The Pan-African Parliament (PAP) was established in March 2004, by Article 17 of The Constitutive Act of the African Union (AU), as one of the nine Organs provided for in the Treaty establishing the African Economic Community signed in Abuja, Nigeria, in 1991.
In terms of the Constitutive Act, the establishment of the PAP is informed by a vision to provide a common platform for African peoples and their grass-roots organizations, to allow for greater involvement in discussions and decision-making on the problems and challenges facing the continent as well as ensuring the full participation of African peoples in the development and economic integration of the continent.
Pursuant to Article 11 of the Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (The Protocol), the PAP is vested only with consultative and advisory powers during its first term of operation. However, the PAP is also afforded some oversight responsibilities with regard to its objectives, functions and powers as defined in the Constitutive Act of the African Union, the Protocol and the Pan-African Parliament’s Rules of Procedure.
Indeed, in line with some of the core objectives of the PAP outlined in the Protocol, it becomes evident that, the PAP is empowered to facilitate the effective implementation of the policies and objectives of the Organization of African Unity (OAU)/African Economic Community (AEC) and ultimately, of the African Union (AU). Among other functions and powers, the PAP is vested with the responsibility to: Examine and debate budgets, policies, programmes, and so forth of AU organs; Express an opinion on any matter considered relevant to the mission, functions and roles of the PAP and make recommendations to the Assembly as a contribution to the attainment of the objectives of the AU; Request officials of the OAU/AEC to attend PAP ordinary sessions; request and review all necessary documentation and/or assist in the discharge of duties of said officials; Undertake ex-post budget reviews to monitor the implementation of AU policies and programmes, and to oversee the allocation and use of public resources as well as Monitor and advise on the implementation of Treaties, Protocols, Conventions and Charters.
While at present the PAP’s main function is that of consultation, the Protocol, the key document that mandates this institution allows for the development into a legislative body. Pursuant to Article 2(3) of the Protocol, the ultimate aim of PAP is to evolve into an institution with fully pledged legislative powers. To achieve this aim, the newly elected Bureau of the PAP, which was sworn in as of May 2009, envisions that by 2011, the PAP will transform into a legislative body, with the powers to make, amend and repeal laws. This transformation will be within the framework of the review of the Protocol. However, in the first phase of this conversion, these law making powers would be limited to the following fields: Ratification of treaties and agreements concluded at Continental level; Good governance and Human Rights; Free movement of people, goods and services; Social Affairs; Environment and agriculture and Infrastructure, Transport and Telecommunications.
The member states of the AU are also the member states of the Pan-African Parliament. Currently there are approximately 52 African countries, with the exception of Morocco but with the inclusion of the Saharawi Arab Democratic Republic, a partially recognised state. It is also important to note that at present both Madagascar and Niger’s status as members of the AU and PAP have been jeopardized due to what has been deemed to be unconstitutional election procedures.
The core structure of the PAP is the Bureau, the Secretariat and the 10 Permanent Committees. The Bureau of the Parliament is composed of the President and four Vice-Presidents. The current President of the Parliament is Hon. Dr. Idriss Ndélé Moussa from Chad and the four Vice-Presidents are as follows: First Vice-President Hon. Bethel Amadi; Second Vice-President Hon. Mary Mugyenyi; Third Vice-President Hon. Laroussi Hammi and Fourth Vice-President Hon. Joram Gumbo. The President and the four Vice Presidents each represent the different regions within the continent: North, South, East, West and Central Africa. The Secretariat is composed of the Clerk, two Deputy Clerks and other support staff and functionaries, in accordance with Article 12 (6) of the Protocol. Lastly the 10 Permanent Committees have been created to dealing with different sectors of life in Africa. The 10 Permanent Committees at the PAP are as follows: (1) The Committee on Rural Economy, Agriculture, Natural Resources and Environment; (2) The Committee on Monetary and Financial Affairs; (3) The Committee on Trade, Customs and Immigration Matters; (4) The Committee on Co-operation, International Relations and Conflict; Resolutions; (5) The Committee on Transport, Industry, Communications, Energy, Science and Technology; 6) The Committee on Health, Labour and Social Affairs; (7) The Committee on Education, Culture, Tourism and Human Resources; (8) The Committee on Gender, Family, Youth and People with Disability; (9) The Committee on Justice and Human Rights and (10) The Committee on Rules, Privileges and Discipline.
