The Evolution of ECOWAS towards a Supranational Organization



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The Evolution of ECOWAS towards a Supranational Organization Summary of PhD Work by Bappah Habibu Yaya, Political Science Department, Ahmadu Bello University Zaria, Nigeria 1. Introduction This study is conducted against the back drop of the inability of Economic Community of West African States (ECOWAS) to make progress in many of its integration and development programmes. Regional integration is Africa s adopted strategy for development. ECOWAS is a sub regional organization in West Africa whose main objective is the economic integration of its fifteen member states. It comprises of several institutions and specialized agencies. Since its establishment in 1975 the member states have been grappling with the task of integrating their disparate economies. They have signed Treaties, ratified different protocols, conventions and resolutions in order to facilitate the process of building an economic Community. Among the main programmes of ECOWAS is market integration, which entails allowing free movement of persons, goods and services within the sub region. However, more than three decades after the signing of the relevant protocols, obstacles still remain. The Vice President of Ghana aptly describes the situation of the free movement arrangement under ECOWAS. He said The most common complaints of traders in the sub-region have been the barrier on goods and services, as a result of obstacles often put in their way by various security check-points between our countries. Going by the ECOWAS protocols we have signed, these barriers should have disappeared by now. The implementation of the treaty on free movement of persons faces a number of problems on the ground, namely; harassment on the roads, the high number of road blocks and illegal barriers, and the problem of insecurity on the roads is a major constraint in implementing the treaty on free movement of goods and people in the sub-region (Mahama, 2011) Lack of progress has been largely blamed on the lack of political will among the member states, whose cooperation is necessary for the implementation of the agreed protocols. The Organization could

not enforce compliance. Hence, the integration and development of the region suffered. Recently, there are trends indicating increase in the supranational power of ECOWAS through implementation and enforcement of agreed decisions. This is especially evident since the expansion of the Organization s mandate into political and security matters. ECOWAS has now assumed the role of regional guardian of democracy and human rights. For instance, on December 24, 2010 the Authority of Heads of State and Government of ECOWAS, at its extra-ordinary session on the political situation in Côte d Ivoire, took a decision to explore all options, including the use of legitimate force [emphasis mine] (ECOWAS, 2010), to resolve the impasse caused by the refusal of one of its members, the then President of the Republic of Côte d Ivoire, Laurent Gbagbo to relinquish power after losing election. This decision is one of the boldest in the trends towards the evolution of the Organization into a supranational institution. It represents a major assault on the sanctity of the sovereignty of any of the member states. Some also wondered if ECOWAS is beginning to enforce hitherto unapplied Community rules, policies and decisions. Before then, the ECOWAS Community Court of Justice passed several verdicts that were unfavourable to the member states. For example, on 27 th October 2008, in the case of Hadidjatou Mani Koraou v. The Republic of Niger, the court ruled that the woman was a victim of slavery in Niger and did not benefit from the protection of the administrative and judicial authorities of Niger. Hence, the Court awarded her a lump sum of 10,000,000CFA for damages. The Government of Niger complied and paid her. Moreover, ECOWAS has evolved a policy of ensuring political stability through strict adherence to democratic practices and respect for human rights and freedoms within the sub region. In that regard, it had suspended some of its member states for failing to uphold democratic principles. Among the countries that were suspended are Guinea, Niger and Cote d Ivoire. Niger was suspended following its failure to comply with the 17th October 2009 Decision of Heads of State and Government to postpone the legislative elections of Tuesday, 20th October 2009; Guinea was suspended following unconstitutional change of government through bloodless coup of December 23 2008 and; Cote d Ivoire for the failure of

