The African Union
Dr Khalil Hussein
Professor at faculty of law at Lebanese university
Director of studies at Lebanese Parliament
Introduction
The advent of the African Union (AU) can be described as an event of great magnitude in the institutional evolution of the continent. On 9.9.1999, the Heads of State and Government of the Organisation of African Unity issued a Declaration (the Sirte Declaration) calling for the establishment of an African Union, with a view, inter alia, to accelerating the process of integration in the continent to enable it play its rightful role in the global economy while addressing multifaceted social, economic and political problems compounded as they are by certain negative aspects of globalisation.
The main objectives of the OAU were, inter alia, to rid the continent of the remaining vestiges of colonization and apartheid; to promote unity and solidarity among African States; to coordinate and intensify cooperation for development; to safeguard the sovereignty and territorial integrity of Member States and to promote international cooperation within the framework of the United Nations.
Indeed, as a continental organization the OAU provided an effective forum that enabled all Member States to adopt coordinated positions on matters of common concern to the continent in international fora and defend the interests of Africa effectively.
Through the OAU Coordinating Committee for the Liberation of Africa, the Continent worked and spoke as one with undivided determination in forging an international consensus in support of the liberation struggle and the fight against apartheid.
Quest for Unity
African countries, in their quest for unity, economic and social development under the banner of the OAU, have taken various initiatives and made substantial progress in many areas which paved the way for the establishment of the AU. Noteworthy among these are:
- Lagos Plan of Action (LPA) and the Final Act of Lagos (1980); incorporating programmes and strategies for self reliant development and cooperation among African countries.
- The African Charter on Human and People’s Rights (Nairobi 1981) and the Grand Bay Declaration and Plan of Action on Human rights: two instruments adopted by the OAU to promote Human and People’s Rights in the Continent. The Human Rights Charter led to the establishment of the African Human Rights Commission located in Banjul, The Gambia.
- Africa’s Priority Programme for Economic recovery (APPER) – 1985: an emergency programme designed to address the development crisis of the 1980s, in the wake of protracted drought and famine that had engulfed the continent and the crippling effect of Africa’s external indebtedness.
- OAU Declaration on the Political and Socio-Economic Situation in Africa and the Fundamental Changes taking place in the World (1990): which underscored Africa’s resolve to seize the imitative, to determine its destiny and to address the challenges to peace, democracy and security.
- The Charter on Popular Participation adopted in 1990: a testimony to the renewed determination of the OAU to endeavour to place the African citizen at the center of development and decision-making.
- The Treaty establishing the African Economic Community (AEC) - 1991: commonly known as the Abuja Treaty, it seeks to create the AEC through six stages culminating in an African Common Market using the Regional Economic Communities (RECs) as building blocks. The Treaty has been in operation since 1994.
- The Mechanism for Conflict Prevention, Management and Resolution (1993): a practical expression of the determination of the African leadership to find solutions to conflicts, promote peace, security and stability in Africa.
- Cairo Agenda for Action (1995): a programme for relaunching Africa’s political, economic and social development.
- African Common Position on Africa’s External Debt Crisis (1997): a strategy for addressing the Continent’s External Debt Crisis.
-The Algiers decision on Unconstitutional Changes of Government (1999) and the Lome Declaration on the framework for an OAU Response to Unconstitutional Changes (2000).
- The 2000 Solemn Declaration on the Conference on Security, Stability, Development and Cooperation: establishes the fundamental principles for the promotion of Democracy and Good Governance in the Continent.
- Responses to other challenges: Africa has initiated collective action through the OAU in the protection of environment, in fighting international terrorism, in combating the scourge of the HIV/AIDS pandemic, malaria and tuberculosis or dealing with humanitarian issues such as refugees and displaced persons, landmines, small and light weapons among others.
The Constitutive Act of the African Union: adopted in 2000 at the Lome Summit (Togo), entered into force in 2001.
- The New Partnership for Africa’s Development (NEPAD) : adopted as a Programme of the AU at the Lusaka Summit (2001).
Advent of the AU
The OAU initiatives paved the way for the birth of AU. In July 1999, the Assembly decided to convene an extraordinary session to expedite the process of economic and political integration in the continent. Since then, four Summits have been held leading to the official launching of the African Union:
- The Sirte Extraordinary Session (1999) decided to establish an African Union.
- The Lome Summit (2000) adopted the Constitutive Act of the Union.
- The Lusaka Summit (2001) drew the road map for the implementation of the AU.
