UPDATE: Introduction to the Norms and Institutions of the African Union

 

By Girmachew Alemu Aneme

Update by Ufuoma Lamikanra

 

Ufuoma Lamikanra is a Lawyer and Principal Librarian at the Nigerian Institute of Advanced Legal Studies, Lagos, Nigeria, who is currently on a study leave pursuing a PhD degree at the School of Advanced Study, University of London. Ms. Lamikanra's publications include: “Law Libraries and Law Librarianship in Nigeria” in the IALL International Handbook of Legal Information Management (Danner, Richard A. & Jules Winterton, eds., Farnham: Ashgate, 2011); “Challenges of Sourcing For Legal Materials in a Globalized Economy,” 1 Babcock University Socio-Legal J. 66 (2009); and “Nigeria: Index to Federal Statutes in Force 2003” 232 et seq. (Lagos, Berean Club Pub. 2004).

 

Girmachew Alemu Aneme (PhD) is an Assistant Professor, School of Law, Addis Ababa University. He is the author of A Study of the African Union’s Right of Intervention against Genocide, Crimes against Humanity and War Crimes . Prof. Aneme also authored article titled Introduction to Ethiopian Legal System and Legal Research published on GlobaLex.

 

Published August 2015

See the Archive Version!

 

Table of Contents           

1.       Background: The Transformation of the OAU into the AU

1.1       The OAU

1.2      The Sirte Declaration and the Establishment of the African Union

2.      Membership of the African Union

3.      The Objectives and Principles 0f the African Union

3.1      Regional Integration

3.2     Peace and Security

3.3     Protection of Human Rights

3.4     Non-Intervention

3.5     Intervention

3.6     Respect for Democracy and Rule of Law

4.      The Institutions of the African Union

4.1      The Assembly

4.2     The Executive Council

4.3     The Specialized Technical Committees

4.4     The Permanent Representatives Committee

4.5     The Peace And Security Council

4.5.1     Establishment

4.5.2   Composition

4.5.3   Supporting Institutions

4.6     The Pan-African Parliament

4.7     The Court of Justice

4.8     The African Court on Human and Peoples' Rights

4.9     The African Court of Justice and Human Rights

4.10   The Commission

4.11    The Economic, Social and Cultural Council

4.12   The Financial Institutions

4.12.1      The African Monetary Fund

4.12.2     The African Investment Bank

4.13   The African Commission on Human And Peoples’ Rights

5.      Other Bodies Related to the African Union

5.1      Committee of Intelligence and Security Services of Africa (CISSA)

5.2     African Union Advisory Board on Corruption

5.3       African Union Commission on International Law (AUCIL)

5.4     Treaty Bodies, Specialized Agencies and Other Bodies

5.4.1   Inter-African Phyto-Sanitary Council (IAPSC)

5.4.2 African Civil Aviation Commission (AFCAC)

5.4.3 African Rehabilitation Institute (ARI)

5.4.4 Secretariat to the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa

5.4.5   Secretariat To The African Convention On Conservation of Nature and Natural Resources (Maputo Convention)

5.4.6 African Energy Commission (AFREC)

5.4.7   African Commission on Nuclear Energy (AFCONE)

5.4.8 African Union Institute for Statistics

5.4.9 Pan African Youth Union

5.4.10      African Airlines Association (AFRAA)

5.4.11     African Telecommunications Union (ATU)

5.4.12      Pan African Postal Union (PAPU)

5.4.13      African Union Observatory for Science, Technology And Innovation (AOSTI)

5.4.14      Pan African University (PAU)

5.4.15      African Risk Capacity (ARC) Agency

5.4.16      Pan African Intellectual Property Organisation (PAIPO)

6.      The Relation between the AU and Sub-Regional Organizations

7.      The Status of the AU Under The UN Charter

8.      The Status of the AU Treaties

9.      Key Documents

10.    Useful Links

11.     Selected Bibliography

 

1. Background: The Transformation of the OAU into the AU

 

1.1 The OAU

The Organisation of African Unity (OAU), the predecessor of the African Union, was established by the then independent states of Africa on 25 May 1963 in Addis Ababa, Ethiopia. [1]   The OAU Charter served as a roadmap for the efforts and actions of the independent African States to liberate the Continent from colonialism and apartheid. By the end of the 1970s, much of Africa was liberated from colonialism with the exception of the racist regimes in South Africa and Zimbabwe. This new reality in Africa led to the call for the review of the OAU Charter as early as 1979. The sixteenth ordinary session of the Assembly of Heads of State and Government of the OAU held in Monrovia, Liberia, in July 1979 established the OAU Charter Review Committee (the Committee) in a bid ‘to re-examine the provisions of the Charter in light of the changes and realities in Africa’. [2] The Committee was meant to make a detailed study of the OAU Charter in light of the current needs of the Continent and come up with specific proposals for new norms and institutions that would have been instrumental in responding to the atrocities like the Rwandan genocide.

 

The Committee attempted to forward a proposal for new rules and institutions that would make the Charter more effective. [3] Nevertheless, the activities of the Committee were very slow and highly marginalised because of the absence of active involvement of member States. New developments on the Continent and worldwide, such as the total liberation of African States from colonialism, the end of apartheid in South Africa, the challenges of massive human rights violations inside independent African States and intra-state and inter-state conflicts and the end of the cold war made the transformation of the OAU a necessity.

 

1.2 The Sirte Declaration and the Establishment of the African Union

By July 1999, when the OAU Thirty-fifth Assembly of Heads of State and Government met in Algiers, it was clear that the OAU Charter Review Committee had failed to achieve its purpose. The OAU Assembly of Heads of State and Government accepted a call for an extraordinary meeting on the issue of the transformation of the OAU [4] and decided to hold its 4 th extraordinary meeting ‘to discuss ways and means of making the OAU effective so as to keep pace with political and economic developments taking place in the world and the preparation required of Africa within the context of globalization so as to preserve its socio-economic and political potentials’. [5] Accordingly, the fourth extraordinary session of the OAU Assembly of Heads of State and Government met in Sirte, Libya on 8-9 September 1999 and adopted the Sirte Declaration, which inter alia called for the establishment of the African Union:

 

Article 8: ‘Having discussed frankly and extensively on how to proceed with the strengthening of the unity of our continent and its peoples, in the light of those proposals, and bearing in mind the current situation on the Continent, we decide to: (i) Establish an African Union, in conformity with the ultimate objectives of the Charter of our Continental Organization and the provisions of the Treaty establishing the African Economic Community.’ [6]

 

The Sirte Declaration did not specify the details of the new organisation. Rather the Declaration instructed the Council of Ministers and the Secretary-General of the OAU to work on the details of the establishment of the new organisation (African Union) and report their work to the next ordinary session of the OAU Assembly of Heads of State and Government. [7] Accordingly, the OAU Secretary-General established a Departmental Task Force under the Chairmanship of the OAU Assistant-Secretary General for Political Affairs to design the steps that should be taken by the OAU Secretariat to implement the Sirte Declaration. [8] The Departmental Task force recommended involvement of expert consultants to develop the preparatory documents for the Constitutive Act of the African Union in collaboration with the OAU Secretariat. [9]

 

In February 2000, a group of consultants with backgrounds in law, economics and politics met in Addis Ababa and came up with a draft Constitutive Act of the African Union. [10] After consultation by the OAU Secretariat with member states, the draft Constitutive Act together with earlier draft proposals from member states were presented to two consecutive meetings of Experts and Parliamentarians on the establishment of the African Union that were held on 17-20 April 2000 in Addis Ababa, Ethiopia and 27-29 May 2000 in Tripoli, Libya respectively. [11] The meetings of Experts and Parliamentarians reviewed the draft Constitutive Act and presented their assessment to a Ministerial Conference on the Establishment of the African Union on 31 May - 2 June 2000 in Tripoli, Libya. The Ministerial Conference reviewed the draft Constitutive Act and decided to establish a working group to further elaborate on the draft Constitutive Act. [12] The working group submitted the revised draft Constitutive Act to the Seventy-second ordinary session of the OAU Council of Ministers on 6-8 July 2000 in Lomé, Togo. [13]

 

After further deliberations, the OAU Council of Ministers approved the draft Constitutive Act and recommended its submission to the Assembly of Heads of State and Government for adoption. [14] The thirty-sixth ordinary session of the OAU Assembly of the Heads of State and Government held in Lomé, Togo on 10-12 July 2000 adopted the Constitutive Act of the African Union and urged member states of the OAU to ratify the Constitutive Act as soon as possible. [15] The fifth extraordinary meeting of the OAU Assembly of Heads of State and Government declared the political birth of the African Union and noted that the Constitutive Act of the African Union (AU) would enter in to force 30 days after the deposit of the instruments of ratification by two-thirds of the member States of the OAU, as provided for in Article 28 of the Constitutive Act. [16]  The Constitutive Act entered into force on 26 May 2001 up on ratification by two thirds of member States of the OAU replacing the OAU Charter. [17] The African Union Assembly of Heads of State and Government held its inaugural session in Durban, South Africa, on 9 July 2002. [18]

 

2. Membership of the African Union

There are three requirements for membership in the African Union (AU). First, a State should be an African State. [19] Second, a simple majority of member states supports the application for membership, [20] and third, the African State should sign and ratify the AU Constitutive Act. [21] South Sudan joined the AU as its 54th member on 27 July 2011. All African States except Morocco have ratified the AU Constitutive Act and are therefore members of the AU. [22] However, the Central African Republic, Egypt, Madagascar, Guinea Bissau and Guinea were suspended from membership of the AU. [23] Haiti was granted Observer Status on 2 February 2012 and has since submitted a formal request to become an associate member. The Assembly also recognises representatives of the African Diaspora, [24] and passed a Resolution inviting its representatives as observers to Assembly sessions. [25]

 

There are no criteria set in the Constitutive Act as standards for the vote on the request for accession. Moreover, all AU member States have the same rights and obligations. The Constitutive Act does not provide for a veto power or any kind of special status for any member State of the AU.

 

Withdrawal of membership is allowed after a member State notifies in writing its intention to renounce its membership of the Union to the Chairperson of the AU Commission, who will communicate such notification to the other State parties of the Constitutive Act. [26] The applicant should wait one year from the date of notification of its intention to renounce membership before its rights and obligations under the Constitutive Act are terminated. [27] The rights and obligations of the Member State remain intact during the one year window period. [28]   After a window period of one year, the applicant is deemed to have withdrawn its membership if it does not rescind its decision to renounce its membership. Article 12 of the Protocol on Amendments to the Constitutive Act provides for the repeal of the right to renounce membership. [29] The explanatory notes accompanying the proposal for the removal of the right recognizes that renunciation of membership is the right of member States but nevertheless argues for the deletion of the right as it has a negative connotation on the unity of the region. [30]  

 

3. The Objectives and Principles of the African Union

Articles 3 and 4 of the Constitutive Act of the AU enumerate the objectives and principles of the regional organization. The objectives and principles can be summarized into the following six interrelated areas. The first three sub-sections focus on the objectives while the rest three focus on explaining the principles that are meant to be used to achieve the objectives.

 

3.1 Regional Integration

The AU is planned to be a forum for the promotion of regional integration and African unity through socio-economic integration, continental research on all fields including science and technology and the development of common positions on issues of common interest. [31] The AU also establishes institutions that nurture solidarity among African peoples, coordinate its actions with sub-regional economic communities and forges a common front in international negotiations and cooperation. [32]

 

3.2 Peace and Security

The AU member States recognize that ‘the scourge of conflicts in Africa constitutes a major impediment to the socio-economic development of the continent.’ [33] Thus, one important objective area of the AU is the establishment of collective security system in a bid to promote peace and security as a prerequisite for development on the continent. [34] The focus on peace and security can also be gathered from the new norms and institutions of collective security that member States established. [35] AU member States pledge to strengthen and provide necessary mandate and resources to all relevant institutions including institutions for the maintenance of collective security. [36]

 

3.3 Protection of Human Rights

The protection of human rights is provided as one major objective for the establishment of the AU. One reason given by member States for establishing the AU is their determination ‘to promote and protect human and peoples’ rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law.’ [37] Thus, the AU member States set the observance of the Universal Declaration of Human Rights, and the African Charter on Human and Peoples’ Rights as one objective of the organization. [38] Moreover, the promotion of ‘democratic principles and institutions, popular participation and good governance’ is provided as an objective of the organization within the promotion and protection of the rights of African people. [39]

 

3.4 Non-Intervention

The AU Constitutive Act rules out unilateral intervention between member States. Unilateral intervention among member States is pointed out as a common security threat on the Continent. [40] Apart from the direct principle of ‘non-interference by any Member State in the internal affairs of another,’ [41] the non-intervention norm is expressed through many principles of the organisation. For instance, the Constitutive Act rejects subversive activities in member States. [42] Subversion is defined as constituting ‘any act that incites, aggravates or creates dissension within or among Member States with the intention or purpose to destabilize or overthrow the existing regime or political order by, among other means, fomenting racial, religious, linguistic, ethnic and other differences’ in violation of the Constitutive Act and the Charter of the United Nations. [43] Thus, subversion does not only include the use or threat of military force, which is prohibited under the Constitutive Act, [44] but also the non-military means of interference. [45] The Protocol on Amendments to the Constitutive Act of the AU proposes two additional principles on subversion that request ‘restraint by any Member State from entering into any treaty or alliance that is incompatible with the principles and objectives of the Union’ and prohibit ‘any Member State from allowing the use of its territory as a base for subversion against another Member State.’ [46]

 

The AU non-intervention principle is based on the principles of sovereign equality and interdependence among member States and respect of borders existing on achievement of independence. [47] The principles of ‘peaceful co-existence of Member States and their right to live in peace and security’ and the peaceful resolution of conflicts among member States are also the basis of the non-intervention norm among member States of the AU. [48]

 

3.5 Intervention

Intervention in member States under the AU constitutes unprecedented principle under international law. The AU is endowed with the right 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.’ [49] The Protocol on Amendments to the Constitutive Act of the African Union adds ‘a serious threat to legitimate order to restore peace and stability to the Member State of the Union’ as an additional element that would trigger intervention by the AU in a member State on top of crimes, genocide and crimes against humanity. [50]

 

AU member States have also agreed on the right to ‘request intervention from the Union in order to restore peace and security.’ [51] This is a case of intervention by invitation. The request for intervention from a member State is made to the Assembly of the AU, which is the highest decision-making organ. [52]

 

3.6 Respect for Democracy and Rule of Law

AU member States have acknowledged the relation between democracy, rule of law and economic development. The principles of respect for democracy, rule of law, and good governance are adopted as precondition for social justice that ensures economic development in member States of the AU. [53] The New Partnership for Africa’s Development (a.k.a NEPAD) is one framework launched by African States that links the respect for civil and political rights with the right to development in member States of the AU. [54] AU member States adopted the principle of ‘condemnation and rejection of unconstitutional changes of governments.’ [55] The rejection of impunity is also a principle adopted by the AU member States that strengthen their commitment to the rule of law. [56]

 

4. The Institutions of the African Union

Article 5 of the AU Constitutive Act provides for the establishment of the following institutions of the Union: the Assembly, the Executive Council, the Specialized Technical Committees, the Pan-African Parliament, the Court of Justice, the Financial Institutions, the Commission, the Permanent Representatives Committee, and the Economic, Social and Cultural Council. [57] Another key institution, which was not directly established by the Constitutive Act, is the AU Peace and Security Council. A brief exposition based on the Constitutive Act and respective protocols of the institution follows.

