FRAMEWORK OF THE AFRICAN GOVERNANCE ARCHITECTURE (AGA)

AFRICAN UNION UNION AFRICAINE * UNIÃO AFRICANA FRAMEWORK OF THE AFRICAN GOVERNANCE ARCHITECTURE (AGA) BACKGROUND AND RATIONAL The Department of Political Affairs of the African Union Commission will be officially launching the African Governance Platform in response to the decision of the 16 th AU Summit on the Shared Values theme. At the conclusion of its Eighteenth Ordinary Session in Addis Ababa, the Executive Council of the African Union (AU) endorsed the strengthening of the African Governance Architecture, through the launch of the Governance Platform as an informal and non-decision making mechanism to: foster exchange of information, facilitate the elaboration of common positions on governance and strengthen the capacity of Africa to speak with one voice (EX.CL/619 (XVIII). The decision also requested the AUC to undertake periodic reviews and coordinate the monitoring of compliance with AU instruments on Shared Values. The African Governance Architecture is a policy approach aimed at defining the necessary norms, institutions and processes that facilitate policy and programme convergence on Governance amongst AU Member States as a means to accelerate deeper integration. These decisions are thus part of a programmatic shift of focus of the AU from norm setting to consolidation and implementation. The Decision of the 18 th Ordinary Session of the Executive Council was in response to the Decision of the 16 th Ordinary Session of the Executive Council of the African Union (AU) dedicating the theme of the 16 th AU Summit to Shared Values (EX.CL/Dec.525 [XVI]). It is against this backdrop that the AUC embarked on a consultative process to respond to the mandate established by Decision (EX.CL/Dec.525 [XVI]) and the Strategic Plan of the AUC 2009-2012. In this regard, the AUC organized a series of consultations (Yaoundé - March 2009, Nairobi - December 2009 and Banjul - March 2010) with the aim of reflecting on the design, nature, mandate and functions of the African 1

Governance Architecture. The above consultations shaped the concept of an African Governance Architecture as an evolving process. The consensus that emerged from the consultations was that though the AGA exists, there is need to take cognizance of the established instruments and institutions with a formal mandate on Democracy, Governance, Elections and Human Rights norms, and the need for enhanced coordination, consolidation and implementation of the compliance with the norms. DEFINITION, NATURE AND STRUCTURE 1. The African Union Commission Strategic Plan 2009-2012, approved by Heads of State, gives the AUC a mandate to to achieve good governance, democracy, human rights, rights-based approaches to development, including social, economic, cultural and environmental rights. In this regard, based on existing institutions and organs, the Commission has been mandated to promote and facilitate the establishment of appropriate architecture for the promotion of good governance. 2. Establishing the AGA is not about creating new institutions. It is about enhancing coordinated actions amongst AU organs and institutions as a measure to strengthen their capacity and optimising their impact. Rather than a panacea to the governance challenges facing the continent, the AGA should been seen as providing an opportunity to engage and develop appropriate capacity and responses to Africa s governance challenges. A coordinated and integrated approach is no substitution for the primary responsibility of States in the area of democracy and good governance. 3. The African Governance Architecture is the overall political and institutional framework for the promotion of governance in Africa. The AGA constitutes a reflection on the part of the continent on how it can build on and protect the gains in democracy and governance processes that it has achieved. 4. The AGA is about division of labour and sharing of responsibilities premised on a range of partnerships which should seek to establish coordination both at the regional and continental levels. The AGA is to complement the primary responsibility of States in the realm of governance; facilitate regional integration and encourage international engagement with the continent in the terrain of governance. Thus, a strong and effective AGA requires solid, functioning and accountable national structures. OBJECTIVE 5. The strategic added value of the AGA to the integration agenda of the continent lies on how it facilitates the convergence of governance policies, programmes, processes. The overall objective of the AGA is to achieve good governance, 2

