Additional Protocol to the OAU
General Convention on Privileges and Immunities
The State Parties to the Present Protocol,
Convinced of the importance of granting adequate
Immunities and Privileges, as well as the issue
of the Organization of African Unity Laissez-passer
to Personnel of the Organization of African Unity
Specialised Agencies to enable them to perform their
functions efficiently in the territories of Member
States of the Organization of African Unity,
Considering that the Organization of General Convention
on Privileges and Immunities (hereinafter referred
to as the Convention) does not contain provisions
for granting of Privileges and Immunities including
the issue of the Organisation of African Unity Laissez-passer
to officials and other staff members, and travel
certificates to experts and non-nationals of the
members of the OAU Specialised Agencies hereinafter
referred to as Agencies,
Considering that such immunities and privileges
as are granted to the Organisation of African Unity
officials will be adequate for the officials of
the Agencies for the efficient performance of their
functions in the territories of the Organisation
of African Unity Member States,
Have agreed as follows:
Article 1
Definition
For the purpose of this Protocol the word Official
means any person employed on a permanent basis at
professional level.
For the purpose of this Protocol the word Expert
means any person other than an official who owing
to his special qualifications is recruited on a
temporary basis to perform a specific job.
Immunities and Privileges
(A) Officials of the Agencies Nationals of OAU
Member States
Article 2
The Secretary-General of the Organization of African
Unity shall in consultation with the Heads of the
Agencies specify the categories of officials of
the Agencies to which the provisions of this Article
and Article 3 shall apply. He shall submit these
categories to the Organization of African Unity
Assembly of Heads of State and Government. Thereafter
the categories shall be communicated to the Government
of all Member States. The names of officials included
in those categories shall from time to time be made
known to the Government of Member States.
Officials of the Agencies shall:
• Be immune from Legal process in respect of
words spoken, written and all acts performed by
them in their official capacity;
• Be exempt from taxation on the salaries and
emoluments paid to them by the Organisation of African
Unity Agencies;
• Be immune from arrest and detention;
• Be immune from national service obligation;
• Be immune, together with their spouses and
the members of their immediate families residing
with, and dependent on them including their personal
employees, from immigration restrictions, alien
registration and finger printing;
• Be accorded the same privileges in respects
of exchange facilities as are accorded to the officials
of comparable ranks forming part of diplomatic missions
to the Government concerned;
• Be given, together with their spouses and
relatives residing with, and dependent on them,
the same repatriation facilities in time of international
crisis as diplomatic envoys;
• Import free of duty their furniture and effects
at the time of first taking up their appointment
in the countries of OAU member states.
The provisions of sub-paragraph (b) – (h)
may not apply to nationals in their country of origin.
In addition to the immunities and privileges specified
in paragraph 2 of this Article, the Secretary-General
and the Assistant Secretary-General of the Agencies
shall be accorded in respect of themselves, their
spouses and children, the privileges and immunities,
exemptions and facilities accorded to Diplomatic
envoys in accordance with International Law.
Privileges and Immunities are granted to the Personnel
of the Agencies in the interest of the Organization
of African Unity, and not for the personal benefit
of individuals themselves. The Secretary-General
of the Organization of African Unity shall have
the right and the duty to waive the immunity of
any official of the Agencies in any case where in
his opinion, the immunity would impede the course
of justice and can be waived without prejudice to
the interests of the Organisation of African Unity.
The Organization of African Unity and the Agencies
shall co-operate at all times with the appropriate
authorities of Member States to facilitate the proper
administration of justice, secure the observance
of police regulations and prevent the occurrence
of any abuse in connection with the privileges,
immunities and facilities mentioned in this article.
(B). Officials of the Agencies with Nationalities
other than those of Organization of African Unity
Member States and Experts on Mission for the Agencies
Article 3
Experts on Missions for the Agencies and the officials
of the Agencies other than those holding the nationality
of a Member State of the Organisation of African
Unity shall be accorded such privileges and immunities
as are necessary for the independent exercise of
their functions during the period of their missions,
including the time spent on journeys in connection
with their missions. In particular they shall be
accorded:
• Immunity from arrest or detention;
• Immunity from Legal process of any kind in
respect of words spoken, written and all acts performed
by them in the course of the performance of their
mission;
• Inviolability for all official papers and
documents for the purpose of their communications
with the Specialised Agencies and the Organisation
of African Unity;
• The same facilities in respect of currency
or exchange restrictions as are accorded to representatives
of foreign governments on temporary official missions;
• The same immunities and facilities in respect
of their personal baggage as are accorded to diplomatic
envoys.
Article 4
Privileges and Immunities are granted to the Experts
and Officials in the interest of the Organization
of African Unity and not for the personal benefit
of the individual themselves. The Secretary-General
of the Organization of African Unity shall have
the right and the duty to waive the immunity of
any expert or official in any case where in his
opinion, the immunity would impede the course of
justice and it can be waived without prejudice to
the interest of the Organization of African Unity.
Article 5
Organization of African Unity Laissez-passer
The Organization of African Unity may issue Organization
of African Unity Laissez-passer to the officials
of the Organization of African Unity Agencies. These
Laissez-passer shall be recognized and accepted
as valid travel documents by the authorities of
the Organization of African Unity Member States,
taking into account the previsions of paragraph
2 of this article.
