Constitutive Act of the African
Union
We, Heads of State and Government of the Member
States of the Organization of African Unity (OAU):
The President of the People's Democratic Republic
of Algeria
The President of the Republic of Angola
The President of the Republic of Benin
The President of the Republic of Botswana
The President of Burkina Faso
The President of the Republic of Burundi
The President of the Republic of Cameroon
The President of the Republic of Cape Verde
The President of the Central African Republic
The President of the Republic of Chad
The President of the Islamic Federal Republic of
the Comoros
The President of the Republic of the Congo
The President of the Republic of Cote d'Ivoire
The President of the Democratic Republic of Congo
The President of the Republic of Djibouti
The President of the Arab Republic of Egypt
The President of the State of Eritrea
The Prime Minister of the Federal Democratic Republic
of Ethiopia
The President of the Republic of Equatorial Guinea
The President of the Gabonese Republic
The President of the Republic of The Gambia
The President of the Republic of Ghana
The President of the Republic of Guinea
The President of the Republic of Guinea Bissau
The President of the Republic of Kenya
The Prime Minister of Lesotho
The President of the Republic of Liberia
The Leader of the 1st of September Revolution of
the Great Socialist People's Libyan Arab Jamahiriya
The President of the Republic of Madagascar
The President of the Republic of Malawi
The President of the Republic of Mali
The President of the Islamic Republic of Mauritania
The Prime Minister of the Republic of Mauritius
The President of the Republic of Mozambique
The President of the Republic of Namibia
The President of the Republic of Niger
The President of the Federal Republic of Nigeria
The President of the Republic of Rwanda
The President of the Sahrawi Arab Democratic Republic
The President of the Republic of Sao Tome and Principe
The President of the Republic of Senegal
The President of the Republic of Seychelles
The President of the Republic of Sierra Leone
The President of the Republic of Somalia
The President of the Republic of South Africa
The President of the Republic of Sudan
The King of Swaziland
The President of the United Republic of Tanzania
The President of the Togolese Republic
The President of the Republic of Tunisia
The President of the Republic of Uganda
The President of the Republic of Zambia
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;
"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 counties 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 cooperation in all fields of human activity
to raise the living standards of African peoples;
l. Coordinate and harmonize policies between 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 as 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. 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 co-ordinate 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 in 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 provision 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 Lomé, Togo, this 11th day of July,
2000.
