SA Accession to the African Charter

Presentation to the NCOP30th July 2014Cape Town

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Outline of Presentation

1. The Continental Governance and Public Administration Programme

2. Objectives of the Charter

3. Processes to Adoption of the Charter

4. Consultation processes on the Charter

5. Charter Articles and Provisions

6. Countries that have signed the Charter

7. Countries that have acceded to or ratified the Charter

8. Recommendation to the NCOP

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The Continental Governance and Public Administration ( G & PA) Programme

The Continental Governance and Public Administration programme is driven by

the Conference of African Ministers for Public/Civil Service (CAMPS)

The programme commenced in 1994 and has had 8 Conferences held bi-

annually under the auspices of the African Union.

South Africa Chaired the Conference for two consecutive terms during the 4 th

and 5th Conferences running between 2003 and 2008. Kenya took over from

South Africa to chair 6th and 7th CAMPS. Congo-Brazzaville is the current Chair.

Under South Africa’s leadership, the Conference adopted a programmatic

agenda based on seven (7) thematic areas including the Africa Charter on

Values and Principles of Public Administration.

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Objectives of the Charter Ensure quality and innovative service delivery that meets the requirements of all users. Encourage the efforts of member states in modernising administration and

strengthening capacity for the improvement of public service. Encourage citizens and users of Public services to actively and effectively participate

in public administration processes. Promote the moral values inherent in the activities of Public Service Agents with a view

to ensuring transparent service delivery. Improve the working conditions of Public Service Agents and ensure the protection of

their rights. Encourage the harmonisation of policies and procedures related to Public Service and

Administration among member states with the aim of promoting regional and continental integration.

Promote equality between men and women as well as equality within Public Service and Administration structures.

Strengthen cooperation among member states, Regional Economic Communities and the International Community for the improvement of public service and administration.

Encourage the exchange of experiences and best practices in order to create a data base of information within the member states.

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Processes to Adoption of the Charter The origins of the Charter are traced to the Rabat Declaration, 1998 Morocco, which

focussed on professionalism and ethics in the African Public Service. The draft Charter was formally adopted at the 3rd Pan-African Conference of

Ministers of Public Service: 5-6 February 2001, Windhoek, Namibia The draft Charter adoption coincided with an increased momentum in the AUC to

focus attention on establishing supportive strategies for governance and public administration capacity at the country level.

Following discussion on the draft Charter at the 5th Conference of Ministers of Public Service, the Executive Council of the AU asked member states to update the Charter by ‘going deeper’ and enriching the review process by sharing national perspectives on the reform process.

The draft Charter was adopted by the 6th African Ministers’ Conference convened by South Africa in October 2008 subject to further review by member states legal experts

The 16th Ordinary Session of the African Union Summit, held in Addis Ababa, Ethiopia, on 31st January 2011, adopted the African Charter on Values and Principles of Public Administration

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Consultation Processes on the Charter

A key principle in the review and update of the draft Charter was that of ensuring an inclusive

and participatory approach throughout the process.

The first consultative forum on the draft Charter was convened by Namibia in Sept. 2005

The draft Charter was further discussed at the ‘Regional Forum on Re-inventing Government

in Africa: Building Trust’ convened by UNDESA in Addis Ababa 11-13 December 2006.

South African convened the SADC consultative Forum on the draft Charter in July 2007

A further consultation on the draft Charter at a Continental level was convened by Algeria in

August 2008 where a review process took place

As mandated by the 6th Conference, Mozambique convened an AU member states’ Senior

Officials’ and experts’ consultation to review and further refine the draft Charter in Sept. 2010

Post ratification a regional consultation on the Charter was convened by Congo Brazzaville in

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Consultation Processes on the Charter: Cont…

As part of the consultation process the Charter has been reviewed by

both the Department of Justice and Constitutional Development and the

Department of International Relations and Cooperation

The Charter was presented and approved by the Cabinet to be presented

to Parliament in 2012

The Charter was presented to and accession approved by the Portfolio

Committee in September 2013

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Charter Articles and Provisions

CHAPTER I: DEFINITIONS, OBJECTIVES AND PRINCIPLES Article I: Definitions Article 2: Objectives Article 3: Principles

CHAPTER II: DUTIES OF THE PUBLIC SERVICE AND ADMINISTRATION Article 4: Respect for Human Rights and Legality Article 5: Access to Public Service Article 6: Access to Information Article 7: Efficient and Quality Service Article 8: Modernization of the Public Service and Administration

CHAPTER III: CODE OF CONDUCT FOR PUBLIC SERVICE AGENTS Article 9: Professionalism Article 10: Ethical Behaviour Article 11: Incompatibilities and conflict of Interest Article 12: Preventing and Combating Corruption Article 13: Declaration of Assets

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Charter Articles and Provisions cont… CHAPTER VI: MECHANISMS FOR APPLICATION Article 23: Mechanisms for Application

Article 24: Reporting and Follow-Up Mechanisms

Article 25: Recognition and Award System

CHAPTER VII: FINAL CLAUSES

Article 26: Cautionary Clauses

Article 27: Interpretation

Article 28: Settlement of Disputes

Article 29: Signature, Ratification and Accession

Article 30: Entry into Force

Article 31: Amendment and Revision

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Countries that have Signed the Charter .At the 7th Minister’s Conference some countries signed an instrument to signify readiness and willingness to ratify the African Charter. These are:

Countries that have signed the African Charter

Algeria Congo Lesotho Saharawi ADR

Angola DRC Madagascar Senegal

Benin Gabon Mali Sierra Leone

Burkina Faso Gambia Mozambique Swaziland

Burundi Ghana Mauritius Tanzania

Cameroon Guinea-Bissau Namibia Togo

Chad Guinea Nigeria Uganda

Cote d’Ivoire Kenya Niger Zambia

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Countries that have acceded to the Charter

.Member States that have deposited an Accession Instrument with AU

1. Algeria – the Champion

2. Congo – Current CAMPS Chair

3. Kenya – Immediate past Chair of CAMPS

4. Mali

5. Mozambique

6. Mauritius

7. Namibia04/21/23 ICP 30July2014

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Recommendation to Parliament

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THE END

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