 

4.1 The Assembly

The AU Assembly is the supreme decision-making organ of the Union. [58] It is composed of the Heads of State and Government of all member States of the African Union or their accredited representatives. [59] The Assembly meets at least once in a year in an ordinary session and convenes for an extra ordinary meeting at the request of a member State and at the approval of two-third majority of member States. [60] In its 2004 summit the AU Assembly decided to meet twice a year in ordinary session citing its increasing responsibilities in the face of the many challenges of the Continent. [61] All the sessions of the Assembly are to be held at the AU headquarters in Addis Ababa, Ethiopia. [62] However, the Assembly can hold its session elsewhere if a member State extends invitation to host the session. The inviting State should not be under sanction from the AU and should be able to meet pre-determined criteria such as paying up all financial obligations to the Union and maintaining favorable political atmosphere. [63] The Assembly should hold at least one session at the headquarters of the Union every other year based on its calendar. [64] As a matter of rule all sessions of the Assembly are closed. [65] However, the Assembly may decide to hold open sessions with a vote of simple majority. [66] The decisions of the Assembly are made either by consensus or by a two-thirds majority of the member States of the Union. [67]

 

The Assembly is led by a Chairperson elected among the heads of State or government for a period of one year. [68] The Chairperson of the Assembly is generally elected after consultations among member States and based on the principle of rotation. [69] However, as an exception to the rule, the head of state or government of a host country which has invited the Assembly for its proceedings is given the automatic right to be the Chairperson of the Assembly. [70] The Chairperson of the Assembly is assisted by the Bureau for each summit composed of fourteen Vice-Chairpersons elected based on geographical distribution and due consultations. [71] The Chairperson is responsible, inter alia , to convene the sessions of the Assembly, guide the proceedings of the Assembly, rule on point of order and in consultation with the Chairperson of the Commission represents the Union in between sessions. [72]

 

As the supreme organ of the Union, the Assembly determines the policies of all organs of the Union. [73] It monitors the implementation of policies and decisions by its organs and takes decisions on reports and recommendations from its organs such as a recommendation for intervention in member States from the Peace and Security Council. [74] In particular the Assembly directs the Executive Council, the Peace and Security Council and the Commission on management of conflicts, acts of terrorism and emergency situations. [75] The Assembly is mandated to impose sanctions on member States for violation of the principles enshrined in the Constitutive Act. [76] Moreover, the Assembly adopts the budget of the Union and appoints and removes the judges to both the African Human Rights Court and the Court of Justice of the Union. [77]

 

The structure, functions and regulations of the AU Commission, [78] the administrative wing of the organization, is determined by the Assembly. [79] The Assembly appoints the Chairperson of the Commission and his/her deputies as well as all other Commissioners of the Union and determines their functions and terms of office. [80] The Assembly is also given power of interpretation of the Constitutive Act until the establishment of the AU Court of Justice. [81] The Assembly has the right to delegate its powers and functions to any organ of the AU. [82]

 

The Assembly recently established the High-Level Committee of Heads of State and Government on the Post-2015 Development Agenda [83] and the High-Level Panel on Alternative Sources of Financing. [84]

 

4.2 The Executive Council

The Executive Council is another decision-making organ composed of the ministers of foreign affairs or equivalent authorities designated by the governments of the member States of the AU. [85] The Executive Council is directly accountable to the Assembly. [86]   The details of most decisions and policies of the Assembly of the Union are worked out by the Council before they are presented to the Assembly for final decision. [87]   The Executive Council has the power to make its own binding decisions on common interest of member States such as foreign trade, energy, transport and communication, education, culture, health, and immigration. [88]   The Executive Council can also make binding decisions in other areas based on the powers delegated to it by the Assembly. [89] The Executive Council has three Sub-Committees which operate at ministerial level. [90] The Ministerial Committee on Candidatures is responsible for promoting African candidates for positions in international bodies; the Ad-Hoc Ministerial Committee on the Review of Scale of Assessment is responsible for reviewing the scale of assessment for Member State contributions to the AU budget; [91] and the Ministerial Committee on the Challenges of Ratification/Accession and Implementation of the OAU/AU Treaties. [92]  

 

The Executive Council meets at least twice a year in ordinary sessions while extraordinary meetings can be held when a member state requires and two-thirds of the member States support the request. [93] In practice, the Executive Council holds its meetings immediately before every session of the AU Assembly. The meeting of the Executive Council is chaired by the Minister of Foreign Affairs or equivalent authority whose country holds the Chair of the Assembly or in case of extraordinary session the Minister of Foreign Affairs of the host member State. [94] As a rule all sessions of the Executive Council are closed unless the Council decides by simple majority to hold open meetings. [95] The Executive Council makes its decisions by consensus or, failing which, by a two-thirds majority of the member States. [96] The Executive Council is assisted by the Permanent Representative Committee [97] and the seven Specialized Technical Committees of the AU.

 

4.3 The Specialized Technical Committees

The Specialized Technical Committees are various committees responsible for, inter alia , the preparation and coordination of the projects and programs of the Union and supervision and follow-up of the policies of the Union or any function assigned by the Executive Council. [98] The Specialized Committees are accountable to the Executive Council. [99] The Committees are composed of ministers or senior officials of member States responsible for rural economy and agriculture; monetary and financial affairs; trade, customs and immigration matters; industry, science and technology, energy, natural resources and environment; transport, communications and tourism; Health, Labor and Social Affairs; and Education, Culture and Human Resources. [100] The Assembly has the mandate to add other relevant committees or reorganize the existing Specialized Committees as it deems fit. [101] The Specialized Technical Committees meet as often as required by their tasks or as directed by the Executive Council. [102]

 

4.4 The Permanent Representatives Committee

The Permanent Representative Committee (PRC) is a body composed of permanent representatives of member States to the AU resident at the Headquarters of the Union in Addis Ababa or other duly accredited plenipotentiaries of member States. [103] The PRC is accountable to the Executive Council. [104] The PRC serves as an advisory body to Executive Council. [105] The PRC prepares the bulk of the work of the Executive Council, carrying out most of the practical activities for the Executive Council including the preparation and recommendation of agendas for the sessions of the Executive Council and drafting proposals for decisions of the Executive Council. [106] The PRC monitors the implementation of the budget of the Union and the decisions of the Executive Council. [107] The Executive Council can assign more functions to the PRC. [108] The PRC can establish ad-hoc committees and working groups to carry out its tasks. The PRC has eleven (11) sub-Committees on: Administrative, Budgetary and Financial Matters; Audit Matters; Contributions; Economic and Trade Matters; Headquarters and Host Agreements; Multilateral Cooperation and Strategic Partnerships; New Partnership for Africa’s Development (NEPAD); Programmes and Conferences; Refugees; Structures; and the Special Emergency Assistance Fund for Drought and Famine Relief in Africa. [109]

 

The PRC is also the organ that facilitates the communication between the Commission of the AU and member States. [110] The PRC holds its sessions at the headquarters of the AU at least once in a month chaired by the Permanent Representative whose country holds the chair of the Executive Council. [111] All the sessions of the PRC are closed unless the PRC decides by simple majority to hold open meetings. [112]

 

4.5 The Peace and Security Council

The Peace and Security Council with its supporting institutions is the main pillar of the African Peace and Security Architecture (ASPA). The ASPA is the umbrella term for the key AU mechanisms for promoting peace, security and stability in the African continent. [113]

 

4.5.1 Establishment

The AU Constitutive Act does not establish the Peace and Security Council as one the organs of the AU. [114] In the initial process of establishing the AU, the Central Organ of the 1993 OAU Mechanism for Conflict Prevention, Management and Resolution was incorporated and retained as a peace and security organ of the AU based on Article 5(2) of the Constitutive Act. [115] Following the incorporation of the Central Organ, the OAU Assembly requested the OAU Secretary-General to undertake a review of the structures, procedures and working methods of the Central Organ of the 1993 OAU Mechanism, including the possibility of changing its name. [116]   The OAU Secretary-General presented his report and the draft protocol for the establishment of a new Peace and Security Council to the OAU Council of Ministers in July 2002 during the transition from OAU to the AU. [117] The draft protocol was presented to the first ordinary session of the Assembly of African Union held in Durban, South Africa. The Protocol relating to the establishment of the Peace and Security Council was adopted by the first ordinary session of the AU Assembly and entered into force on 26 December 2003. [118]

 

The Peace and Security Council is a permanent decision-making organ of the AU for the prevention, management and resolution of conflicts in Africa established on the basis of Article 5(2) of the Constitutive Act of the AU. [119] The Peace and Security Council is situated at the Headquarters of the African Union. [120]

 

4.5.2 Composition

The 15 member States of the Peace and Security Council are elected by the AU Executive Council and endorsed by the AU Assembly. The election is based on the principles of equitable regional representation and national rotation, with three members from the centre, three members from the east, two members from the north, three members from the south and four members from the west of Africa. [121] There is no provision for permanent and non-permanent members of the Peace and Security Council. [122] However, the Peace and Security Council Protocol has provided detailed criteria for membership of States to the Council. The Peace and Security Council Protocol requires that prospective member States to the Peace and Security Council should exhibit, inter alia , respect for constitutional governance, the rule of law, the protection of human rights and the commitment to honor financial obligations of the Union. [123] Any AU member State that meets the criteria may apply for membership to the Peace and Security Council. [124] Initial election on the candidacy is preferably done by each sub-region of Africa which would later submit the candidates to the AU Assembly, the organ which makes the final selection. [125] The first members of the Peace and Security Council were elected by the Executive Council as delegated by the Assembly. [126]

 

The Peace and Security Council Protocol also provides that the Assembly shall conduct a periodic review to assess the extent to which elected members of the Council continue to meet the membership criteria and ‘take action as appropriate’. [127] The phrase ‘take action as appropriate’ refers to the possibility of dismissal of a member State from the Peace and Security Council when it fails to fulfill the criteria of membership specified under Article 5(2) of the Peace and Security Council Protocol.

 

4.5.3 Supporting Institutions

In implementing its mandate, the Peace and Security Council works with the various AU organs including the Assembly, Pan-African Parliament and the African Commission on Human and Peoples’ Rights. [128] The following organs were initially designated as supporting institutions of the Peace and Security Council: the AU Commission, the Peace Fund, the Continental Early Warning System, the Panel of the Wise, the African Standby Force, and the Military Staff Committee. [129] Four additional supporting institutions were created. They are the Friends of the Panel of the Wise, the Pan-African Network of the Wise (PanWise), the Committee of Experts, and the African Capacity for Immediate Response to Crises. A brief overview of each supporting institution follows.

 

·        The AU Commission :

 

The Peace and Security directorate is the main organ of the AU Commission responsible for providing operational support to the Peace and Security Council. [130] The Peace and Security directorate of the AU Commission provides the Council with a permanent Secretariat to run its day to day activities. [131] Moreover, the Peace and Security directorate of the AU Commission establishes and operationalise all the supporting institutions of the Peace and Security Council namely the Continental Early Warning System, the African Standby Force and the Peace Fund and the Panel of the Wise. [132] Moreover, the Chairperson of the AU Commission has the responsibility to monitor the implementation of decisions adopted by the Peace and Security Council upon the approval of the Assembly. [133] In a bid to strengthen it, the Assembly plans to transform the African Union Commission into the African Union Authority. [134]

 

·        The Peace Fund :

 

The Peace and Security Council Protocol provides for the establishment of a Special Fund, known as the Peace Fund, in order to finance the activities of the AU aimed at maintaining peace and security in the Continent. [135] The primary source of the Peace Fund is the regular budget to the African Union, known as the General Peace Fund. [136] The other major category of the Peace Fund is what is called the Special Contribution. [137] Under the Special Contribution, the sources of the Peace fund are voluntary contributions from AU member States, voluntary contributions from the private sector and civil society as well as individuals in AU member States and donations from non-member States. [138] Donations and voluntary contributions from sources outside of Africa are accepted in so far as they are ‘in conformity with the objectives and principles of the Union’. [139] The PSC Protocol also provides for a revolving trust fund within the broader Peace Fund, to provide a standing reserve for specific projects in case of emergencies and unforeseen priorities. [140] The level of funding required in the Trust Fund is to be determined by the relevant AU policy organs on recommendation by the PSC.

 

·        The Continental Early Warning System :

 

The Continental Early Warning System (CEWS) is a supporting institution designed to carry out the prevention and early warning mandate of the Peace and Security Council. [141]   The CEWS is managed by the Conflict Prevention and Early Warning Unit of the Department of Peace and Security. It consists of two important bodies: the main observation and monitoring center under the Peace and Security directorate located at the headquarters of the AU (called ‘The Situation Room’); and a communication panel with the observation and monitoring rooms in each of the sub-regional organizations. [142] The Situation Room collects and analyses information from ‘the public domain in hard and soft prints, including newspapers both private and public, satellite TV channels, electronic news sites, and from informal sources on the ground.’ [143] The information is then processed and compiled in the form of ‘News Briefs’, and is forwarded to the relevant organs of the AU three times a day and should be posted and circulated through the intranet for all staff of the organization. [144]

 

The Situation Room is linked directly with the observation and monitoring units of the Regional Mechanisms that collect and process data at their level and transmit the same to the Situation Room. [145] The Situation Room also benefits from its collaboration with the United Nations agencies and other international organizations, academic institutions and NGOs. [146]   The observation and monitoring is based on an early warning module which contains political, economic, social, military and humanitarian indicators. [147] The CEWS holds periodic and on-demand meetings with the Regional Economic Communities (RECs) on matters of mutual concern.

 

 

The Panel of the Wise is an advisory body composed of five highly respected African personalities who have made outstanding contribution to the cause of peace and security on the Continent. [148] The Panel was created in 2002, and became operational in 2008. Members of the Panel are appointed by the Assembly for a term of three years. The Panel of the Wise advises the Peace and Security Council and the AU Commission on conflict prevention and promotion of stability in Africa. [149]

 

A body similar to the Panel of the Wise, the OAU’s Commission of Mediation, Conciliation and Arbitration was established on 21 July 1964, as a tool to support peaceful settlement of disputes between OAU Member States. [150] It was however, non-operational and was replaced in 1993 by the broader Mechanism for Conflict Prevention, Management and Resolution. No panel was set up under the Mechanism.

 

 

The Friends of the Panel of the Wise, a team of eminent African personalities from the AU’s five regions, was established in 2010 to enhance the effectiveness of the Panel of the Wise. [151] The Friends of the Panel of the Wise are appointed by the Chairperson of the AU Commission and endorsed by the Assembly. Three of the outgoing founding members of the panel of Wise were appointed as members of the first Friends of the Panel of the Wise. They are expected to attend all Panel meetings and share the same privileges.

 

 

PanWise was conceived at the June 2012 Ouagadougou Retreat of the Panel of the Wise with regional counterparts. [152] In May 2013, the AU Assembly endorsed the establishment of PanWise in order to bring the Panel of the Wise together with similar regional mechanisms, in a bid to strengthen, coordinate and harmonize the prevention of conflicts and peace keeping efforts under a single umbrella. The core members of PanWise are the AU Panel of the Wise/Friends and their existing and future sub-regional counterparts. They include the Economic Community of West African States’ (ECOWAS’s) Council of the Wise, the Southern African Development Community’s (SADC’s) Mediation Reference Group and Panel of Elders, the Common Market for Eastern and Southern Africa’s (COMESA’s) Committee of Elders; and the Intergovernmental Authority on Development’s (IGAD’s) Mediation Contact Group, the Economic Community of Central African States (ECCAS), East African Community (EAC), Arab Maghreb Union (UMA), and the Community of Sahel–Saharan States (CEN–SAD). The associate members of PanWise include the Forum of Former African Heads of State, the Association of African Ombudsmen and Mediators (AAOM),  National infrastructures for peace, National mediation councils, and relevant African mediation associations/institutions.

 

·        The African Standby Force :

 

A key enforcement and supporting institution under the Peace and Security Council is the African Standby Force. The Peace and Security Protocol provides for the establishment of the African Standby Force, composed of a standby arrangement of multi-national and multi-disciplinary civilian, police and military personnel, for the purpose of implementing the peacekeeping and intervention mandate of the AU. [153] Five regional groupings: Central African Standby Force (CASF), Eastern Africa Standby Force (EASF), North African Regional Capability (NARC), Southern Africa Standby Force (SASF), and Economic Community of West African States (ECOWAS) Standby Force, are envisaged to be fully operational by December 2015. [154]

 

The Peace Support Operations Division, formerly known as the Continental Planning Element of the African Standby Force, was set up to plan, launch, sustain and liquidate peace support operations as authorized by the African Union (AU). [155] The Division also assists in directing and managing such operations. The AU has been involved in several Peace Support Operations (PSOs), either alone or jointly with the United Nations since 2003. [156]

 

 

The African Capacity for Immediate Response to Crises (ACIRC) was established in principle, on an interim basis by the AU Assembly at its May 2013 Summit. ACIRC was established to address the Africa’s rapid response deficit and until ASF and its rapid deployment capability becomes fully operational. [157] The purpose of the ACIRC is to provide the AU with a flexible and robust force, made up of military, police and civilian personnel, and equipment and resources voluntarily provided by willing and capable Member States, to be deployed very rapidly to effectively respond to emergency situations, within the framework of the African Peace and Security Architecture (APSA). [158] In January 2014, the AU Assembly at its 22 nd ordinary session decided to operationalize ACIRC as a transitional arrangement. [159] Twelve Member States volunteered to be the initial participating countries. [160]   

 

·        The Military Staff Committee :

 

The Military Staff Committee (MSC) is a standing advisory body to the Peace and Security Council on military and related security matters. [161] The MSC is composed of Senior Military Officers of members of the Peace and Security Council. [162] However, the MSC can also meet at the level of Chiefs of Defence Staff of members of the Peace and Security Council. [163] The MSC members meet as often as required, and at least once in a month. [164] Even though the MSC is directly accountable to the Peace and Security Council, it can also consult with other relevant organs of the AU. [165] The meetings of the MSC follow the Rules of Procedure provided under the Policy Framework for the establishment of the ASF and MSC [166] and where applicable the rules of procedure of the Peace and Security Council. [167]

 

 

The Committee of Experts was established to assist PSC prepare its draft decisions. [168] The Committee comprises of a designated expert representing each PSC Member State and the Peace and Security Department expert officers. The Committee meets before each PSC meeting.

 

The following proposed committees of the PSC are not yet fully operational: Post-Conflict Reconstruction and Development (PCRD); Sanctions, Counter-Terrorism, Resource Mobilisation; and Procedures and Mechanisms for Peace Support Operations.

