Mansour Hadah, Mohamed, “Good Governance in Africa_ Progress Achieved and Challenges Ahead”

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    JULY 2012

    105 IPRIS Viewpoints

    Good Governance in Africa:Progress Achievedand Challenges AheadMOHAMED MANSOUR KADAHDiplomat, Egypt

    Africa is a continent on the margins of world politics. Thisis even more the case today, with world public opinionand policy makers more tuned into developments inthe Middle East and elsewhere. Over the last few years,donors aid to the continent has declined markedly, dueto the international economic crisis. Still, the continentsstruggle to address its developmental challengescontinues tirelessly. Since its establishment in 2002, theAfrican Union (AU) has spearheaded common Africanefforts to this effect. Indeed, the real conundrum inAfrica is not lack of resources, but rather lack of goodgovernance. Africa is rich in natural resources, butcannot exploit them adequately and properly, in spite ofrecent achievements. This is first and foremost due togovernance problems such as weak institutions, absenceof rule of law and rampant corruption. This short essaywill attempt to draw a map of the progress the continenthas so far achieved in its quest for good politicalgovernance, before shedding light on current barriersand challenges ahead.

    Africas Long Road towards Good GovernanceThis year, 2012, is the year of shared values in Africa,as foreseen by the AU summit in January 2011 in AddisAbaba. Notably, the strategic plan of the AU Commissionfor the years 2009-2012 has a separate program on

    shared values. According to AU official documents,shared values include human rights, democracy, goodgovernance, rule of law, cultural values and endogenousknowledge. The AU seeks to promote these values atnational, regional and continental levels, as means tofurther integration and unity. The emphasis on sharedvalues in 2012 symbolizes Africas long road towardsgood governance and the strategic priority it consecratesto political reform.Today, there is a large governance infrastructure inthe continent, covering political, strategic, legal andinstitutional aspects. In the political field, Africa oftenshows an unwavering commitment to good governance.This is clearly reflected in the volume of relevantAU summit and ministerial decisions, spontaneousstatements on developments in member states, fact-finding missions, mediation efforts and meetings,workshops and training courses. In this regard, thereis usually coordination, division of labor and burdensharing between the AU and African regional economiccommunities (RECs). The AU and RECs usually also

    coordinate efforts with international partners, includingthe United Nations and its Security Council. In essence,Africa believes that a failed election could be a lot moreexpensive than a successful one and that there cannotbe sustainable development without peace and security,

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    which in turn require good governance. At the sametime, it believes that peace and security are causally andeffectively related to good governance.A particularly revealing development is electionobservation and monitoring. This has become anoutstanding area of excellence in the AU. An annual list ispublished on the Internet website of the AU Commissionwith observationmissions to be deployedthrough the year, whichusually generates mediaexcitement. In general,AU observation missionsare welcomed throughout

    the continent, includingin countries knownfor rejecting foreignobservers. Drawing onyears of experience, AUobservation reports havebecome internationallyrecognized as reliable. Aspecial unit, Democracyand Electoral AssistanceUnit, is entrusted withthis task inside the AU

    Commission. It works intandem with internationalpartners, includingoutstanding cooperationwith the European Union(EU), with the latterproviding funding to aspecial AU fund throughits Democracy Facilityestablished in 2006.The special unit hasdeveloped guidelines forelection observation andmonitoring missions.It provides training atregional and nationallevels, in cooperationwith such partners asthe International Institute of Democracy and ElectoralAssistance (IDEA). There are also efforts underway toestablish a database of election management bodies(EMBs) in the continent, publish a reference book onthese EMBs, develop an electoral early warning and riskmanagement mechanism and organize post-electionaudit workshops on a sub-regional basis.1

    To further advance the cause of good governance, the AUadopted the Human Rights Strategy for Africa (HRSA) in

    1 AU Commissioner for Political Affairs, Opening Statement of the 2 nd AU

    Continental Election Management Bodies Meeting (Lusaka, 11 June 2012).

