African gov newsletter fin

African Governance Newsletter Vol.1 Issue 01 January-March 2011 1

African GovernanceNewsletter

Vol.1 Issue 01 January-March 2011

A QUARTERLY NEWSLETTER ON CURRENT DEVELOPMENT ISSUES ON GOVERNANCE IN AFRICA

UNECAGovernance and Public Administration Division

AUCDepartment of Political Affairs

Good governance in Africa

In this issueInterview with H.E.

Mrs. Julia Dolly Joiner, Commissioner for Political

Affairs, African Union Commission

Regional Initiatives

Viewpoints and Think-Pieces

For the records

Pho

to/C

hris

Her

wig

/UN

MIL

Foreword- H.E. Mrs. Julia Dolly Joiner, Commissioner for Political Affairs, African Union Commission 4

Editorial Comment- Said Adejumobi, Chair, Editorial Committee 5

Regional Initiatives and Activities in Africa:

The Road to the “Shared Values Summit’ of the African Union » 6The African Governance Architecture » 8 The African Union’s Draft Charter on the Values and Principles of Public »Service and Administration in Africa 10The Human Rights Strategy for Africa » 12UNECA’s Regional Anti-Corruption Programme » 13AU’s Technical Assistance Programme for Election Management Bodies » 14AGR: A Landmark Report on Governance in Africa » 15 The APRM in fostering Shared Values in Africa » 16 Collective Rejection of Unconstitutional Change of Government as a »Shared Political Value in Africa 17

Interview: Interview with H.E. Mrs. Julia Dolly Joiner, Commissioner for Political Affairs, African Union Commission on her stewardship and progress on governance and democracy in Africa 18

Viewpoints and Thinkpieces: Governance Reform in a Post-Conflict Context: The Liberian Experience- H.E. Amos Sawyer, former President of Liberia, Chairperson, Liberian Governance Commission, and Member, APRM Panel of Eminent Persons 23

For the Records: Status of Ratification of the Charter on Democracy, Elections and •Governance by AU Member States 30

Recent and Upcoming Events and Activities 31

In this issue


African GovernanceNewsletter

Vol.1 Issue 01 January-March 2011

A QUARTERLY NEWSLETTER ON CURRENT DEVELOPMENT ISSUES ON GOVERNANCE IN AFRICA

UNECAGovernance and Public Administration Division

AUCDepartment of Political Affairs

Good governance in Africa

In this issueInterview with H.E.

Mrs. Julia Dolly Joiner, Commissioner for Political

Affairs, African Union Commission


Viewpoints and Think-Pieces

For the records

Pho

to/C

hris

Her

wig

/UN

MIL

Consultative Advisory GroupH.E. Mrs. Julia Dolly Joiner, Commissioner for Political Affairs, African Union CommissionMr. Abdalla Hamdok, Director, Governance and Public Administration Division (GPAD), UNECA.

Designed and printed by the Documents Publishing Unit-PCMS, UNECA

Editorial Committee

Co-Chairs: Said Adejumobi- ECA andSalim Latib – AUC

Members: Gamal Ibrahim- ECA Chrysantus Ayangafac- AUC Mercy Wambui- ECA Abraham Roch Okoko Esseau – AUC Valerio Bosco- ECA

H.E. Jean Ping, Chairperson of the AU Commission on the Occasion of the 50th Anniversary of the United Nations Economic Commission for Africa. (24th October 2008)

H.E. Mr. Abdoulie Janneh, UN Under-secretary General and ECA’s Executive Secretary, and H.E. Mr. Jean Ping, Chair of the African Union Commission are the primary drivers of the partnership between the two institutions

“...we are uniquely privileged to have had a long history of valuable working relations and partnership with the ECA....

The Collaboration is designed to enable programmatic synergies but also to initiate dialogue, build consensus and mobilise partnership among stakeholders and to ensure ef-fective result-oriented actions that would enrich the living

conditions of the people of our continent...”

“This is Africa’s moment, which must be seized to transform the economic and social destiny of our

continent. Achieving the MDGs is critical to this end, just as is improved governance of our development processes. ECA

stands ready to support the efforts of the African Union and its Commission in pursuit of these noble objectives”.

H.E. Mr. Abdoulie Janneh, Speech to the Seventeenth Ordinary Session of the Executive Council of the African Union, 22 July 2010, Kampala, Uganda

4 Vol.1 Issue 01 January-March 2011 African Governance Newsletter

Sustaining the governance and democracy momentum in Africa requires that knowledge driven advancement be mo-

tivated by information and perspectives. Efforts to shape and reshape local and global views on Africa are furthermore con-tingent on information related to progress made and the activi-ties undertaken and unfolding within the terrain of governance and democracy. There is a great deal that has unfolded and that continues to unfold as a result of the wider commitment to governance and democracy, but much of this remains muddled in formal reports and in the confines of diplomatic dialogue. This Newsletter responds directly to existing information and knowledge gaps and is, in essence, directed at showcasing the activities, events and programmes in governance and democ-racy that are unfolding within Africa.

Over the course of the past few months and indeed over time, the Department of Political Affairs of the African Union Com-mission (AUC), working with the Governance and Public Administration Division of the United Nations Economic Commission for Africa (UNECA), under the overall leader-ship of the Chairperson of the Commission, His Excellency Jean Ping and the Executive Secretary of the UNECA, Mr. Abdoulie Janneh, recognized that there is an urgent need to close the information gap and move beyond the communica-tion muddle and formalism that characterize relationships and interactions. The Newsletter is hence a product of the organic maturation of work that has unfolded in Africa in governance and democracy. In response to the democratic momentum and general commitment to governance, the AUC and the UNECA have initiated a number of programmes and activities. Knowl-edge of these is limited and often only confined to channels of formal communication. Even outside of a demand for more in-formation from civil society, partners and the general citizenry, policy makers have also called on us to begin sharing informa-tion in a more accessible and user friendly manner. In addition to other communication efforts, this Newsletter represents a very innovative and simple response to a wide demand for information.

The shape and direction of what is contained in the Newslet-ter will always be contingent on the demands and perspectives of readers and the need to ensure that there is wider access to information. It is indeed, for this reason that through the part-nership between the Department of Political Affairs (DPA) of the AUC and the Governance and Public Administration Division (GPAD) of the UNECA, a decision was made to focus substantive content of the Newsletter on the provision and sharing of information on major initiatives, activities and events on governance especially at the regional level, and offer-ing independent reflections and perspectives on contemporary African governance issues and challenges. As both the African Union and the United Nations play active leadership roles in shaping the direction and content of work in governance and democracy, it is expected that this Newsletter will serve as an invaluable source of information for other actors and will over time become an essential instrument for coordinative action on governance in our Continent.

Viewed in the wider context, the Newsletter represents a key instrument for all of the stakeholders who are and would be

Forewordcentral to the Af-rican Governance Architecture and the African Governance Platform that would be launched, subject to the approval of the Policy Organs of the African Union. Indeed, at the centre of the African Gov-ernance Platform is a desire to ensure more coordinated responses to mandates through a more effective exchange and dissemination of information. Whilst the Newsletter constitutes a major step forward in the information-sharing process, both the DPA-AUC and GPAD-ECA recognize that much more will be needed to facilitate greater impact, through evidence-based policy development and implementation. This is indeed the substantive logic of the partnership that has been forged and that this Newsletter reflects.

The release and launch of the inaugural edition of the Newslet-ter at the 16th Ordinary Summit of the Union on the Theme ‘Towards Greater Unity and Integration through Shared Values’ is no coincidence. The Summit provides us all with an immense opportunity to reaffirm our mandate and hence cre-ate greater commitment to democracy and governance. Releas-ing this first edition during the Summit thus provides all of us with an opportunity to support and encourage the sustenance of this noble initiative. Whilst there is and has to be commit-ment from the institutions involved, the value of the initiative resides, in the final analysis, on the views and perspectives of those who read the Newsletter and those who would, from all AU and UN structures, contribute to future editions. We remain committed to delivering the Newsletter on a quarterly basis and it is anticipated that the next version will focus on the outcomes of the Summit. Your support in reading and circulat-ing the Newsletter and information widely would be further testimony to the commitment we all share in sustaining Africa’s governance and democracy momentum.

I would like to thank the Editorial Team for the efforts in pro-ducing this maiden issue of the African Governance Newsletter and express the hope that it does represent the first in a series of informative and interactive publications on governance within the African Union.

H.E. Mrs. Julia Dolly Joiner Commissioner for Political Affairs African Union Commission


This Newsletter is a practical testimony to the grow-ing partnership between the AUC and ECA in har-

nessing their relative strengths and comparative advan-tages in mutually promoting the cause of governance and democracy in Africa. This first edition of the newsletter released and launched at the 16th AU Summit on Shared Values in Africa is an unequivocal demonstration of the importance and commitment both institutions (AUC and the ECA) attach to information and knowledge ex-change. The persuasion for this initiative is based on the reality that while a lot is happening at the regional and sub-regional levels on governance, there are information gaps, for policy makers and the African people to follow, comprehend, and critique the unfolding governance pro-cesses and developments. With the strong trend towards regionalism in Africa, both at the economic and political levels, it has become imperative to create a simple yet educative and informative channel to engage the people and policy makers at the level of Member States in the Continent.

This newsletter is meant to serve as (i) an information resource centre for ongoing activities and initiatives on governance at the regional and sub-regional levels in Af-rica (ii) a platform for critical but responsible reflections and dialogue by Africans on contemporary governance challenges; (iii) a feedback mechanism from the people on their views, perceptions and interests on regional programmes and (iv) a complementary initiative to the African Governance Architecture of the AUC, to show-case how the AU is building coordination, coherence and strong partnership for effective performance by its organs and the RECs on governance and democracy in Africa.

For the ECA, this initiative complements its work on governance in Africa, especially the African Governance Report (AGR). While the AGR is a rigorous empirically based research and policy product, the African Gover-nance Newsletter (AGN) is a simple information tool to keep Africans abreast of developments on governance in their Continent. Both (AGR & AGN) will certainly go a long way in reinforcing the knowledge and information base on governance in Africa.

The structure and content of the Newsletter have been carefully designed. The Newsletter is in four major parts. The first part centers on major regional initiatives and activities in Africa; the second part is dedicated to the interview of a prominent African, who has helped to shape policy on governance and democracy in Africa. In this edition, we bring you an interview with Her Excellency, Mrs. Julia Dolly Joiner, Commissioner for Political Affairs at the African Union Commission, who was elected to the Political Affairs portfolio at a critical conjuncture in the transition from the OAU to the AU, and its governance agenda. The third part is on “View-points and Thinkpieces”. This segment is to promote informed discourse on contemporary governance issues

Editorial Comments

and challenges in Africa. In this edition, H.E. Prof. Amos Sawyer, former President of Liberia and currently, Chairperson of the Governance Commission of Liberia and Member, APRM Panel of Eminent Persons, is our guest contributor. He reflects on the governance reform in a post-conflict context, focusing on the experience of Liberia, which he directly manages. This section of the Newsletter is based on the personal views of the guest contributor and cannot be ascribed to both the AUC and ECA, or the Editorial Committee. The last section of the Newsletter is on regional documents which we reproduce for general information and records.

We hope that in subsequent editions of the Newsletter, we would be able to provide information on the activi-ties from the other AU organs and institutions working on governance related issues like the Pan-African Parlia-ment, the African Court of Justice and Human Rights, the African Commission on Human and Peoples Rights (ACHPR), Africn Peer Review Mechanism (APRM) and the Regional Economic Communities (RECs). We have already set the machinery in motion for this.

The Editorial Team would like to thank the leadership of both the AUC and ECA for their support for the initia-tive. They provided the moral and financial support to make the Newsletter happen. The Consultative Advi-sory Group has been a major back-stopping body for the Newsletter. The Editorial Committee has had to bounce ideas back and forth with them on the shape and direc-tion that the Newsletter should take. My colleagues on the Editorial Committee have been extremely committed to the cause of the Newsletter and highly enthusiastic about its production. I hope they feel fulfilled and satis-fied with the collective product that we have. Colleagues at the Documents and Publishing Unit at the ECA, who undertook the design, layout and production of the Newsletter, deserve our special commendation. Working under a tight schedule, they ensured that the Newsletter is ready for the Summit.

I hope the readers will find this effort a worthy endea-vour! Your comments on the Newsletter will be highly appreciated.

Said AdejumobiChair,

Editorial Committee


The Road to the “Shared Values” Summit of the African Union


Introduction

The 14th Session of the As-sembly of the African Union (AU) endorsed a recommen-

dation of the Executive Council (EX.CL/Dec.525 [XVI]) that the theme of the 16th Ordinary Session of the Assembly in January 2011 should be dedicated to “Shared Values in Africa” and in particular, the putting in place of a Pan-African Architec-ture on Governance. The Executive Council Decision also recommended that the 16th Ordinary Session of the Assembly should identify obstacles and measures to be adopted to facili-tate continental integration based on shared values. This theme is consis-tent with the Strategic Plan of the African Union Commission (2009-2012) in which “Shared Values” is one of the four priority pillars of the Commission. “Shared Values”, in this context is conceived in terms of the collective interests, and aspira-tions of the Union and the African people that can facilitate the process of regional integration especially in the areas of democracy, popular par-ticipation and improved governance in Africa.

