Global governance
Rapid or incremental change? Assigning greater legislative powers to the Pan-African Parliament
Enhancing the profile of the Pan African Parliament
Authors:
O. Nzewi (ed); Centre for Policy Studies
Publisher:
Centre for Policy Studies, South Africa, 2010
Parliament Speakers at a 2009 conference convened by the African Union's (AU) Pan African Parliament (PAP) sought to acquire greater legislative powers and competencies in relevant policy areas. They set a time frame of 2011 to achieve this objective but political and institutional obstacles have prevented the realisation of this objective.This study reviews the institutional development and practical achievements of the PAP during its first term. It examines the possibility of PAP acquiring greater legislative powers and competencies and ways in which the PAP could enhance its institutional effectiveness and competence by strengthening its non-legislative role in the short to medium term.
To enhance its legitimacy, the PAP seeks to be transformed into a continental body with legislative powers usually reserved for traditional legislative institutions. It is believed that such legislative competency is a necessary prerequisite for the PAP to make a positive impact.
The paper makes the following observations about the current funtioning of the PAP:
- PAP has a long way to go in consolidating its position as a continental parliamentary institution in the AU system, in the eyes of the member states and the general public.
- PAP’s goal of enhancing its political and institutional powers is misplaced because it appears not to be fully ready, and the AU Court of Justice is not yet established as a legal arbiter to exercise legislative powers over continental bodies.
The paper suggests the following as ways in which the PAP can be strengthened:
- strengthening relations with key role players like the key AU organs and with civil society organisations
- enhancing institutional and popular legitimacy by overcoming obstacles to resource and internal organisation issues
- strengthening oversight, advisory and consultative functions.
There is a need for the PAP to review its role, functions and responsibilities within the AU system by placing more emphasis on non-legislative functions like oversight and serving as a deliberative body. The paper concludes that the best way to enhance institutional legitimacy and influence of the PAP might be by enhancing its institutional capacity to perform its non-legislative functions, rather than by calling for rapid assignment of greater legislative powers. This might help the PAP become an influential AU institution, with greater ability to influence decision-making processes inside the AU and across the continent.
