Formal Integration of NEPAD into the AU Structures and Processes

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					Formal Integration of NEPAD into the AU Structures and Processes

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1. The study on "#$%&' ()*+,$&*-#) #. */+ 0+1 2&$*)+$3/-4 .#$ 5.$-6&73 8+9+'#4%+)* :0;258< -)*# */+ 5.$-6&) =)-#) :5=< >*$?6*?$+3 &)@ 2$#6+33+3 was commissioned by the NEPAD Secretariat in collaboration with the AU Commission. Phase 1 of the study is intended to provide a conceptual framework for the integration of NEPAD into the structures and processes of the AU in which the main programmatic and institutional linkages are highlighted as well as the unique role of NEPAD in furthering Africa’s development. Subsequent to the review of recommendations contained in the present report on the conceptual framework of the integration process, phase 2 of the project will consist of elaboration of proposals for the management of NEPAD, including functional linkages with the AU structures. 2. The present report, which is the output of the first phase of the project, was prepared by consultants after discussions with other consultants already engaged by the NEPAD Secretariat in related assignments such as legal and organizational development IODK issues. Discussions were also held with members of the NEPAD Secretariat and of the AU Commission. Where possible, members of the NEPAD Steering Committee were interviewed during the course of Phase one of the study. 3. The primary objective of the study is to review the relationship between the AU and the NEPAD structures and processes, taking into account the relevant declarations of the OAU/AU Summits and Communiqués of the HSGIC Summits, and propose the conceptual framework of formally integrating NEPAD into/with the AU structures and processes. It is envisaged that this approach should result in recommendations on practical modalities and timing for (i) adequately linking the programmes and processes of AU and NEPAD, especially with respect to the Steering Committee and the NEPAD Secretariat, which are structures established by the HSGIC, and (ii) ensuring that NEPAD would be an effective and efficient socio-economic development programme of the AU. 4. In proposing a conceptual framework for formally integrating NEPAD with the AU structures and processes, the study, inter alia, considers and addresses the following issues: a) key objectives and principles of NEPAD that underpin the integration and the rationale for integration, taking into account some lessons learnt in previous initiatives and in NEPAD during its short period of existence;

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Formal Integration of NEPAD into the AU Structures and Processes b) scope and functions, and institutional arrangements that will sustain and strengthen the implementation of NEPAD, including the relationship with other AU organs and the management and leadership structure; c) modalities for the integration, including the timing and phasing that may be necessary; d) rationalization and coordination of activities of the Steering Committee and the NEPAD Secretariat on the one hand, and the relevant organs of the AU on the other, taking into account the need to provide information on NEPAD activities to all the 53 Member States; e) rationalization of CSSDCA and the APRM, in light of the Solemn Declaration on CSSDCA; and f) working relationship and modalities between NEPAD and the RECs for effective implementation of NEPAD. 5. A progress report of the study, including some preliminary conclusions of Phase1,! was presented to the NEPAD Steering Committee at its 14th meeting in Cape Town on 5th of May 2003. Subsequently, a NEPAD Task Team was constituted to interact with the Commission of the African Union so as to take into account the latter’s views in an expanded Terms of Reference. The expanded Terms of Reference were the basis of this draft report on the Conceptual Framework. The Draft Report was jointly reviewed and commented upon by the NEPAD Task Team and the AU Commission on 23 and 24 June 2003, prior to its submission to the policy organs of NEPAD and the AU. 6. Following the Introduction in Chapter 1, the substantive chapters of the Report commence with Chapter 2 (A/+ B#)6+4* #. ()*+,$&*-#) #. 0;258 -)*# */+ 5.$-6&) =)-#)), which presents the concept of integration, including its various aspects. In doing so, due attention is given to the vision of Africa’s development from both the AU and NEPAD perspectives, as well as to its programmatic implications and the resources requirements. 7. In Chapter 3 (>C)6/$#)-D-), &)@ E&$%#)-D-), 5= &)@ 0;258 2$#,$&%%+3 &)@ 2$#6+33+3), the Study presents and analyses the linkages with respect to programmes and processes of the AU and NEPAD. This is with a view to bringing out areas of convergence and complementarities between the programme framework of the AU as contained in the programmes of the Commission, and the Specialised Technical Committees (STCs) being juxtaposed against those of the Regional Economic Communities and the NEPAD projects and activities. 8. NEPAD Projects and Activities are based on NEPAD framework document Initial Action Plan. They include the socio economic programmes, matters related to peace and security, and the African Peer Review Mechanism. By being consistent with the portfolios and the programme areas of the Commission, STCs and the RECs, the NEPAD Action Plans are thus well positioned to be used to accelerate the implementation of the Abuja Treaty, at continental, regional and national levels.

