4. The PAP is to form an integral organ of the African Union (AU), which will evolve from the existing OAU and the AEC. The OAU/AEC and the AU will co-exist for a transitional period of a year or more in order to provide for a smooth transition. The AU is to be launched at the Extraordinary Summit in Sirte in March 2001. It is hoped that, by this time, the requisite two-thirds of member states will have ratified the Constitutive Act of the African Union. Until the AU becomes operational, and in the transitional period, the PAP Protocol will be a Protocol to the AEC Treaty and an organ of the AEC. Once the AU comes into being, then it will become a Protocol to the Constitutive Act of the AU.
5. The ultimate vision for the PAP is that it be a legislative body for the continent, elected on the basis of universal adult suffrage across the continent. However, the reality is that this is not possible at this stage in the continent's development. Therefore, in an interim phase, the PAP will be a consultative and advisory body. It will be composed of five Parliamentarians elected from the National Parliaments of each member state of the AEC. At least one of the five Parliamentarians must be a woman. The objectives and functions of the PAP include the promotion of democracy, good governance and human rights.

1. BACKGROUND:

3. The OAU Secretariat was tasked with taking the appropriate measures to follow up on the decisions taken at the Sirte Summit. Two meetings on the establishment of the AU and a PAP were held; in Addis Ababa in April 2000 and in Tripoli in June 2000. The Constitutive Act of the African Union was finalised at these meetings and adopted on 11 July 2000 at the OAU Summit in Lomé. More time, however, was required for the drafting of the Protocol to establish the PAP. The meeting held in Pretoria from 7 to 10 November resulted from an offer made by South Africa at the Summit in Lomé to host the next meeting of Parliamentarians and legal experts to deliberate on the Protocol.
4. The Constitutive Act of the AU has, since its adoption, been signed by 31 member states of the OAU/AEC and ratified by four. South Africa signed the Act on 8 September 2000. It was submitted to Parliament for ratification on 6 October 2000.

5. The adoption of the AU Act should be seen as the first step in an ongoing process to streamline and rationalise the existing organisational framework of the continent and, in so doing, to make the AU relevant to the demands of the 21^st Century and to achieving the ultimate goal of complete African unity. The establishment of the PAP is a natural extension of this vision, as expressed by the Sirte Declaration and the AU Act.

1. CONTENT:

1. The ultimate vision for the PAP is that it should be a supra-national legislative authority, with Parliamentarians elected by universal adult suffrage across the continent. However, member states at the meeting were almost unanimous in their view that that this current vision was not practically possible at this stage due to lack of funds, capacity, and the current state of continental development. Therefore, the Protocol, as negotiated by the meeting, primarily concerns itself with the provisions for the PAP in an interim phase, expressing the need for an operational text based on current realities.
2. The long term ideals and vision for the PAP are included in the Preamble to the Protocol. The Preamble also deals with the context of the PAP’s establishment and considerations relating to the interim phase and the ideal stage (as a legislative body). Article 2 of the Protocol further reflects the vision and principles underlying the establishment of the PAP, as well as the considerations relating to the interim period (as a consultative forum). Article 3 provides the Objectives of the PAP. These are:

- To promote peace, security and stability;

- To facilitate cooperation and development in Africa;

1. It will be comprised of five representatives from each member state of the OAU/AEC, as elected or designated by the National Parliament or "other deliberative organ" of each member state, from among their members. The term of office of the Pan African Parliamentarians is, therefore, linked to their term of service in their National Parliaments. The representatives are accountable to their National Parliaments. The five representatives must include at least one woman and must be representative of the diversity of political opinion reflected in the National Parliament in question.
2. There was much debate around the question of whether representation should be based on population size (proportional representation) or on the principle of equality between member states. A minority of member states (Nigeria, Egypt, Ethiopia, Ghana and Mali) were supportive of proportional representation. Arguments revolved around which system would best comply with the principle that the PAP is to represent the interests of the peoples of Africa and their grass-roots organisations. However, it was decided in the end to allow for equal representation, i.e. five representatives per member state.
3. The PAP will have advisory and consultative powers only. In the long term, it will be expected to exercise legislative powers. This, however, will not be an automatic transition and has to be specifically provided for in the Protocol in terms of an amendment and review process. The promotion of human rights, good governance, democracy, the rule of law and the integration process on the continent are among the functions to be performed by the PAP. The PAP can examine, discuss or express an opinion on any matter, either on its own initiative or at the request of the Assembly of Heads and State and Government.
4. Decisions shall be taken by consensus or, failing which, by a two-thirds majority of members present and voting. Decisions on procedural matters will be taken by a simple majority. Parliamentarians shall vote in their personal and independent capacities.
5. The PAP will have a President and four Vice Presidents (ranked one to four), representing the five regions of Africa, as determined by the OAU. The ranking of the four Vice Presidents will rotate annually. The terms of these office bearers will also be linked to their terms in the National Parliaments that elect them.
6. The PAP will work in close cooperation with the Parliaments of the Regional Economic Communities, e.g. the SADC Parliamentary Forum, and the National Parliaments of member states.
7. The PAP will meet at least twice a year in ordinary session, for a period up to 30 days. Extraordinary sessions can be convened, on the basis of a two-thirds majority being in favour of such a meeting.
8. It was eventually decided that the annual Budget of the PAP shall constitute an integral part of the Budget of the OAU/AEC, as drawn up in accordance with the Financial Rules and Regulations of the OAU/AEC. The Pan African Parliamentarians will be paid allowances pursuant to the discharge of their duties. As they are serving members of their National Parliaments, their salaries are covered by their National Parliaments.
9. In the exercise of their duties and functions as Pan African Parliamentarians, members will enjoy the immunities and privileges provided for by the Convention on Privileges and Immunities of the OAU and the Vienna Convention on Diplomatic Relations, as well as Parliamentary immunities.
10. In order to cater for the envisaged end of the interim phase, the Protocol provides for review and revision. Article 24 provides for amendment or revision of the Protocol, whereby either the member states or the PAP as a whole can propose amendments to the Protocol for the consideration and approval of the Assembly of Heads of State and Government. Article 25 provides a compulsory review mechanism, whereby a review will be conducted five years after entry into force of the Protocol. This will be to review the operation and effectiveness of the Protocol, with a view to ensuring that the objectives and purposes of the Protocol, as well as the vision underlying the Protocol are being realised and that the Protocol meets with the evolving needs of the African continent.
11. As regards outstanding matters, the PAP will itself draw up its Rules of Procedure and it was left to the Assembly of Heads of State and Government to decide on the eventual seat of the PAP.

