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L'intégration régionale en Afrique: Le cas de l'UEMOA


par Tiego Tiemtore
INSTITUT DE RECHERCHES ET D'ETUDES EN RELATIONS INTERNATIONALES ET EUROPEENNES (IRERIE) - MEMOIRE DE MASTER EN RELATIONS INTERNATIONALES ET EUROPEENNES 2004
  

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I HISTORY

UMOA A the UEMOA , A SO LONG WALK

The African Western Union Economic and Monetary (UEMOA) was born on ashes from the African Western Monetary Union (UMOA) created in 1962 at the same time as the Central Bank from the States from West Africa (BCEAO).

The Union was created by the Treaty signed in Dakar on January 10, 1994 by the Heads of State and of

Government of the seven countries of West Africa having jointly the use of a common currency, F CFA.

It is of Benign, Burkina Faso, the Ivory Coast, of Mali, of Niger, of Senegal and Togo.

The Treaty came into effect on August 1, 1994, after its ratification by the Member States.

May 02, 1997, the Guinea-Bissau became the 8th Member State of the Union.

The UEMOA is represented by a logo symbolizing the growth, the union, solidarity and the complementarity between the Coastal states and the States sahéliens.

 The logo represents two dynamic and elliptic forms which in spite of their specificities, intermingle to express two strong concepts, the solidarity and the complementarity of the States and the people of the Union.

This solidarity and this complementarity are ready to be released in a movement from rise  continue which will lead to economic blooming, social and cultural of our populations respective.

The energy of the lianas of the forest is harmonized with the hot and long-lived vibrations of the Sahel for to produce the sphere of happiness illustrating the characteristics and the objectives of the UEMOA.

Natural resources and the material equipment (1/2 blue lower sphere), even spiritual intellectual resources (1/2 gold sphere)
Lastly, the white circle expresses the peace, the serenity and the stability which must remain the points of anchoring of the process of integration of the UEMOA.

 

II FONCTIONNMENT AND INSTITUTIONS OF THE UEMOA

 

The operation of the UEMOA is articulated around the Presidency of the Commission and directed Departments, each one, by a Police chief, named by his country of origin.

The bodies of direction, advisory, of jurisdictional control, parliamentary control and the autonomous Specialized agencies also take part in the institutional system.

The whole of the Institution functions under the authority of the President of the Commission.

This one takes care that constantly, the Commission exerts, with the wanted effectiveness, the plenitude of its functions, with the prerogatives and responsibilities which the Treaty of the UEMOA confers to him.

 

II.1 INSTITUTIONS

 

II.1.1 them bodies of direction

 

II.1.1-1  It Conference of the Heads of State and Government

It is the supreme authority of the Union and section any question not having been able to find solution by unanimous agreement of the Council of Ministers. It decides possible adhesion of new members and takes note of the withdrawal or the exclusion of the participants. It meets at least once per annum and makes its decisions unanimously.

II.1.1-2 it the Council of Ministers

 The Council of Ministers lays down the monetary policy and of credit of the Union in order to ensure the safeguard of the common currency and to provide for the financing with the activity and the economic development with the Member States. Each one of them is represented by two ministers, of which the Minister for Finance, but each State lays out to with it only with one voice. The BCEAO organizes the meetings of the Council of which it ensures the Secretariat. The Governor of the BCEAO attends the meetings of the Council with advisory voice. The Council meets at least twice a year and makes its decisions unanimously. It rests with to him to modify the definition of the monetary unit and consequently to determine the declaration of parity of the currency of the Union to carry out at the International Monetary International Monetary Funds.

II.1.1-3 it Commission

The Commission of the UEMOA exerts, for correct operation and of the general interest of the Union, the capacity of execution, delegated by the Council of Ministers.

It transmits to the Conference and the Council the recommendations and opinion that it judges useful for the safeguarding and the development of the Union,

It carries out the budget of the Union and can seize the Court of Justice in the event of failure of the Member States to the obligations which fall to them under the terms of the Community legislation.

The office of the Commission is in Ouagadougou in Burkina Faso.

II.1.2  - Bodies of jurisdictional control

 

II.1.2 .1 it the Court of Justice

 

The Court of Justice takes care of the uniform interpretation of the Community legislation and its application and judges, in particular, the failures of the States to their «Community obligations». It relative ensures the respect of the right to interpretation and with the application of the Treaty of the UEMOA, referee the conflicts between the Member States or the Union and its agents, it is made up judges, one by State, named for a six years renewable mandate .Son seat is in Ouagadougou.

