|DRAFT UNION CONSTITUTION
Proposed by the African Civil Society
Federation of OAU Associates
24th - 26th January 2000
Motivations and Method
The Sirte Declaration, which has decided to create a Political Union of African States on the basis of the OAU Charter and the Abuja Treaty establishing the African Economic Community, has reverberated like a clap of thunder, into the depths of villages and the African urban quarters. It roused the hopes buried in the battered hearts of Africans, the hope to see revived a United Africa, peaceful and prosperous.
The African civil society could not wait for the cooling of these hopes, nor any green light from whomever, to bring its contribution to the elaboration of the constitution of the United States of Africa whose foundations had thus been laid down by our Heads of State and Governments. As much as the Civil Society had already not only shown a thorough reflection about the political unity of Africa, but especially also engaged wide ranging actions for its advent.
This is why on the initiative of the Panafrican Federation of OAU Associations and Clubs, a Pre-Draft Constitution of the United States of Africa was proposed as early as October 1999 by the African Civil Society. This Pre-Draft Constitution was then debated publicly and improved upon during a Forum organized in this regard, by the very Federation, in Yaounde, Cameroon, from 24 to 26 January 2000.
The Draft Constitution of the United States of Africa which resulted from that Forum is here submitted for public debate. This Draft Constitution is essentially an appropriation (reflected in the style) by the African People of the contents of the three following texts:
The OAU Charter of 1963 constituted of 20 Chapters and 33 articles. The referential numbers of this text begin with [A].
The Abuja Treaty of 1991 establishing the African Economic Community, which was already an integral part of the OAU Charter. This document contains 22 Chapters and 106 articles. Its referential numbers begin with [B].
The Cairo Declaration of 1993 creating the OAU Mechanism for conflict prevention, management and resolution. This document has been retained here from its operational paragraphs, this means from 13 to 25. Its referential numbers begin with [C].
The writers of this Draft Constitution have added to the whole of these three texts only two Chapters focusing on the participation of the African Civil Society and political parties. These two constitutive elements of African life did not feature, in an appropriate manner, in the three fundamental texts. Obviously, additions to the introduction, some adaptations, substitutions and transitions, often substantial in depth, were necessary. In any case, none of the substantial elements of the three texts has been suppressed. The referential numbers of the new provisions begin with [N]. The new provisions constitute about 10% of the whole of the present Draft Constitution.
Practically, the writers began with the Charter of 1963. Here, some elements of introduction and substitution of terms have been brought in. So, where they talk of 'Organization of African Unity', one talks of "United States of Africa" (USAF) or 'Pan-African Union (PAU)'; to 'OAU', one substitutes the 'PAU'; to 'Organization', one substitutes 'Union', etc.
It is worthy to note that the Mechanism for conflict prevention, management and resolution replaced the Commission of mediation, conciliation and arbitration, to avoid the double use; so much as the Mechanism constitutes an innovation in relation to the Commission.
The writers kept in mind that OAU will not die, because it shall continue to live, under another name and another form. None of its positive attainments shall be lost. All its texts which are not contrary to the letter and the spirit of the United States of Africa will continue to be quoted just as they are and put into operation. The OAU will never be a defunct organization, but rather a reformed and transformed entity.
The present Draft Constitution comprises two parts. The first, centered on political integration of Africa, has the OAU Charter of 1963 as the basis. The second, centered on economic, social and cultural integration of the continent has the Abuja Treaty as the basis. All these constitutes a document of 140 articles rallied in 33 Chapters. The African Charter on Human and People's Rights, as well as the African Cultural Charter shall be appended to the final text as an integral part of the Constitution of the United States of Africa.
The present Draft Constitution, emanating from the African Civil Society, will be formally deposited at the OAU Headquarters in early February 2000. It will also be transmitted to African governments and to as many African civil society organizations as possible.
Moreover, the African Civil Society will relaunch the initiative of a pre-referendum about the United States of Africa on the basis of this Draft Constitution. The aim of this informal consultation will be to measure the adhesion of the African people to the ideal proposed on the one hand, and on the other, to involve them effectively in the salutary move thus engaged.
Draft Constitution of the United States of Africa
Proposed by the African Civil Society
Yaounde, Cameroon: January 24-26, 2000
[N] We, the African People
Prompted and gathered in a great people, from the different peoples of the African continent and its islands, proclaim that we are henceforth united by the dynamism of African Unity;
Acknowledge that we are one people
Constituted by centuries of a historic march marked by multiform sufferings;
Celebrate proudly our unity in our enriching diversity, and
Proclaim our unshakeable will to transform the Organization of African Unity (OAU) into a political union in a confederal form, called to move towards an authentic continental federation;
Towards this achievement:
Recognizing that the OAU Charter, the Abuja Treaty establishing the African Economic Community, and the Cairo Declaration creating within the OAU a Mechanism for conflict prevention, management and resolution, constitute the minimal foundation of the political union to build,
Convinced of the efficiency of the wisdom which consists in building the Pan-African Union on these precious historical attainments;
Convinced that it is the inalienable right of all people to control their own destiny,
Conscious of the fact that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples,
Conscious of our responsibility to harness the natural and human resources of our continent for the total advancement of our peoples in all spheres of human endeavour,
Inspired by a common determination to promote understanding among our peoples and cooperation among our states in response to the aspirations of our peoples for brotherhood and solidarity, in a larger unity transcending ethnic and national differences,
Convinced that, in order to translate this determination into a dynamic force in the cause of human progress, conditions for peace and security must be established and maintained,
Determined to safeguard and consolidate the hard-won independence as well as the sovereignty and territorial integrity of our states, and to fight against neo-colonialism in all its forms,
Dedicated to the general progress of Africa,
Persuaded that the Charter of the United Nations and the Universal Declaration of Human Rights, to the Principles of which we reaffirm our adherence, provide a solid foundation for peaceful and positive cooperation among States,
Desirous that all African States should henceforth unite so that the welfare and well-being of their peoples can be assured,
Resolved to reinforce the African Economic Community and to accelerate its realization, and, to this end,
Mindful of the principles of international law governing relations between states;
Recognizing the various factors which hinder the development of the Continent and seriously jeopardize the future of its peoples;
Having regard to the various resolutions and declarations adopted by the Conference of our Heads of State and Governments in Algiers in September 1968, in Addis Ababa in August 1970 and May 1973 providing that the economic integration of the Continent is a pre-requisite for the realization of the objective of the OAU;
Having regard to their decision taken in Libreville in July 1977 endorsing the Kinshasa Declaration adopted by the Council of Ministers in December 1976 concerning the establishment of an African Economic Community, an objective to be attained in successive stages;
Considering the "Monrovia Declaration of Commitment on the Guidelines and Measures for National and Collective Self-reliance in Economic and Social Development for the Establishment of a New International Order" and which, inter alia, calls for the creation of an African Common Market as a prelude to an African Economic Community;
Considering further the Lagos Plan of Action and the Final Act of Lagos of April 1980 reaffirming our commitment to establish, by the year 2000, an African Economic Community in order to foster the economic, social and cultural integration of our Continent;
Finally considering their Declaration made on the occasion of the Twenty-fifth Anniversary of the OAU and, in particular, the reaffirmation of their commitment and their determination to take the necessary steps to accelerate the establishment of the proposed African Economic Community;
Considering their Sirte Declaration of 9.9.1999 creating the African Union;
Noting that the efforts already made in sub-regional and regional sectoral economic cooperation are encouraging and justify a larger and fuller economic integration;
Noting the need to share, in an equitable and just manner, the advantages of cooperation among Member States in order to promote a balanced economic development in all parts of the Continent;
[N] Decide, by Panafrican referendum, to create the United States of Africa, in abridged form 'USAF', also called the Panafrican Union, in abridged form 'PAU', and agree, in consequence, on the following:
On Political Integration
Chapter 1 [A1]:
Creation and denominations
Article 1 [N]:
1. We create, by the present Constitution, the United States of Africa, in abridged form 'USAF', also called Panafrican Union in abridged form PAU'.
2. [A.1.1.2.] This Union comprises the continental African states, Madagascar and other Islands surrounding Africa.
3. The PAU results from the transformation of the OAU into a political confederation, called to evolve into an authentic continental Federation.
Chapter 2 [A2] : Purposes
Article 2 [A2.2]:
1. [A2.2.1]The Union shall have the following purposes :
a) to promote the unity and solidarity of African States;
b) to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa;
c) To defend their sovereignty, their continental territorial integrity and independence ;
d) To eradicate all forms of neo-colonialism from Africa ; and
e) To promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights, as well as the African Charter on Human and People's Rights.
2. [A2.2.2]To these ends, the Member States shall coordinate and harmonize their general policies, especially in the following fields :
a.[A2.2.a] Political and diplomatic cooperation ;
b.[A2.2.f] Cooperation for defense and security.
Chapter 3 [A 3]: PRINCIPLES
Article 3 [A3.3]:
The Member States, in pursuit of the purposes stated in Article II [A2.2], solemnly affirm and declare their adherence to the following principles :
1.The sovereign equality of all Member States.
2.Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration.
3. [N] Unreserved condemnation of all forms of authoritarianism, political assassination as well as of subversive activities on the part of neighbouring States or any other State.
4. [B2.3. b] Solidarity and collective self-reliance ;
5. [B2.3. c] Inter-State cooperation, harmonization of policies and integration of programmes ;
6. [B2.3. d] Promotion of harmonious development of economic activities among Member states ;
7. [B2.3. e] Observance of the legal system of the Union ;
8. [B2.3. g] Recognition, promotion and protection of human and people's rights in
accordance with the provisions of the African charter on Human and People's
9. [B2.3. h] Accountability, economic justice and popular participation in development.
Chapter 4 [A4]:MEMBERSHIP
Article 4 [A4.4]:
Each independent sovereign African State shall be entitled to become a Member of the Union.
Chapter 5 [A5]: RIGHTS AND DUTIES OF MEMBER STATES
Article 5 [A5.5]:
All Member States shall enjoy equal rights and have equal duties.
Article 6 [A5.6]:
The Member States pledge themselves to observe scrupulously the principles enumerated in Article 3[A3.3] of the present Constitution.
Chapter 6 [A6]: POLITICAL INSTITUTIONS
Article 7 [A6.7]:
The Union shall accomplish its purposes through the following principal institutions :
1.The Assembly of Heads of State and Government.
2.The Council of Ministers.
3.The Executive Secretariat
4. [c] The Mechanism for Conflict Prevention, Management and Resolution.
5. [B.3.7C] The Pan-African Parliament
6. [B.3.e] The Pan-African Court of Justice
Chapter 7. : THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
Article 8 [A 7.8]:
Composition and Powers.
1. The Assembly of Heads of State and Government shall be the supreme organ of the Organization. It shall, subject to the provisions of the present Constitution, discuss matters of common concern to Africa with a view to coordinating and harmonizing the general policy of the Union. It may, in addition and in collaboration with the Panafrican Parliament and the African civil society, review the structure, functions and acts of all the organs and any specialized agencies which may be created in accordance with the present Constitution.
