Pdf icon constitutive act of the african union fr protocol on amendments to the constitutive act of the african union en protocol on amendments to the. The role of african union in dealing with the problems of. Constitutive act of the african union is also evaluated against the need to correct africas governance deficiencies and ambiguity in honoring regional agreements. The study also reflects on the historical operations of the oau visavis the new. It is the premier african human rights body, with responsibility for monitoring and promoting compliance with the african.
Ppt the african union powerpoint presentation free to. The organization, simply called the african union union, comprises, among other institutions, the panafrican. Article 2 establishment the african union is hereby established in accordance with the provisions of this act. Constitutive act of the african union the faculty of law. The african union, too, has revisited the concept of sovereignty. In the international arena, sovereignty becomes a secondorder norm and it is not as it used to be. It entered into force after two thirds of the 53 signatory states ratified the convention.
Sovereignty and intervention under the constitutive act of. The documents provided to us make it abundantly clear that it is imperative for the republic of south africa to ratify the act as a matter of priority. It looks at various doctrinal and practical issues pertaining to either the continents progress towards an effective and strong continental integration. The new african union and its constitutive act american. Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. This is how the constitutive act of the african union, signed in 2000 and entered into force in 2001 claimed the right of african countries to intervene in conflicts under grave circumstances. That same year was also presented a new african peace and security architecture apsa which aimed at building an african capacity to manage and solve. Mr ramgobin anc suggested that the committee report should be circulated to all other parties. Its predecessor was the organization for african unity oauestablished in 1963. Naldi, the panafrican parliament of the african union. Protocol on amendments to the constitutive act of the african union adopted on 3 february 2003 and 11 july 2003. The constitutive act of the african union was the codified framework by which the african union would conduct itself, it was signed in 2000 at lome, togo.
The african commission on human and peoples rights, in existence since 1986, is established under the african charter on human and peoples rights the african charter rather than the constitutive act of the african union. Chapter 2 overview of the development of the african union 24 2. The au assembly decided in july 2016 that a study on institutional reform of the union. Enumerate accurately those rights and interests of african union protected by international and national law taking into consideration that ethiopia is a seat of the union. In carrying out its functions on the progressive development of international law and codification of international law, the aucil shall contribute to the objectives and principles of the union as enshrined in articles 3 and 4 of the constitutive act, and in particular to study all legal matters related to the promotion of peace and security in.
The study on transitional justice and human and peoples rights in africa is the first concrete step taken by the achpr to elaborate a charterbased approach to tj and elucidate the role of the commission in tj processes and mechanisms on the continent. The study recommends enactment of the law which will protect states in case of the internal armed conflicts and amendments be made on article 9 of the constitutive act of the african union so as to include members of the organisation to be obliged to contribute under the new law to help each other in case of internal armed conflicts. When a state ratifies the constitutive act, it formally becomes a member of the au. Article 3 objectives the objectives of the union shall be to. This paper explores some of the founding principles of the african union au and the frameworks devised to implement them. The african union by makaria green the african union au was established on july 8, 2001. The oau was established on 25 may 1963 in addis ababa, on signature of the oau charter by representatives of 32 governments. South africa signed the constitutive act on 8 september 2000.
Union means the african union established by the present constitutive. The eu as a model for the african union archive of european. Pdf the role of the african union in continental peace and. The right of intervention under the african unions. The list also shows the date of joining the african union au or its predecessor, the organization of african unity oau.
In this respect it is also noted that cabinet approved south africas signature and ratification of the act. Constitutive act of the african union wikisource, the. South africa the first chairperson of the african union. The constitutive act of the african union, african courts and. The full names on the left in the following list are the official names of member states as of 1 september 2019.
The african union project was born in sirte in 1999 with the decision to draft an act of constitution. The au constitutive act solemnises the declaration by africas leaders to uphold the ideals of the founding fathers of the oau and au and generations of panafricanists on the continent and the diaspora to promote unity, solidarity, cohesion and cooperation among the peoples of africa and african states. The role of the african peace and security architecture in implementation of article 4h, tim murithi 11. As the process of european integration evolves further, the jean monnet robert. Analyze the various african union instruments by taking relevant cases. Statute of the african union commission on international law. Identify the sources of african union law by giving appropriate examples. As of late 2010, it had been ratified by approximately 20 member states and therefore had yet to come into force. Union means the african union established by the present constitutive act. The constitutive act of the african union attains the legal requirement for entering into force apr. A pdf version of this book is available on the websites above. Statute of the african union commission on international. The protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. An overview, 2003 3 african journal of human rights law journal 222.
