The Africa Governance Report The African Charter on Values and Principles of Public Service and Administration (2011) (Public Service Charter) reiterates the political commitment of Member States to strengthen professionalism and ethics in the public service. Its objectives include: encouraging citizens and users of public services to participate in public administration processes, promoting transparent service delivery, improving the working conditions of public service agents and ensuring the protection of their rights, promoting gender equality within public service and administration structures and, encouraging the harmonization of policies and procedures and the exchange of experiences and best practices among Member States. Member States undertook to pursue these objectives in compliance with the principles of impartiality, fairness and due process in the delivery of public services. They also agreed to adopt a culture of accountability, integrity, and transparency in the public service and administration. 4.3 The Parameters for Measurement of Constitutionalism and the Rule of Law Eight parameters are used to measure the extent to which Member States are practising constitutionalism and the rule of law : (i) respect for law, (ii) respect for and enforcement of human rights, (iii) public participation in governance, (iv) accountability of the executive, (v) effectiveness of the bureaucracy (vi) independence and accountability of the legislature (vii) independence and accountability of the judiciary and (viii) access to justice. 4.4 The Practice of Constitutionalism and the Rule of Law in AU Member States The AU Constitutive Act establishes an institutional framework that Member States can use to achieve the objectives of the Union. This framework consists of: The Assembly of the Union, the Executive Council, the Pan-African Parliament, the Court of Justice, the Commission, the Permanent Representatives Committee, the Specialised Technical Committee, the Economic, Social and Cultural Council and the Financial Institutions.24 The following summarises performance in the eight parameters mentioned above (Section 4.4). 4.4.1 Respect for the Rule of Law Respecting the rule of law means observing the requirements of the law. It means that members of the society and its institutions should habitually comply with the legally established principles and procedures. The following factors continue to negatively affect the respect for law in African countries: selective application of the law, disregard for public procurement rules and procedures, failure to respect court decisions, neglect of local and customary practices for dealing with crime and incumbent presidents manipulating the law and legal processes to retain power. 4.4.2 The Promotion and Protection of Human Rights Many AU Member States have ratified the African Charter on Human and Peoples’ Rights. However, most have not been assiduous in submitting reports on the implementation of this treaty.25 Only ten states are in full compliance with their reporting obligations under the Maputo Protocol. 24 Constitutive Act of the African Union, Article 5 25 African Commission on Human and Peoples’ Rights, 2016. State Reports and Concluding Observations (2016). Page 46 of 96