AFRICAN UNION
/ /
UNION AFRICAINE
/
UNIÃO AFRICANA
P. O. Box 3243, Addis Ababa, ETHIOPIA Tel.: 00251-11-5517700 Cable: AU, ADDIS ABABA Website:

FIRST MEETING OF THE COMMITTEE

OF THE TWELVE HEADS OF STATE AND

GOVERNMENT ON THE UNION GOVERNMENT

22 – 23 MAY 2008

ARUSHA, TANZANIA

Cttee12/HoSG/4(I)

REPORT OF THE 11TH EXTRAORDINARY

SESSION OF EXECUTIVE COUNCIL

6 – 7 MAY 2008, TANZANIA

AFRICAN UNION
/ /
UNION AFRICAINE
/
UNIÃO AFRICANA
P. O. Box 3243, Addis Ababa, ETHIOPIA Tel.: 00251-11-5517700 Cable: AU, ADDIS ABABA Website:

EXECUTIVE COUNCIL

ELEVENTH EXTRAORDINARY SESSION

6 – 7 MAY 2008

ARUSHA, TANZANIA

Ext/EX.CL/Rpt (XI)

REPORT

Ext/EX.CL/Rpt (XI)

Page 1

REPORT

I.INTRODUCTION

  1. As part of the implementation of Decision Assembly AU/Dec.185 (X) adopted by the Tenth Ordinary Session of the Assembly of the Union held in Addis Ababa, Ethiopia in January/February 2008, the Executive Council met in its Eleventh Extraordinary Session in Arusha, Tanzania from 6 to 7 May 2008 to consider the report of the Audit of the African Union and the comments of the Commission as well as those of the other organs of the Union.

II.ATTENDANCE

  1. The following Member States attended the meeting:

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Chad, Congo Republic, Cote d’Ivoire, Democratic Republic of Congo, Djibouti, Egypt, Ethiopia, Gabon, Gambia, Ghana, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Saharawi Republic, Senegal, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe.

  1. Also in attendance were the representatives of the other organs of the Union (Pan-African Parliament, the African Court of Human and People’s Rights, ECOSOCC), as well as representatives of NEPAD and the Regional Economic Communities (RECs), ECOWAS, ECCAS, CEN-SAD, EAC, IGAD and SADC). The ECA was represented by its Executive Secretary, Mr. Abdoulie Janneh.

III.OPENING CEREMONY

Introductory Remarks by the Chairperson of the AU Commission

  1. In his introductory remarks, the Chairperson of the AU Commission, Mr. Jean Ping, welcomed all delegates and stated that the objective of the meeting was to assess the work of the AU and build a strong continental organization that can work in tandem with Member States and all segments of society for the interests of the African people. He underlined that it was an opportunity to take stock of activities, measure progress and have an appropriate roadmap for African Renaissance.
  1. In this regard, he recalled that the audit was a crucial stage in the process. He invited the Executive Council to review the rich and well documented report of 159 recommendations and the other views that had been expressed in order to make informed decisions for the strengthening of the African Union. In this connection, he said that some recommendations that had been put forward could be implemented immediately in order to reflect the priority given in the Constitutive Act to the idea of a people-centred and people-driven African Union and not a Union of States alone. He drew the attention of the Council to the fact that the report was essentially technical in content and called on the Council to adopt a technical approach through structured debate leading to consideration of issues and adoption of appropriate recommendations with a view to assisting the Committee of Twelve Heads of State and Government scheduled to meet in the near future.

Opening Remarks by the Chairperson of the Executive Council, Minister of Foreign Affairs of the Republic of Tanzania

  1. The Chairperson of the Executive Council, Mr. Bernard Membe, highlighted the importance of the current session of the Council in determining the future direction of the Union. He drew attention to the gains achieved since 2002 such as the setting up of the AU Commission, the Pan-African Parliament, the African Court of Justice and ECOSOCC. He then recalled the steps that led to the convening of the extraordinary session. He further recalled the objective of the audit which is to review the functioning of all the organs of the AU and examine the proposals for their strengthening. This also included the review of the structure and function of the RECs as well as the strengthening of their relations and coherence of policies and synergies with the AU Commission with a view to accelerating the process of integrating the continent.
  1. The honourable Minister urged the Executive Council not to debate the Union Government which would form the theme of the Committee of Twelve Heads of State scheduled to meet in a few days but to discuss the recommendations of the audit report of the High Level Panel. He stated that the challenge was to come up with realistic and practical recommendations towards a more effective organization. In conclusion, he called on all Member States to duly implement the outcome of the current meeting once it is endorsed by the Summit in July 2008 and declared the Eleventh Extraordinary Session of the Executive Council open.