 

4.6 The Pan-African Parliament

The AU Constitutive Act provides for the establishment of a Pan-African Parliament (PAP) whose functions, composition and powers are provided under a separate protocol. [169] The Protocol for the establishment of the PAP provides that the PAP is composed Parliamentarians elected from the Parliament or equivalent legislative organs of each member state. [170] Each Member State of the AU has five Parliamentarians in the PAP selected from both ruling and opposition parties participating in the national parliaments of member States and at least one of whom must be a woman. [171] The tenure of the Parliamentarians in the PAP runs concurrently with their tenure at their national parliament. [172] However, the parliamentarians act and vote independently of their national parliament once they are sworn in the PAP. [173] In its daily activities the PAP is run by a Bureau composed of a  president and four vice-presidents elected from all sub-regions based on equitable geographical representation and supported by a Clerk and deputy Clerks . [174]

 

The idea behind the establishment of the PAP is the representation of the African people and their grass-root organizations in the deliberations and decisions of the policy organs of the AU. [175] The PAP is given the mandate to ‘exercise advisory and consultative powers only’ to the Assembly and to all policy organs of the Union either at the request of the AU organs or at its own initiative. [176] In order to carry out its mandate, the PAP is given, inter alia , the power to discuss and make recommendations and pass resolutions on issues of importance and relevance to the continent such as the promotion of peace and security and protection of human rights and democracy. [177] The PAP is also given the mandate to issue invitations to the representatives of policy organs of the Union and member States ‘to furnish explanations in plenary on issues affecting or likely to affect the life of the African Union.’ [178] The members of the PAP are entitled to forward their questions to any policy organ of the AU through the President of the PAP while the President of the PAP can in consultation with the Bureau, invite the Chairperson of the Assembly to explain a decision taken by the Assembly to the PAP. [179] The AU Commission is obliged to submit annual report on the activities of the Union to the PAP. [180] The PAP meets at least twice a year on ordinary sessions while a request for extraordinary session by two-thirds of the PAP members, the Assembly or the Executive Council of the Union can be made any time. [181] All sessions of the PAP are open for the public unless there is the PAP Bureau decides otherwise. [182] The President of the PAP attends AU Assembly sessions and presents the reports of the PAP to the Assembly. [183] The PAP is operational and sits in South Africa. [184] The PAP budget, including the allowances for its members, is part of the overall AU budget. [185]

 

4.7 The Court of Justice

The Constitutive Act provides for the establishment of the Court of Justice of the Union whose statute, composition, and functions are defined in a separate protocol. [186] The Protocol of the Court of Justice of the AU identifies, inter alia , the eligible parties to submit cases, the jurisdiction of the Court, and sources of law of the Court. [187]

 

The AU Court of Justice is the ‘principal judicial organ of the Union’ and is given both advisory and contentious jurisdiction. [188] Under its contentious jurisdiction, the Court is given competence, inter alia , over all disputes that pertain to the interpretation and application of the AU Constitutive Act, the interpretation and application or validity of all treaties and legal instruments adopted and ratified under the auspices of the AU, over ‘all acts, decisions, regulations and directives of the organs of the Union’ and any treaties between member states of the Union that provides for the jurisdiction of the court. [189] The AU Assembly may also confer a special jurisdiction over the Court in addition to its statutory jurisdiction. [190] The Court of Justice has got power to make binding decisions on member States and can review the acts of the Union within its contentious jurisdiction. [191]

 

The formal sources of law of the Court are the AU Constitutive Act, international treaties expressly recognized by contesting states, international custom, and general principles of law; while judicial decisions, the writings of publicists, the AU regulations, directives and decisions are subsidiary means for the determination of the rule of law. [192] The parties eligible to submit cases to the Court are AU member states that have signed and ratified the Protocol establishing the Court, the AU Assembly, the AU Pan-African Parliament, the AU Commission  and ‘other organs of the Union authorized by the Assembly.’ [193] Moreover, staff members of the AU Commission are given the right to submit cases to the AU Court of Justice in a dispute amongst themselves within the limits and conditions of the Staff Rules and Regulations. [194] Third parties can also submit cases based on the direction of the Assembly and the concerned state party. [195]

 

4.8 The African Court on Human and Peoples' Rights

The African Court on Human and Peoples' Rights (the Court) was not established by the AU Constitutive Act. [196] The initiative for the establishment of the Court started officially with a resolution adopted by the Assembly of Heads of State and Government, in June 1994. The Secretary-General was requested to convene a Government legal experts` meeting to deliberate, in conjunction with the African Commission, on how to enhance the efficiency of the African Commission and to consider in particular the establishment of an African Court on Human and Peoples` Rights. [197] A draft document on an African human rights court was produced by a meeting of experts organized by the OAU Secretariat in collaboration with the African C omission and the International Commission of Jurists, in September 1995. [198] The draft document formed the basis of the first official draft protocol, the Cape Town Draft  which was produced a few days later by an OAU meeting of government legal experts. [199] After further elaboration and refining, the Draft Protocol was adopted by the conference of OAU Ministers of Justice/Attorneys General in December 1997. [200] The OAU Council of Ministers adopted the Draft Protocol in February1998, and in June 1998, the 34 th ordinary session of the General Assembly adopted and opened the Protocol for signature.

 

The Court was established by the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights, (the Protocol). [201] The Court was established to ensure the protection of human and peoples’ rights in Africa. [202] The Court complements and reinforces the functions of the African Commission on Human and Peoples' Rights. [203] The Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter on Human and Peoples' Rights, this Protocol and any other relevant human rights instrument ratified by the States concerned. [204] The Court receives complaints and/or applications submitted to it either by the African Commission of Human and Peoples’ Rights or State parties to the Protocol or African Intergovernmental Organizations. [205] Non-Governmental Organizations with observer status before the African Commission on Human and Peoples’ Rights and individuals can also institute cases directly before the Court, if the State Party involved has made a Declaration accepting the jurisdiction of the Court. [206] As at March 2014, only seven countries have made such a Declaration.

 

The Court is composed of eleven judges who are nationals of Member States of the African Union. [207] The Judges of the Court are elected, after nomination by their respective States, in their individual capacities from among African jurists of proven integrity and of recognized practical, judicial or academic competence and experience in the field of human rights. [208] The judges are elected for a six year or four year term, renewable once. [209] The President and Vice-President of the Court are elected by the judges from among themselves, and serve a two year term. They can be re-elected only once. [210] All the judges, except the President of the Court, work on a part-time basis. [211]

 

The Court officially started its operations in Addis Ababa, Ethiopia in November 2006, but in August 2007 it moved to its seat in Arusha, the United Republic of Tanzania. Initially, ‘the Court dealt principally with operational and administrative issues, including the development of the structure of the Court's Registry, preparation of its budget and drafting of its Interim Rules of Procedure’. [212] The judges adopted the Interim Rules of the Court in 2008. The final Rules of Court was adopted in June 2010, after consultation with the African Commission on Human and Peoples' Rights, in order to harmonize the rules of both institutions. [213]

 

4.9 The African Court of Justice and Human Rights

In July 2004, the AU Assembly of Heads of State and Government decided that the Court of Justice ‘should be integrated into one Court’ with the African Court on Human and Peoples’ Rights citing financial and logistical constraints to establish two different courts. [214] In July 2008, the AU Assembly of Heads of State and Government adopted the Protocol on the Statute of the African Court of Justice and Human Rights, merging the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union into a single Court, named the African Court of Justice and Human Rights. [215] The Protocol on the Statute of the African Court of Justice and Human Rights (Single Protocol) adopted July 2008) is to replace the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (the old Protocol), and the Protocol of the Court of Justice of the African Union. [216] References made to the “Court of Justice” in the Constitutive Act of the African Union shall be read as references to the African Court of Justice and Human Rights. [217]

 

The African Court on Human and Peoples’ Rights should have stopped operations due to its merger with the Court of Justice. [218] However, the African Court on Human and Peoples’ Rights is still in operation because the Protocol and the Statute of the African Court of Justice and Human Rights is not yet in force. [219]

 

4.10 The Commission

The AU Commission is a permanent organ established by the AU Constitutive Act. [220] The Commission is the administrative wing of the AU accountable to the Assembly and the Executive Council. [221] The AU Commission is given numerous administrative functions and mandate that include administrating the AU institutions; coordinating and monitoring the implementation of the decisions of the policy organs of the AU such as  Assembly , the Executive Council , the Peace and Security Council of the Union in collaboration with the organs; providing operational support to the Peace and Security Council; initiating proposals on the budget and wide range of regional issues; organizing and managing meetings and accepting donations and grants that are compatible with the objectives and principles of the Union; and depositing the treaties adopted and ratified under the aegis of the African Union. [222]

 

The AU Commission is composed of the Chairperson, the deputy Chairperson and eight Commissioners all of whom are appointed by the Assembly based on gender balance and equitable representation of all sub-regions. [223] Once appointed, all officials of the AU Commission are only responsible to the AU and not to any government and external authority. [224] The officials are assisted by all necessary staff in running the Commission located at the AU headquarters in Addis Ababa, Ethiopia.

 

The Chairperson of the Commission is the Chief Executive Officer and legal representative of the AU and is mandated to carry out many essential functions such as the overall responsibility of the finances and administration of the Commission, the preparation of its budget, participating in the meetings of the Assembly, the Executive Council, the Peace and Security Council and keep records of the deliberations, follow up and report on the implementation of the decisions of the policy organs of the AU, appoint staff of the Commission and carry out any function that is assigned to him by the Assembly and the Executive Council. [225] The Chairperson is accountable to the Executive Council. [226] The Deputy Chairperson is accountable to the Chairperson and is responsible for the day-to-day administration of the Organization. [227] The eight Commissioners are accountable to the Chairperson of the Commission and each Commissioner heads one of the eight departments/directorates of the Commission established along the eight portfolios of the Commission. [228] The portfolios of the Commission are Political Affairs; Peace and Security; Infrastructure and Energy; Social Affairs; Human Resources, Science and Technology; Trade and Industry; Rural Economy and Agriculture; and Economic Affairs. [229] The Third ordinary session of the Executive Council of the AU maintained the portfolios as departments of the Commission. [230] The Department of Social Affairs oversees two specialized offices: the African Academy of Languages (ACALAN) and the Centre for Linguistic and Historical Studies by Oral Tradition (CELHTO). The Department of Rural Economy and Agriculture oversees the five specialized technical offices: Coordinating Office for the Development Project of the Fouta Djallon Region; Inter-African Bureau for Animal Resources (IBAR); Pan African Veterinary Vaccine Centre (PANVAC); Pan African Tsetse and Trypanosomiasis Eradication Campaign (PATTEC); and the Semi-Arid Food Grain Research and Development (SAFGRAD). It also works with the Inter-African Phyto-sanitary Council (IAPSC). The Commissioner for Human Resources, Science and Technology oversees the Scientific, Technical and Research Commission (STRC). [231] The Department of Peace and Security is the liaison point for the work of the African Centre for the Study and Research on Terrorism. [232]

 

The Executive Council further added a number of directorates and units under the office of the Chairperson and the Deputy Chairperson. The Bureau of the Chairperson, the Directorate for Women, Gender and Development; the Directorate for Strategic Policy Planning, Monitoring and Evaluation, International Cooperation and Resource Mobilization; the Communication and Information Unit; and Protocol Services Unit; the NEPAD Coordination Unit; the Secretariat of the CSSDCA; the Office of the Legal Counsel; the Office of the Internal Auditor; the Office of the Secretary-General to the Commission; Citizens and Diaspora Directorate (CIDO); and the Intelligence and Security Committee (ISC) are under the office of the Chairperson. [233] The Directorate for Administration and Human Resources Development; the Directorate for Programming, Budgeting, Finance and Accounting; the Medical Services Directorate; and the Directorate for Conference Services are under the Office of the Deputy Chairperson. [234]

 

The Permanent Representational and Specialized Offices which report to the Chief of Staff in the Bureau of the Chairperson include: the New York Office; Geneva Office; Washington DC Office; Permanent Mission to the European Union (EU) and African, Caribbean and Pacific (ACP) states – Brussels Office; Permanent Delegation to the League of Arab States – Cairo Office; and African Union Southern Africa Region Office (SARO) – Malawi Office. [235] The following Special Representative and Liaison Offices of the Commission work with the Department of Peace and Security as part of the African Peace and Security Architecture (APSA) structure: African Union Liaison Offices in Comoros, Liberia, Kinshasa, Côte d’Ivoire, Khartoum, Sudan, Juba, South Sudan, Bangui, Central African Republic, African Union Liaison Office in N’Djamena, Chad, Guinea Bissau, Tripoli, Libya, African Union Missions in Burundi (AMIB), and Somalia (temporary office is in Nairobi, Kenya), African Union/Southern African Development Community (SADC) Liaison Office in Madagascar, African Union Mission to Western Sahara, and African Union Mission for Mali and Sahel (MISAHEL). [236]

 

The self-funding Technical Committee of Experts for the Implementation of the Diaspora Legacy Projects was established in 2013 by the Assembly. The Committee is composed of the heads or representatives of the following institutions and sectors: AU Commission; New Partnership for Africa’s Development (NEPAD) Planning and Coordinating Agency (NPCA); African Development Bank (AfDB); United Nations Development Programme (UNDP); United Nations Economic Commission for Africa (UNECA); Regional Economic Communities (RECs); Africa Capacity Building Institute; private sector; African Diaspora; and implementing agencies. [237] The African Union Women’s Committee (AUWC), which replaced the African Women’s Committee on Peace and Development (AWCPD), was established in 2003 and inaugurated in April 2006 in Addis Ababa, Ethiopia, as an advisory committee to the Chairperson of the Commission on issues of gender and development. [238]

 

4.11 The Economic, Social and Cultural Council

The AU Economic, Social and Cultural Council (ECOSOCC) is an advisory body composed of representatives of civil society, professional groups and cultural groups both in Africa and in the Diaspora. [239] The main idea behind the establishment of the ECOSOCC is the broad participation of the ordinary African citizens through representative civil society organizations and professional groups in the activities of the Union. [240] Thus, the main objectives of the ECOSOCC include the participation of the African Civil Society in the promulgation and implementation of the policies and norms of the AU and the development of communication between the ordinary citizens of Africa on common issues of the continent. [241] Based on its objectives,  the ECOSOCC is given the task of popularization of the AU norms among the citizens of Africa and giving advisory services to the organs of the Union how best to implement the norms and policies of the Organization at its own initiative or at the request of organs of the Union. [242]  

 

The structures of the ECOSOCC include its General Assembly; an 18 member Standing Committee; 10 Sectoral Cluster Committees; and Credentials Committee. [243] The General Assembly is the highest decision making organ [244] with 150 civil society organizations (CSOs) at the level of member states, sub-regions, the continent, the African diaspora and ex-officio members appointed by the Commission. [245] The election of member states, regional, continental and Diaspora representatives is based on 50 percent gender equality and 50 percent aged between 18 and 35. Members are elected for four-year terms and may be re-elected once. [246] The Standing Committee appointed by the General Assembly coordinates the work of  ECOSOCC, while the Sectoral Cluster Committees advise on the following areas: Peace and Security; Political Affairs; Infrastructure and Energy; Social Affairs and Health; Human Resources, Science and Technology; Trade and Industry; Rural Economy and Agriculture; Economic Affairs; Women and Gender; and Cross-Cutting Programmes (such as HIV/AIDS, international cooperation and coordination with other AU institutions and organs). [247] The Credentials Committee is responsible for examining the credentials of ECOSOCC members and their representatives. [248] The Citizens and Diaspora Directorate (CIDO) office in the AU Commission acts as the Secretariat for ECOSOCC.

 

The AU ECOSOCC was launched on March 27-30, 2005 in Addis Ababa, Ethiopia at the headquarters of the AU. [249]   During the launching conference, the Interim General Assembly of the ECOSOCC swore in Wangari Maathai, Nobel Laureate from Kenya, as the President of the Bureau of the Interim General Assembly of ECOSOCC with four deputies from the center, north, south and west sub-regions. [250] The mandate of the first ECOSOCC General Assembly session launched on, 9 September 2008, expired in September 2012. The second permanent General Assembly of ECOSOCC was inaugurated on 22 December 2014 in Nairobi, Kenya. [251]

 

4.12 The Financial Institutions

The Constitutive Act of the AU envisaged the establishment of the African Central Bank, the African Monetary Fund and the African Investment Bank as the three new financial institutions under the Union. [252] The rules and regulations for the establishment of the African Central Bank are yet to be provided in a separate protocol. The fourth ordinary session of the AU Assembly requested the Chairperson of the Commission to prepare the legal instruments for the establishment of the three financial institutions. [253] The same Assembly session has also decided that the African Central Bank should be located in the Western sub-region while the African Investment Bank and African Monetary Fund should be located in the Northern and Central sub-regions respectively. [254] Accordingly Nigeria was selected as the host country for the future African Central Bank while Libya and Cameroon were chosen to host the African Investment Bank and African Monetary Fund respectively. [255]

 

4.12.1 The African Monetary Fund

On 27 June 2014, the AU Assembly at its 23rd ordinary session adopted the Protocol and the Statute for the establishment of the African Monetary Fund (AMF); with an initial capital of 22.64 billion dollars. [256] The Protocol and the Statute shall enter into force on ratification by 15 of the 54 of the Member States of the African Union and the payment of at least 25 per cent of the minimum paid-up capital. [257] The purpose of the Fund is to foster macroeconomic stability, sustainable shared economic growth and balanced development in the Continent, in order to facilitate the effective and predictable integration of African economies. [258]

 

The objectives of the African Monetary Fund are to provide financial assistance to AU Member States; act as a clearing house as well as undertake macro-economic purveyance within the continent; co-ordinate the monetary policies of Member States and promote cooperation between the monetary authorities in these states; and encourage capital movements between member states. [259] The functions and activities of the Fund include promoting and facilitating trade, the settlement of commercial payment and encouraging capital flow between State Parties; providing short-term and medium-term credit facilities to sustain balance of payment and providing technical assistance and policy advice, to States Parties; with a view to assisting in financing their overall balance of payments deficits. [260] The Headquarters of the African Monetary Fund is in Yaoundé, Republic of Cameroon. [261]

 

4.12.2 The African Investment Bank

On 4 th February 2009, the AU Assembly at its 12th ordinary session adopted the Protocol on the African Investment Bank and the Statute annexed to it. [262] The Annexes to the Statutes of the African Investment Bank were adopted on 2 nd February 2010 at the 14 th ordinary session of the Assembly. [263] The Protocol and the Statute annexed to it shall enter into force thirty (30) days after the deposit of the fifteenth instrument of ratification. [264] The Statute of the African Investment Bank shall enter into force thirty (30) days after the deposit of the fifteenth instrument of ratification. [265]

 

The purpose of the Bank is to foster economic integration and development in line with the objectives of the Union. [266] The objectives of the Bank are to promote investment activities of the public and private sector intended to advance regional integration of the  Member States of the African Union; utilize available resources for the  implementation of investment projects contributing to strengthening the  private sector and modernization of rural sector activities and  infrastructures; mobilize resources from capital  markets inside and outside Africa for the financing of investment projects in  African countries; and provide technical assistance  as may be needed in African countries for the study, preparation, financing and  execution of investment projects. [267] The Headquarters of the Bank is in Tripoli, Great Socialist People's Libyan Arab Jamahiriya. [268]