In preparation for the 16th Ordi-nary Summit of the AU Heads of State and Government, the Depart-ment of Political Affairs of the AUC embarked on a process of collective reflection to ensure that the Summit serves as an opportunity to reaffirm and commit to implementing the Shared Values of the African Union. As Shared Values is subject to debate and wider contestation, a more reflective process would facilitate consensus on the future shape and direction of the governance agenda. Whilst Member States are core to shaping and determining the actions and direction of Shared Values, it is accepted that the issues embodied in Shared Values are complex and could benefit from expert engagement and wider debates.

It is against this backdrop, that the DPA organized series of Consulta-tions aimed at building consensus on how Shared Values (on Democracy and Governance) can accelerate continental integration. In keep-ing with the overall rational of a focused reflection, the objective of the consultations was to focus on

building a common perspective on the evolution and future policy path to be pursued. In this regard, the consultations addressed the follow-ing questions:

What constitutes Shared Values •at the Continental, Regional and National Levels and how have they evolved?

What has been achieved and •what needs to be done within the Shared Values space as a catalyst to the integration process?

What are the challenges in Shared •Values?

What should be the future policy •orientation on Shared Values, building on established and unfolding processes, such as the African Charter on Democracy, Elections and Governance and the African Governance Architecture?

Process The consultations were diverse but focused to ensure that there is thor-ough reflection on the theme. Whilst the DPA made presentations during

Group photo of the Gender and Youth Consultative Fora on the Shared Values Summit

Photo: C

ourtesy AU

C/D

PA


the consultations, participants took the lead in the direction and content of the debate. The role of the AUC was that of a facilitator and listener. The follow-ing consultations were organized:

Civil Society Consultation: This consul-tation took place from 26-29 Novem-ber 2010, in Abuja, Nigeria. CIDO and the Department of Political Affairs of the Commission convened the consul-tation, and the ECOSOCC (Political Cluster) provided overall leadership in facilitating the deliberations. The consultation was attended by African Civil Society Organizations from across the Continent. In the conclu-sions of the consultations, the CSOs committed themselves to take owner-ship and responsibility for articulating and facilitating implementation of the AU Shared Values.

Youth Forum: The Forum took place in Addis Ababa, Ethiopia, from 6-7 December 2010. The forum was co-convened by the DPA and the Depart-ment of Human Science and Technol-ogy which have within its portfolio, youth issues. The forum was attended by participants from African Union Member States. The forum recom-mended, amongst others, the need to institutionalize the Youth Forum as a means of enhancing predictable and sustainable youth participation in the AU. It was also affirmed that a Youth Parliament will popularize the AU and enhance youth awareness about governance and policy making process at the continental level.

Gender Forum: The Gender Forum took place in Addis Ababa and was attended by representatives from Gender Organizations and Member States. Amongst the participants were a number of Ministers responsible for Gender or Women’s Affairs. This fo-rum stressed the imperative of imple-menting the AU policy orientation towards gender equality and women representation and participation in the governance and democracy policy making process of Member States.

High Level Experts Consultation: These consultations were attended by, amongst others, academics, represen-tatives from partner organizations,

the Chairperson of the 6th Conference of Ministers of Public Service and all Members of the Advisory Board on Corruption. This consultation rec-ommended that greater attention be focused on accelerating ratification, domestication, harmonization and implementation of governance instru-ments. It further stressed the impor-tance of establishing a Governance coordinating mechanism within the AUC.

Consultation between AUC and the RECs: The consultation was held on 10 December 2010 and attended by six of the 8 recognized RECs. This meeting noted that RECs as the building blocks for Africa’s unity and integration are critical to Governance and Democracy, but often their role is not fully under-stood with regard to policy initiation, development and implementation. It thus recommended that there is need to ensure that AU-RECs relationship is strengthened in governance through policy and programme harmonization.

AU Member States’ Consultation: This meeting took place from 13th - 15th December 2010 in Addis Ababa, Ethiopia. Thirty-one Member States were represented at the consultation. Besides reflecting on the theme of the Summit, the consultation also made inputs into the draft Summit Dec-laration. Furthermore, the meeting deliberated on the “Discussion Paper” which hitherto had been considered and revised by the preceding meetings on Shared Values. The Member-States Expert Meeting reviewed and finalized the document to be submitted to the decision-making organs of the AU. The main conclusion of the consulta-tion was that there is need for African ownership and responsibility in taking forward Shared Values.

Outcome The general consensus that emerged from the consultations is that there is need to shift focus from norms setting to consolidation and implementation. The main recommendations of the consultations and meetings are at two levels. The first is focused on accelerat-ing continental integration through enhancing policy and programme convergence in Democracy and Gov-ernance and the second is to evolve and strengthen the African Gover-nance Architecture as the institutional mechanism to harmonize and facilitate policy convergence amongst Member States.

The consultations concluded that Member States should take appro-priate measures to harmonize their national laws and regulations with AU instruments on Democracy and Governance. The AUC and RECs were encouraged to enhance coor-dination and harmonize their policy and programmes within the fold of Shared Values. It was affirmed that there is need to develop benchmarks for implementation of the commit-ments and principles as contained in AU instruments relating to Democracy and Governance.

It was recommended that Member States which have not ratified the AU Charter on Democracy, Elections and Governance and other important regional instruments should do so for those instruments to come into force and be implemented. Furthermore, it was emphasized that the process of reviewing the mandate of the Pan African Parliament, and the proposal to give the African Court of Justice and Human Rights jurisdiction over crimes under international law such as genocide, crimes against humanity and war crimes should be accelerated.

The AU Commission was urged to launch the African Governance Platform as a mechanism to facilitate information flows, coordination and evaluation of the implementation of the AU instruments on democracy and governance amongst AU organs and the RECs in Africa

The general consensus that emerged from the consul-tations is that there is need to shift focus from norms setting to consolidation

and implementation.


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 Unconstitu-•tional Changes of Government;

Lomé Declaration for an OAU •Response to Unconstitutional Changes of Government;

The OAU/AU Declaration on •Principles Governing Democratic Elections in Africa;

Protocol Relating to the Establish-•ment of the Peace and Security Council of the African Union;

African Union Convention on •Preventing and Combating Corrup-tion;

African Union Post Conflict and •Reconstruction Policy Framework;

African Union Convention for the •Protection and Assistance of Inter-nally Displaced Persons in Africa;

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.

The main vision encapsulated in all these instruments is to create a democratic, well governed, stable, and prosperous continent, where Member States and the peoples of the Conti-nent will respect the values of human rights and the rule of law, democratic norms, culture and practices, free, fair and credible elections and absolute rejection of unconstitutional or illegal transfer or seizure of power.

Pillar Two: Institutional FrameworkThe AGA could be conceived as a well-ordered and neatly assembled structure, institution and mechanism to give operational expression to

The African Governance Architecture Introduction The Decision of the 15th Ordinary Summit of the Assembly of Heads of State and Government of the Afri-can Union (Assembly/AU/Dec.304 (XV)) was to dedicate the theme of the 16th Ordinary AU Assembly to Shared Values of the African Union, and also mandated the African Union Commission (AUC) to put in place a Pan-African Architecture on Gov-ernance. It is anticipated that the Ar-chitecture would provide the process and mechanism of enhancing policy dialogue, convergence, coherence, and harmonization amongst AU Organs, institutions and Member States as a way of speeding up the integration process on the continent.

Given this mandate, the Department of Political Affairs of the African Union Commission initiated the process of articulating and develop-ing the African Governance Archi-tecture (AGA). The rationale for the AGA is that while there are several governance instruments, frameworks, and institutions at the regional, sub-regional and national levels, there is little or no effective synergy, coordi-nation and harmonization amongst them. These institutions work mostly

in silos, and do not benefit adequately from each other even at the level of sharing information and coordinating their activities for effective perfor-mance. The AGA is therefore meant to fill this important gap in the gover-nance mechanism of the continent. The idea of the AGA is not about cre-ating new institutions, but establish-ing ways and means of strengthening the existing ones and ensuring their effective coordination and optimum performance.

Definition and Structure of AGA: The AGA is the overall political and institutional framework for the promotion of democracy, governance and human rights in Africa. The AGA is an evolving mechanism composed of three principal pillars: It consti-tutes of a vision/agenda; Organs and Institutions; mechanism/processes of interactions amongst AU organs/ institutions with a formal mandate in governance, democracy and human rights.

Pillar One: Norms/VisionThe AGA projects the governance vision for the continent. This gover-nance vision is embodied in the gov-ernance norms, standards, principles and practices both at the regional and continental levels which Member States of the AU have collectively and individually committed themselves to. These principles, practices and standards permeate the various policy pronouncements of the AU. Some of


The AU Advisory Board on Cor-•ruption

NEPAD Planning and Coordinat-•ing Agency (NEPAD Agency)

Regional Economic Communities.•

Pillar Three: Interaction Mechanism and Processes An African Governance Platform is the major institutional mechanism for the expression of the AGA. During the consultations, it was agreed that establishing the Platform is imperative in strengthening the AGA by enhanc-ing coordination, harmonization and implementation. To consolidate and enhance implementation of the gover-nance agenda, AU organs and institu-tions with a formal mandate in gover-nance agreed to establish a governance platform. The role of the Platform is to facilitate information flow, exchanges, dialogue, synergies and joint action amongst the various AU governance institutions and actors, and monitor

the Africa Governance vision. AU institutions, organs and initiatives with a formal mandate in democracy, governance and human rights strive to consolidate democratic governance in Africa by enabling and facilitating the internalization of AU instruments on governance in Member States of the AU; ensure overall coherence and convergence of the governance pro-grammes at the regional and continen-tal levels. The following are the main institutions that comprise the AGA:

AU Commission; •

African Court on Human and •Peoples’ Rights;

African Commission on Human •and Peoples’ Rights;

Pan-African Parliament; •

African Peer Review Mechanism; •

The Economic, Social and Cultural •Council;

compliance and implementation of the major governance instruments and commitments. The Platform is not to duplicate the mandate or work of existing organs/institutions and initia-tives; and would not act as a decision-making body. The Platform is simply a platform for coordination, harmoniza-tion and coherence on governance in Africa.

Conclusion: Rather than a panacea to the gover-nance challenges facing the conti-nent, 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 inte-grated approach is no substitute for the primary responsibility of AU Member States in democracy, governance and human rights. The AGA is premised on complementing the primary responsi-bility of States and existing institutions of the AU on governance

The Architecture would provide the process and mechanism of en-hancing policy dialogue, conver-

gence, coherence, and harmoniza-tion amongst AU Organs, institu-

tions and Member States as a way of speeding up the integration process

on the continent


Pursuant to the aforementioned Deci-sion, the African Union Commission initiated several activities between September 6 and November 9, 2010. The first of these was the Member States Experts Meeting organized in Maputo, Mozambique, from 06 to 08 September 2010. The experts from about thirty Member States of the Union reviewed and finalized the Draft Charter pre-pared under the auspices of Algeria in the light of the mandate received from the Executive Council. At the end of the Maputo meeting, the preamble and several articles of the Draft Char-ter submitted to the Member States Experts were amended. The outcomes of the Maputo meeting were submitted for consideration to the 5th Extended Bureau Meeting of the 6th Conference of African Ministers of Public Service held in Maputo, Mozambique, on 9 Septem-ber 2010.

In examining the outcomes of the Mem-ber States Experts’ work, the African Ministers of Public Service noted the progress recorded in the review of the Draft African Charter on the Values and the Principles of the Public Service and Administration, and requested its sub-mission to the African Union Assembly through the Executive Council for adoption. It should be recalled that in accordance with one of the recommen-dations of the Member States Experts meeting, it was advised that there needs to be a harmonization of the different language versions of the Draft Charter.

The process of developing a charter on Public Service in Africa dates back to the 2nd Conference of African Ministers of Public Service held in Rabat, Mo-rocco, in December 1998. At the end of that Conference the “Rabat Declaration” was adopted, which recommended the development of a Charter on Public Ser-vice for Africa. As such, a working group was immediately established under the auspices of the African Center for the Training and Research on Administra-tion for Development (CAFRAD). Three years after the 1998 Conference held in Rabat, at the 3rd Conference of African Ministers of Public Service held in Windhoek, Namibia, in February 2001, this working group submitted the outcome of its work which was adopted by the Conference under the name of “Charter of Public Service in Africa”. This charter drew its inspiration from the experiments of administrative re-form in many African countries with the support of international partners. This particular version of the Charter is also referred to by public service scholars and practitioners as the “2001 Charter”. The Charter represents a major attempt at anchoring the African Public Service in the values of political neutrality, pro-fessionalism, effective implementation of adopted public policies, fair working conditions, respect for ethical principles, fight against corruption and satisfaction of users’ needs. Although consolidat-ing a series of fundamental principles necessary for the improvement of Public Service in Africa, the 2001 Charter had however two weaknesses: it was not a biding legal instrument and the process of its development was conducted out of the framework of the African Union. In view of the strategic importance of the Charter to the continent there is currently an on-going process directed at ensuring that the Charter is appro-priately incorporated into the African Union system.

Incorporating the Charter into the African Union SystemUntil the 4th Conference of African Ministers of Public Service held in Stel-

lenbosch, South Africa, in May 2003, this gathering of Ministers was a process completely external to the African Union. This Conference marked the beginning of the process of integrating the African Public Service Charter into the AU system. At the 5th Conference of the African Ministers of Public Ser-vice, held in Addis-Ababa, Ethiopia, in December 2005 the process was given a major boost, as Algeria was entrusted with the responsibility of leading the review and transformation process of the 2001 Charter into a binding legal instrument for the Member States of the African Union.

