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Understanding the Organs of the African Union (AU)

Understanding the Organs of the African Union (AU). Presented at The State of the Union Nigeria Campaign Platform (SOTU-N-CAMP) Capacity Building Workshop on Understanding African Union Instruments and Strategies for engagement for Effective Implementation by Governments. Introduction.

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Understanding the Organs of the African Union (AU)

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  1. Understanding the Organs of the African Union (AU) Presented at TheState of the Union Nigeria Campaign Platform (SOTU-N-CAMP) Capacity Building Workshop on Understanding African Union Instruments and Strategies for engagement for Effective Implementation by Governments

  2. Introduction • The Organisation of African Unity (OAU) was formed in 1963. • The African Union (AU) succeeded the OAU when it was launched in Durban on 9 July 2002 as a result of efforts to reposition the organisation to serve Africans better. • The AU has 12 key organs

  3. 1. The Assembly –Composed of Heads of State and Government or their duly  accredited representatives. The Assembly of Heads of State and Government is  the supremeorgan of the Union Functions of the Assembly: Determine the common policies  of the Union, establish its priorities and adopt its annual programme; Monitor the implementation of  policies and decisions of the Union as well ensure compliance by all Member  States through appropriate mechanisms; Accelerate the political and  socio-economic integration of the continent; Give directives to the  Executive Council, the PSC of the Commission on the management of conflicts,  war, acts of terrorism, emergency situations and the restoration of peace; Decide on intervention in a  Member State in respect of grave circumstances namely, war crimes, genocide and  crimes against humanity; Decide on intervention in a  Member State at the request of that Member State in order to restore peace and  security; Determine the sanctions to be  imposed on any Member State for non payment of assesses contributions,  violation of the principles enshrines in the Constitutive Act and the rules,  non-compliance with the decision of the Union and unconditional changes of  government; 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; Receive, consider and take  decisions on reports and recommendations from the other organs of the Union; Consider requests for  Membership of the Union and establish any organ of the Union; appoint and terminate the  appointment of the judges of the Court of Justice and adopt the budget of  the Union;

  4. 2. The Executive CouncilComposed of Ministers or Authorities  designated by the Governments of Members States. The Executive Council  coordinates and takes decisions on policies in areas of common interest to the  Member States. It is responsible to the Assembly. It shall consider issues  referred to it and monitor the implementation of policies formulated by the  Assembly. Functions of the Executive Councila) Prepare  the sessions of the Assembly;b) Determine the issues to be submitted to the Assembly for  decision;c) Coordinate  and harmonize the policies, activities and initiatives of the Union in the  areas of common interest to Member States;d) Monitor  the implementation of the policies, decisions and Agreements adopted by the  Assembly;e) Elect  the Commissioners to be appointed by the Assembly, as well as members of the  African Committee of Experts on the Rights and Welfare of the Child;f) Promote  cooperation and coordination with the RECs, the African Development Bank (ADB),  other African Institutions and the United Nations Economic Commission for  Africa (UNECA);g) Determine  policies for cooperation between the Union and Africa’s partners, and ensure  that all activities and initiatives regarding Africa are in line with the  objectives of the Union;h) Consider  the structure, functions and Statutes of the Commission and make  recommendations thereon to the Assembly;i) Ensure  the promotion of gender equality in all programmes of the Union

  5. 3. The Pan African Parliament • The permanent seat of the  Parliamentary Parliament (PAP) is in Midrand, Johannesburg, Republic of South  Africa. • PAP was inaugurated on 18 March 2004. • The  establishment of PAP was inspired by a vision to provide a common platform for  African peoples and their grass-roots organizations to be more involved in  discussions and decision-making on the problems and challenges facing the  continent.  • The ultimate aim of PAP is to evolve into an institution with  full legislative powers, whose Members are elected by universal adult suffrage.  • At present it exercises advisory and consultative powers. PAP currently  has 230 Members. • The Present president of PAP is Hon. Bethel NnaemekaAmadi of Nigeria’s House of Representatives

  6. Functions of the Pan-African  Parliament • Facilitate the effective implementation of the policies and objectives of the AU/AEC and, ultimately, of the African Union.  • Work towards the harmonization or co-ordination of the laws of Member States.  • Make recommendations aimed at contributing to the attainment of the objectives of the AU/AEC and draw attention to the challenges facing the integration process in Africa as well as the strategies for dealing with them.  • Request officials of the AU/AEC to attend its sessions, produce documents or assist in the discharge of its duties.  • Promote the programmes and objectives of the AU/AEC, in the constituencies of the Member States.  • Encourage good governance, transparency and accountability in Member States.  • Familiarize the peoples of Africa with the objectives and policies aimed at integrating the African continent within the framework of the establishment of the African Union.  • Promote the coordination and harmonization of policies, measures, programmes and activities of the parliamentary fora of Africa.

