We, Heads of State and Government of the Member States
of the Organization of African Unity (OAU):
1. The President of the People's Democratic
Republic of Algeria
2. The President of the Republic of Angola
3. The President of the Republic of Benin
4. The President of the Republic of Botswana
5. The President of Burkina Faso
6. The President of the Republic of Burundi
7. The President of the Republic of Cameroon
8. The President of the Republic of Cape
Verde
9. The President of the Central African
Republic
10. The President of the Republic of Chad
11. The President of the Islamic Federal
Republic of the Comoros
12. The President of the Republic of the
Congo
13. The President of the Republic of Côte
d'Ivoire
14. The President of the Democratic Republic
of Congo
15. The President of the Republic of Djibouti
16. The President of the Arab Republic of
Egypt
17. The President of the State of Eritrea
18. The Prime Minister of the Federal Democratic
Republic of Ethiopia
19. The President of the Republic of Equatorial
Guinea
20. The President of the Gabonese Republic
21. The President of the Republic of The
Gambia
22. The President of the Republic of Ghana
23. The President of the Republic of Guinea
24. The President of the Republic of Guinea
Bissau
25. The President of the Republic of Kenya
26. The Prime Minister of Lesotho
27. The President of the Republic of Liberia
28. The Leader of the 1st of September Revolution
of the Great Socialist People's Libyan Arab Jamahiriya
29. The President of the Republic of Madagascar
30. The President of the Republic of Malawi
31. The President of the Republic of Mali
32. The President of the Islamic Republic
of Mauritania
33. The Prime Minister of the Republic of
Mauritius
34. The President of the Republic of Mozambique
35. The President of the Republic of Namibia
36. The President of the Republic of Niger
37. The President of the Federal Republic
of Nigeria
38. The President of the Republic of Rwanda
39. The President of the Sahrawi Arab Democratic
Republic
40. The President of the Republic of Sao
Tome and Principe
41. The President of the Republic of Senegal
42. The President of the Republic of Seychelles
43. The President of the Republic of Sierra
Leone
44. The President of the Republic of Somalia
45. The President of the Republic of South
Africa
46. The President of the Republic of Sudan
47. The King of Swaziland
48. The President of the United Republic
of Tanzania
49. The President of the Togolese Republic
50. The President of the Republic of Tunisia
51. The President of the Republic of Uganda
52. The President of the Republic of Zambia
53. The President of the Republic of Zimbabwe
INSPIRED by the noble ideals which guided
the founding fathers of our Continental Organization
and generations of Pan-Africanists in their determination
to promote unity, solidarity, cohesion and cooperation
among the peoples of Africa and African States;
CONSIDERING the principles and objectives
stated in the Charter of the Organization of African
Unity and the Treaty establishing the African Economic
Community;
RECALLING the heroic struggles waged by our
peoples and our countries for political independence,
human dignity and economic emancipation;
CONSIDERING that since its inception, the
Organization of African Unity has played a determining
and invaluable role in the liberation of the continent,
the affirmation of a common identity and the process
of attainment of the unity of our continent and has
provided a unique framework for our collective action
in Africa and in our relations with the rest of the
world.
DETERMINED to take up the multifaceted challenges
that confront our continent and peoples in the light
of the social, economic and political changes taking
place in the world;
CONVINCED of the need to accelerate the process
of implementing the Treaty establishing the African
Economic Community in order to promote the socio-economic
development of Africa and to face more effectively
the challenges posed by globalization;
GUIDED by our common vision of a united and
strong Africa and by the need to build a partnership
between governments and all segments of civil society,
in particular women, youth and the private sector,
in order to strengthen solidarity and cohesion among
our peoples;
CONSCIOUS of the fact that the scourge of
conflicts in Africa constitutes a major impediment
to the socio-economic development of the continent
and of the need to promote peace, security and stability
as a prerequisite for the implementation of our development
and integration agenda;
DETERMINED to promote and protect human and
peoples' rights, consolidate democratic institutions
and culture, and to ensure good governance and the
rule of law;
FURTHER DETERMINED to take all necessary measures
to strengthen our common institutions and provide
them with the necessary powers and resources to enable
them discharge their respective mandates effectively;
RECALLING the Declaration which we adopted
at the Fourth Extraordinary Session of our Assembly
in Sirte, the Great Socialist People's Libyan Arab
Jamahiriya, on 9.9. 99, in which we decided to establish
an African Union, in conformity with the ultimate
objectives of the Charter of our Continental Organization
and the Treaty establishing the African Economic Community;
HAVE AGREED AS FOLLOWS:
Article 1
Definitions
In this Constitutive Act:
"Act" means the present Constitutive
Act;
"AEC" means the African Economic Community;
"Assembly" means the Assembly of Heads
of State and Government of the Union;
"Charter" means the Charter of the OAU;
"Commission" means the Secretariat of
the Union;
"Committee" means a Specialized Technical
Committee of the Union;
"Council" means the Economic, Social
and Cultural Council of the Union;
"Court " means the Court of Justice
of the Union;
"Executive Council" means the Executive
Council of Ministers of the Union;
"Member State" means a Member State of the
Union;
"OAU" means the Organization of African
Unity;
"Parliament" means the Pan-African Parliament
of the Union;
"Union" means the African Union established
by the present Constitutive Act.