Laurent Gbagbo to hand over power after a controversial Presidential election, which ECOWAS and the International Community believed he lost (Temple, 2011). All the three countries were only re-instated when they had fulfilled the conditions of restoring constitutional legality given by ECOWAS. 2. Problematic of the Study ECOWAS largely relies on decisions and authorization of its member states to function effectively. In practice, however, the member states have been unwilling to cooperate and respect the Organization and its programmes even when they commit to do it on paper. And that has partly been responsible for the dismal performance of the organization in its economic integration and development agenda. Recent events however have indicated that ECOWAS is gaining more powers, and its influence in West Africa is expanding and deepening, almost giving it a supranational status. It is envisaged that once ECOWAS is able to establish its authority, it would help fast track the integration and development in the sub region. This study therefore attempts to explain the dynamics in the evolution of ECOWAS towards supranationalism. The main questions to be examined are how and why ECOWAS is acquiring supranational authority and tends to procure powers from the member states in some matters that concern the states and the sub region as a whole? 3. Assumptions The dominance of neo-liberalism, since the end of Cold War, has created an international environment that tends to negate the sanctity of the state, which ECOWAS has used to establish its supranational authority in West Africa as the regional guarantor of peace, security, human rights, democracy and good governance. ECOWAS involvement of, and collaboration with the civil society organization and development partners in pushing forward its integration agenda has made its authority to grow in the sub region, as it comes to be regarded by them as a legitimate authority to tackle challenges facing the member states and the sub region as a whole.

The establishment and transformation of ECOWAS institutions, particularly the Commission and the Court of Justice, to make them more effective in the face of new regional and global challenges has made the Organization to acquire supranational authority. 4. Literature Review Conceptualizing Supranationalism in International Organizations Supranationalism is a concept that has varied interpretations and often carries with it emotional baggage. It is mostly used to explain the development of the European integration process. Critiques of the EU have been most extreme in their conception of supranationalism. To them it means loss of national sovereignty, greater integration and ultimately the formation of a United States of Europe. The EU as a supranational organization is to be questioned, resisted or perhaps even ostracized. Nations must resist this idea. (Watts and Pilkington, 2005: 100) It may therefore be more complicated when applied to less developed integration schemes, like the African Union or ECOWAS. One expects the same type of extremism, criticism and distortion if the length and breadth of the concept is not properly and adequately explained. States in Africa are, however, relatively weak and ineffective than in Europe. Literally and semantically supranationalism is described as something happening above or beyond nation-state (Ruszkowski, 2009). Often people want to view this concept from that connotation. However, a much more elaborate interpretation has been made of the concept. Watts and Pilkington (2005) view the concept in terms of transfer or cessation of decision-making powers to a higher authority in specified areas such as Agriculture although the decision making powers ceded can be returned to individual states (Watts and Pilkington, 2005: 100). This is what is commonly referred to as states ceding (some parts of their) sovereignty to a common entity. Similarly, Taylor (1979) contends that supranationalism simply means ceding of some decision-making powers by member states to some higher authority in specified areas such as trade and economic policy, financial policy and so on(taylor, 1979).

He also noted that though states cede their powers to a higher entity and are bound by it, they could withdraw their powers. Similarly Kahler and Lake (2006) posit that supranationalism shifts political authority from individual states to states acting as a collective body Kahler and Lake (2006:6) These conceptions of supranationalism seem to place emphasis on the issue of loss or transfer of some parts of state sovereignty, which generates reaction from those who consider state as the ultimate player in global politics. And somehow to assuage this reaction, the voluntary nature of the shift in power from states to the new entity is highlighted by Taylor when he posits that states could withdraw their powers. However, it has been argued that it is not loss of sovereignty (i.e. state standing above all other associations and groups within its geographical area and its jurisdiction extending to the whole population of the area) that occurs in supranationalism but loss of autonomy (FreeOnlineResearchPapers.com, 2012). Giving that the key element of the concept of supranationalism in national sovereignty, it is inconceivable that this key characteristic of the state will be lost without altering the statehood. In other words, loss of sovereignty will result in loss of statehood. Therefore, the argument is that in the process of integration states remain sovereign but experience impotence to make certain decisions independently from other, usually higher or supranational, influence (FreeOnlineResearchPapers.com, 2012). It is also important to understand the concept of power employed here in its varied form. Appreciating the context and scope of power (faces of power), defined as the ability to produce preferred outcomes, is important. Therefore, we should not assume supranational power to necessarily mean hard commanding power like use of threats or rewards to change behavior of one against one s preferences and strategies. It could also mean soft power, i.e. subliminally controlling the agenda of actions of one in a way that limits one s choices of strategy and shaping one s basic beliefs, perceptions and preferences (Nye, 2011:14), or smart power, which is the mixture of hard and soft power (Nye, 2011:24). Therefore when supranational power is employed it does not only connote use of commanding power but also the ability of the supranational entity to mobilize power resources at its disposal to bring about a preferred outcome. Therefore, we have based our understanding of supranationalism in this work to include not