- The Durban Summit (2002) launched the AU and convened the 1st Assembly of the Heads of States of the African Union.
The Vision of the AU
- The AU is Africa’s premier institution and principal organization for the promotion of accelerated socio-economic integration of the continent, which will lead to greater unity and solidarity between African countries and peoples.
-The AU is based on the common vision of a united and strong Africa and on the need to build a partnership between governments and all segments of civil society, in particular women, youth and the private sector, in order to strengthen solidarity and cohesion amongst the peoples of Africa.
- As a continental organization it focuses on the promotion of peace, security and stability on the continent as a prerequisite for the implementation of the development and integration agenda of the Union.
The Objectives of the AU
- To achieve greater unity and solidarity between the African countries and the peoples of Africa;
- To defend the sovereignty, territorial integrity and independence of its Member States;
- To accelerate the political and socio-economic integration of the continent;
-To promote and defend African common positions on issues of interest to the continent and its peoples;
- To encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights;
- To promote peace, security, and stability on the continent;
- To promote democratic principles and institutions, popular participation and good governance;
- To promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments;
-To establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations;
- To promote sustainable development at the economic, social and cultural levels as well as the integration of African economies;
- To promote co-operation in all fields of human activity to raise the living standards of African peoples;
- To coordinate and harmonize the policies between the existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union;
To advance the development of the continent by promoting research in all fields, in particular in science and technology;
- To work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.
The Organs of the AU
The Assembly
Composed of Heads of State and Government or their duly accredited representatives. The Assembly of Heads of State and Government is the supreme organ of the Union.
The Executive Council
Composed of Ministers or Authorities designated by the Governments of Members States. The Executive Council is responsible to the Assembly.
The Commission
Composed of the Chairperson, the Deputy Chairperson, eight Commissioners and Staff members; Each Commissioner shall be responsible for a portfolio.
The Permanent Representatives' Committee
Composed of Permanent Representatives of Member States accredited to the Union. The Permanent Representatives Committee is charged with the responsibility of preparing the work of the Executive Council.
Peace and Security Council (PSC)
By decision AHG/Dec 160 (xxxvii) of the Summit of Lusaka, July 2001, a decision was made for the creation within the African Union of the Peace and Security Council. The Protocol establishing the PSC is in the process of ratification.
Pan-African Parliament
A Pan-African Parliament, and organ to ensure the full participation of African peoples in governance, development and economic integration of the Continent. The protocol relating to the composition, powers, functions and organization of the Pan-African Parliament has been signed by Member States and is in the process of ratification.
ECOSOCC
The Economic, Social and Cultural Council, an advisory organ composed of different social and professional groups of the Member States of the Union. The statutes determining the functions, powers, composition and organization of the Economic, Social and Cultural Council have been prepared and will be submitted to Maputo Summit.
The Court of Justice
A Court of Justice of the Union shall be established. The statutes defining the composition and functions of the Court of Justice have been prepared and will be submitted to the Assembly in Maputo.
The Specialized Technical Committees
The following Specialized Technical Committees are meant to address sectoral issues and are at Ministerial Level:
- The Committee on Rural Economy and Agricultural Matters;
- The Committee on Monetary and Financial Affairs;
- The Committee on Trade, Customs and Immigration Matters;
- The Committee on Industry, Science and Technology, Energy, - Natural Resources and Environment;
- The Committee on Transport, Communications and Tourism;
- The Committee on Health, Labour and Social Affairs; and
- The Committee on Education, Culture and Human Resources.
The Financial Institutions
- The African Central bank
- The African Monetary Fund
- The African Investment Bank
Progress in the implementation of the Constitutive Act
Since the Lusaka Summit decisions on the transition from OAU to AU, progress has been made as follows:
- The preparation and adoption of the Legal Instruments for the operationalization and the launching of the 4 principal organs: The Assembly, The Executive Council, The Commission and the Permanent Representatives Committee.
- The elaboration of the Structure of the Commission and the conditions of service of staff.
- Completion of the Studies and Legal instrument for the operationalization of ECOSOCC
- Completion of the Studies on the Financing of the AU
Preparation of the Statutes of the Court of Justice
- Transfer of assets and liabilities from the OAU to the AU
- Preparation of a Protocol on Relations between the AU and RECS
- Finalization of the Protocol on the Pan-African Parliament (under ratification)
- Finalization of the Protocol on the Peace and Security Council (under ratification)
- Preparation of the Policy Framework for the establishment of the African Standby Force and the Military Staff Committee
- Finalization of the process of electing Members of the Commission by the Assembly of the Union in Maputo.
