THE 6 TH CONFERENCE OF AFRICAN MINISTERS FOR PUBLIC/CIVIL SERVICE REPORT ON THE IMPLEMENTATION OF THE AFRICAN PUBLIC SERVICE CHARTER

Transcription

1 THE 6 TH CONFERENCE OF AFRICAN MINISTERS FOR PUBLIC/CIVIL SERVICE REPORT ON THE IMPLEMENTATION OF THE AFRICAN PUBLIC SERVICE CHARTER 1

2 INTRODUCTION 1. The impact of globalization on Africa is undeniable. Therefore, one of the imperatives in navigating these changing times is an informed, ethical, service excellence-driven public service. Resources for infrastructure and Information Communication Technologies are needed as part of a solution that will enhance service delivery and improve institutional structures for good governance. The challenge is to develop good strategies and frameworks for the enhancement of governance and public administration at national, regional and continental levels. 2. The African Charter is at the core of public administration as it establishes and consolidates rules for a professional work ethic. Since the adoption of the African Charter, many states have undertaken public service reforms while those that have experienced post-conflict situations are rebuilding service and administration systems. It is against this background that the 5 th Pan-African Conference of Ministers for Public/Civil Service took the decision to review the African Charter and thereby ensure states ownership of this tool. This is important to infuse principles of good governance and a culture of professionalism in the African public service. 3. The following report gives an account of the process and methodology used in the review and update of the African Public Service Charter. The report commences with background information on the events and activities leading to the revised African Public/Civil Service Charter. It proceeds to reflect on the contextual framework for both the evolution and implementation of the Charter, the process and methodology followed to review and update the African Charter and proposals or recommendations. BACKGROUND INFORMATION 4. The initial African Public Service Charter was formally endorsed at the 3 rd Pan- African Conference of Ministers for Public Service (5-6 February 2001, Windhoek, Namibia). The Windhoek Declaration also requested that the Chairperson of the Conference submit the text of the Charter to the 56 th session of the United Nations General Assembly. The Windhoek Declaration further emphasized the role of African Training and Research Centre in Administration for Development (CAFRAD) and the United Nations Division for Economic and Social Affairs (UNDESA) in the implementation of the Charter. 5. The Charter, as adopted at the 3 rd Pan-African Conference of Ministers for Public Service, places as a central thrust the need to adapt the different public service programmes in Africa to the changes the continent is experiencing, i.e. changes in communication, information technology, global trading patterns, the realities of poverty, income disparity and so on. The Charter goes on to emphasize that in response to challenges, public services must strive for sustainable, qualityconscious, transparent, efficient and human rights oriented solutions. 6. While recognizing the need for flexibility in application and contextualization, the Charter s underlying message is that there is a direct correlation between the application of codes of conduct and the principles embodied in the Charter. At the 2 nd Pan-African Conference of Ministers for Public Service in Rabat, Morocco, there was a general acceptance that in rehabilitating the role of the state, particular attention should be paid to the revival of professional values and the establishment of 2