1. COMMENT:

2. As a result of South Africa’s proposals, the issues of gender representivity and of representivity across the political spectrum, ie including opposition parties, were clearly reflected in the Protocol. South Africa’s aim to ensure that the PAP would be a vehicle for the promotion of democracy, good governance and human rights was also achieved by way of appropriate references throughout the Protocol.
3. There were also several new elements to this meeting, which contributed to its success. The Speaker achieved a first at OAU meetings by convincing the delegates to allow the entire meeting to be open to the media. This was important, as it has been repeatedly stressed that the only way to achieve African unity is to popularise the concept with the people. It is envisaged that sessions of the PAP will be open to the public.

4. Furthermore, it is the first time in the history of the OAU that members of a branch of government other than the executive have been involved in the development of a critical OAU process and, in particular, that Parliamentarians, as the elected legislative custodians of democratic values, have been involved. This was an important and logical step, as Parliamentarians are the experts best suited to discuss the PAP. This facilitated substantive and informed debates on the issue. In addition the involvement of the Parliamentarians will be crucial in operationalising and popularising the concept of the PAP. As they now have ownership of the process, this will no doubt be facilitated.
5. The Parliamentarians, on the evidence of the meeting, seem to be taking this process and the PAP very seriously. This must be seen as a first step in the right direction. It will be up to the Parliamentarians themselves to seize the opportunity and to ensure that the PAP becomes a body of integrity and plays a constructive role as an oversight watchdog on the continent. They will determine the status of the PAP. It must be able to forge an independent role for itself, playing a meaningful part in representing the aspirations and interests of Africa’s peoples and their will in overcoming the challenges facing the continent. The PAP is the practical demonstration of a commitment to African unity and solidarity and to the ideals of an African Renaissance.

1. Introduction

1. Pursuant to Decision AHG/Dec.143 (XXXVI) adopted by the 36^th Ordinary Session of the Assembly of Heads of State and Government, a Meeting of African Parliamentarians was held in Pretoria, South Africa, at the Holiday Inn Pretoria, from 7 to 10 November, 2000 to consider the Draft Protocol to the Treaty establishing the African Economic Community (AEC) relating to the Pan-African Parliament.

1. Attendance

2. The following Member States participated in the Meeting: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, DRC, Chad, Djibouti, Egypt, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Guinea Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, SADR, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe. (List of participants attached)

1. Opening Ceremony

2. The Opening Session was chaired by Dr. Salim Ahmed Salim, Secretary General of the Organization of African Unity (OAU).

4. In his opening statement, the OAU Secretary General warmly welcomed all the participants to the all-important meeting convened to examine and finalize the Draft Protocol to the Treaty establishing the African Economic Community relating to the Pan-African Parliament. He expressed profound gratitude to the Government and People of South Africa for the warm welcome and generous hospitality accorded to all the delegations.

5. The Secretary General stated that the meeting was part of the historic momentum set in motion by the adoption of the Sirte Declaration on 9.9.99, which was galvanized by the subsequent adoption of the Constitutive Act of the African Union by the Heads of State and Government of the OAU in Lome, Togo, on 12 July, 2000. He indicated that these two critical steps were in conformity with the ultimate objectives of the OAU Charter and the provisions of the Treaty establishing the African Economic Community. The Secretary General further stated that the Sirte Declaration and the Constitutive Act of the African Union called for accelerated implementation of these objectives, particularly the establishment of the Pan-African Parliament as a common platform for all the peoples of Africa and their grass-roots organizations to get more involved in discussions and decision-making on the problems and challenges facing the Continent

6. The Secretary General intimated that, to date, 31 Member States have signed the Constitutive Act of the Union and that 4 of these signatories had deposited their instruments of ratification. He then made an urgent appeal to Member States which have not yet signed the Act to do so, and to those countries which have already signed the Act to ratify it, so that the time-frame agreed upon by African leaders at their historic Summit in Sirte might be respected.