It is made up judges, one by State, named for a six years renewable mandate.

It sits at Ouagadougou in Burkina Faso.

II-1-2 -2 it Court of Auditors

 

The Court of Auditors controls the accounts of the bodies of the Union, and the reliability of the budgetary data necessary to the exercise of the multilateral monitoring.

Three advisers are elected for six years renewable once.

II.1.3 - Bodies of parliamentary control

 

It Interparliamentary Committee, embryo of the future Parliament of the Union

 The Interparliamentary Committee exploits an advisory part and of animation of the debates integration. It receives the annual report of the Commission and is expressed in the form of reports/ratios or of resolutions.

It precedes the Parliament of the Union which will be in charge of the democratic control of the bodies of the Union.

It counts 40 members and meets at least once per annum.

Its seat is in Bamako in Mali

The members of the Parliament carry the title of «Deputies to the Parliament of the UEMOA».

They will be elected by the direct vote for all, for one five years duration, according to an electoral procedure which will be determined by additional proceedings of the Conference, after consultation of the Parliament.

They will exercise their mandate independently and cannot be bound by instructions of any Member State.

The number of the Deputies by Member State, the methods of their remuneration, the mode of eligibility like that of the incompatibilities, will be fixed by an additional act of the Conference, after consultation of the Parliament.

The Parliament elects its President among his members for one two years duration and half.

The Parliament meets in two sessions.

The first session opens first Monday of February.

The second session, known as budgetary, opens second Monday of

October.

The Parliament can meet in extraordinary session, on an order of

precise day, on convocation of its President, is at the request of

President of the Council of Ministers, is at the request of the 2/3 of the Deputies at least, after information of the President of the Council of Ministers.

The Parliament is seized by the united annual report of the Court of Auditors of the UEMOA and the Courses of the Accounts of the Member States on the evaluation of the systems of control of the accounts in force in the Union.

In waiting of the election of the Deputies by the direct vote for all, the Deputies at the Parliament are designated by the Legislative body of each Member State.

The number of the Deputies is fixed at five per Member State and the presidency of the Parliament is held by a Deputy arising of the State which takes the presidency of the Conference.

II.1.4 - Consultative bodies

 

It Regional Consular Room

 The Regional Consular Room is the privileged place of dialog between the UEMOA and the principal economic operators. The Room, Consultative body created by the Treaty of the Union, is charged to carry out the effective implication of the sector deprived in the process of integration of the UEMOA, by in particular:

it participation in the reflection on the process of integration and in the implementation of the reforms stopped by the competent Authorities of the Union;

- the technical support with the national Consular Rooms and its other members.

- to its initiative or that of the Commission, the Room delivers opinions on any question relating to the achievement of the objectives of the Union, in particular the legislations commercial, tax, customs and social; the trade negociations in which the Union takes part; the creation and the operation of purses of value or trade, economic observatories; the economic policy and monetary.

The Room gathers the national consular rooms, the trade associations and the employers' organizations of the Member States.

The number of the representatives is fixed as it follows for each Member State:

 3 representatives of the consular institutions, 1 representative trade associations or employers' organizations of industries; 1 representative of the trade associations or the employers' organizations of the exporting importers/; 1 representative of the trade associations of the banks and financial establishments ; 1 representative of a trade association or an employers' organization of a sector indicated by the national room of trade and industry among the sectors not quoted above.

Its seat is in Lome in Togo.

 

 

 II.1.5 - Autonomous Specialized agencies

 

II.1.5.1 Banks it Central of the States of West Africa (BCEAO)

 The Central Bank of the States of West Africa (BCEAO) is the Issuing house common to the eight Member States of the African Western Monetary Union (UMOA). The BCEAO is an international publicly-owned establishment whose seat is fixed in Dakar. In addition to the emission of the currency symbols in the Member States of the Union of which it has the exclusive privilege, the BCEAO has in load:

it centralization of the reserves of currencies of the Union

it management of the monetary policy of the Member States of the Union

held it of the accounts of the (French) Treasury of the States of the Union

it definition of the banking law applicable to the banks and the financial establishments

The BCEAO enjoys the exclusive privilege of the monetary emission on the whole of the Member States of the African Western Monetary Union.

