instruments
Extraordinary Summit in Sirte, 9 Sept 1999
It was by acclamation that the Assembly of Heads
of State and Government in July 1999 in Algiers
accepted an invitation from Colonel Muhammar Ghadafi
to the 4th Extraordinary Summit in September in
Sirte. The purpose of the Extraordinary Summit was
to amend the OAU Charter to increase the efficiency
and effectiveness of the OAU. The theme of the Sirte
Summit was "Strengthening OAU capacity to enable
it to meet the challenges of the new millennium".
This Summit concluded on 9 September 1999 with the
Sirte Declaration aimed at:
Effectively addressing the new social, political
and economic realities in Africa and the world;
Fulfilling the peoples’ aspirations for greater
unity in conforming with the objectives of the OAU
Charter and the Treaty Establishing the African
Economic Community;
Revitalising the Continental Organisation to play
a more active role in addressing the needs of the
people;
Eliminating the scourge of conflicts;
Meeting global challenges; and
Harnessing the human and natural resources of the
continent to improve living conditions.
To achieve these aims Summit, inter alia, decided
to:
"Establish an African Union in conformity
with the ultimate objectives of the Charter of our
Continental Organisation and the provisions of the
Treaty establishing the African Economic Community.
Accelerate the process of implementing the Treaty
establishing the African Economic Community, in
particular:
Shorten the implementation periods of the Abuja
Treaty,
Ensure the speedy establishment of all the institutions
provided for in the Abuja Treaty; such as the African
Central Bank, the African Monetary Union, the African
Court of Justice and in particular, the Pan-African
Parliament.
Strengthening and consolidating the RECs as the
pillars for achieving the objectives of the African
Economic Community and realising the envisaged Union.
Convene an African Ministerial Conference on Security,
Stability, Development and Cooperation in the Continent,
as soon as possible".
Objectives of the AU
In general, the African Union objectives are different
and more comprehensive than those of the OAU. The
OAU has served its mission and was due for replacement
by a structure geared towards addressing the current
needs of the continent.
The aims of the OAU are:
To promote the unity and solidarity of African
States;
To coordinate and intensify their cooperation and
efforts to achieve a better life for the peoples
of Africa;
To defend their sovereignty, territorial integrity
and independence;
To eradicate all forms of colonialism from Africa;
and
To promote international cooperation.
Comparatively, the objectives of the African Union,
as contained in the Constitutive Act, are to:
Achieve greater unity and solidarity between the
African countries and the peoples of Africa;
Defend the sovereignty, territorial integrity and
independence of its Member States;
Accelerate the political and socio-economic integration
of the continent;
Promote and defend African common positions on issues
of interest to the continent and its peoples;
Encourage international cooperation, taking due
account of the Charter of the United Nations and
the Universal Declaration of Human Rights;
Promote peace, security, and stability on the continent;
Promote democratic principles and institutions,
popular participation and good governance;
Promote and protect human peoples’ rights in
accordance with the African Charter on Human and
Peoples’ Rights and other relevant human rights
instruments;
Establish the necessary conditions which enable
the continent to play its rightful role in the global
economy and in international negotiations;
Promote sustainable development at the economic,
social and cultural levels as well as the integration
of African economies;
Promote cooperation in all fields of human activity
to raise the living standards of African peoples;
Coordinate and harmonise the policies between the
existing and future Regional Economic Communities
for the gradual attainment of the objectives of
the Union;
Advance the development of the continent by promoting
research in all fields, in particular in science
and technology; and
Work with relevant international partners in the
eradication of preventable diseases and the promotion
of good health on the continent.
OAU/AEC Summit, Lusaka 2001
The main objective of the Lusaka Summit was
to look at the implementation of the African Union.
The Secretary General was mandated to work out
the modalities and guidelines for the launching
of the organs of the Union, including the preparation
of the Draft Rules of Procedure of such organs and
to also ensure the effective exercising of authority
and discharging of their responsibilities. The priority
organs are the Assembly, the Executive Council,
the Commission and the Permanent Representative
Committee. Rules of Procedure for all these organs
will have to be developed prior to the First Summit
of the African Union in July 2002 (the Pan-African
Parliament will develop its own Rules of Procedures).
DECISIONS OF THE LUSAKA SUMMIT RE IMPLEMENTATION
The Secretary-General was mandated to, in consultation
with Member States, work with Member States through
their Permanent Representatives and Experts. A Representative
Committee of Ministers will be established for this
purpose, which will oversee the process and present
its proposals and recommendations to the Council.
The Secretary-General was mandated to, in consultation
with Member States, submit proposals regarding the
Structure, Functions and Powers of the Commission.
It is the responsibility of each Member State to
popularise the African Union and should in doing
so, also involve citizens.
NGOs, Professional Associations and Civil Society
Organisations should be involved in the formulation
and implementation of the Economic, Social and Cultural
Council (ECOSOCC) Programmes. Proposals and recommendations
on Structure, Function, Area of Competence and relationships
should be submitted to the next Council of Ministers
meeting.
Recommendations should also include the Procedure
and Criteria in selecting members of ECOSOCC as
well as the Rules of Procedure.
The ECOSOC (Economic and Social Council) as provided
for in the Abuja Treaty ceases to exist at the end
of the transition period.
The Mechanism for Conflict Prevention, Management
and Resolution (Central Organ) must be incorporated
into the Union as an organ and the Secretary-General
should undertake a review of its structure, procedure
and working methods, including a possible change
of name.
The Secretary General should consult the Regional
Economic Communities (RECs), and RECs should be
involved in the formulation and implementation of
all Programmes of the Union. The Protocol establishing
the relations between the AEC and REC should be
amended or a new Protocol be prepared. Summit also
called upon the policy organs of the RECs to initiate
a reflection of their relationships with the Union.