IV.ADOPTION OF THE AGENDA AND THE WORK PROGRAMME

  1. The agenda and work programme were adopted without amendment.

V.CONSIDERATION OF THE REPORT ON THE AUDIT OF THE AFRICAN UNION AND THE COMMENTS OF THE COMMISSION AND OTHER ORGANS

Presentation of the Audit Report

  1. The Chairperson of the High Level Panel on the Audit of the African Union, Professor Adebayo Adedeji, presented the report on the Audit of the Organs of the African Union. He began his presentation by making general comments before reviewing the outcomes of their deliberations and recommendations concerning all the Organs of the African Union, namely the Assembly, the Executive Council, the Permanent Representatives Committee, the Pan-African Parliament, the Specialized Technical Committees, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights which should merge with the African Court of Justice, ECOSOCC, the Peace and Security Council. He then mentioned the other recommendations with regard to relations between the African Union and the ECA, the AfDB and the RECs, the modalities of integrating NEPAD into the Commission, the alternative sources of funding the African Union, and the roadmap for the continent’s integration.
  1. The intervention of the Chairperson of the Panel was followed by those of representatives of the various Organs of the African Union and of the RECs who presented their comments on the recommendations made by the Panel about their organs and institutions. They highlighted the operational peculiarities of their respective organs and proposed the reformulation of some of the recommendations.
  1. Thereafter, the Executive Secretary of the ECA underscored the benefits of trilateral cooperation (between the African Union Commission, the ECA and the AfDB) aimed at furthering the African agenda. He proposed that the African Union Commission make use of the ECA as an executing agency for its programmes. Such cooperation requires the establishment of a Support Office to coordinate the implementation of programmes and report to the Heads of State and Government. He then stressed the double role of the ECA as a United Nations agency and as an organ working on behalf of Africa.
  1. He ended his presentation by stressing on the problem of integration which presents the biggest challenge for Africa insofar as it is the main development factor. He also touched on the problem of funding this integration. The ECA Executive Secretary suggested that the integration be partly financed by the African people themselves through the payment of a 0.07% integration tax by every African, in addition to the tax to be levied on air tickets. This tax would also apply to Africans working outside the continent. 50% of the revenue collected through this tax would go to the African Union while the remaining 50% would go to the RECs.
  1. Following these presentations, the Executive Council considered the 159 recommendations one by one. During the consideration, the Executive Council noted that a significant number of these recommendations were of administrative nature and had to do with the internal procedures and mechanisms in the Commission. Consequently, it decided to refer them to the Commission for consideration and appropriate action and requested the latter to submit a report thereon to the 13th Ordinary Session of the Executive Council scheduled to take place in June 2008, through the PRC. The Executive Council dwelt at length on the political and institutional recommendations.
  1. The Council then adopted some of the recommendations as presented, while amending others, as reflected in the following matrix:
  1. In view of the close relationship between the proposals made by the Panel in Chapters 13 and 14 of the Report of the Audit on the imperative of injecting accelerators to the integration and transformation process, and the benchmarks towards the proposed African unity and integration and the on-going discussions on the Union Government, the Executive Council recommended that these issues be examined by the Committee of Twelve Heads of State and Government on the Union Government due to convene in Arusha, Tanzania from 22 to 23 May 2008.
  1. During the consideration of the recommendations of the Panel, one delegation proposed the creation of an additional post of Deputy Chairperson in charge of programmes. Similarly, the Commission proposed a reconfiguration of the existing portfolios to ensure equitable distribution of labour. The Council took note of these proposals and requested the Commission to examine the implications involved and submit a report to it in due course.
  1. The Chairperson of the Commission pledged to put in place all instruments of administrative and financial transparency and accountability. As regards the conditions of service, he pleaded in favour of salary increments in order to retain and attract the best competencies and skills. In this connection, he called on Member States to take urgent steps to strengthen the efficiency of the Commission. While acknowledging the progress made in the establishment of the peace and security architecture, he deplored the inadequate visibility of the Union from the economic perspective. He called for the establishment of sound and viable mechanisms with a view to the effective implementation of the common positions adopted on international issues.
  1. The Executive Council took note of the commitment made by the Chairperson of the Commission to ensure greater transparency and efficiency in the management of the Commission

