ANC Today Briefing Document

FROM ORGANISATION OF AFRICAN UNITY TO THE AFRICAN UNION. CAN IT BE A REALITY AND WHAT IS SOUTH AFRICA'S ROLE?

Introduction

The highlight of the 2000 OAU/AEC Assembly of Heads of State and Government in Lomé, was without doubt, the adoption of the Constitutive Act of the African Union, in terms of the Sirte Declaration of 9 September 1999. As a follow-up, the recent Extraordinary Summit in Sirte was particularly important because all OAU Member States seemed to be conscious to witness the beginning of the new era and epoch of entrenched unity in Africa, but at the same time cognisant of the road travelled and the firm basis that has been laid towards democracy and the rule of law. It was indeed the case of the new struggling to be born out of the old for the old has given a context through which the new could exist. This is an important dialectical relationship that is yet to underpin the unfolding of this process - the unity and struggle of opposites.

The African Union will evolve from the OAU and the AEC into one unified institution. By adopting the Constitutive Act during the Lomé Summit of the OAU on 11 July 2000, the African Leadership had taken a bold and important step towards the renewal and regeneration of Africa. This was recognition of the need to rebuild and enhance African solidarity by creating a new organisational form that would respond to the new challenges facing Africa in the new global environment. Indeed they positively responded to a call of the Summit to "Strengthen OAU capacity to enable it to meet the challenges of the new millennium". Thus the adoption of the Constitutive Act marked the first giant step in an ongoing process to streamline and rationalise the existing organisational framework of the Continent, in so doing making the African Union relevant to the demands of the 21st Century and to achieve the ultimate goal of African Unity.

Surely, South Africa has an important role to play as a member of the African Community. This process is unfolding in a period in which South Africa is preparing to join the Troika of OAU/AU leadership in 2001 and assuming the Chair of the OAU/AU in 2002. This is a difficulty time that call for imaginative leadership as South Africa is called upon destiny to be one of those countries that will preside over this painfully transformation process. We dare not fail.

From the Old to the New

The Organisation of African Unity (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. The formation of the OAU was a milestone in the decolonisation of the continent as it gave new political impetus to African peoples struggles to rid the continent of all vestiges of colonial oppression and economic subjugation. In this context, the founding principles of the OAU, laid a firm basis for the continued unity and solidarity of Africa. These were, inter alia;

• to defend their sovereignty, territorial integrity and independence,
• to eradicate all forms of colonialism from Africa
• o co-ordinate and intensify their co-operation and efforts to achieve the better life for the people of Africa
• to promote international co-operation
• to co-ordinate and harmonise members political, diplomatic, economic, educational, cultural, health, welfare, scientific, technical and defence policies
• to give due regard to the Charter of the United Nations and the Universal Declaration of Human Rights

The OAU/AEC has been a crucial platform in championing the aspirations and interests of the Continent and has since its inception developed into a political and economic fulcrum of Africa. It was a uniquely African institution, created by African States as vehicle to serve Pan-African interests - it was a natural focal point for the foreign policies of its member states.

Review of the OAU Charter

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. However, 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 effectively 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, adopted in 1991 and which came into force in May 1994.

These many attempts to review and give new meaning to the mandate of the OAU took a new shift in the Ouagadougou Declaration of 10 June 1998 which resolved to work towards the establishment and consolidation of effective democratic systems by involving all actors of civil society. This marked a new change of attitude in the OAU/AEC, with more emphasis on openness, co-operation with civil society, and most notably a need to bring into the mainstream economic and development issues, whereas the previous agenda was characterised by a strong focus on political issues. Following Ouagadougou, the 1999 OAU/AEC Summit in Algiers marked a definite turning point in the Organisation's history. Its meetings were infused by a new sense of urgency and willingness to reposition the OAU for the next century. In particular, pertaining to the entrenchment of democratic governance in Africa, the Heads of State and Government accepted a proposal that leaders that came to power through coups d'etat would be expelled as from the 2000 Summit if they did not return their countries to constitutional rule. This decision marked a clear undertaking by the OAU/AEC that forceful, unconstitutional changes of government would not be tolerated in the future.

This development gained momentum during the Extraordinary Summit in Sirte, Libya in September 1999. It was at this Summit that the African leadership took a quantum leap in the process of transformation of the OAU by amending the OAU Charter to increase its efficiency and effectiveness. This Summit concluded with the adoption of the Sirte Declaration, which made provision for, inter alia:

• The establishment of an African Union in conformity with the ultimate objectives of the OAU and the provisions of the Abuja Treaty establishing the African Economic Community; and
• The acceleration of the process of implementing the Abuja Treaty, specifically with regard to the shortening of the implementation periods of the Treaty.
• In this instance, the Summit called for the early 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.