The Secretary-General should undertake a review
of existing OAU Specialised Agencies and make recommendations
on possible incorporation as Specialised Agencies
of the African Union.
The Secretary General should prepare and submit
a report on all aspects of the functioning of the
Specialised Technical Committees.
25 May will remain a commemoration day and an official
public holiday of the African Union, while 2 March
will be recognised as a Union Day (see paragraph
4.11 above).
The transitional period will be one year following
the adoption of this Decision (Decision AHG/Dec.
1 (XXXVIII)), that is from 11 July 2001 to 10 July
2002.
The Secretary General should continue using the
OAU symbols, i.e. Logo, Flag and Anthem until such
time that new symbols are decided upon. The processes
to decide on the new symbols should involve citizens
and competitions.
The Secretary General should take the necessary
measures for the devolution of Assets and Liabilities
of the OAU to the Union. The Secretary General should
review and seek where necessary, amendment of the
OAU Agreements with the Parties, including Headquarters
and Host Agreements.
DESIGN OF THE AFRICAN UNION
Of crucial importance in the establishment of the
organs of the Union is the challenge to move away
from the overly state-centric character of the OAU
and its concomitant lack of civil participation.
The cooperation of African NGOs, civil societies,
labour unions, business organisations are essential
in the process of cooperation and implementation
of the Abuja Treaty, as was expressed in the Ouagadougou
Declaration and provided for in the Sirte Declaration.
During the Lusaka Summit several references were
made to the African Union being loosely based on
the European Union model, in which respect it was
said that Africa ‘should not re-invent the
wheel’. However, it was agreed that the African
Union should be something new, with the emphasis
on being an African experience.
Whereas the OAU was in principle a political organisation
that also discussed matters of economic and social
concern, the African Union should be an organisation
aimed at economic integration and social development,
which should lead to political unity.
ORGANS OF THE AFRICAN UNION
Assembly
The Constitutive Act is very specific about the
functions and powers of the Assembly as the supreme
organ of the AU comprising of Heads of State and
Government. South Africa has participated in the
development of the Rules of Procedure for the Assembly,
and the same process has taken place at SADC level.
Executive Council
The Executive Council is a meeting of Ministers
of Foreign Affairs or other Ministers charged with
the responsibility of dealing with the AU. The issues
discussed by the Executive Council will have to
feed into the Assembly.
Permanent Representatives Committee
The Permanent Representative Committee is composed
of Permanent Representatives and other Plenipotentiaries
to the Union. This structure was not formally recognised
under the OAU, even though the Ambassadors do meet
on an ongoing basis. The PRC, amongst other things,
will work closely with the Commission; be involved
in the process of nomination and appointment of
Commissioners; look into the selection and appointment
of consultants and follow-up on the implementation
of Summit decisions. The work of the PRC will feed
into the Executive Council.
Commission
The Commission will be based at the Headquarters
of the AU and will be headed by the Chairperson
of the AU. The Chairperson will be assisted by a
Deputy Chairperson and Commissioners, as well as
other members of staff.
Specialised Technical Committees
There will also be Specialised Technical Committees
(STCs) established within the Secretariat and headed
by Commissioners. The STCs will deal with issues
such as Rural Economy and Agricultural Matters,
Monetary and Financial Affairs, Trade, Customs and
Immigration Matters, Science, Technology, Transport,
Communications, Education, Culture, amongst other
things.
Pan-African Parliament (PAP)
The Protocol establishing the Pan African Parliament
was adopted in 2000 during the OAU Summit in Lomè,
Togo. The Protocol is now open for signature and
ratification. So far 21 member states have signed
and three have ratified. Article 22 of the PAP protocol
provides for the Protocol to enter into force after
deposit of the instruments of ratification by a
simple majority of the member states.
Though the Constitutive Act of the African Union
does not elaborate on the functions and powers of
the Pan African Parliament, the Protocol provides
that, for the first five years of the Parliament’s
existence, it will have advisory and consultative
powers only.
Economic, Social and Cultural Council (ECOSOCC)
The Lusaka OAU Summit requested the Secretary General
to submit to the 76th Ordinary Session of Council,
i.e. July 2002, a report on ECOSOCC with recommendations
on structure, areas of competence, criteria for
selecting members of ECOSOCC, relationship between
ECOSOCC and African regional NGOs and professional
groups, ECOSOCC’s Rules of Procedure and its
work programme. This is one organ of the AU that
will provide for civil society participation. The
Lusaka Summit decision on ECOSOCC directs that member
states will have to decide on the structure, functioning,
areas of competence selection criteria, Rules of
Procedure and work programme of the ECOSOCC.
Court of Justice
The Constitutive Act of the AU provides for the
establishment of the Court of Justice and for a
Protocol on its statute, composition and functions.
It is still unclear what the exact functions and
powers of the Court will be, and whether it will
have jurisdiction over states or nationals. The
functions and powers of the Court will be elaborated
upon in a Protocol, which will clarify what the
impact on domestic legislation will be.
Financial Institutions
Article 19 of the Act provides for the establishment
of financial institutions whose rules and regulations
shall be defined in protocols relating thereto.
The implications of hosting these organs will only
become apparent once the relevant protocols have
been concluded. The institutions are:
The African Bank
The African Monetary Fund
African Investment Bank
CHALLENGES
It is of critical importance that member States
are active in the design and implementation of the
African Union. In this way it will foster a sense
of ownership and Member States will be able to address
those aspects of the day-to-day functioning of the
organisation which will streamline the implementation
of decisions.
Department of Foreign Affairs
May 2002