 

4.13 The African Commission on Human and Peoples’ Rights

The African Commission on Human and Peoples’ Rights forms part of the African regional system of human rights, which has its basis on the African Charter on Human and Peoples’ Rights. [269] The African Charter on Human and Peoples’ Rights established the African Commission on Human and Peoples’ Rights as an organ of implementation of its substantive provisions. [270] The AU Constitutive Act does not recognize the African Commission on Human and Peoples’ Rights as one of the organs of the AU. However, the African Commission on Human and Peoples’ Rights was incorporated as an organ of the AU in 2002. [271]

 

The African Commission on Human and Peoples’ Rights is composed of eleven members elected by the AU Executive Committee from member States and appointed by the AU Assembly. [272] The members of the Commission serve in their personal capacity. [273] The Commission is run by a Secretariat in its daily activities. [274] The budget of the African Commission on Human and Peoples’ Rights is provided by the AU as part of the overall budget of the AU Commission. [275]

 

The African Commission on Human and Peoples’ Rights is given three mandates: promotional, protective and interpretative. [276] Under the promotional mandate, the Commission works for the awareness of human rights in Africa through different methods such as publication, research on human rights problems in Africa and collaboration with African and other international institutions concerned with the protection of human and peoples’ rights. [277] The protective mandate of the Commission generally provides that the Commission shall ‘ensure the protection of human and peoples’ rights under conditions laid down by the present Charter.’ [278] Under the protective mandate, the African Commission on Human and Peoples’ Rights examine State reports, inter-state communications, and in limited cases, individual complaints of human rights violations. [279]

 

The African Commission on Human and Peoples’ Rights is given the general power to ‘resort to any appropriate method of investigation’ thereby giving it some latitude to adopt investigation methods within the bounds of its protective mandate. [280] Consequently, the African Commission on Human and Peoples’ Rights has developed other important protective functions over the years. The use of fact-finding missions in member States and the appointment of Special Rapporteur on thematic issues of human rights on the continent are the two main protective functions undertaken by the African Commission on Human and Peoples’ Rights. [281] All the above-mentioned protective measures of the African Commission on Human and Peoples’ Rights result in reports and recommendations which are communicated to the concerned State parties and to the Assembly of the AU. [282] The AU Assembly may request the Commission to make further in-depth investigation if it believes that the report of the Commission indicates serious human rights violations. [283] Any measure that may be taken by the Commission within its protective mandate remains confidential until the AU Assembly decides otherwise. [284]

 

5. Other Bodies Related to the African Union

 

5.1 Committee of Intelligence and Security Services of Africa (CISSA)

CISSA was established on 26 August 2004 in Abuja, Nigeria, by the Heads of Intelligence and Security Services of Africa. It was endorsed at the 4th ordinary session of AU Assembly in Abuja, in January 2005. [285] CISSA is envisaged to provide leadership on intelligence and security matters in furtherance of peace, security and stability in Africa. It does so by facilitating dialogue, study, analysis, consultation, coordination and adoption of common strategies towards common security challenges among Intelligence and Security Organizations in Africa.

 

CISSA has three permanent bodies: the Conference, composed of Heads of Intelligence and Security Services of Member States; the Panel of Experts (PoE), comprising the representatives from each member of CISSA; and the Secretariat, which is based in Addis Ababa for easy coordination with the African Union. The Secretariat is staffed on the principle of equitable regional representation by officers, recruited from Intelligence and Security Services that are Members of CISSA.

 

5.2 African Union Advisory Board on Corruption

The Advisory Board on Corruption was established as part of the African Union Convention on Preventing and Combating Corruption which was adopted in July 2003 and entered into force in August 2006. The Board’s mandate is to promote and encourage States Parties to adopt measures and actions to meet the Convention’s objectives, and to follow up the application of those measures. [286] The Convention objectives include, inter alia, to promote and strengthen the development in Africa by each State Party of mechanisms required to prevent, detect, punish and eradicate corruption and related offences in the public and private sectors; promote, facilitate and regulate cooperation among the State Parties to ensure the effectiveness of such measures and actions; coordinate and harmonize relevant policies and legislation between State Parties. [287]

 

The Advisory Board is composed of eleven (11) members who serve in their personal capacities for two years, renewable once. [288] The Board members are elected by the Executive Council from among a list of experts nominated by Member States, and who are of the highest integrity, impartiality, and recognized competence in matters relating to preventing and combating corruption and related offences. In the election of the members of the Board, the Executive Council is to ensure adequate gender representation, and equitable geographical representation. [289] The Advisory Board on Corruption is based in Addis Ababa, Ethiopia. [290]

 

5.3 African Union Commission on International Law (AUCIL)

The Statute establishing the African Union Commission on International Law (AUCIL) was adopted and also entered into force in February 2009. [291] AUCIL was created as an independent advisory organ in accordance with article 5(2) of the AU Constitutive Act. AUCIL has 5 specific objectives: to undertake activities relating to codification and progressive development of international law; to propose draft framework agreements, model regulations, formulations and analyses of emerging trends in States’ practice to facilitate the codification and progressive development of international law; to assist in the revision of existing treaties, assist in the identification of areas in which new treaties are required and prepare drafts thereof; to conduct studies on legal matters of interest to the Union and its Member States; and to encourage the teaching, study, publication and dissemination of literature on international law; in particular the laws of the Union. [292]

 

The members of AUCIL are elected by the AU Executive Council based on the principles of equitable geographical representation, the principal legal systems and gender representation. The eleven (11) members serve in their personal capacities, and must have recognised competence in international law. No two members shall be nationals of the same State. [293] Members are elected by secret ballot, [294] for five-year terms, renewable once. [295] Members perform their duties on a part-time basis. [296] AUCIL is based in Addis Ababa, Ethiopia. [297]

 

5.4 Treaty Bodies, Specialized Agencies and Other Bodies

 

5.4.1 Inter-African Phyto-sanitary Council (IAPSC)

The Phyto-Sanitary Convention for Africa was adopted in September 1967 and entered into force in October 1992. IAPSC is a technical office of the AU Commission’s Department of Rural Economy and Agriculture. It is one of the 10 Regional Plant Protection Organizations of the International Plant Protection Convention (IPPC). IAPSC works with the national plant protection organizations of Member States of the AU on phyto-sanitary issues in Africa; including the vulnerability of African crop production systems to the impact of diseases, insect pests, and noxious weeds; economic losses incurred through spoilage; noncompliance with ISPMs, trade regulations, and equivalents; and dearth of phyto-sanitary data. [298] IAPSC generally implements its activities through the eight (8) African Regional Economic Communities (RECs) and sub-RECs. [299] IAPSC is governed by a General Assembly, Steering Committee and Secretariat, under the umbrella of the AU. IAPSC is based in Yaoundé, Cameroon. [300]

 

5.4.2 African Civil Aviation Commission (AFCAC)

The African Civil Aviation Commission (AFCAC) was created by the Constitutional Conference jointly convened by the International Civil Aviation Organization (ICAO) and the Organization of African Unity (OAU) in Addis Ababa in 1964. AFCAC began functioning in 1969 and its Constitution was adopted by the OAU in January 1969 and entered into force in March 1972. It became an OAU specialized agency on 11 May 1978. The AU adopted the revised Constitution in 2003 and 2009. [301] The revised 2009 Constitution provisionally entered into force in May 2010. [302]   The objectives of AFCAO include coordinating civil aviation matters in Africa and cooperating with ICAO and all other relevant organizations and other bodies which are involved in the promotion and development of civil aviation in Africa; facilitating, coordinating and ensuring the successful implementation of the Yamoussoukro Decision by supervising and managing Africa's liberalized air transport industry; and formulating and   enforcing   appropriate   rules   and   regulations   that   give   fair   and   equal opportunity to all  stakeholders  and  promote  fair competition. [303]

 

AFCAC governance structure is made up of 3 organs: the Bureau, the Secretariat and the Plenary. The triennial Plenary of all Member States is the supreme organ of AFCAC. [304] The Bureau is composed of a president, five vice-presidents (one for each geographical region of Africa), and the Coordinator of the African Group of the International Civil Aviation Organization (ICAO) Council. [305] The Secretariat is headed by a Secretary General. [306] AFCAC is based in Dakar-Yoff, Senegal. [307]

 

5.4.3 African Rehabilitation Institute (ARI)

In 1988, the African Rehabilitation Institute (ARI) was established in Harare, Zimbabwe. ARI was set up to promote and develop training and research programmes in the field of rehabilitation and disability prevention in Africa. [308] The Institute consists of a Central Planning and Co-coordinating Unit and existing institutions and facilities throughout the African region form the decentralized branches of the ARI. [309] The organs of the Institute are the Conference of African Ministers responsible for Social Affairs; the Governing Board; the Technical Advisory Committee; and the General Secretariat of the Institute; and the Regional Centers. [310] ARI collaborates with African governments, African and international non-governmental organizations, and UN specialized agencies to develop African self-reliance in disability-related fields. Membership is open to all AU Member States, international organizations and non-governmental organizations. [311]

 

5.4.4 Secretariat to the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa

 

The Bamako Convention bans the importation of hazardous wastes. [312] The objective of the Convention is to strictly regulate the transboundary movement of hazardous wastes to and within Africa. The Convention provides for a Secretariat to serve a Conference of the Parties along with financial arrangements. [313] The Conference of Parties which took place in Bamako, Mali, in June 2013 agreed that UN Environment Programme (UNEP) should host the Secretariat for the Bamako Convention, and that designated Centers for the Basel and Stockholm conventions in Africa are ipso facto designated centers for the Bamako Convention. [314]

 

5.4.5 Secretariat to the African Convention on Conservation of Nature and Natural Resources (Maputo Convention)

 

The Maputo Convention is a revised version of the Algiers Convention of 1968 on the same topic. [315] The Maputo Convention has stronger institutional mechanisms for effective implementation than the Algiers Convention. [316] The Convention is not yet in force. It shall enter into force 30 days after 15 states have deposited instruments of ratification, acceptance, approval or accession. [317] The objectives of the Convention are to enhance environmental protection; foster the conservation and sustainable use of natural resources; and harmonize and coordinate policies in these fields with a view to achieving ecologically rational, economically sound and socially acceptable development policies and programmes. [318] The AU Commission’s Department of Rural Economy and Agriculture currently acts as the Convention Secretariat.

 

5.4.6 African Energy Commission (AFREC)

AFREC was established by the Convention of the African Energy Commission, which was adopted in July 2001 and entered into force in December 2006. AFREC is an AU Commission technical agency responsible for supporting the energy sector’s functions of developing and managing energy resources across Africa. AFREC’s objectives include to map out energy development policies, strategies and plans based on sub-regional, regional and continental development priorities and recommend their implementation; design, create and update an energy continental data base and facilitate rapid dissemination of information and exchange of information among Member States, as well as among the Regional Economic Communities (RECs); and to encourage research and development in the energy sector. [319] AFREC reports to the Conference of African Energy Ministers CAMEN. The African Electrotechnical Standardization Commission (AFSEC), a subsidiary of AFREC was launched in February 2008. AFREC is based in Algiers, Algeria. [320]

 

5.4.7 African Commission on Nuclear Energy (AFCONE)

The African Commission on Nuclear Energy (AFCONE) was established by the African Nuclear Weapons Free Zone Treaty (Pelindaba Treaty) which was adopted in November 2001 and entered into force in July 2009. The Parties are obliged not to conduct research on, develop, manufacture, stockpile or otherwise acquire, possess, or have control over any nuclear explosive device by any means anywhere; not to seek or receive any assistance in the research on, development, manufacture, stockpiling or acquisition, or possession of any nuclear explosive device; and not to take any action to assist or encourage the research on, development, manufacture, stockpiling or acquisition, or possession of any nuclear explosive device. [321] The Parties also undertake to prohibit, in their territory, the stationing of any nuclear explosive device. [322] The Commission promotes peaceful nuclear cooperation, at the bilateral, sub-regional and regional levels. [323] The first Conference of States Parties agreed that its headquarters will be in South Africa.  Currently, AFCONE is based at the AU Commission’s Department of Infrastructure and Energy in Addis Ababa, pending the establishment of a permanent secretariat in South Africa.

 

5.4.8 African Union Institute for Statistics

The African Charter on Statistics was adopted on 4 February 2009. The objectives of the Charter, inter alia , are to serve as the policy framework for, and as an advocacy tool and instrument for statistics development in Africa; and to ensure improved quality and comparability of the statistics required to monitor the economic and social integration process in the continent. [324] The Charter shall enter into force 30 days after the deposit of instruments of ratification by 15 Member States. [325] The AU Assembly has approved the establishment of two (2) institutions: the AU Institute of Statistics to be based in Tunis, Tunisia and the African Statistical Training Centre that will be based in Yamoussoukro, Cote d’Ivoire. [326] Both institutions shall be established under article 7 of the African Charter on Statistics which provides for an appropriate mechanism for the implementation, monitoring and evaluation of the Charter.

 

5.4.9 Pan African Youth Union

The Pan African Youth Movement (PYM), the predecessor of the Pan African Youth Union (PYU), was established on April 26, 1962. PYU is the apex body for National Youth Coordinating Bodies and Mechanism in Africa. PYU’s objectives are to promote active youth participation at national, regional and international levels; promote and protect African Youth rights in accordance with the African Youth Charter; protect, save and conserve Africa's natural resources; promote research in all fields at all levels; and address and promote channels of discussing and articulating socioeconomic issues that inhibit the capacity of the youth. [327] AYU’s structure includes a Congress, Executive Committee, regional bodies and specialized committees. Members are elected every three years. PYU is led by a President and the General Secretariat is headed by a Secretary General. The head office of AYU is in Pretoria, South Africa. AYU’s 4th annual summit, to be co-hosted with the government of Uganda in July 2015, will be the first youth conference on regional integration of Africa. [328]

 

5.4.10 African Airlines Association (AFRAA)

The African Airlines Association (AFRAA) was established in April 1968 in Accra, Ghana, as a trade organization with membership open to African states’ airlines. AFRAA is an AU specialized agency established under the auspices of the OAU. The objectives of AFRAA include: to facilitate the establishment of industry best practices in safety and security; to be the repository of data and its analysis; provide a platform for consensus building among member carriers; facilitate joint projects between member airlines; support human capital development; interact with the regulatory bodies; provide a knowledge exchange forum; facilitate the development of environmental policies in keeping with industry best practices; and reflect a positive image of African airlines worldwide. [329] The Annual General Assembly, composed of the Chief Executives of member airlines is the highest policy making body of the Association. The Annual General Assembly is presided over by the Association’s President, while executive authority is exercised by a twelve (12) member Executive Committee, elected on a sub-regional basis. The Secretariat is headed by a Secretary-General and serves as the administrative, co-ordination and research center for the Association. [330]

 

5.4.11 African Telecommunications Union (ATU)                       

The African Telecommunications Union (ATU) was founded in 1977 as an OAU specialized agency. ATU is the leading continental organization fostering developments of information and communications technologies infrastructure and services. ATU’s mission is to promote the rapid development of the ICTs in Africa in order to achieve universal service and access to broadband. ATU’s objectives include promoting the development and adoption of appropriate African telecommunications policy and regulatory frameworks; the financing and funding of telecommunications development and programmes for the development of the African Information Society. [331] The organs of ATU are the Conference of Plenipotentiaries, the Administrative Council, the Technical and Development Conference, and the General Secretariat. [332] The Conference of Plenipotentiaries is the supreme organ of the Union. It consists of duly accredited delegations of Member States headed by the Ministers in charge of telecommunications or any other Plenipotentiaries designated by Member States. [333] ATU is administered by a Secretariat comprising a Secretary-General assisted by the Directors of Sectors, Heads of Departments and an Internal Auditor. [334] ATU has 23 associate members composed of fixed and mobile telecom operators. [335] The seat of ATU is in Nairobi, Kenya. [336]

 

5.4.12 Pan African Postal Union (PAPU)

PAPU was established on 17 January 1980 by the Pan African Postal Union Convention. [337] The Convention entered into force in July 1980. The objectives of PAPU, a specialized agency of the OAU are inter alia: to maintain and extend co-operation on postal matters in Africa; harmonize tariff structure among Member-States; promote the establishment of multi-national regional and sub-regional postal training institutes in Africa; and to publish information and research material on postal services. [338] The permanent organs of PAPU are the Plenipotentiary Conference, the Administrative Council and the General Secretariat. [339] The Plenipotentiary Conference of Ministers is the supreme organ of PAPU and is responsible for Communications and Information Technology, and meets every four years to approve a programme of activities. [340] The Administrative Council, composed of sixteen (16) Member States, runs PAPU’s affairs between sessions. [341] The General Secretariat is the executive organ of PAPU. [342] The Conference or the Council may set up Administrative and Technical Committees. [343] The Union is based in Arusha, United Republic of Tanzania. [344]

 

5.4.13 African Union Observatory for Science, Technology and Innovation (AOSTI)

In February 2009, the AU Assembly at its 12th Summit in Addis Ababa endorsed Equatorial Guinea’s offer to host the Observatory for Science, Technology and Innovation (AOSTI). [345] At the joint meeting of the African Union (AU)-UNESCO Commission held on 9-12 March 2009, the AU requested assistance from UNESCO in establishing AOSTI. The aim of AOSTI is to stimulate and promote the use of science and technology in supporting sustainable development in Africa. AOSTI is a continental repository for science, technology and innovation (STI) statistics and a source of policy analysis in support of evidence based policy making in order to assist Africa countries manage and use statistical information in accordance with the African Charter of Statistics. [346] The objectives of AOSTI include: enabling African countries to use their STI capabilities to solve pressing economic, social, environmental and other development challenges; strengthening national capacities for STI policy formulation, implementation, evaluation and review; provide African decision-makers with current STI information; strengthening national capacities for technology prospecting, acquisition or procurement; and reinforcing regional and international STI cooperation. [347] The staff of AOSTI comprise of a Director and a three (3) man team of senior technical experts. AOSTI is based in Malabo, Equatorial Guinea. [348]

 

5.4.14 Pan African University (PAU)

The Pan African University is an initiative of the Heads of State and Government of the African Union. It is a premier continental university network whose mission is to provide wholesome postgraduate education geared towards the achievement of a prosperous, integrated and peaceful Africa. [349] The AU Assembly adopted the Statutes of the Pan African University at its 20th ordinary session in January 2013. [350] The Pan African University is an academic network of existing African institutions operating at graduate level. [351] PAU is supported by the Association of African Universities. PAU is expected to create high quality continental institutions to bridge the educational gap between Africa and other parts of the world and to promote innovative teaching, learning and research within Africa. PAU’s objectives include: developing continent-wide and world-class graduate and postgraduate programmes in science, technology, innovation, humanities and social sciences and governance; stimulating collaborative, internationally competitive, leading edge fundamental and economic growth-oriented research; and enhancing the mobility of students and academic staff among African universities to improve teaching and collaborative research. [352] Article 14 of the PAU Statute provides for the establishment of an endowment fund based on voluntary contributions from AU Member States, Regional Economic Communities (RECs) and AU partners.

