African Peer Review for progressive change
On Wednesday 28 September, meeting at Gallagher Estate in Midrand, Gauteng, representatives of the people of South Africa began a two-day National Consultative Conference that is of the greatest importance to the future of our country.
Present were delegates from government, business, trade unions, academia and the entire spectrum of civil society, the latter represented by the South African chapter of the Economic, Social and Cultural Council (ECOSOCC) of the African Union.
The conference marked the beginning of the African Peer Review process in our country, to which we acceded as soon as the NEPAD Heads of State and Government Implementation Committee (HSGIC) resolved formally to launch the African Peer Review Mechanism (APRM).
The decision to establish the APRM was taken at the founding conference of the African Union (AU) held in Durban in 2002. The fundamental guidelines governing the peer review process are contained in the Base Document of the APRM.
Among other things, this Base Document says:
"The mandate of the African Peer Review Mechanism is to ensure that the policies and practices of participating states conform to the agreed political, economic and corporate governance values, codes and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance. The APRM is the mutually agreed instrument for self-monitoring by the participating member governments.
"The primary purpose of the APRM is to foster the adoption of policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerated sub-regional and continental economic integration through sharing of experiences and reinforcement of successful and best practice, including identifying deficiencies and assessing the needs for capacity building.
"Every review exercise carried out under the authority of the Mechanism must be technically competent, credible and free of political manipulation. These stipulations together constitute the core guiding principles of the Mechanism."
In the context of the foregoing, we must understand that the APRM is itself firmly based on the Constitutive Act of the AU, which was formally legislated into force by the African parliaments, including our own.
Among others, the Objectives Section of the Constitutive Act prescribes that the AU and its Member States are legally obliged to:
- promote peace, security, and stability on the continent;
- promote democratic principles and institutions, popular participation and good governance;
- promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments;
- 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;
- 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.
The "codes and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance" to which the Base Document refers, relate to four areas which each country review must assess. These are:
- democracy and political governance;
- economic governance and management;
- corporate governance; and,
- socio-economic development.
The details spelling out what the African Peer Review process should investigate and assess in each of these areas is contained in another document adopted by the NEPAD Heads of State and Government Committee, entitled "Objectives, Standards, Criteria and Indicators for the African Peer Review Mechanism".
Yet another document that is central to the Peer Review process is the detailed Questionnaire that the APRM distributes to all countries that submit themselves to the review process. But as Dr Chris Stals, member of the Panel of Eminent Persons of the APRM, said at the Consultative Conference, countries are allowed to adapt the Questionnaire to take into account their national situation.
In this context, and with regard to the detailed benchmarks and guidelines it has provided for all participating countries, the APRM says, "this framework is enabling rather than prescriptive, specifying objectives and standards, providing indicative definitions of criteria and examples of indicators to ensure broad coherence in the country level work and uniformity at continental level."
When she spoke to the opening of the consultative conference, the representative of the South African ECOSOCC chapter, Laura Kganyago, said that all documents relating to the Peer Review process had to be made accessible to the people. She said these documents had to be simplified, as well as translated into all the official languages and Braille.
All these are correct demands, given that it is critically important that the Peer Review process should include as many of our people as possible. This also means that we will have to take all necessary measures to popularise and explain the Peer Review process as much as possible, so that the masses of our people and their authentic organisations engage this process enthusiastically and in a meaningful manner.
The objectives we have set ourselves as a country are very much in keeping with those our continent has adopted, as represented by the AU Constitutive Act, NEPAD and the APRM. Among other things, and consistent with the fundamental outlook of our movement, this emphasises our commitment to the vision that the peoples of Africa share a common destiny and must therefore continue to act in partnership and solidarity.
The Peer Review process enables each of our countries to assess the progress it is making towards the achievement of the shared goals we have already mentioned. This is a country review rather than merely a review of government performance. This is simply because national development in any country is driven by a variety of social forces, and not just the government.
