View source for Chinweizu/PASP/The Constitutive Act of the African Union (2002)

<center>'''CONSTITUTIVE ACT OF THE AFRICAN UNION'''</center>
:We, Heads of State and Government of the Member States of the
Organization of African Unity (OAU):<br />

# The President of the People’s Democratic Republic of Algeria
# The President of the Republic of Angola
# The President of the Republic of Benin
# The President of the Republic of Botswana
# The President of Burkina Faso
# The President of the Republic of Burundi
# The President of the Republic of Cameroon
# The President of the Republic of Cape Verde
# The President of the Central African Republic
# The President of the Republic of Chad
# The President of the Islamic Federal Republic of the Comoros
# The President of the Republic of the Congo
# The President of the Republic of Côte d’Ivoire
# The President of the Democratic Republic of Congo
# The President of the Republic of Djibouti
# The President of the Arab Republic of Egypt
# The President of the State of Eritrea
# The Prime Minister of the Federal Democratic Republic of Ethiopia
# The President of the Republic of Equatorial Guinea
# The President of the Gabonese Republic
# The President of the Republic of The Gambia
# The President of the Republic of Ghana
# The President of the Republic of Guinea
# The President of the Republic of Guinea Bissau
# The President of the Republic of Kenya
# The Prime Minister of Lesotho
# The President of the Republic of Liberia
# The Leader of the 1 st of September Revolution of the Great Socialist People’s Libyan Arab Jamahiriya
# The President of the Republic of Madagascar
# The President of the Republic of Malawi
# The President of the Republic of Mali
# The President of the Islamic Republic of Mauritania
# The Prime Minister of the Republic of Mauritius
# The President of the Republic of Mozambique
# The President of the Republic of Namibia
# The President of the Republic of Niger
# The President of the Federal Republic of Nigeria
# The President of the Republic of Rwanda
# The President of the Sahrawi Arab Democratic Republic
# The President of the Republic of Sao Tome and Principe
# The President of the Republic of Senegal
# The President of the Republic of Seychelles
# The President of the Republic of Sierra Leone
# The President of the Republic of Somalia
# The President of the Republic of South Africa
# The President of the Republic of Sudan
# The King of Swaziland
# The President of the United Republic of Tanzania
# The President of the Togolese Republic
# The President of the Republic of Tunisia
# The President of the Republic of Uganda
# The President of the Republic of Zambia
# The President of the Republic of Zimbabwe

:'''INSPIRED''' by the noble ideals which guided the founding fathers of our Continental Organization and generations of Pan- Africanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples of Africa and African States;<br />

:'''CONSIDERING''' the principles and objectives stated in the Charter of the Organization of African Unity and the Treaty establishing the African Economic Community;

:'''RECALLING''' the heroic struggles waged by our peoples and our countries for political independence, human dignity and economic emancipation;

:'''CONSIDERING''' that since its inception, the Organization of African Unity has played a determining and invaluable role in the liberation of the continent, the affirmation of a common identity and the process of attainment of the unity of our continent and has provided a unique framework for our collective action in Africa and in our relations with the rest of the world.

:'''DETERMINED''' to take up the multifaceted challenges that confront our continent and peoples in the light of the social, economic and political changes taking place in the world;

:'''CONVINCED''' of the need to accelerate the process of implementing the Treaty establishing the African Economic Community in order to promote the socio-economic development of Africa and to face more effectively the challenges posed by globalization; 

:'''GUIDED''' by and by the need segments of civil sector, in order peoples; our common vision of a united and strong Africa to build a partnership between governments and all society, in  articular women, youth and the private to strengthen solidarity and cohesion among our

:'''CONSCIOUS''' of the fact that the scourge of conflicts in Africa constitutes a major impediment to the socio -economic development of the continent and of the need to promote peace, security and stability as a prerequisite for the implementation of our development and integration agenda;

:'''DETERMINED''' to promote and protect human and peoples’ rights, consolidate democratic  institutions and culture, and to ensure good governance and the rule of law;