Following the commitment of Alge-ria which assumed with a great sense of responsibility its task, a first Draft of the African Charter on the Values and Principles of Public Service and Administration was submitted to the 6th Conference of African Ministers of Public Service held in Midrand, South Africa, in October 2008. To complete this process of the development of an African Charter in the African Union, the Executive Council of the African Union, in its Decision Ex.CL/Dec.243 (VIII) on the report of the 5th Confer-ence of African Ministers of Public Service, requested the African Union Commission to review and update the Draft African Charter on the Values and Principles of Public Service and Admin-istration for adoption by the relevant African Union Organs.

The African Union’s Draft Charter on the Values and Principles of Public Service and Administration in Africa

Continental Africa Public Service Day Celebrations, 19 June 2009, Dar-es-Salaam,Tanzania

Photo: C

ourtesy AU

/DPA


24, for instance, stipulates the submis-sion of “the copy of the reports of Member States to the competent authorities of the Union for the determination of suitable actions in their respective fields of compe-tence” and that “the Assembly must take suitable measures aiming at dealing with issues raised in the Commission’s Report”. These mechanisms echo somehow the principles of collective responsibility and non-indifference towards what could occur in a Member State. These mechanisms create the conditions of the enforcement of the Charter. With these mechanisms, and a political will, there are chances that the Charter on the Values and Principles of Public Service and Administration will be applied and the lives of African peoples significantly improved through effective service delivery.

The Draft Charter, to be submitted in four languages to the consideration and possible adoption of the deliberating organs of the Union indicates a real commitment to work for the modern-ization and the improvement of African Public Service and continental integra-tion. It showcases also the collective will of the African Union Member States to prevent and fight corruption, to protect the users and Public Service Agents as well as to promote good governance and sustainable development on the continent. This Draft Charter can thus be regarded as a major step towards the realization of the African Union Shared Values agenda, in its governance com-ponent. Its adoption on the occasion of a Summit devoted to “Shared Values” would constitute a strong signal in the common journey of African States and people towards integration and the building of a better Africa, and a stron-ger continental organization.

Hopefully, after the Draft Charter is adopted in January 2011, it will then be submitted for the signature and ratifica-tion of Member States. Fifteen (15) ratifications will be necessary for its entry into force. An entry into force will undoubtedly fill a vacuum in the norma-tive pillar of the African Governance Architecture and will open the way for some dividends of governance that the African people urgently crave for

reinforcement of the Public Administra-tion‘s capacities, the participation of the users in the administrative processes, the promotion of moral values in the Public Service, the improvement of the working conditions of the Public Service Agents and the protection of their rights, the harmonization of public policies and procedures of African Union Member States relating to Public Service, the equality between men and women in the Public Service and Administration, the reinforcement of international co-operation for the improvement of Public Service and the sharing of good practices and experi-ences amongst Member States.

The objectives of the Charter demon-strate that the Draft Charter aims at fa-cilitating the emergence of a new type of Public Service, more capable of solving contemporary African problems and to comply with a certain number of prin-ciples. The principles privileged in the Draft Charter included the equality of clients of the Public Service and Admin-istration, the prohibition of discrimina-tion; impartiality, equity and respect for the law in Public Services delivery; the continuity of the Public Services in all circumstances; adaptation to the needs of the users, professionalism and ethics in Public Service and Administration; the promotion and the protection of the users and Public Service Agents’ rights; accountability, integrity and transpar-ency in Public Service and Administra-tion; and the effective and efficient use of resources.

The Draft Charter on the Values and the Principles of Public Service and Admin-istration is conceived as a treaty which will bind African Union Member States that ratify or accede to it. Once ratified, it will need to be implemented or ap-plied by States Parties and this applica-tion will have to be monitored. That is why the Draft Charter’s Chapter Six lays down not only mechanisms of applica-tion, but also follow-up mechanisms. Being a collective instrument of the Member States of the African Union, the mechanisms of application envisage actions to be undertaken at the national, regional and continental levels. To make sure that the Charter is implemented, re-porting mechanisms on the application of the Charter are provided for. Article

To this end, the African Union Commis-sion organized harmonization meetings on 27-29 October and 6-8 November 2010 in Addis Ababa, Ethiopia. A har-monization Committee was appointed composed of the Maputo Experts Meet-ing Bureau, African Union Commission and the United Nations Development Program. The outcome of the harmo-nization committee was submitted to the Office of the Legal Counsel of the African Union Commission at the end of the third week of November 2010 for vetting and certification, and for further submission to the deliberating bodies of the AU, for adoption. The Office of the Legal Counsel completed its work in mid-December 2010, thus, the Draft Charter on the Values and the Principles of Public Service is ready for submis-sion in January 2011 to the deliberating organs of the African Union.

Structure, Content and Importance of the Charter The revised Draft African Charter on the Values and Principles of Public Ser-vice and Administration is a document composed of a preamble and seven chapters with thirty-four (34) articles. Chapter One relates primarily to the definitions, objectives and principles enshrined in the Charter. Chapter Two deals with obligations of the Public Service and Administration towards users or the public. Chapters Three and Four centre on the Public Service Agents Code of Conduct and rights. Chapter Five relates to the management and the valorization of human resources, while chapters Six and Seven deal on the one hand with the mechanisms of application, and on the other, with final provisions which are common to most African Union legal instruments. The initial structure of the draft Charter has been largely preserved; what has been done in the review process is to update and finalize the content.

With regard to the content of the Draft Charter on the Values and the Principles of Public Service and Administra-tion, few points are worthy of note. In addition to the definitions, there are significant objectives embedded in the document. These targeted objectives include the delivery of innovating and quality services, the modernization and


Nations General Assembly resolu-tion A/61/296 on the Cooperation between the United Nations and the African Union calls upon the UN system “to support the AU in develop-ing a coherent and effective human rights strategy, including through joint programmes and activities, for the pro-motion and protection of human rights in Africa”.

The starting process on the Strategy was the convening of a consultative meeting of a AU Organs with Hu-man Rights Mandate in September 2008 in Ouagadougou, Burkina Faso, organized by the African Com-mission on Human and Peoples Rights (ACHPR) The meeting was attended by representatives/members of the African Commis-sion on Human and Peoples’ Rights (ACHPR), African Court on Human and Peoples’ Rights (AfCHPR), the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) and the Department of Political Affairs of the African Union Commission (DPA-AUC).

The meeting recommended that AU organs should establish a mecha-nism where there would be regular consultations and annual meetings. With a view to avoiding duplication of activities, the meeting called on all the organs to share information on their respective calendar of activi-ties, planned missions, annual work plans and reports.

Enhance coordination, comple-1. mentarities and synergy among continental, regional and national human rights institutions in Africa as well as the enforcement of deci-sions, commitments and resolu-tions;

Strengthen the capacity of institu-2. tions with human rights mandate at continental, sub-regional and national levels;

Deepen the culture of human 3. rights and democratic governance in Africa;

Harmonize human rights instru-4. ments at continental and regional levels; and

Track progress made in the pro-5. motion of human rights in Africa.

The mandate for undertaking the Human Rights Strategy for Africa derives from the Strategic Plan of the African Union (2009- 2012), which calls for enhanced coordi-nated actions amongst AU organs and institutions with human rights mandate and between them and other institutions and stakeholders on the continent as a means of im-proving the human rights agenda in Africa. This Strategy also constitutes a major part of the “Shared Values” agenda of the Commission especially towards the January 2011 Summit. The United Nations also supported AU’s initiative on developing the Human Rights Strategy. The United

The Human Rights Strategy for AfricaThe African Union Commission (AUC) and the AU organs with hu-man rights mandate with the support of partner institutions like the Office of the High Commissioner for Hu-man Rights (OHCHR) and the Unit-ed Nations Economic Commission for Africa (UNECA) are currently developing a Human Rights Strat-egy for Africa. The Strategy aims to facilitate cooperation, coordina-tion, and effective synergy amongst institutions and actors working on human rights in Africa with a view to upscaling the human rights agenda and ensuring optimal delivery of hu-man rights services in Africa.

Historically, the African political and legal order has always been driven by the need to promote human dignity and protect human rights in Africa. This concern expressed itself in the 1963 Charter of the Organization of African Unity, in the African Char-ter on Human and Peoples’ Rights adopted in June 1981, in the Con-stitutive Act of the African Union adopted in Lomé in 2000 and more recently in the African Charter on Democracy, Elections and Gover-nance, 2007. These four documents indicate the distance covered by the African regional political order in the formulation of principles and standards to guarantee human dignity and rights in Africa, and the development of appropriate mecha-nisms responsible for securing ad-herence to and enforcement of those principles and standards.

While there is a multiplicity of hu-man rights institutions and man-dates, there is little or no coordina-tion amongst those institutions or the tracking of progress made in the promotion of human rights in Africa. The Human Rights Strategy for Africa therefore seeks to achieve the following:

Winners of the AU Short Stories Competition, Africa Human Rights Day, October 2010

Photo: C

ourtesy AU

/DPA


Corruption remains the most press-ing challenge to the promotion of good governance, sustainable democracy, peace, security, stabil-ity and economic development in Africa. Corruption has a corrosive effect on governance institutions in Africa. It erodes trust and confi-dence in public institutions, belies the credibility and integrity of politi-cal leaders, affects the quality and delivery of public services, distorts resource allocation and market functioning, and promotes the misallocation and misapplication of scarce resources. In many resource rich countries in Africa, corruption has been a major issue in political conflicts in which rents from those resources are appropriated by a few and unevenly distributed amongst groups and communities especially to the resource endowed communi-ties. Corruption continues to deepen poverty in Africa, and could be a ma-jor factor in Africa’s (especially Sub-Saharan Africa) inability in meeting the Millennium Development Goals (MDGs) by the target year of 2015.

The last two editions of the African Governance Report of the ECA (2005, and 2009) confirm that corruption is one of the three most serious national problems in Africa, besides poverty and unemployment. In the 2009 report, corruption dipped further in the national survey conducted in 35 African countries. In response to the debilitating chal-lenge posed by corruption in Africa, UNECA has developed a regional anti-corruption programme meant to consolidate and provide strategic direction and intervention on its work on anti-corruption in Africa. The programme is consistent with previous activities and programmes by the UNECA on anti-corruption in the last five years. ECA’s recent works on anti-corruption include policy research on “Assessing the Efficiency and Impact of National Anti-Corruption Institutions in

As a follow-up to the Ouagadougou meeting and the UN commitment to enhance the capacity of the AU, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Economic Commission for Africa (UNECA) and the African Union Commission (AUC) embarked on an initiative to facilitate the process of developing a comprehensive human rights strategy for Africa. A meeting on a draft report on map-ping the African Human Rights Sys-tem took place in Arusha, Tanzania on 25 November 2009. This meeting endorsed AU’s leadership of the process in developing the Strategy and proposed that there should be further consultations with AU or-gans with a Human Rights mandate on the ‘mapping document’- which is a base document in developing the Strategy.

On 11th -13 March 2010, a meeting was arranged by the DPA-AUC in collaboration with the OHCHR, UNECA, and ACHPR in Banjul, The Gambia for AU organs with hu-man rights mandate and the RECs. The meeting considered the “Map-ping Document” and concluded by adopting a clear path for finalizing the Human Rights Strategy for Af-rica. At the end of the meeting, the “Mapping Document” was reviewed and inputs made into its further revision, while a clear ‘roadmap’ was developed and agreed upon to guide the process of formulating the Hu-man Rights Strategy for Africa.

From 25th – 27 October 2010, an expert meeting was organized in Ar-usha, Tanzania, to consider the zero draft of the Strategy. The workshop reviewed the draft of the Strategy and agreed to revise it in line with comments and observations made. The AUC is in the process of revis-ing and finalizing the Strategy, which would still be subjected to validation processes of experts and AU organs, before being taken forward. The finalized draft Strategy will subse-quently be submitted to AU Organs for consideration, approval and adoption, as may be deemed appro-priate

Africa”, “Deepening Judiciary Ef-fectiveness in Combating Corrup-tion in Africa”, a major international conference in 2008 on: “Institu-tions, Culture and Corruption in Africa”, training for national anti-corruption institutions, judiciary, CSOs and other stakeholders and support to the AU Advisory Board on Corruption.

ECA’s Regional Anti-Corruption Programme (ECA-RACP) aims at ensuring the effective elabora-tion and implementation of the UN Convention against Corruption (UNCAC) and the AU Conven-tion on Preventing and Combating Corruption in Africa (AUCPCC). It is a holistic programme that covers the areas of policy-based research, training and capacity development, advocacy, and support to national, sub-regional and regional institu-tions on anti-corruption in Africa. A major component of the programme is the Illicit Financial Flows proj-ect. Africa continues to lose billions of dollars in illicit financial flows especially through multinational corporations (MNCs); funds which otherwise could have been available for development projects and the al-leviation of poverty. According to a report by Global Financial Integrity, from 1970 to 2008, Africa lost over $854 billion dollars, which consti-tutes ‘hidden resources’ for develop-ment in Africa. ECA in collaboration with the AUC and AfDB will work together to address the problem of illicit financial flows in Africa so that resources being lost through this channel can be saved and harnessed for Africa’s economic growth and development.