 

PAU is designed to operate in a series of thematic hubs in five geographic sub-regions. [353] The five thematic areas are:  Basic Sciences, Technology and Innovation at Jomo Kenyatta University of Agriculture and Technology, Kenya; Life and Earth Sciences, including Health and Agriculture at the University of Ibadan, Nigeria; Governance, Humanities and Social Sciences at the University of Yaoundé II, and the University of Buea, Cameroon; Water and Energy Sciences, including climate change, at the University of Tlemcen, Algeria. The Space Sciences is to be based in Southern Africa, with a yet to be identified host institution. The management organs of the PAU are the PAU Council, the Rectorate, Board of Institutes, and the Senate. The Rector of the PAU is equivalent in rank to the Vice Chancellor of the host University housing the PAU Institute. [354]

 

5.4.15 African Risk Capacity (ARC) Agency

The AU Assembly at its 19th ordinary session in Addis Ababa in July 2012 endorsed in principle the proposal to establish a financial entity, the African Risk Capacity (ARC) Agency. [355] The Agreement for the Establishment of the African Risk Capacity has entered into force. [356] The objective of the ARC Agency is to assist the Member states to reduce the risk of loss and damage caused by extreme weather events and natural disasters therefore protecting the food security of their vulnerable populations. [357] The ARC Agency will use Africa RiskView, an advanced satellite weather surveillance and software, developed by the UN World Food Programme (WFP), to estimate and trigger readily available funds to African countries hit by severe weather events. [358]

 

The organs of the ARC Agency are the Conference of the Parties; the Governing Board; and the Secretariat. [359] The Conference of the Parties is composed of all Parties to the Agreement, represented by Ministers or authorized representatives. [360] The quorum for a Conference of the Parties shall be a simple majority of the Parties of the ARC Agency. [361] The Governing Board is composed of five (5) members, and one (1) alternate for each such member. [362] The Secretariat is currently headed by an interim Director General pending the appointment of a regular Director General. [363] The ARC Agency is based in Johannesburg, South Africa. [364]

 

5.4.16 Pan African Intellectual Property Organisation (PAIPO)

In January 2013, the AU Assembly at its 20th ordinary summit in Addis Ababa agreed to establish the Pan African Intellectual Property Organization (PAIPO). [365] The creation of PAIPO was first proposed at the 5th ordinary session of the African Union Conference of Ministers in charge of Science and Technology (AMCOST V) held in Brazzaville, Republic of Congo, from 12 to 15 November 2012. [366] The creation of PAIPO is in recognition of the need to address the continued need to promote creativity and utilization of the Intellectual Property system amongst Member States. [367] The Government of Tunisia has offered to host PAIPO. [368]

 

6. The Relation between the AU and Sub-Regional Organizations

Currently there are over ten sub-regional organizations in Africa.  The African Union initially recognized eight sub-regional organizations: Economic Community of West African States (ECOWAS), Common Market of East and Southern Africa (COMESA), Economic Community of Central African States (ECCAS), Southern African Development Community (SADC), Inter-Governmental Authority for Development (IGAD), Arab Maghreb Union (AMU), Economic Community of Sahelo-Saharian States (CEN-SAD) and East African Community (EAC). [369] The AU has recognized two additional sub-regional organizations: the East African Stand-by Force Command (EASFCOM) and the North African Regional Capability (NARC). [370] The African sub-regional organizations were initially established as economic communities in their respective sub-region. There is no clear framework to coordinate the economic objectives of the AU with the sub-regional organizations.

 

Moreover, the major sub-regional organizations have developed norms and institutions on security. In this regard, the Peace and Security Council Protocol provides that the sub-regional organizations are part and parcel of the continental security architecture. [371] The African Common Defense and Security Policy reaffirms that sub-regional organizations are the implementing institutions of the AU norms on the prevention, management and resolution of conflict under the umbrella of the Peace and Security Council. [372] In January 2008, the Memorandum of Understanding on Cooperation on Peace and Security between the AU and the Regional Economic Communities (RECs)/ Regional Mechanisms (RMs) for Conflict Prevention, Management and Resolution was concluded in Addis Ababa. [373] All REC/RMs have signed the MOU. The last to do so was the North African Regional Capability (NARC), in September 2011. In the framework of this MOU, the parties hold regular meetings, joint missions and consultations, inter alia, working together to make the African Standby Force (ASF) fully operational.

 

7. The Status of the AU under the UN Charter

The UN Charter provides the following characteristics of regional organizations under Article 52(1):

Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangement or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

 

The words ‘agencies’ or ‘arrangements’ under Article 52(1) of the UN Charter refer to the kind of regional organisation that member States may establish. [374] Thus, ‘arrangements’ are organisations based on multilateral treaties among States while ‘agencies’ refer to regional organisations with various kinds of organs of implementation of the multilateral treaties. [375]   The criteria for determining whether an organisation is a regional organisation under Article 52 (1) of the UN Charter are two: [376]

 

1) The organisation should play a role in the maintenance of international peace and security as is appropriate for regional action.

 

2) The objectives of organisation and its activities should be compatible with the purposes and principles of the United Nations.

 

When seen against the above criteria, the AU can be characterised as a regional organisation under Article 52(1) of the UN Charter as it is meant to play a role in the maintenance of peace and security in Africa [377] and observe the purposes and principles of the UN. [378] Moreover, the Protocol for the establishment of the AU Peace and Security Council as well as the various statements of the AU organs indicate that the AU considers itself as a regional organization within the meaning of Article 52(1) of the UN Charter. [379]   For instance, in its 10 th ordinary session, the AU Assembly  called upon the UN ‘to examine, within the context of Chapter VIII of the United Nations Charter, the possibility of funding, through assessed contributions, peacekeeping operations undertaken by African Union or under its authority and with the consent of the United Nations.’ [380] In its various communications, the UN Security Council has also recognised the AU as a regional organisation within the parameter of the principles laid down in Articles 52 and 53 of the UN Charter. [381]

 

8. The Status of the AU Treaties

The transformation of the Organization of African Unity (OAU) into the new continental organization of the AU in 2001 makes it necessary to discuss the current status of the treaties that were signed and ratified under the aegis of the OAU. Currently there are 48 treaties under the auspices of the African Union, and 30 of these treaties have entered into force. [382] About 40 per cent of these treaties were adopted under the auspices of OAU, the predecessor of the AU. The treaties adopted under the OAU are assumed by the AU and continue to be binding on those States, which have signed and ratified them.

 

9. Key Documents

 

·        Constitutive Act of the African Union (adopted 11 July 2000, entered into force 26 May 2001).

·        Protocol on Amendments to the Constitutive Act of the African Union (adopted on 3 February 2003 and 11 July 2003).

·        Protocol relating to the establishment of the Peace and Security Council of the African Union (adopted 9 July 2002, entered into force 26 December 2003).

·        Protocol to the African Charter on Human and Peoples’ Rights on the establishment of an African Court on Human and Peoples’ Rights (adopted 9 June 1998, entered into force 25 January 2005).

·        Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (adopted 2 March 2001, entered into force 14 December 2003)

·        Protocol of the Court of Justice of the African Union (adopted 11 July 2003, entered into force 11 February 2009).

·        African Charter on the Rights and Welfare of the Child (adopted 1 July 1990, entered into force 29 November 1999).

·        African Union (Assembly of Heads of State and Government) ‘Solemn Declaration on a Common African Defense and Security Policy’ (Sirte 2004). 

·        Organization of African Unity (Assembly of Heads of State and Government) ‘Sirte Declaration’ (Sirte 1999) EAHG/Draft/Decl. (IV) Rev.1.

·        African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986).

·        African Union Non-Aggression and Common Defence Pact (adopted 31 January 2005, entered into force 18 December 2009).

·        African Union (Assembly of Heads of State and Government) ‘Statutes of the Commission of the African Union’ (Durban 2002) ASS/AU/2(I).

·        African Union (Assembly of Heads of State and Government) ‘Statutes of the Economic, Social and Cultural Council of the African Union’ (Addis Ababa 2004) AU/Dec.48 (III).

·        African Union (Assembly of Heads of State and Government) ‘Rules of Procedure of the Assembly’ (Durban, 2002) ASS/AU/Dec.2 (I).

·        African Union (Assembly of Heads of State and Government) ‘Rules of Procedure of the Executive Council’ (Durban, 2002).

·        African Union (Assembly of Heads of State and Government) ‘Rules of Procedure of the Permanent Representative Committee’ (Durban, 2002) Ass/AU/Dec.2 (I).

·        African Union (Executive Council) ‘Decision on the Operationalization of the Peace and Security Council’ (Addis Ababa, 2004) EX/CL/Dec. 79(IV).

·        African Union (Pan-African Parliament) ‘Rules of Procedure’ (Midrand, 2004).

·        Rules of Procedure of the African Commission on Human and Peoples’ Rights (adopted on 6 October 1995).

·        International Panel of Eminent Personalities to investigate the 1994 Genocide in Rwanda and the Surrounding Events, Rwanda: ‘The Preventable Genocide’ (Report) (2000).

·        African Standby Force Peace Support Operations Doctrine, Final Draft (2006) Peace Support Operations Division, Peace and Security Directorate, African Union.

·        Roadmap for the operationalisation of the African Standby Force’ (Addis Ababa, March 2005) Exp/AU-RECs/ASF/4(I).

·        African Union (Peace and Security Council) ‘Policy Framework for the Establishment of the African Standby Force and the Military Staff Committee’ (Addis Ababa, 2003) Exp/ASF-MSC/2(I) Part I.

·        African Union ( Assembly of Heads of State and Government) ‘Decision on the Merger of the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union’ ( Sirte 2005)  Assembly/AU.DEc.83 (V).

·        Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted in July 2003, entered into force on 25 November 2005)

·        Declaration on the Decade of a Culture of the Rights of the Child in West Africa (2001-2010).

·        The Dar es Salaam Declaration on Academic Freedom and Social Responsibility of Academics (1990)

·        The Kampala Declaration on Intellectual Freedom and Social Responsibility (1990).

·        OAU Convention on the Prevention and Combating of Terrorism (adopted on 1 July 1999, entered into force on 2 December 2002).

·        Protocol to the OAU Convention on the Prevention and Combating of Terrorism (adopted 1 July 2004).

·        African Maritime Transport Charter (adopted 26 July 2010; this Charter revised the 1994 Charter).

·        African Charter on Democracy, Elections and Governance (adopted 30 January 2007, entered into force 15 February 2012).

·        Statute of the African Union Commission on International Law, 4 February 2009 (this Statute does not require signature or ratification).

·        Protocol on the African Investment Bank (adopted 30 June 2009)

·        African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (adopted 23 October 2009, entered into force 6 December 2012)

·        Agreement for the Establishment of the African Risk Capacity (ARC) Agency (adopted and entered into force 23 November 2012).

·        African Union Convention on Cross-Border Cooperation (Niamey Convention) (adopted 27 June 2014)                                              

·        Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (adopted 27 June 2014).                                          

·        Protocol on the Establishment on the African Monetary Fund and the Statute of the African Monetary Fund  (adopted 27 June 2014).                                   

·        Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (adopted 27 June 2014).                  

 

10. Useful Links

·        The African Union

 

11. Selected Bibliography

 

Books:

 

·        Adejumobi, Said and Adebayo Olukoshi (eds.). The African Union and New Strategies for Development in Africa (Cambria Press 2008) 483p.

·        The African Union: Legal and Institutional Framework: a Manual on the Pan-African Organization . (Martinus Nijhoff Pub. 2012) 576p.

·        African Union and Pan African Parliament, Pan-African Parliament: One Africa, One Voice (Highbury Safika Media 2006) 272p.

·        Akokpari, John et. al. (eds.). The African Union and its Institutions (Fanele 2008) 390p.

·        Bah, Alhaji Sarjoh et. al. The African Peace and Security Architecture: a Handbook. (Friedrich-Ebert-Stiftung  2014)

·        Developing the Mediation and Post-conflict Reconstruction and Development Pools of the African Union Peace and Security Department Civilian Standby Roster: a Research Report Based on a Workshop Held in Durban, South Africa from 14-15 April,  2011 (African Centre for the Constructive Resolution of Disputes (ACCORD) 2011) 52 p.

·        Edozie, Rita Kiki and Keith Gottschalk. The African Union's Africa: The African Union's Africa: New Pan-African Initiatives in Global Governance. (Michigan State University Press, 2014) 263p.

·        Govender, Kruschen with Yvette Ngandu. Towards Enhancing the Capacity of the African Union in Mediation (ACCORD c2010) 54 p.

·        Ikome, Francis Nguendi. From the Lagos Plan of Action to the New Partnership for Africa's Development: the Political Economy of African Regional Initiatives (Institute for Global Dialogue 2007) 208p.

·        Jeng, Abou. Peacebuilding in the African Union: Law, Philosophy and Practice (Cambridge University Press 2012) 334p.

·        Makinda, Samuel M. and F. Wafula Okumu. The African Union: Challenges of Globalization, Security, and Governance. (Routledge 2008) 209p.

·        Mbondenyi, Morris Kiwinda. International Human Rights and their Enforcement in Africa (LawAfrica Pub. c2011) 496p.

·        Muchie, Mammo et. al . (eds.). The African Union Ten Years After: Solving African Problems with Pan-Africanism and the African Renaissance (eBook) (Africa Institute of South Africa 2013) 566p.

·        Murray, Rachael. Human Rights in Africa: from the OAU to the African Union (Cambridge University Press 2004) 349p.

·        Ndinga-Muvumba, Angela et. al . (ed.). Mediating Peace in Africa: Securing Conflict Prevention; Strengthening the Mediation and Conflict Prevention Aspects of the African Peace and Security Architecture (African Centre for the Constructive Resolution of Disputes 2009) 50 p.

·        Nyong’o, Peter Anyang et. al. (eds.). New Partnership for Africa’s Development (NEPAD): A New Path? (English Press Ltd Nairobi 2002).

·        Strengthening Popular Participation in the African Union: a Guide to AU Structures and Processes . (Open Society Initiative for Southern Africa (OSISA) and Oxfam, 2009) 66p.

·        Viljoen, Frans. International Human Rights Law in Africa (Oxford University Press 2012) 622p.

 

Articles:

 

·        Abass, Ademola. “Prosecuting International Crimes in Africa: Rationale, Prospects and Challenges” (2013) 24 (3) EJIL 933.

·        Akonor, Kwame. “Assessing the African Union's Right of Humanitarian Intervention”. (2010) 29 (2) Criminal Justice Ethics 157.

·        Aneme, G. A. and S. Alemahu Yeshanew. “A Study of the African Union's Right of Intervention against Genocide, Crimes Against Humanity and War Crimes 2011 (2012) 12 AHRLJ 292.

·        Bongila, Jean-Pierre. “Grounding Leadership Ethics in African Diaspora and Election Rights” (2012) 29 (1) Journal of Third World Studies 263.

·        Dinkopila, Bonolo Ramadi. “Pan-African Parliament and African Union Human Rights Actors, Civil Society and National Human Rights Institutions: The Importance of Collaboration” (2013) 13 (2) Afr. Hum. Rts. L.J. 302.

·        Edozie, Rita. “The Sixth Zone: The African Diaspora and the African Union's Global Era Pan Africanism” (2012) 16 (2) Journal of African American Studies 268.

·        Fagbayibo, Babatunde. “The (Ir)relevance of the Office of the Chair of the African Union Commission: Analysing the Prospects for Change” (2012) 56 (1) J Afr L 15.

·        Fagbayibo, Babatunde. “Rethinking the African Integration Process: A Critical Politico-Legal Perspective on Building a Democratic African Union” (2011) 36 S. Afr. Y.B. Int'l L. 209.

·        Feldman, Robert L. “Problems Plaguing the African Union Peacekeeping Forces” (2008) 24 (3) Defense & Security Analysis 267.

·        Ferreira-Snyman, M. P. “Regionalism and the Restructuring of the United Nations with Specific Reference to the African Union” (2011) 44 Comp & Intl LJ S Afr .360.

·        Ferreira-Snyman, M. P. and G. M. Ferreira. “The Harmonisation of Laws within the African Union and the Viability of Legal Pluralism as an Alternative” Summ. in Afrikaans (2010) 73 Tydskrif vir Hedendaagse Romeins-Hollandse Reg 608.

·        Ibrahim, Abadir M. “Evaluating a Decade of the African Union's Protection of Human Rights and Democracy: a Post-Tahrir Assessment” (2012) 12 (1) Afr. Hum. Rts. L.J. 30.  

