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African Union (AU)

Introduction
The advent of the African Union (AU) can be described as an event of great magnitude in
the institutional evolution of the continent. On 9.9.1999, the Heads of State
and Government of the Organization of African Unity issued a Declaration (the Sirte
Declaration) calling for the establishment of an African Union, with a view, inter alia, to
accelerating the process of integration in the continent to enable it play its rightful role in
the global economy while addressing multifaceted social, economic and political problems
compounded as they are by certain negative aspects of globalization.
The main objectives of the OAU were, inter alia, to rid the continent of the remaining
vestiges of colonization and apartheid; to promote unity and solidarity among African
States; to coordinate and intensify cooperation for development; to safeguard the
sovereignty and territorial integrity of Member States and to promote international
cooperation within the framework of the United Nations.
Indeed, as a continental organization the OAU provided an effective forum that enabled all
Member States to adopt coordinated positions on matters of common concern to the
continent in international fora and defend the interests of Africa effectively.
Through the OAU Coordinating Committee for the Liberation of Africa, the Continent
worked and spoke as one with undivided determination in forging an international
consensus in support of the liberation struggle and the fight against apartheid.
Quest for Unity
African countries, in their quest for unity, economic and social development under the
banner of the OAU, have taken various initiatives and made substantial progress in many
areas which paved the way for the establishment of the AU. Noteworthy among
these are:
Lagos Plan of Action (LPA) and the Final Act of Lagos (1980); incorporating
programmes and strategies for self-reliant development and cooperation among
African countries.

The African Charter on Human and Peoples Rights (Nairobi 1981) and the Grand
Bay Declaration and Plan of Action on Human rights: two instruments adopted by
the OAU to promote Human and Peoples Rights in the Continent. The Human Rights
Charter led to the establishment of the African Human Rights Commission located in
Banjul, The Gambia.

Africas Priority Programme for Economic recovery (APPER) 1985: an emergency

programme designed to address the development crisis of the 1980s, in the wake of
protracted drought and famine that had engulfed the continent and the crippling
effect of Africas external indebtedness.

OAU Declaration on the Political and Socio-Economic Situation in Africa and the
Fundamental Changes taking place in the World (1990): which underscored Africas
resolve to seize the imitative, to determine its destiny and to address the challenges
to peace, democracy and security.

The Charter on Popular Participation adopted in 1990: a testimony to the renewed

determination of the OAU to endeavour to place the African citizen at the center of
development and decision-making.

The Treaty establishing the African Economic Community (AEC) - 1991: commonly
known as the Abuja Treaty, it seeks to create the AEC through six stages
culminating in an African Common Market using the Regional Economic
Communities (RECs) as building blocks. The Treaty has been in operation since
1994.

The Mechanism for Conflict Prevention, Management and Resolution (1993): a

practical expression of the determination of the African leadership to find solutions
to conflicts, promote peace, security and stability in Africa.

Cairo Agenda for Action (1995): a programme for re-launching Africas political,
economic and social development.

African Common Position on Africas External Debt Crisis (1997): a strategy for
addressing the Continents External Debt Crisis.

The Algiers decision on Unconstitutional Changes of Government (1999) and the

Lome Declaration on the framework for an OAU Response to Unconstitutional
Changes (2000).

The 2000 Solemn Declaration on the Conference on Security, Stability, Development

and Cooperation: establishes the fundamental principles for the promotion of
Democracy and Good Governance in the Continent.

Responses to other challenges: Africa has initiated collective action through the OAU
in the protection of environment, in fighting international terrorism, in combating
the scourge of the HIV/AIDS pandemic, malaria and tuberculosis or dealing with
humanitarian issues such as refugees and displaced persons, landmines, small and
light weapons among others.

The Constitutive Act of the African Union: adopted in 2000 at the Lome Summit
(Togo), entered into force in 2001.

The New Partnership for Africas Development (NEPAD) : adopted as a Programme of

the AU at the Lusaka Summit (2001).