The ECA will work closely with the AU Advisory Board on Corruption, the UNDP, the Pan-African Body of National Anti-Corruption Institu-tions in Africa, and the RECs in facil-itating the regional anti-corruption programme

ECA Develops “Regional Anti-Corruption Programme”


In keeping with the technical assis-tance mandate, the Department of Political Affairs in collaboration with International IDEA (Institute of De-mocracy and Elections Assistance) has been providing BRIDGE training programmes for officials from Na-tional Election Management Bodies. These courses aim at strengthening election administrators’ capacity to conduct their work in an effec-tive manner and to acquire values, skills and knowledge which will lead towards the delivery of acceptable elections through a succession of electoral cycles. Apart from provid-ing quality professional development training for election administrators, the courses also focus on a transfer of skills through a Training of Trainers approach.

Additionally, to support the Depart-ment’s technical assistance pro-gramme, regional meetings on the promotion of electoral processes with respect to election conduct are underway. These meetings will take the form of seminars at which studies commissioned by the Department will be presented setting out findings with respect to existing mechanisms and procedures and recommend-ing improvements, where necessary. The seminar on the first electoral disputes resolution study was held recently for the Southern Africa De-velopment Community region. The proposed study on electoral disputes is aimed at improving standards in settling electoral disputes

In particular, it calls for Technical Assistance to enhance the capacity of Election Management Bodies. In article 18 for example the Charter states that “State Parties may request the Commission, to provide advisory services or assistance for strengthen-ing and developing their electoral institutions and processes”. This Article is complemented by Article 18 sub-section 2 which states that “the Commission may at any time, in consultation with the State Party concerned, send special advisory missions to provide assistance to that State Party for strengthening its elec-toral institutions and processes”.

The EMB support program has opened the way for sustainable electoral technical assistance to be available to national EMBs from the Department of Political Affairs. To date several requests for technical and financial assistance from individ-ual EMBs of the continent have been reviewed with some EMBs receiving support in various election related fields. With each of the Electoral Commissions, the emphasis has been on assisting either the electoral pro-cedures or management structures of a particular Electoral Commission and to strengthen the organization and conduct of election processes.

Requests by national EMBs to strengthen the organization and conduct of elections may in part be driven by recommendations from consultations with the EMBs by the AUC. These requests alongside requests from post conflict Member States will be prioritized. The re-quests emanating from these sources could concern a wide variety of election related issues, such as review of electoral systems, delimitation of electoral districts, registration of vot-ers, campaign financing, and election logistics management.

Election Management Bodies (EMBs) are in the forefront of de-mocracy building and have a funda-mental role to play in democracy and governance processes. In recognition of this role and the role the AU can play in strengthening capacities of national electoral authorities, the Department of Political Affairs of the African Union Commission through the Elections Assistance Unit has embarked on a three-pronged programme for EMBs. The programmatic focus for EMBs has been in drawing up best practices on key EMB elements and processes; in creating an interactive mechanism through which EMB experiences can be shared and in building the capacities of Electoral Commissions through the provision of elections experts and/or financial contribu-tions, where possible.

This support transcends the admin-istration and management of actual polling to encompass all areas of the electoral cycle; from the traditional areas of voter registration and inter-nal political party processes, to the impact of possibly archaic and con-tradictory constitutional, electoral and legal frameworks that exacerbate rather than ameliorate tensions that come to the fore at election time.

The Department of Political Affairs technical assistance for EMBs is guided by various policy pronounce-ments made by the AU that are significant to EMBs work, in particu-lar, the adopted African Charter on Democracy, Elections and Gover-nance and the Principles Govern-ing Democratic Elections in Africa. The provisions of the Charter that relate to elections provide positive incentives and empower the Elec-toral Assistance Unit and Elections Assistance Fund to support efforts of electoral commissions at improving the conduct of elections in Member States.

AU Commission’s Technical Assistance Programme for Election Management Bodies

This support tran-scends the administra-tion and management

of actual polling to encompass all areas of

the electoral cycle


years. The second decision was to part-ner with the UNDP in the production of the report especially the production of the country reports of the AGR. While AGR country reports are produced in all project countries, not all of them are published or optimal benefits derived from them. As such, partnering with the UNDP would afford greater usage of those reports, and would be useful for UNDP’s programming and policy dia-logue and intervention on governance at the country level. However, ECA leads the AGR process.

The theme for the next edition of the AGR is on: Elections and the Manage-ment of Diversity in Africa. Three major considerations informed the choice of the theme. These are; the findings of AGR I and AGR II; the cross-cutting issues identified by the APRM in the reviews done so far, and general pressing issues on the continent. As the findings of African Governance Report II (2009) indicate, the number of elections has risen across the continent. Between 1996 and 2006, 44 elections were conducted in Sub-Saharan Africa. For the years 2005 to 2007 alone 26 presidential and 28 parliamentary elections were con-ducted. However, the trend is not bereft of challenges; elections continue to trigger conflicts, polarize people, deepen ethnic divisiveness and political violence and promote general insecurity. The report will explore how elections can be a major tool of social cohesion, political harmony and diversity management in Africa, without compromising the basic democratic tenets of elections- freeness, fairness, transparency and credibility

General rightly noted, “without good governance, predictable administration and legitimate power, no amount of funding, no amount of charity will set Africa on the path to sustainable growth”.

The AGR therefore complements ECA’s macro-economic policy inter-ventions aimed at facilitating holistic development process at the political and economic levels in Africa. The AGR adopts a unique methodology, which both combines three instruments (i) the expert panel survey (ii) national house-holds’ survey and (iii) desk research. ECA adopts a decentralized approach in preparing the report in which inde-pendent national research institutions are commissioned to do the country reports. In terms of value, the report has become a major tool of governance policy dialogue, a reference material for scholars, policy makers and civil society organizations, and also serves not only as an authentic instrument for identifying good practices across countries but also constitutes the background material used in the APRM process in many countries.

Two editions of the report have been produced. The first in 2005 covering 27 African countries and the second in 2009 covering 35 African countries and published by Oxford Press, England for ECA. The scope covered by the report include; Political Governance; Eco-nomic Governance and Public Financial Management; Private Sector Devel-opment and Corporate Governance; Checks and Balances in Political Power; Institutional Effectiveness and Account-ability of the Executive; Human Rights and the Rule of Law; Corruption in Africa; and Institutional Capacity Build-ing for Governance. The main finding of AGR II is that there is marginal progress (only 2% points) on governance in Af-rica against the baseline report of AGR I (2005). The report also proffered policy recommendations that are essentially informed by country specific realities.

After the production of two editions of the report, there was a rigorous review process of the report. At the end of extensive reflections and expert consul-tations, two decisions were made. First, is to adopt a thematic approach to the production of the report every two years, and produce a general report every six

AGR: A Landmark Report on Governance in Africa

The United Nations Economic Commis-sion for Africa (ECA) in 1999 initiated a major project on “Monitoring and Assessing the Progress towards Democ-racy and Good Governance in Africa”. A major output of that project is the land-mark report on governance in Africa- The African Governance Report (AGR). AGR represents a major intervention on governance by the ECA meant to assess and monitor the progress African coun-tries are making on governance; gauge citizens’ perceptions on the state of governance in their respective countries; showcase best practices across countries; identify capacity gaps in governance institutions; and propose policy recom-mendations and strategic interventions aimed at improving governance on the continent.

There has emerged a global consensus that governance is central to economic growth, human development and politi-cal stability in the World. The crisis of governance largely explains the slow rate of economic progress and social development on the continent. While Africa and the East Asian countries were at relatively similar levels of development in the immediate post-independent era, the strong governance systems of the latter, which some have described as “development states” that ensured rapid economic growth and human capacity development in those countries. As Kofi Annan, the former UN Secretary-

African Governance Report II2009

Economic Commission for Africa

The African Governance Report, which is the most comprehensive report on

governance in Africa, assesses and monitors the progress African countries

are making on governance, identifi es capacity gaps in governance institutions

and proposes policies and strategic interventions aimed at promoting good

governance on the continent.

The Report focuses on political and economic governance, development of the

private sector and corporate governance, checks and balances in political power,

institutional effectiveness and accountability of the executive, human rights and

the rule of law, corruption and institutional capacity building. It employs a unique

methodology that combines three research instruments—a national expert

opinion panel, a scientifi c household survey and desk research.

The theme of this second edition of the Report is that Africa has made some

progress in improving governance. Though modest, this progress has had

positive spin-offs for the continent: declining levels of violent confl icts and civil

wars, consolidation of peace and security, economic growth averaging 5% in

recent years, modest improvement in the living standards of the African people

and fewer deaths from HIV/AIDS. Africa also continues to post remarkable

progress in economic governance and public fi nancial management. African

economies are better managed, with improvements in the tax system and

revenue mobilization, better budgetary management and a more conducive

environment for private investment and private-sector growth.


Economic C

omm

ission for Africa

African G

overnance Rep

ort II 2009

African Governance Report II2009


The African Governance Report, which is the most comprehensive report on

governance in Africa, assesses and monitors the progress African countries

are making on governance, identifi es capacity gaps in governance institutions

and proposes policies and strategic interventions aimed at promoting good

governance on the continent. The Report focuses on political and economic governance, development of the

private sector and corporate governance, checks and balances in political power,

institutional effectiveness and accountability of the executive, human rights and

the rule of law, corruption and institutional capacity building. It employs a unique

methodology that combines three research instruments—a national expert

opinion panel, a scientifi c household survey and desk research. The theme of this second edition of the Report is that Africa has made some

progress in improving governance. Though modest, this progress has had

positive spin-offs for the continent: declining levels of violent confl icts and civil

wars, consolidation of peace and security, economic growth averaging 5% in

recent years, modest improvement in the living standards of the African people

and fewer deaths from HIV/AIDS. Africa also continues to post remarkable

progress in economic governance and public fi nancial management. African

economies are better managed, with improvements in the tax system and

revenue mobilization, better budgetary management and a more conducive

environment for private investment and private-sector growth.


Econom

ic Com

mission for A

fricaA

frican Go

vernance Rep

ort II 2009

AGR Dr. Abdalla Hamdok, Director GPAD-ECA; The Division that produces AGR


population including Algeria, Angola, Benin, Burkina Faso, Cameroon, Cape Verde, Djibouti, Egypt, Ethiopia, Ga-bon, Ghana, Kenya, Lesotho, Malawi, Mali, Mauritania, Mauritius, Mozam-bique, Nigeria, Republic of Congo, Rwanda, Sao Tome & Principe, Sen-egal, Sierra Leone, South Africa, Sudan, Tanzania, Togo, Uganda and Zambia.

Among the above acceded countries, the following thirteen countries had been peer reviewed and their reports made publicly available: Algeria, Benin, Burkina Faso, Ghana, Kenya, Lesotho, Mali, Mauritius, Mozambique, Nigeria, Rwanda, South Africa, and Uganda. Ethiopia is at an advanced stage of review.

The APRM stresses the responsibil-ity of national governments and other stakeholders, including “participating Heads of State and Government,” to ensure and monitor the domestication

The African Peer Review Mechanism (APRM) is a mutually agreed instru-ment voluntarily acceded to by the Member States of the African Union (AU) as an African self-monitoring mechanism. The APRM is a bold, unique and innovative approach designed and implemented by Africans for Africa. It is aimed at monitoring participating countries’ prog-ress towards adopting and implementing the new Partner-ship for Africa’s Development (NEPAD)’s priorities and programme on democracy and governance.

The mandate of the mechanism is to ensure that the policies and practices of participat-ing countries conform to the agreed values in the following four thematic areas namely Democracy and Political Gover-nance; Eco-nomic Governance and Management; Corporate Governance; and Socio-Economic Development. The APRM process entails periodic reviews of the policies and practices of participating countries to ascertain progress being made towards achieving the mutually agreed goals and compliance in the aforementioned four thematic areas.

The APRM is open to all member states of the AU of which thirty mem-bers of the African Union have volun-tarily acceded at present representing more than 75% of the continent’s

The Role of the APRM in fostering African Shared Values

The mechanism is one of the core frameworks for upholding and deepening of the shared values of the African Union. The process of peer review is premised on

the establishment of institutions, structures and systems that

are based on African Union shared values, codes, norms and standards in political,

economic and social governance; human rights; the rule-of-law and in the

socio-political culture.

and faithful adherence to, and imple-mentation of African and international codes, standards and conventions in the four thematic areas, to which the member states have acceded. It has the potential to seek collective, sustainable and equitable solutions to common African problems; put into motion a strategic re-orientation towards the

validation of univer-sal as well as African values; accelerate the process of intra-Africa technical cooperation through popularizing best practices identified in each country re-viewed and provides space for the multi-faceted dialogue and open discussion of national agenda.

The mechanism is one of the core frameworks for upholding and deep-ening of the shared values of the African Union. The process of peer review is premised on the establishment of in-stitutions, structures and systems that are based on African Union shared values,

codes, norms and standards in political, economic and social governance; hu-man rights; the rule-of-law and in the socio-political culture. The mechanism seeks to emphasize the interdependen-cy of democracy and development; and that they should be mutually reinforc-ing. Viewed in the context of Constitu-tive Act of the African Union, there-fore, the APRM embodies and seeks to promote three fundamental values of the African Union: (1) Freedom and human rights (2) Participatory gover-nance; and (3) Accountability


stability in Africa. From the Egyp-tian revolution in 1952 to 1998, there were 85 violent or unconstitu-tional changes of government in Af-rica. This situation often gives rise to political dictatorships, stifling of the political space and suppression of civil liberties, rampant human rights violations, and denial of popular participation in governance. Politi-cal dictatorship has also undermined economic progress and development in Africa, hence the strong stance of the continent on the phenomenon of coups and unconstitutional change of government.