only the transfer of authority from states to a higher authority but also states sharing their sovereignties with a higher entity and the latter ability to exercise its authority. 5. Is there Supranationalism in African Integration Processes? Supranationalism has been given a cursory analysis in dealing with African integration. Many still see the heavy handedness of the African states in the continent s integration process. There is, however, an emerging trend in the trajectory of regional integration processes in Africa. Since the transformation of Organization of African Unity (OAU) to African Union, a supranational architecture was put in place for the integration of the continent (Fagbayibo, 2010). However little is heard of the prevailing supranationalism in the regional integration institutions. The states are increasingly constrained by regional institutions and seem to be more and more influenced by them. This unfolding development has not been effectively addressed by the literature monitoring the dynamics of integration. So much has been written about obstacles, challenges and problems of integration in Africa but little attention is given to some of the incremental gains being made on a daily bases. There is little theoretical and empirical study on how regional institutions are gaining momentum in charting the course of the destiny of the African sub region. Two works stand out in this regard. Fagbayibo (2010) observes that though the transformation of OAU to AU brought about the institution of supranational structures, it is yet to be effective. He then tries to investigate the feasibility of transforming AU from a mere intergovernmental organization into a supranational entity. The result shows that a major obstacle to realizing that is the absence of shared democratic norms and standards, which he blames on the unconditional nature of membership in the AU. He then argues that the starting point of closer integration in Africa should be the cultivation and adoption of shared norms and values. The African Peer Review Mechanism (APRM) is examined as a possible mechanism for establishing a regulatory regime based on shared values and norms (Fagbayibo, 2010). Another work on the idea of supranationalism in Africa is the analysis of experience of the East African Court of the East African Community by Van der Mei (2009). He examines the issue of

supremacy of Community laws or courts over national laws or courts in the EAC. Supremacy here means a duty to not to apply a national rule infringing Community law without voiding and nullifying the national rule. This is expected to happen if the member states, in particular the legislative branches, obliged to alter or withdraw the rule in question (Van der Mei, 2009). The EAC is one of the few regional economic communities (RECs) in Africa with the stated goal of establishing a Political Federation. Most RECs in Africa aim to create an economic community, even though realizing that will necessarily involve ceding some part of the member states sovereignty. Yet as it is in the case of most integration efforts the states are not always willing to comply with rules and yield to the supranational authority of the regional institutions. This is exemplified in the account of an incidence involving the EAC Court of Justice and the response of the governments in the member states examined by Van der Mei. The EAC Court of Justice delivered an interim ruling in Prof. Anyang Nyong o et al vs Attorney General of the Republic of Kenya et al preventing nine Kenyan parliamentarians from being sworn in as members of the East African Legislative Assembly (EALA) on the ground that the Kenyans rules for electing members of the EALA were prima facia at odd with the EAC Treaty. The ruling generated reaction that saw the Partner states swiftly changing the provisions of the EAC Treaty in order to subdue the independence of the Judges and undermine the efficiency of the EAC Court of Justice. The Court upheld its position and stance on the matter in spite of the intimidation from the Partner states. The actions of the Court gave credence to the supranationality of the Community over the states. Yet the challenged it faced showed that the road to supranationalism in the EAC is a bumpy one (Van der Mei, 2009) There is also an observed trend in transnational linkage between the civil society regional authorities as that is isolating the mainly ineffective and inefficient states in Africa that many analysts blame for the poor performance of integration and development in the sub regions. This study therefore seeks to fill this gap by highlighting the emerging trend of supranationalism in African integration