7. The Secretary General underscored the importance of involving African Parliamentarians, as the people with practical experience in the matter, in the process of elaborating the constitutive legal instruments of the Pan-African Parliament. He pointed out that the effective establishment of the Pan-African Parliament would make it possible to consolidate the principles and values of democracy, good governance, peace, security, stability, human rights and justice: in a nutshell, the integrated development of Africans.

8. The Secretary General highlighted the crucial role of African Parliamentarians in the promotion of these values and in the mobilization of all good will to enable the African Union and its institutions to be established as speedily as possible in the interest of the peoples of Africa.

9. Concluding, the Secretary General stated that the formidable and complex challenges posed by globalization called for the re-energizing and strengthening of our unity and solidarity.

10. In her opening statement, the Speaker of the National Assembly of South Africa, recalled the protracted struggle waged by African peoples for emancipation, unity, independence and freedom. She paid a personal tribute to the Secretary General of the OAU for his determined efforts towards the liberation of the Continent.

11. The Speaker of the National Assembly underlined the new focus of the OAU which had shifted from liberation to the socio-economic development of the Continent. She stated that the new challenges of globalization required resolute action towards strengthening the economic and political unity of Africa through regional and continental partnerships.

12. She emphasized that the process of transforming the existing continental bodies into the African Union as decided by the historic Summit in Sirte on 9^th September, 1999, was designed to better meet the challenges of the 21^st Century and achieve the ultimate goal of complete and effective African Unity and solidarity. She however, observed that in all these developments, the voices of the peoples of Africa through their elected representatives in National Parliaments had been largely absent. She welcomed the Sirte Declaration which called for a common platform for all African peoples and their grass-root organizations to be more involved in discussions and decision-making on the problems and challenges facing the Continent.

13. The Speaker underlined the fact that Parliaments were the pre-eminent custodians of democratic values in any society, and called for their early involvement in the creation and strengthening of the other institutions of the African Union. She further indicated that the Pan-African Parliament would serve to develop a common understanding of Africa and its common future, thus strengthening political and economic ties and relations. She emphasized the need for Parliamentarians to promote the principles and values of democracy and the practices and institutions of good governance and the respect of human rights.

14. The Speaker concluded her statement by stressing the importance of the meeting which was to elaborate the legal framework for the status and functions of the Pan-African Parliament.

15. Responding to the opening statement, the Right Honourable Speaker of the Parliament of Ghana, expressed, on behalf of all delegations, his profound gratitude for the warm welcome and excellent facilities placed at the disposal of all participants in the best tradition of African brotherhood and solidarity.

16. He hailed the role played by South Africa and President Thabo Mbeki in defending and promoting African causes, especially in the areas of debt relief, conflict resolution and economic integration.

17. Honourable Annan stated that the transition from apartheid in South Africa to the democratic constitutional dispensation had been exemplary and offered to all Africans refreshing and continuing lessons in conflict prone Africa.

18. He concluded by saying that the establishment of the Pan-African Parliament would provide Africa with a mechanism which would enable all peoples of Africa to fully participate in the economic development, unity and integration of Africa.

1. Election of the Bureau

19. On the recommendation of Ambassador Papa Louis Fall of Senegal, the Dean of the African Ambassadors accredited to the OAU, the meeting elected the following Bureau:

 

- Chairman : South Africa

- 1^st Vice Chairman: Ethiopia

- 2^nd Vice Chairman: Togo

- 3^rd Vice Chairman: Burundi

- Rapporteur: Algeria

2. Organization of Work

20. The meeting adopted the following working hours:

VI. Adoption of the Draft Agenda

21. The Agenda was adopted as follows:

1. Opening Ceremony;
2. Election of the Bureau;
3. Adoption of the Draft Agenda;
4. Organization of work;
5. Consideration of the Draft Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament;
6. Adoption of the Report and the Draft Protocol;
7. Any Other Business
8. Closing Ceremony.

21. The Chairperson submitted the recommendations made by the Bureau on the conduct of the meeting. She suggested that delegations be allowed to make few comments on the Draft Protocol. She also proposed that in view of the importance of the meeting, Member States affected by sanctions should exceptionally be allowed to take part in the deliberations, in order to enlist broad consensus on the issues under consideration. She further proposed that the meeting, in view of its nature and the need to reach out to the peoples of Africa, be open to the media; it being understood that the meeting would hold closed Sessions whenever it deemed it necessary. The meeting endorsed the Chairperson’s proposals.
22. During the general debate, several delegations took the floor and expressed support for the establishment of the Pan-African Parliament as a way of involving the African peoples in the on-going process of political and socio-economic integration on the Continent as stipulated in the Abuja Treaty. They expressed appreciation for the work done by the General Secretariat and the Experts from Member States since the adoption of the Sirte Declaration. They further underlined the fact that the challenges to be addressed by this first meeting of African Parliamentarians held under the auspices of the OAU, was to chart the way forward by determining the type of Pan-African Parliament which would enjoy the support and confidence of African peoples. Such a Parliament would assist in the promotion of democratic values, good governance and respect for human rights.
23. Delegations observed that the establishment of the Pan-African Parliament should be situated within the framework of the implementation of the Sirte Declaration which provides for the establishment of an African Union. The need to bear in mind the financial implications of setting up such Parliament was underlined.
24. Some participants called on Member States which have not yet signed or ratified the Constitutive Act of the African Union to do so without further delay so as to accelerate its implementation.
25. The Togolese delegation conveyed to the meeting a message from the Current Chairman of the OAU, H. E. President Gnassingbe Eyadema, wishing the meeting success in its deliberations.