The AU and RECs zero tolerance policy on coups d’etat and the strong stance taken by some African Coun-tries at the United Nations encour-aged the UN Security Council to take an historical decision over the resurgence of the scourge of uncon-stitutional change of government in Africa. In May 2009, the UNSC de-clared its support for the AU−RECs’ policy on coups d’etat and welcomed the preventative measures under-taken by the AU and RECs against unconstitutional changes of govern-ments in Africa

At the level of the RECs, the ECOW-AS example is worthy of note. The ECOWAS Supplementary Protocol on Democracy and Good Governance of 2001 outlaws the unconstitutional seizure of power and proffers sanc-tions for erring Member States. SADC has also followed suit in this regard.

Over the past few years, the com-mitment towards the upholding and application of this shared value in the continent has been demonstrated in the consistent denunciation of unconstitutional changes of govern-ments. ECOWAS and SADC, amongst others, joined the African Union in condemning the coups that took place in their own sub-regions and a number of Member States were suspended from the continental and regional organizations. In addition to demanding a return to constitutional order, targeted sanctions, such as assets freezes and travel bans against the perpetrators of the coups, were imposed with a view to facilitating the restoration of constitutional and democratic governance.

Unconstitutional change of govern-ment has had deleterious effects on governance, democracy, and political

In Africa over the last decade, there has evolved an agreed political norm and commitment to reject uncon-stitutional change of government either through a coup d’état or any other illegal of seizure of political power. Both at the continental level of the AU and some of the RECs like the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC), unconstitu-tional change of government has been outlawed. In the AU, three basic policy instruments, namely the Lomé Declaration on the Framework for OAU Responses to Unconstitution-al Changes of Government (Lomé, Togo, July 2000); the Constitutive Act of the African Union (Lomé, Togo, July 2000); and the African Charter on Democracy, Elections and Governance (Addis Ababa, Ethi-opia, January 2007) all emphasize a clear rejection of unconstitutional change of power in African countries.

In addition, in January 2010 the AU Summit approved a set of “prohibi-tive stipulations” and restrictions, which are meant to serve as deter-rent against perpetrators of coups d’état. These stipulations include: a) prohibition to stand for new elections (b) possibility for legitimate authori-ties to try the perpetrator(s) at the African Court on Human and Peoples Rights’ (c) set of sanctions against perpetrator(s). The Heads of State also recommended the revitalization of the mechanism of structural pre-vention of unconstitutional chang-es of government – for instance, Members States were encouraged to speed up both signature and ratifica-tion of AU Charter on Democracy, Elections and Governance – and the promotion of further cooperation with International Organizations (UN, European Union) in dealing with coups d’état.

Collective Rejection of Unconstitutional Change of Government as a Shared Value in Africa

“The Assembly emphasises the need for a comprehensive approach to the

issue of unconstitutional changes of Govern-ment based on zero tolerance for coups d’Etat

but also for violations of democratic stan-dards, the persistence of reccurrence of which

could result in unconstitutional changes.”

Decision of the AU Assembly/AU/Dec.269(XIV) January 2010


lishing the required policy frame-work, as reflected, for instance in the adopted African Charter on De-mocracy, Elections and Governance and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, we all recognize that with the passage of time our priorities need to shift from policy development towards policy implementation.

Over the last three or so years, I have prioritized efforts directed at ensuring that the adopted policy frameworks are known and that Member States ratify the instru-ments. Whereas policy development is always a continuing process, we have moved to a stage where we are focusing added attention on imple-mentation, support to Member States and the monitoring of domes-tication. Much of this has already started, as for example in the work of the Advisory Board on Corruption, which I took a lead in establishing as part of the overall mandate of the Department. As we move deeper into issues of implementation, one of the emerging priorities of the Union is the consolidation of continental and regional efforts in Governance

scratch and engage in both strategic issues and operational level details for delivering on the mandate and vision emanating from Maputo. Mat-ters of Governance and Democracy were only, by and large, introduced during the 1990s and affirmed in the Constitutive Act of the African Union. During the initial phase, I had no option but to focus attention on building the human resource and financial capacity of the Department and at the same time, drive forward the establishment of coherent policy frameworks for the African Union in, amongst others, Governance and Democracy.

Today, as I reflect back on the jour-ney, I can say with a level of humility, that we have come a long way as we now have a coherent policy frame-work in Governance and Democracy and have a better capacitated Depart-ment. Whilst there have been some developments within the policy realm that add to the work of the Department, the overall mandate of the Department has been consistent with what emerged in Maputo and we continue to draw inspiration from the Constitutive Act. In as much as we have made major strides in estab-

Interview: Interview with Her Excellency, Mrs. Julia Dolly Joiner, Commissioner for Political Affairs, African Union Commission, Addis Ababa, Ethiopia, by the Chair, Editorial Committee of the Newsletter, Prof. Said Adejumobi

1. Can you share with us some of the major changes that have taken place in the focus, mandate and priorities of the Department of Political Affairs since you were first elected to the position of Commissioner? The broad vision and mandate of the Department of Political Affairs was established during the Maputo Summit in 2003. In addition to the supervision of Representational Offices and the Secretariat of the African Commission on Human and Peoples’ Rights, the mandate included humanitarian issues, the promotion of governance, democ-racy, respect for human rights, elections observation and assistance, the free movement of persons and Africa-Arab relations, including the organization of the 2nd Africa-Arab Summit. At the time, I also carried the overall responsibility for the establishment of the Washington Office of the AU, the Pan African Parliament and the African Courts on Human and Peoples’ Rights and Justice. Whilst the mandate and responsibilities were very wide, the available human resource capacity within the Department was limited, as the Political Affairs Portfolio was relatively new and the structure that we inherited from the Organization of African Unity (OAU) was weak, with only seven Officials allocated to the Department.

When I was elected, the reality that I faced was one of having to start from

Commissioner for Political Affairs, AUC interview with the African Governance Newsletter


most instrumental in enhancing the capacity for delivery of all AU institu-tions and Organs within Governance and Democracy.

3. What were some of the challenges you faced as you grappled with shaping and implementing the mandate established by the Union in Governance and Democracy?The challenges, I would say, are gener-ally at two levels. The first relates to institutional capacity and the second to overall strategic orientation. At the level of strategy, it goes without saying that there is always a tension between the application of shared values and the particularities and specificities of each Member State. The Commission and the Union it serves, have limited powers and hence there are con-straints and established parameters on what can be done in Governance and Democracy. Whilst there is a propen-sity to suggest that the Union should do more, it is equally imperative to recognize that even as new principles are established, it would take long before Member States fully appreci-ate and accept that in order to move forward as a collective, compliance to adopted shared values is not a choice, but a necessity. This is a continuing challenge and does find expression in all the programmes and activities that we establish to take forward the mandate.

Our ability to respond to Member States aspirations and indeed to man-age the strategic tension that exists between the collective and individual interest, is largely dependent on avail-able capacity. The simple reality here is that the capacity and resources made available have never matched expectations and the mandate. To fill many of the capacity gaps, we worked

overall Shared Values space, we can conclude that there have been many successes and milestones in our efforts to establish the required policy frame-works in a participative and inclusive manner. Viewed in context, it will also be recognized that the African Charter on Democracy, Election and Gover-nance is most progressive and serves as a global benchmark for the estab-lishment of similar instruments. We also know well that the African Union Convention for the Protection and Assistance of Internally Displaced Per-son in Africa is an international first and a very positive step on the part of African Union Member States.

At the level of institutions, we can look back with some satisfaction that despite all of the challenges associated with institution building, including getting Member States to match man-dates with actual budgets, we have made significant progress. As is widely known, we have, from the most basics, built a functional Department of Political Affairs and I must add, with a sense of contentment, a small but necessary Democracy and Electoral Assistance Unit that is resourced by a Democracy and Electoral Assistance Fund. The fact that the African Union is now observing all National elec-tions in Member States is testimony to our success at building the required capacity. At the level of institutional building, I must also highlight that, through our efforts and direct hands-on involvement, we established the Washington Office, the Pan African Parliament, the African Court on Human and Peoples’ Rights and have been instrumental in launching the African Union Advisory Board on Corruption. In fact, this institutional building role was very time consum-ing and we can conclude that the De-partment of Political Affairs has been

and Democracy. I have thus also pri-oritized the process for elaborating the African Governance Architecture and the establishment the African Governance Platform as the underly-ing coordinating mechanism within the Architecture. In a nutshell, the mandate remains consistent, but the focus and priorities are now on implementation and consolidation.

2. What are the key landmarks, achievements and successes that you consider important during your tenure as Commissioner? Whilst there have been many chal-lenges, the overall successes and achievements registered do bode well for the Continent. Although we might be inclined to attribute suc-cess to individuals, it is important that we recognize that progress is a matter of collective achievement and involves, amongst others, the Com-mission, Member States, Civil Soci-ety and our partners. As we focus on the larger achievements, let us not lose sight of the small but significant efforts of all stakeholders that con-tribute to our collective success.

As intimated earlier, there are two specific broad areas of functional focus within my portfolio - the first relates to the establishment of the required policy frameworks and the second to the institutions and capacity for achieving the vision of the Union. In addition to the Convention on Combating and Preventing Corrup-tion, a very significant milestone for the Continent was the adoption, in 2007, of the African Charter on De-mocracy, Elections and Governance. Whilst the adopted Charter is consid-ered a very important achievement, we were always aware that policy de-velopment is a continuing process and hence, in 2009 the Assembly adopted the Convention for the Protection and Assistance of Internally Displaced Per-sons in Africa and, as many know, the African Ministers of Public Service have finalized a Draft African Charter on the Values and Principles of Public Service and Administration for sub-mission to the January 2011 Assembly for adoption. Indeed, as we look at the instruments established within the


responsible for issues within the Gov-ernance and Democracy fold.

As we engaged in extensive consulta-tions before the Summit, I remain confident that the Summit will be a success and that the Member States will adopt a Declaration that reaf-firms our mandate and that provides sufficient guidance for the future. I would also expect that Member States would value the preparatory work that we engaged upon prior to the Summit and hence continue to demonstrate a commitment to the mandate that they established for us.

6. How do you think that the outcome of the Summit will be carried forward? Are there plans by your office to ensure that the Theme of the Summit does not constitute an event, but a process that will be carried forward? In as much as we all recognize that the Session on the Summit Theme should not be treated as an event, it is also imperative that we be cognizant of the fact that this Summit takes place in a context of a continuing journey and process. The Commission and the Department are at the service of Member States and the peoples of this Continent and hence there should be no doubt as to our responsibility in taking forward the decisions of Assembly. To facilitate matters, it is standard practice for each Summit to consider a report on the implementa-tion of its decisions. There is thus an established practice towards ensuring that decisions are implemented. The carrying forward of the Summit Dec-laration and relevant decisions happen at two levels. Firstly, as the Theme relates to the ongoing work of the Department, the annual and medium term plans of the Department should reflect the outcomes anticipated. I am also secondly, most certain that the Department would establish a very specific action plan to ensure that there is follow-up on the outcomes of the Summit.

Talking about actions for the future, it is imperative that we recognize that the Summit is furthermore about Member States taking their obliga-

democracy and governance journey and is likely to provide added energy to the path established.

The Summit, one must admit also forces us to confront the reality that we do face challenges at the level of Member States and at the continental level. In grappling with these chal-lenges, the Summit would invari-ably focus attention on, for example, speeding up the ratification of relevant instruments in Governance and De-mocracy and the application of shared values in the face of some of the inter-nal difficulties that emerge from time to time within Member States. The Summit would thus, in my view, be important for reasserting the Gover-nance and Democracy commitments that were enshrined in the Constitu-tive Act of the Union. As such, the Summit could have both a practical and a policy value. It would serve to provide some realistic elements for taking forward the Governance and Democracy mandate and provide a basis for reasserting the policy vision that was established as far back as the Maputo Summit in 2003.

5. What are your expectations from the Summit? The Summit is a Member States’ event and hence it is their expectations that should be most paramount in our re-flections and actions. Our leaders have expressed the desire for continental unity and have affirmed on many occasions that Africa has a common destiny. It is thus, in my view, their expectations that careful stock is taken and that they are given an opportunity to reflect on the journey and provide perspectives on the future. Whilst there have been prior consultations with Civil Society, the Youth and Gen-der Communities and with Experts from Member States, my expectations are that the Summit would respond to the desire amongst Member States to reflect on the obstacles that stand before integration through shared values and the aspiration to articu-late measures to overcome these to facilitate integration. If Member State expectations are fulfilled, they would go a long way in satisfying the outlook I would have as the Commissioner

with a range of partners and created innovative interventions that maintain ownership over the programmes and actions taken in our response to de-liver on the demands for results. This has not been easy, but as many would witness we have done a lot with very limited human and financial resources. We continue to face implementation challenges on a day-to-day basis, but I am proud to say that we have been cre-ative and managed to sustain delivery under very difficult and trying condi-tions. It is very evident from my own experience that we can finally con-clude that institutional transformation is on track, the foundations have been laid for more efficient, effective and responsive delivery on the mandate and the Commission that we sought is beginning to emerge from the institu-tion that we inherited from the OAU.

4. Briefly share with us your thoughts on the Shared Values Summit and why you think that this theme is important for the progress of building and consolidating democracy and good governance in Africa? Since the decision of the Assembly on the Summit on Shared Values was made, I have been encouraging all stakeholders to recognize that it represents an important opportunity to reaffirm the link between shared or common values and the overall integration process. In this respect, we need to recognize that enhanced implementation and monitoring of governance standards would encour-age policy convergence, thereby ac-celerating Africa’s integration.