It emits currency symbols, tickets and coins, which have legal tender and legal tender capacity in the whole of the Member States of the Union. Creation, the emission and the cancellation of the currency symbols are decided by the Council of Ministers.

Notwithstanding the development of the scriptural means of payment, the use of tickets and coins continue to occupy a relatively important place in the transactions of the economic agents. The movements of bills between the States are supported by the unicity of the currency symbols.

As regards impression, the Central Bank undertakes permanent research relating to the authentification of the currency symbols, in order to reinforce the safety of the tickets which it issues. It is within this framework that it is advisable to register the decisions taken respectively in 1977, 1991et in 2002, aiming renewing and at supplementing the range of the bills and the coins in circulation.

The Central Bank also has the role of managing the monetary policy of the Member States of the Union. This monetary policy aims to:

- to adjust the total liquidity of the economy according to the evolution of the economic situation, to ensure a price stability

- to promote the economic growth.

The organization and monitoring of banking

The Central Bank defines the regulation applicable to the banks and financial establishments and exerts in their connection of the functions of monitoring. Within this framework, the Commission Banking, created on April 24, 1990 and chaired by the Governor of the BCEAO, is charged to take care of the organization and the control of the banking structure in the UMOA. The BCEAO ensures the Secretariat-general of the Banking Commission.

The Central Bank assists, with their request, the Governments of the States of the Union in their relationships to the financial and monetary institutions international and in the negotiations which they undertake for the concluding of international financial agreements. It can be in charge of the execution of these agreements under the conditions fixed by the conventions approved by the Board of directors. Being in particular the relations of the States with the International Monetary International Monetary Funds, the Central Bank ensures the role of financial agent, under the terms of the provisions of the Convention of September 24, 1981 signed between it and the Member States.

The Issuing house assists also the States in the fields of the definition and the follow-up of the execution of the programmes of adjustment as well as management of the debt. In particular, it assists the Governments in the negotiations of rééchelonnement of their foreign debt. The Issuing house also brings its contest in the design, the harmonization and the application of texts relating to the regulation of the foreign financial relations. It is within this framework in particular that it ensures, on behalf of the States, the establishment of their balance of payments.

The Central Bank takes an active part in the reflections carried out with the partners of the Free zone in the fields of the reform of the insurances, the social welfare, the mobilization of the saving, the right of the businesses, as well as economic observatory of the Free zone and regional poles of formation.

The Central Bank developed a policy of formation with the profit of its agents which it extended, thereafter, with the financial banks and establishments, the economic and financial administrations of the Member States, like with those of certain countries of the under-area. This formation is ensured by the African Western Center of Formation and Banking Studies (COFEB), located at the Head office of the BCEAO. The creation of this center answered the need for harmonizing the management training of the banking environment, and for bringing a more regional dimension there.

Since its creation in August 1977, the COFEB formed 1407 agents distributed of 23 promotions, on behalf of the national Administrations (420), of the Financial Banks and Etablissements (213), other Central Banks (10) and BCEAO (764). The COFEB succeeds thus the Center of Formation of Abidjan which, before, formed the executives of the BCEAO.

II.1.5.2 Banks it Western African of Development (BOAD)

 

The African Western Bank of Development (BOAD) is the common institution of financing of the development of the States of the African Western Monetary Union (UMOA), transformed into a African Western Union Economic and Monetary (UEMOA) by Traité of January 10, 1994. It is created by Traité signed on November 14, 1973 by its Member States. The Member States of the BOAD are: the Benign one, Burkina, the Ivory Coast, Guinea Bissau, Mali, Niger, Senegal and Togo. In accordance with the Treaty of the UEMOA come into effect on August 01, 1994, the BOAD is a common specialized agency of the Union. It contributes «in all independence to the achievement of the objectives of the UEMOA without damage of the objectives which are assigned to him by the Treaty of the UMOA»

The BOAD is a publicly-owned establishment in international matter which has as an aim, under Article 2 of its Statutes, «to promote the balanced development of the Member States and to carry out the economic integration of West Africa» by financing priority projects of rural development, basic infrastructures, modern infrastructures, telecommunications, energy, industries, transport, agricultural processing industries, tourism and other services. Are members of the BOAD and take part in its capital and its administration:

- Regular members of actions of Benign series a:, Burkina Faso, Ivory Coast, Guinea Bissau, Mali, Niger, Senegal, Togo and the Central Bank of the States of West Africa (BCEAO), issuing house common to the eight Member States;

them regular members of actions of series b: France, Germany, European Union, the African Bank of Development (BAD), the Kingdom of Belgium.