  7. 4. The African Court on Human and Peoples' Rights • The African Court on Human and Peoples' Rights (the Court) is a continental court established by African countries to ensure protection of human and peoples’ rights in Africa. • Establishment • The Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights, (the Protocol) in Ouagadougou, Burkina Faso, in June 1998. The Protocol came into force on 25 January 2004 after it was ratified by more than 15 countries. To date, only the following twenty six (26) States have ratified the Protocol • ii. Jurisdiction The Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter on Human and Peoples' Rights, the (the Charter), the Protocol and any other relevant human rights instrument ratified by the States concerned.

  8. iii. Access According to the Protocol (Article 5) and the Rules (Rule 33), the Court may receive complaints and/or applications submitted to it either by: • The African Commission of Human and Peoples’ Rights • State parties to the Protocol • African Intergovernmental Organizations • Non-Governmental Organizations with observer status before the African Commission on Human and Peoples’ Rights • Individuals from States which have made a Declaration accepting the jurisdiction of the Court can also institute cases directly before the Court. • As of October 2012, only five countries had made such a Declaration. Those countries are Burkina Faso, Ghana, Malawi, Mali, and Tanzania. • iv. Composition The Court is composed of eleven Judges, nationals of Member States of the African Union. The first Judges of the Court were elected in January 2006, in Khartoum, Sudan. They were sworn in before the Assembly of Heads of State and Government of the African Union on 2 July 2006, in Banjul, the Gambia. The Court officially started its operations in Addis Ababa, Ethiopia in November 2006, but in August 2007 it moved to its seat in Arusha, the United Republic of Tanzania • The judges are elected for a six year or four year term renewable once. The judges of the Court elect a President and Vice-President of the Court among themselves who serve a two year term. They can be re-elected only once.

  9. 6. The Permanent Representatives' Committee (PRC)Composed of Permanent  Representatives of Member States accredited to the Union and other duly  accredited plenipotentiaries of Member States resident at the Headquarters of  the Union. The Permanent Representatives Committee is charged with the  responsibility of preparing the work of the Executive Council. Functions of the PRC a) Act as an advisory body to the  Executive Council;  b) Prepare its Rules of Procedure and  submit them to the Executive Council;  c) Prepare the meeting of the Executive  Council, including the agenda and draft decisions;  d) Make recommendations on the areas of  common interest of Member States particularly on issues on the agenda of the  Executive Council;  e) Facilitate communication between the  Commission and the capitals of Member States;  f) Consider the Programme and Budget of  the Union as well as administrative, budgetary and financial matters of the  Commission, and make recommendations  to the Executive Council;  g) Propose the composition of the Bureaus  of the organs of the Union ad-hoc committees and sub-committees;  h) Consider matters relating to the  programmes and projects of the Union particularly issues relating to the  socio-economic development and integration of the Continent, and make recommendations  thereon to the Executive Council;  i) Participate in the preparation of  the programme of the activities of the Union as well as the preparation of the  calendar of meetings of the Union.

  10. 7. The Specialized Technical CommitteesThe Specialized Technical Committees  are composed of Ministers or senior officials responsible for sectors falling  within their respective areas of competence. There exists seven Committees as  stated in the Constitutive Act whose membership is unlimited.; they are:        i. The  Committee on Rural Economy and Agricultural Matters;       ii. The  Committee on Monetary and Financial Affairs;      iii. The  Committee on Trade, Customs and Immigration Matters;      iv. The Committee on Industry, Science  and Technology, Energy, Natural Resources and Environment;       v. The  Committee on Transport, Communications and Tourism;      vi. The Committee on Health, Labour and  Social Affairs; and     vii. The Committee on Education, Culture  and Human Resources. Functions of the Specialized  Technical Committees (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.

  11. 8. Peace and Security Council (PSC) The Protocol Relating to the Peace  and Security Council (PSC) of the African Union entered into force on 26  December 2003 Functions of the PSC a) It is responsible for the promotion  of Peace, security and stability in Africa;b) Preventive diplomacy and the maintenance of peace;c) Management of catastrophes and humanitarian actions;d) It is intended to replace the Central Organ of the Mechanism  for the prevention, management and regulation of conflicts in Africa, created  in 1993 by Heads of States during the Summit in Tunis.