The AU Commission
The Commission is the key organ playing a central role in the day-to-day management of the African Union. Among others, it represents the Union and defends its interests; elaborates draft common positions of the Union; prepares strategic plans and studies for the consideration of the Executive Council; elaborates, promotes, coordinates and harmonizes the programmes and policies of the Union with those of the RECs; ensures the mainstreaming of gender in all programmes and activities of the Union.
Members of the Commission
- Chairperson;
- Deputy Chairperson;
- Eight (8) Commissioners.
- Staff members
Portfolios of the Commission
1. PEACE AND SECURITY (Conflict Prevention, Management and Resolution, and Combating Terrorism...)
2. POLITICAL AFFAIRS (Human Rights, Democracy, Good Governance, Electoral Institutions, Civil Society Organizations, Humanitarian Affairs, Refugees, Returnees and Internally Displaced Persons)
3. INFRASTRUCTURE AND ENERGY (Energy, Transport, Communications, Infrastructure and Tourism…)
4. SOCIAL AFFAIRS (Health, Children, Drug Control, Population, Migration, Labour and Employment, Sports and Culture…)
5. HUMAN RESOURCES, SCIENCE AND TECHNOLOGY (Education, Information Technology Communication, Youth, Human Resources, Science and Technology…)
6. TRADE AND INDUSTRY (Trade, Industry, Customs and Immigration Matters…)
7. RURAL ECONOMY AND AGRICULTURE (Rural Economy, Agriculture and Food Security, Livestock, Environment, Water and Natural Resources and Desertification…)
8. ECONOMIC AFFAIRS (Economic Integration, Monetary Affairs, Private Sector Development, Investment and Resource Mobilization…).
Interim Arrangement
In accordance with Article 33 (4) of the Constitutive Act, the Secretary General, the Assistant Secretaries General (ASGs) and the Staff of the former General Secretariat of the OAU have been designated as the Interim staff of the Commission.
After the Durban (South Africa) Summit, an interim period began with effect from July 9, 2002 to last for a duration of one year, after which the 2nd Ordinary session of the Assembly in Maputo (Mozambique) shall elect the Chairperson, the Deputy Chairperson and appoint the Commissioners through the Executive Council.
Dr Khalil Hussein
Professor at faculty of law at Lebanese university
Director of studies at Lebanese Parliament
Introduction
The advent of the African Union (AU) can be described as an event of great magnitude in the institutional evolution of the continent. On 9.9.1999, the Heads of State and Government of the Organisation of African Unity issued a Declaration (the Sirte Declaration) calling for the establishment of an African Union, with a view, inter alia, to accelerating the process of integration in the continent to enable it play its rightful role in the global economy while addressing multifaceted social, economic and political problems compounded as they are by certain negative aspects of globalisation.
The main objectives of the OAU were, inter alia, to rid the continent of the remaining vestiges of colonization and apartheid; to promote unity and solidarity among African States; to coordinate and intensify cooperation for development; to safeguard the sovereignty and territorial integrity of Member States and to promote international cooperation within the framework of the United Nations.
Indeed, as a continental organization the OAU provided an effective forum that enabled all Member States to adopt coordinated positions on matters of common concern to the continent in international fora and defend the interests of Africa effectively.
Through the OAU Coordinating Committee for the Liberation of Africa, the Continent worked and spoke as one with undivided determination in forging an international consensus in support of the liberation struggle and the fight against apartheid.
Quest for Unity
African countries, in their quest for unity, economic and social development under the banner of the OAU, have taken various initiatives and made substantial progress in many areas which paved the way for the establishment of the AU. Noteworthy among these are:
- Lagos Plan of Action (LPA) and the Final Act of Lagos (1980); incorporating programmes and strategies for self reliant development and cooperation among African countries.
- The African Charter on Human and People’s Rights (Nairobi 1981) and the Grand Bay Declaration and Plan of Action on Human rights: two instruments adopted by the OAU to promote Human and People’s Rights in the Continent. The Human Rights Charter led to the establishment of the African Human Rights Commission located in Banjul, The Gambia.
- Africa’s Priority Programme for Economic recovery (APPER) – 1985: an emergency programme designed to address the development crisis of the 1980s, in the wake of protracted drought and famine that had engulfed the continent and the crippling effect of Africa’s external indebtedness.
- OAU Declaration on the Political and Socio-Economic Situation in Africa and the Fundamental Changes taking place in the World (1990): which underscored Africa’s resolve to seize the imitative, to determine its destiny and to address the challenges to peace, democracy and security.
