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;
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 our common vision of a united and strong Africa
and by the need to build a partnership between governments and all segments of
civil society, in particular women, youth and the private sector, in order to
strengthen solidarity and cohesion among our peoples;
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:
Article 1
Definitions
In this Constitutive Act:
"Act" means the present Constitutive Act;
"AEC" means the African Economic Community;
"Assembly" means the Assembly of Heads of State and Government of
the Union;
"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.
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Article 2
Establishment
The African Union is hereby established in accordance with the
provisions of this Act.
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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 integrity and 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 institutions, popular
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;
(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 international partners in the eradication of
preventable diseases and the promotion of good health on the continent.
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Article 4
Principles
The Union shall function in accordance with the following
principles:
(a) sovereign equality and interdependence among Member States of the
Union;
(b) respect of borders existing on achievement of independence;
(c) participation of the African peoples in the activities of the Union;
(d) establishment of a common defence policy for the African Continent;
(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 of
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.
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Article 5
Organs of the Union
1. The organs of the Union shall be:
(a) The Assembly of the Union;
(b) The Executive Council;
(c) The Pan-African Parliament;
(d) The Court of Justice;
(e) The Commission;
(f) The Permanent Representatives Committee;
(g) The Specialized Technical Committees;
(h) The Economic, Social and Cultural Council;
(i) The Financial Institutions;
2. Other organs that the Assembly may decide to establish.
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Article 6
The Assembly
1. The Assembly shall be composed of Heads of States and
Government or their duly accredited representatives.
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.
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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 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 Assembly.
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Article 8
Rules of Procedure of the Assembly
The Assembly shall adopt its own Rules of Procedure.
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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 and 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;
(i) 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.
2. The Assembly may delegate any of its powers and
functions to any organ of the Union.
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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.
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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.
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Article 12
Rules of Procedure of the Executive Council
The Executive Council shall adopt its own Rules of Procedure.
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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 animal resources, livestock production and
forestry;
(d) water resources and irrigation;
(e) environmental protection, humanitarian action and disaster response
and relief;
(f) transport and communications;
(g) insurance;
(h) education, culture, health and human resources development;
(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.
2. 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.
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.
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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 on Rural Economy and Agricultural Matters;
(b) The Committee on Monetary and Financial Affairs;
(c) The Committee on Trade, Customs and Immigration Matters;
(d) The Committee on Industry, Science and Technology, Energy, Natural
Resources and Environment;
(e) The Committee on Transport, Communications and Tourism;
(f) The Committee on Health, Labour and Social Affairs; and
(g) The Committee on Education, Culture and Human Resources.
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.
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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.
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Article 16
Meetings
Subject to any directives 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.
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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.
2. The composition, powers, functions and organization of the
Pan-African Parliament shall be defined in a protocol relating thereto.
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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.
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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) The African Central Bank;
(b) The African Monetary Fund;
(c) The African Investment Bank.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Article 30
Suspension
Governments which shall come to power through unconstitutional
means shall not be allowed to participate in the activities of the Union.
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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.
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.
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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.
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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.
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.
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IN WITNESS WHEREOF, WE have adopted this Act.
Done at Lome, Togo, this 11th day of July, 2000.
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
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
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
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. 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
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
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
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
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
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