  12. 9. The Financial Institutions The African Union has created three  financial institutions in a bid to facilitate trade within the continent. They  are: The  African Investment Bank (AIB)- The Headquarters of the African  Investment Bank is Tripoli, Great Socialist People's Libyan Arab Jamahiriya The African Monetary Fund  (AMF) and the African Central Bank (ACB) - A Memorandum of Understanding to set  up a Technical Steering Committee to undertake the implementation for the  hosting of the African Monetary Fund was signed on 30 June 2008, between the  African Union Commission and the Cameroon Government, at the margins of the 11th  Ordinary Session of the African Union Summit of Heads of States and Government  that took place in Sharm El Sheikh, Arab Republic of Egypt. African Central Bank (ACB)The Headquarters of the African Central Bank is  Abuja, Republic of Nigeria

  13. 10. THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL OF THE AFRICAN UNION (ECOSOCC) • Established under the provisions of Articles 5 and 22 of the African Union’s Constitutive Act, ECOSOCC is the vehicle for building a strong partnership between governments and all segments of African civil society. • ECOSOCC MANDATE • Promote dialogue between all segments of African people on issues concerning the Continent and its future; • Forge strong partnerships between governments and all segments of civilsociety, in particular, women, the youth, children the Diaspora, organized labour, the private sector, and professional group; • Promote the participation of African Civil Society in the implementation of the policies and programmes of the Union; • Support policies and programmes that promote peace, security and stability and foster Continental development and integration; • Promote and defend a culture of good governance, democratic principles andinstitutions, popular participation, human rights and social justice; • Promote, advocate and defend a culture of gender equality; • Promote and strengthen the institutional, human and operational capacities of the African civil society.

  14. ECOSOCC FUNCTIONS • As an advisory organ, ECOSOCC shall: • Contribute, through advise, to the effective translation of the objectives, principles and policies ofthe Union into concrete programmes, as well as the evaluation of these programme; • Undertake studies that are recommended or deemed necessary by any other organ of the Union and submit recommendations accordingly; • Carry out other studies as it deems necessary and submit recommendations as appropriate; • Contribute to the promotion of popularization, popular participation, sharing of best practices and expertise, and to the realization of the vision and objectives of the Union; • Contribute to the promotion of human rights, the rule of law, good governance, democratic principles, gender equality and child rights; • Promote and support efforts of institutions engaged in review of the future of Africa and forge Pan-African values in order to enhance an African social model and way of life; • Foster and consolidate partnership between the Union and CSOs through effective public enlightment, mobilization and feedback on the activities of the Union; • Assume such other functions as may be referred to it by any other organ of the Union.

  15. Composition ECOSOCC shall be an advisory organ of the African Union composed of different socialand professional groups of the Member States of the African Union. These CSOs include but are not limited to the following: a. Social groups such as those representing women, children, the youth,the elderly and people with disability and special needs;  b. Professional groups such as associations of artists, engineers, healthpractitioners, social workers, media, teachers, sport associations, legalprofessionals, social scientists, academia, business organizations, national chambers of commerce, workers, employers, industry and agriculture as well as other private sector interest groups; c. Non-governmental organizations (NGOs), community-based organizations (CBOs)and voluntary organizations;  d. Cultural organizations;ECOSOCC shall also include social and professional groups in the African Diaspora organizations in accordance with the definition approved by the ExecutiveCouncil.

  16. 11. THE AFRICAN UNION COMMISSION ON INTERNATIONAL LAW (AUCIL) The African Union Commission on International Law (AUCIL) was established on the basis of Article 5(2) of the Constitutive Act of the African Union 1999 as an advisory organ of the Union, following the recommendation of the Executive Council in its Decision EX.CL/Dec.478 (XIV) adopted by the Fourteenth Ordinary Session of the Executive Council held in Addis Ababa, Ethiopia in February 2009 Members of the Commission - CURRENT MEMBERS OF THE AUCIL (2013–2015)Based on the election that was conducted in January 2013 in Addis Ababa Ethiopia, the following is the current list of members of the AUCIL:1. Mr. Rafaâ Ben ACHOUR                                  (Tunisia)2. Mr. Daniel Makiese MWANAWANZAMBI    (Democratic Republic of the Congo)3. Mr. Boniface Obina OKERE                             (Nigeria)4. Mr. Kholisan SOLO                                          (Botswana)5. Mrs. Naceesay SALLA-WADDA                      (Gambia)6. Mr. Ebenezer APPREKU                                 (Ghana)7. Mr. Minelik Alemu GETAHUN                          (Ethiopia)8. Mr. Filali KAMEL                                              (Algeria)9. Mr. Adelardus KILANGI                                   (Tanzania)10. Mr. Blaise TCHIKAYA                                    (Congo)11. Mr. Cheikh Tidiane THIAM                            (Senegal)

  17. 12. African Union Advisory Board on Corruption In Brief Member States of the African Union adopted the African Union Convention on Preventing and Combating Corruption (The Convention) at the Second Ordinary Session of the Assembly of the Union, held in Maputo (Mozambique), on 11th July 2003. The Convention entered into force on 5th August 2006, thirty (30) days after the deposit of the fifteenth (15th) instrument of ratification. To date thirty-four (34) countries have ratified the Convention The main mandate of the Board is to promote and encourage the adoption of measures and actions by State Parties to prevent, detect, punish and eradicate corruption and related offences in Africa as well as to follow-up on the application of those measures and submit a report to the Executive Council on a regular basis on the progress made by each State Party in complying with the provisions of the Convention.

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