Article 2
Establishment
The African Union is hereby established in accordance
with the provisions of this Act.
Article 3
Objectives
The objectives of the Union shall be to:
(a) achieve greater unity and solidarity between
the African countries and the peoples of Africa;
(b) defend the sovereignty, territorial integrity
and independence of its Member States;
(c) accelerate the political and socio-economic
integration of the continent;
(d) promote and defend African common positions
on issues of interest to the continent and its peoples;
(e) encourage international cooperation, taking
due account of the Charter of the United Nations and
the Universal Declaration of Human Rights;
(f) promote peace, security, and stability
on the continent;
(g) promote democratic principles and institutions,
popular participation and good governance;
(h) promote and protect human and peoples'
rights in accordance with the African Charter on Human
and Peoples' Rights and other relevant human rights
instruments;
(i) establish the necessary conditions which
enable the continent to play its rightful role in
the global economy and in international negotiations;
(j) promote sustainable development at the
economic, social and cultural levels as well as the
integration of African economies;
(k) promote co-operation in all fields of human
activity to raise the living standards of African
peoples;
(l) coordinate and harmonize the policies between
the existing and future Regional Economic Communities
for the gradual attainment of the objectives of the
Union;
(m) advance the development of the continent
by promoting research in all fields, in particular
in science and technology;
(n) work with relevant international partners
in the eradication of preventable diseases and the
promotion of good health on the continent.
Article 4
Principles
The Union shall function in accordance with the following
principles:
(a) sovereign equality and interdependence
among Member States of the Union;
(b) respect of borders existing on achievement
of independence;
(c) participation of the African peoples in
the activities of the Union;
(d) establishment of a common defence policy
for the African Continent;
(e) peaceful resolution of conflicts among
Member States of the Union through such appropriate
means as may be decided upon by the Assembly;
(f) prohibition of the use of force or threat
to use force among Member States of the Union;
(g) non-interference by any Member State in
the internal affairs of another;
(h) the right of the Union to intervene in
a Member State pursuant to a decision of the Assembly
in respect of grave circumstances, namely: war crimes,
genocide and crimes against humanity;
(i) peaceful co-existence of Member States
and their right to live in peace and security;
(j) the right of Member States to request intervention
from the Union in order to restore peace and security;
(k) promotion of self-reliance within the framework
of the Union;
(l) promotion of gender equality;
(m) respect for democratic principles, human
rights, the rule of law and good governance;
(n) promotion of social justice to ensure balanced
economic development;
(o) respect for the sanctity of human life,
condemnation and rejection of impunity and political
assassination, acts of terrorism and subversive activities;
(p) condemnation and rejection of unconstitutional
changes of governments.
Article 5
Organs of the Union
1. The organs of the Union shall be:
(a) The Assembly of the Union;
(b) The Executive Council;
(c) The Pan-African Parliament;
(d) The Court of Justice;
(e) The Commission;
(f) The Permanent Representatives Committee;
(g) The Specialized Technical Committees;
(h) The Economic, Social and Cultural Council;
(i) The Financial Institutions;
2. Other organs that the Assembly may decide to
establish.
Article 6
The Assembly
1. The Assembly shall be composed of Heads
of States and Government or their duly accredited
representatives.
2. The Assembly shall be the supreme organ
of the Union.
3. The Assembly shall meet at least once a
year in ordinary session. At the request of any Member
State and on approval by a two-thirds majority of
the Member States, the Assembly shall meet in extraordinary
session.
4. The Office of the Chairman of the Assembly
shall be held for a period of one year by a Head of
State or Government elected after consultations among
the Member States.