Ext/EX.CL/Rpt (XI)

Page 1

VI.CONSIDERATION OF THE PANEL’S RECOMMENDATIONS FOR THE ELABORATION OF ROADMAPS AND PLANS OF ACTION

AU Organ/African Entity /Institution / Recommendations of the Panel / Actors at various levels / Observations/Recommendations of the Executive Council
Assembly /
  1. The Assembly should revert to one ordinary annual session. If necessary, an Extraordinary Session can be convened as appropriate.
/
  1. Assembly
/ Rejected. Maintain two annual Summits, one of which is thematic
  1. The Assembly should endeavour to adopt a thematic approach to its annual meetings and in each meeting announce the theme of the subsequent meeting
/
  1. Council, PRC, Commission with inputs from AU organs and RECs
/ Accepted
  1. The first substantive item of each Summit should be dedicated to the consideration and review of the implementation of previous decisions.
/
  1. Assembly, Council
/ Accepted
  1. In order to ensure policy continuity, the Chairperson of the Assembly should, henceforth, serve for two years.
/
  1. Assembly
/ Rejected. The term of office of the Chairperson of the Assembly should be one year with a possibility of extension
  1. The Heads of State and Government should, after each Summit, endeavour to report on the decisions reached at summits to their populace, Assemblies and National Commissions for Integration.
/
  1. Heads of States and Government, Ministries in charge of Integration
/ Accepted
  1. A mechanism should be put in place for monitoring the implementation of the Assembly’s decisions at various levels.
/
6.Commission, Council, RECs, Heads of States and Governments
/ Accepted
Executive Council / The Panel recommends that:
  1. The Executive Council should be redesignated as a Council of Ministers.
/
  1. Assembly to make decision, Commission to prepare the legal documents in consultation with PRC
/ Rejected. Maintain the Executive Council as it is.
  1. Sectoral ministers according to the agenda will attend meetings of the Executive Council
/
  1. Assembly to decide
/

Accepted as amended

  1. The Ministers of Foreign Affairs will constitute one of the Councils of Ministers and in the event that the agenda of a Council of Foreign Affairs Ministers involves elements pertinent to other sectors, relevant Ministers will be invited to join
/
  1. Assembly to decide
/

Rejected

  1. The brief for each Specialized Technical Committee (STC) will flow from the powers and functions of the Executive Council stipulated in Rule 5 of the Rules of Procedure.
/
  1. Assembly to decide
/

