Statement by Halifa Sallah on the Grand Debate on the feasibility of founding a Union Government and a United African State

Monday, July 9, 2007
I am compelled by the dictates of conscience and continental interest to convene this Press Conference to clarify issues surrounding the Grand Debate currently taking place in Ghana regarding the founding of a Union Government and State for Africa . This briefing is most significant because of my conviction that media practitioners must have a clear understanding of the origin and essence of a debate before they can give accurate reports on it.

Apparently sufficient sensitisation on the grand debate is lacking. This is why media reports tend to give the impression that Colonel Muammar Qhaddafi of Libya is pioneering the cause of a United States of Africa against the wishes of the other African Heads of State. Some have created a dichotomy by labelling some of the leaders as pioneers of a gradualist approach while Qhaddafi is reported to be among those who are calling for the immediate establishment of the Union.

Clarification

It is important for everyone to realise that African Integration is one of the fundamental objectives of the African Union. The transformation of the OAU into the AU gave birth to many declarations on democracy, political, economic and corporate governance and the introduction of mechanisms to monitor compliance with shared values and principles of state administration, such as the African Peer Review Mechanism.

The key instruments which fully reflect the shared values and goals of the African states are:

a. the Lagos Plan of Action, and the Final Act of Lagos (1980);    

b. the African ( Banjul ) Charter on Human and Peoples’ Rights (1981);

c. the African Charter for Popular Participation in Development (1990);

d. the Declaration on the Political and Socio-Economic Situation in Africa and the Fundamental Changes Taking Place in the World (1990); and

e. the African Charter on the Rights and Welfare of the Child (1990).

f. the Abuja Treaty establishing the African Economic Community (1991);

g. the 1993 Cairo Declaration Establishing the Mechanism for Conflict Prevention, Management and Resolution;

h. the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (1998);

i. the 1999 Grand Bay ( Mauritius ) Declaration and Plan of Action for the Promotion and Protection of Human Rights;

j. the Framework for an OAU Response to Unconstitutional  Changes of Government (adopted at the 2000 OAU Summit in Lome , Togo , and based on the earlier decision of the 1999 Algiers OAU Summit); and

k. the Conference on Security, Stability, Development and Cooperation (CSSDCA) Solemn Declaration (2000); and

l. the Constitutive Act of the African Union (2000)

The African States made the following commitment as a matter of principle:

”We, member states parties to the aforementioned instruments, reaffirm our full and continuing commitment to these and other decisions of our continental organisation.”

I will make sure that copies of these documents are kept in the library of the Peoples’ Centre for the benefit of anyone who wants to study the issue of integration more closely. This will confirm to you that the opinions being expressed that Colonel Qhaddafi is manipulating the rest of the leaders fall far behind the reality.

In short, take it from me that the Grand Debate is not about gradualism or spontaneity in establishing a Union Government. The Grand Debate emanated from the demand for realism.

For your information, the rapid marginalisation of the continent is what compelled the African leaders to establish the AU. Since its establishment a critical mass is emerging which is dissatisfied with the slow progress in implementing Continental Charters, Conventions, Declarations and Resolutions and the paltry steps taken to achieve integration.

The AU Assembly of Heads of State formed a Committee of Seven Heads of State and government, in 2005, to look into the feasibility of founding an African Union Government. The Committee of Seven Heads of State commissioned a study which was tabled at the AU Summit in Banjul in July 2006.

The Report entitled “Study on an African Union Government Towards The United States of Africa” became the document of the Assembly of Heads of State which is relied on to conduct the Grand Debate.

Proposal for the Grand Debate

After the 7th Ordinary session of the African Union held in Banjul , the Heads of States met in Addis Ababa for the 8th Ordinary Session of the Assembly of Heads of State. At the Session the Heads of State agreed to hold the 9th Ordinary Session of the Assembly of Heads of State in Ghana and confine the agenda mainly on the debate on the feasibility of founding an African Union Government and State. Herein lies the genesis of the Grand Debate.

