AT THE CONSULTATION WITH PANAFRICAN PARLIAMENT AND REGIONAL PARLIAMENTS TO PROMOTE CONSTITUTIONALISM AND RULE OF LAW IN AFRICA

25 NOVEMBER 2015

MIDRAND, SOUTH AFRICA

Distinguished representative of the Government of the Republic of South Africa, H.E. ….…
Distinguished President of the Pan African Parliament, H.E…….,
Distinguished representatives of the African Union Organs
Distinguished Honorable, representing the regional parliaments,
Prof. Adebayo Olukoshi, Regional Director of International IDEA,
Distinguished Experts and Panelists,
Colleagues from the African Union Commission,
Participants,
Good morning!
First and foremost, I would like to welcome you on behalf of the Commissioner for Political Affairs, Dr. Aisha Abdullahi. The Commissioner would have liked to be here to open this consultation herself, but could not make it for her busy schedule.
After weeks of preparations and consultations between the African Union Commission, the Pan African Parliament and the International Institute for Democracy and Electoral Assistance, International IDEA, we are finally gathered here today to continue our work, to reaffirm and reiterate the commitment of all of us in the building of an Africa where values and principles of good governance and democracy are enshrined and embedded in the social fabric through a culture of constitutionalism and rule of law. It then gives me great pleasure to be opening this consultation with representatives of African regional and continental parliaments to promote constitutionalism and rule of law in Africa here in Midrand, Headquarter of our continental parliament, the PAP.
I wish to begin by congratulating the newly elected Chairperson and the PAP for the election and for the diligent manner in which this consultation has been supported. The deliberations and the outcomes of this consultation will go a long way in enhancing the effectiveness and efficiency of African parliaments in delivering their mission related to constitutionalism and rule of law.
Allow me also to seize this opportunity to express on behalf of the African Union Commission, our heartfelt appreciation to the Government and the people of the Republic of South Africa for their warm hospitality since we arrived in this beautiful city of Midrand. I also commend the leadership and commitment of the Republic of South Africa to the PAP Agenda. I salute Republic of South Africa for the continued support to the African Union as clearly demonstrated by hosting the Pan African Parliament and among many other initiatives.

At this juncture, I would also like to recognize and thank International IDEA for its continued support and for being one of the catalysts for the effectiveness of democracy in Africa and across the world. I extend my gratitude to all the delegates and participants for making the time in between your busy schedules to attend this consultation.

Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

The African continent has witnessed decades of numerous democratic and governance challenges resulting from a diverse range of factors, which include, among others, non-respect of democratic principles, autocratic governance and weak level of culture of constitutionalism and rule of law. It is against this background that the African Union Heads of States and Governments solemnly resolved to promote and safeguard democracy and good governance by adopting in 2007 the African Charter on Democracy, Elections and Governance (ACDEG). It is also against this background that the African Union dedicated the entire year of 2013 as the year of Constitutionalism and Rule of Law in Africa and urged the AU Member States to use this opportunity to enshrine the culture of Constitutionalism and rule of law in all the social strata, men and women, youth and elders. At the continental level, the African Union Commission undertook consultations with civil society, the youth and women and convened a High Level Dialogue with the key stakeholders on the matter to identify challenges regarding constitutionalism and rule of law, and find necessary means on how to address them for each social group.

Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

During the past two decades, the African continent has been marked by an increase or upsurge in the values and principles of constitutionalism and the rule of law as can be demonstrated through democratic civic spaces, limited governments marked by checks and balances on the three arms of government and respect for the supremacy of constitutions. The constitutional rules have increasingly become the major point of reference for political actors and civil society to such an extent that their violation is being increasingly challenged publicly. The non-respect of the constitutional clauses is rapidly becoming a source of political instability as we all witnessed in some African countries in the last five years. Constitutionalism has now entered a phase of intense activity. It becomes an important part of political life in Africa that cannot be overlooked. It serves the purpose of conflict prevention and resolution and then requires that everyone plays his or her respective role.

Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

We all know that in a context of living democracies, parliamentarians are said to be representatives of the people. We are also aware that they are said to make the law. This social position and law making function make parliamentarians key guarantors of the constitutionalism and rule of law and indispensable actors in promoting the culture of abiding by constitutional principles and dictates. We are also all aware that, despite their goodwill to appropriately fulfil their missions, they are still facing numerous and diverse challenges. Most African States today find themselves at crossroads in an attempt, one the one hand, to avoid excessive powers to the legislature that can potentially hamper executive and judicial functions. On the other hand, it remains pertinent for proper functioning of our democracies and constitutional order not to have constitutional designs and practices where legislatures have too much deference to other arms of government and the executive in particular. A balance between these two apparent extremes, as opposed to a tussle over the arm of government with the last word, is the surest way in my view to ensure lawmakers do not abdicate their role as the people’s watchdog.

It is in that context that the current consultation is being convened so as to commonly identify these challenges and find ways and means to address them. The consultation is not the first of its genre. It is conceived as the first of a series of consultations to be undertaken with regional and even national parliaments in the coming years.

Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

As I conclude, I would like to recognize the immeasurable daily efforts of the Government and people of the Republic of South Africa in promoting democracy and good governance here and beyond borders. The signature and ratification of the ACDEG is a clear sign of the State’s commitment uphold the democratic governance principles and this is highly commendable.
At this point, allow me on behalf of the African Union Commission, to express my profound gratitude to the Government and people of the Republic of South Africa and the Pan African Parliament for having accepted to host this important consultation. In equal measure, allow me also to recognize the unconditional support of our longtime partner, International IDEA, in our daily quest for a more democratic, stable, peaceful and developed Africa. Since 2003, International IDEA has and continues to provide financial, logistical and technical support towards the execution of our mandate. It is in the same vein, that International IDEA has supported us and been our strong pillar in the materialization of this consultation and we hope that it will continue to do so in the future.

Excellencies,
Distinguished Guests,
Ladies and Gentlemen,

Once again, I would like on behalf of the Commissioner for Political Affairs and on behalf of the African Union Commission to express our appreciation to all of you present here for accepting to join the initiative of this consultation. I invite you to contribute your ideas and suggestions on how we can move forward together and make this consultation a success.