The capital subscribes of an amount of 350 billion F CFA set out again between the shareholders of category A and those of category B to the amount of 95,96% and 4,04% respectively.

The BOAD has in its center three specialized structures : Cauris Investment SA, Guarantee funds of the Investments Deprived in West Africa (GARI) and the Swiss Project of Use of the Funds (PUFS).

Cauris Investissement SA is the first joint stock company Investment with sous-régionale vocation whose activity covers the eight Member States of the Union.
All the branches of industry are eligible with the interventions of Cauris Investissement SA except for the companies of entertainment for adults and the companies of manufacture of weapons.

Cauris Investissement SA intervenes in own capital stocks (capital or quasi-capital) in the companies having a strong profitability and growth potential. Its interventions can take the following legal forms:simple or privileged actions; convertible obligations or with goods of application for shares; participative loans, accounts - currents of associates.

The activity at December 31, 2003, the interventions of Cauris Investissement SA relate to participations in 40 operations for an amount of 5,9 billion F CFA.

Cauris Investissement SA takes participations to the amount of 10 to 250 million F CFA accounting for 10 to 35% of the authorized capital of the company.

The average duration of intervention generally ranges between 4 and 8 years under the terms of which the shares of Cauris Investissement SA are repurchased, either by the former shareholders, or by introduction out of purse, or by transfer with thirds in full agreement with the majority shareholders. Throughout all partnership, the person in charge for the file remains with the listening of the company and brings support and council with the Head of undertaking for the decisions of strategic nature without involving itself in the daily management of the company.

Constituted on the initiative of international organizations of development, joining together Trade banks and financial establishments established in the Economic Community of the States of West Africa, the Guarantee funds of the Investments Deprived in West Africa (GARI) has as an ambition to facilitate the access of the private companies of the area with the financings in the medium and long term, by the division, with the credit institutions, of the risks related to these operations. Gari is a limited company whose seat is located in Lome.

The countries of intervention are firstly the eight members of the Union and incidentally all the other members of CEDEAO.
The eligible companies are those concerning the private sector and carrying on their activities in the following fields: manufacturing industry, agricultural processing industry, fishing, mines, tourism, Construction industries, transport, hotel trade, agriculture.

The guarantee is delivered in the currency of the loan, for one duration maximum 10 years.
The maximum share is fixed at 50% of the loan authorized by the credit institution. In the event of simultaneous recourse with other guarantee funds, the cover rate cumulated is reached a maximum to 60% of incur in the main thing of the loan.
To be eligible, the secured credits must reach, except particular cases, an amount equal to against value of 100 million FCFA.

Gari has just extended its activities to the guarantee of the operations of lifting of resources on the financial markets and monetarists thorough.

The Swiss Project of Use of the Funds (PUFS) is a cell of Coordination installation within the BOAD within the framework of the agreements concluded between the Bank and the Government from the Swiss Confederation on December 20, 1993, to be used as point of application for the implementation of the Swiss financial assistance in favor of the countries of the UEMOA. The PUFS became operational in January 1994. Its principal objective is to accompany an experimental process of intervention by the BOAD in favor of the basic organizations (OB) by financing the operations in the form of subsidy and of credit.

The OB are the groupings, associations of development, co-operatives, etc legally recognized and carrying on activities in the sectors of the rural development, the craft industry, the microfinance, etc.

The Swiss Project of Use of the Funds (PUFS) supports operations of development at base (ODB) in general comprising two main categories of components: generating activities of incomes and employment (AGR/E) or activities profitable and measurements of accompaniment to reinforce the capacities of organization and management of the OB and their activities in social matter.

The components in social matter are for example health, education, the drinking water supply of the populations. They contribute in particular to the qualitative improvement of the living conditions of the populations.

The PUFS cannot finance operations exclusively limited to measurements of accompaniment and the social sector, including in a program of development. On the other hand, it can support operations in the form of credit with 100% (generally within the framework of a program of development cofinanced with other financial partners).

The PUFS is opened with the cofinancing of ODB with other financial partners in order to increase the action leverage of its interventions, to exchange experiments within the framework of integrated programs of development.

The office plurality of the resources mobilized by the Bank since the starting of its operational activities into 1976 rises, at December 31, 2003, 341 billion FCFA, including 317 billion resources of loan and 24 billion nonrefundable contests.  

 

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