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[1] Charter of the Organization of African Unity (adopted 25 May 1963, entered into force 13 September 1963).

[2] Organization of African Unity (Assembly of Heads of State and Government) ‘Decision on the Review of the Charter’ (Monrovia 1979) AHG/Dec.111 (XVI) Rev.1.

[3] See Organization of African Unity (Charter Review Committee) ‘Rapporteur’s Report’ (Addis Ababa 1989) CAB/LEG/23.6/200 where the Committee proposed sanction against member states who violate the norms of the organization ; Organization of African Unity ( Charter Review Committee) ‘Report of the Secretary-General on the Review of the OAU Charter’ ( Addis Ababa 1996) CAB/LEG/23.6/58/VOL.IV where proposals for the establishment of an African Defense Force, an African Commission of Jurists, Regional Parliament and an African Court of Justice were made.

[4] It was Libya, which made the call for extra-ordinary session of the OAU. This is done in accordance with Article 5 of the Rules of Procedure of the OAU Assembly of Heads of State and Government that provides that ‘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.’

[5] Organization of African Unity (Assembly of Heads of State and Government) ‘Decision on the Convening of  an Extraordinary Session of the OAU Assembly of Heads of State and Government in accordance with Article 33(5) of  its Rules of Procedure’ (Algiers 1999)  AHG/Dec. 140 (XXXV). The reference to Article 33(5) of the Rules of Procedure must be an error meant to refer to Article 5.

[6] Organisation of African Unity (Assembly of Heads of State and Government) ‘Sirte Declaration’ (Sirte 1999) EAHG/Draft/Decl. (IV) Rev.1.

[7] Ibid art 8(iii) and (iv).

[8] See Organization of African Unity (Council of Ministers) ‘Progress Report of the Secretary-General on the Implementation of the Sirte Declaration’ (Addis Ababa 2000) CM/2146(LXXI).

[9] Organization of African Unity, Inter-Departmental Task Force on the Implementation of the Sirte Declaration, CAB/LEG/23.15.

[10] Organization of African Unity, Implementation of Sirte Declaration of 9.9.99: Report and Recommendations of Consultants CAB/LEG/23.15/3/Vol.IV.

[11] Organization of African Unity (Legal Experts and Parliamentarians on the establishment of the African Union and the Pan-African Parliament) ‘Report’ (Addis Ababa 2000) CAB/LEG/23.15/6/VOL/ IV. 

[12] Organization of African Unity (Ministerial Conference on the Establishment of the African Union and the Pan-African Parliament) ‘Report, (Tripoli 2000) Sirte/Min/Rpt (I). The Ministerial conference was dissatisfied with the draft Constitutive Act presented and lamented that the draft did not capture the spirit of the Sirte Declaration for the establishment of a Confederation of African States.

[13] See Organization of African Unity (Council of Ministers) ‘Report of the Seventy-Second Ordinary Session of the Council of Ministers’ (Lomé 2000) CM/Rpt (LXXII).

[14] Organization of African Unity (Council of Ministers) ‘Decision on the Draft Treaty establishing the African Union and the Draft Protocol to the Treaty establishing the African Economic Community relating to the Pan-African Parliament’ (Togo 2000)  CM/Dec.519(LXXII) Rev.1.

[15] Organization of African Unity (Assembly of Heads of State and Government) ‘Decision on the establishment of the African Union and the Pan-African Parliament’ (Togo 2000) (AHG/Dec.143 (XXXVI).

[16] Organization of African Unity (Assembly of Heads of State and Government) ‘Decision on the African Union’ (Sirte 2001) EAHG/Dec.1 (V).

[17] Constitutive Act of the African Union (adopted 11 July 2000, entered into force 26 May 2001).

[18] Assembly of the African Union, First Ordinary Session, 9-10 July 2002, Durban, South Africa.

[19] Constitutive Act (n 17) art 29(1).

[20] . Constitutive Act (n 17) Art. 29 (2).      

[21] Constitutive Act (n 17) art 27(1).

[22] Morocco is the only African State, which is not a member of the AU. Morocco withdrew in 1984 from the OAU, the predecessor of the AU, protesting the admission of Western Sahara.

[23] . See Communiqué - Peace and Security Department of the AU, Addis Ababa, 25 March 2013, PSC/PR/COMM.(CCCLXIII) (Central African Republic); Communiqué - Peace and Security Department of the AU, Addis Ababa, 5 July 2013, PSC/PR/COMM.(CCCLXXXIV) (Egypt); Communiqué - Peace and Security Department of the AU, Addis Ababa, 20 March 2009 (PSC/PR/COMM.(CLXXXI) (Madagascar); and Communiqué - Peace and Security Department of the AU, Addis Ababa, 17 April 2012 (PSC/PR/COMM.(CCCXVIII) (Guinea Bissau). Guinea was suspended from the AU in December 2008 but the AU Peace and Security Council lifted sanctions in December 2010.

[24]   See African Union (Executive Council) ‘Decision on the First African Union Diaspora Ministerial Conference on the modalities for Diaspora participation in the organs and activities of the Union’ (Addis Ababa, 2008) EX.CL/Dec. 406 (XII). The Executive Council suggested that the African Diaspora be treated as Africa’s sixth region and its participation in the AU’s organs and activities be strengthened; see also Protocol on Amendments to the Constitutive Act art. 3 (g).

[25]   See African Union (Assembly of Heads of State and Government) ‘Resolution on the Diaspora - Doc. Assembly/AU/14(XVIII) Add.3’ (Addis Ababa 2012) Assembly/AU/Res.1(XVIII)); The criteria for granting observer status is set out in Executive Council decision 195(VII) of July 2005.

[26] Constitutive Act (n 17) art 31 (1).

[27] Ibid.

[28] Constitutive Act (n 17) art 31 (2).

[29] See Protocol on Amendments to the Constitutive Act of the African Union (adopted on 3 February 2003 and 11 July 2003).

[30] African Union ‘Explanatory Notes on the Libyan Proposals for Amendment of the Constitutive Act of the African Union’, Proposed Amendments to Articles of the Constitutive Act of the African Union, (proposed by the Great Socialist Peoples’ Libyan Arab Jamahiriya), AHG/238(XXXVIII) provide that ‘It is quite obvious that a Member State can always withdraw from an international organization even where the treaty is silent on withdrawal or denunciation. This is the case with the United Nations Charter where some countries have withdrawn notwithstanding that it is not mentioned textually. Libya’s proposal is that this right should not be mentioned in the Act, as if states are being invited to withdraw or denounce the Act’. In the text of the same document of the proposed amendment under Article 31, Libya went further than its explanatory notes and stated that Article 31 should be deleted because ‘a state whose policy-making bodies have ratified the Constitutive Act has no grounds to withdraw from the Union, renounce its membership and request that the Act should cease to apply to it.’

[31] Constitutive Act (n 17) preamble paragraph 1 provides that member States are ‘inspired by the noble ideals which guided the founding fathers of our Continental Organisation OAU and generations of Pan-Africanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples of Africa and African States’.

[32] Ibid preamble paragraph 7, art 3, (a)-(d), (i)-(m).

[33] Constitutive Act (n 17) preamble paragraph 8.

[34] Ibid.

[35] See section 4.5 on the Peace and Security Council.

[36] Constitutive Act (n 17) preamble paragraph 10.

[37] Ibid preamble paragraph 9.

[38] Ibid art 3 (e) and (h).

[39] Ibid art 3 (g).

[40] African Union (Assembly of Heads of State and Government) ‘Solemn Declaration on a Common African Defense and Security Policy’ (Sirte 2004) art 8(i) (c): ‘Lack of respect for the principle of non-interference by one Member State in the internal affairs of another’.

[41] Constitutive Act (n 17) art 4(g).

[42] Ibid art 4 (o).

[43] African Union Non-Aggression and Common Defence Pact (adopted 31 January 2005, entered into force 18 December 2009).

[44] Constitutive Act (n 17) art 4 (f).

[45] See also Common African Defence and Security Policy (n 40) art 12 (iv) ‘African countries shall, subject to the generally accepted norms of free speech, not engage in, or allow non-state entities to engage in any actions, that incite or intend to incite individuals or groups in the territory of other African countries to violence, which actions amount to propaganda for war or advocate hatred based on race, ethnicity, gender or religion’.

[46] Protocol on Amendments to the Constitutive Act (adopted 11 July 2003) Assembly/AU/Dec.26 (II) art 4 (q) (r); For analysis on the amendment see Tiyanjana Maluwa, ‘Fast-Tracking African Unity or Making Haste Slowly? A Note on the Amendments to the Constitutive Act of the African Union’ (2004) 51(2) NILR 195, 220-223.

[47] Constitutive Act (n 17) art 4 (a) and (b).

[48] Ibid art 4 (e) and (i).

[49] Ibid art 4(h).

[50] Protocol on Amendment (n 46) art 4 (h).

[51] Constitutive Act (n 17) art 4(j).

[52] Protocol relating to the establishment of the Peace and Security Council of the African Union (adopted 09 July 2002, entered into force 26 December 2003) art 7 (1) (f) available at http://www.au.int/en/content/protocol-relating-establishment-peace-and-security-council-african-union (accessed 11 August 2015).

[53] Constitutive Act (n 1) art 4 (m), (n).

[54] For details on NEPAD see Peter Anyang Nyong’o et. al. (eds.), New Partnership for Africa’s Development (NEPAD): A New Path? (English Press Ltd, Nairobi 2002).

[55] Constitutive Act (n 17) art 4 (p).

[56] Constitutive Act (n 17) art 4 (o).

[57] Constitutive Act (n 17) art 5(1).

[58] Constitutive Act (n 17) art 6 (1).

[59] Constitutive Act (n 17) art 6 (2); African Union (Assembly of Heads of State and Government) ‘Rules of Procedure of the Assembly’ (Durban 2002) Ass/AU/Dec.2 (I) Rule 3. An Amendment was made to the Rules of Procedure of the Assembly in 2007 (Assembly/AU/Dec.146 (VIII)). However, the amendment does not affect the explanations provided here. For details on the amendments, see African Union (Executive Council) ‘Report of the PRC and Legal Experts on Various Legal Matters’ (Sirte 2005) EX.CL/195 (VII).

[60] Constitutive Act (n 17) art 6 (3); See Assembly Rules of Procedure (n 59) Rules 5-14 on the details of meetings of the Assembly.

[61] African Union (Assembly of Heads of State and Government) ‘Decisions on the Periodicity of the ordinary sessions of the Assembly’ (July 2004, Addis Ababa) Assembly /AU/Dec.53 (III).

[62] Assembly Rules of Procedure (n 59) Rule 5(1).

[63] Ibid Rule 5(3).

[64] Ibid Rule 5(1).

[65] Ibid Rule 13.

[66] Ibid.

[67] Constitutive Act (n 17) art 7.

[68] Constitutive Act (n 17) art 6(4); Assembly Rules of Procedure (n 59) Rule 15.

[69] Constitutive Act (n 17) art 6(4); Assembly Rules of Procedure (n 59)   Rule 15 (1).

[70] Assembly Rules of Procedure ( n 59) Rule 15(2): ‘Where the Assembly accepts an invitation from a Member State in conformity with the criteria laid down in Rule 5 of these Rules, the Head of State or Government of the host country shall have the right to preside over the Assembly.’

[71] Assembly Rules of Procedure (n 59) Rule 15(1).

[72] Ibid Rule 16, 1-4.

[73] Constitutive Act (n 17) art 9(a).

[74] Ibid art 9(b), (e).

[75] Assembly Rules of Procedure (n 59) Rule 4(d).

[76] Ibid Rule 4 (g).

[77] Protocol to the African Charter on Human and Peoples’ Rights on the establishment of an African Court on Human and Peoples’ Rights ( adopted 9 June 1998, entered into force 25 January 2005)   arts 14 and 19; Constitutive Act ( n 17) art 9(h) .

[78] See section 4.10 for details on the AU Commission.

[79] Assembly Rules of Procedure (n 59) Rule 4 (t).

[80] Constitutive Act (n 17) art 9(i). 

[81] Ibid art 26.

[82] Ibid art 9(2).

[83] African Union ( Assembly of Heads of State and Government) ‘Decision on the Establishment of the High Level Committee  of  Heads  of  State  and  Government on  the  Post  2015  Development  Agenda’ (Addis Ababa, 2013) Assembly/AU/Dec .475(XXI). ‘Its mandate is to sensitise and coordinate the activities of African leaders and members of the UN High-Level Panel of Eminent Persons on the Post-2015 Development Agenda, and build regional and inter-continental alliances on the African common position on the post-2015 development agenda. The Committee is also tasked with assisting to finalise the African common position and ensure that Africa’s priorities are integrated in the new global agenda’.

[84] African Union (Assembly of Heads of State and Government) ‘Decision on Alternative Sources of Financing the African Union’ (Malabo, 2011) Assembly/AU/Dec.364 (XVII). ‘Its mandate is to investigate and report to the Assembly on possible alternative sources of financing for the AU’. The Panel proposed and the Assembly accepted the creation of an AU Foundation for voluntary contributions towards financing the African Union see African Union (Assembly of Heads of State and Government) ‘Decision on the Establishment of an African Union Foundation for Voluntary Contributions Towards Financing The African Union - Doc. Assembly/AU/6(XXI)’ (Addis Ababa 2013) Assembly/AU/Dec.487(XXI).

[85] Constitutive Act (n 17) art 10(1).

[86] Constitutive Act ( n 17) art 13(2) ; African Union ( Assembly of Heads of State and Government)  ‘Rules of Procedure of the Executive Council’ (Durban 2002)  Rule 2 . Rules of Procedure of the Executive Council in 2007 (Assembly/AU/Dec.146 (VIII)). However, the amendment does not affect the explanations provided here. For details on the amendments, see African Union (Executive Council) ‘Report of the PRC and Legal Experts on Various Legal Matters’ (Sirte 2005) EX.CL/195 (VII).

[87] Executive Council Rules of Procedure (n 86) Rule 5.

[88] Constitutive Act (n 17) art 13(1) (a –l).

[89] Ibid art 9 (2).

[90] Established by PRC document BC/OL/27.7.

[91] It replaces the Standing Sub-Committee on the Review of the Scale of Assessment, see EX.CL/Dec.4 (II) March 2003.

[92] Its terms of reference and composition are being developed.

[93] Constitutive Act (n 17) art 10 (2);  See Executive Council Rules of Procedure  ( n 86) Rules 7-14 for details on the meetings.

[94] Executive Council Rules of Procedure (n 86) Rule 16 1 and 2.

[95] Ibid Rule 14.

[96] Constitutive Act (n 17) art 11.

[97] See section 4.4 on the Permanent Representative Committee.

[98] Constitutive Act (n 17) arts 13(3), 15.

[99] Constitutive Act (n 17) art 14(1).

[100] Ibid art 14 (1) (a)-(g).

[101] Ibid art 14(2). 

[102] Ibid art 16.

[103] Constitutive Act ( n 17) art 21; African Union ( Assembly of Heads of State and Government)  ‘Rules of Procedure of the Permanent Representative Committee’ ( Durban 2002) Ass/AU/Dec.2(I)   Rule 3(2). An Amendment was made to the Rules of Procedure of the Permanent Representative Committee in 2007 (Assembly/AU/Dec.146 (VIII)). However, the amendment does not affect the explanations provided here. For details on the amendments, see African Union (Executive Council) ‘Report of the PRC and Legal Experts on Various Legal Matters’ (Sirte 2005) EX.CL/195 (VII).

[104] PRC Rules of Procedure (n 103) Rules 2, 4(1) (a).

[105] Ibid Rule 4(1).

[106] Constitutive Act (n 17) art 21(2); PRC Rules of Procedure (n 103) Rule 4 (c), (d).

[107] PRC Rules of Procedure (n 103) Rule 4(i), (l).

[108] Ibid Rule 4, 1(p).

[109] Ibid Rule 4(2).

[110] Ibid Rule 4(e).

[111] Ibid Rules 5 and 11.

[112] Ibid Rule 9.

[113] Louis Matshenyego Fisher et. al. Moving Africa Forward: African Peace and Security Architecture (APSA), 2010 assessment Study, 101p. (This Report was commissioned by the African Union’s Peace and Security Department and was Subsequently Adopted by the Third Meeting of the Chief Executives and Senior Officials of the AU, RECs and RMs on the Implementation of the MoU on Cooperation in the Area of Peace and Security, held from 4-10 November, 2010, Zanzibar, Tanzania); Alhaji Sarjoh Bah et. al. The African Peace and Security Architecture: a Handbook. (Friedrich-Ebert-Stiftung  2014)

[114] See Constitutive Act (n 17) art 5.

[115] Organization of African Unity (Assembly of Heads of State and Government) ‘Decision on the implementation of the Sirte Summit on the African Union’ (Lusaka 2001) AHG/Dec. 1 (XXXVII) art 8 (a) and (b).

[116] Ibid art. 8 (a) and (c).

[117] Organization of African Unity (Council of Ministers) ‘Decision on the establishment of the Peace and Security Council within the African Union’ (Durban 2002) CM/Dec.678.

[118] African Union (Assembly of Heads of State and Government) ‘Decision on the establishment of the Peace and Security Council of the African Union’ (Durban 2002) Ass/AU/Dec.3(I);  Protocol relating to the establishment of the Peace and Security Council of the African Union (adopted 09 July 2002, entered into force 26 December 2003). 

[119] Peace and Security Council Protocol (n 118) art 2(1); Constitutive Act (n 17) art 5(2) provides that the Assembly of the AU may decide to establish additional organs not provided for in the Constitutive Act;  article 20 (bis) of the Constitutive Act (as inserted by article 9 of the Protocol on Amendments to the Constitutive Act 2003.

