March 18 was an historic day for early childhood development (ECD) financing—the Departments of Social Development and Health of the Western Cape province of South Africa committed 25 million rand ($1.62 million) in outcome funding for three social impact bonds (SIBs) for maternal and early childhood outcomes. This is the first ever funding committed by a middle-income government for a SIB—to date no low-income country governments have participated in a SIB either—making South Africa’s choice to pioneer this new path especially exciting.

A SIB is a financing mechanism for social outcomes where investors provide upfront capital for services and a government agency repays investors contingent on outcome achievement. There are currently two active development impact bonds or DIBs (where a donor provides outcome funding rather than a government agency) in middle-income countries, one for coffee production in Peru and one for girls’ education in India. The South African SIBs, whose implementation was facilitated by the Bertha Centre for Social Innovation and Entrepreneurship at the University of Cape Town and Social Finance U.K. as well as other organizations, will be the first impact bonds in Africa.

We have been following closely the development of these SIBs over the last two years through our research on the potential applications of impact bonds for ECD outcomes, and recently hosted a discussion on the topic at Brookings. There are currently nine other impact bonds worldwide that include outcomes for children ages 0 to 5, including two recently announced impact bonds in the U.S. for nurse home-visiting in South Carolina and support for families struggling with substance abuse in Connecticut.

Impact bonds are well suited to fund interventions that have high potential returns to society; that require learning, adaptability, and combinations of services to achieve those returns; and that are not core government-funded services (often resulting in a relative proliferation of non-state providers). In our recent report, we find that a majority of evaluations show ECD can have unparalleled returns, but there are also a number of evaluations that show no significant impact or where impact fades out. Overall however, there are few evaluations relative to the number of service providers and interventions, an indication of how little we know about the effectiveness of the majority of service providers. For example, there are only 15 studies examining the effects of ECD interventions in low- and middle-income countries on later-life socioemotional development, which has been shown to be a critical determinant of success in school and life.

The case for government investment is strong, but continuous learning and adaptation is needed to ensure the high potential impacts are achieved. Tying payments to outcomes could help the ECD sector in three ways: it could encourage new government investment in ECD, it could encourage performance management and adaptability, and, crucially, it could help develop the knowledge base of what works in ECD. Unlike some other sectors where providers are able to finance their own operations to participate in a results-based (performance-based) contract through fees or other cash flows, ECD providers will almost always require upfront capital in order to reach the most vulnerable. Consequently, we find that, despite some significant challenges, ECD interventions are particularly well suited to impact bonds.

For this reason, there are three things we find particularly exciting about these new SIBs for early childhood development in South Africa:

1. Collaboration of two departments to ensure a continuity of outcome measurement and, hopefully, achievement. Given their different mandates, the Department of Health will fund outcomes for pregnant mothers and children in their first 1,000 days and the Department of Social Development will fund outcomes for children ages 2 to 5. The Bertha Centre writes that “the funding will be made available to three community based organizations working with pregnant women and children up to five years of age with outcomes including improved antenatal care, prevention of mother to child transmission of HIV, exclusive breastfeeding, a reduction in growth stunting, and improved cognitive, language and motor development.” 

The continuity of quality services is essential to sustaining the impacts of early childhood services, and this is the first set of impact bonds to address outcomes across the development spectrum from age 0 to 5. Selecting outcomes however, particularly for more complex learning outcomes for children ages 3 to 5, can be one of the greatest challenges for impact bonds in the ECD sector.

A full list of recommended outcome metrics for ECD impact bonds is available in our report.

2. Outcome fund structure. The SIBs in South Africa have been designed as impact bond funds, where the outcome funder issues a rate card of prices it is willing to pay for certain outcomes and multiple service providers are awarded contracts to provide those outcomes. This structure, which has been implemented in four instances in the U.K., could help facilitate impact bonds at greater scale than what we have seen thus far.

At the Brookings event on impact bonds, Louise Savell of Social Finance U.K., explained that scale was critical in the South African case because there are few providers that work across the entire province. While the discussion around pricing outcomes in the U.K. was more focused on future value to the economy, the discussion in South Africa had to be more attuned to the price of providing services. These delivery prices differ greatly by township, which may result in different outcome payment prices by township. The impact bond designers also had to ensure the outcome price allowed for providers to serve the hardest to reach.

3. Matching of private-sector outcome funds. This is the first impact bond to date where private-sector actors will augment outcome funds, in addition to serving as investors. Impact bonds take a great deal of work for a government agency to establish—though it will likely drop over time—and additional or matching of outcome funds will be critical to making this effort worthwhile for low- and middle-income country governments.

Looking forward, it will be interesting to compare and contrast the structure and design of these SIBs with the impact bonds for ECD outcomes in Cameroon, India, and potentially other countries as they launch in the coming years. Each impact bond must be designed taking into consideration the particular issues and challenges in a given context. However, sharing learnings from one impact bond to the next will likely improve both efficiency and quality of the impact bond implementation. 

       

Volunteer, civil society and governmental delegates from 22 nations gathered in Johannesburg this month for the Southern Africa Conference on Volunteer Action for Development. The conference was co-convened by United Nations Volunteers (UNV) and Volunteer and Service Enquiry Southern Africa (VOSESA), in observance of the 10th anniversary of the United Nations International Year of Volunteers (IYV).

Naheed Haque, deputy executive coordinator for United Nations Volunteers, gave tribute to the late Nobel Laureate Wangari Mathai and her Greenbelt tree planting campaign as the “quintessential volunteer movement.” Haque called for a “new development paradigm that puts voluntarism at the center of community-centered sustainable development.” In this paradigm, human happiness and service to others would be key considerations, in addition to economic indicators and development outcomes including health and climate change.  

The international gathering developed strategies to advance three key priorities for the 15 nations in the Southern Africa Development Community (SADC): combating HIV/ AIDS; engaging the social and economic participation of youth; and promoting regional integration and peace. Research data prepared by Civicus provided information on the rise of voluntary service in Africa, as conferees assessed strategies to advance “five pillars” of effective volunteerism: engaging youth, community involvement, international volunteers, corporate leadership and higher education in service.

VOSESA executive director, Helene Perold, noted that despite centuries of migration across the region, the vision for contemporary regional cooperation between southern African countries has largely been in the minds of heads of states with “little currency at the grassroots level.” Furthermore, it has been driven by the imperative of economic integration with a specific focus on trade. Slow progress has now produced critiques within the region that the strategy for integrating southern African countries cannot succeed on the basis of economic cooperation alone. Perold indicated that collective efforts by a wide range of civic, academic, and governmental actors at the Johannesburg conference could inject the importance of social participation within and between countries as a critical component in fostering regional integration and achieving development outcomes. 

This premise of voluntary action’s unique contribution to regional integration was underscored by Emiliana Tembo, director of Gender and Social Affairs for the Common Market of Eastern and Southern Africa (COMESA). Along with measures promoting free movement of labor and capital to step up trade investment, Tembo stressed the importance of “our interconnectedness as people,” citing Bishop Desmond Tutu’s maxim toward the virtues of “Ubuntu – a person who is open and available to others.”