institutions, particularly in the Economic Community of West African States (ECOWAS) and examining what account for such development. 6. Theoretical Framework In analyzing the problematic of this study we adopt the Identity Theory of International Organizations, as expounded by Sungjoon Cho (2007). The theory is an adaptation of the theory of identity formation in the field of developmental psychology. Cho attempted to break away from the conventional theories of international institutions (like realism, neo-functionalism, or regime theory), which tended to treat institutions as empty shells or objects of strategic choice (tools) in the hands of the states for the execution of their interests. These theories focus mainly on the creation of International Organization (IO) and the processes or inter-state cooperation leading up to the creation; they also highlight the functions it may perform such as facilitation of inter-state cooperation and reduction of transaction cost. Although some neo- realists and neo-liberals have attempted to provide useful insights on the inter-national dynamic among creators (states) of an International Organization, they however failed to explain the institutional change in it within the context of its separate existence as an autonomous organic entity (Cho 2007). The strength of this theory is in treating international organizations as actors in the international system. The major focus of the theory is an explanation of institutional change or development in international organizations by treating them as autonomous entities that are susceptible to influence from, and are able to respond to, their environment. This is done by employing the identity theory in developmental psychology, which posits that as IO evolves (just like in humans), it interacts with its environment and continuously defines and redefines its raison d être. In this process old structures may become obsolete and the institution reconfigures its institutions to adopt and cope with the new environment (Cho, 2007).

The focus of the Identity Theory of IOs is thus on the environmental stimuli that produce change in institutions of IO rather than the states as obtained in the conventional theories. The relevance of the theory to this study on the evolution of ECOWAS towards supranationalism is in the focus it gives to the Organization as a unit of analysis and seeks to provide explanation of how and why changes in institutional functions and authority of IOs occur. 7. Methodology This study is conducted using data obtained from a diary of three months of internship in ECOWAS Commission as participant observer, records of interviews with key staff in different directorates such as Early Warning, Political Affairs, Peace and Security, Trade and Customs, Legal and External Affairs, and relevant information from official reports, newspapers, magazines, relevant texts and internet resources. Members of some civil society organizations working to promote the development and integration agenda of ECOWAS were also interviewed. These include West African Civil Society Forum (WACSOF), Centre for Democratic Studies (CDD) and West Africa Network for Peace Building (WANEP). The Library of the Commission was another source of materials used in this research. The method of analysis to be employed in the study is inductive analysis, which is a variant of the qualitative method. The main feature of this method of analysis is that data collection and interpretation go hand in hand. Therefore data collected in the work will be inductively analyzed. In effect, as data is collected it is interpreted and used to test the assumptions of the work. In practical terms the data shall be used to illustrate elements of supranationalism in the institutions of ECOWAS. Thus, this work is driven by conceptualization of supranationalism in regional integration institutions in Africa, particularly ECOWAS. Field Experience (Research Internship): The 3 month research internship at the ECOWAS Commission was made possible with the support of ABU Tertiaty Education Fund (Tetfund). The objective of internship was to obtain information that would otherwise be difficult to obtain through direct

