The Africa Governance Report donors, a situation which limits their independence and impartiality. High costs (in terms of information, access, money and time) have also made it difficult for victims of human rights violations to pursue their claims before these courts. Such constraints have limited the capacity of these courts to significantly influence human rights outcomes on the ground. There is also need to clarify the relationship between the African Court of Human and Peoples’ Rights and these regional courts.64 RECs also deploy teams to observe elections in their Member States, a process that in some cases entails sending fact-finding teams ahead of the missions to study and assess the general environment prior to the elections. However, the election observation initiatives of the RECs and the African Union are not adequately coordinated, even if there is ad hoc cooperation between them that includes the exchange of information and joint evaluation of the pre-election environment. There is therefore need for these institutions to establish a framework for cooperation in this important area of governance.65 7.5 Assessing the Role of RECs in Governance The main areas of examination are: (i) Is there alignment of REC Treaties with the Constitutive Act of the African Union? (ii) What is the division of labour between the AU and RECs in observation of elections? (iii) do REC guidelines for the conduct of elections align with those of the AU? (iv) What is the division of labour between the AU and the REC in peace and security activities, what are the harmonization mechanisms and how are they coordinated? (v) What are the approaches of RECs to the realization of the AU Agenda 2063? (vi) Are there mechanisms for monitoring REC implementation of AU shared values instruments? 7.6 Observations on the Relationships between the AU and RECs Four issues are crucial in the relationships between the AU with RECs: alignment of the REC treaties with the Constitutive Act, division of labour, the implementation of the AU Agenda 2016 and monitoring of implementation of the AU shared values instruments. 64 65 7.6.1 Alignment of REC Treaties with the Constitutive Act of the AU The varying origins and histories of the RECs mean that their treaties are not based on the Constitutive Act. 7.6.2 Division of Labour Between the AU and RECs RECs consider that there is clear division of labour between the AU and RECs regarding promotion of democracy and observation of elections. Both the AU and RECs send election observers, and communicate on arrangements of the observation teams. Sometimes there are even more complex arrangements involving observation teams from the AU, the REC in which the Member State conducting the election belongs, and observers from other RECs regarding peace and security. The AU has agreements with RECs and regional mechanisms to operationalise their objectives. However, operational harmonization and coordination are often constrained by a number of factors, including limited capacities and inadequate financial resources. Some RECs or countries within RECs have their own arrangements that often bypass the official structures. Nwauche 2009; Abebe 2016; Ruppel 2009. UNISA (University of South Africa), Management of Democratic Elections in Africa, 2014; Nwauche, 2013; Ruppel, 2009. Page 83 of 96