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TREATY TO ESTABLISH THE AFRICAN UNION (RATIFICATION AND ENFORCEMENT) ACT
EXPLANATORY MEMORANDUM
An Act to enable effect to be given in the Federal Republic of Nigeria to the Treaty to establish the African Union; and for purposes connected therewith.
ARRANGEMENT OF SECTIONS
Schedule
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TREATY TO ESTABLISH THE AFRICAN UNION (RATIFICATION AND ENFORCEMENT) ACT
An Act to enable effect to be given in the Federal Republic of Nigeria to the Treaty to establish the African Union; and for purposes connected therewith.
[24th December, 2003] [Commencement.]
Whereas the Treaty establishing the African Union was signed by the Heads of Government of the Member States of the African Union on 26 April, 2003;
And Whereas Nigeria was a signatory to the said Treaty;
And Whereas the Government of the Federal Republic of Nigeria has in accordance with her Constitutional Process ratified the said Treaty;
And Whereas it is necessary and expedient to enact a law to enable effect to be given to the Treaty establishing the African Union in Nigeria.
The provisions of the Treaty to establish the African Union which are set out in the Schedule to this Act, shall subject as thereunder provided, have jurisdiction in Nigeria and shall be given full recognition and effect in Nigeria.
This Act may be cited as the Treaty to establish the African Union (Ratification and Enforcement) Act, 2003.
SCHEDULE
[Section 1.]
Table of Contents
Article 1: Interpretation
Article 2: Establishment
Article 3: Principles
Article 4: Objectives
Article 5: Common Policies
Article 6: Common Positions
Article 7: Membership
Article 8: Organs
Article 9: The Assembly of Heads of State and Government
Article 10: Functions and Powers of the Assembly of Heads of State and Government
Article 11: Meetings and Procedures of the Assembly of Heads of State and Government
Article 12: Decisions of the Assembly of Heads of State and Government
Article 13: The Council of Ministers
Article 14: Functions and Powers of the Council of Ministers
Article 15: Meetings and Procedures of the Council of Ministers
Article 16: Decisions/Regulations of the Council of Ministers
Article 17: The Economic and Social Commission
Article 18: The Pan-African Parliament
Article 19: The African Court of Justice
Article 20: The General Secretariat
Article 21: Functions and Powers of the General Secretariat
Article 22: Co-operation with other Organisations and Entities
Article 23: Consultations with the Civil Society
Article 24: Budget and Resources
Article 25 The Seat of the Union
Article 26: Working Languages of the Union
Article 27: Legal Capacity, Immunities and Privileges
Article 28: Interpretation
Article 29: Signature and Ratification
Article 30: Entry into Force
Article 31: Accession and Admission
Article 32: Withdrawal
Article 33: Depository of the Treaty
Article 34: Amendment, Review or Revision of the Treaty
TREATY TO ESTABLISH THE AFRICAN UNION
ARTICLE 1: Interpretation
“AEC” means the African Economic Community;
“Assembly” means the Assembly of Heads of State and Government of the Union as provided for in Articles 9 and 10 of this Treaty;
“Commission” means the Economic and Social Commission of the Union as provided for under Article 17 of this Treaty;
“Council” means the Council of Minister of the Union as provided for in Articles 13 and 14 of this Treaty;
“Court” means the Court of Justice as provided for in Article 19 of this Treaty;
“MemberState” or
“Member States” means a Member State of the Union;
“OAU” means the Organisation of African Unity;
“Parliament” means the Pan African Parliament of the Union as provided for in Article 18 of this Treaty;
“Protocol” means an instrument of implementation of the present Treaty having the same legal force as the latter;
“Secretariat” means the General Secretariat of the Union as provided for in Articles 19 and 20 of this Treaty;
“Secretary-General” means the Secretary-General of the Union;
“Treaty” means the present Treaty.
ARTICLE 2: Establishment
ARTICLE 3: Principles
(a) respect of the borders existing on the achievement of national independence;
(b) democratic principles including the respect of individual and collective freedoms, and the holding of free and fair elections;
(c) condemnation and rejection of unconstitutional changes of Governments;
(d) tolerance, mutual accommodation and respect of the rights of minorities;
(e) prevention and peaceful settlement of conflicts;
(f) observance of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights as well as other human rights instruments;
(g) promotion of justice, equity and solidarity in international relations;
(h) respect of international law;
(i) good governance and rejection of corruption gender equality.
ARTICLE 4: Objectives
(a) achieve greater unity and solidarity between African countries and peoples in conformity with the ultimate objectives of the OAU Charter and the AEC Treaty;
(b) achieve rapid political and socio-economic integration of the Continent through the speedy implementation of the AEC Treaty;
(c) promote democratic principles and institutions, popular participation and good governance;
(d) promote and protect human and peoples’ rights in accordance with the African Charter on human and peoples’ rights and other human rights instruments;
(e) promote peace, security and stability in the Continent and to put an end to the scourge of conflicts and their devastating consequences, in particular, through the OAU Mechanism for Conflict Prevention, Management and Resolution;
(f) promote and defend African common positions on issues of concern to the Continent and its peoples;
(g) promote and support fundamental research and development in the fields of science and technology, for the development of the continent;
(h) promote sustainable development, in particular, the protection of environment;
(i) create conducive conditions for the continent to play its rightful role in the global economy and in international negotiations;
(j) mobilise international support and solidarity towards Africa ; and
(k) address the scourge of pandemic on die continent.