Advent of the AU
The OAU initiatives paved the way for the birth of AU. In July 1999, the Assembly decided
to convene an extraordinary session to expedite the process of economic and political
integration in the continent. Since then, four Summits have been held leading to the
official launching of the African Union:
The Sirte Extraordinary Session (1999) decided to establish an African Union
The Lome Summit (2000) adopted the Constitutive Act of the Union.
The Lusaka Summit (2001) drew the road map for the implementation of the AU

The Durban Summit (2002) launched the AU and convened the 1st Assembly of the
Heads of States of the African Union.

Vision of the African Union

The vision of the African Union is that of: An integrated, prosperous and peaceful
Africa, driven by its own citizens and representing a dynamic force in global
arena.
This vision of a new, forward-looking, dynamic and integrated Africa will be fully realized
through relentless struggle on several fronts and as a long-term endeavour. The African
Union has shifted focus from supporting liberation movements in the erstwhile African
territories under colonialism and apartheid, as envisaged by the OAU since 1963 and the
Constitutive Act, to an organization spear-heading Africas development and integration.
The Objectives of the AU
To achieve greater unity and solidarity between the African countries and the
peoples of Africa;
To defend the sovereignty, territorial integrity and independence of its Member
States;

To accelerate the political and socio-economic integration of the continent;

To promote and defend African common positions on issues of interest to the

continent and its peoples;

To encourage international cooperation, taking due account of the Charter of the

United Nations and the Universal Declaration of Human Rights;

To promote peace, security, and stability on the continent;

To promote democratic principles and institutions, popular participation and good

governance;

To promote and protect human and peoples' rights in accordance with the African
Charter on Human and Peoples' Rights and other relevant human rights
instruments;

To establish the necessary conditions which enable the continent to play its rightful
role in the global economy and in international negotiations;

To promote sustainable development at the economic, social and cultural levels as

well as the integration of African economies;

To promote co-operation in all fields of human activity to raise the living standards
of African peoples;

To coordinate and harmonize the policies between the existing and future Regional
Economic Communities for the gradual attainment of the objectives of the Union;

To advance the development of the continent by promoting research in all fields, in

particular in science and technology;

To work with relevant international partners in the

eradication of preventable
diseases and the promotion of good health on the continent.

The Organs of the AU

The Assembly
Composed of Heads of State and Government or their duly accredited representatives.
The Assembly of Heads of State and Government is the supreme organ of the Union.
The Executive Council
Composed of Ministers or Authorities designated by the Governments of Members States.
The Executive Council is responsible to the Assembly.
The Commission
Composed of the Chairperson, the Deputy Chairperson, eight Commissioners and Staff
members; Each Commissioner shall be responsible for a portfolio.
The Permanent Representatives' Committee
Composed of Permanent Representatives of Member States accredited to the Union. The
Permanent Representatives Committee is charged with the responsibility of preparing the
work of the Executive Council.
Peace and Security Council (PSC)
By decision AHG/Dec 160 (xxxvii) of the Summit of Lusaka, July 2001, a decision was
made for the creation within the African Union of the Peace and Security Council. The
Protocol establishing the PSC is in the process of ratification.
Pan-African Parliament
A Pan-African Parliament, and organ to ensure the full participation of African peoples in
governance, development and economic integration of the Continent. The protocol
relating to the composition, powers, functions and organization of the Pan-African
Parliament has been signed by Member States and is in the process of ratification.
ECOSOCC
The Economic, Social and Cultural Council, an advisory organ composed of different social
and professional groups of the Member States of the Union. The statutes determining the
functions, powers, composition and organization of the Economic, Social and Cultural
Council have been prepared and will be submitted to Maputo Summit.
The Court of Justice
A Court of Justice of the Union shall be established. The statutes defining the composition
and functions of the Court of Justice have been prepared and will be submitted to the
Assembly in Maputo.

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The Specialized Technical Committees
The following Specialized Technical Committees are meant to address sectoral issues and
are at Ministerial Level:
The Committee on Rural Economy and Agricultural Matters;
The Committee on Monetary and Financial Affairs;
The Committee on Trade, Customs and Immigration Matters;

The Committee on Industry, Science and Technology, Energy, Natural Resources and
Environment;

The Committee on Transport, Communications and Tourism;

The Committee on Health, Labour and Social Affairs; and

The Committee on Education, Culture and Human Resources.