The Establishment of the African Union

Acting on the mandate of the Sirte Summit, the first draft of the Constitutive Act of the African Union (as well as the draft Protocol Establishing the Pan-African Parliament) was prepared by a team of legal, political science and economic experts for the OAU Secretariat. The process of refining the Constitutive Act focussed mainly on the legal aspects of the document within the framework of the Sirte Declaration.

By the time the Constitutive Act was adopted by the OAU/AEC Summit in July 2000 in Lomé, these aspects had in the main been adequately addressed. What remained were questions of the functional relationship between the African Union and existing OAU organs; the practicalities of the transitional period of the OAU/AEC to the African Union; and the confirmation and development of policies which were the result of OAU/AEC Summit decisions, i.e. the weaknesses and opportunities these may create.

Objectives of the African Union

The main objectives of the African Union marked a strategic shift from those espoused in the OAU Charter, in that they acknowledged the multi-faceted challenges confronting the Continent, especially in the twin areas of peace and security, as well as socio-economic development and integration. This indeed reflected the spirit of the new generation of African leadership's determination and willingness to face up to important issues and problems facing Africa in an integrated and holistic manner.

In strengthening the founding principles of the OAU Charter, the objectives of the African Union are more comprehensive, as contained in the Constitutive Act, in that, inter alia, they also seek to:

• 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 co-operation, 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;
• Work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.

Note: The principles of the OAU Charter are, in terms of the Sirte Declaration, maintained as part of the orientational basis of the African Union.

Relationship between the African Union and existing organs of the OAU/AEC

Article 5(1) of the Constitutive Act specifies that the organs of the African Union will be:

• The Assembly of the Union;
• The Executive Council;
• The Pan-African Parliament;
• The Court of Justice;
• The Commission;
• The Permanent Representatives Committee;
• The Specialised Technical Committees;
• The Economic, Social and Technical Council; and
• The Financial Institutions.

Looking at the organs of the African Union in particular, only the Assembly, the Executive Council and the Specialised Technical Committees have their functions spelt out in any detail in the Constitutive Act. All other organs will have to be elaborated on in Protocols to the Act. It is in this regard that South Africa should encourage a review of all protocols of OAU/AEC organs and institutions to ensure their justification, relevancy and effectiveness within the African Union.

The Constitutive Act makes provision for a defined transitional period which will ensure a smooth and gradual transition of the OAU and AEC into the Union. The transition of the OAU into the African Union is clear and well spelt out in the Constitutive Act. Regarding the transition of the AEC into the African Union, the Union takes over from the AEC the Pan-African Parliament; the Court of Justice; the Specialised Technical Committees; the Economic, Social and Cultural Council; and the Financial Institutions. In addition, the Union will take over from the AEC the crucial responsibility of co-ordination and harmonising the policies between the existing and future RECs for the gradual attainment of the objectives of the Union.

To move forward the transformation process, the premise should be not to accept that all organs that form an integral part of the OAU/AEC would automatically become an integral part of the African Union. Provision need be made to confirm the devolution of those OAU/AEC assets that would serve the promotion of South Africa's and the Continent's policy objectives. The main organs to be specifically recognised are the African Commission on Human and Peoples' Rights, the Central Organ of the Mechanism for the Prevention, Management and Resolution of Conflict, and the CSSDCA.

One of the glaring omissions in the Constitutive Act is the Central Organ of the OAU that was established in terms of the Cairo Declaration of 1993. Although imperfect, both in terms of mandate, structure, human and logistic capacity, it has developed into one of the most important arms of the OAU Secretariat. It is imperative that the Central Organ and its "secretariat", the Conflict Management Centre, not be lost in the process of establishing the African Union. There exists an opportunity for South Africa, particularly during its tenure on the Troika, and specifically during its period as Chair, to improve the work of the Organ because conflict prevention and resolution remain key challenges that Africa is facing.

The transition of the AEC into the Union necessitates a structural, process and content review of the Abuja Treaty. This is important from a legal point of view, as this will ensure a sound legal basis for the African Union, will ensure that respect for the Rule of Law is maintained, and provide for the progression from organisational activities dominated by security and stability crisis situations to a developmental focus and emphasis. A review of the Abuja Treaty, which is scheduled to commence during 2001, will allow the restructuring of the economic integration process to become an integral part of the AU.

The Conference on Security, Stability, Development and Co-operation in Africa (CSSDCA)

An important supporting element to the whole process of revitalising the organisational structures for the Continent was recognised in the Sirte Declaration by the adoption of the Conference on Security, Stability, Development and Co-operation in Africa (CSSDCA) as an integral part of continental mechanisms and structures. Implicit recognition was given to the CSSDCA's existence as an autonomous process that should serve as catalyst for policy development of its four Calabashes (Security, Stability, Development and Co-operation).