Accepted as amended

Specialised Technical Committees /
  1. The sectoral Council of Ministers will substitute the STCs as provided for under Article 14 (3).
/
  1. Assembly, Council
/ Rejected. Put in place STCs in accordance with the relevant provisions of the Constitutive Act and finalise the study on their configuration and number. Member States are invited to carry out the necessary consultations to this effect in accordance with decision EX.CL/Dec.316 (X).
Pan African Parliament /
  1. The PAP should comply with Decision 98 of the Council which was confirmed by Assembly Decision 39(III);
/
  1. Assembly, Commission, Council
/ On-going action accepted
  1. The Clerks of National Parliaments should immediately inform PAP of the cessation of the membership of their Parliamentarians whose tenure expires;
/
  1. Member States, national and regional parliaments
/ Accepted
  1. PAP should put in place policy guidelines on its relations with other organs of the Union subject to the concurrence of the other organs of the Union and the approval of the Assembly.
/
  1. PAP, Commission, Assembly, AU organs
/ Accepted
  1. The Code of Conduct for PAP members identified, as a deliverable for 2005 should be finalized.
/
  1. PAP
/ Accepted
  1. The PAP President should present reports to the Assembly through the Executive Council and to the PAP on the AU Summit outcomes.
/
  1. PAP
/ Accepted as amended. The African Court of Human and Peoples’ Rights will also report to the Assembly through the Executive Council
  1. PAP should work closely with regional Assemblies to streamline their activities
/
  1. PAP, regional Assemblies
/ Accepted
African Court of Justice and Human Rights /
  1. The process of merging the African Court of Justice with the African Court on Human and Peoples’ Rights should be accelerated.
/
  1. Assembly, Council
/ Accepted
  1. The African Court of Justice should be established with the competence to function as African Court of Appeal (old recommendation of the Panel).The process of merging the African Court of Justice (ACJ) and the African Court of Human and Peoples’ Rights (AfCHPR) should be accelerated. Once fully established and developed, possibility of giving it the competence to function as an African Court of Appeal should be explored. However, the juridiction of the Court should be decided by the Conference of Ministers of Justice in order to avoid jurisdictional conflict between this Court on the one hand, and national and regional courts on the other. (new recommendation of the Panel)
/
  1. Assembly, Executive Council
/ Accepted as reformulated by the Chairperson of the Panel of Justice
  1. The competence of the Court should be accepted by all Member States of the AU
/
  1. Member States
/ Accepted
  1. The Assembly and the Executive Council should ensure that decisions of the Court are complied by Member States
/
  1. Assembly, Council, Member States
/ Accepted
  1. Member States should accept the oversight role of the ACHPR
/
  1. Member States
/ Accepted
  1. The ACHPR should review its partnership arrangements with non-African actors with the view to correcting the perception of being overly donor-dependent
/
  1. ACHPR
/ Accepted
  1. The ACHPR should review its budget proposal to the AUC with a view to allocating more of its resources for the delivery of its mandate
/
  1. AUC, ACHPR
/ Accepted
  1. It would be important for ACHPR to establish links with other Organs of the AU
/
  1. ACHPR
/ Accepted
  1. Consideration should be given to the adoption of a non-renewable mandate for the Commissioners for one term of office for six years only.
/
  1. AUC, ACHPR
/ 2 options proposed. (i) Maintain the status quo by keeping the Charter as it is (ii) reduce the mandate of three years renewable once and modify the Charter accordingly.
  1. Article 19 of the Protocol establishing the Peace and Security Council should be used to ensure enforcement of the recommendations of the ACHPR
/
  1. ACHPR
/ Accepted
  1. The Union should ensure that its judicial Organs are provided with the necessary qualified and experienced human resources as well as other material and financial resources to enable them discharge their mandate effectively
/
  1. AUC, PRC and Council
/ Accepted
  1. State Parties should be reminded of their obligation to grant authorization to staff members of the ACHPR to visit their countries
/
  1. Member States
/ Accepted
  1. The ACHPR and the AfCHPR should ensure that they work closely together in order to avoid duplication of efforts.
/
  1. ACHPR and AfCHPR
/ Accepted
The Financial Institutions /
  1. The setting up of an ad hoc Committee of Experts, comprising representatives of three countries selected to host the three financial institutions (Cameroon, Libya and Nigeria), AACB, the AU Commission, UNECA, AfDB and the RECs. The Committee, which should be presided by an independent person who is committed to pan-Africanism, will prepare a roadmap for the establishment of the three financial institutions.
/
  1. Assembly, AUC, AACB, UNECA, AfDB, host countries
/ Accepted
  1. The ad hoc Committee should submit a roadmap within a timeframe of two to three months. The roadmap will be submitted to the mechanism proposed in Chapter 12.
/
  1. The ad hoc Committee
/ Accepted
AU Commission /
  1. The Chairperson should exercise full authority within the Commission as the Chief Executive and Accounting Officer
/
  1. AUC Chairperson
/ Accepted