    April 2011. Though poorly drafted, the strategy providesa comprehensive approach for the enhancement andprotection of democracy, good governance and humanrights in the continent. In addition, it attempts to harnessand coordinate all efforts in these areas. It also gave birthto the African Governance Architecture (AGA), as a political,legal and institutional framework of governance in the

    continent. The executivearm of the AGA, the AfricanGovernance Platform (AGP),is a network of relevantstakeholders, includingthe AU Commission, thePan-African Parliament,

    the AU Economic, Socialand Cultural Council,other AU organs, RECs,member states, NGOs anddevelopment partners, witha central hub at the AUCommission. The AGP isentrusted with the task ofmonitoring, evaluation andreporting to AU policy organson the implementation ofthe HRSA. The HRSA also

    includes an action plan forthe years 2012-2016, andthere are efforts underwayto break this plan downto annual implementationroadmaps by the AUCommission and RECs.The legal framework ofgood governance is largelyin place and it is in somerespects a much-covetedone. In particular, the AUConstitutive Act is theonly binding internationalinstrument that authorizesintervention in memberstates in cases of warcrimes, genocide and

    crimes against humanity. Otherwise, there is the AfricanCharter on Human and Peoples Rights, in force since1986. This is a rich instrument in what relates to therights of peoples and groups and their duties towardsthe society. It mandated the establishment of the AfricanCommission on Human and Peoples Rights (ACHPR),seated in Banjul, Gambia, which reports to the AU

    Assembly of Heads of State and Government (hereinafterthe Assembly). The ACHPR receives communicationsfrom states, NGOs and individuals, which makes it aunique international mechanism. If a complaint by anNGO or an individual satisfies the criteria of admissibility,

    A particularly revealingdevelopment is electionobservation and monitoring.

    This has become anoutstanding area of excellencein the AU. An annual list ispublished on the Internetwebsite of the AU Commissionwith observation missionsto be deployed through theyear, which usually generates

    media excitement. In general,AU observation missionsare welcomed throughoutthe continent, including incountries known for rejectingforeign observers. Drawingon years of experience, AU

    observation reports havebecome internationallyrecognized as reliable.

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    the ACHPR immediately brings it to the knowledge of thestate party concerned. And if it finds that a complaintreveals a pattern of massive violations of human andpeoples rights, it draws the attention of the AU Assemblyto the case, which may enjoin a detailed investigation.With the exception of its annual report of activities,ACHPRs reports are confidential and can only be madepublic by decision of the Assembly, which is rarely thecase. And, on their way up to the Assembly, there couldbe political compromises on some reports. Nonetheless,these reports still make a significant tool of pressure onmember states.There is also the Charter on Democracy, Elections andGovernance, adopted in 2007 and in force since February

    2012. This instrument basically targets unconstitutionalchanges of regimes. Given their record vulnerabilityto coups dtat, Africans developed this instrumentto address their root causes. It is an ambitiouslegal instrument, with strong commitments to goodgovernance in its political, economic, social and culturaldimensions. In particular, the charter refers to totalrejection of unconstitutional changes of governmentand sets the floor for the AU Peace and Security Councilto impose sanctions in such cases, including suspendingconcerned member states and referring perpetratorsto an envisaged AU Court of Justice. In addition, the

    AU Assembly could impose sanctions on any otherinvolved member state. The charter also requests the AUCommission to develop benchmarks of implementationand a mechanism of evaluation of compliance by statesparty. Moreover, it obliges members to submit biennialreports on implementation and to welcome AU monitoringof national elections.There are several other important legal instruments in thisarea. Notably, there is the AU Convention on Preventingand Combating Corruption, adopted in 2003 and in forcesince 2006. This convention led to the establishment ofthe so-called AU Advisory Board on Corruption (AUABC)to coordinate anti-corruption efforts. In addition, thereis the African Charter on Values and Principles of PublicService Administration, adopted in January 2011 and yetto enter in force. There is also a remarkable conventioninherited from the predecessor Organization of AfricanUnity on the elimination of mercenarism, adopted in1977 and in force since 1999. The above instrumentsform integral parts of a vast legal infrastructure ongood governance, including instruments on universalhuman rights, rights of children, women, youth, refugeesand internally displaced persons. Notably, the 2010 AUConvention on the Protection and Assistance of InternallyDisplaced Persons is the only such legally binding

    instrument of its kind in the world today.On the institutional front, in addition to the above-mentioned ACHPR, AGP and AUABC, there are twoother noteworthy components: the New Partnershipfor Africas Development (NEPAD), with its African Peer