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Formal Integration of NEPAD into the AU Structures and Processes 9 Chapter 4 (E&$%#)-D-), */+ ()3*-*?*-#)&' 5$$&),+%+)*3 #. 5= &)@ 0;258) reviews the institutional set up of the AU in order to ensure an effective and efficient integration of NEPAD into its structures and processes. Chapter 4 also stresses the importance of highlighting the main lessons from past initiatives for African development. This is used as a prelude to the discussion of the functions and institutional arrangements of NEPAD in the perspective of integrating their joint programmes, processes and institutional arrangements, which is further examined in Chapter 5 (()*+,$&*-), 5= &)@ 0;258 2$#,$&%%+3F 2$#6+33+3 &)@ ()3*-*?*-#)&' 5$$&),+%+)*3). 10. However, in spite of the many areas of convergence, the integration of AU and NEPAD programmes, processes should take into account the fact the former is still at an initial stage of functioning as a new institution with an expanded mandate. On the other hand, while maintaining its specificity in terms of a focused programme managed at the highest level, NEPAD would need to have a more outreach programme. Due attention should therefore be given to the need to avoid duplication, ensure complementarity where required, and bring about maximum synergy. It is essential that issues of rationalization and coordination are adequately dealt with at continental, regional and national levels, taking into account the potential value added of NEPAD, in the main report. 11. In integrating NEPAD into the AU, the scope and functions of the programme takes into account that its structures will not be directly involved in implementation of activities. This will remain the prerogative and responsibility of designated institutions, the African RECs, member states governments, the private sector and civic society organizations, with NEPAD maintaining the role of a facilitator, catalyst and negotiator. 12. Finally, in Chapter 6 (G+6#%%+)@&*-#)3 .#$ */+ ()*+,$&*-#) #. 0;258 -)*# */+ 5=), contains recommendations on practical modalities for implementing the integration process. In this chapter, the Study presents a scenario for the ongoing exercise of setting up the structures and defining the processes of the AU, culminating in their adoption at the Maputo Summit in July 2003. The contention is that this would require an incremental and phased! approach to the Formal integration of NEPAD into the AU’s structures and processes. In addition to the period required for the AU organs, particularly the Commission and the STCs, to be fully operational, such an approach also! derives from the decisions of the first AU Summit in Durban 2002, as well as the Communiqué of the HSGIC at its 5th meeting in which it mandated that, “ at the appropriate time in future, NEPAD should be fully integrated into the AU structure and processes”. 13. The scenario for the integration of NEPAD into the AU is fundamentally informed by the realization that time will be required for the AU to develop mechanisms that will allow it to co-ordinate the RECs. In this regard, it should be noted that a new Protocol on Relations between the AU and the RECs is yet to be prepared to replace the existing one. Moreover, new coordinating mechanisms between the AU and the Development Agencies and including in particular the United Nations System and International Aid Agencies in a partnership paradigm, with a view to getting such