2.The Assembly shall be composed of the Heads of State and Government or their duly accredited representatives
3. [B.3.8.2]The Assembly shall be responsible for implementing the objectives of the Union, in cooperation with the Panafrican Parliament, the Panafrican Court of Justice, and the African Civil Society Organization, in accordance with the Law.
4. [B.3.8.3]To this end, it shall :
(a) determine the general policy and major guidelines of the Union, and give directives, coordinate and harmonize the economic, scientific, technical, cultural and social policies of Member States ;
(b) take any action, under this Constitution, to attain the objectives of the Union ;
(c) prepare and adopt its rules of procedure ;
(d) approve the organizational structure of the Union's Executive Secretariat ;
(e) elect the Executive Secretary, his Deputies and on the recommendation of the Council, appoint the Financial Controller, the Accountant and the External Auditors ;
(f) adopt the staff and Rules and Regulations of the personnel ;
(g) on the recommendation of the Council, take decisions and give directives concerning the regional economic communities in order to ensure the realization of the socio-economic objectives of the Union ;
(h) on the recommendation of the Council and the Panafrican Parliament, approve the Union's programme of activity and budget and determine the annual contribution of each Member State ;
(i) delegate to the Council the authority to take decisions in pursuance of Article 10[B.10] of this Constitution ;
(j) refer any matter to the Panafrican Court of Justice when it confirms, by an absolute majority vote, that a Member State or organ of the Union has not honoured any of its obligations or has acted beyond the limits of its authority or has abused the powers conferred on it by the provisions of this Constitution, by a decision of the Assembly or a regulation of the Council ;
(k) request the Panafrican Court of Justice, as and when necessary, to give advisory opinion on any legal question ; and
(l) in carrying out its function hereunder, exercise any other powers granted to it under this Constitution.
5.[B.3.8.4] The Assembly shall be assisted by the Council in the performance of its duties.
Article 9 [B.3.9]: Meetings
1.The Assembly shall meet once a year in regular session. An extra-ordinary session may be convened by the Chairman of the Assembly or at the request of a Member State provided that such a request is supported by two-thirds of the members of the Assembly.
2.The office of the chairman shall be held every year by one of the Heads of State and Government elected by the Assembly after consultation among Member States.
Article 10 [B.3.10]: Decisions
1.The Assembly shall act by decisions.
2.Without prejudice to the provisions of paragraph (5) of Article 23 [B3.18] of this Constitution, decisions shall be binding on Member States and organs of the Union, as well as regional economic communities.
3.Decisions shall be automatically enforceable thirty (30) days after the date of their signature by the Chairman of the Assembly, and shall be published in the official journal of the Union.
4.Unless otherwise provided in this Constitution, decisions of the Assembly shall be adopted by consensus failing that, by a two-thirds majority of Member States.
Article 11 [A7.10]:
1.Each Member State shall have one vote.
2.All resolutions shall be determined by a two-thirds majority of the Members of the Union.
Questions of procedure shall require a simple majority. Whether or not a question is one of procedure shall be determined by a simple majority of all Member States of the Union.
3.Two-thirds of the total membership of the Union shall form a quorum at any meeting of the Assembly.
Article 12 [A7.11]:
The Assembly shall have the power to determine its own rules of procedure.
Chapter 8 [A. 8]:
THE COUNCIL OF MINISTERS
Composition, Functions and Powers
Article 13 [A 8.12]:
1.The Council of Ministers shall consist of Foreign Ministers or such other Ministers as are designated by the Governments of Member States.
2.The Council of Ministers shall be responsible to the Assembly of Heads of State and Government.
Article 14 [B 3.11-13]:
1.The Council shall be the Council of Ministers of the PAU.
2.The Council shall be responsible for the functioning and development of the Union.
3.To this end, it shall :
(a) make recommendations to the Assembly on any action aimed at attaining the objectives of the Union ;
(b) guide the activities of the subordinate organs of the Union ;
(c) submit to the Assembly proposals concerning programmes of activity and budget of the Union as well as the annual contribution of each Member State ;
(d) propose to the Assembly the appointment of the Financial Controller, the Accountant and the External Auditors ; These appointments must be confirmed by the Panafrican Parliament,
(e) prepare and adopt its rules of procedure ;
(f) request the Panafrican Court of Justice, as and when necessary, to give advisory opinion on any legal questions ; and
(g) carry out all other functions assigned thereto under this Constitution and exercise all powers delegated to it by the Assembly.
Article 15 [B3.12]:
1.The Council shall meet twice a year in Ordinary Session. One such Session shall precede the Ordinary Session of the Assembly.
An extra-ordinary Session may be convened by the Chairman of the Council or at the request of a Member State provided that such a request is supported by two-thirds of the members of the Council.
2.The office of the Chairman of the Council shall be held by the Minister of a Member state elected by the council after consultations among its members.
Article 16 [B.3.13]:
1.The Council shall act by regulations.
2. Without prejudice to the provisions of paragraph (5) of Article 23 [B3.18]
of this Constitution, such regulations shall be binding on Member States, subordinate organs of the Union and regional economic communities, after their approval by the Assembly and the Pan-African Parliament. Notwithstanding the foregoing provisions, regulations adopted as aforesaid shall forthwith have a binding effect in the case of delegation of powers by the Assembly pursuant to paragraph 3 (j) of Article 8[B3.8] hereof.
3. Regulations shall be enforceable automatically thirty (30) days after the date of their signature by the Chairman of the Council and shall be published in the official journal of the Union.
4. Unless otherwise provided in this Constitution, regulations shall be adopted by consensus or, failing that, by two-thirds majority of Member States.
Article 17 [A8.14]:
1. Each Member State shall have one vote.
2. All resolutions shall be determined by a simple majority of the members of the Council of Ministers.
3. Two thirds of the total membership of the Council of Ministers shall form a quorum for any meeting of the Council.
Chapter 9 [B3.21-24] : THE EXECUTIVE SECRETARIAT
Article 18 [B3.21-24]:
Composition of the Executive Secretariat
1. [N]The Secretariat shall be the Executive Organ of the PAU.
2.The Secretariat shall be headed by an Executive Secretary assisted by the necessary staff for the smooth functioning of the Union.
Article 19 [B3.22]:
Functions of the Executive Secretary
1. The Executive Secretary shall direct the activities of the Secretariat and shall be its legal representative. He is the Chief Executive of PAU.
2. The Executive Secretary shall :
(a) follow up and ensure the implementation of the decisions of the Assembly and the Parliament, and the application of the regulations of the Council ;
(b) promote development programmes as well as projects of the Union ;
(c) prepare proposals concerning the programme of activity and budget of the Union and upon their approval by the Assembly, ensure the implementation thereof ;
(d) submit a report on the activities of the Union to all meetings of the Assembly, the Council and the Commission ;
(e) prepare and service meetings of the Assembly, the Council, the Union and the Committees ;
(f) carry out studies with a view to attaining the objectives of the Union and make proposals likely to enhance the functioning and harmonious development of the Union.
To this end, the Executive Secretary may request any Member State to furnish him with all necessary information ; and
(g) recruit the staff of the Union and make appointments to all posts except those referred to in paragraph 3 (f) of Article 8 of this Constitution.
Article 20 [B3.23]:
1. The Executive Secretary and his assistants shall be elected by the assembly in accordance with the relevant provisions of the present Constitution and the rules of procedure of the Assembly.
The elected Executive Secretary will only assume his functions if he is confirmed by the Panafrican Parliament.
2. The Financial controller and the Accountant shall be appointed by the Assembly for a term of four (4) years renewable once only. They must be confirmed by the Parliament.
3. In the appointment of the staff of the Secretariat, and in addition to the need to ensure high integrity and competence, consideration shall be given to equitable geographical distribution of posts among all Member States.
Relations between the Staff of the Secretariat and Member States
1. In the performance of their duties, the Executive Secretary and his Assistants, the Financial Controller, the Accountant and the staff of the Secretariat shall be accountable only to the Union. In this regard, they shall neither seek nor accept instructions from any government or any national or international authority external to the Union. They shall refrain from any conduct incompatible with the nature of their status as Panafrican officers.
2. Every Member State undertakes to respect the international character of the duties of the Executive Secretary, his Assistant, the Financial controller, the Accountant and other officers of the Union and undertakes not to influence them in the performance of their duties.
3. Member States undertake to cooperate with the Secretariat and other organs of the Union and to assist them in the discharge of the functions assigned thereto under this Constitution.
The Pan-African Parliament.
1. In order to ensure that the peoples of Africa are fully involved in the economic development and integration of the continent, there shall be established a Pan-African parliament.
2. The composition, functions, powers and organization of the Pan-African Parliament shall be
defined in a protocol providing thereof.
Article 23 [B3.18]:
Pan-African Court of Justice
Constitution and Functions
1. A Pan-African Court of Justice of the Union is hereby constituted.
2. The Pan-African Court of Justice shall ensure the adherence to law in the interpretation and application of this Constitution and shall decide on disputes submitted thereto pursuant to this Constitution.
3. To this end, it shall :
a) decide on actions brought by a Member State or the Assembly, the Panafrican Parliament, a member (physical or moral) of the Civil Society, the Executive Secretariat or the African Civil Society Organization on grounds of the violation of the provisions of this Constitution, or of a decision or a regulation or on grounds of lack of competence or abuse of powers by an organ, an authority or a Member State and
b) at the request of the Assembly, the Council the Parliament, the Executive Secretariat or the African Civil Society Organization, give advisory opinion on any legal matters.
4.The Assembly and the Parliament may confer on the Panafrican Court of Justice the Power to assume jurisdiction by virtue of this Constitution over any dispute other than those referred to in paragraph 3 (a) of this Article.
5. The Panafrican Court of Justice shall carry out the functions assigned to it independent of the Member States and the other organs of the Union.
Article 24 [B3.19]:
Decisions of the Court
The Decisions of the Court of Justice shall be binding on Member States and organs of the Union.
Article 25 [B3.20]:
The statutes, membership, procedures, and other matters relating to the Panafrican Court of Justice shall be determined by the Assembly in cooperation with the Panafrican Parliament and the African Civil Society Organization, in a protocol relating to the Court of Justice.
Chapter 10 [C]: Mechanism for Conflict Prevention, Management and Resolution
Article 26 [C.13]:
It is created by the present Constitution within the PAU, a Mechanism for conflict prevention, management and resolution in Africa.
Article 27 [C.14]:
The Mechanism will be guided by the objectives and principles of the present Constitution.
Article 28 [C.15]:
The Mechanism will have as a primary objective, the anticipation and prevention of conflicts. In circumstances where conflicts have occurred, it will be its responsibility to undertake peace-making and peace-building functions in order to facilitate the resolution of these conflicts. In this respect, civilian and military missions of observation and monitoring of limited scope and duration may be mounted and deployed by the PAU. In setting these objectives, we are fully convinced that prompt and decisive action in these spheres will, in the first instance, prevent the emergence of conflicts, and where they do inevitably occur, stop them from degenerating into intense or generalized conflicts. Emphasis on anticipatory and preventive measures, and concerted action in peace-making and peace-building will obviate the need to resort to the complex and resource-demanding peace-keeping operations, which our countries will find difficult to finance.