request. ECOWAS Commission is the hub of most information concerning the Organization. All the institutions, agencies and field offices of ECOWAS have some link with the Commission. The member states are also represented in the Commission as their ambassadors are accredited to the Commission. Similarly, international development partners of ECOWAS and civil society organizations regularly work with the different directorates of the Commission. Some of the partners like the European Union have offices within the Commission. Therefore, the Commission is an important place for data collection. Obtaining information in the Commission is difficult. This is because the staff are generally reluctant to divulge information. There is a fear that doing so may implicate them and invite rebuke or sack. ECOWAS role in security matters means that some information are strictly confidential. The internship however, allowed the researcher to gain some access to some data as a participant observer (a Support Staff) in the Organization. Most of the targeted staff for interview or interactions was Senior Professional Staff (P3-P5). These are seasoned staff of the Organization, who are well trained and experienced. Even after cultivating relationship with some of them, there was difficulty in getting them to speak directly on the subject of the research. When that happens, it was mostly over a coffee or during launch. Therefore, most of the interviews were done during break hours, when the staff had the opportunity to freely and informally discuss matters that are ordinarily not for the ears of every one, and are recorded as notes. I was warned several times to treat, as strictly confidential, the information or identity of my interviewee. Moreover, as the data required is not located in any one section of the Organization, the researcher had to work in two different key directorates during the internship period. These are Early Warning and Political Affairs. Changing posts and experiencing work undertaken by different experts allowed the researcher to gain insights into the inner working (as well as politics) of the Organization. The two directorates are important sources of policy initiatives and action for ECOWAS. The Early Warning Directorate is involved, on a minute-to-minute basis, in monitoring and data collection/analysis of the security, political, economic and social situation across the sub region for onward transmission to

the President of the Commission for action. The Political Affairs Directorate is involved in implementation of recommendations emanating from the Early Warning Directorate via the Instruction of the President of the Commission or the Chairman of ECOWAS Authority of Heads of State and Government. While serving at the Commission, the researcher attended meetings, took minutes, carried out different tasks assigned that helped in understanding the working of ECOWAS and the direction it is moving. As a support staff, the researcher also had unfettered access to other Directorates within the Commission and institutions of ECOWAS, such as the Community Court and the Parliament. Furthermore, the internship enabled the researcher to identify key civil society organizations working with ECOWAS. WACSOF is the umbrella. Interviews were conducted with the President of WACSOF and two Senior Fellows of the Association. The researcher also interacted with national representatives of WANEP and ECOWAS Early Warning field staff from Nigeria, Senegal, and Mali during a Meeting in ECOWAS Commission in October 2011. Attempt to interview them was thwarted by the information officer responsible for anchoring the meeting. He refused to allow me distribute questionnaire. But the researcher had opportunity to interact with them during the coffee break. The major data sought was the degree of freedom available to them in collecting information from open sources in the member states for onward transmission to the Situation Room in the Commission. 8. Summary of Findings ECOWAS has, in the course of its pursuit of economic integration and development, faced political and security challenges, which led to the expansion of its goals and objectives in that direction. It has built up legal, structural and normative structures to deal with security challenges and political instability. The protocol relating to the mechanism for conflict Prevention, Management, Resolution, Peace-keeping and Security, the Supplementary Protocol on Democracy and Good Governance, as well as the Framework for Conflict Prevention are the main legal documents that legitimize ECOWAS authority

in the restoration, sustenance, and protection of peace, stability, human rights, democracy and good governance in West Africa. The globalization of liberal democratic norms and values, rules and standards and their adoption by ECOWAS at the regional level have made ECOWAS to be the focal point of international partnership to the entrenchment of the global order. ECOWAS has domesticated many international conventions. For that it has seen its powers expand and deepening as a result of working together with powerful institutions in ensuring that at the sub region these conventions are applied. ECOWAS has worked with the UN and powerful states, such as France and the US, in the pursuit of peace and security, democracy and good governance, as well as in the protection of human rights and security in the sub region. The dominance of such international norms and values as right of intervention, responsibility to protect civilians in crisis situation has helped to make ECOWAS sanctions and interventions in places (member states) where these rules and standards are not observed to be legitimate in the eyes of the world. The supranational authority of ECOWAS in fulfilling these mandates has received global support and recognition. Failure of the member states to respect their commitments to agreed principles and rules has a broader implication, since it means defaulting on globally accepted order. Hence, the states are constrained to comply with ECOWAS as it also means complying with international conventions. The mainstreaming of civil society organizations into ECOWAS agenda has also made it possible for the Organization to receive transnational support in the sub region. The strengthening of relations and partnership between ECOWAS and the CSOs has enhanced the supranational authority of ECOWAS in the political and security affairs of the sub region. Moreover, the shift in focus of ECOWAS from and ECOWAS of states to that of People is also bolstering the supranationalism in the Organization. The people of West Africa are gradually being integrated into the ECOWAS project, thereby ensuring people ownership and stake in the Organization. We have seen how Opposition Parties and CSOs in Niger Republic made strong appeal for ECOWAS to intervene in the political crisis of the country, which was

