Article 5.1 of the Constitutive Act of the African Union specifies that the organs of the Union shall be:
- The Assembly of the Union;
- The Executive Council;
- The Pan African Parliament;
- The Court of Justice;
- The Commission;
- The Permanent Representatives Committee;
- The Specialized Technical Committees;
- The Economic, Social and Cultural Council;
- The Financial Institutions;
This is an ambitious list, reflecting a model drawn from the European Union. The Constitutive Act lays out blueprints for each of these, while also leaving many of the details for future elaboration. We need to ask several questions:
- Which are they key organs? The Union cannot function at all without two of the organs, namely the Assembly and the Commission. The Executive Council runs a close third. These are essentially the same organs as exist today under the OAU. However, their governance and administrative responsibilities will be considerably heavier, given the task of setting up and running the other institutions envisaged by the Constitutive Act. If the AU is to truly become a Union, the Parliament and the financial institutions will be key.
- What is the timing and sequencing of the establishment of the institutions? Theoretically, all are important. However, the priority given to the respective organs will depend on what is seen as the overriding political concern. If the principal impetus is for regional economic cooperation and integration, then the Economic, Social and Cultural Council, the specialised committees and the financial institutions should be prioritised. If the first agenda is governance and democracy, then the parliament and court of justice should be established first. If the main concern is peace and security, then the existing organs should suffice, but will require a much more extensive engagement with existing problems and related institutions. A related question is how the AU will relate to existing institutions and initiatives in these areas, including NEPAD, the RECs, ADB and ECA in the field of economic integration, the African Inter-Parliamentary Union, existing subregional parliaments and the African Commission on Human and People’s Rights in the case of democracy and governance, and the RECs, CSSDCA, NEPAD and the UN Security Council in the case of peace and security.
- What is the sequencing of cooperation? The African Union process is founded on a sharing of powers between states that have hitherto retained sovereign control over all aspects of decision-making. In reality, due to aid dependence and lack of resources, this sovereign control has often remained fictional, but governments have continued to claim their right to independent decision making. Treaty obligations such as the commitment to an African Economic Union have rarely been implemented in full. There are reasons for this reluctance to share powers. It follows that ‘softer’ issues of cooperation, such as the environment, HIV/AIDS, and information and communication technology cooperation, should be prioritised, while ‘harder’ issues of establishing regional enforcement measures should be tackled when a higher degree of confidence has been built between states.
- What are the resource requirements for the Commission and other institutions? The first issue here is, have the Commission and the other organs been budgeted? And to what extent can their tasks be shared with existing institutions in order to cut down duplication and reduce costs? Second, it is evident that, under any scenario, the AU will be much more expensive than the OAU. Where will the resources come from? If these resources are to be primarily membership dues, how will the AU augment its resources in comparison with the OAU, which has always had chronic funding problems? Or will the AU be seeking other sources of funding? Given that most African countries are highly dependent on concessional finance from OECD countries for their basic budgetary requirements, does it make sense for the AU to turn to these governments, or would it be advised to go directly to international aid partners for its financial needs? That in turn, however, has far-reaching political implications for the accountability of the Commission and other organs of the AU. It should be borne in mind that the viability and credibility of the AU will depend critically on its level of resourcing.
- What are the human resource requirements for the AU? One challenge is the expert task of actually designing the institutions and the management systems required. What provisions are envisaged for seeking technical assistance in building the necessary institutions? Building a regional organisation is a complex task and there are relatively few experts on whom to draw. There is experience both within Africa at subregional level and outside Africa that can be utilised. The second challenge is the skilled staff required for managing the institutions themselves. This may require special training programmes to upgrade the skills of AU staff members. The third challenge is selecting the individuals who will head the institutions, including the Commissioner. Special procedures for nominating and short-listing for these exceptionally demanding positions will be necessary. The candidates should be chosen on the basis of leadership skill and managerial capacity. In this respect, lessons can be learned from the UN and other international organisations. The AU must be able to attract and retain the very best. We must avoid the situation in which governments remove their least desired individuals to multilateral institutions, or merely pursue placing their people in post in order to have a presence. Transparent criteria and standards will be required.
- What changes in the structure and policies of member governments are required? An effective African Union will require substantial changes in the methods of working of member governments, placing additional burdens upon them at the same time as lessening their discretionary powers. Membership of the AU will entail sharing sovereignty in key areas of lawmaking as well as economic measures to lower tariffs and promote economic and financial convergence. There is a pressing need for detailed studies about the additional requirements on member governments.
A basic point underpinning all these considerations is that institution building has eluded Africa, at both national and regional levels. The history of building institutions in Africa has been disappointing. In designing the African Union and building the necessary institutions, it is necessary to review the record of building and sustaining the required governance capacities. The weakness of institutions has been a major impediment to the private sector and democracy. A general African standard for institution building has been lacking.
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