Article 29 [C.16]:
However, in the event that conflicts degenerate to the extent of requiring collective international intervention and policing, the assistance or where appropriate the services of the United Nations will be sought under the general terms of its Charter. In this instance, our respective countries will examine ways and modalities through which they can make practical contribution to such a United Nations undertaking and participate effectively in the peace-keeping operations in Africa.
Article 30 [C.17]:
The Mechanism will be built around a Central Organ with the Executive Secretary and the Secretariat as its operational arm.
Article 31 [C.18]:
The Central Organ of the Mechanism shall be composed of the State members of the Bureau of the Assembly of Heads of State and Government elected annually, bearing in mind the principles of equitable regional representation and rotation. In order to ensure continuity, the States of the outgoing Chairman and (where known) the incoming Chairman shall also be members of the Central Organ. Some eminent African personalities shall also be designated to be part of this Central Organ. In between Ordinary Sessions of the Assembly, it will assume overall direction and coordinate the activities of the Mechanism.
Article 32 [C.19]:
The Central Organ shall function at the level of Heads of State as well as that of Ministers and Ambassadors accredited to the PAU or duly authorized representatives. It may, where necessary, seek the participation of the other PAU Member States in its deliberations particularly, the neighbouring countries. It may also seek, from within the Continent, such military, legal and other forms of expertise as it may require in the performance of its functions. The African Civil Society Organization will also participate in the meetings of the Central organ through its duly authorized representatives.
Article 33 [C.20]:
The proceedings of the Central Organ shall be governed by the pertinent Rules of Procedure of the Assembly of Heads of State and Government and of the Panafrican Parliament. The Central Organ shall be convened by the Chairman or at the request of the Executive Secretary or any Member State. It will meet at least once a year at the level of Heads of State and Government; twice a year at the Ministerial level; and once a month at Ambassadorial and duly authorized representatives level. The quorum of the Central Organ shall be two thirds of its members. In deciding on its recommendations and without prejudice to the decision-making methods provided for in the Rules of Procedure of the Assembly of Heads of State and Government, it shall generally be guided by the principle of consensus. The Central Organ shall report on its activities to the Assembly of Heads of State and Government.
Article 34 [C.21]:
The venue of its meetings shall ordinarily be at the Headquarters of the Organization. Meetings may also be held elsewhere if so decided through consultations among its members. The provisional agenda of the Central Organ shall be prepared by the Executive Secretary in consultation with the Chairman.
Article 35 [C.22]:
The Executive Secretary shall, under the authority of the Central Organ and in consultation with the parties involved in the conflict, deploy efforts and take all appropriate initiatives to prevent, manage and resolve conflicts. To this end, the Executive Secretary shall rely upon the human and material resources available at the Executive Secretariat. Accordingly, we direct the Council of Ministers, in consultation with the Executive Secretary, to examine ways and means in which the capacity within the Executive Secretariat can be built and brought to a level commensurate with the magnitude of the tasks at hand and the responsibilities expected of the Union. In his efforts, the Executive Secretary may also resort to eminent African personalities in consultation with the Authorities of their countries of origin. Where necessary, he may make use of other relevant expertise, send special envoys or special representatives as well as dispatch fact-finding missions to conflict areas.
Article 36 [C.23]:
A special fund governed by the relevant PAU Financial Rules and Regulations shall be established for the purpose of providing financial resources to support exclusively the PAU operational activities relating to conflict prevention, management and resolution. It will be made up of financial appropriations from the regular budget of the PAU, voluntary contributions from Member States as well as from other sources within Africa. Eventually this Fund will be totally provided for by the fiscalization of the Union's budget. The Executive Secretary may, with the consent of the Central Organ, and in conformity with the principles and objectives of the PAU Charter, also accept voluntary contributions from sources outside Africa. Disbursement from the Special Fund shall be subject to the approval of the Central Organ.
Article 37 [C.24]:
Within the context of the Mechanism for Conflict Prevention, Management and Resolution, the PAU shall closely coordinate its activities with the African regional and sub-regional organizations and shall cooperate as appropriate with the neighbouring countries with respect to conflicts which may arise in the different sub-regions of the Continent.
Article 38 [C.25]:
The PAU shall also cooperate and work closely with the United Nations not only with regard to issues relating to peace-making but, and especially, also those relating to peace-keeping. Where necessary, recourse will be had to the United Nations to provide the necessary financial, logistical and military support for the PAU's activities in Conflict Prevention, Management and Resolution in Africa in keeping with the provisions of Chapter VIII of the UN Charter on the role of regional organizations in the maintenance of international peace and security. In like manner, the Executive Secretary of the PAU shall maintain close cooperation with other international organizations.
Article 39 [N]:
1. The Pan-African Union shall gradually constitute through the present Mechanism, a complete and coherent continental defence system, called the Pan-African Army.
2.The Pan-African Army shall be constituted, in a first stage, by the transfer of A one-third of the Armed Forces of the Union's member States, to the Central organ, under the high command of the Executive Secretary.
3. The function, organization and functioning of the Pan-African Army shall be decided upon by a specific protocol thereof.
Chapter 11 [N]:
Participation of Political parties
Article 40: Political rights of Africans
Each African has inalienable political rights. The United States of Africa constitutes a superior framework of expression and enjoyment of these rights.
Continental political pluralism
A general principle of the Union is that of indispensable continental political pluralism. The creation of many political parties and/or political families at the continental level is guaranteed by the present Constitution. These parties shall develop, each one as far as it is concerned, many concrete approaches of strengthening a continental state and a Pan-African government. Some shall be socialists, others liberal and some others the combination of both. The essential is that all those different parties should give each African an opportunity to contribute his own stone to the constitution of a continental supranation. Beyond the different ideologies which shall characterize the continental political parties, shall subsist an evident common denominator, which shall be clearly indicated in the objectives followed by any party.
1. Africa faces two types of democracy. The consensual democracy inherited from our ancestors and the liberal democracy introduced by the industrial West. Between the two, there are many democratic methods developed in our countries. At the continental level, efforts shall be made for finding democratic procedures, which suit these great tendencies. The ideal shall be the implementation of a democracy authentically African, responding to the deep aspirations of the Africans of today and tomorrow.
2. Political integration shall be organized on an objective and popular basis so that by avoiding all forms of improvisation or precipitation, Africans can legitimately assume their responsibilities at the continental level.
3. The promotion of generalized democracy in African life is one of the safest means to get our continent out of the multiform crises that undermine it. It is thus indispensable to promote, from the national political achievements, the real political parties specifically continental for serving, on the one hand, as melting pots of Panafrican political leadership, and on the other hand, as direct participation means of African people in leadership organs of the continent.
Objectives of Panafrican parties
The Panafrican parties and political families shall have as objectives to:
a) Promote the consolidation and the influence of a Confederal State of the African continent, regrouping the Member States of the PAU and endowed with three independent powers, which are the Executive, the Legislative and the Judiciary. It is that continental confederation which constitutes the United States of Africa.
b) Promote the further evolution of the continental confederation through a federation authentically African.
c) Participate in economic, social, cultural and administrative integration efforts at sub-regional, regional and continental levels.
d) Contribute to the prosperity and success of Africans by the search for freedom, political stability, permanent peace, collective security and justice.
e) Promote research and the implementation of a social model according to the African genius and susceptible to accelerating the self-development process of Africa.
Means of Action
The continental parties and political families shall follow the objectives above through:
a) The putting in place and rigorous execution of political programs of African unity.
b) An efficient coordination of their activities at the national, sub-regional, regional and continental levels.
c) Fruitful cooperation with other political parties, associations and organizations having common objectives.
d) Mobilization of proper resources, to which, eventually, the PAU could bring support following conditions to be set by the law.
Continental political consultations
1. The continental parties and families shall participate at continental consultations (referendums and elections) by presenting the candidates and by carrying out campaigns according to the laws in force.
2. Nevertheless, no party shall call in a specific organization of the African civil society, to support its candidates, or provide it with candidates. The African Civil Society Organization enjoys statutes duly recognized by the present Constitution. By virtue of these statutes, it can only carry out campaigns with non-partisan political objectives, for instance, through referendums and Draft Constitutions emanating from it.
Independent candidates both from political formations and specific Civil Society Organizations shall be free to stand for Pan-African elections. It will be thus up to them to organize their own support and campaign structures.
On economic Social and Cultural Integration
Reinforcement and acceleration
of the African Economic Community
Article 46 [N]:
By the present Constitution, the African Economic Community is reinforced as a general framework for the economic, social and cultural integration of the Union. Its realization shall be accelerated by a reduction of the initial duration of implementation.
Article 47 [B2.4]:
1.The Objectives of the African Economic Community shall be :
a) to promote economic, social and cultural development and the integration of African economies in order to increase economic self-reliance and promote endogenous and self-sustained development .
b) to establish, on a continental scale, a framework for the development, mobilization and utilization of the human and material resources of Africa in order to achieve a self-reliant development ;
c) to promote cooperation in all fields of human endeavour in order to raise the standard of living of African peoples, and maintain and enhance economic stability, foster close and peaceful relations among Member States and contribute to the progress, development and the economic integration of the continent ; and
d) to coordinate and harmonize policies among existing and future economic communities in order to foster the gradual establishment of the Community.
2. In order to promote the attainment of the objectives of the Community as set out in paragraph 1 of this Article, and in accordance with the relevant provisions of this Constitution, the African Economic Community shall, by stages, ensure :
a) the strengthening of existing regional economic communities and the establishment of other communities where they do not exist ;
b) the conclusion of agreements aimed at harmonizing and coordinating policies among existing and future sub-regional and regional economic communities ;
c) the promotion and strengthening of joint investment programmes in the production and trade of major products and inputs within the framework of collective self reliance ;
d) the liberalization of trade through the abolition, among Member States, of Customs duties levied on imports and exports and the abolition, among Member States, of Non-Tariff Barriers in order to establish a free trade area at the level of each regional economic community ;
e) the harmonization of national policies in order to promote community activities, particularly in the fields of agriculture, industry, transport and communication, energy, natural resources, trade, money and finance, human resources, education, culture, science and technology ;
f) the adoption of a common trade policy vis-à-vis third states ;
g) the establishment and maintenance of a common external tariff ;
h) the establishment of a common market ;
i) the gradual removal, among Member States, of obstacles to the free movement of persons, goods, services and capital and the right of residence and establishment ;
j) the establishment of a Community Solidarity, Development and Compensation Fund ;
k) the granting of special treatment to Member states classified as least developed countries and the adoption of special measures in favour of land-locked, semi-land locked and island countries ;
l) the harmonization and rationalization of the activities of existing African multi-national institutions and the establishment of such institutions, as and when necessary, with a view to their possible transformation into organs of the Union ;
m) the establishment of appropriate organs for trade in agricultural and cultural products, minerals, metals, and manufactured and semi-manufactured goods within the Union ;
n) the establishment of contacts and the promotion of information flow among trading organizations such as State commercial enterprises, export promotion and marketing bodies, chambers of commerce, associations of businessmen, and business and advertising agencies ;
o) the harmonization and coordination of environmental protection policies ; and
p) any other activity that Member States may decide to undertake jointly with a view to attaining the objectives of the community.