Application for visas from holders of Organisation
of African Unity Laissez-passer, when accompanied
by travel authorisation that they are travelling
on the business of the Agencies for the Organization
of African Unity, shall be dealt with as speedily
as possible. In addition, such persons shall be
granted facilities for speedy travel.
The Head of the Organization of African Unity Agencies
and their deputies travelling on Organization of
African Unity Laissez-passer on the business of
the Organization of African Unity shall be granted
the same facilities as are accorded to diplomatic
envoys.
The Organization of African Unity Laissez-passer
may be issued by the Organization of African Unity
Secretary General to the Agencies' officials on
the application of the Heads of the Agencies.
On the termination of the appointment of an official
of the Agencies who is a holder of the Organisation
of African Unity Laissez-passer, the Agencies shall
promptly return the Laissez-passer to the Organization
of African Unity Secretary-General, who shall notify
all Member States of the cancellation of the Laissez-passer.
Article 6
Organization Of African Unity Travel Certificate
The Organization of African Unity Travel Certificate
may be issued to the officials of the Organization
of African Unity Agencies who are not the nationals
of the Organization of African Unity Member States,
who hold a contract appointment of not more than
six months duration with the Organization of African
Unity Agencies, to Experts on the missions of the
agencies for the Organization of African Unity and
such other staff members as the Secretary-General
of the OAU may determine.
Application for visas from holders of OAU Travel
Certificate when accompanied by travel authorization
that they are travelling on the business of the
Agencies for the Organization of African Unity shall
be dealt with as speedily as possible. In addition
such persons shall be granted facilities for speedy
travel.
The Organization of African Unity Travel Certificate
may be issued by the Secretary-General on application
from the Head of an Agency.
On the termination of the appointment of a holder
of an Organization of African Unity Travel Certificate,
the Agency shall return the certificate to the Organisation
of African Unity Secretary-General for cancellation.
If for any reason the Travel Certificate is not
returned, the agency shall inform the OAU Secretary-General
who shall notify all Member States of the cancellation
of the Certificate.
The Organization of African Unity Travel Certificates
shall specify the following:
• full names of holder;
• nationality;
• date and place of birth;
• title;
• period of validity;
• general remark;
Article 7
Settlement of Disputes
Any disputes arising out of this Protocol shall
be settled in accordance with the provisions of
Section E Article IX of the General Convention on
the Privileges and Immunities of the OAU.
Article 8
Amendment
Any state party to the present Protocol may propose
an amendment and file it with the Organization of
African Unity Secretary-General, who thereupon shall
communicate the proposed amendment to the State
Parties to the present Protocol with a request that
they notify him whether they favour a conference
of State Parties for the purpose of considering
and voting upon the proposal. In the event that
at least one third of the State Parties favour such
conference, the Secretary-General shall convene
the conference under the auspices of the Organization
of African Unity. Any amendment adopted by a majority
of the State Parties present and voting at the Conference,
shall immediately come into force.
In the event, that a conference is not favoured,
the Secretary-General shall call upon State Parties
to indicate to him in writing whether or not they
are in favour of the proposed amendment. A simple
majority of such indication immediately on receipt
by the Secretary-General shall bring the amendment
into force.
When amendments come into force, they shall be
binding on those State Parties which have accepted
them; other States Parties still being bound by
the provisions of the present Protocol and any earlier
amendments which they have accepted.
Article 9
Denunciation
Any State Party may denounce the present Protocol
at any time by a written notification addressed
to the Organization of African Unity Secretary-General.
Denunciation shall take effect three months after
the date of receipt of the notification by the Secretary-General.
Article 10
Final Provisions
This Protocol is submitted to every Member of the
Organization of African Unity for accession.
Accession shall be effected by the deposit of an
Instrument of Accession with the Secretary-General
of the Organization of African Unity; and the Protocol
shall come into force as regards such Member on
the date of the deposit of its instrument of accession.
The Secretary-General of the Organization of African
Unity shall inform all Members of the Organization
of African Unity of the deposit of each instrument
of accession.
This Protocol shall continue in force as between
the Organization of African Unity and every Member
that has deposited an instrument of accession or
until a revised Protocol has been approved by the
Assembly of Heads of State and Government and that
member has become a party to the revised Protocol.
The Head of an Agency may conclude with any member
or members of the Organization of African Unity
supplementary agreements adjusting the provisions
of this Protocol with particular reference to the
establishment of the agencies’ offices, so
far as that member or those members are concerned.
These supplementary agreements shall in each case
be subject to the approval of the Organization of
African Unity Assembly of Heads of State and Government.
The Organization of African Unity Secretary-General
shall inform all Member States of the following
particulars:
• Accessions to the present Protocol;
• The date of entry into force of the present
Protocol with respect to the Member depositing an
instrument of accession and the date of entry into
force of any amendments;
• Denunciations.
Article 11
The present Protocol of which the Arabic, English
and French texts ate equally authentic, shall be
deposited in the archives of the Organization of
African Unity.
The Organization of African Unity Secretary-General
shall transmit certified copies of the present Protocol
to all States Parties.
The present Protocol is approved by the Organization
of African Unity Assembly of Heads of State and
Government at its .............................
Session at .......................on .............