VII. Consideration of Outstanding Issues in the Draft Protocol

27. On Item 5 of the Agenda dealing with Consideration of the Draft Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament, the Chairperson proposed that the meeting focus on the following Articles on which consensus had not been reached during previous meetings.

28. The Chairperson highlighted the following issues that should be addressed, namely: the principles of equal or proportional representation, the number of representatives for each Member State, the method of appointing or electing representatives from each Member State, and adequate representation of women to ensure gender balance in the Pan-African Parliament.

29. During the ensuing debate, several delegations took the floor and focused on the following specific aspects. On the issue of representation, most delegations expressed the view that all Member States should be represented in the proposed Pan-African Parliament by an equal number of members on the ground that each Member State should be seen as a separate constituency including the people of that country. Furthermore, in their view, this procedure was an established practice in the OAU and in other international organizations. Some delegations expressed the view that since the Parliament was intended to be a forum for the peoples of Africa to take part in the decision-making processes at the Continental level, there was need to de-emphasize national representation. In this regard, the composition of the Pan-African Parliament should be based on the size of the population of each Member State, with the possibility of fixing a minimum and maximum number of representatives for each country.
30. Regarding the modalities for electing or appointing representatives, the consensus that emerged was that during the transitional period, the members should be designated by the elected National Assemblies of each Member State, bearing in mind that ultimately, the members of the Pan-African Parliament shall be elected on universal direct suffrage.
31. Regarding the number of Pan-African Parliamentarians, the consensus reached at the end of the debate was that during the first term of the Parliament, each Member State should be represented by five (5) members.
32. On gender balance, it was emphasized that the Pan-African Parliament could not effectively represent the peoples of Africa if women who constitute the majority of African populations were to be under-represented in that forum. The idea of establishing a quota for women representation was discussed. The meeting finally agreed that at least one of the five Parliamentarians from each Member State must be a woman.
33. In electing, appointing or designating members of the Pan-African Parliament from the National Parliaments, it was proposed that the diversity of political opinions in each National Parliament, including the political opposition and minority parties should be reflected.

34. At the end of the debate, the meeting agreed as follows:

1. Member States shall be represented by an equal number of Parliamentarians;
2. Each Member State shall be represented by five (5) members, at least one of whom must be a woman;
3. The representatives of each Member State must reflect the diversity of political opinions as reflected in each National Parliament.

35. The majority of the delegations expressed the view that the Pan-African Parliamentarians should be elected or designated by their National Parliaments or other deliberative organs from among their members. Other delegations felt that the Pan-African Parliamentarians should be elected from among citizens of each Member State.

36. After an exhaustive debate, the Meeting agreed that the Pan-African Parliamentarians shall be elected or designated by their National Parliaments or other deliberative organs from among their members.

2. Privileges and Immunities of the Pan-African Parliamentarians

37. The question was raised as to whether Pan-African Parliamentarians should enjoy diplomatic immunities and privileges. After a lengthy discussion, the Meeting agreed that the Pan-African Parliamentarians should enjoy the privileges and immunities provided for by the Convention on Privileges and Immunities of the OAU and the Vienna Convention on Diplomatic Relations, while exercising their functions.

3. Parliamentary Immunities

38. There was a broad agreement on the need to extend parliamentary immunities to the Pan-African Parliamentarians while exercising their functions. The related Article was amended to determine the nature of such immunity.

4. Allowance

39. The need to pay an allowance to the Pan-African Parliamentarians to meet the expenses related to their participation in the activities of the Pan-African Parliament was recognized. Most of the delegations which took the floor expressed the view that since the salary of the Pan-African Parliamentarians was paid by their respective National Parliaments, such an allowance should be paid from the Budget of the Pan-African Parliament which is an integral part of the Budget of the OAU/AEC. Other delegations held the view that the allowance should be paid by National Parliaments.
40. Following extensive discussion on this issue, the Assistant Secretary General in charge of Political Affairs drew the attention of the meeting to the financial implications. He pointed out that preliminary estimates indicated that, on the basis of a representation of five members per Member State and two Sessions of thirty days duration each, the financial cost would be almost US$5 million.
41. He further drew the attention of the meeting to the current practice relating to the participation of representatives of Member States in other organs of the OAU. In this respect, he noted that the expenses for the participation of Member States’ representatives in the Sessions of these organs were met by the Member States themselves.