:'''FURTHER DETERMINED''' to take all necessary measures to strengthen our common institutions and provide them with the necessary powers and resources to enable them discharge their respective mandates effectively;

:'''RECALLING''' the Declaration which we adopted at the Fourth Extraordinary Session of our Assembly in Sirte, the Great Socialist People’s Libyan Arab Jamahiriya, on 9.9. 99, in which we decided to establish an African Union, in conformity with the ultimate objectives of the Charter of our Continental Organization and the Treaty establishing the African Economic Community;

'''HAVE AGREED AS FOLLOWS'''

<center>Article 1</center>
<center>Definitions</center>

In this Constitutive Act:
“Act” means the present Constitutive Act;
“AEC” means the African Economic Community;
“Assembly” means the
Government of the Union;
Assembly
of
Heads
of
State
and
“Charter” means the Charter of the OAU;
“Commission” means the Secretariat of the Union;
“Committee” means a Specialized Technical Committee of the
Union;
“Council” means the Economic, Social and Cultural Council of
the Union;
“Court ” means the Court of Justice of the Union;
“Executive Council” means the Executive Council of Ministers of
the Union;
“Member State” means a Member State of the Union;
“OAU” means the Organization of African Unity;
“Parliament” means the Pan-African Parliament of the Union;
“Union” means the African Union established by the present
Constitutive Act.5
Article 2
Establishment
The African Union is hereby established in accordance with the
provisions of this Act.
Article 3
Objectives
The objectives of the Union shall be to:
(a) achieve greater unity and solidarity between the African
countries and the peoples of Africa;
(b) defend
the
sovereignty,
territorial
independence of its Member States;
(c) accelerate the political and socio-economic integration of
the continent;
(d) promote and defend African common positions on issues
of interest to the continent and its peoples;
(e) encourage international cooperation, taking due account
of the Charter of the United Nations and the Universal
Declaration of Human Rights;
(f) promote peace, security, and stability on the continent;
(g) promote democratic principles and
participation and good governance;
(h) promote and protect human and peoples’ rights in
accordance with the African Charter on Human and
Peoples’ Rights and other relevant human rights
instruments;
(i) establish the necessary conditions which enable the
continent to play its rightful role in the global economy
and in international negotiations;
integrity
institutions,
and
popular6
(j) promote sustainable development at the economic, social
and cultural levels as well as the integration of African
economies;
(k) promote co-operation in all fields of human activity to
raise the living standards of African peoples;
(l) coordinate and harmonize the policies between the
existing and future Regional Economic Communities for
the gradual attainment of the objectives of the Union;
(m) advance the development of the continent by promoting
research in all fields, in particular in science and
technology;
(n) work
with
relevant
internati onal
partners
in
the
eradication of preventable diseases and the promotion of
good health on the continent.
Article 4
Principles
The Union
principles:
shall
function
in
accordance
with
the
following
(a) sovereign equality and interdependence among Member
States of the Union;
(b) respect
of
borders
independence;
(c) participation of the African peoples in the activities of the
Union;
(d) establishment of a common defence policy for the African
Continent;
existing
on
achievement
of7
(e) peaceful resolution of conflicts among Member States of
the Union through such appropriate means as may be
decided upon by the Assembly;
(f) prohibition of the use of force or threat to use force among
Member States of the Union;
(g) non-interference by any Member State in the internal
affairs o f another;
(h) the right of the Union to intervene in a Member State
pursuant to a decision of the Assembly in respect of grave
circumstances, namely: war crimes, genocide and crimes
against humanity;
(i) peaceful co-existence of Member States and their right to
live in peace and security;
(j) the right of Member States to request intervention from
the Union in order to restore peace and security;
(k) promotion of self -reliance within the framework of the
Union;
(l) promotion of gender equality;
(m) respect for democratic principles, human rights, the rule
of law and good governance;
(n) promotion of social justice to ensure balanced economic
development;
(o) respect for the sanctity of human life, condemnation and
rejection of impunity and political assassination, acts of
terrorism and subversive activities;
(p) condemnation and rejection of unconstitutional changes of
governments.8
Article 5
Organs of the Union
1.
The organs of the Union shall be:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
2.
The Assembly of the Union;
The Executive Council;
The Pan-African Parliament;
The Court of Justice;