The Addis Ababa Summit also called for consultations to be done at national and regional levels in preparation for the debate.

The Pan African Parliament established a task force to study and make recommendations to parliament on the issue.

I was a member of this task force which submitted its report for a debate. The parliament subjected the report to a debate on the 15th and 16th May 2007 and made its proposal. Civil society groups have also held their own consultations.

This Grand Debate therefore is a continental initiative to find a way forward to unite Africa. It should not be boxed within the old Afro pessimistic paradigm. Africa needs a way forward. Apathy and scepticism is not one of the options. If we disagree with the recommendations of the study we should give alternatives.

The Recommendations and conclusions of the study are as follows:

Chapter Three

Tentative Road Map of the Union Government

115. The proposed Road Map is divided into three phases of equal time frame. The Initial Phase, starting after the decision of the Assembly at its next session of the African Union, will be devoted to establishment of the Union Government (i.e. steps and processes that are necessary for the Union Government to function immediately). The Second Phase will be devoted to making the Union Government fully operational in all its components and to laying the constitutional ground for the United States of Africa. The Third and final Phase will aim at putting into place all required attributes of the United States of Africa at the levels of the states, the regions and the continent.

116. The proposed Road Map also takes into account the principles of gradual incrementalism and multi-layered approach. In this respect, all proposed strategic areas of focus need not be covered at the same time or all items of a given area. Also, during the three phases, actions are required simultaneously at national, regional and continental levels. The actions indicated in each phase represent those that are essential in the process leading to the final objective of the United States of Africa. They do not include regular activities carried out at various levels within and outside the Union.

117. Finally, the time frame of the Road Map would depend on several factors, including first and foremost, the political will and commitment of Union Members. It will also depend on particular circumstances of individual potential members of the Union. In this regard, all segments of the population in Union Members should first understand the importance of the Union Government project, and then participate effectively in its realization. Also, the Union Government should be fully operational in all its components before it is transformed into the United States of Africa.

118. Taking into account these factors, a 3- year period is recommended for each phase, so that the United States of Africa would be formed by the year 2015. Thus, African countries, acting collectively and with solidarity, would endeavour to reach the Millennium Development Goals (MDGs) set in the Millennium Declaration of the General Assembly of the United Nations. The three phases of the Road Map are outlined below.

3.1 Initial Phase: Establishment of the Union Government 2006 - 2009

3.1.1. Continental level

o Selection of strategic areas of focus of the Union Government

o Decision on the mode of finance of the Union Government

o Adoption of the revised functions of the Assembly, the Executive Council, the Specialised Technical Committees, the Commission and the Permanent Representative Committee

o Decisions on the establishment of the Courts of Justice and Human Rights

o Decision on the revised Constitutive Act

o Decision on the launch of the studies on the financial institutions

o Decision on the establishment of the AIB

o Decision on the final status of NEPAD in the Commission

o Decision on the representations of the Union Government in other parts of the world, including in particular in the African Diaspora;

o Consultations and decisions on the Free Movement of Persons, Rights of Establishment and Residence

 3.1.2. Regional Level

o Rationalization and harmonization of the RECs

o Harmonization of RECs’ instruments, institutions, programmes and operations -with the Union Government objectives and Road-Map

o Popularization of the Union Government project in the region

o Development of a monitoring mechanism for the implementation of the Union road-map at regional level

3.1.3 National Level

o Harmonization of Union Members instruments, institutions, programmes and operations with the Union Government objectives and Road Map

o Building national constituencies for the Union Government

o Popularisation of the Union Government Project

o Development of national monitoring mechanisms for the implementation of the Union road-map,

 

3.2. Second Phase: Consolidation of the Union Government 2009-2012

 3.2.1 Continental Level

o Creation of the ACB and AMF

o Restructuring of remaining continental organs

o Initiation of the process of consultation for and preparation of a Draft Constitution of the United States of Africa

3.2.2 Regional Level

o Adoption of measures towards effective free movement of Persons’ Rights of Residence and Establishment

o Consultation on the draft Constitution of the United States of Africa

3.2.3 National Level

o National conventions on the draft Constitution of the United States of Africa

3.3 Third Phase: Establishment of the United States of Africa: 2012 - 2015

 119. The period would be devoted to the adoption by Union Members of the draft Constitution of the United States of Africa. During the period, all continental institutions would be fully operational, including in particular the financial institutions.