The 19 nation COMESA block is advancing an African free-trade zone movement from the Cape of South Africa, to Cairo Egypt. The “tripartite” regional groupings of SADC, COMESA and the East Africa Community are at the forefront of this pan-African movement expanding trade and development.

Preliminary research shared at the conference by VOSESA researcher Jacob Mwathi Mati noted the effects of cross border youth volunteer exchange programs in southern and eastern Africa. The research indicates positive outcomes including knowledge, learning and “friendship across borders,” engendered by youth exchange service programs in South Africa, Mozambique, Tanzania and Kenya that were sponsored Canada World Youth and South Africa Trust.   

On the final day of the Johannesburg conference, South Africa service initiatives were assessed in field visits by conferees including loveLife, South Africa’s largest HIV prevention campaign. loveLife utilizes youth volunteer service corps reaching up to 500,000 at risk youths in monthly leadership and peer education programs. “Youth service in South Africa is a channel for the energy of youth, (building) social capital and enabling public innovation,” Programme Director Scott Burnett stated. “Over the years our (service) participants have used their small stipends to climb the social ladder through education and micro-enterprise development.”

Nelly Corbel, senior program coordinator of the John D. Gerhart Center for Philanthropy and Civic Engagement at the American University in Cairo, noted that the Egyptian Arab Spring was “the only movement that cleaned-up after the revolution." On February 11^th, the day after the resignation of former Egyptian President Hosni Mubarak, thousands of Egyptian activists  removed debris from Tahrir Square and engaged in a host of other volunteer clean-up and painting projects. In Corbel's words: “Our entire country is like a big flag now,” from the massive display of national voluntarism in clean-up projects, emblematic of the proliferation of youth social innovation aimed at rebuilding a viable civil society.

At the concluding call-to-action session, Johannesburg conferees unanimously adopted a resolution, which was nominated by participating youth leaders from southern Africa states. The declaration, “Creating an Enabling Environment for Volunteer Action in the Region” notes that “volunteering is universal, inclusive and embraces free will, solidarity, dignity and trust… [creating] a powerful basis for unity, common humanity, peace and development.”  The resolution, contains a number of action-oriented recommendations advancing voluntarism as a “powerful means for transformational change and societal development.” Policy recommendations will be advanced by South African nations and other stakeholders at the forthcoming Rio + 20 deliberations and at a special session of the United Nations General Assembly on December 5, the 10^th anniversary of the International Year of the Volunteer.

      

INTRODUCTION

In December 2011, the United Nations State of the World’s Volunteering Report was released at the U.N. headquarters in New York along with a General Assembly resolution championing the role of volunteer action in peacebuilding and development. The United Nations Volunteers (UNV) Program report states that:

The contribution of volunteerism to development is particularly striking in the context of sustainable livelihoods and value-based notions of wellbeing. Contrary to common perceptions, the income poor are as likely to volunteer as those who are not poor. In doing so, they realize their assets, which include knowledge, skills and social networks, for the benefit of themselves, their families and their communities…Moreover, volunteering can reduce the social exclusion that is often the result of poverty, marginalization and other forms of inequality…There is mounting evidence that volunteer engagement promotes the civic values and social cohesion which mitigate violent conflict at all stages and that it even fosters reconciliation in post-conflict situations...

The “South Africa Conference on Volunteer Action for Development” convened in Johannesburg in October 2011, and the July 2012 “Africa Conference on Volunteer Action for Peace and Development” co-hosted with the Kenya’s Ministry of East African Community, the United Nations and partners in Nairobi give further evidence to the rise of and potential for volunteer service to impact development and conflict. Indeed, in the aftermath of the 2011 Arab Spring, youth volunteer service and empowerment have emerged as a pivotal idea in deliberations aimed at fostering greater regional cohesion and development.

In “Foresight Africa: Top Priorities for the Continent in 2012,” Mwangi S. Kimenyi and Stephen N. Karingi note that: “One of the most important pillars in determining whether the positive prospects for Africa will be realized is success in regional integration… This year is a crucial one for Africa’s regional integration project and actions by governments, regional organizations and the international community will be critical in determining the course of the continent’s development for many years to come.”

The authors note the expected completion of a tripartite regional free trade agreement by 2014 and the expected boost to intra-African trade, resulting in an expanded market of 26 African countries (representing more than half of the region’s economic output and population). At the same time, the declaration from the “South Africa Conference on Volunteer Action for Development” calls on “Governments of Southern African member states and other stakeholders to incorporate volunteering in their deliberations from Rio +20 and to recognize the transformational power as well as economic and social value of volunteering in achieving national development goals and regional priorities, which can be achieved by facilitating the creation of an enabling environment for volunteering to support, protect and empower volunteers.” This speaks directly to the urgent need to factor the social dimension into the regional integration agenda in the different African subregions.

This paper includes examples of the growth of volunteer service as a form of social capital that enhances cohesion and integration across three regions: southern, western, and eastern Africa. It further highlights civil society best practices and policy recommendations for increased volunteering in efforts to ensure positive peace, health, youth skills, assets and employment outcomes.

The importance of volunteering to development has been noted in recent United Nations consultations on the Rio+20 convening on sustainable development and the post-2015 development framework. As the U.N. reviews its Millennium Development Goals (MDG) process, Africa’s regional service initiatives offer vital lessons and strategies to further achieve the MDGs by December 2015, and to chart the way forward on the post-2015 development framework.

But how does volunteerism and civic service play out in sub-Saharan Africa? What are its institutional and non-institutional expressions? What are the benefits or impacts of volunteerism and civic service in society? Our specific purpose here is to provide evidence of the different manifestations and models of service, impact areas and range of issues in three African regions. In responding to these questions, this analysis incorporates data and observations from southern, western and eastern Africa.

In conclusion, we provide further collective insights and recommendations for the roles of the Africa Union and regional economic communities (RECs), youth, the international community, the private sector and civil society aimed at ensuring that volunteerism delivers on its promise and potential for impact on regional integration, youth development and peace.

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INTRODUCTION

Over the past decade, the focused attention of African nations, the United States, U.N. agencies and other multilateral partners has brought significant progress toward achievement of the Millennium Development Goals (MDGs) in health and malaria control and elimination. The potential contribution of these strategies to long-term peace-building objectives and overall regional prosperity is of paramount significance in sub-regions such as the Horn of Africa and Western Africa that are facing the challenges of malaria and other health crises compounded by identity-based conflicts.

National campaigns to address health Millennium Development Goals through cross-ethnic campaigns tackling basic hygiene and malaria have proven effective in reducing child infant mortality while also contributing to comprehensive efforts to overcome health disparities and achieve higher levels of societal well-being.

There is also growing if nascent research to suggest that health and other humanitarian interventions can result in additional benefits to both recipients and donors alike.

The social, economic and political fault lines of conflicts, according to a new study, are most pronounced in Africa within nations (as opposed to international conflicts). Addressing issues of disparate resource allocations in areas such as health could be a primary factor in mitigating such intra-national conflicts. However, to date there has been insufficient research on and policy attention to the potential for wedding proven life-saving health solutions such as malaria intervention to conflict mitigation or other non-health benefits.