The Commission;
The Permanent Representatives Committee;
The Specialized Technical Committees;
The Economic, Social and Cultural Council;
The Financial Institutions;
Other organs that the Assembly may decide to establish.
Article 6
The Assembly
1. The Assembly shall be composed of Heads of
Government or their duly accredited representatives.
States
and
2. The Assembly shall be the supreme organ of the Union.
3. The Assembly shall meet at least once a year in ordinary
session. At the request of any Member State and on approval by
a two-thirds majority of the Member States, the Assembly shall
meet in extraordinary session.
4. The Office of the Chairman of the Assembly shall be held for a
period of one year by a Head of State or Government elected
after consultations among the Member States.
Article 7
Decisions of the Assembly
1.
The Assembly shall take its decisions by consensus or, failing
which, by a two-thirds majority of the Member States of the
Union. However, procedural matters, including the question of9
whether a matter is one of procedure or not, shall be decided by
a simple majority.
2.
Two-thirds of the total membership of the Union shall form a
quorum at any meeting of the Assembly.
Article 8
Rules of Procedure of the Assembly
The Assembly shall adopt its own Rules of Procedure.
Article 9
Powers and Functions of the Assembly
1.
The functions of the Assembly shall be to:
(a) determine the common policies of the Union;
(b) receive, consider and take decisions on reports
recommendations from the other organs of the Union;
(c) consider requests for Membership of the Union;
(d) establish any organ of the Union;
(e) monitor the implementation of policies and decisions of
the Union as well ensure compliance by all Member
States;
(f) adopt the budget of the Union;
(g) give directives to the Executive Council on the
management of conflicts, war and other emergency
situations and the restoration of peace;
(h) appoint and terminate the appointment of the judges of
the Court of Justice;
and10
(i)
2.
appoint the Chairman of the Commission and his or her
deputy or deputies and Commissioners of the Commission
and determine their functions and terms of office.
The Assembly may delegate any of its powers and functions to
any organ of the Union.
Article 10
The Executive Council
1. The Executive Council shall be composed of the Ministers of
Foreign Affairs or such other Ministers or Authorities as are
designated by the Governments of Member States.
2. The Executive Council shall meet at least twice a year in
ordinary session. It shall also meet in an extra-ordinary session
at the request of any Member State and upon approval by two -
thirds of all Member States.
Article 11
Decisions of the Executive Council
1. The Executive Council shall take its decisions by consensus or,
failing which, by a two-thirds majority of the Member States.
However, procedural matters, including the question of whether
a matter is one of procedure or not, shall be decided by a simple
majority.
2. Two-thirds of the total membership of the Union shall form a
quorum at any meeting of the Executive Council.
Article 12
Rules of Procedure of the Executive Council
The Executive Council shall adopt its own Rules of Procedure.11
Article 13
Functions of the Executive Council
1.
The Executive Council shall coordinate and take decisions on
policies in areas of common interest to the Member States,
including the following:
(a) foreign trade;
(b) energy, industry and mineral resources;
(c) food,
agricultural
and
production and forestry;
(d) water resources and irrigation;
(e) environmental
protection,
disaster response and relief;
(f) transport and communications;
(g)
2.
animal
resources,
humanitarian
livestock
action
and
insurance;
(h) education,
culture,
development;
health
and
human
resources
(i) science and technology;
(j) nationality, residency and immigration matters;
(k) social security, including the formulation of mother and
child care policies, as well as policies relating to the
disabled and the handicapped;
(l) establishment of a system of African awards, medals and
prizes.
The Executive Council shall be responsible to the Assembly. It
shall consider issues
referred
to
it
and
monitor
the
implementation of policies formulated by the Assembly.12
3.
The Executive Council may delegate any of its powers and
functions mentioned in paragraph 1 of this Article to the
Specialized Technical Committees established under Article 14
of this Act.
Article 14
The Specialized Technical Committees
Establishment and Composition
1.
There is hereby established the following Specialized Technical
Committees, which shall be responsible to the Executive
Council:
(a) The Committee
Matters;
on
(b) The Committee on Monetary and Financial Affairs; (c) The Committee
Matters; and Immigration
(d) The Committee on Industry, Science and
Energy, Natural Resources and Environment; Technology,
(e) The Committee
Tourism; (f) The Committee on Health, Labour and Social Affairs; and
(g) The Committee
Resources.
on
on
on
Rural
Trade,
Economy
Customs
Transport,
Education,