Article 7
Decisions of the Assembly
1. The Assembly shall take its decisions by
consensus or, failing which, by a two-thirds majority
of the Member States of the Union. However, procedural
matters, including the question of whether a matter
is one of procedure or not, shall be decided by a
simple majority.
2. Two-thirds of the total membership of the
Union shall form a quorum at any meeting of the Assembly.
Article 8
Rules of Procedure of the Assembly
The Assembly shall adopt its own Rules of Procedure.
Article 9
Powers and Functions of the Assembly
1. The functions of the Assembly shall be to:
(a) determine the common policies of the Union;
(b) receive, consider and take decisions on
reports and recommendations from the other organs
of the Union;
(c) consider requests for Membership of the
Union;
(d) establish any organ of the Union;
(e) monitor the implementation of policies
and decisions of the Union as well ensure compliance
by all Member States;
(f) adopt the budget of the Union;
(g) give directives to the Executive Council
on the management of conflicts, war and other emergency
situations and the restoration of peace;
(h) appoint and terminate the appointment of
the judges of the Court of Justice;
(i) appoint the Chairman of the Commission
and his or her deputy or deputies and Commissioners
of the Commission and determine their functions and
terms of office.
2. The Assembly may delegate any of its powers
and functions to any organ of the Union.
Article 10
The Executive Council
1. The Executive Council shall be composed
of the Ministers of Foreign Affairs or such other
Ministers or Authorities as are designated by the
Governments of Member States.
2. The Executive Council shall meet at least
twice a year in ordinary session. It shall also meet
in an extra-ordinary session at the request of any
Member State and upon approval by two-thirds of all
Member States.
Article 11
Decisions of the Executive Council
1. The Executive Council shall take its decisions
by consensus or, failing which, by a two-thirds majority
of the Member States. However, procedural matters,
including the question of whether a matter is one
of procedure or not, shall be decided by a simple
majority.
2. Two-thirds of the total membership of the
Union shall form a quorum at any meeting of the Executive
Council.
Article 12
Rules of Procedure of the Executive Council
The Executive Council shall adopt its own Rules of
Procedure.
Article 13
Functions of the Executive Council
1. The Executive Council shall coordinate
and take decisions on policies in areas of common
interest to the Member States, including the following:
(a) foreign trade;
(b) energy, industry and mineral resources;
(c) food, agricultural and animal resources,
livestock production and forestry;
(d) water resources and irrigation;
(e) environmental protection, humanitarian
action and disaster response and relief;
(f) transport and communications;
(g) insurance;
(h) education, culture, health and human resources
development;
(i) science and technology;
(j) nationality, residency and immigration
matters;
(k) social security, including the formulation
of mother and child care policies, as well as policies
relating to the disabled and the handicapped;
(l) establishment of a system of African awards,
medals and prizes.
2. The Executive Council shall be responsible
to the Assembly. It shall consider issues referred
to it and monitor the implementation of policies formulated
by the Assembly.
3. The Executive Council may delegate any of
its powers and functions mentioned in paragraph 1
of this Article to the Specialized Technical Committees
established under Article 14 of this Act.
Article 14
The Specialized Technical Committees
Establishment and Composition
1. There is hereby established the following
Specialized Technical Committees, which shall be responsible
to the Executive Council:
(a) The Committee on Rural Economy and Agricultural
Matters;
(b) The Committee on Monetary and Financial
Affairs;
(c) The Committee on Trade, Customs and Immigration
Matters;
(d) The Committee on Industry, Science and
Technology, Energy, Natural Resources and Environment;
(e) The Committee on Transport, Communications
and Tourism;
(f) The Committee on Health, Labour and Social
Affairs; and
(g) The Committee on Education, Culture and
Human Resources.
2. The Assembly shall, whenever it deems appropriate,
restructure the existing Committees or establish other
Committees.
3. The Specialized Technical Committees shall
be composed of Ministers or senior officials responsible
for sectors falling within their respective areas
of competence.
Article 15
Functions of the Specialized Technical Committees
Each Committee shall within its field of competence:
(a) prepare projects and programmes of the
Union and submit it to the Executive Council;
(b) ensure the supervision, follow-up and the
evaluation of the implementation of decisions taken
by the organs of the Union;
(c) ensure the coordination and harmonization
of projects and programmes of the Union;
(d) submit to the Executive Council either
on its own initiative or at the request of the Executive
Council, reports and recommendations on the implementation
of the provisions of this Act; and
(e) carry out any other functions assigned
to it for the purpose of ensuring the implementation
of the provisions of this Act.