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As the world pays its tributes to the critically ailing former South African President Nelson Mandela, youth across Africa are stepping up their own tributes to Madiba in the form of civic service on Mandela Day. The United Nations and the African Union have called on citizens across Africa and the world to volunteer 67 minutes— representing the 67 years of Mandela’s public service—to community projects on his birthday, July 18.

The Africa Peace Service Corps (APSC) has launched volunteering projects in Nairobi, Kenya; Cape Town and rural Limpopo, South Africa; Lusaka, Zambia; Abuja, Nigeria; villages in Uganda and other countries.  Four hundred youths and 35 partners assembled last July at the United Nations conference in Nairobi to launch the Pan-African service project, spurring civic action in health, climate change, youth entrepreneurship and positive peace. 

A 2012 Brookings report, “Volunteering and Civic Service in Three African Regions,” released at the Nairobi conference and co-authored by three African scholars notes the benefits of volunteering (“Ubuntu”) in South, West and East Africa in addressing youth livelihoods, health and peace-building.  The report further documents policy recommendations and strategies linking youth service and entrepreneurship in addressing the daunting task of youth unemployment across the region.  Dr. Manu Chandaria  (Comcraft CEO and Global Peace Foundation Africa chairman) and Les Baillie (chairman of Kenya mobile phone giant Safaricom Foundation, which created Africa’s M-Pesa mobile banking microfinance success) have assembled corporate leaders to back APSC youth social enterprises in tree planting and waste management to generate green jobs and reach Kenya’s goal of ten percent tree coverage.

Nelson Mandela’s life of struggle and triumph, in particular his time and insights during his time unjustly incarcerated on Robben Island, provides a rich textbook for these young social entrepreneurs.  During my recent Harris Wofford Global Service Fellowship with the University of Cape Town Development Policy Research Unit (DPRU) and Cross Cultural Solutions, while teaching an entrepreneurship class in the townships I was able to see the teeming spirit of youth enterprise first-hand alive in the poorest communities.  A South African national assets demonstration has been launched this year to tap the power of service and entrepreneurship in generating savings among township youths from these deliberations with the Nelson Mandela Children’s Fund, Ford Foundation, University of Johannesburg Center for Social Development and Washington University Center for Social Development and Brookings’ Africa Growth Initiative partner DPRU, among others.

Along with addressing Mandela’s dream of ending poverty, a recent Brookings report, “Impacts of Malaria Interventions and their Potential Additional Humanitarian Benefits in Sub-Saharan Africa,” outlines the potential significant peace-building effects of service in sub-Saharan Africa by highlighting the joint efforts of the Muslim Sultan and Catholic Cardinal of Nigeria in tackling malaria along with those of the Africa Malaria Leaders Alliance with PEPFAR support.  The contributions of volunteering to both peace and development outcomes are further underscored in the draft of a United Nations post-2015 “sustainable development goals” report.

Amidst inevitable political debates over the Mandela legacy, his generous spirit and legacy of reconciliation rises high above Cape Town’s Table Mountain and across the Pan-African youth landscape.  The challenge of applying his vision and spiritual values in addressing poverty through emerging demonstrations of youth service, assets and entrepreneurship will test the commitment of Africa’s next generation of young freedom pioneers, guided by this humble giant’s profound legacy now spanning the globe.

       

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Student enrollment and expenditures per student have been on the rise in sub-Saharan Africa over the past decade. Yet, financing gaps still exist for achieving universal quality education throughout the region, especially in countries with strong demographic pressures. Many African countries are facing a dilemma of how best to balance scarce resources and the growing demands to improve education quality for their children and youth.

On April 27, the Center for Universal Education and the Africa Growth Initiative at Brookings hosted a discussion of the state of education financing in sub-Saharan Africa. Albert Motivans of UNESCO’s Institute for Statistics presented the main findings of a new report "Financing Education in sub-Saharan Africa," which focuses on the new challenges related to expanding access, equity and quality education. Shantayanan Devarajan of the World Bank and Brookings Senior Fellow Jacques van der Gaag provided commentary, and Senior Fellow Mwangi Kimenyi, director of the Africa Growth Initiative, moderated the discussion.

After the discussion, the panelists took audience questions.

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Barack Obama’s presidency has witnessed widespread change throughout Africa. His four trips there, spanning seven countries, reflect his belief in the continent’s potential and importance. African countries face many challenges that span issues of trade, investment, and development, as well as security and stability. With President Obama’s second term coming to an end, it is important to begin to reflect on his legacy and how his administration has helped frame the future of Africa.

On July 19, the Center for 21st Century Security and Intelligence at Brookings hosted a discussion on Africa policy. Matthew Carotenuto, professor at St. Lawrence University and author of “Obama and Kenya: Contested Histories and the Politics of Belonging” (Ohio University Press, 2016) discussed his research in the region. He was joined by Sarah Margon, the Washington director of Human Rights Watch. Brookings Senior Fellow Michael O'Hanlon partook in and moderated the discussion.

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In recent years, relations between the International Criminal Court (ICC) and the African Union have been crumbling. Relations between the two were once solid with strong support from AU member countries.  The ICC has had support from African countries because of the court’s ability to prevent Rwandan genocide-type atrocities and ease power differentials between small and large African nations in international trial situations. 

Brookings nonresident scholar, John Mukum Mbaku, discusses the rising tensions between the ICC and African countries in his contribution to Foresight Africa, a collection of short briefs on the top challenges and opportunities for Africa in 2014.

Read the related paper »

According to John Mbaku, some African countries see the ICC as quite problematic because of the perceived bias that the court brings mostly African criminal cases to trial.  Other countries feel their sovereignty is threatened by the court.  The African Union has gone so far as to ask member countries not to comply or cooperate with the ICC and has attempted (unsuccessfully) to withdraw from The Hague.  A major trigger for these the recent issues with the ICC and African countries was the election of Uhuru Kenyatta as president of Kenya. Kenyatta was indicted by the ICC for crimes against humanity and for allegedly inciting ethnic violence following the highly disputed 2007 elections in Kenya.  

John argues that repairing the ties between African countries and the ICC will be difficult, but might be possible through reforms to the ICC process and commitment to stronger judicial systems in African nations.

Read Foresight Africa 2014, which details the top priorities for Africa in the coming year, to learn more about the prospects for strengthening  international justice in Africa, and other critical issues for the region.

      

For many years, Africans have complained that the International Criminal Court (ICC) has concentrated its efforts exclusively in Africa, a process that has made a mockery of the court’s claims to bring about an end to global impunity. Some Africans have even argued that the ICC’s claims that it is helping bring about justice in Africa are not unlike those made by proponents of the colonial order established by the Berlin Conference in 1884-1885.

On Tuesday, March 11, I participated in a panel discussion entitled, “The International Criminal Court in Africa: Bias, Legitimate Objections, or Excuses for Impunity?” co-hosted by New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs and the International Center for Transitional Justice (ICTJ).  The program brought together experts interested in justice and peaceful coexistence in Africa to examine the role that the International Criminal Court (ICC) can play in minimizing impunity in the continent.

I was joined by Ambassador Tiina Intelmann, president of the Assembly of States Parties of the International Criminal Court; Richard Dicker, director of the International Justice Program at Human Rights Watch; and Jennifer Trahan, clinical associate professor at the New York University’s School of Continuing and Professional Studies (SCPS), Center for Global Affairs.  David Tolbert, president of the International Center for Transitional Justice, moderated the discussion.