and
Agricultural
Communications
Culture
and
and
Human
2. The Assembly shall, whenever it deems appropriate, restructure
the existing Committees or establish other Committees.
3. The Specialized Technical Committees shall be composed of
Ministers or senior officials responsible for sectors falling within
their respective areas of competence.13
Article 15
Functions of the Specialized Technical Committees
Each Committee shall within its field of competence:
(a) prepare projects and programmes of the Union and submit
it to the Executive Council;
(b) ensure the supervision, follow-up and the evaluation of the
implementation of decisions taken by the organs of the
Union;
(c) ensure the coordination and harmonization of projects and
programmes of the Union;
(d) submit to the Executive Council either on its own initiative
or at the request of the Executive Council, reports and
recommendations on the implementation of the provisions
of this Act; and
(e) carry out any other functions assigned to it for the
purpose of ensuring the implementation of the provisions
of this Act.
Article 16
Meetings
Subject to any di rectives given by the Executive Council,
each Committee shall meet as often as necessary and shall
prepare its Rules of Procedure and submit them to the
Executive Council for approval.
Article 17
The Pan-African Parliament
1.
In order to ensure the full participation of African peoples in the
development and economic integration of the continent, a Pan -
African Parliament shall be established.14
2.
The composition, powers, functions and organization of the Pan -
African Parliament shall be defined in a protocol relating
thereto.
Article 18
The Court of Justice
1. A Court of Justice of the Union shall be established;
2. The statute, composition and functions of the Court of Justice
shall be defined in a protocol relating thereto.
Article 19
The Financial Institutions
The Union shall have the following financial institutions whose
rules and regulations shall be defined in protocols relating thereto:
(a)
(b)
(c)
The African Central Bank;
The African Monetary Fund;
The African Investment Bank.
Article 20
The Commission
1. There shall be established a Commission of the Union, which
shall be the Secretariat of the Union.
2. The Commission shall be composed of the Chairman, his or her
deputy or deputies and the Commissioners.
They shall be
assisted by the necessary staff for the smooth functioning of the
Commission.
3. The structure, functions and regulations of the Commission
shall be determined by the Assembly.15
Article 21
The Permanent Representatives Committee
1. There shall be established a Permanent Representatives
Committee. It shall be composed of Permanent Representatives
to the Union and other Plenipotentiaries of Member States.
2. The Permanent Representatives Committee shall be charged
with the responsibility of preparing the work of the Executive
Council and acting on the Executive Council’s instructions. It
may set up such sub-committees or working groups as it may
deem necessary.
Article 22
The Economic, Social and Cultural Council
1. The Economic, Social and Cultural Council shall be an advisory
organ composed of different social and professional groups of
the Member States of the Union.
2. The functions, powers, composition and organization of the
Economic, Social and Cultural Council shall be determined by
the Assembly.
Article 23
Imposition of Sanctions
1. The Assembly shall determine the appropriate sanctions to be
imposed on any Member State that defaults in the payment of
its contributions to the budget of the Union in the following
manner: denial of the right to speak at meetings, to vote, to
present candidates for any position or post within the Union or
to benefit from any activity or commitments, therefrom;
2. Furthermore, any Member State that fails to comply with the
decisions and policies of the Union may be subjected to other
sanctions, such as the denial of transport and communications
links with other Member States, and other measures of a
political and economic nature to be determined by the
Assembly.16
Article 24
The Headquarters of the Union
1. The Headquarters of the Union shall be in Addis Ababa in the
Federal Democratic Republic of Ethiopia.
2. There may be established such other offices of the Union as the
Assembly may, on the recommendation of the Executive
Council, determine.
Article 25
Working Languages
The working languages of the Union and all its institutions shall
be, if possible, African languages, Arabic, English, French and
Portuguese.
Article 26
Interpretation
The Court shall be seized with matters of interpretation arising
from the application or implementation of this Act.
Pending its
establishment, such matters shall be submitted to the Assembly of
the Union, which shall decide by a two-thirds majority.
Article 27
Signature, Ratification and Accession
1. This Act shall be open to signature, ratification and accession
by the Member States of the OAU in accordance with their
respective constitutional procedures.