120.  Finally, elections at all required levels (continental, regional and national) would take place during this period. The United States of Africa would be officially constituted and recognised as such in the world community of Nations.

Conclusion

121.  This study has shown that, in spite of the difficulties encountered in the process of the search for unity and purpose of action by African countries over the years, the continent is uniquely poised to achieve this objective through the Union Government project. This is so because of the shared values and common interest of African countries, as well as the holistic approach to its development challenges since the LPA and the FAL to the Union Government project, through the Abuja Treaty, the African Union and NEPAD.

122.  The proposed architecture of the Union Government is such that it would enable Africa, through its own organs and institutions, to look for solutions to its development first from within the continent. This would make its participation in international affairs more effective and productive, for the benefit of the world community. It would also strengthen the partnership in which Africa has been entering for the past several years with various world regions

123.  The framework is also flexible as it would enable all potential Union Members to participate in the Union Government soon after its adoption. Indeed, both the principle or incrementalism and the multi-layered approach are such that all potential Union Members could participate in the Union Government at all levels (national, regional and continental). Thus, the need for consensus would not be required since potential members could become active members at any level as and when they are ready. In September 9, 2009, an evaluation of the progress achieved in Africa’s integration process should be conducted.

124.  The ultimate objective is to achieve, through political, economic, social and cultural integration, a strong multi-racial and multi-ethnic United Africa, based on the principles of justice, peace, solidarity, and the judicious exploitation of its human and natural resources. This United Africa would thus be in a position to promote its values and interests, and take advantage of the opportunities of an increasing globalised world. It will represent the concretisation of the vision of the African Union.

I have written a book entitled “Treatise on the Founding of a Federation of African Republics ” which is to be published. I have given the following recommendations as a realistic way forward.

The Establishment of a Federation of African States in Phases

Phase one

The summit should achieve the following task in Ghana in 2007

1. Adoption of the name, nature and form of the Union. I propose that Africa continue what Lumumba and Nkrumah started by giving commitment to build a federation of African states which could be given the distinct name The Federation Of African Republics (FAR) to make it clear that Africa wishes to go beyond the point reached by the European Union to build a Federation of African States.

2. Adoption of a Solemn Declaration by all Heads of States to establish the Federation without hesitation or hindrance within a realistic time frame to be agreed at the Accra Summit.

3. Declaration of commitment by all states to ratify the protocol establishing the African Court of Justice so that it can be put in place in 2007.

4. The commissioning of an internal review exercise of mandates, functions and structures by all the organs or institutions of the AU as well as the elaboration of a strategic plan involving any upgrading in mandates, functions, structures, material and human resources to evolve into an institution of the federation The Regional Economic Groupings should also be part of the review exercise All institutions should be required to submit their reports to The AU Commission for presentation and discussion at the 2009 summit so that a task force can be commissioned by the summit comprising experts on all the organs to draw up a realistic plan of action for forward movement towards the building of the Federation of African Republics.