The most important conclusions from what was a robust dialogue were that (i) it is very important that African countries develop the legal and institutional capacity to deal effectively and fully with impunity and other extra-legal activities that impede human development and peaceful coexistence; (ii) the international community should help African countries develop that capacity; (iii) the ICC should make a concerted effort to open dialogue with the African Union in particular and Africans generally in order for the court to gain a better insight into African problems, while, at the same time, help Africans understand and appreciate the nature of the ICC’s work, how it functions, and why it is a critical international body in the fight against impunity; and (iv) the ICC needs to improve openness and transparency in its activities. To make the ICC a truly international court, important countries such as the United States, India, the People’s Republic of China and the Russian Federation need to be brought aboard. Obviously, more dialogue is needed and it is my hope that soon, we will be able to undertake a discussion of this type somewhere in Africa.

During my presentation, I argued that an important part of improving relations between Africa and the ICC is that Africans must take ownership of their problems and find ways to resolve them themselves. For one thing, justice is most effectively delivered locally. Hence, the first line of business is for each African country to develop the legal and institutional capacity to deal with impunity and other governance problems. External actors, notably the ICC, should only be considered conflict-resolution instruments of last resort.

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The 26th Ordinary Session of the African Union (AU) Executive Council has just concluded in Addis Ababa, Ethiopia, under the theme, “2016: African Year of Human Rights with a particular focus on the Rights of Women.” Addressing the delegates, who included some of the continent’s most important political leaders and a collection of distinguished foreign dignitaries, the chair of the AU Commission, Dr. Nkosazana Dlamini Zuma, reminded delegates of the organization’s vision as embodied in Agenda 2063. This pledge, a blueprint for the social, political, and economic transformation of the continent, emphasizes a bottom-up, inclusive, participatory, and people-driven approach to development. As envisioned by the agenda’s architects, Africa’s diverse peoples should spearhead the continent’s transformation and direct its development. Dr. Zuma also made note of 2016’s theme, which is the protection of human rights, with particular emphasis on the rights of women.

Since it became operational, the AU has faced many challenges, some of them linked to problems that have plagued the continent for many decades (e.g., chronic poverty; political instability and violent mobilization by various subcultures; corruption and other forms of impunity) and others (e.g., terrorism and violent extremism) that have come to the fore since the turn of the century. At the recent Addis Ababa meeting, the AU leadership spoke specifically of “Agenda 2063: The Africa We Want,” which is heralded as a new development strategy that will enhance the ability of Africans to use their resource endowments fully and effectively for their own development. Although this 50-year initiative has many objectives, the overall aim is to encourage Africans to own their problems, take control of their resolution, and build, by themselves, a prosperous continent “based on inclusive growth and sustainable development.” [1] The AU’s 26th Ordinary Session gives us a chance to reflect on the continental organization’s recent performance and examine how much further it needs to go.

The challenges that the AU faces can be classed into two categories—those that require immediate attention and those whose resolutions can be undertaken through a long-term process. Although cooperation of the international community is critical for the effective resolution of many of the problems and challenges that Africa currently faces, it is important to reiterate the fact that full and effective resolution lies with the African countries themselves. The AU must not be timid but rather act boldly and aggressively, especially in situations of gross violations of human rights and where people are being massacred and others pushed into forced exile (e.g., Burundi, Darfur, Somalia) and provide the leadership needed to prevent genocide and minimize further deterioration in political and economic conditions in many communities throughout the continent.

Issues requiring urgent and immediate attention from the AU and other continental actors

Coordinating the fight against terrorism and violent extremism: Terrorism and rising violent extremism are major obstacles to peace efforts, national integration, nation building, and the effective management of diversity throughout the continent. From the destruction of economic infrastructures and the massacre of university students in Kenya by al-Shabab; the slaughter of villagers and the kidnapping of school girls in northeastern Nigeria by Boko Haram; the indiscriminate killing of people at hotels in Mali and Burkina Faso; and the downing of an airliner in Egypt, terrorism and violent extremism continue to constrain the ability of Africans to live together peacefully and create the wealth that they need to fight poverty and improve their living conditions. These affiliated and unaffiliated extremist groups—which also include the Lord’s Resistance Army, al-Qaida in the Islamic Maghreb, the Islamic State, and others—are just a few of the entities that threaten to derail Africa’s transition to good governance and inclusive development, respect for human rights, and peaceful coexistence.

Fighting terrorism in the continent requires a coordinated effort at both the regional and national levels. The AU, through the Algiers Convention of 1999, has created a comprehensive counterterrorism strategy for the continent. Unfortunately, the atrocities listed above show that the AU’s counterterrorism framework does not seem to be working and is not being implemented timely and effectively at the level of individual countries. In fact, in addition to the years-long delay of the Algiers Protocol coming into force, less than a third of the African countries have ratified the convention. In addition, only a few African countries have enacted national legislation and restructured their legal and judicial systems to deal with terrorism. The AU must take bold steps to make sure that the necessary steps are taken at the national level to implement policies that significantly enhance the fighting of terrorism at the continental level (e.g., processes for information sharing and consultation; harmonization of immigration policies, etc.). Of course, the AU must also make certain that national leaders do not use anti-terrorism laws to oppress and exploit innocent citizens.

It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization.

Analysts argue, however, that fighting terrorism effectively is a long-term effort. It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization. African countries must fully address those issues (e.g., extreme poverty; severe inequality in access to opportunities for self-actualization, as well as in the distribution of income and wealth; and religious and ethnic persecution) that enhance radicalization and render joining extremist groups an attractive option for many of the continent’s youth.

Pressing South Sudanese leaders for peace: South Sudan gained independence on July 9, 2011 and was immediately faced with a multiplicity of problems. In addition to the fact that the new government lacked the capacity to deliver necessary public goods and services to all citizens, as well as the fact that the country faced significantly high levels of venality in the public sector, it was not able to manage diversity effectively. By the summer of 2013, the country had plunged into a major political crisis, which eventually deteriorated into civil war as President Salva Kiir fought forces loyal to his former vice president, Riek Machar, to remain the country’s chief executive. The struggle soon took on ethnic dimensions since Kiir gets significant support from the Dinkas, and Machar gets support from ethnic Nuer. Both parties signed a peace agreement in 2015 but have failed to meet a January 22, 2016 to form a Transitional Government of National Unity. It is important that South Sudan’s leaders place the interests and welfare of the people above their own and form an inclusive government, which can create the conditions necessary for effective state reconstruction. The AU should hold the country’s leaders accountable for meeting the commitments that they made in the peace agreement. Significant pressure must be put on these leaders by the international community, including especially the Intergovernmental Authority on Development (IGAD), to act responsibly and form an inclusive government that would move the country forward in a peaceful and productive manner. 