Article 48 [B.2.5]:
1. We undertake our Member States to create favourable conditions for the development of the Union and the attainment of its objectives, particularly by harmonizing their strategies and policies. They shall refrain from any unilateral action that may hinder the attainment of the said objectives.
2. Each Member State shall, in accordance with its constitution procedures, take all necessary measures to ensure the enactment and dissemination of such legislation as may be necessary for the implementation of the provisions of this Constitution
3. Any Member State which persistently fails to honour its general undertakings under this Constitution or fails to abide by the decisions or regulations of the Community may be subjected to sanctions by the Pan-African Court of Justice. Such sanctions may include the suspension of the rights and privileges of membership and may be lifted by the same Court.
Article 49 [B2.6]:
Modalities for the establishment of the community
1.The community shall be established gradually over a transitional period not exceeding fifteen (15) years, as from May 12, 1994, date of entry into force of the Abuja Treaty. This maximal period is subdivided in six (6) stages of variable duration. At each such stage, specific activities shall be assigned and implemented concurrently as follows :
a) First Stage :
i) Strengthening of existing regional economic communities and, establishing economic communities in regions where they do not exist ;
ii) [N] Establishment of the Pan-African Parliament, the Pan-African Court of Justice, the Economic and Social Commission and the African Civil Society Organization.
b) Second Stage :
(i) at the level of each regional economic community stabilizing Tariff Barriers and Non-Tariff Barriers, Customs Duties and internal taxes existing on the date of entry into force of the Abuja Treaty ; there shall also be prepared and adopted studies to determine the time-table for the gradual removal of tariff Barriers and Non-Tariff Barriers to regional and intra-Community trade and for the gradual harmonization of Customs Duties in relation to third States ;
(ii) strengthening of sectoral integration at the regional and continental levels in all areas of activity particularly in the fields of trade, agriculture, money and finance, transport and communications, industry and energy ; and
(iii) coordination and harmonization of activities among the existing and future economic communities.
(iv) [N] At the level of each Member State, setting up of specialized technical committees
c) Third Stage :
At the level of each regional economic community, establishment of a Free Trade Area through the observance of the time-table for the gradual removal of Tariff Barriers and Non-Tariff Barriers to intra-community trade and the establishment of a Customs Union by means of adopting a common external tariff.
d) Fourth Stage :
Coordination and harmonization of tariff and non-tariff systems among the various regional economic communities with a view to establishing a Customs Union at the continental level by means of adopting a common external tariff.
e) Fifth Stage :
Establishment of an African Common Market through :
(i) the adoption of a common policy in several areas such as agriculture, transport and communications, industry, energy and scientific research ;
(ii) the harmonization of monetary, financial and fiscal policies ;
(iii) the application of the principle of free movement of persons as well as the provisions herein regarding the rights of residence and establishment ; and
(iv) constituting the proper resources of the Union as provided for in paragraph 2 of Article 116[B17.82] of this Constitution.
(f) Sixth Stage :
(i) consolidation and strengthening of the structure of the African Common Market, through including the free movement of people, goods, capital and services, as well as, the provisions herein regarding the rights of residence and establishment ;
(ii) integration of all the sectors namely economic, political, social and cultural ; establishment of a single domestic market and a Pan-African Economic and Monetary Union ;
(iii) implementation of the final stage for the setting up of an African Monetary Union, the establishment of a single African Central Bank and the creation of a single African Currency ;
(iv) implementation of the final stage for the setting up of the structure of the Pan-African Parliament and election of its members by continental universal suffrage ;
(v) implementation of the final stage for the harmonization and coordination process of the activities of regional economic communities ;
(vi) implementation of the final stage for the setting up of the structures of African multi-national enterprises in all sectors ; and
(vii) implementation of the final stage for the setting up of the structures of the executive organs of the Union.
2. All measures envisaged under this Constitution for the promotion of a harmonious and balanced development among Member States, particularly, those relating to the formulation of multi-national projects and programmes, shall be implemented concurrently within the time period specified for the attainment of the objectives of the various stages outlined in paragraph 2 of this Article.
3. The transition from one stage to another shall be determined when the specific objectives set in this Constitution or pronounced by the Assembly, in agreement with the other Superior Organs for a particular stage, are implemented and all commitments fulfilled. The Assembly, on the recommendation of the council, shall confirm that the objectives to a particular stage have been attained and shall approve the transition to the next stage.
Economic and socio-cultural Organs
Article 50 [B3.7]:
1. In addition to the organs stated in article 7[A6.7] of the present Constitution, the other economic and socio-cultural organs of the Union shall be:
a) [B3.7.a] the Economic and Social Commission
b) [B3.7.1.g] the specialized technical committees
c) [N] the African Civil Society Organization
2. The organs of the Union shall perform their duties and act in limits of the powers conferred on them by this Constitution and by the law:
Article 51 [B3.15]:
Economic and Social Commission
Composition and Participation
1.The Commission shall be the economic and social Commission of the PAU.
2 . The commission shall comprise Ministers responsible for economic development, planning and integration of each Member State. Other Ministers may assist them, as and when necessary.
3. Representatives of regional economic communities and the African Civil Society Organization shall participate in meetings of the commission and its subsidiary organs.
The modalities and conditions of their participation shall be prescribed in the protocol concerning relations between the Union and African regional and sub-regional organizations and third States. Representatives of other organizations may also be invited to participate as observers in the deliberations of the commission.
Article 52 [B3.16]:
The commission shall carry out the following functions :
(a) Prepare programmes, policies and strategies for cooperation in the fields of economic and social development among African countries on the one hand, and between Africa and the international community on the other, and make appropriate recommendations to the Assembly, through the Council ; and to the Panafrican Parliament
b) Coordinate, harmonize, supervise and follow-up the economic, social, cultural, scientific and technical activities of the Secretariat, of the Committees and any other subsidiary body ;
c) Examine the reports and recommendations of the committees and submit them, together with observations and recommendations to the Assembly, through the council, and to the Panafrican Parliament;
d) Make recommendations to the Assembly, through the Council and to the Parliament with a view of coordinating and harmonizing the activities of the different regional economic communities ;
e) Supervise the preparation of international negotiations, assess the results thereof and report thereon to the Assembly through the Council, and to the Parliament; and
f) Carry out any other function assigned thereto by the assembly or the Panafrican Parliament.
Article 53 [B3.17]:
1.The Commission shall meet at least once a year in Ordinary session. It may be convened in extraordinary Session either on its own initiative or at the request of the Assembly or the Parliament.
2.The Ordinary session of the commission shall be held immediately before the Ordinary session of the Council preceding the session of the Assembly and at the same venue.
3.The Commission shall prepare and adopt its rules of procedure.
Article 54 [B3.25]:
Specialized technical Committees
Establishment and Composition
1.There is hereby established the following committees :
(a) The Committee on Rural Economy and Agricultural Matters ;
(b) The Committee on Monetary and Financial Affairs ;
(c) The Committee on Trade, Customs and Immigration Matters ;
(d) The Committee on Industry, Science and Technology, Energy, Natural Resources and Environment ;
(e) The Committee on Transport, Communications and Tourism ;
(f) The Committee on Health, Labour and Social Affairs ; and
(g) The Committee on Education, Culture and Human Resources
(h) The Committee on Justice and Peace Matters
1. The Assembly shall, whenever it deems appropriate, in agreement with the Panafrican Parliament restructure the existing Committees or establish other Committees.
3. [N] Each committee shall comprise a representative of each Member State and two representatives of the African Civil Society Organization. The representatives may be assisted by advisors.
4. Each Committee may, as it deems it necessary, set up subsidiary committees to assist the Committee in carrying out its work. It shall determine the composition of any such subsidiary Committee.
Article 55 [B3.26]:
Each committee shall within its field of competence :
(a) prepare community projects and programmes and submit them to the commission ;
(b) ensure the supervision, follow-up and the evaluation of the implementation of decisions taken by the organs of the Union ;
(c) ensure the coordination and harmonization of projects and programmes
of the community;
(d) submit to the commission and to the Parliament, either on its own initiative or at the request of the Commission, reports and recommendations on the implementation of the provisions of this Constitution ; and
(e) carry out any other functions assigned to it for the purpose of ensuring the implementation of the provisions of this Constitution .
Article 56 [B3.27:]
Subject to any directives given by the Commission, each Committee shall meet as often as necessary and shall prepare its rules of procedure and submit them to the Commission for approval.
Chapter 14 [N]:
Participation of the Civil Society
The African Civil Society shall participate in the life of the United States of Africa in the framework of the activities of different sectoral organizations which make up the Civil Society. So, organizations and associations of youths, women, intellectuals, handicapped persons, employers, trade unions, traditional chiefs, as well as human rights organizations, religious organizations, many non governmental organizations, etc., shall participate, each in its scope, at national, sub-regional, regional and continental levels, in the achievement of the ideals of the Union.
For a coherent and efficient participation, the different organizations of the civil society shall have at continental level, a great institutional structure of a confederal nature, called "African Civil Society Organization (ACSO)". This shall be a representative institution of the whole African civil society at the high level of the organs of the Union.
The African Civil Society Organization shall have as specific functions to:
1. Serve as the highest consultative institution beside the Summit, Legislative, Executive and the Judiciary of the Union.
2. Present the suggestions of different organizations of the civil society to the higher appropriate institutions. In this regard, its bills shall be directly transmitted to the Panafrican Parliament. In the same way, its representatives shall have a seat in the Economic and Social Commission as well as in specialized Technical Committees.
3. Contribute to the formulation of bills presented by the Executive Secretariat to the Parliament, by examing these bills and by transmitting their observations and recommendations to the Legislative and Executive Secretariat.
4. To express the views of the Civil Society to the Assembly of Heads of State and Government of the Union.
5. Defend the interests of the Civil Society before the Panafrican Court of Justice by referring to it directly in favour of members of the Civil Society or by supporting the latter in Court.
The budgetary resources of the African Civil Society organization shall be provided by continental sources specially determined to this effects, and most particularly from the Panafrican Visa of International Solidarity. This Visa is an entry duty payable by any non-African when entering the Union territory. It is paid out of usual national visas. The incomes of that Visa shall finance also the budgets of Panafrican Parliament, Panafrican Court of Justice and a part of the budget of the Executive Secretariat of the Union.
1. The African Civil Society Organization establishes its statutes and rules of procedure, and elects its leaders.
2. The other functions of the African Civil Society Organization, as well as its relations with the other organs of the Union shall be defined in a related protocol.
Chapter 15 [B4]
Regional Economic communities
Article 62 [B4.28]:
Strengthening of regional economic communities
1. During the first stage, Member States shall strengthen existing regional economic communities and shall establish new communities where they do not exist in order to ensure the gradual establishment of the African Economic Community.
2. Member States shall take all necessary measures aimed at progressively promoting increasingly closer cooperation among the communities, particularly through coordination and harmonization of their activities in all fields or sectors in order to ensure the realization of the objectives of the Union.
Chapter 16 [B5]
Customs Union and Liberalization of Trade
Article 63 [B5.29]:
Member States of each regional economic community shall progressively establish among them a Customs Union during the transitional period specified in Article 49[B2.6] of this Constitution. The Customs Union will involve :
(a) the elimination, among Member States of each regional economic community, of customs duties, quota restrictions, other restrictions or prohibitions and administrative trade barriers, as well as all other non-tariff barriers, and
(b) the adoption by Member States of a common external customs tariff.