[120] Peace and Security Council Protocol (n 118) art 8(1).

[121] Peace and Security Council Protocol (n 118) art 5(1) (a) ten members elected for a term of two years; and (b) five members elected for a term of three years in order to ensure continuity; see also African Union ( Executive Council) ‘ Modalities for the Election of Members of the Peace and Security Council’ ( March 2004) art 4 .

[122] Musifiky Mwanasali, ‘Emerging Security Architecture in Africa’ (2004) 17(4) Policy: Issues and Actors 14, provided that the composition of the Peace and Security Council was a matter of debate in the deliberations of the AU policy organs where ‘initially, the idea was to institute the equivalent in Africa of UN Security Council’s permanent members (i.e. the so-called African ‘hegemons’) and non-permanent rotating members’ which was later rejected.

[123] Peace and Security Council Protocol (n 118) art 5 (2) a-j.

[124] Modalities for the Election of Members of the Peace and Security Council (n 118 ) art 7.

[125] Ibid arts 10 and 11.

[126] African Union (Executive Council) ‘Decision on Election of Members of the Peace and Security Council’ (Addis Ababa 2004) EX/CL/Dec.81/ (IV). The current members are Algeria, Burundi, Chad, Equatorial Guinea, Ethiopia, Gambia, Guinea, Libya, Mozambique, Namibia, Niger, Nigeria, South Africa, Tanzania, Uganda; see Institute for Strategic Studies Report on the Council for Peace and Security No. 70, 12 June 2015; African Union (Executive Council) ‘Decision on Election of Ten Members of the Peace and Security Council of the African Union’ (Addis Ababa 2014) DOC. EX.CL/822(XXIV)

[127] Peace and Security Council Protocol ( n 118) art 5(4)

[128] Ibid arts 16-20.

[129] Peace and Security Council Protocol (n 118) art 2(2); According to art 8(5) of the Protocol , the Peace and Security Council is also given the power to establish subsidiary organs to implement its mandate.

[130] African Union (Assembly of Heads of State and Government) ‘Statutes of the Commission of the African Union’ (Durban 2002) ASS/AU/2(I)-d, art 3 (2) (s); See section 4.8 for more details on the AU Commission. See also African Union ( Executive Council)  ‘Report of the 3rd Ordinary Session of the Executive Council on the proposed Structure, Human Resource Requirements and Conditions of Service for the Staff of the Commission of the African Union and their Financial Implications’ ( 8 July 2003) as approved by African Union( Assembly of Heads of  State and Government) ‘Decision on the Implementation of the Durban Decision on the Interim Period’( Maputo 2003) AU/Dec.22(II), Part III, B, Department for Peace and Security .

[131] Peace and Security Council Protocol (n 118) art 10(4).

[132] Executive Council Report on AU Structure (n 130).

[133] Peace and Security Council Protocol (n 118) art 10(3) b; See also Peace and Security Council Rules of Procedure, Rule 26(3) b.

[134] See African Union (Heads of States and Government) ‘Decision on the Transformation of the African Union Commission into the African Union Authority - Doc. Assembly/AU/8(XX)’ (Addis Ababa 2013) Assembly/AU/Dec.454 (XX).

[135] Peace and Security Council Protocol (n 118) art 21(1). All operations directed by the Peace and Security Council are envisaged to be supported by the Peace Fund (see art 21(5) cum art 13(3) of the Peace and Security Council Protocol). The Peace Fund was originally established under the 1993 OAU Conflict Prevention, Management and Resolution Mechanism.

[136] African Union (Advisory Sub-Committee on Administrative, Budgetary and Financial Matters) ‘Report of the Chairperson of the Commission on the Status of the AU Peace Fund as at 31 December 2004’ (Addis Ababa 2005) Adv.S/Cttee.8 (VIII).

[137] Ibid.

[138] Peace and Security Council Protocol (n 118) art 21(2); The low level of contribution to the Peace Fund by Member States is such that the Peace Fund has been referred to as  ‘relatively anaemic’ see Raymond Gilpin and Michelle Swearingen ‘Financing and Refocusing the African Union's Peace Fund’ 24 June 2013 at http://inec.usip.org/blog/2013/jun/24/financing-and-refocusing-african-unions-peace-fund

[139] Ibid art 21(3).

[140] . Peace and Security Council Protocol (n 118) art. 21(4).

[141] Peace and Security Council Protocol (n 118) art 12 and 7(1) (a).

[142] Peace and Security Council Protocol (n 118) art 12(2) a-b.

[143] African Union ‘Workshop on the establishment of the AU Continental Early Warning System (CEWS) (30-31 October 2003) (Report) (Addis Ababa, Ethiopia) 23; for further information, see the African Union (Continental Early Warning System) ‘The CEWS Handbook’ 7 th Draft (21 February 2008) at www.peaceau.org/uploads/cews-handook-en.pdf .

[144] Ibid.

[145] Peace and Security Protocol ( n 118) art 12(2) (b); See also African Union ( Meeting of Governmental Experts on Early warning and Conflict Prevention) ‘ Meeting the Challenge of Conflict Prevention in Africa-Towards the Operationalisation of the Continental Early Warning System’ ( Kempton Park 2006) PSD/EW/EXP/2(I), paragraphs 9-18.

[146] Peace and Security Council Protocol (n 118) art 12(3).

[147] Ibid art 12(4).

[148] Peace and Security Council Protocol (n 118) art. 11(2); see also African Union (Assembly of Heads of State and Government) ‘Decision on the Appointment of the Members of the Panel of the Wise of the African Union’ (Kampala, 2010) Doc. Assembly/AU/14(XV); African Union (Assembly of Heads of State and Government) ‘Decision on the Appointment of the Members of the Panel of the Wise of the African Union’ (Malabo, 2014) Assembly/AU/Dec.543 (XXIII).

[149] See African Union (Peace and Security Council) ‘Modalities for the Functioning of the Panel of the Wise as adopted by the Peace and Security Council at its 100th Meeting held on 12 November 2007’ at http://www.peaceau.org/uploads/modalitieseng.pdf .

[150] OAU Charter (n 1) art. 19.

[151] See African Union (Assembly of Heads of State and Government) ‘Decision on the Appointment of the Members of the Panel of the Wise’ (Kampala, 2010) Doc. Assembly/AU/14(XV, paras. 4&5.

[152] See African Union (Peace and Security Department) ‘The African Union Panel of the Wise: Strengthening Relations with Similar Regional Mechanisms’ The Panel of the Wise Retreat ( Ouagadougou, 2012) 7 at http://dspace.africaportal.org/jspui/bitstream/123456789/33979/1/The%20African%20Union%20Panel%20of%20the%20Wise.pdf?1 .

[153] Ibid, arts 13 and 15(3). For details on the African Standby Force, see Girmachew Alemu Aneme, ‘The African Standby Force: Major issues under Mission Scenario Six’ in Political Perspectives, 2008 Vol.2 (1), University of Manchester at http://papers.ssrn.com .

[154] For details see Cedric de Coning, ‘Enhancing the Efficiency of the African Standby Force: The Case for a Shift to a Just-in-Time Rapid Response Force’ ACCORD’s Conflict Trends 2/2014at http://www.accord.org.za/images/downloads/ct/ct214_Enhancing_the_Efficiency_of_the_African_Standby_Force.pdf .

[155] African Union (African Chiefs of Defense Staff) ‘Policy Framework for the Establishment of the African Standby Force (ASF) and the Military Staff Committee (Part I). (Addis Ababa, 2003) Exp/ASF-MSC/2 (I) at http://www.peaceau.org/uploads/asf-policy-framework-en.pdf .

[156] See 2014 AU Handbook pages 39-44 for details of past and current AU Peace Support Operations, 2014 at http://au.int/en/sites/default/files/MFA%20AU%20Handbook%20-%20Text%20v10b%20interactive.pdf .

[157] See African Union (Assembly of Heads of State and Government) ‘Decision on the Establishment of an African Capacity for Immediate Response to Crises’ (Addis Ababa, 2013) Assembly/AU/Dec.489 (XXI).

[158] Ibid para. 2; see also Report of the Commission of the African Union on the Implementation Status of the Nouakchott Process and the Modalities for its Enhancement, at http://www.peaceau.org/en/article/report-of-the-commission-of-the-african-union-on-the-implementation-status-of-the-nouakchott-process-and-the-modalities-for-its-enhancement#sthash.7uR14UPL.dpuf .

[159] African Union (Assembly of Heads of State and Government) ‘Decision on the Operationalisation of the African Capacity for Immediate Response to Crises - Doc. Assembly/AU/4 (XXII)’ (Addis Ababa 2014) Assembly/AU/Dec.515 (XXII).

[160] The initial participating countries are Algeria, Angola, Chad, Ethiopia, Guinea, Mauritania, Niger, South Africa, Senegal, Sudan, Tanzania and Uganda.

[161] Peace and Security Council Protocol (n 118) art 13(8) and (11). Apart from advising the Peace and Security Council on all military and related security matters, the MSC can also make recommendations to the Chairperson of the Commission on the enhancement of peace support capacities of the AU; See also African Union (Peace and Security Council) ‘Policy Framework for The Establishment of the African Standby Force and The Military Staff Committee’ (Addis Ababa 2003) Exp/ASF-MSC/2(I) Part I (ASF Policy) 34-35 on other functions of the MSC. The MSC has gained very little visibility in terms of continental peace and security affairs and there is confusion about its mandate and responsibilities, see Hallelujah Lulie ‘Towards a functioning Military Staff Committee of the AU’ ISS Today 25 May 2015 at   http://www.issafrica.org/iss-today/towards-a-functioning-military-staff-committee-of-the-au .

[162] Peace and Security Council Protocol (n 118) art 13 (9).

[163] Peace and Security Council Protocol (n 118) art 13(11).

[164] Peace and Security Council Protocol (n 118) art 13 (10); See also ASF Policy (n 161).

[165] ASF Policy (n 161) Chapter 4, paragraph 4.9(c) and paragraph 4.14.

[166] See ASF Policy (n 161).

[167] See Conclusions of the Third Meeting of the Military Staff Committee held on 25 April 2005, at Addis Ababa, Ethiopia, 3rd meeting of the Military Staff Committee of the Peace and Security Council Addis Ababa, Ethiopia, 25 April 2005, paragraph 3.

[168] Peace and Security Council Protocol (n 118) art. 8(5); see also Conclusions of the Retreat of the Peace and Security Council of the African Union (Dakar, Senegal), 5 – 6 July 2007, PSC/PR/2(LXXXV para. 7.

[169] Constitutive Act (n 17) art 17(1), (2).

[170] Protocol to the Treaty Establishing the African Economic Community Relating to the Pan-African Parliament (adopted 2 March 2001, entered into force 14 December 2003) art. 4(1) (2); the Protocol is currently under review, see http://www.pan-africanparliament.org/about-pap .

[171] Ibid article 4 (2), (3).

[172] African Union (Pan-African Parliament) ‘Rules of Procedure’ (Midrand 2004) Rule 7(2).

[173] Ibid art. 7 (4); PAP Protocol (n 170) art 6.

[174] PAP Protocol (n 170) art 12 (2), (5).

[175] Ibid preamble paragraph 4 and art. 2(2).

[176] PAP Protocol (n 170) art 2(3) (i): ‘The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage. However, until such time as the Member States decide otherwise by an amendment to this Protocol: i) The Pan-African Parliament shall have consultative and advisory powers only’;   See also art 11 of the same Protocol which provides that ‘The Pan-African Parliament shall be vested with legislative powers to be defined by the Assembly. However, during the first term of its existence, the Pan-African Parliament shall exercise advisory and consultative powers only.’

[177] PAP Protocol ( n 170) art 3(5) and art 11 (1) ; See also PAP Rules of Procedure ( n 172) Rule 5-‘Powers of Parliament’-(d) make recommendations and take resolutions on any matters relating to the African Union and its organs, Regional Economic Communities and their respective organs and institutions.’

[178] PAP Rules of Procedure (n 172) Rule 5(e).

[179] Ibid Rule 67 (1-4), Rule 74(1-2).

[180] African Union (Assembly of Heads of State and Government) ‘Statutes of the Commission of the African Union’ (Durban 2002) ASS/AU/2(I)-d art 3 (2) (u). An Amendment was made to the Statutes of the Commission in 2007 (Assembly/AU/Dec.146 (VIII)). However, the amendment does not affect the explanations provided here. For details on the amendments, see African Union (Executive Council) ‘Report of the PRC and Legal Experts on Various Legal Matters’ (Sirte 2005) EX.CL/195 (VII).

[181] PAP Protocol (n 170) art 14 (1-3). 

[182] Ibid art 13(4).

[183] PAP Rules of Procedure (n 170) Rule 76.

[184] Ibid Rule 2.

[185] PAP Protocol (n 170) art. 10, art 15(1-2).

[186] Constitutive Act (n 17) art 18(1).

[187] Protocol of the Court of Justice of the African Union (adopted 11 July 2003, entered into force 11 February 2009).

[188] Ibid arts 2(2), 19(1) and 44.

[189] Ibid art 19 (1) a-g; See also Constitutive Act (n 17) art 26; PAP Protocol (n 170) art 20.

[190] Protocol of the Court of Justice (n 187) art 19(2).

[191] Ibid arts 37, 38, 51.

[192] Ibid art 20.

[193] Ibid art 18 (a), (b), (c). 

[194] Ibid art 18 1 (C).

[195] Ibid art 18 1(d).

[196] See Constitutive Act (n 17) art 5.

[197]   African Union (Assembly of Heads of State and Government ‘Resolution on the African Commission on Human Rights’ (Tunis, 1994) AHG/Res230 (XXX). In 1993, a working draft of a protocol to an African court was produced by Karl Vasak, a Czech jurist, at the request of the Geneva based International Commission of Jurist (ICJ), see A. George, ‘The African Court Demystified’ (paper prepared for the African Centre of Democracy and Human Rights Studies, March 1998, p. 1,  cited by Julia Harrington, in Malcolm David Evans & Rachel Murray (eds.) The African Charter on Human and Peoples' Rights: the System in Practice, 1986-2000 (Cambridge University Press, 2002) 306.

[198] See Ibrahim Ali Badawi El-Sheikh ‘Draft Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights: Introductory Note’ 1997 vol. 9 Afr J Intl Comp L. 943, 944.

[199] ‘Draft Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights’ OAU/LEG/EXP/AFC/HPR/PRO (1) Rev. 1, reproduced in 1996 vol. 8  Afr J Intl Comp L   493-500; see also Report of the Government Legal Experts’ Meeting on Human and Peoples' Rights on the Establishment of an African Court of Human and Peoples' Rights, September 6-12, 1995, Cape Town, South Africa, OAU Doc. OAU/LEG/EXP/AFCHPR/RPT (1) Rev.1.

[200] See Comments and Observations Received from Member States on the Draft Protocol on the Establishment of an African Court on Human and Peoples' Rights, OAU Doc. OAU/LEG/EXP/AFCHPR/Comm(3) & addendum 1 (1997); CM/Dec.348 (LXVI) Report of the Secretary-General on the Draft Protocol on the Establishment of an African Court on Human and Peoples' Rights.

[201] See the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights art. 1 (adopted 10 June 1998, entered into force 25 January 2004).

[202] See Preamble to the Protocol; see also Makau Mutua ‘The African Human Rights Court: A Two-Legged Stool?’ 1999 vol. 21(2) Hum.Rts.Q. 342-363 for the history of the establishment of the Court.

[203] See African Court on Human and Peoples’ Rights Protocol art. 2.

[204] Ibid art. 3 (1).

[205] Art. 5 & r. 33 African Court on Human and Peoples’ Rights Interim Rules of Court (adopted and entered into force 2 June 2010).

[206] Ibid art. 34(6) and r. 33 (f) African Court on Human and Peoples’ Rights Interim Rules of Court (adopted and entered into force 2 June 2010).

[207] African Union (Assembly of Heads of State and Government) ‘Decision on the Election of Judges of the African Court on Human and Peoples’ Rights’ (Khartoum, 2006) Assembly/AU/Dec.100 (VI); See also African Union (Assembly of Heads of State and Government) ‘Decision on the Activity Report of the African Court on Human and Peoples’ Rights for 2006’ (Addis Ababa, 2007) Assembly/AU/Dec.144 (VIII).

[208] African Court on Human and Peoples’ Rights Protocol art. 11 (1).

[209] Ibid art. 15 (1).

[210] Ibid art. 21 (1).

[211] Ibid art. 15 (4).

[212] See African Court on Human and Peoples’ Rights ‘African Court in Brief’ at http://www.african-court.org/en/index.php/about-the-court/brief-history

[213] The Protocol establishing the Court requires that the two institutions harmonize their respective Rules in order to achieve complementarity. See Protocol on African Court on Human and Peoples’ Rights arts. 33, 2, 8

[214] African Union (Assembly of Heads of State and Government) ‘Decision on the Seats of the African Union’ (Addis Ababa 2004) AU/Dec.45 (III) art 4; African Union (Assembly of Heads of State and Government) ‘Decision on the Merger of the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union’ (Sirte, 2005) Assembly/AU.DEc.83 (V).

[215]   African Union (Assembly of Heads of State and Government) ‘Decision on the Single Legal Instrument on the Merger of the African Court on Human and Peoples' Rights and the African Court of Justice’ (Sharm El-Sheikh, 2008) Assembly/AU/Dec.196 (XI); Protocol on the Statute of the African Court of Justice and Human Rights (Single Protocol) art. 2 (adopted July 2008).

[216]   Ibid art. 1.                                                                                                                                        

[217]   Ibid art. 3.

[218] African Union (Assembly of Heads of State and Government) ‘Decision on the Seats of the African Union’ (Addis Ababa, 2004) AU/Dec.45 (III) art 4; African Union (Assembly of Heads of State and Government) ‘Decision on the Merger of the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union’ (Sirte 2005) Assembly/AU.DEc.83 (V).