democracy, human rights and rights based approach to development including social, economic, cultural and environmental rights. The AGA seeks to complement the primary responsibility of Member States in the realm of governance by ensuring greater coordination on governance matters at both regional and continental levels. The AGA seeks to achieve this objective by: Formalizing, consolidating and promoting closer cooperation between AU Organs/institutions and other stakeholders; Establishing a coordinating mechanism of regional and continental efforts for the internalization and implementation of the African Governance Agenda; Enhancing the capacity of AU Organs and institutions in the promotion, evaluation and monitoring of governance trends; SCOPE 6. The AGA seeks to facilitate implementation, support and compliment efforts by Members State to achieve their commitments under article 3 of the AU Constitutive Act and other relevant AU pronouncements. These commitments permeate various policy pronouncements (Conventions, Protocol, Charters and Treaties) at the regional and continental level. These commitments amongst others include: human rights and the rule of law, popular participation, management of public funds (accountability, corruption), transparency with which they conduct their business (openness and accountability to parliament), their legal and judicial framework (effective and fair application of the law), the quality of their representative institutions and transition (elections and public participation) and the behavior of its enforcement agencies (human rights), service delivery (Public service and local governance). STRUCTURE OF THE AGA 7. The AGA is composed of three principal pillars: It constitutes a vision/agenda; Organs and Institutions; Mechanism/processes of interactions amongst between organs/ institutions and stakeholders. PILLAR ONE: NORMS/VISION 8. The AGA as a set of norms constitutes a governance vision for the continent. This vision is an embodiment of shared values which Member States of the AU have collectively and individually committed themselves to. These shared values permeate the various policy pronouncements of the AU. Some of these policy pronouncements include amongst others: Constitutive Act of the African Union; African Charter on Democracy, Elections and Governance; The African Charter on Human and Peoples Rights; Algiers Declaration on Unconstitutional Changes of Government; 3

Lomé Declaration for an OAU Response to Unconstitutional Changes of Government; TheOAU/AU Declaration on Principles Governing Democratic Elections in Africa (2002) Protocol Relating to the Establishment of the Peace and Security Council of the African Union (2003); African Union Convention on Preventing and Combating Corruption African Union Post Conflict and Reconstruction Policy Framework; African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa; African Charter on the Rights and Welfare of the Child. 9. These norms reflect the continent s commitment to appreciate and confront its governance challenges. These commitments constitute the juridical anchor of the AGA. At the heart of these commitment are the following principles that: neither can or should one AU Member State be indifferent to the Governance situation in another Member State (from absolute sovereignty to indifference); confronting Africa s governance challenges necessitate a concerted and comprehensive approach both at the regional and continental level. Importantly, the AU has embraced the imperative of impunity, and constitutionalism in rejecting the unconstitutional transfer of power. 10. With respect to policy orientation, the AGA embodies a normative approach to build and consolidate democracy, governance, human rights. This normative approach at least from an African perspective, acknowledges democracy, governance and human rights as a virtue, and a means to an end. The AGA is also affirmation that democracy, governance and human rights is not an event but rather a process that needs to monitored, evaluated, nurtured and strengthen taking into consideration the different dynamics and capacities of Members States of the AU. 11. With regards to integration, Shared values constitute an embodiment of AU Member States collective responsibility towards a set of minimum governance standards. The Shared Values does not only provided the basis for collective and coordinated actions in the terrain of governance at the continental level, it offers the normative framework for policy convergence in governance. PILLAR TWO: INSTITUTIONAL FRAMEWORK 12. The AGA represents an institutional approach to governance where strong and robust institutions and procedures are conceived as important to build and consolidate democracy, governance and human rights. Within the context of integration, the various AU organs and institutions involved in governance are envisaged as enabling and facilitating the internalization of the African Governance vision in Member States of the AU; ensure overall coherence and convergence of the governance programmes at the regional and continental level. 4

