Governance Assessments in Africa: the role of the African Peer Review Mechanism

1. Governance Assessments in Africa: the role of the African Peer Review Mechanism Samuel Cudjoe, Executive Secretary, National APRM Secretariat at the Governance for Development in Africa – Residential School; Alisa Hotel, Accra; Monday, May 6, 2013

2. Presentation Outline • Governance Assessments in Africa • Why the APRM • Participation in the APRM • Leadership & Management Structure • APRM Instrument • Stages of the Peer Review Process • Achievements • Challenges • Myths and Misconceptions • Conclusion

3. Governance Assessments in Africa • Over the past decade governance assessments have become increasingly important tools in Africa for monitoring whether governments are succeeding or failing in their commitments in legislation, government policies and international law – TRUST Africa

4. Governance Assessments in Africa • Afrobarometer • an independent, nonpartisan survey that measures the social, political and economic atmosphere in Africa • The Ibrahim Index of African Governance (IIAG) • An annual assessment of governance performance in Africa • African Peer Review Mechanism (APRM) • A voluntary mechanism that assesses democracy & good political governance, economic governance & management, corporate governance, socio-economic development

5. Governance Assessments in Africa • African Governance Outlook (AfDB) • Assesses African countries policy reforms in financial governance, and their institutional capacity to implement such reforms • African Governance Report (UNECA) • Cost of Doing Business (World Bank) • Public Expenditure & Financial Accountability & Report (IMF)

6. WHY APRM? • At the end of the 1990s African leaders reviewed the functioning of the Organization of African Unity (OAU) • Transformation of the OAU to the African Union (AU) • OAU was government-based and dominated, but the AU is more people-centered (Constitutive Act of the AU, 2000) • Emphasis shifted from political struggles to economic emancipation

7. “My generation, the generation of the independence struggle, must give way to new ideas – ideas of the 21st century” Rupiah Banda, former president of Zambia

8. WHY APRM? • Two decades of failed STRUCTURAL ADJUSTMENT PROGRAMMES • NEPAD – established in 2001 as a response to Africa’s economic marginalization and need for national strategic development capacity • Key dimensions of NEPAD are two fold: • Accountability/Leadership – Africa taking the lead in efforts to achieve the development vision espoused in the AU Constitutive Act • Regional Integration – as a sin qua non for Africa’s inclusive growth and development

9. WHY APRM? • NEPAD has formulated a number of continental policy frameworks • Comprehensive Africa Agricultural Development Plan (CAADP) • Short Term Action Plan (STAP) for Infrastructure • Programme of Infrastructure Development in Africa (PIDA) • Environmental Action Plan (EAP) • Capacity Development Strategic Framework (CDSF) • African leaders recognized that good governance and leadership are critical to the achievement of the desired growth • At the 6th Summit of the Heads of State and Government Implementation Committee (HSGIC) of the NEPAD adopted the APRM

10. WHY APRM? • The mandate of the APRM is to ensure that the policies and practices of participating states conform to the agreed political, economic and corporate governance values, codes and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance • The APRM is the mutually agreed instrument for monitoring by participating member governments

11. PARTICIPATION IN THE APRM • Participation in the APRM is OPEN to all member states of the African Union • Following adoption of the Declaration on Democracy, Political, Economic and Corporate Governance by the AU countries wishing to accede to the APRM will notify the Chairman of the APR Forum • This entails signing a MEMORANDUM OF UNDERSTANDING to submit to periodic peers reviews, as well as facilitate such reviews

12. PARTICIPATION IN THE APRM • RESPONSIBILITIES OF PARTICIPATING COUNTRIES • The MOU clearly defines the following responsibilities of the participating country • Firstly, to sign the MOU on Technical Assessments and the Country Review Visit • Secondly, to contribute fully to the funding of the APRM (minimum contribution of USD100,000 annually) • Thirdly, to develop a National Program of Action • Fourthly, to ensure participation of all stakeholders in the process

13. LEADERSHIP AND MANAGEMENT STRUCTURE • CONTINENTAL LEVEL • Forum of the Heads of State and Government of the APRM (APR Forum) – overall responsibility of the APRM • APR Committee of Focal Points *– intermediary between the APR Forum and APR Secretariat • African Peer Review Panel of Eminent Persons(APR Panel) – oversee the conduct of the APRM process and ensure its integrity • APRM Secretariat – provides technical, coordinating and administrative support services for the APRM

14. LEADERSHIP & MANAGEMENT • NATIONAL LEVEL • APR Focal Point – should be at a Ministerial level, or person that reports directly to the Head of State or Government* • National Councils/Commissions – oversee the conduct of the APRM and ensure its integrity* • APR Secretariat – provide technical, coordinating and administrative support to the Councils/Commissions • Independent Technical Review Institutions