The Theme is most significant as we are beginning to see and experience some visible governance and democ-racy changes. As the Summit takes place, almost a decade after the birth of the AU, it makes good sense that the Assembly reflects on shared values at this point in the continuing journey. In any path or journey, it is always im-perative that at certain points we take stock of progress and assess how we can overcome challenges that stand in the way of achieving the established vision. Indeed, the Summit is thus a significant step in the continuing


nerships that have been most effec-tive have been the ones within which there is recognition of common vision and a focus on results.

Whilst any partnership relationship embodies an element of mutual ac-countability and reciprocity, we have found that where partners are flex-ible and where there is commitment to helping Africa help itself, we are able to make positive headway. In a world where all have opinions of what should and should not be done, we have been accommodative of part-ner views, but have been insistent that ownership and decisions are for our Member States and the relevant Policy Organs.

In the partnership journey, we are also mindful that there is a pro-pensity towards wanting to use the legitimacy of the Commission for re-source mobilization. One key lesson from our experience is that a focus on results provides an adequate basis for partnerships, thus rendering re-sources a secondary issue. Resources that flow for our mandate, whilst not optimal, flow, not because we have to beg for these, but because they are made available as we articulate clearly the results we want to achieve. Where there is a focus on detail and a meddling in activities, we find such arrangements time consuming and a distraction from results and wider accountability to Member States.

9. What would be your advice to different stakeholders in supporting and upscaling the governance agenda in Africa? It would be impossible for me to go into any detail on the numerous different stakeholders that have or should have a direct interest in mat-ters of Governance and Democracy, so allow me to make some general comments that would be of relevance to all. Firstly, it is always important to recognize that the African Union has been affirmed, through the Constitu-tive Act, to be a peoples’ organiza-tion. By virtue of this, the role of all peoples and all stakeholders is affirmed and it goes without saying

obstacles in the march towards de-mocracy and appropriate governance. Many of these setbacks are reflected in post-electoral violence that has been experienced in a few Member States and in incidences of un-constitutional changes to government. However, even in these instances, the AU has been very firm in upholding shared values and as many witness, there is zero a tolerance for un-constitutional changes in government. On the face of what I have experienced over the past ten years and in the perspectives that have been articulated by Member States, we can conclude that there has been good progress and we are achiev-ing the vision of Governance and Democracy that has been established within the Constitutive Act of the African Union. Indeed, it should be recognised that democracy building is work in progress. It should never be viewed in a linear manner, as the advancements of the Continent over the past fifty years have demonstrated that on many fronts we have, because of our own unique history made many very positive steps, beyond what has unfolded in other parts of the globe.

8. What has been the role of partner institutions in supporting the DPA on its democracy and governance agenda? In the context of limited resources and the reality that no one institu-tion would have all that is required to achieve the continental vision, part-nerships are fundamental. We have benefited immensely from a range of partners. Some of our partners have provided resources and some have fo-cused on providing technical support for our work. Without the support that we have received, we could not have achieved much and would not have made the progress that is now most visible to all.

Even as we appreciate the role of our resource and technical partners, we have always maintained the perspec-tive that we must retain and protect Member State ownership over all programmes and activities. This pro-cess is never easy and often we have to keep a careful balance between our needs and partner interests. The part-

tions seriously. The commitments are for Member States and it is my hope that they would continue to take the lead by, for example, ensuring that the relevant Governance and Democ-racy instruments are ratified, domes-ticated and implemented.

7. Where do you think Africa is today in its march towards democracy, and good governance? Do you think the Continent has made progress? I can express an opinion and perspec-tive on progress, but it is always useful to look at available empirical evidence and actual data. I know that if one is to look deeper at the pattern across the Continent, we will conclude that despite the challenges, the overall trend over the past decade has been quite encouraging. Even prior to the adoption of the African Charter on Democracy, Elections and Gover-nance, Member States of the Union demonstrated, through action, a commitment to a shared approach to Governance and Democracy. Consis-tent progress has been demonstrated in many areas of democratisation, including the reduction in corrup-tion and the building of systems for transparency and accountability in government. The democratic aspira-tions of the African people are firmly implanted in the popular conscious-ness and civil society, women and youth involvement in important na-tional and regional issues has become an integral part of the African political landscape.

Today, more Africans live under democratic rule compared to the situation in the early 1980s when only a handful of African countries were considered democratic. The number of credible elections held over the past decade in the Continent is tangible testimony to Africa’s steady march towards democratisation. Although setbacks are experienced occasionally, the numbers of civil conflicts within states are much less compared to the situation a decade ago. In as much as the overall trend has been posi-tive, we must also admit that there are still many challenges that need to be overcome and we do experience


My dream is always established by reflecting on the lives of our peoples and the struggles they engage upon on a day-to-day basis. Hence, it would be a dream fulfilled when our peoples are able to exercise their democratic and human rights and, at the same time, ensure that the rights and freedoms of others are protected.

Whilst linkages are often difficult to construct, especially in areas of Gover-nance and Democracy, I remain most committed to ensuring that we always do this and that we remain mindful that our actions must lead to tangible benefits for our peoples. It is thus my dream that over the next few years the Commission would build a wider con-sciousness on the relationship between Democracy and Governance and mat-ters which affect the day-to-day lives of all our peoples. Hence, consistent to our commitment to the Millennium Development Goals, we have to ensure that the democracy we are promoting delivers development and results in meaningful changes for all our peoples.

As part of the reflections, I am also driven to create a dream for that over which the Commission has some direct control. My vision in this respect would be a situation in which the required capacity for monitoring the domestica-tion of relevant instruments is created, one in which the Commission provides support to Member States to domes-ticate relevant instruments and that we work as a collective to secure more positive results in Governance and Democracy

intended. Where relevant, stakeholders are urged to utilize all of the available channels for supporting the agenda and also have as their driving motivation, a commitment to common cause. Where the intention is to use the institutions established by Member States for resource mobilization only, the chances of success will be minimal and such stakeholders will face frustration.

On a final note, we can do much more if we work together, on the basis of a common agenda. The Commission is always open for dialogue and engage-ments with stakeholders. Needless to say, stakeholders can contribute to-wards a common African agenda, with-out necessarily having to work directly with the Commission or having the direct affirmation of the Commission.

10. Share with us your dream and vision of democracy and governance in Africa? As a humble servant of our Heads of State and Government and the peoples of our great Continent, my immediate reaction is to indicate that my dream is to make the democracy and governance dream of our peoples a reality. However, as peoples’ dreams are often focused on the dividends of Governance and Democracy, allow me to elaborate a perspective that perhaps goes beyond the dream and vision that is contained in the various policy docu-ments of the Union. In embracing the mandate established, I constantly have to ask the question of what this would mean to our peoples and how our ac-tions could have meaning in the lives of all affected by the established policies.

that all should support the African governance agenda. Indeed, wider participation would ensure that owner-ship over the agenda is spread across all sectors and all levels.

We have always maintained that stake-holders should and must have a say and role in the governance agenda. How this role and stake is exercised will vary and will depend on the strategies and value-add of specific contributions. Some stakeholders recognize the op-portunity to contribute to a collective agenda and exercise a level of local ownership by engaging in activities that contribute to the overall agenda. Often this is done at the level of Member States or within the purview of the work of the stakeholders. Over the past years we have seen much of this in the areas of popularization the African Charter on Democracy, Elections and Governance, for which many stake-holders have introduced regional and local initiatives. Whilst always encour-aging such energy and action, my direct advice to these stakeholders is that they keep the Commission informed so that there can be leveraging from the initia-tives and, where relevant, networks can be established.

There are other stakeholders who, for a variety of reasons, want to engage in contributing to the governance agenda by way of direct engagements with the Commission. We are always welcoming of this, but I also have to remind these stakeholders that there are established practices within the AU and platforms for engagement which need to be utilized to channel the support that is

Celebrating Gender Equality at the African Union


of trying to shape them differently. A major problem which typically occurs is that the former usually becomes path-dependent while the latter often requires innovations. Therefore, navigating these two processes requires clarity of strate-gies, policies and programs, strong political will and strong national and international support. The dynam-ics of post-elections politics and the unresolved issues that underlay the just-ended violent conflicts can all pose huge challenges.

Because such reform programs are designed to rebuild differently from what existed in the past, they are more likely to succeed when, among other things, they are formulated through processes of broad consulta-tions, when there is strong political will to implement them and when there is adequate external support. However, in most post-civil war situations, deep suspicions among various sectors of the political class as well as the dilapidated state of physical infrastructures pose serious challenges to the holding of exten-sive consultations and arriving at complete consensus. International support can also be spasmodic, depending on the interest of various international partners. It is not un-usual in such circumstances that the consultations leading to the formula-tion of initial reform programs fall short of being all-inclusive or com-prehensive and that reform programs do not always fit together as a coher-ent whole. Thus, the reality is that

the forest region of Guinea and the western part of Cote d’Ivoire. Reconstruction of the Liberian state became a project of the international community with ECOWAS leading peace negotiations, a 15,000-strong UN peacekeeping force providing se-curity and the UN-led International Contact Group for Liberia (ICGL) implementing a broader post-con-flict recovery agenda.

The reality of governance reform in post-conflict situationsIdeally, when the civil war ended in 2003, Liberia was just right for a new beginning, starting from scratch as it were. An appropriate transitional government could have been estab-lished for a period of four or five years to begin a process of transfor-mation—building differently. This process would have involved exten-sive analyses of Liberia’s challenges and very broad consultations among Liberians at local, provincial and national levels. A sovereign national conference or its equivalent would have been required to agree upon a national compact for reconcilia-tion and a framework for reform-ing the institutions of the political, social and economic governance of the country. But ideal solutions are hardly ever available. The conditions which obtain often influence, if not dictate, the course of post-conflict reconstruction strategies. Thus, frequently, the reality is that post-conflict state-building requires the urgent task of establishing the insti-tutions of government so that they can begin functioning. As the gov-ernment begins to function, plans are made to shape its institutions dif-ferently so that they do not malfunc-tion as they did in the past leading to breakdowns. Quite frequently also, elections are seen as the best path forward and are, therefore, held as soon as the guns are silenced. Thus, right from the start, post-conflict state-building involves establishing two processes almost simultaneous-ly: the process of urgently reactivat-ing state institutions and the process

Thinkpiece

Governance Reform in a Post-Conflict Context: The Liberian ExperienceAmos Sawyer1

A senior official of the Liberian government once said, governance reform in a post-conflict context such as Liberia can be likened to starting up an automobile that is in disrepair and trying to repair its various parts while it is running full of passengers. Liberia experienced a complete breakdown of its institu-tions of governance in a quarter-cen-tury of intermittent violent conflicts that included 14 years of civil war (1989-2003). Root causes of this tragic situation could be found in the country’s long history of inequal-ity, marginalization and repression perpetrated by the oligarchy which ruled for more than a hundred years and later, by military and strongman rules that succeeded the oligarchy. Electoral fraud, violent purges and extra-judicial killings were among the triggers that launched the civil war. With more than 200,000 killed, everyone traumatized, more than half of the population displaced internally and as refugees, and all of its institutions of political, social and economic governance dismantled or in disrepair, Liberia was, for all intents and purposes, a collapsed state. It also rapidly became the epicenter of a broader theatre of violent conflicts in the Mano-River basin area that covers Sierra Leone,

Viewpoints:

Dr. Amos Sawyer, Former President of Liberia

Photo courtesy E

xecutive Mansion w

ebsite.


was assigned the task of establishing and leading the reform process. The commission started off by broaden-ing the debate about security sector reform and linking it to human security challenges in Liberia. It also put emphasis on the governance aspects of security sector reform in addition to the technical and profes-sional issues which were the main focus of the reform program. The commission established an inclusive participatory process that involved civil society and community-based organizations, officials of govern-ment at local and national levels, Liberian security sector experts as well as security sector experts from the sub-region and the countries of the International Contact Group on

Accra Peace Conference agreed that reorganizing the Liberian military was key to national security. Thus, security sector reform was centered on the reorganization of the mili-tary. Clearly, the realities of the time elevated military reform as a critical national security priority. Also pri-oritized, though with less visibility, was the need to establish an effective police force. Not given prominence at the time was the fact that the Liberian conflict had introduced a new set of trans-border security challenges and had transformed the Mano River basin area into a single theatre of conflict that required a basin-wide mechanism of response. Thus, the agenda for security sector reform was internally focused.

programs for post-conflict recovery and reform frequently evolve from patch-works of dialogues and con-sultations among clusters of national and international actors brought to-gether by contingent developments and otherwise in various settings and under diverse circumstances to address specific sets of problems—macroeconomic, security, education and youth challenges, among others. The ultimate challenge of gover-nance reform, therefore, is to ensure that at the end of the day, these disparate dialogues and their outputs are harmonized within a common overall framework so that there can be overarching goals and compatible strategies and that synergies can be built among the various programs.

The Liberian experienceIn the Liberian case, governance reform programs evolved from several sources and through several disparate processes of consultations. Some programs have their origin in the negotiations of the peace settle-ment during the Accra Peace Confer-ence in 2003, others are responses to emergent conditions during the course of transitional governance and still others are the result of post-elections long-term planning. How-ever, all of them are driven by the view that governance breakdowns and violent conflicts in Liberia have not been caused solely by errant or dictatorial leaders but also as a result of malfunctioning or missing institu-tions. The dynamics of governance reform in three areas are discussed in this article.