13. Against this backdrop, the AGA could be conceived as a well-ordered and neatly assembled structures, institutions and mechanism to give operational expression to the Africa Governance vision. The following are the main institutions that comprise the AGA: AU Commission; African Court on Human and People s Right; African Commission on Human and People s Right; Pan-African Parliament; Secretariat of the African Peer Review Mechanism; The Economic, Social and Cultural Council; The AU Advisory Board on Corruption Regional Economic Communities. Relationship with Member States 14. AU Member States are the foundation of the AGA. They have the primary responsibility of building and consolidate governance. A strong and effective AGA requires solid, functioning and accountable national structures. Consequently, the AGA is to complement the primary responsibility of States; facilitate regional integration. Relationship with the African Peace and Security Architecture (APSA) 15. The APSA has been mandated to prevent and manage conflict on the continent. In essence, within the context of structural conflict prevention, the APSA has the mandate to promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts. Relationship with other Institutions and Stakeholders 16. The AGA is about division of labour and sharing of responsibilities premised on a range of partnerships which should seek to establish coordination both at the regional and continental levels. Facilitating and complementing Member States effort at building and consolidating democracy, governance and human rights, is not the sole responsibility of AU Organs and Institutions. Cognizant of their comparative capacity and advantage, the AU shall if need be cooperate with other stakeholders. 5

PILLAR THREE: INTERACTION MECHANISM AND PROCCESSES AFRICAN GOVERNANCE PLATFORM (The Platform) Definition, Nature and Structure 17. As an important mechanism of the AGA, the platform is the motor or catalyst for improved coordination and complementarity among existing African governance institutions and initiatives. As such it is envisage as the coordinating arm of the overall AGA, as visualized in the scheme below. 18. The role of the Platform is to facilitate information flows, exchanges, dialogue, synergies and joint action between the various African governance actors. The outcome of these interactions should be translated in concrete proposals to be submitted to the relevant policy organs for consideration and decision-making, according to established rules and regulations. The Platform is therefore not supposed to duplicate the mandate or work of existing organs/institutions and initiative; or to act as a decision-making body. 19. The Platform is conceived to operate as an informal structure and it is not a new AU structure. Essentially the Platform should be seen as an open space for dialogue and strategic coordination between the various African governance actors who remain fully independent. The light, informal character of the Platform should also help ensure flexibility in operations and allow the relevance and effectiveness of the set-up to be tested out in practice. Objectives of the Platform 20. Bearing in mind the respective mandates of different African governance actors the Platform offers an informal, flexible and dynamic mechanism to perform a set of inter-related functions: Foster a systematic exchange of information on governance across the continent. Currently, a wide range of initiatives are led by different (institutional) governance actors at various levels (continental, regional, national and local). Information sharing is a crucial first step to ensure greater coordination and complementarity. Improve dialogue between African governance actors. Though there exist ad hoc collaboration and coordination amongst the various governance initiatives and institutions in the terrain of governance, there is no framework to inform and formalise predictable and sustainable engagements. The existing institutions and interventions of governance in Africa emerged in direct response to various mandates and not necessarily as a result of a deliberate coordinated approach of responding to the governance vision. Existing mandates, rules and regulations of the various institutions do not yet define a clear division of labour and the 6

creation of synergies. The Platform should provide a framework for a more systematic and ongoing process of dialogue and collaboration between the actors involved in the AGA. Facilitate the elaboration of shared governance agendas. Building on a better information flow and an improved dialogue, the Platform should operate as a vehicle to construct a shared governance agenda among the various different governance actors around specific challenges or themes. This includes spelling out an optimal task division between the various actors, based on their respective mandates and comparative advantages. Strengthen the capacity of the African continent to speak with one voice on governance matters in international fora and dialogue processes with partners. The Platform could be instrumental in developing African positions on key governance issues through a consultative process. This may help Africa to express a stronger voice and engage more forcefully with its international partners. Enhance effectiveness, efficiency and impact of governance efforts. tthe Platform is a means to protect and expand the gains acquired in democracy and governance over the past two decades. The Platform should therefore also be used to facilitate effective monitoring of progress achieved and improve overall accountability of the AU Organs, RECs and Member States for the effective delivery of governance outcomes (in close collaboration with the AU Organs formally entrusted with the mandate to ensure monitoring and compliance). 21. Though the platform is an interaction mechanisms which serves to enhance coordination, its strategic objectives is beyond the need for coordinated and integrated actions in the terrain of governance. Within the context of the platform, coordination, harmonisation and formalisation of interactions should be perceived as a strategic response to address the constraint of internationalisation and implementation of the Governance Agenda; enhancing the capacity of the institutions that constitute the AGA. Composition of the Platform 22. The composition of the Platform should consist of the various African institutional governance actors with a formal mandate to promote governance. 23. This means that the African Platform on Governance will, in an initial start-up period, be composed of the: AU Commission; African Court on Human and People s Right; African Commission on Human and People s Right; Pan-African Parliament; Secretariat of the African Peer Review Mechanism; 7