The Report of the First Ministerial Meeting of the CSSDCA, held in Abuja from 8 to 9 May 2000, was adopted by the OAU/AEC Summit held in Lomé. In its Declaration, Summit acknowledged the CSSDCA process as creating a synergy between the various activities currently undertaken by the OAU/AEC, which therefore should help to consolidate the work of the OAU/AEC in the areas of peace, security, stability, development and co-operation. In this regard, the CSSDCA should provide a policy development forum for the elaboration and advancement of common values within the main policy organs of the OAU/AEC. South Africa has offered to host the meeting of the Development and Co-operation Calabashes in order to kick-start and operationalise the CSSDCA process. It is expected that the African Heads of States and Governments will review the work of the CSSDCA during their Summit in South Africa in 2002.

Opportunities presented by the establishment of the African Union

The broad and general foreign policy objectives of South Africa evolve around the following basic issues:

• A commitment to the promotion of human rights;
• A commitment to the promotion of democracy;
• A commitment to justice and international law in the conduct of relations between nations;
• A commitment to international peace and to internationally agreed-upon mechanisms for the resolution of conflicts;
• A commitment to the interests of Africa in world affairs; and
• A commitment to economic development through regional and international co-operation in an interdependent world.

With particular relevance to South Africa's objective of the continent's accelerated economic development, the above-mentioned structure and process provide tangible opportunities to integrate the Millennium African Recovery Programme (MAP) into the continental agenda.

The Africa Union presents tangible opportunities with regard to the further development of policies around appropriate decisions and declarations of the OAU/AEC; other decisions and declarations, e.g. the Euro/Africa Summit, the South Summit and the Millenium Summit which may be appropriate; and also priorities constituting South Africa's foreign policy objectives, in particular, the introduction and implementation of the MAP.

There are three important overlapping periods with regard to the establishment of the African Union and South Africa's resumption of a position of leadership within the Organisation (of particular significance is the fact that Southern Africa will chair the African Union for four years and be part of the Troika for six years):

• Firstly, there is the period leading up to the formal launching of the African Union. This would have been the Extraordinary Summit in Sirte from 1 to 2 March 2001, but depends on when the required number of member states ratify the Constitutive Act.
• Secondly, the transitional period from the OAU/AEC to the African Union, from its formal launching to approximately March 2002.
• Thirdly, South Africa's becoming a member of the Troika with effect from July 2001, leading up to South Africa's assuming of the Chair of the Organisation in July 2002, and remaining part of the Troika up to 2003.

The Council of Ministers Meeting in February/March 2002 would probably be the last meeting of the Council in its present form, before it will be translated into the Executive Council of the African Union. The Summit to be held in South Africa during July 2002 is expected to be the first dedicated African Union summit. Consequently President Mbeki is likely to be the first leader to preside over the new Union.

Specific opportunities are offered by the two main challenges for the above three periods, namely:

1. The clarification of the mandates of the organs of the OAU/AEC to be transitioned into the African Union, particularly organs not reflected in the Constitutive Act Establishing the African Union. There is also a need to clarify the relationship between the African Union and the organs. In addition, the respective mandates for the Chair of the Assembly and the Chair of the Commission of the African Union must be clarified.
2. The further development of policies around appropriate decisions and declarations of the OAU/AEC; other decisions and declarations, e.g. the South and Millennium Summits which may be appropriate; and also priorities constituting South Africa's foreign policy objectives, in particular, the introduction and implementation of the MAP.

Conclusion

Concluding the era of the OAU/AEC, it should be recognised that the Organisation had served its purpose and had to make way for a comprehensive and flexible structural organisation of continental mechanisms that would be more responsive to the challenges of the 21st Century. Collectively these new structures and processes will provide a framework for actively projecting the vision of the African Renaissance onto the African Continent as well as instruments for channelling South Africa's foreign policy objectives beyond Africa.

The major opportunity for the African Renaissance should lie in the fact that the African Union will build on the successes and strengths of the OAU, whilst learning from it's failures and weaknesses. Central to the agenda of the AU should be the realisation and acknowledgement that a balance must be kept between the challenges facing Africa, and a dynamic relationship between the need for peace, security and stability on the one hand, and socio-economic development on the other. It is in this context that the AU must be able to singularly and collectively champion the many initiatives and programmes that Africa and her regions and sub-regions are engaged in to address different problems and issues. The African Union should therefore be a movement through which the goals of African Renewal and Regeneration would be achieved.