15. APRM INSTRUMENT • 80 page questionnaire • 4 key themes • Democracy and Good Political Governance • Economic Governance & Management • Corporate Governance • Socio-Economic Development

16. APRM INSTRUMENT • DEMOCRACY & GOOD POLITICAL GOVERNANCE (objectives) • Entrenching Constitutional Democracy and Rule of Law • Upholding the Separation of Powers • Prevention and Management of Intra- and Inter State Conflicts • Promotion and protection of Civil and Political Rights • Ensuring Accountable, Efficient and Effective Public Service Delivery • Promotion and Protection of the Rights of Women • Protection and Protection of the Rights of Children and Young Persons • Promotion and Protection of the Rights of Vulnerable Groups, including Internally Displaced Persons and Refugees

17. APRM INSTRUMENT • ECONOMIC GOVERNANCE & MANAGEMENT • Design and Implement Economic Policies for Sustainable Development • Encourage Ownership and Participation of Key Stakeholders in Policy Formulation and Implementation • Promote Sound Public Financial Management • Fight Corruption and Money laundering • Accelerate and Deepen Regional Integration in the Monetary, Trade and Investment Domain • Develop and Implement Trade and Investment Policies that Promote Economic Growth

18. APRM INSTRUMENT • CORPORATE GOVERNANCE • Promoting an Enabling Environment and Effective Regulatory Framework for Business Organizations and other entities • Ensuring Effective Leadership and Accountability of Organizations • Ensuring Ethical Conduct within Organizations • Ensuring that Organizations Treat Stakeholders Fairly and Equitably • Ensuring that Organizations Act as Good Corporate Citizens

19. APRM INSTRUMENT • BROAD-BASED SUSTAINABLE SOCIO-ECONOMIC DEVELOPEMNT • Promote and Accelerate Broad-based Sustainable Socio-Economic Development • Encourage Broad-Based participation in Development • Poverty, Unemployment and Inequality • Progress towards Gender Equality

20. STAGES OF THE PEER REVIEW PROCESS • STAGE 1: PREPARATORY STAGE • Country Support Mission to access readiness • Administration of the APRM questionnaire which covers the four thematic areas • Preparation of the Country Self Assessment Report (CSAR) and preliminary National Program of Action (NPOA) • Both CSAR and NPOA are submitted to the APR Secretariat • APR Secretariat prepares Background Document through desk research • An Issues Paper is prepared to guide the Peer Review

21. STAGES OF THE PEER REVIEW PROCESS • STAGE 2: COUNTRY REVIEW MISSION • Under the leadership of the APR Panel, the Country Review Team (CRT) visits the country to hold the widest range of consultations – Executive, Parliament, Judiciary, political parties, trade unions, private sector, civil society, media, academia and professional bodies • Purpose is to learn about the perspectives of the different stakeholders on governance in the country and build consensus of how challenges could be addressed

22. STAGES OF THE PEER REVIEW PROCESS • STAGE 3: COUNTRY REVIEW REPORT • The report is prepared based on the Background Document, CSAR, Issues Paper and information gathered during the Review Mission • The report also takes account of the political, economic and corporate governance and socio-economic development commitments made in the NPOA • Draft Report is first discussed with the Government concerned to give it the opportunity to react to the findings • The responses from the Government is appended to the report • The country finalises its NPOA

23. STAGES OF THE PEER REVIEW PROCESS • STAGE 4: THE PEER REVIEW • The Country Review Report is submitted to the APR Forum for consideration • If the government shows a demonstrable will to rectify the identified shortcomings, then participating Governments must provide what assistance they can • If the necessary political will is not forth coming, the participating governments should engage in constructive dialogue • Should this fail the Government is put on notice of their collective intention to proceed with appropriate measures within a given timeframe

24. STAGES OF THE PEER REVIEW PROCESS • STAGE 5: FINAL/DISSEMINATION STAGE • Six months after the consideration of the Report by the APR Forum, it is formally and publicly tabled in key regional and sub-regional structures such as the Regional Economic Commissions (RECs), Pan African Parliament (PAP), the African Commission on Human and Peoples’ Rights, the Economic, Social and Cultural Council (ECOSOCC) of the AU, etc • It is simultaneously publicly launched in the reviewed country.