Ending the crisis in Burundi: President Pierre Nkurunziza’s decision to defy the constitution and seek a third term in office unleashed violent and destructive mobilizations that have killed more than 400 people and created a major humanitarian crisis in the region. The United Nations says that since April 2015, as many as 240,000 people have fled the country into exile. Are we about to see a repeat of the past—that is, the manipulation of ethnicity by political demagogues that eventually produced a brutal civil war that killed as many as 300,000 people? Some analysts believe that without a quick stop to what the locals simply call “La Crise,” the country is on the verge of being visited by the ghosts of its violent past. The AU, which had planned to send 5,000 peacekeepers to secure the peace and help restore stability, has abandoned that initiative in view of fierce opposition from Nkurunziza. Even a visit from the U.N. Security Council was not enough to convince Nkurunziza to either allow the AU force to enter Burundi or for the government to engage in dialogue with opposition parties without preconditions.

After their recent visit to Burundi, members of the U.N. Security Council “stressed the urgency of addressing the situation” in the country “before it deteriorates further and possibly takes on ethnic dimensions, despite the position of the government of Burundi that the situation is not of such concern.” But can the AU deploy peacekeepers without Burundi’s approval? Article 4(h) of the Constitutive Act of the African Union grants the AU the right to intervene in any member country “pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity.” However, a top diplomat at the AU has been quoted as saying that unilateral deployment would be an “unimaginable” act. In addition, it is ironic that at the same time the AU was opting not to act forcefully to secure the peace in Burundi and avert what could be another genocide, the incoming chairman of the AU (President Deby of Chad) was declaring that “[t]hrough diplomacy or by force...we must put an end to these tragedies of our time. We cannot make progress and talk of development if part of our body is sick. We should be the main actors in the search for solution to Africa’s crises.”

The AU and the Libyan crisis: The events of the Arab Spring represented a new modality of regime change that the AU had never before encountered. When military forces of the National Transitional Council (NTC) captured Tripoli on August 22, 2011 and drove away then Libyan President Muammar Qaddafi’s forces, members of the NATO-led military alliance that had been providing “aerial bombardment support to the NTC” immediately proceeded to pressure the African Union to recognize the NTC as the only legitimate government of Libya. Nevertheless, when the democratic uprising morphed into a de facto civil war, the AU’s response was a roadmap, which was informed by the organization’s long-established approach to dealing with intra-state conflicts, which called for a ceasefire and negotiations for an inclusive interim government.

The NTC, however, rejected the roadmap, arguing that it did not make allowance for Qaddafi’s immediate departure. The position taken by the NTC was significantly enhanced by the support that it was receiving from the NATO countries, the Arab League, the United Nations, and several African countries.

Although it denounced what it believed was an illegal regime change in Libya orchestrated by NATO powers supposedly to protect Libyan civilians, the AU went ahead, although reluctantly, and recognized the NTC as Libya’s legitimate government and granted the NTC the right to represent the country in the AU.

Some analysts have examined the AU’s failed efforts to mediate the peace in Libya’s political crisis and have argued that "the most important reason for this failure was the decision by France, the United Kingdom, and the United States to “undermine and sideline the AU.” Other reasons for the failure of the AU’s roadmap are said to include the inability of the AU to garner coherent support among African countries for its position on Libya and the fact that the AU never really gained the confidence of either the Qaddafi regime or the NTC.

Although Qaddafi’s regime was recognized as both oppressive and repressive towards the country’s citizens, the AU did not approve the decision by the NTC to transform a democratic uprising into a civil war. The AU became even more adamant about its non-violent approach to the Libyan crisis after the NATO countries effectively became agents of forceful regime change in Libya. However, some observers have argued that the AU’s emphasis on the fact that the regime change was unconstitutional must be weighed against the fact that the Qaddafi regime was not only unconcerned about democratic governance but promoted basic laws that were designed to perpetuate and entrench Qaddafi’s hold on power.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance.

It has been argued that the recognition of the NTC by the AU was inconsistent with the organization’s legal positions [2] regarding the illegal/unconstitutional changes of regime on the continent. But, what can be learned from the AU’s handling of the Libyan crisis? While the AU is quite clear about its opposition to unconstitutional regime changes on the continent, it is important for the organization to put in place clear and specific mechanisms to deal with popular uprisings such as those that occurred in North Africa, including Libya.

As much as resolving armed conflicts is important, the AU needs to actively engage in other transformative activities on the continent, including especially, those activities that fundamentally transform the critical domains (i.e., the political, administrative, and judicial foundations of the state) and provide institutional arrangements that foster inclusive economic growth, peaceful coexistence of each country’s various subcultures, and enhance participatory and inclusive governance. Perhaps, had the AU developed such a specific mechanism for dealing with popular uprisings, it would have been able to more effectively confront the present uprising in Burundi.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and  violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance. African countries must not and should not continue to rely on intervention by external actors (e.g., the EU, the U.N., the ICC, and the United States) to help them resolve domestic problems.

Long-term challenges

Support good governance: While it is quite clear that countries such as Somalia, the Central African Republic, and South Sudan are in urgent need of institutional reforms to guarantee the rule of law, enhance the protection of human rights, and advance inclusive economic growth, it is important to note that even countries that appear peaceful are still suffering from governance systems that are pervaded by corruption, rent seeking, the lack of government accountability, and impunity. One long-term goal for the African Union should be to galvanize grassroots support throughout the continent for institutional reforms to produce (1) constitutions that cannot be easily manipulated by political elites (as occurred in Burundi and Burkina Faso) to prolong their stay in power; and (2) governing processes that are undergirded by some form of separation of powers, with checks and balances—at the minimum, judicial independence must be safeguarded and the legislative branch granted enough independence so that it can effectively check on what have been, in many African countries during the last several decades, imperial presidencies with virtually no check on the exercise of government power.

Create institutions for improving the livelihood of the average citizen: Institutional arrangements that provide citizens with the wherewithal to resolve conflicts peacefully, organize their private lives and engage in those activities (e.g., start and operate a business for profit; practice their chosen religion; get married and raise a family—that is, engage freely in self-actualizing activities) that enhance their ability to maximize their values and protect themselves from abuse by state- and non-state actors, as well as participate fully and effectively in governance, including being able to hold their governors accountable for their actions.

Strengthen the African Court of Justice and Human Rights: The court needs the authority to actually serve as an effective legal instrument for the protection of human rights in all countries in the continent, including dealing with crimes that are currently being referred to the International Criminal Court in The Hague.

Facilitate economic integration: Currently, many African countries have economies that are relatively small and not very viable and hence, are not capable of engaging in production processes that can effectively utilize and benefit from technological economies of scale. Integration can significantly increase the size of these economies and enhance their ability to produce goods that are competitive globally in both price and quality. In fact, integration at the regional level, especially if supported by the AU, for example, can help small countries more effectively construct and maintain infrastructures such as roads and bridges, universities and research centers, and other projects that require large initial investments but are characterized by significant scale economies.

Transform the AU from observer to actor: During the last several years, as the continent has been devastated and ravaged by terrorist attacks, the AU has remained essentially an observer. When it comes to the fight against terrorism, the AU should make the plight of the victims of these insidious crimes—not state claims of sovereignty and independence—the main basis for its decisions. The AU, of course, must work with national governments and regional organizations (e.g., ECOWAS in West Africa) but must not allow these local groups to constrain its ability to intervene when doing so would save lives or prevent situations that could deteriorate into mass pogroms. Thus, the AU should act purposefully and forcefully to develop an effective anti-terrorism framework that can deal effectively with terrorism and help member states target and address those issues that enhance extremism. The current one just doesn’t cut it.

