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2004
PROPOSAL ON COUNCIL OF STATE [PARLIAMENTARY CABINET]
Draft PAP Bill on the Appointment of Cabinet, AU Government Ministers, Presidential Advisors, Heads of Union Agencies and Corporations, as well as on the conclusion of internal treaties, protocols, and contracts, for the purpose of implementing integration of Africa, and coordinating domestic policies for the African Union to achieve coherent policy and good governance.

Section I

In order for the PAP and its committees to do their work more effectively, the PAP shall create a secretariat which shall consist of various administrative, executive, advisory and research branches. The secretariat of the PAP shall consist of separate staffs for the Clerk of the PAP to manage the affairs of the House, staffs and offices for the different PAP Committees, staffs and offices for the individual PAP members, and also staffs and committees to assist the president of the PAP in matters of policy and administration of the African Union.

The President of the PAP shall nominate the portion of the PAP secretariat which shall be an executive committee for the PAP, and designate advisors and assistants. The president shall be the chair of the executive committee which shall be responsible to the PAP, with the designation of the “Council of State” or "Cabinet".

The Council of State shall consist of persons nominated by the President from among the members of the PAP and from among the general public, chosen for exceptional capacity to rally and mobilize the public, and raise local or international support for Pan-African policy initiatives.

Members of Cabinet shall be appointed without regard to regional or state representation or any other qualifications or credentials, but rather with regard to their commitment and sensitivity to, experience in, and understanding of, the Pan African movement, African culture, and the concepts that strengthen African unity.

The Cabinet/Council of State shall consist of persons responsible for All-Union ministries, leading agencies (which do not have the status of ministries) and commissions and councils created by the PAP. The Cabinet shall include ministers, assistants, secretaries, advisors, chairs and executives, whose central purpose shall be to promote PAP resolutions and Presidential initiatives to the public, media and international community, as well as administer, advise on, and coordinate policies between the AU organs, state governments, institutions and communities.

The cabinet shall have the following administrative functions and duties:

[1] Facilitate the implementation of, and administer the protocols, policy, and resolutions of the PAP faithfully, as well as set strategies to advance the policies of the PAP
[2] Conduct affairs of state, address requests by members of the PAP, and assist the President of the PAP in supervising the operations of the AU government structures, and assist the President to prepare the annual State of the Union address, and assist the president in advising the Chair and Members of the Assembly of Heads of State
[3] Coordinate policies between different levels and elements of government in Africa including community, municipal, state, union and international institutions, agencies and groups.
[4] Present to the PAP a National Interest Analysis before binding treaty action is taken, conclude treaties, and nominate ambassadors and high representatives
[5] Administer the civil and military services, in accordance with standards established by the PAP, and administer the other institutions and agencies of the AU government in public
[6] Prepare a report on the state of union finances, and prepare the union's budget and present it to the PAP and the Assembly and the people at regular intervals and at least annually
[7] Enact cabinet orders in order to execute the decisions of the PAP
[8] The Cabinet may determine to convoke extraordinary sessions of the PAP and the Assembly
[9] The President representing the Cabinet, submits bills to the PAP and to the Assembly
[10] The Council of State (Cabinet) has to resign en masse when the post of PAP president becomes vacant or when the first session of the PAP is convoked after a general election of members of the PAP.
[11] If the PAP passes a no-confidence resolution or rejects a confidence resolution the Cabinet (Council of State) shall resign en masse.

Section II

Where a minister or a head of an AU agency or council is to be appointed by the President of the PAP, the nominee may be invited to appear before interested committees of the Pan African Parliament to make statements and answer questions. The committees may adopt resolutions or make recommendations, as appropriate, relating directly to the statements made and answers provided.

Upon the appointment by the president of the PAP of the new Minister, Secretary of an All-African department, government agency or corporation, council, commission, and election observer team, and other such bodies, and before s/he officially takes up his/her duties, the Minister or presidential policy Advisor shall make a statement to, and answer questions from, the PAP committee responsible.

Following the statements and answers referred to above and at the initiative of the committee responsible, Parliament may make a recommendation.

The Minister, Secretary or Advisor shall keep Parliament fully and regularly informed as to the practical implementation of his/her mandate, and shall be invited on occasion, or at his/her initiative, to attend meetings of the committee responsible in order to make a statement and answer questions.

The committees concerned shall seek to ensure that the Minister provide them with regular and timely information on the development and implementation of the PAP resolutions and policies, on outcomes envisaged under those policies, on any other considerations relating to the implementation of actions under that any given policy, and on the condition of African Union government assets and staffs.

At the discretion of Parliament, the Minister, Advisor, or Secretary shall be invited to each plenary debate that involves a policy that may be of concern to the portfolio of the office, secretariat or department concerned.

The PAP shall hold an annual debate on the main aspects, basic choices and implications of the common All-African domestic and inter-state policies.

The committees responsible for the AU domestic policy may draw up recommendations to the Assembly of Heads of State, the AU Commission, the AU States authorities and other institutions, in their areas of responsibility after obtaining authorization from the PAP.

Section III

When a municipal authority, a state authority, an intergovernmental authority, an organ or agency of the AU, or a Parliamentary committee intends to open negotiations on the conclusion, renewal or amendment of an inter-state agreement, the PAP committee responsible shall ensure that Parliament is fully informed about its recommendations for a negotiating mandate.

Parliament may request the Assembly or any State government not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible.

Throughout the negotiations the AU Commission, the Assembly, and the State government, and negotiating authorities, shall inform the PAP committee responsible regularly and thoroughly of the progress in the negotiations.

At any stage of the negotiations Parliament may, on the basis of a report from the committee responsible, and after considering any relevant proposal, adopt recommendations and require that these be taken into account before the conclusion of the international agreement under consideration.

When the negotiations are completed, but before any agreement is signed, the draft agreement shall be submitted to Parliament for opinion or for assent.

Parliament shall give its opinion on, or its assent to, the conclusion, renewal or amendment of an inter-state agreement or a protocol concluded, in a single vote by a majority of the votes cast without amendments to the text of the agreement or protocol being admissible.

If the opinion adopted by Parliament is negative, the President shall request the Assembly, State government, or other authority responsible, not to conclude the agreement in question.

If Parliament withholds its assent to an inter-state agreement, the President shall notify the Assembly of heads of State, and the concerned State authorities that the agreement in question cannot be concluded.

Section IV

Portfolios from which the President may demand advise, delegate policy, research, implementation responsibility, and administrative duties, shall include, and not be limited to the following:

AU GOVERNMENT MINISTRY PORTFOLIOS:
Finance, Banking & Budget Management
Refugees and Internally Displaced People
Food Security & Agriculture
Defense, Security, Peacekeeping
Disaster Emergency Response
Integration, Transport & Inter-State Trade
Diaspora & International Relations
Water Security & Rural Infrastructure
Health, Sports and Environment
Family Income and Child Safety
Justice, Human and Community Rights
Culture & Education
Communications Infrastructure
Energy, Mining, Industrial Infrastructure & Recycling
Gender and Labour Relations
Urban Improvement & Housing
Fisheries, Parks, Wildlife & Tourism
Community Settlements & Municipal Affairs

AU GOVERNMENT AGENCIES:
African Defense & Peacekeeping Force
Fisheries and Oceans
Customs, Transit & Immigration
Transport & Aviation Safety
Postal Service & Communications
Environment and Oceans
African Revenue Authority
Department of Public Safety & Injury Control
Food Safety, Transport and Storage
Infection Control and Laboratories
National & PAP Library

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