The Financial Institutions

The African Central bank
The African Monetary Fund

The African Investment Bank

The AU Commission
The Commission is the key organ playing a central role in the day-to-day management of
the African Union. Among others, it represents the Union and defends its interests;
elaborates draft common positions of the Union; prepares strategic plans and studies for
the consideration of the Executive Council; elaborates, promotes, coordinates and
harmonizes the programmes and policies of the Union with those of the RECs; ensures the
mainstreaming of gender in all programmes and activities of the Union.
Members of the Commission
Chairperson;
Deputy Chairperson;
Eight (8) Commissioners.
Staff members
Portfolios of the Commission
1. PEACE AND SECURITY (Conflict Prevention, Management and Resolution, and
Combating Terrorism...)
2. POLITICAL AFFAIRS (Human Rights, Democracy, Good Governance, Electoral
Institutions, Civil Society Organizations, Humanitarian Affairs, Refugees, Returnees and
Internally Displaced Persons)
3. INFRASTRUCTURE AND ENERGY (Energy, Transport, Communications, Infrastructure and
Tourism)
4. SOCIAL AFFAIRS (Health, Children, Drug Control, Population, Migration, Labour and
Employment, Sports and Culture)
5. HUMAN RESOURCES, SCIENCE AND TECHNOLOGY (Education, Information Technology
Communication, Youth, Human Resources, Science and Technology)
6. TRADE AND INDUSTRY (Trade, Industry, Customs and Immigration Matters)

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7. RURAL ECONOMY AND AGRICULTURE (Rural Economy, Agriculture and Food Security,
Livestock, Environment, Water and Natural Resources and Desertification)
8. ECONOMIC AFFAIRS (Economic Integration, Monetary Affairs, Private Sector
Development, Investment and Resource Mobilization).
The values to guide and govern the functioning and operations of the Commission are:
Respect for diversity and team work;
Think Africa above all;
Transparency and accountability;
Integrity and impartiality;
Efficiency and professionalism; and
Information and knowledge sharing.
The Commission will endeavour to fulfil its Mission by developing clear goals and
strategies. The values indicated above will constitute the basis on which the AUC will
achieve its Mission. They will also encourage the development of a service culture for the
entire organization.
The Commission will be guided by the following principles:
Subsidiarity and complementarity with other Organs, Member States and RECs;
Results orientation, feasibility and impact focus;
Close coordination and cooperation with the RECs;
Coherence of policies and programmes; and
A networking approach that takes advantage of available resources through other
players.
Guided by these values and principles, the Commission will endeavour to achieve its
Mission through implementation of clear goals and strategies and by committing the
requisite resources for effective discharge of its mandate. This would require the AUC
presenting specific proposals to give full effect to its texts, and bring new possibilities and
benefits to the citizens of Africa.

The Assembly
Composed of Heads of State and Government or their duly accredited representatives.
The Assembly of Heads of State and Government is the supreme organ of the Union.

Functions of the Assembly:

(a) Determine the common policies of the Union, establish its priorities and adopt its
annual programme;
(b) Monitor the implementation of policies and decisions of the Union as well ensure
compliance by all Member States through appropriate mechanisms;
(c) Accelerate the political and socio-economic integration of the continent;
(d) 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;
(e)Decide on intervention in a Member State in respect of grave circumstances namely,

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war crimes, genocide and crimes against humanity;
(f) Decide on intervention in a Member State at the request of that Member State in order
to restore peace and security;
(g) 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;
(h) 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;
(i) Receive, consider and take decisions on reports and recommendations from the other
organs of the Union;
(j) Consider requests for Membership of the Union and establish any organ of the Union;
(k) Appoint and terminate the appointment of the judges of the Court of Justice and adopt
the budget of the Union;

The Executive Council

Composed 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 Council
a) 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 Africas 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
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

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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.
Functions of the Pan-African Parliament
Facilitate the effective implementation of the policies and objectives of the OAU/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 OAU/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 OAU/AEC to attend its sessions, produce documents or assist
in the discharge of its duties.
Promote the programmes and objectives of the OAU/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.