Address poverty and inequality: Extreme poverty and unequal access to opportunities for self-actualization remain serious challenges for virtually all African countries. Already, in its Agenda 2063, the AU has promised to address these issues and enhance what it calls “inclusive economic growth and sustainable development.” [3] These issues, of course, are interrelated and tied to many of the recommendations listed above. For example, without peace, it is not likely that any African country will be able to engage in the types of entrepreneurial activities that enhance inclusive growth and development. Hence, it is important for the AU to promote the rule of law and thus create the enabling environment for the emergence of the entrepreneurial communities that offer all citizens the opportunities for self-actualization.

Respond effectively to pandemics: As evidenced by the response to the Ebola pandemic that devastated Liberia, Guinea, and Sierra Leone beginning in March 2014, few African countries have health care systems that can effectively and fully respond to pandemics. In addition, there is no continent-wide framework that can timely deal with such health threats and effectively prevent them from becoming pandemics. The AU must take the lead in helping develop a continent-wide response framework to future health threats.

Ensure the equitable allocation of and access to water: The continuing struggle between Egypt and Sudan, on the one hand, and Ethiopia and the other upstream riparian states, on the other hand, over access to the waters of the Nile River, has reminded us of the need for African countries to develop effective legal frameworks for the equitable allocation of existing water resources. With increased demand for water for household use and for irrigated farming—due to rapid population increases, urbanization, and the effects of global warming—it has become evident that African countries must develop and adopt effective legal frameworks to govern the allocation of water resources, as well as deal with other water-related issues such as ecosystem degradation, conservation, and water treatment and reclamation. The AU can provide the mechanisms for regional discourses on water management and enhance the ability of member countries to develop and adopt effective systems to manage international watercourses.

The way forward for the AU

The African Union is in a position to provide the leadership for Africa to develop into a much more effective competitor in the global economy and a full participant in global governance. To do so, the AU must move aggressively to deal with some pressing issues in order to secure peace and security in several countries and avert descend into anarchy and genocide. In the long-run, the AU should help its member countries develop and adopt institutional arrangements and governing processes that guarantee the rule of law, enhance the protection of human rights (including especially those of women and other vulnerable groups), and promote inclusive growth and development. The timid and extremely cautious approach that the AU is taking with respect to the crisis in Burundi is almost tantamount to a dereliction of duties. The AU leadership must not allow claims of sovereignty and independence made by the governments of member states to inform, and perhaps, cloud its decisions. Emphasis should be placed on the plight of the people who are being exploited, displaced and forced into homelessness and/or exile, maimed, and killed by the violence in these countries.

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[1]Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

[2] The AU’s guiding principles can be found in the Lomé Declaration on Unconstitutional Changes in Government and the Constitutive Act of African Union, which prohibit unconstitutional changes in government. For example, Art. 30 of the Constitutive Act of the African Union states as follows: “Governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union.” Also, Art. 4 states that “[t]he Union shall function in accordance with the following principles: “(p) condemnation and rejection of unconstitutional changes of government.” See Constitutive Act of the African Union, available at http://www.au.int/en/sites/default/files/ConstitutiveAct_EN.pdf (last visited on February 6, 2016).

[3] Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

       

The African Union (AU) will hold its 27th Heads of State Assembly in Kigali from July 17-18, 2016, as part of its ongoing annual meetings, during which time it will elect individuals to lead the AU Commission for the next four years. Given the fierce battle for the chairperson position in 2012; and  as the AU has increasingly been called upon to assume more responsibility for various issues that affect the continent—from the Ebola pandemic that ravaged West Africa in 2013-14 to civil wars in several countries, including Libya, Central African Republic, and South Sudan, both the AU Commission and its leadership have become very important and extremely prestigious actors. The upcoming elections are not symbolic: They are about choosing trusted and competent leaders to guide the continent in good times and bad.

Structure of the African Union

The African Union (AU) [1] came into being on July 9, 2002 and was established to replace the Organization of African Unity (OAU). The AU’s highest decisionmaking body is the Assembly of the African Union, which consists of all the heads of state and government of the member states of the AU. The chairperson of the assembly is the ceremonial head of the AU and is elected by the Assembly of Heads of State to serve a one-year term. This assembly is currently chaired by President Idriss Déby of Chad.

The AU’s secretariat is called the African Union Commission [2] and is based in Addis Ababa. The chairperson of the AU Commission is the chief executive officer, the AU’s legal representative, and the accounting officer of the commission. The chairperson is directly responsible to the AU’s Executive Council. The current chairperson of the AU Commission is Dr. Nkosazana Dlamini Zuma of South Africa and is assisted by a deputy chairperson, who currently is Erastus Mwencha of Kenya.

The likely nominees for chairperson

Dr. Zuma has decided not to seek a second term in office and, hence, this position is open for contest. The position of deputy chairperson will also become vacant, since Mwencha is not eligible to serve in the new commission.

Notably, the position of chairperson of the AU Commission does not only bring prestige and continental recognition to the person that is elected to serve but also to the country and region from which that person hails. Already, the Southern African Development Community (SADC), Dr. Zuma’s region, is arguing that it is entitled to another term since she has decided not to stand for a second. Other regions, such as eastern and central Africa, have already identified their nominees. It is also rumored that some regions have already initiated diplomatic efforts to gather votes for their preferred candidates.

In April 2016, SADC chose Botswana’s minister of foreign affairs, Dr. Pelonomi Venson-Moitoi, as its preferred candidate. Nevertheless, experts believe that even if South Africa flexes its muscles to support Venson-Moitoi’s candidacy (which it is most likely to do), it is not likely to succeed this time because Botswana has not always supported the AU on critical issues, such as the International Criminal Court, and hence, does not have the goodwill necessary to garner the support for its candidate among the various heads of state.

Venson-Moitoi is expected to face two other candidates—Dr. Specioza Naigaga Wandira Kazibwe of Uganda (representing east Africa) and Agapito Mba Mokuy of Equatorial Guinea (representing central Africa). Although Mokuy is relatively unknown, his candidacy could be buoyed by the argument that a Spanish-speaking national has never held the chairperson position, as well as the fact that, despite its relatively small size, Equatorial Guinea—and its president, Teodoro Obiang Nguema—has given significant assistance to the AU over the years. Obiang Nguema’s many financial and in-kind contributions to the AU could endear his country and its candidate to the other members of the AU.

In fact, during his long tenure as president of Equatorial Guinea, Obiang Nguema has shown significant interest in the AU, has attended all assemblies, and has made major contributions to the organization. In addition to the fact that Equatorial Guinea hosted AU summits in 2011 and 2014, Obiang Nguema served as AU chairperson in 2011. Thus, a Mokuy candidacy for the chairperson of the AU Commission could find favor among those who believe it would give voice to small and often marginalized countries, as well as members of the continent’s Spanish-speaking community. Finally, the opinion held by South Africa, one of the continent’s most important and influential countries, on several issues (from the political situation in Burundi to the International Criminal Court and its relations with Africa) appears closer to that of Equatorial Guinea’s than Botswana’s.