3 particular standards for public service. The process of drafting the Charter also acknowledged development challenges on the continent. 7. The general provisions of the Charter 1 adopted at the 3 rd Pan-African Conference of Ministers for Public Service are divided into four parts, i.e. the purpose and scope of application of the text, fundamental and universal principles of the public service (legality, neutrality, equality and continuity), rules governing relationships between the public service and users (based on the criteria of the effectiveness, efficiency and transparency of the public service) and relations between the public service and public service employees (obligations of the administration vis-à-vis public service employees with respect to the different stages of their careers, their remuneration and their working conditions). 8. The integration of the programme of Ministers for Public Service into the broader AU programme received substantive additional momentum at the 4 th Pan-African Conference of Ministers for Public Service in May 2003, Stellenbosch, South Africa). In addition, the Stellenbosch Conference served as a platform for a brief evaluation on the implementation of the Charter. 9. A meeting in Namibia reviewed developments within the terrain of Ethics and Codes across selected countries. This meeting also reinforced the need to take forward the commitments and momentum established with the adoption of the African Public Service Charter. It was noted in Namibia that the value of the Charter towards enhancement of public administration effectiveness would be examined at the AU s 5 th Pan-African Conference of Ministers for Public Service. CONTEXTUAL FRAMEWORK 10. Following discussions on the African Public Service Charter at the 5 th Conference of Ministers for Public Service, the Executive Council of the African Union asked member states to update the Charter by going deeper and enriching the review process by sharing personal perspectives on the reform process. At the same time, the Executive Council of the AU requested the AU Commission to work closely with the NEPAD Secretariat in updating the Charter and ensuring adoption by policy organs of the African Union. 11. Over the past few years, with the momentum to sustain collective efforts and support, national public administration s reform efforts culminated in the establishment of the Pan-African Conference of Ministers for Public Service 2. Since its inception, the Conference of Ministers demonstrated commitment to move beyond the passive exchange of information towards establishing practices, codes and standards for public administration in Africa. The Ministers recognized that the establishment of basic frameworks for public administration would be central to the enhancement of effective and sustainable development. 12. The need to assess and affirm the commitments made within the framework of the Charter coincided with increased momentum in the AUC to focus attention on 1 See Annexure 1: Charter for the Public Service in Africa, February The first Pan-African Conference of Ministers was hosted by Morocco in 1994 and was supported by the United Nations Department for Economic and Social Affairs. CAFRAD served as the Secretariat for the first three Ministers Conferences. 3

4 establishing supportive strategies for strengthening governance and public administration capacity at the level of countries. The result of the convergence was a discussion paper that would guide the review of the continental Public Service Charter. 13. An additional implementation challenge is that whilst the Charter has been adopted by Ministers and is recognized by many countries, details of its usefulness and effectiveness as an instrument for building capacity towards the effectiveness of public administration remain sketchy. 14. The process of revision and updating of the African Charter is articulated around three key phases, i.e. the integration of the principles of the African Charter into national legal systems in African Union Member States, gaps in the current African Charter and alignment with transformation processes in Member States, i.e. at political, institutional, economic and social levels. The process would also propose strategies and mechanisms for converting the African Charter into an acceptable African Union legal document. IMPLEMENTATION METHODOLOGY 15. The process of review and updating of the African Charter was guided by the intention that the adoption and implementation of the Charter at regional and country levels can only succeed where there is complete ownership and buy-in. The following are some of the issues that had to be dealt with during the review process: Identification of relevant frameworks governing the Public Service in African Union Member States and identification of policy and legal implications related to implementation of the Charter including at at regional level Involvement of policy makers in processes to determine the form and content the Charter needed towards adoption of the Charter Policy Organs of the African Union Questions to be answered regarding the simplification of the Charter to ensure the evolvement of a user-friendly document Enforceability of the Charter and consideration of structures such as the African Court of Justice 16. Findings from telephonic interviews and written responses to a questionnaire informed the review of the charter. 17. It is envisaged that the Regional Forum on Re-inventing Government in Africa: Building Trust, scheduled for December in Addis Ababa and to be attended by Ministers, will further strengthen commitment to the implementation of the Charter. 18. The input of regional economic groupings and institutions was also sought to guide the Charter review process. STRATEGIC APPROACH TO THE REVIEW AND UPDATE OF THE CHARTER 4