Security sector reform:Security sector reform in Liberia was mandated by the Comprehensive Peace Agreement reached in Accra in 2003. The approach taken, placed the Liberian military at the center of security sector reform, acknowledg-ing the fact that the Liberian military was historically the most repressive instrument of state power, constitut-ed a brutal and predatory regime in the 1980s and supplied, in the 1990s, the core force of every armed group in the Liberian civil war. Both Libe-rian and international actors at the

With the generous support of the US government, the reorganization of the Liberian military began in 2004. With the UN peacekeeping contingent ensuring security, an initiative was launched by the UN Mission in Liberia (UNMIL) that same year to begin the reestablish-ment of the Liberia national police. Funding for both processes has gone uneven. When the elected govern-ment took office in 2006, it sought to construct a framework for secu-rity sector reform. The Governance Commission of Liberia (then called the Governance Reform Commis-sion, created under the Comprehen-sive Peace Agreement reached at the Accra Peace Conference in 2003)

Liberia (ICGL). Needless to say, es-tablishing such all-inclusive partici-patory process required substantial transaction costs to overcome turf struggles and diverse perceptions, to arrive at common definitions and understandings and common or complimentary goals and objectives. Ultimately an overarching security policy, strategy and implementation framework and matrix were con-structed through this participatory process and were recommended to the government for adoption and implementation.

A major challenge of security sector reform in Liberia at this time was to ensure faithful implementation of

Improving the security of all Liberians. Members of Liberia’s Emergency Response Unit of the Liberia National Police conduct night patrol on the streets of Monrovia

Photo/C

hris Herw

ig/UN

MIL


various ministries on the other hand. The President has granted consider-able clout to individual ministers in the restructuring process. In a number of cases, the bargaining process has been protracted by turnover in the cabinet. In view of this reality, one strategy now being contemplated is to have each ministry or agency of government undertake its own restructuring follow-ing guidelines and standards recom-mended by the Governance Commis-sion and the Civil Service Agency and to have the monitoring of the reform process of the various ministries under-taken by the Governance Commission.

A third element in the dynamics of public sector reform in Liberia has to do with the support of international partners. International partners with interest in specific public sector areas are being very supportive of the reform of those areas of interest, sometimes in isolation of or with minimal links to other related agencies. Developing synergies and strengthening coordina-tion are acute challenges. Finally, a major challenge to public sector reform in Liberia lies in the absence of a well articulated policy regarding what type of state the Liberian state aspires to be-come. The Poverty Reduction Strategy, from which the reform agenda stems, vacillates on this question, claiming in some sections to be promotive of a ca-pable, developmental state and in other sections to be fashioning a facilitative state devoted to creating an enabling

lenge of public sector reform in Liberia. The Civil Service Agency in 2008 laid out an ambitious but necessary strategy for civil service reform that called for restructuring and rightsizing (in this case meaning, largely, downsizing) the bloated civil service, undertaking pay and pension reform, ensuring gender equity and improved human resource management, among other measures. The Governance Commission had early in 2006 embarked on a major exercise to review the mandates and functions of Liberia’s 20-odd minis-tries, having been assigned that respon-sibility before the elected government took office.

The dynamics of public sector, particu-larly civil service reform, are rife with complications and acute challenges. First, the Civil Service Agency itself is an agency without a board. Its head is appointed directly by the President and sits in the cabinet. Thus, the senior officials of the Civil Service Agency are in the direct line of political appoint-ments. This puts the CSA in a vulner-able position, especially since it is not rooted in a tradition of independence and efficiency. Second, public sector reform, particularly the restructuring of the ministries and agencies of govern-ment proceeds as a bargaining exercise between the Governance Commission and the CSA, the entities charged with the responsibility of making recom-mendations for restructuring, on the one hand, and the leaderships of

the reform measures and this includes measures establishing sub-national-lev-el institutions called for by the reform program. There was also a challenge to ensure that the various “constituen-cies” that participated in and supported the process of formulating the sector reform programs were involved with their implementation, such that secu-rity sector reform becomes broadly owned and supported by the Liberian people. Finally, there was the challenge to ensuring that the emerging Liberian security architecture is sensitive to the security requirements of the Mano River basin area and aligned with the wider ECOWAS security arrange-ments.

Public sector reformHistorically, the Liberian civil service has been massively politicized and the feather bed of patronage. This is one of the reasons why state collapse came so easily. Moreover, in every transitional government during the search for peace, the civil service and the larger public service which includes the judi-ciary, security agencies, the parastatals and education and health establish-ments among others became what Liberians called the “elephant meat.” Positions in the public service were shared among armed groups on the ba-sis of agreed power-sharing formulae. Leaders of armed groups bargained and jostled among themselves for what were called the “lucrative” ministries. Positions in financial management and procurement were fought over and often sold to the highest bidders. Libe-ria has never had the experience of an autonomous, effective and professional civil service. Therefore, public sector reform in Liberia is an exceedingly tall order.

Not surprisingly, the elected govern-ment in 2006 inherited a bloated and inefficient public service whose members, including clerks and clean-ers, had been appointed over the years by armed groups. It was a morass of graft and incompetence upon which the elected government had to appoint ministers and junior ministers to start up the government. The metaphor of trying to repair an automobile while it is running is epitomized by the chal-

Much change is underway to ensure Liberia’s natural resources contribute to the welfare of all Liberians

Pho

to/C

hris

Her

wig

/UN

MIL


fuller understanding of the nature and magnitude of the land challenges in Liberia. It commissioned a number of preliminary studies and held consulta-tions in local communities in various parts of the country to benefit from local knowledge. With these undertak-ings completed, a debate ensued within the steering committee and through workshops and seminars in regional lo-cations around the country and with an array of civil society organizations. This debate was about identifying the key challenges and determining what type of framework should be established in order to create the institutions, pro-cesses and outputs to address identified land challenges. Ultimately, the steer-ing committee agreed, among other things, on the establishment of a land commission whose functions would be to recommend policies and other measures to address land-related chal-lenges, to serve as a board of advisers to the government on land issues and to ensure the coordination of the imple-mentation of land reform measures. Its members were to reflect regional and gender balance and to be individuals of integrity and high respect. With a unified front, the steering committee was able to navigate its recommenda-tions through the law-making process, successfully obtaining the policy endorsement of the President and her cabinet, legislative approval, respect-able seed funding from the government and considerable financial and techni-

magnitude and implications of land challenges, the Governance Commis-sion sought through this step to bring all relevant stakeholders on board right from the start of the process of concep-tualizing an approach to land reform. Stakeholders in this case included gov-ernment ministries and agencies with land and land records-related respon-sibilities, civil society organizations with interest in land matters, traditional leaders, the private sector, international partners including both bilateral and multilateral, among others. A full range of interests was brought to the table, some of which were diametrically op-posed to each other. For example, cer-tain interests foster the parcelization of community land and its distribution to individual families while others foster recognition and respect for community land rights as common property. Some would like to see immediate movement on land titling while others advocate updating the existing deed registra-tion system. Some would like to see the establishment of land courts while others prefer the use of land dispute mechanisms based on customary law. Some advocate allocating more land for agricultural concessions while others prefer conserving land for participation in the emerging carbon trade.

Under the chairmanship of the Governance Commission, the steer-ing committee set out to gain a

environment. It is anticipated that following Liberia’s upcoming elections, there will be a major discourse on this question and it is after such discourse that the overarching framework for public sector reform can truly be con-structed.

Land reformLand issues have been a growing concern in Liberia for a very long time. Since the military takeover in 1980, efforts have been made to address some of the long-standing land issues but these efforts have been sporadic and segmented. In 2007, about a year after she assumed office, President Ellen Johnson Sirleaf outlined for the Governance Commission several land-related challenges her administra-tion would address; among them was what she called the historic inequity or “settler advantage” in land access and tenure. This challenge is rooted in the history of the founding of Liberia in the early 19th century by former slaves from the US. Other challenges outlined by the President include the gender inequity in access and tenure allowed by customary law; the need for the harmonization of community land rights, the rationalization of land grants to agricultural concessions, and the need to have privately owned idle land used for productive purposes. President Sirleaf has made some of her strongest statements when addressing land-related challenges. Recently, in opening a conference on urban land challenges in Monrovia, she reempha-sized a commitment to land redistribu-tion in certain cases where necessary to address inequities and to stimulate investment.

The President’s clarity assisted the Governance Commission in the task of organizing an initial strategy for think-ing about how to address land-related challenges. The first step the com-mission took was to initiate consulta-tions for establishing a mechanism, a steering committee of stakeholders that would evolve a process for moving for-ward. Since the ending of the civil war, it has been common to hear Liberians say, “If there is ever another civil war, it will be about land.” Recognizing the

Liberia is investing in improving the management of its lucrative rubber plantations

Pho

to/C

hris

Her

wig

/UN

MIL


tion among all Liberians and interna-tional partners of how combustible land conflicts are and, therefore, the im-portance of a concerted approach that maximizes cooperation among stake-holders; second, the clarity of presiden-tial pronouncements and guidance on the nature of land challenges and what needs to be done. The challenges that face the Land Commission now have to do with how to continue to efficiently and effectively coordinate its various activities and its relations with the range of cooperating partners; and how to build consensus over controversial issues and manage potential conflicts. It also has a challenge of how to properly manage public expectations.

In conclusionOn a whole, considerable progress is being made in governance reform in Li-beria. This progress can be attributed to the high public demand for reform, the responsiveness of the Liberian govern-ment and the support of the interna-tional community. Much credit goes to President Ellen Johnson Sirleaf for consistently stressing the importance of reform and for protecting the open public realm where debates on public affairs continue to fuel the demand for reform. At the moment, one of the Gov-ernance Commission’s ongoing projects in collaboration with the national secretariats of local NGOs and the Min-istry of Planning and Economic Affairs is to assist in developing policies and strategies for enhanced and structured engagement of civil society as partners with government in governance and to build the capacity of civil society to be more knowledgeable and effective partners. Through all of these reforms Liberians can continue to rebuild their public institutions differently as pro-cesses of governance go on. Liberians can successfully repair the automobile while driving it. Obviously, reform will not be completed during the tenure of the current government. There is need, therefore, to maintain commitment and momentum in the new administration that begins in 2012

be perfected. Reform programs such as the effort to build a system of public in-tegrity is developing in a similar manner where the Governance Commission, the General Auditing Commission, the Liberia Anti-Corruption Commission, the Ministry of Justice and numerous civil society organizations are now cooperating in constructing a national integrity index, an instrument for asset declaration and other projects, includ-ing mobilizing public support for the passage into law of a code of conduct for public servants and a whistle blower protection act.

Public sector reform, especially civil service reform, did not begin in earnest until the elected government took of-fice. The imperative to fight corruption and deliver public services required both the streamlining as well as the validation of public service institutions and personnel at the same time. The introduction of a cabinet consensus-based decision-making style of gov-ernance entrusted the public sector reform program, in good measure, to individual cabinet members. Thus, pub-lic sector reform is being influenced to a considerable extent by the dynamics of cabinet governance. In certain ways, the decentralization program is also de-veloping within a similar environment. Liberians strongly desire dispersal of some powers to sub-national levels of governance. A national policy on decen-tralization and local governance has been crafted but cabinet-level support for decentralization is rather low and understandably so. Therefore, cabinet consensus-based decision-making slows down progress on an agenda for decentralization.

Led by the Land Commission, land reform initiatives are proceeding apace. Conflicting laws regarding public lands, community lands and private lands are being harmonized, interim procedures to guide sales of public lands formulat-ed and mechanisms and procedures for land dispute resolution through alterna-tive dispute resolution arrangements as well as through the formal judiciary are under consideration—all in a collabora-tive manner that involves the full range of stakeholders. The success, thus far, of the Land Commission can be attributed to two critical factors. First, the realiza-

cal support of the international com-munity. Today, the Land Commission operates with the full support of all of the relevant government ministries and agencies, the synchronized involvement of international partners and the par-ticipation of an involved and responsive network of civil society organizations and local communities. Its legitimacy is rooted in all of these constituencies. It is, thus far, a success story, a “best practice.”

ChallengesThese are only three examples of programs of reform currently taking place in Liberia. There are other reform programs underway including a very successful program, thus far, guided by the President for reforming the institu-tions of public finance management; a program to establish a system of decentralized government and a system of public integrity (the fight against cor-ruption), among others. However, these three examples depict three different patterns of reform that have emerged out of three different circumstances or environments.

Security sector reform for instance, predated the installation of an elected government and was initiated and wholly directed by external actors, i.e., the ICGL, with little involvement of local institutions. Various aspects of security sector reform were initially undertaken and driven by international partners with hardly any link to each other. The major challenge has been to develop effective mechanisms of co-ordination tying all aspects of security sector reform into a single framework pursuing a single goal of building an overarching security sector architecture that is committed to advancing human security and to systematize and monitor its implementation. The Governance Commission and collaborating agen-cies which included the ministries of defense and justice and the office of the National Security Advisor and other local and international associates were ultimately quite successful in articulat-ing a clear national security policy and strategy and an implementation matrix. However, a unified mechanism for monitoring the implementation of se-curity sector reform programs is yet to

__________________

H.E. Prof. Amos Sawyer is former President of Liberia, but currently Chairperson of the Liberia Governance Commission and Mem-ber, APRM Panel of Eminent Persons. (Views expressed herein are personal and in no way neither reflect the official position of the AU and ECA nor that of the Editorial Committee of the Newsletter).


based on the holding of regular, free, fair and transparent elections con-ducted by competent, independent and impartial national electoral bod-ies. To enter into application as an instrument of the African Union, the Charter has to be ratified by a mini-mum of Fifteen Member States.