Of course, both Venson-Moitoi and Kazibwe are seasoned civil servants with international and administrative experience and have the potential to function as an effective chairperson. However, the need to give voice within the AU to the continent’s historically marginalized regions could push Mokuy’s candidacy to the top.

Nevertheless, supporters of a Mokuy candidacy may be worried that accusations of corruption and repression labeled on Equatorial Guinea by the international community could negatively affect how their candidate is perceived by voters.

Also important to voters is their relationship with former colonial powers. In fact, during the last election, one argument that helped defeat then-Chairperson Jean Ping was that both he and his (Gabonese) government were too pro-France. This issue may not be a factor in the 2016 elections, though: Equatorial Guinea, Uganda, and Botswana are not considered to be extremely close to their former colonizers.

Finally, gender and regional representation should be important considerations for the voters who will be called upon to choose a chairperson for the AU Commission. Both Venson-Moitoi and Kazibwe are women, and the election of either of them would continue to support diversity within African leadership. Then again, Mr. Mokuy’s election would enhance regional and small-state representation.

The fight to be commissioner of peace and security

Also open for contest are the portfolios of Peace and Security, Political Affairs, Infrastructure and Energy, Rural Economy and Agriculture, Human Resources, and Science and Technology. Many countries are vying for these positions on the commission in an effort to ensure that their status within the AU is not marginalized. For example, Nigeria and Algeria, both of which are major regional leaders, are competing to capture the position of commissioner of Peace and Security. Algeria is keen to keep this position: It has held this post over the last decade, and, if it loses this position, it would not have any representation on the next commission—significantly diminishing the country’s influence in the AU.

Nigeria’s decision to contest the position of commissioner of Peace and Security is based on the decision by the administration of President Muhammadu Buhari to give up the leadership of Political Affairs. Historically, Nigeria has been unwilling to compete openly against regional powers for leadership positions in the continent’s peace and security area. Buhari’s decision to contest the portfolio of Peace and Security is very risky, since a loss to Algeria and the other contesting countries will leave Nigeria without a position on the commission and would be quite humiliating to the president and his administration.

Struggling to maintain a regional, gender, and background balance

Since the AU came into being in 2002, there has been an unwritten rule that regional powers (e.g., Algeria, Kenya, Nigeria, South Africa) should not lead or occupy key positions in the AU’s major institutions. Thus, when Dr. Zuma was elected in 2012, South Africa was severely criticized, especially by some smaller African countries, for breaking that rule. The hope, especially of the non-regional leaders, is that the 2016 election will represent a return to the status quo ante since most of the candidates for the chairperson position hail from small- and medium-sized countries.

While professional skills and international experience are critical for an individual to serve on the commission, the AU is quite concerned about the geographical distribution of leadership positions, as well as the representation of women on the commission, as noted above. In fact, the commission’s statutes mandate that each region present two candidates (one female and the other male) for every portfolio. Article 6(3) of the commission’s statutes states that “[a]t least one Commissioner from each region shall be a woman.” Unfortunately, women currently make up only a very small proportion of those contesting positions in the next commission. Thus, participants must keep in mind the need to create a commission that reflects the continent’s diversity, especially in terms of gender and geography.

Individuals that have served in government and/or worked for an international organization dominate leadership positions in the commission. Unfortunately, individuals representing civil society organizations are poorly represented on the nominee lists; unsurprisingly, given the fact that the selection process is controlled by civil servants from states and regional organizations. Although this approach to the staffing of the commission guarantees the selection of skilled and experienced administrators, it could burden the commission with the types of bureaucratic problems that are common throughout the civil services of the African countries, notably, rigidity, tunnel vision, and the inability, or unwillingness to undertake bold and progressive initiatives.

No matter who wins, the African Union faces an uphill battle

The AU currently faces many challenges, some of which require urgent and immediate action and others, which can only be resolved through long-term planning. For example, the fight against terrorism and violent extremism, and securing the peace in South Sudan, Burundi, Libya, and other states and regions consumed by violent ethno-cultural conflict require urgent and immediate action from the AU. Issues requiring long-term planning by the AU include helping African countries improve their governance systems, strengthening the African Court of Justice and Human Rights, facilitating economic integration, effectively addressing issues of extreme poverty and inequality in the distribution of income and wealth, responding effectively and fully to pandemics, and working towards the equitable allocation of water, especially in urban areas.

Finally, there is the AU’s dependence on foreign aid for its financing. When Dr. Dlamini Zuma took over as chairperson of the AU Commission in 2012, she was quite surprised by the extent to which the AU depends on budget subventions from international donors and feared that such dependence could interfere with the organization’s operations. The AU budget for 2016 is $416,867,326, of which $169,833,340 (40 percent) is assessed on Member States and $247,033,986 (59 percent) is to be secured from international partners.  The main foreign donors are the United States, Canada, China, and the European Union.

Within Africa, South Africa, Angola, Nigeria, and Algeria are the best paying rich countries. Other relatively rich countries, Egypt, Libya, Sudan, and Cameroon, are struggling to pay. Libya’s civil war and its inability to form a permanent government is interfering with its ability to meet its financial obligations, even to its citizens. Nevertheless, it is hoped that South Africa, Nigeria, Angola, Egypt, and Libya, the continent’s richest countries, are expected to eventually meet as much as 60% of the AU’s budget and help reduce the organization’s continued dependence on international donors. While these major continental and international donors are not expected to have significant influence on the elections for leadership positions on the AU Commission, they are likely to remain a determining factor on the types of programs that the AU can undertake.

Dealing fully and effectively with the multifarious issues that plague the continent requires AU Commission leadership that is not only well-educated and skilled, but that has the foresight to help the continent develop into an effective competitor in the global market and a full participant in international affairs. In addition to helping the continent secure the peace and provide the enabling environment for economic growth and the creation of wealth, this crop of leaders should provide the continent with the leadership necessary to help states develop and adopt institutional arrangements and governing systems that guarantee the rule of law, promote the protection of human rights, and advance inclusive economic growth and development.

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[1] The AU consists of all the countries on the continent and in the United Nations, except the Kingdom of Morocco, which left the AU after the latter recognized the Sahrawi Arab Democratic Republic (Western Sahara). Morocco claims that the Western Sahara is part of its territory.

[2] The AU Commission is made up of a number of commissioners who deal with various policy areas, including peace and security, political affairs, infrastructure and energy, social affairs, trade and industry, rural economy and agriculture, human resources, science and technology, and economic affairs. According to Article 3 of its Statutes, the Commission is empowered to “represent the Union and defend its interests under the guidance of and as mandated by the Assembly and Executive Council.”

       

During the 27th Heads of State Assembly of the African Union (AU) meeting in Kigali, Rwanda, from July 17-18, 2016, the heads of state were supposed to elect individuals to lead the AU for the next four years. One of the most important functions that the delegates were expected to perform was to elect the chairperson of the AU Commission to replace the present chairperson, South Africa’s Dr. Nkosazana Dlamini Zuma, who had indicated that she would not seek re-election.