5 19. It was later decided to ensure that the African Public Service Charter was recognized by the AU. This would be followed by awareness in Member States on the revised Charter. 20. Application of global principles and codes to varied national contexts has limitations. It was, therefore, agreed to adopt an approach that seeks to build on local experiences. Countries would be encouraged to conduct self-assessments on the application of principles and codes to enhance public sector capacity effectiveness. The overall benefit to participating countries would be peer support from other countries within the AU. 21. It is envisaged that monitoring implementation of the Charter will supplement APRM processes at country level. 22. To ensure that the initiative has overall continental and regional relevance, it is necessary to establish a supportive research system that will build on national evaluative analysis of the application of codes and principles in public administration. Within this framework comparative data and information may be collated on a subregional basis, followed by a complete report at continental level. 3 Such a report would be presented at the subsequent Ministerial Conference and serve as a basis for continental progress evaluation. 23. Countries are encouraged to collate information and case studies on practices that could hold relevance for other countries as they conduct evaluation and analysis of their principles and codes for public sector effectiveness. It is anticipated that monitoring and evaluation partnerships will be established to achieve the desired impact. 24. Seed funds would be mobilised to ensure essential capacity at national and continental levels. Countries will also be encouraged to allocate essential funding in national budgets. THE SADC EXPERTS SEMINAR 25. South Africa facilitated the SADC consultative workshop on the Charter in July The seminar was structured to articulate and consolidate practical strategies for the review and implementation of the Charter, as well as to develop the implementation framework. 26. The seminar emphasized the need to clarify whether the Charter would be a set of principles and values to guide countries or a legal document that would be enforced across countries. The seminar underscored the need to provide essential support to Member States. A view was taken that there is a need to change mindsets towards higher levels of accountability. Tools like the Charter can and should be used to this end. 27. Civil society involvement was noted as one of the key success factors in the implementation of the Charter. The general public should be able to hold departments accountable for Charter implementation. The feedback systems introduced are essential for the accountability process. The APRM process provides an opportunity to domesticate and assess implementation of the Charter at national level. APRM systems need to mainstream public service issues. 3 The Namibian experiences are particularly instructive when initiating national review processes. In the case of Namibia, workshops were held on the implementation of the Charter with local and international stakeholders. 5

6 28. The need to train public officials on how to go about the processes of domesticating and implementing the Charter was underscored. A proposal was made to consider drawing from the Latin American experience so that the African Public Service Charter assumes the character of a set of principles rather than a legal document which will entail onerous ratification procedures. THE NORTHERN AFRICA CONSULTATION 29. Subsequent to the SADC meeting, Algeria, which champions the implementation of the African Charter, convened a consultative workshop on the Charter in Algiers, in December The workshop drew participants from around the African continent. 4 The Algiers seminar s agenda was organized around assessing the implementation of the African Charter and reviewing perspectives to adapt it to political, institutional, economic and social progress made at the African Union Member States level. CONTINENTAL REVIEW AND UPDATE OF THE CHARTER 30. The Steering Committee meeting held on the 15 February 2008 mandated the Chairperson to organize a delegation comprising of the African Union Commission, Chairperson s Office and NEPAD to travel to Algeria and discuss the review and update of the African Charter in preparation for the 6 th African Ministers Conference. This meeting proposed the establishment of the Charter Drafting and Extended Drafting Committees. 31. In line with the Extended Ministerial Bureau decision in July 2008, Algeria convened the Drafting Committee meeting on the August 2008, in Algiers, Algeria. The Drafting Committee was joined by eminent jurists from the African Union s department of legal affairs, Benin, Mozambique and the DRC. The committee reviewed the charter chapter by chapter, paying particular attention to concerns and issues raised at the Extended Ministerial Bureau meeting. CONCLUSION AND WAY-FORWARD 32. The process of adoption and ultimate ratification of the Charter has commenced. It is expected that once the Charter is endorsed at the 6 th African Ministers Conference, adoption by African Union Member States will follow. Thereafter the Charter will be submitted to the African Union Summit for ratification. 33. The idea of a Regional Implementation, Monitoring and Enforcement Secretariat needs further discussion and the AUC is to facilitate this process. 34. A workshop to discuss communication of the continental public service programme needs to be organized by the AUC in partnership with the Chair of the 6 th Pan-African Conference of Ministers for Public/Civil Service 4 Under the aegis of Algeria, the seminar on the African civil service Charter s revision gathered from 3 to 5 December 2007 experts from the African Union, from CAFRAD, as well as from the following States: South Africa, Namibia, Ghana, Mali, Libya, Tunisia, Central African Republic, Senegal, Egypt, Gambia, Mauritania, Tanzania, Cote d Ivoire, Kenya, Guinea, Nigeria, Sierra Leone, Togo, Uganda, Madagascar, Chad and Gabon. 6

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