- The Charter on Popular Participation adopted in 1990: a testimony to the renewed determination of the OAU to endeavour to place the African citizen at the center of development and decision-making.
- The Treaty establishing the African Economic Community (AEC) - 1991: commonly known as the Abuja Treaty, it seeks to create the AEC through six stages culminating in an African Common Market using the Regional Economic Communities (RECs) as building blocks. The Treaty has been in operation since 1994.
- The Mechanism for Conflict Prevention, Management and Resolution (1993): a practical expression of the determination of the African leadership to find solutions to conflicts, promote peace, security and stability in Africa.
- Cairo Agenda for Action (1995): a programme for relaunching Africa’s political, economic and social development.
- African Common Position on Africa’s External Debt Crisis (1997): a strategy for addressing the Continent’s External Debt Crisis.
-The Algiers decision on Unconstitutional Changes of Government (1999) and the Lome Declaration on the framework for an OAU Response to Unconstitutional Changes (2000).
- The 2000 Solemn Declaration on the Conference on Security, Stability, Development and Cooperation: establishes the fundamental principles for the promotion of Democracy and Good Governance in the Continent.
- Responses to other challenges: Africa has initiated collective action through the OAU in the protection of environment, in fighting international terrorism, in combating the scourge of the HIV/AIDS pandemic, malaria and tuberculosis or dealing with humanitarian issues such as refugees and displaced persons, landmines, small and light weapons among others.
The Constitutive Act of the African Union: adopted in 2000 at the Lome Summit (Togo), entered into force in 2001.
- The New Partnership for Africa’s Development (NEPAD) : adopted as a Programme of the AU at the Lusaka Summit (2001).
Advent of the AU
The OAU initiatives paved the way for the birth of AU. In July 1999, the Assembly decided to convene an extraordinary session to expedite the process of economic and political integration in the continent. Since then, four Summits have been held leading to the official launching of the African Union:
- The Sirte Extraordinary Session (1999) decided to establish an African Union.
- The Lome Summit (2000) adopted the Constitutive Act of the Union.
- The Lusaka Summit (2001) drew the road map for the implementation of the AU.
- The Durban Summit (2002) launched the AU and convened the 1st Assembly of the Heads of States of the African Union.
The Vision of the AU
- The AU is Africa’s premier institution and principal organization for the promotion of accelerated socio-economic integration of the continent, which will lead to greater unity and solidarity between African countries and peoples.
-The AU is based on the common vision of a united and strong Africa and on the need to build a partnership between governments and all segments of civil society, in particular women, youth and the private sector, in order to strengthen solidarity and cohesion amongst the peoples of Africa.
- As a continental organization it focuses on the promotion of peace, security and stability on the continent as a prerequisite for the implementation of the development and integration agenda of the Union.
The Objectives of the AU
- To achieve greater unity and solidarity between the African countries and the peoples of Africa;
- To defend the sovereignty, territorial integrity and independence of its Member States;
- To accelerate the political and socio-economic integration of the continent;
-To promote and defend African common positions on issues of interest to the continent and its peoples;
- To encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights;
- To promote peace, security, and stability on the continent;
- To promote democratic principles and institutions, popular participation and good governance;
- To promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments;
-To establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations;
- To promote sustainable development at the economic, social and cultural levels as well as the integration of African economies;
- To promote co-operation in all fields of human activity to raise the living standards of African peoples;
- To coordinate and harmonize the policies between the existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union;
To advance the development of the continent by promoting research in all fields, in particular in science and technology;
- To work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.
The Organs of the AU
The Assembly
Composed of Heads of State and Government or their duly accredited representatives. The Assembly of Heads of State and Government is the supreme organ of the Union.
The Executive Council
Composed of Ministers or Authorities designated by the Governments of Members States. The Executive Council is responsible to the Assembly.
The Commission
Composed of the Chairperson, the Deputy Chairperson, eight Commissioners and Staff members; Each Commissioner shall be responsible for a portfolio.
The Permanent Representatives' Committee
Composed of Permanent Representatives of Member States accredited to the Union. The Permanent Representatives Committee is charged with the responsibility of preparing the work of the Executive Council.
Peace and Security Council (PSC)
By decision AHG/Dec 160 (xxxvii) of the Summit of Lusaka, July 2001, a decision was made for the creation within the African Union of the Peace and Security Council. The Protocol establishing the PSC is in the process of ratification.