ARTICLE 5: Common Policies
(a) peace, security and stability—
(i) defence and security;
(ii) prevention, management and resolution of conflicts;
(iii) humanitarian and human rights issues;
(b) socio-economic co-operation and integration.
(1) Member States shall accelerate the implementation of the AEC Treaty, in particular, through—
(i) shortening the implementation stages of the Abuja Treaty;
(ii) ensuring the speedy establishment of all the institutions provided for in the Abuja Treaty, such as the African Central Bank, the African Monetary Union, the African Court of Justice and, in particular, the Pan-African Parliament;
(iii) strengthening and consolidating the Regional Economic Communities as the pillars for achieving the objectives of the African Economic Community and realising the envisaged Union .
(2) Member States shall promote their co-operation in particular in the following fields—
(i) science, technology, health, research and development;
(ii) agriculture, industry, basic infrastructure, energy, natural resources and environment;
(iii) trade, money and finance;
(iv) human resources, education and culture;
(v) transport and communications.
ARTICLE 6: Common Positions
Member States shall adopt common positions on issues of concern to the Union and shall defend these positions in all for a and co-ordinate their action so as to ensure the effectiveness of the Union as a cohesive force in international relations.
ARTICLE 7: Membership
Membership of the Union shall be open to all Member States of the OAU.
ARTICLE 8: Organs
(a) the Assembly of Heads of State and Government;
(b) the Council of Ministers;
(c) the Economic and Social Commission;
(d) the Pan African Parliament;
(e) the African Court of Justice;
(f) the General Secretariat; and
(g) other Organs provided for in the OAU Charter and the AEC Treaty.
ARTICLE 9: The Assembly of Heads of State and Government
The Assembly shall be the Assembly of Heads of State and Government as provided for in the OAU Charter and the AEC Treaty.
ARTICLE 10: Functions and Powers of the Assembly of Heads of State and Government
other organs of the Union and may make decisions thereon.
ARTICLE 11: Meetings and Procedures of the Assembly of Heads of State and Government
ARTICLE 12: Decisions of the Assembly of Heads of State and Government
ARTICLE 13: The Council of Ministers
The Council shall be the Council of Ministers as provided for in the OAU Charter and the AEC Treaty.
ARTICLE 14: Functions and Powers of the Council of Ministers
ARTICLE 15: Meetings and Procedures of the Council of Ministers
ARTICLE 16: Decisions/Regulations of the Council of Ministers
ARTICLE 17: The Economic and Social Commission
The Commission shall be the Economic and Social Commission of the AEC as provided for in Articles 15 and 17 of the AEC Treaty.
ARTICLE 18: The Pan-African Parliament
The Parliament shall be the Pan-African Parliament of the AEC as provided for in Articles 7 and 14 of the AEC Treaty. The seat of the Pan-African Parliament shall be decided upon by the Assembly, taking into consideration the need for decentralization of the various institutions established under the Union within the continent.
ARTICLE 19:The African Court of Justice
The Court shall be the Court of Justice of the AEC as provided for in Articles 7 and 18 of the AEC Treaty. The seat of the African Court of Justice shall be decided upon by the Assembly, taking into consideration the need for decentralisation of the various institutions established under the Union within the continent.
ARTICLE 20: The General Secretariat
ARTICLE 21: Functions and Powers of the General Secretariat
The functions and powers of the Secretariat shall be as provided for under this Treaty, the OAU Charter and the AEC Treaty.
ARTICLE 22: Co-operation with other Organisations and Entities
In pursuance of its objectives and, in conformity with the relevant provisions of the OAU Charter and the AEC Treaty, the Union shall closely co-operate with the Regional Economic Communities, other African Governmental and Non-Governmental organisations as well as the United Nations and its various agencies, international organisations and other relevant entities.
ARTICLE 23: Consultations with the Civil Society
ARTICLE 24: Budget and Resources
ARTICLE 25: The Seat of the Union
The seat of the Union shall be the seat of the OAU.
ARTICLE 26: Working Languages of the Union
The working languages of the Union shall be the working languages of the OAU.
ARTICLE 27
Legal Capacity, Immunities and Privileges
ARTICLE 28: Interpretation
Any question which may arise concerning the interpretation of this Treaty shall be decided by the Court and until it is established, by a simple majority of the Assembly.
ARTICLE 29: Signature and Ratification
This Treaty and the Protocols, shall be open to signature and ratification and accession by the High Contracting Parties in accordance with their respective constitutional procedures. The instruments of ratification/accession shall be deposited with the Secretary-General of the Union.
ARTICLE 30: Entry into Force
This Treaty shall enter into force thirty (30) days after the deposit of the instrument of ratification by two-thirds of the Parties signatory to this Treaty.
ARTICLE 31: Accession and Admission
ARTICLE 32: Withdrawal
ARTICLE 33: Depository of the Treaty
ARTICLE 34: Amendment, Review or Revision of the Treaty
TREATY TO ESTABLISH THE AFRICAN UNION (RATIFICATION AND ENFORCEMENT) ACT
SUBSIDIARY LEGISLATION
No Subsidiary Legislation