2. The instruments of ratification shall be deposited with the
Secretary-General of the OAU.
3. Any Member State of the OAU acceding to this Act after its entry
into force shall deposit the instrument of accession with the
Chairman of the Commission.17
Article 28
Entry into Force
This Act shall enter into force thirty (30) days after the deposit of
the instruments of ratification by two -thirds of the Member States of
the OAU.
Article 29
Admission to Membership
1. Any African State may, at any time after the entry into force of
this Act, notify the Chairman of the Commission of its intention
to accede to this Act and to be admitted as a member of the
Union.
2. The Chairman of the Commission shall, upon receipt of such
notification, transmit copies thereof to all Member States.
Admission shall be decided by a simple majority of the Member
States. The decision of each Member State shall be transmitted
to the Chairman of the Commission who shall, upon receipt of
the required number of votes, communicate the decision to the
State concerned.
Article 30
Suspension
Governments
which
shall
come
to
power
through
unconstitutional means shall not be allowed to participate in the
activities of the Union.
Article 31
Cessation of Membership
1.
Any State which desires to renounce its membership shall
forward a written notification to the Chairman of the
Commission, who shall inform Member States thereof. At the
end of one year from the date of such notification, if not
withdrawn, the Act shall cease to apply with respect to the
renouncing State, which shall thereby cease to belong to the
Union.18
2.
During the period of one year referred to in paragraph 1 of this
Article, any Member State wishing to withdraw from the Union
shall comply with the provisions of this Act and shall be bound
to discharge its obligations under this Act up to the date of its
withdrawal.
Article 32
Amendment and Revision
1. Any Member State may submit proposals for the amendment or
revision of this Act.
2. Proposals for amendment or revision shall be submitted to the
Chairman of the Commission who shall transmit same to
Member States within thirty (30) days of receipt thereof.
3. The Assembly, upon the advice of the Executive Council, shall
examine these proposals within a period of one year following
notification of Member States, in accordance with the provisions
of paragraph 2 of this Article;
4. Amendments or revisions shall be adopted by the Assembly by
consensus or, failing which, by a two-thirds majority and
submitted for ratification by all Member States in accordance
with their respective constitutional procedures. They shall enter
into force thirty (30) days after the deposit of the instruments of
ratification with the Chairman of the Commission by a two-
thirds majority of the Member States.
Article 33
Transitional Arrangements and Final Provisions
1.
This Act shall replace the Charter of the Organization of African
Unity. However, the Charter shall remain operative for a
transitional period of one year or such further period as may be
determined by the Assembly, following the entry into force of the
Act, for the purpose of enabling the OAU/AEC to undertake the
necessary measures regarding the devolution of its assets and
liabilities to the Union and all matters relating thereto.19
2. The provisions of this Act shall take precedence over and
supersede any inconsistent or contrary provisions of the Treaty
establishing the African Economic Community.
3. Upon the entry into force of this Act, all necessary measures
shall be undertaken to implement its provisions and to ensure
the establishment of the organs provided for under the Act in
accordance with any directives or decisions which may be
adopted in this regard by the Parties thereto within the
transitional period stipulated above.
4. Pending the establishment of the Commission, the OAU General
Secretariat shall be the interim Secretariat of the Union.
5. This Act, drawn up in four (4) original texts in the Arabic,
English, French and Portuguese languages, all four (4) being
equally authentic, shall be deposited with the Secretary-General
of the OAU and, after its entry into force, with the Chairman of
the Commission who shall transmit a certified true copy of the
Act to the Government of each signatory State. The Secretary-
General of the OAU and the Chairman of the Commission shall
notify all signatory States of the dates of the deposit of the
instruments of ratification or accession and shall upon entry
into force of this Act register the same with the Secretariat of the
United Nations.
IN WITNESS WHEREOF, WE have adopted this Act.
Done at Lome, Togo, this 11 th day of July, 2000.20
CONSTITUTIVE ACT OF THE AFRICAN UNION
ADOPTED BY THE THIRTY-SIXTH ORDINARY SESSION OF THE
ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
11 JULY, 2000 – LOME, TOGO
1.
People’s Democratic Republic of Algeria
.................................................................
2.
Republic of Angola
..................................................................
3.
Republic of Benin