Article 64 [B5.30]:
Elimination of Customs duties Among Member States of Regional Economic Communities
1.During the second stage, Member states of each regional economic community shall refrain from establishing among themselves any new customs duties and from increasing those that apply in their mutual trade relations.
2. During the third stage, Member States shall progressively reduce and eliminate custom duties at the level of each regional economic community, in accordance with such programmes and modalities as shall be determined by each economic community.
3.During each stage, the Assembly, on the recommendation of the Council, shall take the necessary measures in agreement with the Panafrican Parliament with a view to coordinating and harmonizing the activities of the regional economic communities relating to the elimination of customs duties among Member states.
Article 65. [B5.31]:
Elimination of Non-Tariff Barriers to Intra-community trade
1. At the level of each regional economic community and subject to the provisions of this constitution, each Member State shall, upon the entry into force of the Abuja(12 May 1994) Treaty, progressively relax and ultimately remove quota restrictions, and all other non-tariff barriers and prohibitions which apply to exports to that state, of goods originating in the other Member States, at the latest, by the end of the third stage and in accordance with paragraph (2) of this Article. Except as otherwise provided or permitted by this Constitution, each Member State shall thereafter refrain, from imposing any further restrictions or prohibitions on such goods.
2. Subject to the provisions of this Constitution, each regional economic community shall adopt a programme for the progressive relaxation and ultimate elimination, the latest by the end of the third stage, of all quota restrictions and prohibitions and all other non-tariff barriers that apply in a Member State, to imports originating in the other Member States ; it being understood that each regional economic community may subsequently decide that all quota restrictions, other restrictions and prohibitions be relaxed or removed within a shorter period than that prescribed in this paragraph.
3. The arrangements governing restrictions, prohibitions, quota restrictions, dumping subsidies and discriminatory practices shall be the subject of a Protocol concerning Non-Tariff Trade Barriers.
Article 66 [ B5. 32]:
Establishment of a common External Customs Tariff
1. During the third stage, Member states shall, at the level of each regional economic community, agree to the gradual establishment of a common external customs tariff applicable to goods originating from third States and imported into Member States.
2. During the fourth stage, regional economic communities shall, in accordance with a programme drawn up by them, eliminate differences between their respective external customs tariffs.
3. During the fourth stage the Council shall propose to the Assembly, in agreement with the Panafrican Parliament, the adoption at Union level of a common customs and statistical nomenclature for all Member State.
Article 67 [ B5. 33]:
System of Intra-Community Trade
1. At the end of the third stage, no Member State shall, at the level of each regional economic community, levy customs duties on goods originating in one Member states and imported into another Member States. The same prohibition shall apply to goods originating from third States which are in free circulation in Member States and are imported from one Member State into another.
2. The definition of the notion of products originating in Member States and the rules governing goods originating in a third State and which are in free circulation in Member States shall be governed by a Protocol concerning the rules of Origin.
3. Goods originating from third states shall be considered to be in free circulation in a Member State if (i) the import formalities relating thereto have been complied with, (ii) customs duties have been paid thereon in that Member state, and (iii) they have not benefited from a partial or total exemption from such customs duties.
4. Member States undertake not to adopt legislation implying direct or indirect discrimination against identical or similar products originating from another Member State.
Article 68 [ B5. 34]:
1. During the third stage, Member States shall not levy, directly or indirectly, on goods originating from Member States and imported into any Member States, internal taxes in excess of those levied on similar domestic products.
2. Member States, at the level of each regional economic community, shall progressively eliminate any internal taxes levied for the protection of domestic products. Where by virtue of obligations assumed under a prior agreement signed by a Member State, that Member State is unable to comply with this article, it shall notify the Council of this fact and shall not extend or renew such agreement when it expires.
Article 69 [ B5. 35]:
Exceptions and Safeguard Clauses
1. Notwithstanding the provisions of Articles 64[B5.30] and 65[B5.31] of this Constitution, any Member State, having made its intention known to the Secretariat which shall inform Member states thereof, may impose or continue to impose restrictions or prohibitions affecting :
(a) the application of security laws and regulations ;
(b) the control of arms, ammunitions and other military items and equipment ;
(c) the protection of human, animal or plant health or life, or the protection of public morality ;
(d) export of strategic minerals and precious stones ;
(e) the protection of national treasures of artistic or archaeological value or the protection of industrial, commercial and intellectual property ;
(f) the control of hazardous wastes, nuclear material, radio-active products or any other material used in the development or exploitation of nuclear energy ;
(g) protection of infant industries ;
(h) the control of strategic products; and
(i) goods imported from a third country to which a Member State applies total prohibition relating to country of origin.
2. The prohibitions or restrictions referred to in paragraph 1 of this Article shall in no case be used as a means of arbitrary discrimination or a disguised restriction on trade between Member States.
3. Where a Member State encounters balance-of-payments difficulties arising from the application of the provisions of this Chapter, that Member State may be allowed by the competent organ of the Union, provided that it has taken all appropriate reasonable steps to overcome the difficulties, to impose, for the sole purpose of overcoming such difficulties, quantitative or similar restrictions or prohibitions on goods originating in the other Member States for such period as shall be determined by the competent organ of the Union.
4. For the purpose of protecting an infant or strategic industry, a Member State may be allowed by the competent organ of the Union, provided it has taken all appropriate reasonable steps to protect such industry, to impose, for the sole purpose of protecting such industry, quantitative or similar restrictions of prohibitions, on similar goods originating in the other Member States for such period as shall be determined by the competent organ of the Union.
5. Where the imports of a particular product by a Member State from another Member state increase in a way that cause, or is likely to cause, serious damage to the economy of the importing state, the latter may be allowed by the competent organ of the Union to apply safeguard measures for a specified period.
6. The Council shall keep under regular review the operation of any quantitative or similar restrictions or prohibitions imposed pursuant to Paragraphs 1, 3, and 4 of this Article and shall take appropriate action in this connection. It shall submit, each year, to the Assembly and to the Parliament, a report on the aforementioned matters.
Article 70 [ B5. 36]:
1.Member States shall prohibit the practice of " dumping " within the Union.
2. For the purpose of this Article, " dumping " shall mean the transfer of goods originating from a Member State to another Member State for them to be sold :
(a) at a price lower than the usual price offered for similar goods in the Member State from which those goods originate, due account being taken of the differences in conditions of sale, taxation, transport expenses and any other factor affecting the comparison of prices; and
(b) in conditions likely to prejudice the manufacture of similar goods in the Member State.
Article 71 [ B5. 37]:
Most Favoured Nation Treatment
1. Member States shall accord one another, in relation to intra-community trade, the most-favoured-nation treatment. In no case shall tariff concessions granted to a third State pursuant to an agreement with a Member State be more favourable than those applicable pursuant of this Constitution.
2. The text of the agreements referred to in paragraph 1 of this Article shall be forwarded by the Member States parties thereto, through the Executive Secretary, to all the other Member States for their information.
3. No agreement between a Member State and a third State, under which tariff concessions are granted, shall be incompatible with the obligations arising out of this Constitution.
Article 72 [ B5. 38]:
Re-export of Goods and Intra-Community Transit Facilities
1. During the third stage, Member States shall facilitate the re-export of goods among them in accordance with the Protocol concerning the Re-export of Goods.
2. Member States shall grant one another freedom of transit through their territories to goods proceeding to or coming from another Member State in accordance with the Protocol concerning Intra-Community Transit and Transit Facilities and in accordance with the provisions of any Intra-Community Agreements to be concluded.
Article 73 [ B5. 39]:
Customs Cooperation and Administration
Member States shall, in accordance with the Protocol concerning Customs Cooperation, take all necessary measures for harmonizing and standardizing their customs regulations and procedures in such a manner as shall be appropriate for ensuring the effective implementation of the provisions of this Chapter and facilitating the movement of goods and services across their frontiers.
Article 74 [ B5. 40]:
Trade Documents and Procedures
For the purpose of facilitating intra-community trade in goods and services, Member States shall simplify and harmonize their trade documents and procedures in accordance with the Protocol concerning the Simplification and Harmonization of Trade Documents and Procedures.
Article 75 [ B5. 41]:
Diversion of Trade Arising From Barter or Compensatory Exchange Agreement
1. If, as a result of a barter or compensatory exchange agreement relating to a specific category of goods concluded between a Member State or a person of the said Member State, on the one hand, and a third State or person of the said third State, on the other, there is substantial diversion of trade in favour of goods imported under such agreement and to the detriment of similar goods of the same category imported from and manufactured in any other Member State, the Member State importing such goods shall take effective steps to correct the diversion.
2. In order to determine whether a diversion of trade has occurred in a specific category of goods within the meaning of this Article, consideration shall be given to all the relevant trade statistics and other data available on such category of goods for the six-month period preceding a complaint from an affected Member State concerning diversion of trade, and for an average of two comparable six-month periods during the twenty-four (24) months preceding the first importation of goods under the barter agreement or compensatory exchange agreement.
3. The Executive Secretary shall refer the matter to the Panafrican Court of Justice for consideration and decision.
Article 76 [ B5. 42]:
1. In order to attain the objectives of the Union set out in sub-paragraph 2 (m) Article 47 [ B2. 4] of this Constitution, we engage our Member States to undertake the trade promotion activities stated below in the following areas :
(a) Intra-Community Trade
(i) Promote the use of the Union's local materials, intermediate goods and input, as well as finished products originating within the Union;
(ii) adopt the " All-Africa Trade Fair of the PAU ", as an instrument of the Union's trade promotion
(iii) participate in the periodic fairs organized under the auspices of the "All-Africa Trade Fair of the PAU ", sectoral trade fairs, regional trade fairs and other trade promotion activities of the Union;
(iv) develop an intra-community trade information network, linking the computerized trade information systems of existing and future regional economic communities and individual Member States of the Union; and
(v) with the assistance of the Secretariat, study the supply and demand patterns in Member States and disseminate the findings thereon within the Union.
(b) South-South Trade
(i) promote the diversification of Africa's markets, and the marketing of Union's products ;
(ii) participate in extra-community trade fairs, in particular, within the context of South-South Cooperation ; and
(iii) participate in extra-community trade and investment forums.
(c) North-South Trade
(i) promote better terms of trade for African commodities and improve market access for Union's products ;
(ii) Participate as a group in international negotiations within the framework of WTO and UNCTAD and other trade-related negotiating forum.
2. The modalities of organizing trade promotion activities and trade information systems of the Union shall be governed by a Protocol concerning Trade Promotion.
Chapter 17 [B6]:
Free Movement of Persons, Rights of Residence and Establishment
Article 77 [B6.43]:
1. Member States agree to adopt, individually, at bilateral or regional levels, the necessary measures in order to achieve progressively the free movement of persons, and to ensure the enjoyment of the right of residence and the rights of establishment by their nationals within the Union.
2. For this purpose, Member States shall conclude a Protocol on the Free Movement of Persons, Right of Residence and right of Establishment.