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. It complements and reinforces the functions of the African Commission on Human
and Peoples' Rights.

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) which was adopted by Member States of the then
Organization of African Unity (OAU) 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: Algeria,
Burkina Faso, Burundi, Cote dIvoire, Comoros, Congo, Gabon, Gambia, Ghana, Kenya,
Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda,
South Africa, Senegal, Tanzania, Togo, Tunisia and Uganda.

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

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(the Charter), the Protocol and any other relevant human rights instrument ratified by the
States concerned.
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 or State parties to the Protocol or African Intergovernmental
Organizations. Non-Governmental Organizations with observer status before the African
Commission on Human and Peoples Rights and 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.
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 Judges of the Court are elected, after nomination by
their respective States, in their individual capacities from among African jurists of proven
integrity and of recognized practical, judicial or academic competence and experience in
the field of human rights. 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. The President of
the Court resides and works on a full time basis at the seat of the Court, while the other
ten (10) judges work on a part-time basis. In the accomplishment of his duties, the
President is assisted by a Registrar who performs registry, managerial and administrative
functions of the Court.
Operations
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, where the
Government of the Republic has provided it with temporary premises pending the
construction of a permanent structure. Between 2006 and 2008, the Court dealt principally
with operational and administrative issues, including the development of the structure of
the Court's Registry, preparation of its budget and drafting of its Interim Rules of
Procedure. In 2008, during the Court's Ninth Ordinary Session, judges of the Court
provisionally adopted the Interim Rules of the Court pending consultation with the African
Commission on Human and Peoples' Rights, based in Banjul, the Gambia in order to
harmonize their rules to achieve the purpose of the provisions of the Protocol establishing
the Court, which requires that the two institutions must harmonize their respective Rules
so as to achieve the intended complementarity between the African Court on Human and
Peoples Rights and the African Commission on Human and Peoples Rights. This
harmonization process was completed in April 2010 and in June 2010, the Court adopted
its final Rules of Court.

THE COMMISSION
The Commission is the Secretariat of the Union entrusted with executive functions. It is
composed of 10 Officials: A Chairperson, a Deputy Chairperson; Eight (8) Commissioners

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and Staff members. The structure represents the Union and protects its interest under the
auspices of the Assembly of Heads of State and Government as well as the
Executive Committee. The AU Commission is made up of Portfolios. They are: Peace
and Security; Political Affairs; Trade and Industry; Infrastructure and Energy; Social Affairs;
Rural Economy and Agriculture; Human Resources, Science and Technology; and Economic
Affairs.
MISSION AND VALUES OF THE AFRICAN UNION COMMISSION
The mission of the Commission is become An efficient and value-adding institution driving
the African integration and development process in close collaboration with African Union
Member States, the Regional Economic Communities and African citizens.
The values to guide and govern the functioning and operations of the Commission are:
Respect for diversity and team work;
Think Africa above all;
Transparency and accountability;
Integrity and impartiality;
Efficiency and professionalism; and
Information and knowledge sharing.
The Commission will endeavour to fulfil its Mission by developing clear goals and
strategies. The values indicated above will constitute the basis on which the AUC will
achieve its Mission. They will also encourage the development of a service culture for the
entire organization.
The Commission will be guided by the following principles:
Subsidiarity and complementarity with other Organs, Member States and RECs;
Results orientation, feasibility and impact focus;
Close coordination and cooperation with the RECs;
Coherence of policies and programmes; and
A networking approach that takes advantage of available resources through other
players.
Guided by these values and principles, the Commission will endeavour to achieve its
Mission through implementation of clear goals and strategies and by committing the
requisite resources for effective discharge of its mandate. This would require the AUC
presenting specific proposals to give full effect to its texts, and bring new possibilities and
benefits to the citizens of Africa.

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, after being ratified by the required majority of
Member States of the AU. It is made up of fifteen Member States. In order to fully assume
its responsibilities for the deployment of peace keeping and quick intervention Missions to
assist in cases of genocide, war crimes and crimes against humanity, the Peace and
Security Council could consult a Panel of the Wise comprising of five African personalities
so as to take action on the distribution of the military on the field.

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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.

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 Heaquarters 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 intergration 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.

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