Article 16
Meetings
Subject to any directives given by the Executive
Council, each Committee shall meet as often as necessary
and shall prepare its Rules of Procedure and submit
them to the Executive Council for approval.
Article 17
The Pan-African Parliament
1. In order to ensure the full participation of African
peoples in the development and economic integration
of the continent, a Pan-African Parliament shall be
established.
2. The composition, powers, functions and organization
of the Pan-African Parliament shall be defined in
a protocol relating thereto.
Article 18
The Court of Justice
1. A Court of Justice of the Union shall be
established;
2. The statute, composition and functions
of the Court of Justice shall be defined in a protocol
relating thereto.
Article 19
The Financial Institutions
The Union shall have the following financial institutions
whose rules and regulations shall be defined in protocols
relating thereto:
(a) The African Central Bank;
(b) The African Monetary Fund;
(c) The African Investment Bank.
Article 20
The Commission
1. There shall be established a Commission
of the Union, which shall be the Secretariat of the
Union.
2. The Commission shall be composed of the
Chairman, his or her deputy or deputies and the Commissioners.
They shall be assisted by the necessary staff for
the smooth functioning of the Commission.
3. The structure, functions and regulations
of the Commission shall be determined by the Assembly.
Article 21
The Permanent Representatives Committee
1. There shall be established a Permanent
Representatives Committee. It shall be composed of
Permanent Representatives to the Union and other Plenipotentiaries
of Member States.
2. The Permanent Representatives Committee
shall be charged with the responsibility of preparing
the work of the Executive Council and acting on the
Executive Council's instructions. It may set up such
sub-committees or working groups as it may deem necessary.
Article 22
The Economic, Social and Cultural Council
1. The Economic, Social and Cultural Council
shall be an advisory organ composed of different social
and professional groups of the Member States of the
Union.
2. The functions, powers, composition and
organization of the Economic, Social and Cultural
Council shall be determined by the Assembly.
Article 23
Imposition of Sanctions
1. The Assembly shall determine the appropriate
sanctions to be imposed on any Member State that defaults
in the payment of its contributions to the budget
of the Union in the following manner: denial of the
right to speak at meetings, to vote, to present candidates
for any position or post within the Union or to benefit
from any activity or commitments, therefrom;
2. Furthermore, any Member State that fails
to comply with the decisions and policies of the Union
may be subjected to other sanctions, such as the denial
of transport and communications links with other Member
States, and other measures of a political and economic
nature to be determined by the Assembly.
Article 24
The Headquarters of the Union
1. The Headquarters of the Union shall be
in Addis Ababa in the Federal Democratic Republic
of Ethiopia.
2. There may be established such other offices
of the Union as the Assembly may, on the recommendation
of the Executive Council, determine.
Article 25
Working Languages
The working languages of the Union and all its institutions
shall be, if possible, African languages, Arabic,
English, French and Portuguese.
Article 26
Interpretation
The Court shall be seized with matters of interpretation
arising from the application or implementation of
this Act. Pending its establishment, such matters
shall be submitted to the Assembly of the Union, which
shall decide by a two-thirds majority.
Article 27
Signature, Ratification and Accession
1. This Act shall be open to signature, ratification
and accession by the Member States of the OAU in accordance
with their respective constitutional procedures.
2. The instruments of ratification shall be
deposited with the Secretary-General of the OAU.
3. Any Member State of the OAU acceding to
this Act after its entry into force shall deposit
the instrument of accession with the Chairman of the
Commission.
Article 28
Entry into Force
This Act shall enter into force thirty (30) days
after the deposit of the instruments of ratification
by two-thirds of the Member States of the OAU.
Article 29
Admission to Membership
1. Any African State may, at any time after
the entry into force of this Act, notify the Chairman
of the Commission of its intention to accede to this
Act and to be admitted as a member of the Union.
2. The Chairman of the Commission shall, upon
receipt of such notification, transmit copies thereof
to all Member States. Admission shall be decided by
a simple majority of the Member States. The decision
of each Member State shall be transmitted to the Chairman
of the Commission who shall, upon receipt of the required
number of votes, communicate the decision to the State
concerned.
Article 30
Suspension
Governments which shall come to power through unconstitutional
means shall not be allowed to participate in the activities
of the Union.
Article 31
Cessation of Membership
1. Any State which desires to renounce its
membership shall forward a written notification to
the Chairman of the Commission, who shall inform Member
States thereof. At the end of one year from the date
of such notification, if not withdrawn, the Act shall
cease to apply with respect to the renouncing State,
which shall thereby cease to belong to the Union.
