African union legal instrument page1 african union convention on cyber security and personal data protection preamble the member states of the african union. 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. Secretarygeneral of the organization of african unity. It entered into force after two thirds of the 53 signatory states ratified the convention. Au constitutive act southeast regional model african union. It will raise a number of questions, including how the right of intervention is to be understood and why the heads of state and government thought it necessary to include it in the constitutive act, the only the author is legal adviser to the african union. The principles enshrined in the charter of the united nations, the constitutive act of the african union and the treaties and charters creating the african regional economic communities. The african union is hereby established in accordance with the provisions of this act. The role of the african union continental early warning system in preventing mass atrocities, john mark iyi 12. With the establishment of the african union, africa has entered a new phase which precludes adoption of any provision that may pave the way for a division and a split. The launching of the african union and its constitutive act in 2002 was seen as a milestone in the evolution of the continents peace and security architecture and the beginning of a promising era. When a state ratifies the constitutive act, it formally becomes a member of the au.
African union common position on an arms trade treaty. The case under the constitutive act of the african union submitted in partial fulfillment of the degree of masters of law in international law by luis xavier chuquela prepared under the supervision of professor charles manga fombad at the faculty of law, university of pretoria november 2011. Achieve greater unity and solidarity between african countries and their the people. Read statutes of the commission of the african union assau2i d, african journal of international and comparative law on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips.
Explanatory memorandum on the constitutive act of the african union constitutive act of the african union legal opinion by the chief state law advisor, international law minutes mr w. The author examines the articles historical background and the principal objectives and underlying motivations of this major exception to the principle of territorial sovereignty, as well as. It is common knowledge that in africa the issue of the protection of human rights and fundamental freedoms has long been considered not an issue of the first priority and in any case as the exclusive province of states. The act was subsequently amended by the protocol on amendment to the constitutive act of the african union. However, while the footprint of the oau is still strong, the au constitutive act and protocols.
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. Thus, two months after the adoption of the constitutive act of the african union, the economist could still insist that libyas ruler dreams of a united. Constitutive act of the african union fr constitutive act of the african union po status list en treaty category tags. Union means the african union established by the present constitutive act. In a revolutionary article the constitutive act of the african union provides for the right of the union, in cases of war crimes, genocide and crimes against humanity, to intervene in a member state. The african union is hereby established in accordance with provisions of this act. The role of the african standby force in implementing article 4h, charles t. Although there have been cases of article 4htype interventions in africa, the au assembly has not yet invoked article 4h. The constitutive act of the african union 271 tegrity which are more states rights than human or peoples rights.
We, heads of state and government of the member states of the organization of african unity oau. However, so far, only one intergovernmental organization, the african union au, has explicitly made the right to intervene in a member state part of its foundational text in article 4h of its constitutive act. The role of the african peace and security architecture in implementation of article 4h, tim murithi 11. African union convention on cybersecurity and personal. Mr ramgobin anc suggested that the committee report should be circulated to all other parties. The protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. The constitutive act of the african union and institution. The views expressed in this article are entirely those of. Abbreviations african union member state names unless otherwise noted, the full names on the left are as listed in the african union au constitutive act of 2000, plus the republic of south sudan. It then examines the constitutive act of the african union 2000 to analyse the extent to which r2p is enshrined and implicated in this document. Constitutive act of the african union the faculty of law.
The new african union and its constitutive act volume 96 issue 2 corinne a. Heshe shall also, with the collaboration of the chairperson of the commission, carry out the functions of the assembly set out in article 9e and g of the act. The right of intervention under the african unions constitutive act. The member states of the african union are the 55 sovereign states that have ratified or acceded to the constitutive act of the african union to become member states to the african union au. 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. Considering that this convention on the establishment of a legal framework for cybersecurity and personal data protection embodies the.
The oau was established on 25 may 1963 in addis ababa, on signature of the oau charter by representatives of 32 governments. The au was the successor to the organisation of african unity oau, and au. Constitutive act of the african unionafrican union. The right of intervention under the african unions. Constitutive act of the african union we, the heads of state and government of the member states of the organization of the african unity oau. Inspired by the noble ideals which guided the founding fathers of our continental organization and generations of panafricanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples. The african union project was born in sirte in 1999 with the decision to draft an act of constitution. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. Following this event, a decision declaring the establishment of the african union, based on. Constitutive act of the african union wikisource, the. The charter that created the oau was the result of several multinational african conferences held in the 1950s and 1960s aimed at supporting africans. Au constitutive act we, heads of state and government of the member states of the organization of african unity oau. The african union by makaria green the african union au was established on july 8, 2001. The constitutive act of the african union recognizes the right of the union to.
The charter of oau and constitutive act of african union. The aus constitutive act was subsequently signed in lome, togo, on july 11, 2000. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. A pdf version of this book is available on the websites above.
The african union agrees that an arms trade treaty shall be based on the following principles. Article 2 establishment the african union is hereby established in accordance with the provisions of this act. Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. 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. Constitutive act of the african union page 1 african. See proposed amendments to articles of the constitutive act of the african union proposed by the great socialist peoples libyan arab jamahiriya, ahg238 xxxviii, p. In the international arena, sovereignty becomes a secondorder norm and it is not as it used to be. The african union, too, has revisited the concept of sovereignty. The african union au needs to adequately address the needs and aspirations of citizens in the implementation of its progressive normative framework on. The new african union and its constitutive act american journal of. The president of the peoples democratic republic of algeria. On this date, the constitutive act of the african union entered into force,2 representing the start of a new political, judicial, and. Pdf sovereignty and intervention under the constitutive. The chairperson shall represent the union, during hisher tenure with a view to promoting the objectives and principles of the african union as stipulated in articles 3 and 4 of the act.
Nhlapo, deputydirector general in the chief directorate of the african affairs in the ministry of foreign affairs gave a briefing on the current state of affairs. The constitutive act of the african union, african courts. Constitutive act of the african union african union. Parliament means the panafrican parliament of the union. Constitutive act of the african union 2000 protocol on amendments to the constitutive act of the african union links to the african union organs, agencies and instruments. Its predecessor was the organization for african unity oauestablished in 1963. The african union was carved out of a previously existing organisation called the organisation of african unity oau.
Report of the african union election observation mission to the 21 may 2019 tripartite elections in the republic of malawi. Article 3 objectives the objectives of the union shall be to. The african unions transition from nonintervention to. Guided by the constitutive act of the african union adopted in 2000. 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. 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 president of the peoples democratic republic of algeria 2. 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.
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