Value of the Charter: The fundamental value the African Charter on Democracy, Elections and Governance resides in its contribut-ing towards the fulfillment of the collective obligation to create a de-veloped and prosperous Africa whose citizens are empowered with the ability to pursue lives of quality and meaning. In finding expression in the daily lives of people, the Charter can serve as an instrument for creating space for African people to exercise their rights as citizens, with the full confidence that the social contract be-tween citizens and an elected leader-ship must be upheld.

The Charter furthermore provides a consolidated point of reference for all of the African Union efforts to enhance the overall state of democ-racy, elections and governance across Africa. Through its adoption and rati-fication, Member States of the Union are committing themselves to a set of broad common standards and ap-proaches to governance and democra-cy. Within its various provisions, the Charter also provides a platform for Member States to engage with each other on democracy, governance and elections practices and approaches that would be most relevant and appropriate to the collective commit-ments established.

In ratifying the Charter, a Member State provides a direct pledge towards upholding the democracy and gover-nance commitments enshrined in the

convened in Addis Ababa, Ethiopia on 30th January 2007.

Background: In adopting the African Charter on Democracy, Elections and Gov-ernance, the African Union and its Member States sought to con-solidate all past commitments made on democracy and governance, as embodied in past declarations and decisions. The Charter thus has its roots, in amongst others, the follow-ing Declarations and Decisions of the OAU/AU:

The 1990 Declaration on the Politi-•cal and Socio-Economic Situation in Africa and the Fundamental Changes taking place in the world;

The 1995 Cairo Agenda for the Re-•Launch of Africa’s Economic and Social Development;

The 1999 Algiers Declaration on •Unconstitutional Changes in Gov-ernment;

The 2000 Lomé Declaration for •OAU Response to Unconstitution-al Changes of Government;

The 2002 OAU/AU Declaration on •Principles Governing Democratic Elections in Africa; and

The 2003 Protocol Relating to the •Establishment of the Peace and Security Council of the African Union.

A careful reading of the Charter indicates that it is a step beyond ad-opted declarations and decisions, as it firmly and unequivocally serves to fulfil a determination to promote and strengthen good governance through the institutionalisation of transpar-ency, accountability and participatory democracy. The Charter also seeks to establish a political culture of change,

IntroductionThe African Charter on Democracy, Elections and Governance is the most authoritative expression of the com-mitment of the African Union and its Member States to a set of shared values and aspiration objectives in governance, democracy and elections. The driving impetus for the develop-ment and adoption of the Charter can be traced to the commitment to gov-ernance and democracy within the Constitutive Act of the African Union and the deliberations at the inaugural Summit of the African Union in 2002.

Work on the text of the Charter was completed over a period of three years and included detailed engage-ments with Member State Represen-tatives, Legal and Technical Experts, and other stakeholders from across the Continent. The substantive work on the Charter was completed in 2006 and the Charter was submitted to the Assembly of Heads of State and Government held in Banjul, The Gambia in June 2006. At this meet-ing, the Heads of State and Govern-ment affirmed the need for the Char-ter and referred it to Legal Experts for further refinement. The final text of the Charter was adopted by the African Union (AU) during the 8th Ordinary Session of the Assembly of the Heads of State and Government

For the Records:

Explanatory Note: African Charter on Democracy, Elections and Governance


Chapter Ten of the Charter details the mechanisms for the application of the Charter and outlines the respon-sibilities of State Parties, the African Union Commission and Regional Economic Communities. In addition to emphasizing that State Parties need to domesticate the provisions of the Charter, Article 49 of Chapter Eleven (Final Clauses) complements the contents of Chapter Ten by providing that State Parties would need to sub-mit every two years, from the date of coming into effect, a report on mea-sures taken towards domestication. For its part the Commission of the African Union would have to develop benchmarks for implementing the commitments within the Charter. In the case of RECs, the Charter places emphasis on need for coordination and cooperation with the African Union.

Conclusion: The primary responsibility for ratify-ing and implementing the African Charter on Democracy, Elections and Governance rests with Member States. The Charter however belongs to all Africans and serves as a refer-ence point for Member States on Afri-can shared values. It has also emerged as a primary document for articulat-ing African common perspectives on democratic principles and practices.

As a document developed by the Afri-can Union for its Member States, the Charter is considered a positive ex-ample for other regions of the world. The details embodied in the Charter create the most basic standards and principles for governance, democracy and elections in Member States and are built upon and congruent to the Constitutions of Member States. The Assembly of the Union has taken a lead by adopting the Charter, in anticipation that Member States will sign and ratify the instruments as soon as is possible. An updated list of signatures and ratifications is attached for reference

is a culmination of historical declara-tions and decisions of the OAU/AU these are listed

Chapters Four to Eight embody the substantive elements of the Charter and hence the most basic adherence obligations of State Parties. Chapter Four provides for matters relating to the supremacy of Constitutions, the upholding of the rule of law and the protection of democratic and hu-man rights. Chapter Five is focused primarily on establishing a culture of democracy and the need to maintain social and political dialogue within Member States. Chapter Six estab-lishes the path for domestication by providing for the establishment, strengthening and protection of public institutions that promote and support democracy and constitu-tional order.

Chapter Seven of the Charter is par-ticularly significant as it provides for the establishment of independent and impartial national electoral bodies. This Chapter also provides for assis-tance to strengthen electoral institu-tions and processes by the African Union Commission and establishes in Articles 19 to 21 the process for the observation of Elections in Member States of the Union. Chapter Eight of the Charter is widely considered as embodying the orientation of the African Union, relative to the OAU. Provisions are made for sanctions in the case of unconstitutional changes of government. In addition to as-serting the role of the Union and the Peace and Security Council when there are deep lapses in governance, it also prescribes that the Assembly can impose sanctions on perpetrators of such unconstitutional change.

Chapter Nine of the Charter is unique in that it establishes the im-portance of the role of State Parties in advancing Political, Economic and Social Governance. It also provides for engagements with traditional authorities and the decentraliza-tion of governance. This Chapter is particularly innovative as it serves to establish the importance of develop-ment for democracy and governance.

Constitutive Act of the Union. It is a further reflection that a Member State seeks to engage with other Member States on challenges and opportuni-ties within governance and democ-racy. The greatest value of the Charter is that through its full ratification, it would create an obligation amongst Member States to respond to uncon-stitutional actions within one Mem-ber State and hence serve to secure the governance and democracy gains made by Member States of the Afri-can Union and the people of Africa.

Summary of the Charter: To ensure that the Charter is accessi-ble, it is crafted in a simple and acces-sible format. The introductory articles are focused on the foundational bases for the Charter, its objectives and principles informing the inter-pretation of its contents. Within the Preamble, it is noted that the Charter is inspired by the principles of good governance, popular participation, the rule of law and human rights that are contained in the African Union’s Constitutive Act. It is also noted that the Charter is committed to achiev-ing a political culture that is based on the holding of regular, free, fair and transparent elections conducted by competent, independent and impar-tial national electoral bodies. As a basis for explaining that the Charter


Sudan

Libya

ChadNiger

Egypt

Angola

Ethiopia

Morocc

o

Guinea

Algeria

MauritaniaMali

Cape Verde

Sao Tome and Principe

Democratic Republic of the Congo

Djibouti

Uganda

Kenya

Som

alia

BurundiRwanda

Tanzania

Central African Republic

Equatorial Guinea

Cote d'Ivoire

LiberiaSierra LeoneGuinea-Bissau

Sahrawi Arab Democratic Republic

MauritiusZimbabwe

Cameroon

Namibia

Nigeria

Botswana

Zambia

South Africa

Cong

o

Lesotho

Gha

na

Swaziland

Benin

GabonCom

oros

Seychelles

Malawi

Burkina Faso

Togo

Senegal

Mad

agas

car

Mozam

bique

Tunisia

Eritrea

The Gambia

AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE

Legend

Not signed

Ratified

Signed

African Charter on Democracy, Elections and Governance, 2007

Status of ratification of the Charter

Not ratified,


Upcoming Events:

16• th Ordinary Session of the Assem-bly of the Union: Towards Greater Unity and Integration through Shared Values, organized by the African Union Commission (AUC), Addis Ababa, Ethiopia. January 2011.

Elections Observation Training •for the Central African Region, to be organized by the African Union Commission, March 2011, Venue to be determined.

7• th Conference of African Ministers of Public Service, to be organized by the Chairperson of the 6th Confer-ence (Kenya) and the African Union Commission, March 2011, Nairobi, Kenya.

Consultative Meeting on the Afri-•can Union Humanitarian Policy Framework, to be organized by the African Union Commission, March 2011, Venue to be determined.

AU-UN Human Rights Consulta-•tions, to be organized by the African Union Commission, March 2011, Bahir Dar, Ethiopia.

Meeting on the Human Rights •Strategy for Africa, to be organized by the African Union Commission, March 2011, Arusha, Tanzania.

Expert Meeting on UNECA’s •Regional Anti-Corruption Pro-granmme” to be held in Kigali, Rwanda, February, 2010.

APRM Sensitization Sub-regional •Training Workshop for “Civil Soci-ety Organizations, Parliamentar-ians and other Stakeholders from French Speaking APRM Countries” that have acceded but not started the process: Feb 2011, Dakar, Senegal;

Ad Hoc Expert Review Group •Meeting on “Deepening APRM Best Practices and Lessons Learned: Managing Diversity” organized by the UNECA, Addis Ababa, Ethio-pia, 8 March 2011

ganized by the Secretariat of the Ad-visory Board, held in Addis Ababa, Ethiopia, 6-10 December 2010.

Gender and Youth Fora on the •Shared Values Summit, organized by the Department of Political Affairs (DPA), African Union Commission (AUC), held in Addis Ababa, Ethiopia, 6-7 December 2010.

African Civil Society Consulta-•tions on Shared Values, organized by the Department of Political Affairs (DPA) and the Citizens and Diaspora Directorate (CIDO), African Union Commission (AUC), held in Abuja, Nigeria, 26-28 No-vember 2010.

African Governance Report III •Technical Workshop for National Research Institutions on the theme: Elections and the Management of Diversity in Africa organized by UNECA and UNDP, held in Addis Ababa, Ethiopia, 29-30 November 2010.

Expert Meeting on: • Improving Public Financial Management for Effective Domestic Resource Mo-bilization in Africa, organized by GPAD-UNECA and IDEP, Dakar, Senegal, held in Banjul, Gambia, 2-4

November 2010.

Pan Africa Investment Forum on •“Energy and other related Infra-structure”, organized by the UN-ECA, AUC and AFDB in Maputo, Mozambique from 1-5 November 2010

Validation Workshop on the Hu-•man Rights Strategy for Africa, organized by the Department of Political Affairs (DPA), African Union Commission (AUC), held in Arusha, Tanzania, 26-27 October, 2010.

Training Workshop for National •Anti-Corruption Institutions in Central Africa organized by the UNECA and UNDP, Yaoundé, Cameroon, 20-22 October 2010.

Events and ActivitiesSome Recent Events and Upcoming Activities:

SADC Experts Validation Work-•shop on Elections Dispute Resolu-tion Mechanisms, organized by the Department of Political Affairs (DPA), African Union Commission (AUC), held in Maseru, Lesotho, 17-18 December, 2010.

Member States Consultations on •the Theme of the 16th Ordinary Ses-sion of the Assembly of the Union’ organized by the Department of Po-litical Affairs (DPA), African Union Commission (AUC), held in Addis Ababa, Ethiopia, 13-15 December, 2010.

5• th International Conference on Federalism on the theme: Equality and Unity in Diversity for Devel-opment, organized by the Federal Government of Ethiopia, Forum of Federations, Canada, and the UN-ECA, Addis Ababa, Ethiopia, 13-15 December 2010.

Meeting on RECs – African Union •Cooperation in Governance: En-hancing Convergence, organized by the Department of Political Affairs (DPA), African Union Commission (AUC), held in Addis Ababa, Ethio-pia, 10 December, 2010.

High Level Seminar: “• Towards Greater Unity and Integration through African Shared Values” organized by the Department of Political Affairs of the African Union Commission (AUC), in Addis Aba-ba, Ethiopia, 8-9 December 2010.

6• th Meeting of the African Union Advisory Board on Corruption, or-

www.africa-union.org

AlgeriaAngola

BeninBotswanaBurkina Faso Burundi

Cameroon Cape Verde

Central African RepublicComorosDRC Cote D'Ivoire

DjiboutiEgypt Equatorial Guinee

GhanaGuinea-Bissau

EritreaEthiopiaGabon

Gambia GuineeKenya

Lesotho

LiberiaLibyaMadagascarMalawiMali MauritaniaMauritius Mozambique

NigeriaRwanda Namibia

Niger

Arab SaharawiSao Tome and Principe

Sierra Leone

Somalia

South Africa

SudanSwaziland

TanzaniaTogo

Tunisia

Uganda

Zambia

Zimbabwe

Senegal

Seychelles

Chad

Congo

TOWARDS

GREATER UNITY & INTEGRATIONTHROUGH SHARED VALUES

VALEURS PARTAGEES POUR UNE

PLUS GRANDE UNITE ET INTEGRATION

RUMO A UMA MAIOR

UNIDADE E INTEGRAÇÃOATRAVÉS DOS VALORES COMUNS

Online at http://www.uneca.org/agr or http://www.africa-union.org/

For comments and contributions write to: Chair, Editorial Committee ([email protected] and [email protected])

NewsletterAfrican Governance