Apr 17, 2011 the constitutive act of the african union was the codified framework by which the african union would conduct itself, it was signed in 2000 at lome, togo. The african unions transition from nonintervention to. A case study, in oau after thirty years, supra note, at 27. Principles of the african union with a view to achieve the above stated objectives, the constitutive act of the african union and the protocol for its amendment provide eighteen 18 principles in accordance with which the union shall conduct its functions. The abbreviations are the names used in this handbook. The aus constitutive act was subsequently signed in lome, togo, on july 11, 2000. The right of intervention under the african unions constitutive act. The african union and regional integration in africa. A concerted effort to give effect to all decisions by the assembly and the executive council. Constitutive act of the african union, adopted july 11, 2000, oau doc. The constitutive act was adopted by the assembly of heads of state. We, heads of state and government of the member states of the organization of african unity oau.
The aec treaty of abuja 1991 and the constitutive act of the au 2000 might be the. After a transition period, the african union replaced the oau in july 2002. African union intergovernmental organization, africa. Pdf the role of the african union in continental peace.
The african union counter terrorism framework african. The constitutive act of the african union and the protocol on amendments to the constitutive act of the african union lay out the aims of the au which are. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. Constitutive act of the african union african union. The chairman of the commission shall, upon receipt of such notification, transmit copies thereof to. Continental efforts in preventing and combating terrorism have a long history. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. Constitutive act of the african union 37 protocol establishing the peace and security council of the au and subsidiary instruments 38 kampala convention 39 part iv. Constitutive act of african union and other treaties. African union, protocol on the amendments to the constitutive act of the african union maputo, 11 july 2003 paragraph 4h.
In 2004 the aus panafrican parliament was inaugurated, and the organization agreed to create a. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule. The charter that created the oau was the result of several multinational african conferences held in the 1950s and 1960s aimed at supporting africans. The african union was carved out of a previously existing organisation called the organisation of african unity oau. The study on transitional justice and human and peoples rights in africa is the. Constitutive act of the african union wikisource, the free. Any african state may, at any time after the entry into force of this act, notify the chairperson of the commission of its intention to accede to this act and to be admitted as a member of the union. The ideal of african unity can be traced back to the nineteenth century, when the idea of panafricanism first gained traction.
Constitutive act, and to discuss the limits of the comparison between the au and its european. The constitutive act of the african union recognizes the right of the union to. Constitutive act of the african union 2000 adopted by the heads of state and government of the member states of the organization of african unity, 11 july 2000. This study therefore, examines and assesses the african unions response to the libyan crisis of 2011 in light of the article 4h of the constitutive act intervention. African union explanatory notes on the libyan proposals for amendment of the constitutive act of the african union, proposed amendments to articles of the constitutive act of the african union, proposed by libya formerly known as the great socialist peoples libyan arab jamahiriya, ahg238xxxviii provide that it is quite. The african union and its radical stance towards human. The au constitutive act solemnises the declaration by africa s leaders to uphold the ideals of the founding fathers of the oau and au and generations of panafricanists on the continent and the diaspora to promote unity, solidarity, cohesion and cooperation among the peoples of africa and african states. The institution and instrument was built by aus member states, bureaucrats and. Nov 23, 2015 continental efforts in preventing and combating terrorism have a long history. The phenomenon of soft law has generated significant debate, and controversy, in international legal scholarship. Nevertheless, soft law instruments remain an increasingly important feature of norm generation in international society. The african union counter terrorism framework african union.
The constitutive act of the african union, african courts. 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. Achieve greater unity and solidarity between african countries and their the people. African union member state names and abbreviations. The african union and its radical stance towards human rights. Constitutif act of african union 1 the constitutive act we, heads of state and government of the member states of the organization of african unity oau. The study draws on tj literature, the various experiences of tj as peculiar. Packer, donald rukare skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.
African union declaration on the principles governing democratic elections in africa, ahgdecl. Defend the sovereignty, territorial integrity and independence of its member states. A pdf version of this book is available on the au website. Putting structures in place which will be able to deliver on the scope of the constitutive act. Available formats pdf please select a format to send. The african unions response to the libyan crisis of 2011. Constitutive act of the african union adopted 11 july 2000, entered into force 26 may 2001. Instrument of ratification deposited on 23 april 2001. See also au constitutive act, third preambular paragraph. Find, read and cite all the research you need on researchgate. The role of the african standby force in implementing article 4h, charles t. The amendment of article 4h is disputed amongst au member states. Constitutive act of the african union the portfolio committees on foreign affairs, justice and constitutional development and the select committee on economic affairs adopted the joint committee report on the constitutive act of the african union. The chairman of the commission shall, upon receipt of such notification, transmit copies thereof to all member states.