Three candidates were standing for the position of chairperson of the AU Commission. These were Dr. Pelonomi Venson-Moitoi, foreign minister of Botswana, Dr. Specioza Waigaga Wandira Kazibwe, former vice president of Uganda, and Mr. Agapito Mba Mokuy, foreign minister of Equatorial Guinea. There was great expectation that the election of any one of these three candidates would significantly advance gender and regional balance, with respect to key leadership positions in continental institutions. Hence, the election of either one of the two female candidates would have been welcomed by supporters of gender balance. However, if the delegates had opted for Mr. Mokuy, such a choice would have been welcomed by the Spanish-speaking community, as well as the continent’s smaller and historically marginalized states. Given the fact that the outgoing chairperson of the AU Commission, Dr. Zuma, is a woman, the hope within the central African community was that Mr. Mokuy would emerge victorious and represent the region, as well as serve as a sign of hope for the heretofore marginalized regions.

No clear winner among the three candidates leads to stalemate

Reports from Kigali are that the election for the chairperson has been postponed until January 2017. It is reported that the AU took that decision based on the fact that none of the three candidates had secured the two-thirds majority of votes needed to win. During the election’s first round, Dr. Venson-Moitoi received 16 votes, Mr. Mokuy received 12 votes, and Dr. Kazibwe received 11 votes. 

Those who abstained from voting claimed that the candidates were not qualified to lead the commission.

After receiving the least votes in the first round, Dr. Kazibwe withdrew from the competition. That left Dr. Venson-Moitoi and Mr. Mokuy to compete for the position. Although Dr. Venson-Moitoi garnered 23 votes in the next round, that number was less than the 36 votes to constitute the two-thirds majority needed to emerge victorious.

Part of the reason for this quagmire, as the news from Kigali is indicating, is that as many as 15 heads of state abstained from voting in the first round of the competition and that in the second round, 20 acted similarly. These many abstentions derailed the process and made certain that none of the remaining candidates would emerge victorious.

While these may be legitimate issues to raise, one wonders why these issues were not raised and fully resolved before the delegates actually assembled in Kigali.

Indeed, the AU assembly chair, President Idriss Déby of Chad, cited the boycott as a deciding factor in the failure of any of the three candidates to secure the necessary votes to win. He then announced that the elections had been postponed until January 2017 and that the heads of state had opened up the contest to more candidates—a decision that appears to be a slap in the face of the current candidates. Notably, this appears to support the Economic Community of West African States (ECOWAS) bloc’s pre-election petition that the elections be postponed because, as they argued, none of the candidates was qualified to lead. That petition, however, had been previously denied.

The argument for new candidates and postponement: Determining who is qualified

President Déby argued, in his post-election proclamation, that the delay would provide candidates and their respective regions with the time to adequately prepare for the elections in January 2017. What appears to be implied by this declaration is that preparations for the failed July elections were inadequate and that with this extra time, the type of behavior exhibited by some representatives during the recently concluded elections would not occur in January. However, unless the AU puts in place rules to prevent such an eventuality, there is no guarantee that January 2017’s elections would not be marred by such last-minute maneuvering again. What is to prevent other blocs from engaging in similar strategic behavior (i.e., boycotting the election) in order to promote their own candidates for the various leadership positions in the commission?

Nevertheless, the AU is a continental organization, and no country or region should be allowed to dominate and monopolize leadership positions in its institutions.

Those who abstained from voting claimed that the candidates were not qualified to lead the commission. Dr. Kazibwe’s candidacy was questioned on the grounds that she was previously convicted of abusing state funds. Mr. Mokuy was taken to task for his country’s human rights record, while Dr. Venson-Moitoi’s candidacy was questioned because her home country, Botswana, has often taken positions that are contrary to those of many other AU members, notably on the issue of Africa’s relations with the International Criminal Court.

While these may be legitimate issues to raise, one wonders why these issues were not raised and fully resolved before the delegates actually assembled in Kigali. Certainly, the AU must have mechanisms to vet individuals who are nominated for leadership positions in its institutions to determine their fit for office. During such a vetting process, groups and individuals within the AU can make known their objections to candidates that they believe are not qualified to perform the jobs for which they are being nominated. Of course, such a vetting process must be governed by rules chosen in an earlier period such as those presented in The Statutes of the Commission of the African Union, which provide information on the minimum qualifications and experience of the commissioners. Hence, any challenge to the qualifications of an individual running to serve on the commission should begin with and be governed by such rules.

How the African Union can stay unified

Once candidates have been fully vetted and determined to meet the minimum qualifications to stand for the positions for which they have been nominated, no head of state (i.e., elector) should boycott the voting. Of course, it is not surprising that electors would prefer to vote for candidates from either their own countries or region. Nevertheless, the AU is a continental organization, and no country or region should be allowed to dominate and monopolize leadership positions in its institutions. Hence, the AU Commission’s leadership must reflect the continent’s diversity, with specific emphasis on gender and geographic balance. Efforts by heads of state or blocs (e.g., ECOWAS) to engage in last minute strategic maneuvering (e.g., boycotting of elections) in order to secure certain political advantages should be discouraged. Such opportunistic behavior can seriously undermine the AU’s electoral system and place the organization in a very precarious position. In fact, one could argue that the outcome of the July 2016 commission elections in Kigali betray an organization that appears to be adrift and without proper leadership and one that is not willing to follow its own rules.  

In fact, one could argue that the outcome of the July 2016 commission elections in Kigali betray an organization that appears to be adrift and without proper leadership and one that is not willing to follow its own rules.

As the AU looks forward, it must make certain that no voting bloc within the organization is allowed to grant itself the power to derail the electoral process. Such opportunism and capriciousness on the part of any group within the AU can prevent the deepening and institutionalization of democratic principles within the organization and effectively hold hostage the interests of the continent to those of a smaller group or region.

Thus, the process through which the member states of the African Union choose individuals to serve in and manage their institutions must be competitive and based on democratic principles. The AU should learn a lesson from what happened in Kigali and put legal mechanisms in place to deal fully and effectively with any future efforts by groups, individuals, and factions to engage in any behavior that can frustrate the functioning of the organization and its institutions. Perhaps the failure of the AU to anticipate such behavior is due to its inexperience. Nevertheless, the organization must provide itself with the wherewithal to prevent this type of stalemate. For, come January, another region may, at the last minute, register its dissatisfaction with all candidates and seek to replace them.

If the AU is to teach member states the principles of good governance, it must first put its own house in order and lead by example.

As the AU looks forward to the January 2017 round of elections, Senegalese politician and diplomat, Abdoulaye Bathily, has already indicated his interest in competing for the position of chairperson of the AU Commission. To avoid the problems that were encountered by the electoral process in Kigali, he, his country, and his region should commence the formal nomination process in order to provide all interested parties with the opportunity to properly vet his candidacy and determine his fit for office. In fact, other candidates who are planning to stand for the elections in January 2017 should also have themselves formally nominated as soon as possible so that the vetting process can be completed and a final list of qualified candidates agreed before the delegates meet in January 2017.

If the AU is to teach member states the principles of good governance, it must first put its own house in order and lead by example. It must, for example, make its electoral decisions through a democratic and competitive process. It must be governed by the rule of law in order for it to stand as a beacon of light for the many countries in the continent that are trying to deepen and institutionalize democracy. Unless the AU puts into place mechanisms to deal with the types of behaviors that derailed the commission elections in Kigali in July 2016, it risks descending into a quagmire from which it might not get out uninjured.