42. At the end of the debate, the meeting agreed that the necessary financial resources should be made available to sustain the participation of Pan-African Parliamentarians. The Draft Protocol on the allowance of the Pan-African Parliamentarians was amended accordingly.

f) Functions and Powers

43. The Meeting agreed that while the Pan-African Parliament was expected to exercise legislative powers, it shall in the interim period of its existence, be an advisory and consultative body. Several proposals were submitted on the functions the Pan-African Parliament could perform during the interim period, including the promotion of human rights, good governance, democracy and integration in the Continent.

g) Budget

44. In discussing the relevant Article of the Draft Protocol, the Meeting requested the Secretariat to provide information on the process of elaborating and adopting the Budget. Following the information provided by the General Secretariat, the Meeting agreed that the annual Budget of the Pan-African Parliament shall constitute an integral part of the Budget of the OAU/AEC and drawn up in accordance with the Financial Rules and Regulations of the OAU/AEC. It further agreed that the Budget should be approved by the Assembly until such a time as the Parliament will exercise its legislative powers. Proposals for additional funding, through equal and mandatory contributions and donations by National Parliaments were submitted. The Meeting recognized the merit of those proposals but did not find it appropriate to adopt them at this stage.

45. After exhausting the outstanding issues, the meeting examined the Draft Protocol Article by Article.

46. Proposals were made by delegations to improve on the Preambular paragraphs, particularly to highlight the vision underlying the establishment of the Pan-African Parliament, the context of its establishment and other considerations relating to the interim period.

b) Article 1: Definitions

47. The Secretariat was requested to look into the definitions provided for in the Draft Protocol with a view to streamlining them.

c) Article 2: Establishment of the Pan-African Parliament

48. The Draft Article was amended to reflect the vision underlying the establishment of the Pan-African Parliament (legislative body) as well the considerations relating to the interim period (consultative forum).

d) New Article 3: Objectives

49. A new Article 3 was introduced to reflect the various views expressed during the debate on the objectives of the Pan-African Parliament.

 

e) Article 3: Composition

50. See paragraphs 26 to 31 of this Report.

f) Article 4: Election, Tenure and Vacancies

51. See paragraphs 33 and 34 of this Report.

g) Article 5: Vote

52. The Article was amended (deletion of reference to "instructions from any person or authority").

h) Article 6: Incompatibility

53. The Article was amended (deletion of the reference to officials serving in the OAU, Regional Economic Communities and other Regional Organizations).

i) Article 7: Qualifications

54. This Article was deleted.

j) Article 8: Privileges and Immunities of Pan-African Parliamentarians

55. See paragraph 35 of this Report.

k) Article 9: Parliamentary Immunity

56. See paragraph 36 of this Report.

l) Article 10: Allowance

57. See paragraph 37 of this Report.

 

m) Article 11: Functions and Powers

58. See paragraph 41 of this Report.

n) Article 12: Rules of Procedure and Organization of the Pan-African Parliament

59. This Article was amended in its provisions relating to the number of Vice-Presidents and the introduction of the principle of rotation for the Vice-Presidents, as well as vacancies.

o) Article 13: Oath of Office

60. It was agreed that the text of the Oath or Declaration would annexed to the Protocol.

p) Article 14: Sessions

61. This Article was amended. It was agreed that the Current Chairman of the OAU would preside over the inaugural session until such a time as the President of the Pan-African Parliaments is elected. Furthermore, it was agreed that a majority of two-thirds of the Pan-African Parliamentarians was required to convene an Extra-ordinary Session.

q) Article 15: Budget

62. See paragraph 42 of this Report.

r) Article 16: Seat of the Pan-African Parliament

63. This Article was adopted without amendment.

s) Article 17: Working Languages

64. This Article was amended to reflect the working languages of the OAU.

 

t) Article 18: Observer Status

65. This Article was deleted.

21. Articles 19, 20, 21, 22, 23 and 24

66. These Articles were adopted without amendment.

v) Article 25: Amendment and Revision

67. This Article was amended to stipulate that Parliament could propose amendments to the Protocol for the consideration and approval of the Assembly.

w) Article 26: Review Mechanism

68. This Article was introduced to provide for a review mechanism for the Protocol. It was adopted as proposed.

69. The Ethiopian delegation recalled the invitation to all African Parliaments to participate in the Session of the Union of African Parliaments to be held in Addis Ababa, from 20 to 25 November, 2000. He underscored the importance of this meeting and urged all Member States to attend and participate actively in the Meeting.

70. The Egyptian delegation drew the attention of the Meeting to the tragic events taking place in Palestine, where the Palestinian people were subjected to bloody repression by Israeli security forces. The delegation called on the Parliamentarians to condemn these acts of violence and to demand the implementation of the United Nations Security Council Resolutions 242 and 338 and the international protection for the Palestinians against these acts of violence.

71. The delegation of Djibouti gave a brief account of the results of the Arta Conference on Somalia at which a Transitional Parliament and a President were elected for Somalia. It appealed to all the Parliamentarians to support the President and Government of Somalia in restoring peace and stability in Somalia.

72. The delegation of Sierra Leone emphasized the need for a firm and solemn commitment by Member States to support the Pan-African Parliament as a viable forum which could serve to prevent such tragic events which had devastated Sierra Leone.

73. The delegation of Guinea expressed its gratitude to all Member States for their support in the face of the aggression perpetrated against Guinea.

74. The Meeting took note of those statements.

X. Adoption of the Draft Protocol and the Report of the Meeting

75. On 10 November, 2000, the Meeting after making some minor amendments to the Draft Protocol, adopted it together with the Report on the meeting.