Chapter 18 [B7]:
Money, Finances and Payments
Article 78 [B7.44]:
Monetary, Financial and Payment policies
1. In accordance with relevant Protocols, Member States shall, within a time-table to be determined by the Assembly in agreement with the Panafrican Parliament, harmonize their monetary, financial and payments policies, in order to boost intra-Community trade in goods and services, to further the attainment of objectives of the Union and to enhance monetary and financial cooperation among Member States.
2. To this end, Member States shall :
(a) use their national currencies in the settlement of commercial and financial transactions in order to reduce the use of external currencies in such transactions ;
(b) establish appropriate mechanisms for setting up multilateral payments systems ;
(c) consult regularly among themselves on monetary and financial matters ;
(d) promote the creation of national, regional and sub-regional money markets, through the coordinated establishment of stock exchanges and harmonizing legal texts regulating existing stock exchanges with a view to making them more effective ;
(e) coordinate in an effective manner in the fields of insurance and banking
(f) further the liberalization of payments and the elimination of payment restrictions, if any, among them and promote the integration of all existing payments and clearing mechanisms among the different regions into an African Clearing and Payments House ; and
(g) establish an African Monetary Union through the harmonization of regional monetary zones.
(h) The common money used in the Monetary Union is called AFRI. It shall progressively become the single money, in accordance with the provisions of Article 49 [ B2.6f ] of this Constitution
Article 79 [B7.45]:
Movement of Capital
1. Member States shall ensure the free movement of capital within the Union through the elimination of restrictions on the transfer of capital funds between Member States in accordance with a timetable to be determined by the Council and the Panafrican Parliament.
2. The capital referred to in Paragraph 1 of this Article is that of Member States or persons of Member States.
3. The Assembly and the Parliament, having regard to the development objectives of national, regional and continental plans, and upon the recommendation of the Commission and after the approval of the Council acting on the recommendation of the Commission, shall prescribe the conditions for the movement within the Union of the capital funds other than those referred to in paragraph (2) of this Article.
4. For the purpose of regulating the movement of capital between Member States and Third States the Assembly and the Parliament, upon the approval of the Council, acting on the recommendation of the Commission, shall take steps aimed at coordinating progressively the national and regional exchange control policies.
Chapter 19 [B8]:
Food and Agriculture
Article 80 [B8.46]:
Agricultural Development and Food Production
1. Member States shall cooperate in the development of agriculture, forestry, livestock and fisheries in order to :
(a) ensure food security ;
(b) increase production and productivity in agriculture, live-stock, fisheries and forestry, and improve conditions of work and generate employment opportunities in rural areas ;
(c) enhance agricultural production through processing locally animal and plant products ; and
(d) protect the price of export commodities on the international market by means of establishing an African Commodity Exchange.
2. To this end, and in order to promote the integration of production structures, Member States shall cooperate in the following fields :
(a) the production of agricultural inputs, fertilizer, pesticides, selected seeds, agricultural machinery and equipment and veterinary products ;
(b) the development of river and lake basins ;
(c) the development and protection of marine and fishery resources ;
(d) plant and animal protection ;
(e) the harmonization of agricultural development strategies and policies at regional and continental levels, in particular, in so far as they relate to production, trade and marketing of major agricultural products and inputs, and
(f) the harmonization of food security policies in order to ensure :
(i) the reduction of losses in food productions ;
(ii) the strengthening of existing institutions for the management of natural calamities, agricultural diseases and pest control
(iii) the conclusion of agreements on food security at the regional and continental levels ;
(iv) the provision of food aid to Member states in the event of serious food shortage ; and
(v) the protection of regional and continental markets primarily for the benefit of African agricultural products.
Protocol on Food and Agriculture
For purposes of this Chapter, Member States shall cooperate in accordance with the provisions of the Protocol on Food and Agriculture.
Chapter 20 [B9]:
Industry, Science, Technology, Energy, Natural Resources and Environment
Article 82 [B9.48]:
1. For the purpose of promoting industrial self-development of the continent and integrating their economies, Member States shall, within the Union, harmonize their industrialization policies.
2. In this connection, Member States shall :
(a) strengthen the industrial base of the Union, in order to modernize the priority sectors and foster self-sustained and self-reliant development ;
(b) promote joint industrial development projects at regional and continental levels, as well as the creation of African Multinational enterprises in priority industrial sub-sectors likely to contribute to the development of agriculture, transport and communications, natural resources and energy.
Article 83 [B9.49]:
In order to create a solid basis for industrialization and promote collective self-reliance, Member states shall :
(a) ensure the development of the following basic industries essential for collective self-reliance and the modernization of priority sectors of the economy :
(i) food and agro-based industries ;
(ii) building and construction industries ;
(iii) metallurgical industries ;
(iv) mechanical industries ;
(v) electrical and electronics industries ;
(vi) chemical and petro-chemical industries ;
(vii) forestry industries ;
(viii) energy industries ;
(ix) textile and leather industries ;
(x) transport and communication industries;
(xi) bio-technology industries ; and
[N](xii) astronomic industries
(b) ensure the promotion of small-scale industries with a view to enhancing the generation of employment opportunities within the Union ;
(c) promote intermediate industries that have strong link-ages to the economy in order to increase the local component of industrial output within the Union ;
(d) prepare master plans at regional and Union levels for the establishment of African multinational industries particularly those whose construction cost and volume of production exceed national financial and absorptive capacities ;
(e) strengthen and establish, where they do not exist, specialized institutions for the financing of African multinational industrial projects ;
(f) facilitate the establishment of African multinational enterprises and encourage and give financial and technical support to African entrepreneurs ;
(g) promote the sale and consumption of strategic industrial products manufactured within the Union;
(h) promote technical cooperation and the exchange of experience in the field of industrial technology and implement technical training programmes within the Union ;
(i) Strengthen the existing multinational institutions, particularly, the African Regional Centre for technology, the African Regional Centre for Design and Manufacture and the African Industrial Development fund ;
(j) Establish a data and statistical information base to serve industrial development at the regional and continental levels ;
(k) Promote South-South and North-South cooperation for the attainment of industrialization objectives in Africa ;
(l) Promote industrial specialization in order to enhance the complementarity of African economies and expand the intra-community trade base, due account being taken of national and regional resource endowments ; and
(m) Adopt common standards and appropriate quality control systems which are crucial to industrial cooperation and integration.
Article 84 [B9. 50]:
Protocol on Industry
For the purposes of Articles [B.48] and [B.49] of this Constitution, Member States agree to cooperate in accordance with the provisions of the Protocol on Industry.
Science and Technology
1. Member states shall :
(a) strengthen scientific and technological capabilities in order to bring about the socio-economic transformation required to improve the quality of life of their population, particularly that of the rural populations ;
(b) ensure the proper application of science and technology to the development of agriculture, transport and communications, industry, health and hygiene, energy, education and manpower and the conservation of the environment ;
(c) reduce their dependence and promote their individual and collective technological self-reliance ;
(d) cooperate in the development, acquisition and dissemination of appropriate technologies, and
(e) strengthen existing scientific research institutions, and, where they do not exist, establish new institutions.
2. In the context of cooperation in this field, Member States shall :
(a) harmonize, at the community level, their national policies on scientific and technological research with a view to facilitating their integration into the national economic and social development plans ;
(b) coordinate their programmes in applied research, research for development and scientific and technological services ;
(c) harmonize their national technological development plans by placing special emphasis on local technologies as well as their regulations on industrial property and transfer of technology ;
(d) coordinate their positions on all scientific and technical questions forming the subject of international negotiations ;
(e) carry out a permanent exchange of information and documentation and establish community data networks and data banks ;
(f) develop joint programmes for training scientific and technological cadres, including the training and further training of skilled manpower ;
(g) promote exchanges of researchers and specialists among Member States in order to make full use of the technical skills available within the Union; and
(h) revise the educational systems in order to better adapt educational, scientific and technical training to the specific developmental needs of the African environment.
Article 86 [B9.52]:
Scientific Research and Technological Development
Member States shall take all necessary measures to prepare and implement joint scientific research and technological development programmes.
Article 87 [B9.53]:
Protocol on Science and Technology
For the purposes of Articles 85[B9.51] and 86[B9.52] of this Constitution, Member States shall cooperate in accordance with the provisions of the Protocol on Science and Technology.
Article 88 [B9.54]:
Energy and Natural Resources
1. Member States shall coordinate and harmonize their policies and programmes in the field of energy and natural resources.
2. To this end, they shall :
(a) ensure the effective development of the continent's energy and natural resources ;
(b) establish appropriate cooperation mechanisms with a view to ensuring a regular supply of hydrocarbons ;
(c) promote the development of new and renewable energy in the framework of the policy of diversification of sources of energy ;
(d) harmonize their national energy development plans ;
(e) articulate a common energy policy, particularly, in the field of research, exploitation, production and distribution ;
(f) establish an adequate mechanism of concerted action and coordination for the collective solution of the energy development problems within the Union, particularly, those relating to energy transmission, the shortage of skilled technicians and financial resources for the implementation of energy projects of Member States ; and
(g) promote the continuous training of skilled manpower.
1. Member States shall cooperate in the following fields :
(a) Mineral and water resources;
(b) Nuclear energy;
(c) New and renewable energy.
2. They shall further:
(a) seek better knowledge and undertake an assessment of their natural resources potential ;
(b) reduce progressively their dependence on transnational enterprises in the development of such resources, particularly through mastering exploration techniques ; and
(c) improve methods of pricing and marketing raw materials.
Article 90 [B9.56]:
In order to promote cooperation in the area of natural resources and energy, Member States shall :
(a) exchange information on the prospect ion, mapping, production and processing of mineral resources, as well as on the prospection, exploitation and distribution of water resources ;
(b) coordinate their programmes for development and utilization of mineral and water resources ;
(c) promote vertical and horizontal inter-industrial relationships which may be established among Member States in the course of developing such resources ;
(d) coordinate their positions in all international negotiations on raw materials ;
(e) develop a system of transfer of know-how and exchange of scientific, technical and economic data in remote sensing among Member States ; and
(f) prepare and implement joint training and further training programmes for cadres in order to develop the human resources and the appropriate local technological capacities required for the exploration, exploitation and processing of mineral and water resources.
Article 91 [B9.57]:
Protocol on Energy and Natural Resources
For the purposes of Articles 88[B9.54], 89[B9.55] and 90[B9.56] of this Constitution, Member States shall cooperate in accordance with the provisions of the Protocol on Energy and Natural Resources.
1. Member States shall promote a healthy environment. To this end, they shall adopt national, regional and continental policies, strategies and programmes and establish appropriate institutions for the protection and enhancement of the environment.
2. For purposes of paragraph 1 of this Article, Member States shall take the necessary measures to accelerate the reform and innovation process leading to ecologically rational, economically sound and socially acceptable development policies and programmes.
Control of Hazardous Wastes
We commit our Member States, individually and collectively, to take every appropriate step to ban the importation and dumping of hazardous wastes in their respective territories. They further undertake to cooperate in the transboundary movement, management and processing of such wastes produced in Africa.
Protocol on the Environment
For the purposes of Articles 92[B9.58]and 93[B9.59]of this Constitution, Member States shall cooperate in accordance with the provisions of the Protocol on the Environment.