occasioned by the intention of the then President Mamadou Tandja to extend his stay in power through manipulation of democratic processes. We have also seen the involvement of WACSOF and WANEP in the promotion of ECOWAS goals and objectives. WACSOF coordinates all the CSOs in West Africa and work with the ECOWAS Commission to implement its programmes. Similarly, WANEP is a key component of the conflict prevention architecture of ECOWAS, which is the Early Warning System. It is one of the focal points for observation and monitoring of early indicators of crises. These CSOs have thus been assisting the Organization in the implementation of its programmes and projects, as well as in discharging the mandates given to it by the member states. ECOWAS has witnessed institutional transformation, which increased its supranational competence. The strengthening of the ECOWAS Court of justice, with competence to adjudicate cases of human rights abuse and violation involving member states and the Community citizens is a significant milestone. Although, there is not yet an established mechanism for ensuring compliance with the Court s judgment, the import of the Court s judgments cannot be ignored in view of the partnership of ECOWAS and other similar more influential organizations. Moreover, the transformation of the Executive Secretariat into a Commission means that decisions taken at the Community level is directly enforceable in the member states. This supranational authority has no doubt enhanced the legitimacy of the Organization to take to task member states that do not respect their commitment in the sub region. Although the member states still hold sway in decision-making through the highest organ, i.e. the Authority of Heads of State and Government, this is gradually eroded with institutional restructuring aimed at enhanced performance of the Organization. For instance, the Mediation and Security Council membership is limited to nine member states at a time, with a decision making system of majority rule. Non members of the council have to abide by the decisions of the select members of the Council. Similarly, when decisions are taken and the majority carries the day, the minority members of the council have to abide by the decision. In the end therefore, regional decisions are taken and implemented, and not the consensual agreement of the member states.

More so, the Commission is empowered to take decision and action in many political and security matters without waiting for the consent of the member states. For instance, the President of the Commission is empowered to send fact-finding mission, mediation team to member states and to engage negotiations and reconciliation of Parties in conflict on his own initiative. Non state institutions, such as the Council of Elders are placed at his disposal to discharge this responsibility. 9. Conclusion ECOWAS is an organization in evolution. It has over the span of about 37 years of existence seen its mandate expand from the pursuit of economic integration and development to engagement with issues of conflict management and resolution, peace-keeping and security, democracy and good governance, human rights and humanitarianism. The identity development and transformation of ECOWAS has made it to acquire supranational authority in many political and security matters concerning the sub region. It has evolved a comprehensive legal, normative and political structures and mechanisms for establishing its principles and stands within West Africa. ECOWAS adoption of international and regional conventions, principles and standards, norms and values as well as its engagement with other regional and international institutions, such as the UN and the AU, and powerful states, like the US and France, in the pursuit of the application of these international instruments and standards in West Africa has made its supranational status to be enhanced. The institutional transformation of ECOWAS to meet challenges and respond to needs within the sub region has also seen the Organization s powers expanding and deepening. Moreover, the mobilization of CSOs within the sub region and collaboration with development partners, have strengthened ECOWAS ability to exercise its mandate and authority to pursue regionally-agreed goals and objectives. There are still constraints to ECOWAS supranational development. These constraints are institutional as well as legal and political. The capacities of the ECOWAS institutions are limited by the incomplete restructuring of the Commission. The legal mandate of Organization is still fashioned in

favour of the member states, who also dominate the decision making process. Although there are good prospects of enhanced supranationalism in ECOWAS from support and cooperation of its development partners and from the CSOs in the sub region, a lot needs to be done by the leadership of the Commission to transform that to favour the Organization. There is a prospect that ECOWAS can build on its links with the international community, the CSOs, the development partners and the member states to ensure the application of other agreed-policies regarding the economic integration of the sub region.

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