    Review Mechanism (APRM), and the African Court onHuman and Peoples Rights (AfCHPR). Establishedin 2003, the APRM is yet another unique feature inAfrican politics. It peer reviews member states in theareas of democracy and political governance, economicgovernance, corporate governance and socio-economicdevelopment. Submission to reviews is voluntary andinvolves no conditionality. As of January 2011, therewere 30 member states, 14 of them already reviewed.Along the lines of the NEPAD, the governing structure ofthe APRM includes summit-level meetings, in the APRForum, which highlights the importance African headsof state attach to good governance. As for the AfCHPR,it satisfies an important judicial necessity in the area of

    human rights. Established in 2006 and currently seatedin Arusha, Tanzania, the court has jurisdiction over casessubmitted by the ACHPR and states party to the courtsfounding protocol. It also hears complaints from NGOsand citizens of states party that have made declarationsaccepting its jurisdiction. A merger is envisaged betweenthis court and a future African Court of Justice (ACJ),according to a protocol yet to enter in force. If and whenthis merger occurs, the resulting court will also serve asan administrative court for the staff of AU organs.Clearly, the above analysis reflects a strong political willand a developing infrastructure of good governance in

    Africa. This infrastructure is indeed making a tangibledifference in the continent, especially in the sub-Saharanregion. This is partially why sub-Saharan Africa has sofar shown immunity to the so-called Arab Spring. Acase in point is the last presidential elections in Senegalin February 2012. These elections were touted as aharbinger of democratic relapse and chaos in Senegal.Shortly before the elections, the then-incumbentPresident Abdoulaye Wade managed a constitutionalruling awarding him the opportunity to run for a thirdterm despite public protest. It was also thought thatthe elections would be rigged in Wades favor and thathe would not hand over power to his adversary MackySall. But these pessimistic predictions proved false andSenegal turned out as a good case of how public willcan prevail. Furthermore, the elections were widelyrecognized to be orderly, fair and transparent. Theepisode of Senegalese presidential elections is only anindication of a huge leap of good governance in Africa.There are many other examples, including recentelections in Libya, Egypt, Lesotho, Gambia, Gabon, theDemocratic Republic of the Congo and Tunisia. On theeconomic front, improved governance, underpinned bywidespread democratization, is acting as a driving forcebehind better economic growth rates, with many African

    countries showing growth of 5% or more since the year2000.2

    2 Jeffrey Herbst and Greg Mills, Africas Third Liberation (New York Times, 29

    July 2012).

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    EDITOR |Paulo Gorjo

    ASSISTANT EDITORS |Kai Thaler Sean GoforthDESIGN |Atelier Teresa Cardoso Bastos

    Portuguese Institute of International Relations and Security (IPRIS)Rua Vitorino Nemsio, 5 - 1750-306 LisboaPORTUGAL

    http://www.ipris.orgemail:[email protected]

    IPRIS Viewpoints is a publication of IPRIS.The opinions expressed are solely those of the authors and do not necessarily reflect the views of IPRIS.

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    continent, using its Economic and Social Council and aspecial unit in the AU Commission in charge of relationswith the Diaspora. It has also developed a broad networkof partnerships for capacity building and human-resourcedevelopment.The third challenge is more of a set of interrelatedadministrative weaknesses. These include proliferationof official documents on legal, institutional and policyaspects of good governance; excessive meetings atdifferent levels with huge resource outlays; and lack ofinformation and transparency. In addition, as the HRSArightfully notes, continental, regional and national effortsin this domain suffer from inadequate coordinationand collaboration, insufficient implementation and

    enforcement, limited public awareness and meageraccess to remedies. Instead, there should be more focusand clarity in terms of vision, plans and programs. A result-oriented approach is also in the interest of efficiency. Lackof information and transparency could be partially due tolack of means, but information is an extremely importantrequirement to raise awareness, create a sense ofownership and encourage stronger commitment andparticipation from different stakeholders. Information isalso necessary to ensure the best use of resources andquell any corruptive practices. As for coordination amonginstitutional structures at continental and regional levels,

    this is a particularly thorny issue. For instance, Africans

    have been bickering about the integration of the NEPADin AU structures since 2001. And relations betweenthe AU and RECs sometimes involve competition overauthority and resources. Put simply, Africa needs morecohesion and better division of work and burden sharing.

    Conclusion

    Africa has come a long way to good governance. Itsexperience in this field is even exemplary in some cases,especially in view of its widespread underdevelopment.Africa has the right to take pride in its achievements.Yet, it should strive to build on them, address structuralproblems and confront future challenges. In this regard,it is most decisive to win the battle for peace and security,

    as a must for good governance and development. It is alsoimperative that Africa invests more in developing its ownfinancial and human resources in line with the principleof African ownership. In addition, efforts in this field atcontinental, regional and national levels should be bettercoordinated, focused and monitored, with emphasis ondelivering concrete results and ensuring efficiency. Whilethe continent is assuming leadership in addressing thesechallenges, it also needs support from developmentpartners and international organizations, financially,politically and technically. In fact, this support is badlyneeded. However, it should be made more responsive to

    Africas needs.