Consistent with our movement's commitment to a people-driven process of progressive change, we fully support the approach of the APRM to involve the masses of the people in the peer review process.
This is especially important given that the peer review should conclude with a Programme of Action to address whatever shortfalls would have been identified by the review. It is essential that the people themselves should own this Programme of Action as their own and work to implement it, so that they do indeed continue to act as their own liberators, determined to decide their future.
The APRM also gives the countries and peoples of Africa an opportunity further to strengthen the relations of solidarity among themselves. First of all, they open themselves to mutual critical assessment, departing from the previous African practice according to which everything was categorised as "internal affairs", in which no other country was allowed to "interfere".
This departure from past practice makes it possible for our countries to learn from one another, enabling each one of us to adopt the best successful practice that might have emerged in any one of our countries. This will help to speed up development in our countries, responding to the expectations of the African masses for a faster process of progressive change.
In addition to this, the peer review process will create the possibility for us to help one another in practical ways. Once the APRM has identified any shortfalls in the participating countries, it will be possible, through the APR Forum of Heads of State and Government, for each one of these countries to appeal to its peers, the other African countries, for the necessary assistance to address those shortfalls. NEPAD would also intervene to give the necessary support to enable each one of our countries to meet the benchmarks set by the APRM.
There are still some people in our country who think that the African Peer Review system will be ineffective because it is voluntary and does not include sanctions. Clearly, these sceptics have not understood the commitment of the masses of the African people to overcome the problems that have afflicted our continent for a number of decades. They believe that these masses and their leaders should be threatened with punishment to persuade them seriously to engage the challenge of the renaissance of Africa.
We know that the masses of our people need no compulsion to persist in the struggle for the achievement of the goal of a better life for all and the fundamental social transformation of our country. Neither do the masses of the people anywhere else in Africa.
As has already been demonstrated in two of the countries that have been reviewed, Ghana and Rwanda, the people of Africa have responded to the APRM with great enthusiasm, understanding the potentially powerful impact the African Peer Review system can make in helping to change their lives for the better.
In a paper published in January 2003, Fabrizio Pagani, Legal Adviser of the Organisation for Economic Co-operation and Development (OECD), said:
"Best practice is a fashionable term in policymaking these days. Governments and agencies will say they do all they can to ensure their policies are not only in the best interests of their electorates, but that they follow the best tried and tested experience available. But how can we be sure that governments really make such best choices?
"One tried and tested instrument is the peer review. It is the assessment of the policies and performances of a country by other countries. The goal is to help participants to improve their policies and comply with established standards and principles. It is often through this process that best practices are identified.
"Peer reviews show that international organisations can indeed be creative, for it would not be an exaggeration to claim that the OECD "invented" the modern peer review process. Since it began in the 1960s, it has been adopted by other organisations such as the EU [European Union], IMF [International Monetary Fund] and WTO [World Trade Organisation]. Now it is in the process of being adapted to the needs of the New Partnership for Africa's Development (NEPAD).
"Compared with some arguably harder edged private-sector country studies, there is a distinct prospect that (peer review) conclusions, however negotiated, will be acted upon. From an international perspective, this 'soft law' quality of peer review can prove more effective in encouraging compliance with recommendations than any traditional enforcement mechanism like a court or other judicial body.
"But a peer review can function properly only if there is a commitment to act by the participating countries - and that means not only supplying enough money to carry it out, but also being fully engaged at every stage in the process.
"Far from being excessively procedural and impotent, as some critics have argued, peer review can create a catalyst for policy enhancement and far-reaching change."
We too must ensure that the people and all the organisations, institutions and sectors that were represented at the consultative conference that launched our APR process on 28-29 September, remain fully engaged at every stage of the peer review process.
Through this engagement, in which our movement structures must involve themselves, we must ensure that our peer review process serves as a catalyst for policy enhancement and progressive change.
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