Transport, Communications and Tourism
Transport and Communications
1. In order to achieve a harmonious and integrated development of the continental transport and communications network, Member States shall :
(a) promote the integration of transport and communications infrastructure ;
(b) coordinate the various modes of transport in order to increase their efficiency ;
(c) harmonize progressively their rules and regulations relating to transport and communications ;
(d) encourage the use of local material and human resources, standardization of networks and equipment, research and the popularization of infrastructural construction techniques as well as adapted equipment and materials ;
(e) expand, modernize and maintain transport and communications infrastructures by means of mobilizing the necessary technological and financial resources ;
(f) promote the creation of regional industries for the production of transport and communications equipment ; and
(g) organize, structure and promote, at regional and continental levels, passenger and goods transport services.
2. To this end, Member States shall :
(a) draw up coordinated programmes to restructure the road transport sector for the purpose of establishing inter-state links and the construction of major transcontinental trunk roads ;
(b) prepare plans to improve, re-organize and standardize the various rail networks of Member States with a view to their inter-connection and construct new railways as part of a Pan-African network ;
(c) harmonize :
(i) their policies on maritime, inter-State lake and river transport ;
(ii) their air transport policies ;
(iii) their programmes on the training and further training of specialized cadres in transport and communications ;
(d) modernize and standardize their transport and communications equipment in order to permit Member States to be linked with one another and with the outside world ;
(e) promote proper integration of air transport in Africa and coordinate flight schedules ; and
(f) coordinate and harmonize their transport policies at regional and continental levels in order to eliminate non-physical barriers that hamper the free movement of goods, services and persons.
Community Enterprises in the Field of Transport
1. Member States shall encourage the establishment of Community and African multinational enterprises in the fields of maritime, rail, road, inland water-ways and air transport.
2. The expression " Community and multinational enterprise " and the legal status thereof shall be as defined in the relevant Protocol.
Posts and Telecommunications
1. In the field of Posts, Member States shall :
(a) establish a Pan-African Postal Network ;
(b) adopt a policy of rationalization and maximization of conveyance of mail ;
(c) ensure that the Post has a legal status, an efficient management system and the resources necessary for providing reliable services to meet customer demands ; and
(d) create customer-oriented and competitive services.
2. In the field of Telecommunications, Member States shall :
(a) develop, modernize, coordinate and standardize their national telecommunications networks in order to provide reliable inter-connection among Member States ;
(b) establish a Pan-African Telecommunications Network and ensure its utilization and maintenance ;
(c) establish a Pan-African system of communications by satellite in order to improve telecommunications, particularly in rural areas.
3. Member States further undertake to provide efficient and regular Post and Telecommunication services within the Union, and to develop close collaboration among Post and Telecommunications administrations.
4. In order to attain the objectives set out in this Article, Member States shall also encourage the establishment of private companies for post and telecommunications services.
Newspaper, Broadcasting, Satellites and Internet
1. Member States shall :
(a) [N]encourage liberalization and development of newspapers;
(b) coordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral, regional and continental levels ;
(c) encourage the establishment of programme exchange centres at regional and continental levels. In this connection, Member States shall strengthen the activities and operations of existing programme exchange centres ; and
(d) use their broadcasting and television systems in order to further close cooperation and better understanding among their peoples and, in particular, to promote the objectives of the Union.
(e) [N]cooperate in the promotion of communication means by satellite and Internet.
2. Member States further undertake to collect, disseminate and exchange meteorological information at the continental level, particularly with regard to the development of early warning systems for the prevention of natural disasters and for ensuring safety in aerial, coastal and inland navigation.
Article 99 [B10. 65]:
Tourism and Information
1. For the purpose of ensuring the harmonious and profitable development of tourism in Africa, Member States shall :
(a) strengthen intra-African cooperation in tourism and information, particularly through :
(i) the promotion of intra-African tourism ;
(ii) the harmonization and coordination of tourism development policies, plans and programmes ; and
(iii) joint promotion of tourism products representing Africa's natural and socio-cultural values.
(iv) [N] promotion of a liberal information system
(b) promote the establishment of efficient tourism enterprises adapted to the needs of the African people and attractive to foreign tourists, through :
(i) the adoption of measures designed to promote investment in tourism with a view to the establishment of competitive African tourist enterprises ;
(ii) adoption of measures designed to develop and utilize human resources for tourism in Africa ; and
(iii) strengthening or establishment of high-level tourism training institutions where necessary.
2. Member States shall adopt all requisite measures for the development of African tourism that take due account of the human and natural environment and the well-being of the African peoples and which contribute effectively to the implementation of the continent's political and socio-economic integration and development.
Article 100 [B10.66]: Protocol on Transport, Communication and Tourism
For the purposes of this Chapter, Member States undertake to cooperate in accordance with the provisions of the Protocol on Transport, Communications and tourism.
Standardization and Measurement Systems
Article 101 [B11.67]:
Common Policy on Standardization and Measurement Systems
1. Member States shall :
(a) adopt a common policy on standardization and quality assurance of goods and services among Member States ;
(b) undertake such other related activities in standardization and measurement systems that are likely to promote trade, economic development and integration within the Union ; and
(c) strengthen African national, regional and continental organizations operating in this field.
2. For the purposes of this chapter, Member States shall cooperate in accordance with the provisions of the Protocol concerning Standardization, Quality Assurance and Measurement Systems.
CHAPTER 23 [B12]:
Education, Training and Culture
Education and Training
1. Member States shall strengthen cooperation among themselves in the field of education and training and coordinate and harmonize their policies in the field for the purpose of training persons capable of fostering the changes necessary for enhancing social progress and the development of the Continent.
2. For the purposes of paragraph 1 of this Article, Member States shall :
(a) improve the efficiency of existing educational systems by promoting the training of trainers and using appropriate methods and aids ;
(b) cooperate in the strengthening of existing regional and continental training institutions and where necessary, establish new institutions, preferably through the strengthening of appropriate existing national and regional institutions ;
(c) prepare, coordinate and harmonize joint training programmes with a view to adapting them to development needs thereby ensuring progressively self-sufficiency in skilled personnel ;
(d) promote the systematic exchange of experience and information on education policy and planning ;
(e) take appropriate measures to stop the brain-drain from the Union and encourage the return of qualified professionals and skilled manpower to their countries of origin.
(f) [N] take appropriate measures in favour of the development and use of African languages in formal, non-formal and informal education systems.
(g) [N] promote an education for African integration and unity
Member States shall :
(a) pursue the objectives of the Cultural Charter for Africa ;
(b) promote and propagate endogenous African cultural values ; by using African languages in the maximum.
(c) make every effort to preserve and recover their cultural heritage of the Union ;
(d) ensure that development policies adequately reflect the socio-cultural values of the Union in order to consolidate its cultural identity ;
(e) exchange their cultural programmes and their experiences, particularly, in art, literature, entertainment, sports and leisure activities ; and
(f) promote and develop sports programmes and activities at all levels as factors of integration.
Protocol on Education, Professional Training and Culture
For the purposes of this Chapter, Member States shall cooperate in accordance with the provisions of the Protocol on Education, Professional Training and Culture.
Chapter 24 [B13]:
Human resources, Social Affairs, Health and Population
1. Member States shall cooperate with a view to developing, planning and utilizing their human resources.
2. To this end, they shall :
(a) adopt and promote a common policy on planning, programming, professional training and harmonize their employment and income policies ;
(b) coordinate their policies and activities in the fields of training, planning and career guidance and counseling ;
(c) improve their information and recruitment services in order to facilitate, in particular, the search for, and recruitment of African experts :
(d) encourage consultancy agencies to promote the use of African experts and the development of local consultancy services ; and
(e) adopt employment policies that shall allow the free movement of persons within the Union by strengthening and establishing labour exchanges aimed at facilitating the employment of available skilled manpower of one Member State in other Member States where there are shortages of skilled manpower.
(f) [N] take appropriate measures to favour the return to Africa of the intellectuals trained out of the continent.
1. Member States shall ensure the full participation and rational utilization of their human resources in their development efforts with a view to eliminating other social scourges plaguing the continent.
2. To this end,they shall :
(a) encourage the exchange of experiences and information on literacy, vocational training and employment ;
(b) harmonize gradually their labour and social security legislations with a view to eliminating poverty and promoting balanced socio-economic development within the Union,
(c) take necessary measures for the survival and development of the child and the protection of the child against abuse, neglect and exploitation ;
(d) provide disabled persons with adequate training likely to facilitate their social integration and enable them contribute to the attainment of the objectives of the Union ;
(e) create conditions conducive to the training of young school leavers, and other youths, in order to enable them to be gainfully employed ;
(f) adopt, coordinate and harmonize their policies with a view to ensuring a decent life for the aged ; and
(g) harmonize their efforts to put an end to the illegal production, trafficking and use of narcotic drugs and psycho-tropic substances and formulate sensitization and rehabilitation programmes in this field.
1. Member States shall promote and increase cooperation among themselves in the field of health, particularly the fight against endemic and pandemic diseases.
2. To this end, they shall cooperate in developing primary health care, promoting medical research, particularly in the field of African traditional medicine and pharmacopoeia.
Population and Development
1. Member States shall adopt, individually and collectively, national population policies and mechanisms and take all necessary measures in order to ensure a balance between population growth and socio-economic development
2. To this end, Member States shall :
(a) include population issues as central elements for formulating and implementing national policies and programmes for accelerated and balanced socio-economic development ;
(b) formulate national population policies and establish national population institutions ;
(c) undertake public sensitization on population matters, particularly, among the target groups ; and
(d) collect, analyze and exchange information and data on population issues.
Women and Development
1. Member States agree to formulate, harmonize, coordinate and establish appropriate policies and mechanisms for the full development of the African woman through the improvement of her economic, social and cultural conditions.
2. To this end, Member States shall take all measures necessary to ensure greater integration of women in development activities within the Union.
Protocols on Human Resources, Social Affairs, Health and Population
For the purposes of this Chapter, Member States shall cooperate in accordance with the provisions of the Protocols on Human Resources, Social Affairs, Health and Population.
Cooperation in other fields
Harmonization of policies in other fields
Subject to the provisions of this Constitution, Member States agree to concert with one another, through appropriate Union's organs, for the purpose of harmonizing their respective policies in other fields for the efficient functioning and development of the Union and for the implementation of the provisions of this Constitution.
Special Provisions in Respect of Certain Countries
Special Provisions in Respect of Botswana, Lesotho, Namibia and Swaziland
1. Member States, recognizing the exceptional situation of Botswana, Lesotho, Namibia and Swaziland within the Union and their membership in the Southern Africa Development Community, agree to grant them temporary exemption from the full application of certain provisions of this Constitution.
2. For this purpose, Member States shall adopt a Protocol on the Exceptional Situation of Botswana, Lesotho, Namibia and Swaziland.
Special Provisions in Respect of the Least Developed, Landlocked, Semi-Landlocked and Island Countries
1. Member States, taking into consideration the special economic and social difficulties that may arise in certain Member States and especially the least developed, land-locked, semi-land-locked and island countries, shall grant them, where appropriate, special treatment with respect to the application of certain provisions of this Constitution, and shall accord them any other assistance that they may need.