XI. Closing Ceremony

76. The OAU Assistant-Secretary General in charge of Political Affairs, Ambassador Said Djinnit, on behalf of the Secretary General of the OAU, expressed gratitude to all the delegations for adopting the Draft Protocol and by so doing making invaluable contribution to the initiatives pursued by the OAU/AEC. He gave a historical perspective of the different stages which, over the last two decades, had marked the action of the OAU and its opening to the involvement of the African peoples in the political and socio-economic development process of the Continent. In this connection, Ambassador Djinnit recalled the importance of the Declaration adopted in 1990 by the Assembly of Heads of State and Government on the Political and Socio-Economic Situation in Africa and the Fundamental Changes taking place in the World, which, he said, paved the way for the creation of a framework for collective and concerted action to find solutions to the problems facing the Continent. He reviewed the efforts undertaken in this direction which, among other things, culminated in the adoption in 1991 of the Abuja Treaty establishing the African Economic Community, the Cairo Declaration on the establishment of the Conflict Prevention, Management and Resolution Mechanism in 1993 and the Sirte Declaration in 1999 leading to the adoption of the Constitutive Act of the African Union in Lome, in July 2000.

77. Concluding, the Assistant-Secretary General expressed appreciation for the work accomplished by the Parliamentarians during the present session.

78. The meeting then heard the Vote of Thanks presented by the leader of the Great Jamahiriya delegation.
79. In his statement, the leader of the Great Jamahiriya delegation, on behalf of all the delegations, expressed gratitude to the Government and people of South Africa for the warm welcome and generous hospitality accorded to all the participants. He also commended the Chairperson for the effective manner in which she conducted the debate and for her wisdom, which contributed immensely to the success of the meeting.

80. He further expressed satisfaction at the results of the meeting, which culminated in the adoption of the Draft Protocol. He added that the Draft Protocol would ultimately enable the peoples of Africa to get actively involved in the development and integration of the Continent through their Parliamentarians. The leader of the Libyan delegation expressed the wish that the nascent African Union should be strongly supported in its initial phase and that its institutions – particularly the Pan-African Parliament - should be endowed with wide-ranging powers in due course.

81. In conclusion, the Leader of the Libyan delegation paid tribute to the struggle waged by South Africa and hailed the memory of its heroes who laid down their lives to ensure the triumph of freedom on the African Continent.

82. On behalf of the South African delegation, its leader, Honourable Mrs. Pandor, reaffirmed the commitment of her country and its Parliament to promoting the principles of democracy and good governance. After recalling the provisions of the Draft Protocol which the meeting had just adopted, she affirmed her country’s determination to support the implementation of the Protocol and thereby promote its values.
83. She expressed her country’s solidarity with the Palestinian people.
84. In conclusion, she thanked the delegates, the OAU General Secretariat, the Department of Foreign Affairs, the Chairperson of the Meeting, the Speaker of the South African Parliament.
85. In her closing remarks, the Chairperson, Dr. Frene Ginwala, Speaker of the National Assembly of South Africa thanked her colleagues on the Bureau, the representatives from Member States, the Secretary General, the Assistant Secretaries-General present and members of the General Secretariat and in particular, the interpreters and other technical staff. She also thanked the staff from the South African Department of Foreign Affairs and the South African Parliament.

86. She noted that it was the first time that Parliamentarians were involved to such an extent in the activities of the OAU. She expressed the view that the adoption of the Draft Protocol was a great achievement and a significant step towards the effective establishment of the Pan-African Parliament. She expressed the hope that in future, Parliamentarians would, through the envisaged Pan-African Parliament, participate and assist the Continental Organization in implementing the OAU Agenda for democracy, good governance, transparency and accountability in African societies. She expressed appreciation to the fact that the Meeting recognized the need to have an adequate representation of women in the Pan-African Parliament while the diversity of opinion within National Parliaments should be reflected in the Pan-African Parliament.

87. The Chairperson pointed out that the Meeting was exemplary and that the fact that the delegations came from different legal systems and parliamentary traditions did not prevent it from concluding its deliberations successfully. She indicated that even though delegates had expressed different opinions during the debate, they had upheld a common vision for the Pan-African Parliament which had enabled the Meeting to come to a consensus.

88. In concluding, Dr.Ginwala underlined the need for all National Parliaments to play a key role in ensuring that the Draft Protocol is popularized in the individual countries and that the peoples participate fully in the on-going process of establishing the Pan-African Parliament. She emphasized the important role the envisaged Pan-African Parliament would play by establishing a mechanism that would ensure the effective participation of the peoples of Africa to the decision-making process in the matters and challenges that confront the Continent.
89. Thereafter, the Chairperson declared the Meeting of the African Parliamentarians closed.

PREAMBLE

The Member States of the Organization of African Unity State Parties to the Treaty Establishing the African Economic Community:

Bearing in mind the Sirte Declaration adopted at the Fourth Extraordinary Session of the Assembly of Heads of State and Government held in the Great Socialist People’s Libyan Arab Jamahiriya on 9.9.99 establishing the African Union and calling for the speedy establishment of the institutions provided for in the Treaty establishing the African Economic Community signed in Abuja, Nigeria, on 3 June, 1991 and the establishment of the Pan- African Parliament by the year 2000;

Noting, in particular, the adoption by the Assembly of Heads of State and Government meeting in its 36^th Ordinary Session in Lome, Togo, from 10 to 12 July, 2000, of the Constitutive Act of the African Union, thereby giving concrete expression to the common vision of a united, integrated and strong Africa;

Further noting that the establishment of the Pan-Parliament is informed by a vision to provide a common platform for African peoples and their grass-roots organizations to be more involved in discussions and decision-making on the problems and challenges facing the Continent.

