In an April 2024 investigative report titled “Inquiry into AU Collaboration with Member Institutions in Africa: The Case of AFCONE,” the Congolese investigative reporter Freddy Mayombo shed light on the unlawful suspension of the Executive Secretary of the African Commission on Nuclear Energy Secretariat by the Chairperson of the African Union Commission (AUC). This report was shared with the Permanent Representatives of States and Governments to the African Union in Addis Ababa, Ethiopia. The report argued that interference by the AU in the governance of autonomous African institutions hampers Africa’s development and reinforces negative stereotypes.
It’s essential to note that any action by the AUC hierarchy that impedes Africa’s development contradicts the Constitutive Act of the African Union, which aims to strengthen common institutions and empower them to fulfill their mandates effectively. The recent suspension of the AFCONE Executive Secretary is just one instance of AU interference in regional organizations. Similar cases have occurred with the Pan-African Parliament and the African Peer Review Mechanism, raising concerns about the AU’s commitment to institutional autonomy.
Surprisingly, the AUC has yet to undergo thorough scrutiny by an independent media group. While the AU is our regional body and plays a vital role in addressing Africa’s challenges, we cannot ignore actions that jeopardize the institution’s integrity.
About AFCONE
This report relies on confidential documents from concerned AU member states, interviews with African nuclear experts, and open-source research. Our primary aim is to expose detrimental practices within the AUC and urge African leaders to preserve the AU’s image by calling for the withdrawal of the suspension letter issued by the AUC Chairperson. Additionally, we advocate for all AFCONE-related matters to be decided by the Conference of State Parties, the supreme governing and decision-making body of AFCONE.
Established on 15 July 2009, the African Commission on Nuclear Energy (AFCONE) serves as the Secretariat of the African Nuclear-Weapon-Free Zone Treaty, also known as the Treaty of Pelindaba. AFCONE’s mandate revolves around promoting peace, security, and development in Africa and globally through its focus on nuclear non-proliferation, disarmament, peaceful applications of nuclear science and technology, and regional and international cooperation.
AFCONE operates through four key organs: The Conference of State Parties (CSP), which serves as the supreme policy-making body comprising all State Parties to the Treaty of Pelindaba; the Commission, consisting of 12 commissioners nominated by the 12 State Parties elected by the CSP, responsible for strategic oversight; the Bureau, comprising the Chairman, Vice Chairman of the AFCONE Commission, and the Executive Secretary, facilitating communication between the Commission and the Secretariat; and the Secretariat, led by the Executive Secretary, responsible for day-to-day operations and the delivery of AFCONE’s objectives.
AFCONE’s mission is to provide support to its 44 Member States to ensure full compliance with the provisions of the Treaty through enhancing organizational culture, transparency, and codes of conduct, detecting and preventing non-compliance acts, and promoting peaceful applications of nuclear science and technology for socio-economic development in Africa in a safe and secure manner. Simply put, AFCONEN is an intergovernmental regional organization that seeks to promote the peaceful use of nuclear energy and to inhibit its use for any military purpose, including nuclear weapons.
About the African Union
The African Union (AU) emerged in 2002, succeeding the Organisation of African Unity (OAU), established in 1963. The OAU’s founding aimed to unite independent African states, promoting freedom, equality, and justice. It focused on eradicating colonialism, fostering unity, and defending sovereignty. Through forums like the Coordinating Committee for the Liberation of Africa, the OAU amplified the continent’s voice in international affairs and promoted solidarity in the struggle against apartheid.
The transition to the AU in 2002 marked a shift towards greater integration and cooperation among African states. It aimed to accelerate Africa’s economic growth and development, emphasizing pan-Africanism and collective action. The AU’s Constitutive Act outlined ambitious objectives, including promoting peace, stability, and democracy, advancing economic integration, and defending human rights. With organs like the Assembly of Heads of State and Government and specialized committees, the AU strives to achieve its vision of an integrated, prosperous, and peaceful Africa by 2063, through initiatives like Agenda 2063 and collaboration with regional economic communities and civil society.
The African Union (AU) operates through several key decision-making organs: the Assembly of Heads of State and Government, the Executive Council, the Permanent Representatives Committee (PRC), Specialized Technical Committees (STCs), the Peace and Security Council, and The African Union Commission. The AU structure fosters the engagement of African citizens and civil society through the Pan-African Parliament and the Economic, Social & Cultural Council (ECOSOCC).
Additionally, organs responsible for judicial, legal, and human rights matters include the African Commission on Human and Peoples’ Rights (ACHPR), the African Court on Human and Peoples’ Rights (AfCHPR), the AU Commission on International Law (AUCIL), the AU Advisory Board on Corruption (AUABC), and the African Committee of Experts on the Rights and Welfare of the Child. The AU is also actively progressing towards establishing continental financial institutions such as the African Central Bank, the African Investment Bank, and the African Monetary Fund.
Moreover, the Regional Economic Communities (RECs) and the African Peer Review Mechanism constitute pivotal components of the African Union’s organizational structure. As of March 2024, AU has 55 Member States.
Setting Expectations
In conclusion, the unveiling of the unlawful suspension of the Executive Secretary of the African Commission on Nuclear Energy Secretariat by the African Union Commission (AUC) is just the beginning of a comprehensive investigative journey. Our exploration into this matter will span across 12 articles, each delving into specific aspects and implications of the issue at hand.
Through rigorous examination and analysis, we aim to address key questions surrounding this controversy, shedding light on events leading to the suspension, the violation of AFCONE’s governance structure, and the legal ramifications. Furthermore, we will investigate the impact on AFCONE’s operations, reputation, and international cooperation, along with responses from AFCONE and AUC itself and reactions from the international community.
This investigation will also explore attempts for resolution, future implications, and potential reforms to safeguard AFCONE’s autonomy. As we embark on this investigative endeavor, we commit to upholding journalistic integrity and presenting a thorough and balanced account of the facts. Stay tuned as we navigate through the complexities of this issue and strive to bring about greater transparency and accountability within African institutions.