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Formal Integration of NEPAD into the AU Structures and Processes partners to buy into the NEPAD, would also need to be evolved taking into account commitments made in various African and international fora. 14. The time required for the AU structures and processes to be fully operational, and for the AU-RECs and AU-Development-Partners coordinating mechanisms to be effective, would determine the degree of integration of NEPAD’s present functions and processes into the AU, coordination of identified programmes and projects and of Donor relations.!The estimate of this time frame will also serve as a measure to define how long NEPAD Secretariat will require to physically stay outside the AU Commission. 15. Under this scenario, the proposed Co-ordinating Unit for NEPAD,! which is reporting directly to the Chairperson of the Commission, will essentially ensure that the latter’s Programme Framework and NEPAD Action Plans are increasingly synchronized and harmonized. Indeed, the test of the AU’s proposed structures, institutions and processes is whether, at the end of the proposed period, they would fundamentally transform the AU from an! "essentially” political institution to Africa’s economic development blue-print, which is akin to NEPAD – the blue print for Africa’s development, by the proposed period. 16. If NEPAD is to make the difference in terms of depth and sustainability as an economic agenda of the AU, the current NEPAD structures and processes must be given time to consolidate their positions with the AU on an incremental basis. In this way the NEPAD hbranding’ will be better able on an incremental fashion – to systematically inculcate its priorities for collaborative design and implementation by the AU, the RECs, Member States and African and international development institutions. $;<='#>?@AA>=B;C<@=' 17. It is recommended that the second AU Summit be requested to extend NEPAD’s HSGIC transitional’ period by 3 years as of July 2003, or until such time the relevant structures of AU are fully operational, whichever comes first. At the expiry of this period, NEPAD will be formally integrated into the AU’s structures and processes. 18. In the event the above Main Recommendation is approved by the Summit, the implications of this decision will lead to the following extended recommendations which will be necessary, so as to put in place a sustainable process and institutional environment for NEPAD to operate efficiently within the framework of the AU in the interim period:! +DC>=B>B'#>?@AA>=B;C<@=E' A/+ E>H(B 19. In order to maintain the interest and momentum already created by NEPAD and its popular and credible brand name, it is critical that the AU retains the leadership of the HSGIC as the sub-committee of the Assembly, which will meet at least three times a year and establish connections with other members of the Assembly, as well as wield tangible Zimconsult iv June 2003

Formal Integration of NEPAD into the AU Structures and Processes influence on the spirit of NEPAD at the level of Africa’s bilateral and multilateral! Development partners, the RECs and African Development Institutions. It would however be critical that the HSGIC remain at the level of Heads of State and Government as was initially intended. A/+ >*++$-), B#%%-**++ 20. In order to enhance the effectiveness of the Steering Committee in the interim period it will be necessary, for the latter, to have a formally constituted bureau consisting of the Chairperson and Vice Chairperson. This will facilitate the improvement of the corporate governance of the NEPAD Secretariat during the interim period. It would also be desirable to establish appropriate formal linkages with the relevant organs of the AU so that they are kept abreast of the decisions, programmes and activities of the Steering Committee. Such linkages could consist of the attendance of the Chairperson of PRC to the meetings of the Steering Committee. It could also consist in providing on a regular basis the Executive Council with information on the implementation of the NEPAD programme framework and Initial Action Plan, particularly as they relate to AU’s programme elements. A/+ 0;258 >+6$+*&$-&*: 21. For the Secretariat to be effective in its operations, it will be necessary that it be accorded a legal status through a hosting agreement with the host country. The HSGIC should therefore request the Assembly to authorize the Chairperson of the AU Commission to sign a temporary hosting agreement with the Government of South Africa that will give NEPAD Secretariat legal status for a period of three (3) years, or until such a time that the integration arrangements into AU structures and processes are finalized, whichever comes first. During the interim period, NEPAD becomes formally constituted as an AU office operating outside of the AU headquarters. The process of formalizing the relations between NEPAD Secretariat and the Commission would be worked out immediately after the start of the interim period. 22. There should be an immediate and effective alignment of conditions of services, rules of recruitment and accountability procedures with those of the AU Commission, mainly in order to have a level playing field between NEPAD and the Commission, and also in order to facilitate exchange of staff on a regular basis. However, it would be advisable to continue the system of voluntary contributions by members of the HSGIC, in order to enable the Secretariat to continue carrying out ongoing activities, until such time the AU budget would accommodate the Secretariat. 23. In the event of difficulties experienced in raising funding through voluntary contributions by Member States, the AU Commission should immediately take on the financing of NEPAD Secretariat’s core staff, leaving the NEPAD Secretariat with the financing of project staff which will continue to be funded through extra-budgetary resources, even after the full integration of the Secretariat into Commission. This proposition could be effected one year after the 2nd Summit in Maputo.

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Formal Integration of NEPAD into the AU Structures and Processes

24. The work programme of NEPAD should be developed in conjunction with all the portfolios and programmes of the AU and those of the RECs, as part of the preparation for the full integration of NEPAD Secretariat into the structures and processes of the AU. In doing so account should be taken of issues raised in Chapter 3 with respect to programmatic linkages between AU and NEPAD. 8&)-+' 0@'+'& &)@ I&J/& >&$$ K?)+ 200N

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