Conscious of the imperative and urgent need to further consolidate the aspiration of the African peoples for greater unity, solidarity and cohesion in a larger community transcending cultural, ideological, ethnic, religious and national differences;

Considering the principles and objectives stated in the Charter of the Organization of African Unity;

Further considering that Articles 7 and 14 of the Treaty establishing the African Economic Community provide for a Pan-African Parliament of the Community, whose composition, functions, powers and organization shall be defined in a related Protocol;

Recalling the Cairo Agenda for Action which was endorsed by the Thirty-first Ordinary Session of the Assembly held in Addis Ababa, Ethiopia, from 26 to 28 June 1995 (AHG/Res. 236 (XXXI), and which recommended the speeding up of the rationalization of the institutional framework in order to achieve economic integration at the regional level;

Recalling further the Declaration on the Political and Socio-Economic Situation in Africa and the Fundamental Changes Taking Place in the World, which was adopted by the Twenty-sixth Ordinary Session of the Assembly in Addis Ababa, Ethiopia, on 11 July 1990;

Considering that by the Algiers Declaration (AHG/Decl.1 (XXXV) of 14 July 1999 the Assembly reaffirmed its faith in the African Economic Community;

Determined to promote democratic principles and popular participation, to consolidate democratic institutions and culture and to ensure good governance;

Further determined to promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments;

Conscious of the obligations and legal implications for Member States of the need to establish the Pan-African Parliament;

Firmly convinced that the establishment of the Pan-African Parliament will ensure effectively the full participation of the African peoples in the economic development and integration of the continent;

In this Protocol, the following expressions shall have the meanings assigned to them hereunder:

1. Member States hereby establish a Pan-African Parliament the composition, functions, powers and organization of which shall be governed by the present Protocol.
2. The Pan-African Parliamentarians shall represent all the peoples of Africa.
3. The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage. However, until such time as the Member States decide otherwise by an amendment to this Protocol:

1. The Pan-African Parliament shall have consultative and advisory powers only; and
2. The Members of the Pan-African Parliament shall be appointed as provided for in Article 4 of this Protocol.

The objectives of the Pan-African Parliament shall be to:

1. facilitate the effective implementation of the policies and objectives of the OAU/AEC and, ultimately, of the African Union;
2. promote the principles of human rights and democracy in Africa;
3. encourage good governance, transparency and accountability in Member States;
4. familiarize the peoples of Africa with the objectives and policies aimed at integrating the African Continent within the framework of the establishment of the African Union;
5. promote peace, security and stability;
6. contribute to a more prosperous future for the peoples of Africa by promoting collective self-reliance and economic recovery;
7. facilitate cooperation and development in Africa;
8. strengthen Continental solidarity and build a sense of common destiny among the peoples of Africa; promote the principles of human rights and democracy in Africa;

 

 

9. facilitate cooperation among Regional Economic Communities and their Parliamentary fora.

1. The Pan- African Parliamentarians shall be elected or designated by the respective National Parliaments or any other deliberative organ of the Member States, from among their members.
2. The Assembly shall determine the beginning of the first term of office of the Pan-African Parliament at its session immediately following the entry into force of this Protocol.
3. The term of a Member of the Pan-African Parliament shall run concurrently with his or her term in the National Parliament concerned.
4. The seat of a Member of the Pan-African Parliament shall become vacant if he or she:

1. dies;
2. resigns in writing to the President;
3. is unable to perform his or her functions for reasons of physical or mental incapacity;
4. is removed on grounds of misconduct;
5. ceases to be a Member of the National Parliament concerned;
6. is recalled by the National Parliament; or
7. ceases to be a Pan-African Parliamentarian in terms of Article 19 of this Protocol.

The Pan-African Parliamentarians shall vote in their personal and independent capacity.

Membership of the Pan-African Parliament shall not be compatible with the exercise of executive or judicial functions in a Member State.

1. The Pan-African Parliamentarians, while exercising their functions, shall enjoy in the territory of each Member State the immunities and privileges extended to representatives of Member States under the General Convention on the Privileges and Immunities of the OAU and the Vienna Convention on Diplomatic Relations.

The Pan-African Parliament shall be vested with legislative powers to be defined by the Assembly. However, during the first term of its existence, the Pan-African Parliament shall exercise advisory and consultative powers only. In this regard, it may:

1. Examine, discuss or express an opinion on any matter, either on its own initiative or at the request of the Assembly or other policy organs and make any recommendations it may deem fit relating to, inter alia, matters pertaining to respect of human rights, the consolidation of democratic institutions and the culture of democracy, as well as the promotion of good governance and the rule of law.
2. Discuss its budget and the budget of the Community and make recommendations thereon prior to its approval by the Assembly.
3. Work towards the harmonization or co-ordination of the laws of Member States.
4. Make recommendations aimed at contributing to the attainment of the objectives of the OAU/AEC and draw attention to the challenges facing the integration process in Africa as well as the strategies for dealing with them.
5. Request officials of the OAU/AEC to attend its sessions, produce documents or assist in the discharge of its duties.
6. Promote the programmes and objectives of the OAU/AEC, in the constituencies of the Member States.
7. Promote the coordination and harmonization of policies, measures, programmes and activities of the Regional Economic Communities and the parliamentary fora of Africa.
8. Adopt its Rules of Procedure, elect its own President and propose to the Council and the Assembly the size and nature of the support staff of the Pan-African Parliament.