[219] As at this date only five (5) of the mandatory fifteen (15) Member States have deposited the instruments of ratification.

[220] Constitutive Act (n 17) art 20.

[221] AU Commission Statutes (n 180) art 3-2(a).

[222] Ibid art. 3 provides the list of functions.

[223] Ibid art 2(1) and art 6; Constitutive Act (n 17) art 9(1) (i).

[224] Ibid art 4(1).

[225] AU Commission Statutes (n 180) AU art 8. The Chairperson has many more functions not listed on the AU Commission Statutes. See for instance Constitutive Act (n 17) arts 20, 27(3), 29, 31(1), 33(5).

[226] Ibid art 7(2).

[227] See AU Commission Statutes (n 180) art 9 on the other responsibilities of the Deputy Chairperson.

[228] Ibid art 11.

[229] Ibid art 12.

[230] African Union ( Executive Council)  ‘Report of the 3rd Ordinary Session of the Executive Council on the proposed Structure, Human Resource Requirements and Conditions of Service for the Staff of the Commission of the African Union and their Financial Implications’ ( 8 July 2003) as approved by African Union( Assembly of Heads of  State and Government) ‘Decision on the Implementation of the Durban Decision on the Interim Period’( Maputo 2003) AU/Dec.22(II) .

[232] Ibid 55.

[233] Ibid; see also the AU Commission website at http://www.au.int/en/commission , AU handbook (n 231) 50-52.

[234] Ibid 53-54.

[235]    See the AU Commission website at http://www.au.int/en/commission , AU Handbook (n 227) 60-61.

[236]    Ibid, AU Handbook (n 231)61-64.

[237]    African Union (Assembly of Heads of State and Government) ‘Decision on the Implementation of the Global African Diaspora Legacy Projects’ (Addis Ababa, 2013) Doc. Assembly/AU/12(XXI) Add. para. 6.

[239] Constitutive Act (n 17) art 22(1); Statutes of the Economic, Social and Cultural Council of the African Union (adopted July 2004 by the AU General Assembly) AU/Dec.48 (III art 3.

[240] The effort to bring in popular participation in regional organizations was already started in the 1990s when the African Charter on Popular Participation and Development was adopted in Arusha, Tanzania on February 12-16 1990 under the auspices of the Economic Commission for Africa; See also Constitutive Act (n 1) art 4 (c) which states ‘participation of the African peoples in the activities of the Union’ as one of the guiding principles of the Union.

[241] Statutes of the Economic, Social and Cultural Council of the African Union (n 238) arts. 2 & art. 3(2) which enumerates members of the ECOSOCCC.

[242] Ibid art 7.

[243] Ibid arts. 8-12.

[244] Ibid art. 9.

[245]   Ibid art 4 (1).

[246]    Ibid art. 4 (2).

[247]    Ibid arts. 9-12.

[248] Ibid art. 12.

[249] See the Draft Rules of Procedure of the Economic, Social and Cultural Council of the African Union, Revised February, 2005, on election of its members and how the council conducts its business.

[250] African Union, Press Release No. 13 /2005, ‘Wangari Maathai, Sworn in as President of Interim Bureau of ECOSOCC’.

[251]    See Opening Statement by H.E. Mr Erastus Mwencha, the Deputy Chairperson of the African Union Commission on the occasion of the Launch of the 2nd ECOSOCC General Assembly, Nairobi, Kenya, 22 December 2014 at http://pages.au.int/ecosocc/speeches/opening-statement-he-mr-erastus-mwencha-deputy-chairperson-african-union-commission

[252] Constitutive Act (n 1) art 19 and reiterated by the 1999 Sirte Declaration that called for their speedy establishment. The African Development Bank was established under the auspices of the UN Economic Community for Africa in August 1963.

[253] African Union (Assembly of Heads of State and Government) ‘Decision on the Location of the Headquarters of AU institutions in various AU Regions of the Continent’ (Abuja 2005) Assembly/AU/Dec.64 (IV) art 3. The same session noted that the Northern Region has agreed that Libya should host the Investment Bank; See also African Union ( Executive Council)  ‘Decision on the Interim Report on the establishment of Financial Institutions’ ( Khartoum 2006) EX.CL/Dec.242 (VIII) where the Executive Council has requested the two other sub-regions to identify the host state for the sub-regions. The Executive Council also requested the Commission to set up Technical Steering Committees for the establishment of the institutions.

[254] Ibid

[255] African Union (Executive Council) ‘Report of the Chairperson of the Commission for the Period July to December 2006’ (Addis Ababa 2007) EX.CL/319(X) 99.

[256] African Union (Assembly of Heads of State and Government) ‘Decision on the Protocol and the Statute for the Establishment of the African Monetary Fund’ (Malabo, June 2014) Assembly/AU/Dec.517 (XXIII) 1; see Protocol on the Establishment on the African Monetary Fund and the Statute of the African Monetary Fund, adopted 27th June 2014; Statute of the African Monetary Fund art. 5 (1)

[257] Statute of the African Monetary Fund (adopted 27th June 2014) art. 9(1).

[258] Protocol on the Establishment of the African Monetary Fund (adopted 27th June 2014) art. 3(1).

[259] African Monetary Fund Statute (n 252) art. 2; see also See ‘The Creation of the African Monetary Fund’ at http://openanthropology.org/libya/AUamf.pdf .

[260] Ibid art. 3; see also African Union ‘Financial Institutions’ at http://www.au.int/en/organs/fi

[261]   African Monetary Fund Protocol (n 258) art. 4(1).

[262]   See African Union (Assembly of Heads of States) ‘Decision on the Protocol on the Establishment of the African Investment Bank’ (Addis Ababa, February 2009) Assembly/AU/Dec.212 (XII) and African Union (Assembly of Heads of States) ‘Decision on the Draft Statutes on the Establishment of the African Investment Bank’ (Addis Ababa, February 2009) Assembly/AU/Dec.226 (XII).

[263] African Union (Assembly of Heads of States and Government) ‘Decision on the Annexes to the Statutes the African Investment Bank’ (Addis Ababa, February 2010) Assembly/AU/Dec.286 (XIV).

[264] Protocol on the African Investment Bank (adopted 4 th February 2009) art. 10(1).

[265] Statute of the African Investment Bank (adopted 2 nd February 2010) art. 35.

[266] Ibid art. 3(1).

[267] Ibid art. 4; see also African Union ‘Financial Institutions’ at http://www.au.int/en/organs/fi .

[268] Ibid art. 5.

[269] African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986).

[270] Ibid art 30 ‘An African Commission on Human and Peoples’ Rights, hereinafter called ‘the Commission’ , Shall be established within the Organization of African Unity to promote human and peoples’ rights and ensure their protection in Africa.’

[271] African Union (Assembly of Heads of State and Government) ‘Decision on the Interim Period’ (Durban 2002) ASS/AU/Dec. 1(I) paragraph xi.

[272] African Charter on Human and Peoples’ Rights  (n 269)  art 31(1): Members need to be chosen from ‘amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples’ rights; particular consideration being given to persons having legal experience.’

[273] Ibid art 31 (2).

[274] Rules of Procedure of the African Commission on Human and Peoples’ Rights (adopted on 6 October 1995) Rules 22 and 23.

[275] African Charter on Human and Peoples’ Rights   (n 269) art 41; African Commission on Human and Peoples’ Rights Rules of Procedure (n 274) Rules 25 and 26.

[276] African Charter on Human and Peoples’ Rights   (n 269) art 45 (1-3). Article 45(3) of the Charter provides that the African Human Rights Commission can interpret the provisions of the African Charter on Human and Peoples’ Rights at the request of a state party, the AU, or any African Organization recognized by the AU. Article 45 (4) provides that the African Human Rights Commission shall ‘perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government’ in addition to the specified mandates.

[277] Ibid art 45(1) (a-c).

[278] Ibid art 45(2).

[279] Ibid arts 47 and 55 respectively.

[280] Ibid art 46.

[281] See Vincent O. Orlu Nmehielle, The African Human Rights System: Its Laws, Practice, and Institutions, (Martinus Nijhoff Publishers, The Hague 2001) 180 who provided that the appointment of Special Rapporteur on specific human rights issues has also developed as one aspect of the protective mandate of the African Human Rights Commission.

[282] African Charter on Human and Peoples’ Rights   (n 269) art 52; African Commission on Human and Peoples’ Rights Rules of Procedure (n 274) Rule 120.

[283] African Charter on Human and Peoples’ Rights   (n 269) art 58.

[284] Ibid art 59(1).

[285]   African Union (Assembly of Heads of State and Government) ‘Decision on the Committee of Intelligence and Security Services of Africa and the Establishment of the Security and Intelligence Committee in the Office of the African Union Commission Chairperson’ (Abuja 2005) Assembly/AU/Dec.62 (IV).

[286]   African Union Convention on Preventing and Combating Corruption art. 22(5).

[287] Ibid art. 2

[288] Ibid art. 22.

[289]   Ibid.

[291]   Statute of the African Union Commission on International Law; this Statute does not require signature or ratification.

[292]   Ibid art. 4.

[293]   Ibid art. 3.

[294]   Ibid art. 11.

[295]   Ibid art. 12.

[296]   Ibid art. 15.

[298]   See IAPSC: Protecting Africa’s Plant Health 14 April 2011 at http://r4dreview.org/2011/04/iapsc-protecting-africas-plant-health/ .

[299]   Ibid.

[301]   Revised Constitution of the African Civil Aviation Commission (adopted on December 2009 and provisionally entered into force in May 2010).

[302]   Ibid art. 19 (4).

[303]   Ibid art. 3.

[304] Revised Constitution of the African Civil Aviation Commission (n 301) arts. 9 & 10; until 1st January 2007, AFCAC was managed by ICAO through African Member State’s contributions.

[305]   Ibid art 12.

[306]   Ibid art. 14.

[308]   See The Agreement for the Establishment of the African Rehabilitation Institute (adopted in June 1981, amended in October 1989 and entered into force 2 December 1991) art. 1.

[309]   Ibid

[310]    Ibid art. 6.

[311]   AU Handbook 150.

[312]   Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (adopted  January 1991, entered into force April 1998)

[313] Ibid arts. 14, 15 and 16. 

[314]   Report of the First Session of the Conference of the Parties to the Bamako Convention on the Ban of the Import Into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa (Bamako Convention), Bamako, Mali, 24-26 June 2013.

[315]   African Conservation of Nature and Natural Resources (adopted July 2003).

[316]   See An Introduction to the African Convention on Conservation of Nature and Natural Resources (IUCN 2004) 17-19.

[317]   Ibid art. 38.

[318]   Ibid art. 2.

[319]   Convention of the African Energy Commission art. 4.

[321]   African Nuclear Weapons Free Zone Treaty art. 3.

[322]   Ibid art. 4.

[323]   Ibid art. 8.

[324]   African Charter on Statistics art. 2.

[325]   Ibid art. 15.

[326]   See African Union (Assembly of Heads of State and Government) ‘Decision to Host the African Union Institute for Statistics – Doc. Assembly/AU/12(XX) Add.5’ (Addis Ababa January 2013) Assembly/AU/Dec.462(XX) and African Union (Assembly of Heads of State and Government) ‘Decision on the Implementation of the African Charter on Statistics and the Strategy for the Harmonization of Statistics in Africa (SHASA)’ (Addis Ababa July 2012) Assembly/AU/Dec.424(XIX); see also African Union (Assembly of Heads of State and Government) ‘Decision on the Implementation of the African Charter on Statistics and the Strategy for the Harmonization of Statistics in Africa (SHASA) – Doc. EX.CL/806(XXIV)’ (Addis Ababa January 2014) Assembly/AU/Dec.490XXII).

[327]    See Pan African Youth Union website: http://ayu.org.za/aboutayu.html

[328]   Ibid.

[330]    Ibid.

[331]   See the Constitution and the Convention of the African Telecommunications Union (1999, signed by Member States) art. 3.

[332]   Ibid art. 7.

[333]   Ibid art. 8.

[334]   Ibid art. 11.

[335]   See the Constitution and the Convention of the African Telecommunications Union.

[336]   See www.atu-uat.org

[337]   Convention of the Pan African Postal Union (enacted January 1980, entered into force July 1980) art. 1.

[338]   Ibid art. 5.

[339]   Ibid art. 7.

[340]   Ibid art. 9.

[341]   Ibid art 10.

[342]   Ibid art. 11.

[343]   Ibid art. 12.

[344]   Ibid art. ;, see also www.upap-papu.org

[345]   Africa Union (Assembly of Heads of States and Government) 'Decision on the Proposal by the Government of the Republic of Equatorial Guinea to host the African Observatory of Science, Technology and Innovation – Doc. Assembly/AU/8(XII) Add.5’ (Addis Ababa February 2009) Assembly/AU/Dec.235(XII).

[347]   Ibid.

[348]   Ibid.

[349]   African Union (Executive Council) ‘Decision on the establishment of Pan-African University’ - Doc. EX.CL/579(XVII) (Kampala July 2010).

[350]    African Union (Assembly of Heads of State and Government  ‘Decision on the Pan-Africa University Statutes – Doc. Assembly/AU/11(XX)’(Addis Ababa January 2013) (Assembly/AU/Dec.451(XX).

[351]   Statutes of the Pan African University (adopted January 2013) art. 4(1).

[352]    Ibid art. 2.

[353]   Ibid art. 4 (2) & (3).

[354]   Ibid art. 5.

[355]   African Union (Assembly of Heads of State and Government) ‘Decision on the Africa Risk Capacity (ARC): Sovereign Disaster Risk Solutions’ (Doc. EX.CL/724(XXI) (Addis Ababa July 2012) Assembly/AU/Dec.417 (XIX)).

[356]    Agreement for the Establishment of the African Risk Capacity (ARC) Agency (adopted and entered into force 23 November 2012).

[357]   African Risk Capacity Establishment Agreement (November 2012) art. 3

[359]    ARC Agreement (n 357) art. 10.

[360]    Ibid  art. 12 (1) & (2).

[361]    Ibid art. 12 (5).

[362]    Ibid art. 14 (1) (a).

[363]    Ibid art 17 (3); see also www.africanriskcapacity.org .

[365]   African Union (Assembly of Heads of State and Government) ‘Decision on the Creation of the Pan-African Intellectual Property Organization (PAIPO) – Doc. EX.CL.766 (XXII)’ (Addis Ababa 2013) Assembly/AU/Dec.453 (XX).

[366] See African Union (Executive Council) ’Decision on the Report of the Fifth Ordinary Session of the African Union Conference of Ministers in Charge of Science and Technology – Doc. EX.CL/766(XXII) ((Addis Ababa January 2013).

[367]   Preamble, Final Draft Statute of the Pan-African Intellectual Property Organization (PAIPO) at http://hrst.au.int/en/sites/default/files/PAIPO%20Statute%20English.pdf?q=dp/hrst/sites/default/files/PAIPO%20Statute%20English.pdf .  

[368] See A/AU/Dec.453 (XX) (n 365).

[369] African Union (Assembly of Heads of State and Government) ‘Decision on the Moratorium on the Recognition of Regional Economic Communities (RECs)’ (Banjul 2006) Assembly/AU/Dec.112 (VII).

[370] See Valérie Vicky Miranda et al, “Towards a Stronger Africa-EU Cooperation on Peace and Security: The Role of African Regional Organizations and Civil Society” Istituto Affari Internazionali Working Papers 12, 28 October 2012, 4.

[371] Peace and Security Council Protocol (n 118) art 16(1).

[372] African Union (Assembly of Heads of State and Government) ‘Solemn Declaration on a Common African Defense and Security Policy’ (Sirte 2004)   arts 26 and 27.

[373]   Ulf Engel and João Gomes Porto, “The African Union’s New Peace and Security Architecture: Toward an Evolving Security Regime?” in Fredrik Söderbaum and Rodrigo Tavares, Regional Organizations in African Security (Routledge, 2010) 20.

[374] There are no clear criteria used to define what are ‘regional arrangements or agencies’ for the purpose of the UN Charter. See for instance Report of the Secretary-General, ‘An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping’ (1992) UN Doc A/47/277-S/24111 paragraph 61: ‘The Charter deliberately provides no precise definition of regional arrangements and agencies, thus allowing useful flexibility for undertakings by a group of States to deal with a matter appropriate for regional action which also could contribute to the maintenance of international peace and security.’

[375] Passau Michael Schweitzer and Innsbruck Waldemar Hummer, ‘Article 52’ in Bruno Simma and others (eds), The Charter of the United Nations: A Commentary (2nd edn Volume I, Oxford University Press, Oxford 2002) 823 add: ‘Even if the distinction between the concepts of arrangements and agencies can be drawn in theory, it has little practical significance: the requirements for their admissibility and the object of their activities as well as resulting legal consequences are identical.’

[376] See art1 and 2 of the UN Charter for the purposes and principles of the UN. See art 53(1) of the UN Charter for the role of a regional organisation in undertaking enforcement action.

[377] See for instance Constitutive Act (n 17) art 3(f), and (e).

[378] See for instance Peace and Security Council Protocol (n 118) art 17(1).

[379] See for instance Peace and Security Council Protocol (n 118) art 17 (2).

[380] African Union (Assembly of Heads of State and Government) ‘Decision on the Activities of the Peace and Security Council of the African Union and the state of Peace and Security in Africa’ (Addis Ababa 2007) Assembly/AU/Dec.145 (VIII), paragraph 20.

[381] See for instance UNSC Presidential Statement 44(2004) UN Doc S/PRST/2004/44; See also UNGA ‘Report of the Secretary-General’ (2003) A/58/352.

[382] See http://www.au.int/en/treaties on the status of each treaty.