Pan-African Parliament
A Pan-African Parliament, and organ to ensure the full participation of African peoples in governance, development and economic integration of the Continent. The protocol relating to the composition, powers, functions and organization of the Pan-African Parliament has been signed by Member States and is in the process of ratification.
ECOSOCC
The Economic, Social and Cultural Council, an advisory organ composed of different social and professional groups of the Member States of the Union. The statutes determining the functions, powers, composition and organization of the Economic, Social and Cultural Council have been prepared and will be submitted to Maputo Summit.
The Court of Justice
A Court of Justice of the Union shall be established. The statutes defining the composition and functions of the Court of Justice have been prepared and will be submitted to the Assembly in Maputo.
The Specialized Technical Committees
The following Specialized Technical Committees are meant to address sectoral issues and are at Ministerial Level:
- The Committee on Rural Economy and Agricultural Matters;
- The Committee on Monetary and Financial Affairs;
- The Committee on Trade, Customs and Immigration Matters;
- The Committee on Industry, Science and Technology, Energy, - Natural Resources and Environment;
- The Committee on Transport, Communications and Tourism;
- The Committee on Health, Labour and Social Affairs; and
- The Committee on Education, Culture and Human Resources.
The Financial Institutions
- The African Central bank
- The African Monetary Fund
- The African Investment Bank
Progress in the implementation of the Constitutive Act
Since the Lusaka Summit decisions on the transition from OAU to AU, progress has been made as follows:
- The preparation and adoption of the Legal Instruments for the operationalization and the launching of the 4 principal organs: The Assembly, The Executive Council, The Commission and the Permanent Representatives Committee.
- The elaboration of the Structure of the Commission and the conditions of service of staff.
- Completion of the Studies and Legal instrument for the operationalization of ECOSOCC
- Completion of the Studies on the Financing of the AU
Preparation of the Statutes of the Court of Justice
- Transfer of assets and liabilities from the OAU to the AU
- Preparation of a Protocol on Relations between the AU and RECS
- Finalization of the Protocol on the Pan-African Parliament (under ratification)
- Finalization of the Protocol on the Peace and Security Council (under ratification)
- Preparation of the Policy Framework for the establishment of the African Standby Force and the Military Staff Committee
- Finalization of the process of electing Members of the Commission by the Assembly of the Union in Maputo.
The AU Commission
The Commission is the key organ playing a central role in the day-to-day management of the African Union. Among others, it represents the Union and defends its interests; elaborates draft common positions of the Union; prepares strategic plans and studies for the consideration of the Executive Council; elaborates, promotes, coordinates and harmonizes the programmes and policies of the Union with those of the RECs; ensures the mainstreaming of gender in all programmes and activities of the Union.
Members of the Commission
- Chairperson;
- Deputy Chairperson;
- Eight (8) Commissioners.
- Staff members
Portfolios of the Commission
1. PEACE AND SECURITY (Conflict Prevention, Management and Resolution, and Combating Terrorism...)
2. POLITICAL AFFAIRS (Human Rights, Democracy, Good Governance, Electoral Institutions, Civil Society Organizations, Humanitarian Affairs, Refugees, Returnees and Internally Displaced Persons)
3. INFRASTRUCTURE AND ENERGY (Energy, Transport, Communications, Infrastructure and Tourism…)
4. SOCIAL AFFAIRS (Health, Children, Drug Control, Population, Migration, Labour and Employment, Sports and Culture…)
5. HUMAN RESOURCES, SCIENCE AND TECHNOLOGY (Education, Information Technology Communication, Youth, Human Resources, Science and Technology…)
6. TRADE AND INDUSTRY (Trade, Industry, Customs and Immigration Matters…)
7. RURAL ECONOMY AND AGRICULTURE (Rural Economy, Agriculture and Food Security, Livestock, Environment, Water and Natural Resources and Desertification…)
8. ECONOMIC AFFAIRS (Economic Integration, Monetary Affairs, Private Sector Development, Investment and Resource Mobilization…).
Interim Arrangement
In accordance with Article 33 (4) of the Constitutive Act, the Secretary General, the Assistant Secretaries General (ASGs) and the Staff of the former General Secretariat of the OAU have been designated as the Interim staff of the Commission.
After the Durban (South Africa) Summit, an interim period began with effect from July 9, 2002 to last for a duration of one year, after which the 2nd Ordinary session of the Assembly in Maputo (Mozambique) shall elect the Chairperson, the Deputy Chairperson and appoint the Commissioners through the Executive Council.