5. Adoption of a resolution to establish the Central Bureau for Documentation and Statistics with immediate effect to serve as a depository of all the instruments, relevant statistics, policies programmes and projects of the AU and the respective States to facilitate continental planning and implementation of the objectives of the Union

Phase two

I The 2009 Summit should be set aside to review the reports and recommendation of the Various institutions and Organs of the AU and adopt their short term, medium term and long term proposals including their requirements in Human and Material resources. This should be followed by the establishment of a Commission of Jurists to study all the recommendations and make proposals for the amendment of the Constitutive Act and all relevant protocols to bring them into conformity with the requirements of an evolving Federation of African Republics. This should be followed by the consolidation of the three arms of the state, that is, the Executive, the Legislature, the Judiciary and their respective branches or sectors and their operationalisation

Phase Three

The 2010 Summit should be devoted to the adoption of a revised Constitutive Act and supporting instruments which should have all the features of a Republican Constitution to gradually move the Union towards a Federation. Election of Pan African Parliamentarians should take place in 2010 on the basis of Universal suffrage so that they will owe no allegiance to National Parliaments and be fully devoted to the Legislative and other over sight functions of the Union . The consolidation of the African Court of Justice should be complimented with the establishment of the criminal jurisdiction of the African Court On Human and Peoples Rights and the appointment of a Prosecutor General to facilitate trials for war crimes, genocide and crimes against humanity under the Union .

Phase four

I The 2011 Summit should be devoted to the review of progress in institution building and performance as well as the assessment of human and material resource needed to achieve set targets

2.This Summit should give mandate to the Commission of Jurists to engage in consultation on a continental basis to help prepare a draft Constitution for the Federation of African Republics for adoption on the 50 anniversary of the founding of the OAU at its head quarters in Addis Ababa in 2013.

3.The Summit should further establish a Commission of experts on Economic ,Social, Political and cultural matters to prepare a Comprehensive African Economic Recovery and Development Programme for the Federation of African States to be reviewed and adopted on the 50th Anniversary of the founding of the OAU in 1963

Phase five

1 The 2012 summit should be devoted to a review of progress made in the preparation of a draft Constitution and the Report on the Comprehensive African Economic Recovery and Development Programme for the Federation of African Republics. The Pan African Parliament in collaboration with ECOSOC should involve the Regional Economic groupings and their Parliamentary Fora as well as the National Parliaments, Civil Society and the people at large groupings in a continent wide debate regarding the content of the draft Constitution and The Comprehensive African Economic Recovery and Development Programmes for the Continent.

2 The Session should also be devoted to a Review of the progress made by all institutions of the AU in fulfilling their respective mandates and the harmonisation of their activities to further the objectives of the Union.

Phase six

2013 will mark the 50th Anniversary of the founding of the OAU. This Summit should be held in Addis Ababa and should be marked by the adoption of a Federal Constitution and the African Economic Recovery and Development programme for the Continent. This should mark the beginning of the founding of the Federation of African Republics.

Phase Seven

2014 should be a year of sensitisation. The Pan African Parliament and ECOSOC should be provided with enough material and human resources to sensitise the African peoples on the provisions of the draft Constitution and the content of the proposed Comprehensive African Economic Recovery and Development Programme The sensitisation should culminate with the holding of an All African Peoples Conference comprising of representatives of women , youth, human rights, trade unions, media , disabled, political parties and other stake holders on the continent in preparation for a simultaneous referendum in all African States to approve or reject the Constitution of the Federation of African Republics.

The 2014 summit should focus on the reports of the civil society bodies and a declaration should follow adopting a day to hold the referendum in 2015 to decide the faith of the draft Constitution

Finally

Once the referendum leads to the approval of the Constitution the 2015 Summit should proceed to establish a task force to prepare an implementation programme for the operation of the federation for approval by the 2016 Summit . The process of establishing the structures of a Federation of African Republics should take place according to the agreed plan.

 Nkrumah, Lumumba and Cabral call on us to do our own research, write our own history and interpret continental and world events to enhance the clarity, dignity, liberty and prosperity of the African people.

The aim of this Press Conference is to answer to their call from the graves.

 Thank you.

Halifa Sallah
People’s Centre for Social Science Research,
Civic Awareness and Community Initiative



Source: The Point