2. During the period of one year referred
to in paragraph 1 of this Article, any Member State
wishing to withdraw from the Union shall comply with
the provisions of this Act and shall be bound to discharge
its obligations under this Act up to the date of its
withdrawal.
Article 32
Amendment and Revision
1. Any Member State may submit proposals for
the amendment or revision of this Act.
2. Proposals for amendment or revision shall
be submitted to the Chairman of the Commission who
shall transmit same to Member States within thirty
(30) days of receipt thereof.
3. The Assembly, upon the advice of the Executive
Council, shall examine these proposals within a period
of one year following notification of Member States,
in accordance with the provisions of paragraph 2 of
this Article;
4. Amendments or revisions shall be adopted
by the Assembly by consensus or, failing which, by
a two-thirds majority and submitted for ratification
by all Member States in accordance with their respective
constitutional procedures. They shall enter into force
thirty (30) days after the deposit of the instruments
of ratification with the Chairman of the Commission
by a two-thirds majority of the Member States.
Article 33
Transitional Arrangements and Final Provisions
1. This Act shall replace the Charter of the
Organization of African Unity. However, the Charter
shall remain operative for a transitional period of
one year or such further period as may be determined
by the Assembly, following the entry into force of
the Act, for the purpose of enabling the OAU/AEC to
undertake the necessary measures regarding the devolution
of its assets and liabilities to the Union and all
matters relating thereto.
2. The provisions of this Act shall take precedence
over and supersede any inconsistent or contrary provisions
of the Treaty establishing the African Economic Community.
3. Upon the entry into force of this Act,
all necessary measures shall be undertaken to implement
its provisions and to ensure the establishment of
the organs provided for under the Act in accordance
with any directives or decisions which may be adopted
in this regard by the Parties thereto within the transitional
period stipulated above.
4. Pending the establishment of the Commission,
the OAU General Secretariat shall be the interim Secretariat
of the Union.
5. This Act, drawn up in four (4) original
texts in the Arabic, English, French and Portuguese
languages, all four (4) being equally authentic, shall
be deposited with the Secretary-General of the OAU
and, after its entry into force, with the Chairman
of the Commission who shall transmit a certified true
copy of the Act to the Government of each signatory
State. The Secretary-General of the OAU and the Chairman
of the Commission shall notify all signatory States
of the dates of the deposit of the instruments of
ratification or accession and shall upon entry into
force of this Act register the same with the Secretariat
of the United Nations.
IN WITNESS WHEREOF, WE have adopted this Act.
Done at Lome, Togo, this 11th day of July,
2000.
CONSTITUTIVE ACT OF THE AFRICAN UNION
ADOPTED BY THE THIRTY-SIXTH ORDINARY SESSION OF THE
ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
11 JULY, 2000 - LOME, TOGO
1. People's Democratic Republic of Algeria
2. Republic of Angola
3. Republic of Benin
4. Republic of Botswana
5. Burkina Faso
6. Republic of Burundi
7. Republic of Cameroon
8. Republic of Cape Verde
9. Central African Republic
10. Republic of Chad
11. Islamic Federal Republic of the Comoros
12. Republic of the Congo
13. Republic of Côte d'Ivoire
14. Democratic Republic of Congo
15. Republic of Djibouti
16. Arab Republic of Egypt
17. State of Eritrea
18. Federal Democratic Republic of Ethiopia
19. Republic of Equatorial Guinea
20. Republic of Gabon
21. Republic of The Gambia
22. Republic of Ghana
23. Republic of Guinea
24. Republic of Guinea Bissau
25. Republic of Kenya
26. Kingdom of Lesotho
27. Republic of Liberia
28. Great Socialist People's Libyan Arab Jamahiriya
29. Republic of Madagascar
30. Republic of Malawi
31. Republic of Mali
32. Islamic Republic of Mauritania
33. Republic of Mauritius
34. Republic of Mozambique
35. Republic of Namibia
36. Republic of Niger
37. Federal Republic of Nigeria
38. Republic of Rwanda
39. Sahrawi Arab Democratic Republic
40. Republic of Sao Tome and Principe
41. Republic of Senegal
42. Republic of Seychelles
43. Republic of Sierra Leone
44. Republic of Somalia
45. Republic of South Africa
46. Republic of Sudan
47. Kingdom of Swaziland
48. United Republic of Tanzania
49. Republic of Togo
50. Republic of Tunisia
51. Republic of Uganda
52. Republic of Zambia
53. Republic of Zimbabwe