2. The special treatment and assistance referred to in Paragraph 1 of this Article may consist, inter alia, of :
(a) temporary exemptions from the full application of certain provisions of this Constitution ; and
(b) assistance from the Fund.
3. For purposes of this Chapter, Member States shall adopt a protocol on the situation of the least developed, land-locked, semi-land-locked and island countries.
Solidarity, Development and Compensation Fund
A Solidarity, Development and Compensation Fund of the Union is hereby established.
Article 115 [B16.81]:
Objectives and Statutes of the Fund
1. The Statutes of the Fund shall be established by the Assembly in agreement with the Parliament in a Protocol relating thereto.
2. The Statutes shall determine, inter alia, the objectives, the authorized capital stock, resources of the Fund, contributions of Member States, the currencies in which contributions shall be paid, the functioning, organization and management of the Fund and any other related matters.
Regular Budget of the Union
1. The annual regular budget of the Union shall be prepared by the Executive Secretary and approved by the Panafrican Parliament and the Assembly upon the recommendation of the Council.
2. The budget shall be funded by contributions made by Member States in accordance with the scale of assessment of the OAU. Upon the recommendation of the Council, the Assembly in agreement with the Parliament shall determine the conditions under which the financial contributions of Member States may be supplemented or, where necessary, replaced by the proper resources of the Union.
3. The Pan-African Parliament shall state a progressive fiscal policy, and eventually total of the budget of the Union.
Special budgets shall be made available, where necessary, to meet the extra-budgetary expenditure of the Union. The Assembly shall determine the contributions of Member States to special budgets of the Union.
Sanctions Relating to Non-Payment of Contributions
1. Upon the conjoined decision of the Assembly and the Parliament, any Member State of the Union having arrears in the payment of its contribution to the budget of the Union, shall not have the right to vote or participate in taking decisions of the Union if the amount of its arrears is equal to, or is in excess of the contribution payable by such State for the last preceding two financial years. Such Member States shall cease to enjoy other benefits arising by virtue of this Constitution as well as the right to address meetings. In addition, it shall lose the right to present candidates for vacant posts within the Union and shall not be eligible for office in the deliberative organs of the Union. The Assembly and the Parliament may, where necessary, impose other sanctions on a Member State for non-payment of contributions.
2. Notwithstanding the provisions of paragraph 1 of this Article, the Assembly and the Parliament may suspend the application of the provisions of the said paragraph if it is satisfied, on the basis of a satisfactory explanatory report by the Member State through the Executive Secretary, that the non-payment of contributions is due to causes and circumstances beyond the control of the said Member State.
3. The Assembly and the Parliament shall decide on the modalities for the application of this Article.
Financial Rules and Regulations
The Financial Rules and Regulations of the OAU become those of the Union and shall govern the application of the provisions of this Chapter.
Board of External Auditors
The selection procedure, terms of appointment, and duties and responsibilities of the Board of External Auditors shall be defined in the financial rule and regulations.
Settlement of Disputes
Procedure for the Settlement of Disputes
1. Any dispute regarding the interpretation or the application of the provisions of this Constitution shall be amicably settled through direct agreement by the parties to the dispute. If the parties concerned fail to settle such dispute, either party may, within a period of twelve (12) months, refer the matter to the Panafrican Court of Justice.
2. The decisions of the Panafrican Court of Justice shall be final and shall not be subject to appeal.
Chapter 30 [B19]:
Relations between the Union and Regional Economic Communities, Regional Continental Organizations, African Non-Governmental Organizations and other Socio-Economic Organizations and Associations
Relations between the Union and Regional Economic Communities
1.The African Economic Community shall be established mainly through the coordination, harmonization and progressive integration of the activities of regional economic communities.
2. Member States shall promote the coordination and harmonization of the integration activities of regional economic communities of which they are members with the activities of the Community, it being understood that the establishment of the latter is the final objective towards which the activities of existing and future regional economic communities shall be geared.
3. To this end, the Union shall be entrusted with the coordination, harmonization and evaluation of the activities of existing and future regional economic communities.
4. Member States shall, through their respective regional economic communities, coordinate and harmonize the activities of their sub-regional organization, with a view to rationalizing the integration process at the level of each region.
5. [N]The African Economic Community is an integral part of the United States of Africa, in other words, the Union.
Relations between the Union and African Continental Organizations
The Union shall closely cooperate with African continental organizations including, in particular, the African Development bank and African Centre for Monetary Studies in order to ensure the attainment of regional and continental integration objectives. It may conclude cooperation agreements with these Organizations.
Relations between the Union and African Non-Governmental Organizations
1. The Union, in the context of mobilizing the human and material resources of Africa, shall establish relations of cooperation with African Non-Governmental Organizations, with a view to encouraging the involvement of the African peoples in the process of economic integration and mobilizing their technical, material and financial support.
2. To this end, the Union shall set up a Mechanism for consultation with such Non-Governmental Organizations.
Relation between the Union and Socio-Economic Organizations and Associations
1. The Union, in the context of mobilizing the various actors of socio-economic life, shall establish relations of cooperation with socio-economic organizations and associations including mainly, producers, transport operators, workers, employers, youth, women artisans and other professional organizations and associations with a view to ensuring their involvement in the integration process of Africa.
2. To this end, the Union shall set up a mechanism for consultation with such socio-economic organizations and associations.
Relations between the Union, third States and International Organizations
1. The Union may conclude cooperation agreements with third States.
2. In the pursuit of its objectives, the Union shall ensure the establishment of relations of cooperation with the United Nations System, particularly, the United Nations Economic Commission for Africa, specialized agencies of the United Nations and any other international organization.
3. Cooperation Agreements to be concluded pursuant to the provisions of Paragraphs 1 and 2 of this Article shall be submitted to the Panafrican Parliament and the Assembly for approval upon the recommendation of the Council.
Chapter 32 [B21]:
Relations between Member States, Third States, Regional and Sub-Regional Organizations and International Organizations
Agreements concluded by Member States
1. Member States may conclude economic, technical or cultural agreements with one or several Member States, and with Third State, regional and sub-regional organizations or any other international organization, provided that such agreements are not incompatible with the provisions of this Constitution. They shall transmit such agreements to the Executive Secretary who shall inform the Council and the Parliament thereof.
2. In the event of incompatibility of agreements concluded, prior to the entry into force of this Constitution among Member States or between the Member States and Third States, sub-regional or regional organizations or any other international organization, with the provisions of this Constitution, the Member State or Member States concerned shall take the appropriate steps to eliminate such incompatibility. To this end, Member States shall, where necessary, assist each other and adopt a common position.
1. Member States shall formulate and adopt common positions within the Union on issues relating to international negotiations in order to promote and safeguard the interests of Africa.
2. To this end, the Union shall prepare studies and reports designed to help Member States to better harmonize their position on the said issues.
Article 129 [B21.95]:
Protocols on Chapters 30[B19], 31[B20] and 32[B21]
Member States hereby agree to conclude the Protocols relating to Chapters 30[B19], 31[B20] and 32[B21] of this Constitution.
Chapter 33 [B22]:
Headquarters, Flag and Anthem of the Union
1.The Headquarters of the Union shall be one and the same as that of the OAU.
2. [N] The Flag of OAU shall be one of the Union trooping in its middle a great star made up of gold stars as many as Members States.
3. [N]The Anthem of OAU shall be that of the Union.
The working languages of the Union shall be: English, Arabic, French, Fulfulde, Kishwahili, Portuguese, and any other language that shall be retained by the Panafrican Parliament.
1. [N]Any inheritance of the OAU shall be one of the Union.
2. In his capacity as the legal representative of the Union the Executive Secretary may, on behalf of the Union:
(a) enter into contracts ; and
(b) be a party to judicial and other legal proceedings.
3. Subject to prior approval of the Parliament and the Council, the Executive Secretary may, on behalf of the Union :
(a) acquire and dispose movable and immovable property ;
(b) borrow ; and
(c) accept donations, bequests and gifts.
The Constitution and the Protocols
The Protocols shall form an integral part of the Constitution.
Signature and Ratification
After the Panafrican Referendum relating to this Constitution, this as well as the Protocols, shall be signed and ratified by the Member States in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited with the Executive Secretary of the OAU or to this end the Executive Secretary.
Entry into force
1. [N]This Constitution has already entered into force as far as the parts of its contents from the OAU Charter, the Abuja Treaty establishing the African Economic Community, and the Cairo Declaration establishing the Mechanism for Conflict Prevention, Management and Resolution are concerned.
2. [N]After the constitutive Referendums of the Union, additional provisions shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States.
3. [N] All the rules of OAU which are not in opposition to this Constitution are still in force.
Accession and Admission
1. Any Member State of the OAU may notify the Secretary-General of the OAU or to the end the Executive Secretary of his intention to accede to this Constitution.
2. The Executive Secretary or Executive shall, upon receipt of such notification, transmit copies thereof to all Member States. Admission shall be decided by a simple majority of Member States which shall transmit their votes to the Secretary-General or Executive. Upon receipt of the required number of votes, the Secretary-General or Executive shall transmit the decision of admission to the concerned Member State.
Amendment and Revision of the Treaty
1. Any Member State may submit proposals for the amendment or revision of this Constitution.
2. Proposals for amendment or revision shall be submitted to the Executive Secretary who shall transmit them to Member States within thirty (30) days of receipt thereof at the Headquarters of the Union.
3. The Parliament and the Assembly, upon the advice of the Council, shall examine these proposals at its next meeting within a period of one year, following notification of Member States in accordance with the provisions of paragraph 2 of this Article.
4. Amendments, or revisions shall be adopted by the Parliament and the Assembly by consensus or, failing that, by a two-thirds majority and submitted for ratification by all Member States in accordance with their respective constitutional procedures. They shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States with the Secretary-General of the OAU.
Article 138 [B22.104]:
1. Any Member State wishing to withdraw from the Union shall notify by giving one-year notice in writing, to the Executive Secretary who shall inform Member States thereof. Upon the expiration of such a period, that Member State shall, if the notice is not withdrawn, cease to be a Member of the Union.
2. During the period of one year referred to in paragraph 1 of this Article, any Member state wishing to withdraw from the Union shall comply with the provisions of this Constitution and shall be bound to discharge its obligations under this Constitution up to the date of its withdrawal.
The dissolution of the United States of Africa shall only be decided by a Panafrican Referendum. The Assembly, the Panafrican Parliament and the Panafrican Court of Justice determine the terms and conditions for sharing of the latter's assets and liabilities.
Depository of the Constitution
1. This Constitution, drawn up in four (4) original texts in the Arabic, English, French and Portuguese languages, all four (4) texts being equally authentic, shall be deposited with the Secretary-General of the OAU who will transmit a certified true copy thereof to the Government of each signatory State.
2. The Secretary-General shall notify Member States of the dates of deposit of the instruments of ratification or accession and shall upon the entry into force of this Constitution, register the same with the Secretariat of the United Nations.
IN WITNESS WHEREOF, WE, African People have signed this Constitution, by Referendum on……………..(Date)……….(Month)………….(Year).