25. ACHIEVEMENTS • Thirty-three countries have acceded

26. ACHIEVEMENTS • 17 countries have completed the review • Second Review – KENYA*

27. ACHIEVEMENTS • Citizen involvement in national dialogue • The APRM puts the citizens at the heart of the country self assessment • The voices of citizens are captured in the CSAR • It is citizens NOT governments that tell their story, their lived experiences

28. ACHIEVEMENTS • Influence on policy • GHANA – Growth and Poverty Reduction Strategy (GPRS II). The NPOA was mapped onto the GPRS II • Key initiatives: Northern Development Fund (expanded into Savanna Accelerated Development Authority (SADA) • Establishment of the Ministry of Chieftaincy & Culture • Key legislation – Whistleblower Protection Act, Financial Administration Act, the Internal Audit Agency Act • Informed the Constitutional Review

29. ACHIEVEMENTS • Heads of State and Government met in Cotonou, Benin in October 2008 to discuss the cross-cutting issue of Managing Diversity • Domestication of standards and codes • National laws and policies are been reviewed to conform to the Declaration on Democracy, Political, Economic and Corporate Governance, and other ratified codes and standards

30. CHALLENGES • The challenge of self assessments • Unlike traditional assessments where countries stand to lose some form of assistance, self assessments lack the “teeth to bite” • Independence of the National Governing Councils/Commissions • NGC critical to protect the integrity of the process • Presence of Cabinet Ministers can be intimidating • In some cases the APRM Secretariat is under the Presidency

31. CHALLENGES • Bulky survey instrument • Challenges in administering the questionnaires • Translating into national languages to reach a greater number of people • National capacities to undertake such exercises (Rwanda relied on Kenyan institutions; Togo unable to proceed because of similar challenges) • “Shopping list” NPOA

32. CHALLENGES • Secrecy surrounding the Country Self Assessments Report • Idea is not to politicize the findings of the report • But it is the citizens’ report and they have a right to validate the findings • Case of Ghana (during national validation when the document had not been circulated) • Case of South Africa (where a technical review institution published the draft document on its website)

33. CHALLENGES • IMPLEMENTATION OF THE NPOA • The NPOA is intended to be merged into National Development Plans to ensure implementation • Where the Review occurs in the middle of a development cycle (Medium Term Expenditure Framework) poses challenges • Misconception of who implements (Nigeria NGC wishing to control NPOA budget)

34. CHALLENGES • Government reactions to the CRR • Rwanda (gachacha judicial system; press and opposition freedoms) • South Africa (genocide) • Kenya (ethnic politics (1st), settlement of internally displaced persons (2nd) • Mali (marginalization of the north) • Ethiopia (market and financial reforms; opening up political space) • Uganda (space for opposition) • Ghana (Ministry of Parliamentary Affairs)

35. CHALLENGES • Cynicism • Past attempts to set out continent wide initiatives have been unsuccessful due to questionable leadership and ownership • Lagos Plan of Action and Financial Act of Lagos (1980) • African Alternative Framework to Structural Adjustment for Socio-Economic Transformation (1989) • Africa’s Priority Programme for Economic Recovery (1986 – 1990) • The African (Arusha) Charter for Popular participation and Development (1990) • Abuja Treaty (1991) • Cairo Agenda (1994)

36. “NEPAD and APRM are “neo-liberal” economic prescription and self imposed form of structural adjustment. They are a continuation of failed IMF/World Bank policies, re-decorated and presented as African-led and inspired” Critics of NEPAD

37. CHALLENGES • Acceding to the APRM • Insufficient preparation at the country level • It is a Head of State and Government that agrees to sign up to the process. Civil society is principally excluded and as a result a critical mass of society are not fully involved before acceding • Ownership therefore becomes a challenge and serves as a catalyst for its rejection

38. MYTHS AND MISCONCEPTIONS • ASSESSMENT OF THE PERFORMANCE OF THE EXECUTIVE • The assessment covers all stakeholders including the Executive, Parliament, Judiciary, private sector, civil society organizations, etc • AFRICAN COUNTRIES CANNOT HOLD THEMSELVES TO STANDARDS • Countries in the West African Economic and Monetary Union (UEMOA) have demonstrated with respect to financial, monetary and trade standards

39. MYTHS AND MISCONCEPTIONS • APRM WILL RANK COUNTRIES • The APRM recognizes that countries are at different stages of political and economic development. The essence of the APRM is peer learning and willingness to change • APRM IS A NEO-COLONIAL IMPOSITION • NEPAD is changing the donor/recipient relationship to a partnership of mutual obligations and accountability • The APRM seeks compliance with the provisions of standards and codes which have been ratified by African states

40. CONCLUSION • The impact of the APRM has been mixed. It is helping to improve the governance landscape of Africa while notable challenges remain. • 10 years after the adoption of the APRM, 33 countries representing over 76 percent of the population of Africa have acceded. • Democratic practices are becoming a norm rather than the exception. Ghana and Kenya have demonstrated that election disputes can be settled in court rather than on the streets

41. CONCLUSION • Media plurality and growth is affording citizens greater freedoms of expression. • Better management of the economies are creating opportunities for growth for citizens in Africa.

42. THANK YOU FOR YOUR ATTENTION