..................................................................
4.
Republic of Botswana
....................................................................
5.
Burkina Faso
....................................................................21
6.
Republic of Burundi
....................................................................
7.
Republic of Cameroon
....................................................................
8.
Republic of Cape Verde
..................................................................
9.
Central African Republic
....................................................................
10.
Republic of Chad
....................................................................
11.
Islamic Federal Republic of the Comoros
........................................................................22
12.
Republic of the Congo
....................................................................
13.
Republic of Côte d’Ivoire
....................................................................
14.
Democratic Republic of Congo
......................................................................
15.
Republic of Djibouti
....................................................................
16.
Arab Republic of Egypt
....................................................................
17.
State of Eritrea
....................................................................23
18.
Federal Democratic Republic of Ethiopia
....................................................................
19.
Republic of Equatorial Guinea
....................................................................
20.
Republic of Gabon
....................................................................
21.
Republic of The Gambia
....................................................................
22.
Republic of Ghana
....................................................................
23.
Republic of Guinea
....................................................................24
24.
Republic of Guinea Bissau
........................................................................
25.
Republic of Kenya
......................................................................
26.
Kingdom of Lesotho
........................................................................
27.
Republic of Liberia
......................................................................
28.
Great Socialist People’s Libyan Arab Jamahiriya
......................................................................
29.
Republic of Madagascar
........................................................................25
30.
Republic of Malawi
......................................................................
31.
Republic of Mali
......................................................................
32.
Islamic Republic of Mauritania
......................................................................
33.
Republic of Mauritius
....................................................................
34.
Republic of Mozambique
......................................................................
35.
Republic of Namibia
....................................................................26
36.
Republic of Niger
....................................................................
37.
Federal Republic of Nigeria
....................................................................
38.
Republic of Rwanda
....................................................................
39.
Sahrawi Arab Democratic Republic
....................................................................
40.
Republic of Sao Tome and Principe
......................................................................
41.
Republic of Senegal
......................................................................27
42.
Republic of Seychelles
....................................................................
43.
Republic of Sierra Leone
....................................................................
44.
Republic of Somalia
......................................................................
45.
Republic of South Africa
....................................................................
46.
Republic of Sudan
........................................................................
47.
Kingdom of Swaziland
....................................................................28
48.
United Republic of Tanzania
....................................................................
49.
Republic of Togo
......................................................................
50.
Republic of Tunisia
......................................................................
51.
Republic of Uganda
....................................................................
52.
Republic of Zambia
....................................................................
53.
Republic of Zimbabwe
..................................................................ORGANISATION OF AFRICAN UNITY
ORGANISATION DE L’ UNITE AFRICAINE
CONSTITUTIVE ACT OF THE
AFRICAN UNION
CERTIFIED COPY
.................................
Signature
OAU Legal Counsel30