1. The Pan-African Parliament shall adopt its own Rules of Procedure on the basis of a two-thirds majority of all its members.
2. The Pan-African Parliament shall elect, at its first sitting following its election, by secret ballot, from among its members and in accordance with its Rules of Procedure, a President and four (4) Vice Presidents representing the Regions of Africa as determined by the OAU. The election shall, in each case, be by simple majority of the members present and voting.
3. The terms of office of the President and the Vice-Presidents shall run with the National Parliament or the deliberative organ which elects or designates them.
4. The Vice-Presidents shall be ranked in the order of first, second, third and fourth initially, in accordance with the result of the vote and subsequently by rotation.
5. The President and the Vice-Presidents shall be the Officers of the Pan-African Parliament. The officers, under the control and direction of the President and subject to such directives as may be issued by the Pan-African Parliament, shall be responsible for the management and administration of the affairs and facilities of the Pan-African Parliament and its organs. In the discharge of their duties, the Officers shall be assisted by the Clerk and the two Deputy Clerks.
6. The Pan-African Parliament shall appoint a Clerk, two Deputy Clerks and such other staff and functionaries as it may deem necessary for the proper discharge of its functions and may by regulations provide for their terms and conditions of office in accordance with the relevant OAU practice as appropriate.
7. The President shall preside over all Parliamentary proceedings except those held in committee and, in his or her absence, the Vice-Presidents shall act in rotation, in accordance with the Rules of Procedure which shall also deal with the powers of the person presiding over Parliamentary proceedings.
8. The Office of the President or Vice-President shall become vacant if he or she:

1. dies;
2. resigns in writing;
3. is unable to perform his or her functions for reasons of physical or mental incapacity;
4. is removed on grounds of misconduct;
5. ceases to be a Member of the National Parliament or the deliberative organ concerned;
6. is recalled by the National Parliament; or
7. ceases to be a Pan-African Parliamentarian in terms of Article 19 of this Protocol.

14. Until the Pan-African Parliament appoints its staff, the General Secretariat of the OAU shall act as its Secretariat.

At its first sitting, after the election and before proceeding with any other matter, the Pan-African Parliamentarians shall take an oath or make a solemn declaration which shall be set out as an Addendum to this Protocol.

1. The inaugural session shall be presided over by the Chairperson of the OAU/AEC until the election of the President of the Pan-African Parliament who shall thereafter preside.
2. The Pan-African Parliament shall meet in ordinary session at least twice a year, within a period to be determined in the Rules of Procedure. Each ordinary session may last up to one month.
3. Two-thirds of the Pan-African Parliamentarians, the Assembly or the Council, through the Chairperson of the OAU, may, by written notification addressed to the President, request an Extraordinary session. The request shall provide a motivation for and details of the matters to be discussed at the proposed Extraordinary session. The President shall convene such a session which shall discuss only the matters stipulated in the request. The session shall end upon exhaustion of the agenda.
4. The proceedings of the Pan-African Parliament shall be open to the public, unless otherwise directed by the Bureau.

The seat of the Pan-African Parliament shall be determined by the Assembly and shall be located in the territory of a State Party to this Protocol. However, the Pan-African Parliament may convene in the territory of any Member State at the invitation of that Member State.

The working languages of the Pan-African Parliament shall be, if possible, African languages, Arabic, English, French and Portuguese.

Parliaments of Regional Economic Communities

The Pan-African Parliament shall work in close co-operation with the Parliaments of the Regional Economic Communities and the National Parliaments of Member States. To this effect, the Pan-African Parliament may, in accordance with its Rules of Procedure, convene annual consultative fora with the Parliaments of the Regional Economic Communities and the National Parliaments to discuss matters of common interest.

The Pan-African Parliamentarians from a Member State which withdraws from the Community shall automatically cease to be Pan-African Parliamentarians.

The Court of Justice shall be seized with all matters of interpretation emanating from this Protocol. Pending its establishment, such matters shall be submitted to the Assembly which shall decide by a two- thirds majority.

This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by a simple majority of the Member States.

1. Any Member State may notify the Secretary General of its intention to accede to this Protocol after its entry into force. The Secretary General shall, upon receipt of such notification, transmit copies thereof to all Member States.

1. Five years after the entry into force of this Protocol, a Conference of the States Parties to this Protocol shall be held to review the operation and effectiveness of this Protocol, with a view to ensuring that the objectives and purposes of this Protocol, as well as the vision underlying the Protocol, are being realised and that the Protocol meets with the evolving needs of the African Continent.
2. At intervals of ten years thereafter, further Review Conferences of States Parties to this Protocol may be convened with the same objective as stated in Paragraph 1 above. Such Conferences may be convened at an interval of less than ten years, if so decided by the Pan-African Parliament.