Malabo Protocol and African parliamentarians’ unresolved crisis

GEOPOLITICS WAS TEARING APART the African continental lawmaking body a few years ago on the premise that the Southern African region wanted to win the leadership position by any means, fair or foul. The bone of contention then was an accusation of skewed leadership towards some regions and against another; that other regions have been leading the parliamentary body since inception 20 years ago to the exclusion of one region in particular. The southern bloc thought it was unfair and inequitable that its representative had not been able to emerge as winner in previous elections. Some frontline parliamentarians had wanted to pull down the roof on all if a Southern Africa’s candidate failed to emerge as winner at the election taking place then. Julius Malema, a South African parliamentarian, particularly threatened to kill one of the parliamentarians from another region if the Southern region’s candidate failed to win. By now, the aggrieved bloc must have sheathed its sword of acrimony. 

More than a year ago, Fortune Charumbira, since June 2022, a senator in Zimbabwe, was elected president of the Pan-African Parliament (PAP). Seemingly aware of the urgent need for harmony within the parliamentary body, Charumbira has promised to focus on peace and unity among African countries. According to him, “when I took over, I decided to rebrand this institution and do away with the colonial way of thinking that divided us along the lines of being either anglophone, francophone or lusophone… We must embrace unity despite the challenges. It is our unavoidable duty.” Very good for soundbite. But much more is expected in reality, especially for a body that has been through turbulent times due to internal crisis, especially one related to leadership tussle. 

Although the Pan-African Parliament is one of the nine African Union (AU) organs with the mandate to promote economic and social integration through making laws, it still remains a consultative and advisory organ. This is because of its current failure to fulfil certain statutory conditions. Steps toward fulfilling such conditions began at Malabo, Equatorial Guinea, on June 27, 2014, during the AU Assembly of Heads of State and Government Summit where the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP) was adopted. From then, it was to be called THE MALABO PROTOCOL.

But, after 10 years now  — in 2024 — the progress has been so slow and the desired purpose is yet to be achieved as it requires a minimum of 28 countries to ratify it before it comes into force, whereas the Central African Republic (CAR) became the fifteenth AU Member State to ratify the Protocol a year ago on July 19, 2023. Other countries that have shown seriousness about empowering the continental parliament are Benin, Cameroon, Chad, Equatorial Guinea, Gambia, Ghana, Madagascar, Mali, Morocco, Niger, Sahrawi Arab Democratic Republic (SADR), Sierra Leone, Somalia, and Togo.

With 13 more to go, PAP thus, still remains a body with its mandate extending to but probably not beyond recommendations, consultation, as well as playing an advisory and oversight role for all AU organs pending the ratification of its protocol. The ratification by the CAR — though still indicative of slowly inching towards the goal  — could be regarded as a major boost for the renewal aspirations of the Continental Parliament, taking it one step closer to full legislative powers. Upon full ratification by 28 countries, the Malabo Protocol is expected to extend the powers of the Pan-African Parliament into a fully-fledged legislative organ of the AU. This will give the Pan African Parliament full legislative authority to make laws for the continent. 

More and more members of the AU are expected to ratify the Malabo Protocol in the near future as Africa has set for itself a lofty goal encapsulated in its AU Agenda 2063. One of the major areas of relevance of PAP will be the facilitation of a speedy ratification of the African Continental Free Trade Agreement (AfCFTA). The desperately needed Protocol on the Free Movement of Persons and Goods will also be easily passed under the Agenda 2063 as soon as PAP assumes full legislative powers. Malabo Protocol could be regarded as a key to every consequential Pan-African initiative that requires a parliamentary imprint. These would encompass the continental common market and custom union, open skies, common security and common currency.

Under the AU system, the Agenda 2063 will likely remain frozen except and until the Pan-African Parliament is fully equipped for its legislative functions. Of the 55 member states making up Africa, the membership of PAP is altogether 275 MPs — five per each AU member state — who are elected or designated by their national parliaments, pushing the agenda, policies and objectives of the AU on matters pertaining to human rights, culture of democracy, promotion of good governance and the rule of law.

Established in March 2004, and situated in Midrand, South Africa, the PAP aims to evolve into an institution with full legislative powers and members elected through universal adult suffrage. Until it is fully functional, the AU will continue to struggle against an array of operational headwinds and constraints. For instance, African countries’ continued dependence on foreign aid will continue to hurt the continent in many strategic and structural areas of economy and politics. Hardly can any country or continent support Africa without expecting a reciprocal benefit back. The presence of a functional parliamentary body is expected to introduce some checks and balances into the conduct of the AU executive on internal and external relations. As Africa is torn between opposing and conflicting external vested interests, executives’ engagements need to be moderated by the parliamentarians. 

A lot is expected from the many treaties heads of states and governments routinely sign. The assistance of a parliamentary body would be needed in some, if not all, for collaboration, partnerships and mutual support. Now that the Western and Eastern countries of the world are pulling strongly in opposite directions and another Cold War could be imminent, the decision of Africa to resist aligning with either is very important, irrespective of whatever incentives they promise. It behoves African countries to come together and present a formidable front, not just as the executive but also the parliamentarians. The various countries’ governments need to be ready and willing to work towards overcoming the constraints to pan-African continental integration by learning to willingly transfer powers to AU organs. For instance, the AU Commission lacks the power to make member states comply with institutional rules.

Now that it appears like frayed nerves have been calmed down and a disenchanted group in the continental parliament has been pacified with the election of one their own as president since June 2022, it is hoped and expected that those in charge of the affairs of the parliamentary body will get busy, observe situations carefully, working harmoniously on how to move Africa forward in a positive direction. With a clear understanding of the objectives and functions of the Parliament, as set out in the Protocol to the Abuja Treaty relating to the Pan-African Parliament and in its Rules of Procedure, Africa’s economic cooperation is expected to improve.

Functions such as facilitating and overseeing the implementation of AU policies, objectives and programmes, promoting human rights and consolidating democratic institutions and culture, good governance, transparency and the rule of law by all AU organs are involved. Others include interface with Regional Economic Communities (RECs) and Member States, participating in creating awareness among the peoples of Africa on the: AU’s objectives, policy aims and programmes; strengthening of continental solidarity, cooperation and development; promotion of peace, security and stability; and pursuit of a common economic recovery strategy. It also has a lot to do in contributing to the harmonisation and coordination of Member States’ legislation, promoting the coordination of the RECs’ policies, measures, programmes and activities, preparing and adopting its budget and Rules of Procedure as well as electing its Bureau members, and making recommendations on the AU.

In all, without the Malabo Protocol coming into force, a lot of these expectations will remain as wishful thinking or mere daydream. African countries that are truly desirous of economic progress on the continental front need to ratify the Malabo Protocol to aid the continental parliament’s takeoff. And they need to do so speedily!

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