The Economic, Social and Cultural Council; The AU Advisory Board on Corruption Regional Economic Communities. 24. This composition means that the Platform should be seen as a mechanism belonging to and owned by the institutional governance actors involved in the AGA. It is not a separate institution but a collective tool to achieve greater added value and realize the pan African governance agenda. 25. The focus on institutional actors with a formal mandate to promote governance in Africa does not exclude the participation of other relevant actors. In recognition of the multi-dimensional and multi-actor nature of governance, the platform should adopt an inclusive approach albeit taking into consideration the rules and procedures of the institutions of the AGA. To this end, the Platform will seek to apply the principle of concentric circles of involvement. This means that in addition to institutional actors (i.e. first circle of involvement) space will be created to involve other relevant African institutions and actors in the proceedings of the Platform (i.e. second circle of involvement). 26. Furthermore, strategic partnerships between the Platform and governance related African knowledge institutions, think tanks and community of practices should be considered. This would make it possible to draw on African expertise in the realm of governance and to adequately connect relevant academic and other research work to the governance efforts undertaken at the level of the Platform. Methodology A) Agenda setting process within the Platform 27. A defined an adequate agenda-setting process for the Platform s work by selecting, through participatory approaches, a limited number of governance challenges or themes on which the Platform could add value and push forward the broader agenda of consolidating the AGA. 28. This selection process could be facilitated by agreeing on a set of criteria to select possible governance related priority themes for the Platform s first plan of actions. Five such criteria seem relevant: Relevance of the theme for existing continental and regional governance agendas; Potential of the theme to reduce fragmentation, create greater awareness and increase synergies/complementarities Potential of the theme to articulate various levels of governance (continental, regional, national and local); Contribution to clarifying the division of labour between various AU Organs, the RECs and Member States; 8

Contribution to the overall consolidation of the AGA. B) Decision Making The platform will determine its decision making process in its rules of procedure C) Mode of Participation and preparation of Work The platform will determine the mode of participation and preparation of work in its rules of procedure. Conditions for effective functioning of the Platform 29. In order for the Platform to be able to play its catalyst role within the AGA, a number of political, institutional and financial conditions seem required. 30. Among the political conditions the following are of paramount importance: (i) a clear leadership role of the AUC in moving forward the AGA and effectively using the Platform; (ii) commitment of the various African governance institutions to engage in the AGA/Platform on an ongoing basis (ownership); (iii) respect for the mandate of each of the participating institutional actors (with the Platform adding value rather than duplicating work already done). 31. Two institutional conditions stand out for the performance of the Platform. First, each of the institutional actors involved should design a focal point. The nomination of such a focal point would demonstrate the commitment of each participating actor. It would also greatly facilitate the concrete engagement of the institution and ensure continuity of the process (between meetings). 32. Second, there will be a need to organize the work on the Platform as an ongoing, (so as to avoid that its work is reduced to a succession of meetings). This, in turn, will require substantial facilitation capacities to (i) organize the flow of information between the actors; (ii) animate the Platform (e.g. through a website); (iii) ensure the connection of various governance initiatives; (iv) invest in networking; (v) monitor implementation, etc. While the AUC can provide the overall framework for carrying forward these various processes, it may lack the human resources to ensure effective facilitation on an ongoing basis. This role could therefore be entrusted to an external facilitator, i.e. an independent African institution involved in governance with the required legitimacy and capacities to facilitate the work of the Platform under the leadership of the AUC. 33. A set of financial conditions are also critical to ensuring an effective functioning of the Platform. In order to fulfill its catalyst role on an ongoing basis, the Platform should be able to rely on predictable resources. Considering the importance attached by the AU Strategic Plan to the consolidation of the AGA, steps need to be taken to timely include funding for the functioning of the Platform in the overall yearly budget of the Commission. In order to ensure ownership of the process, each of the institutional 9

governance actors involved should be able to fund the participation of its focal point in the meetings. 10