Constitutive rules, language, and ontology 03 2009 final. South africa deposited its instrument of ratification of the constitutive act of the african union on 23 april 2001 with the oau general secretariat and became the 35th member state to do so. We have scrutinised the above mentioned protocol on the amendments to the african union constitutive act and found it in compliance with international law practice. Any company needs to be incorporated with a notary public or commissioner for oaths, the deed is called the constitutive act and you need to state. The african union is hereby established in accordance with the provisions of this act. South africas ratification as one of these 36 member states means that it is a founding member of the african union. Policy briefing human rights protection mechanisms in. 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. Constitutive act of the african union infogalactic.
Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. The african union au is a continental union consisting of 55 member states located on the continent of africa. Appointing the members and their shareholdings, appointing the board and parents and the specific powers they confer, the duration of the company. The african unions transition from nonintervention to. 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. The constitutive act makes the assembly of the union, one of its ten organs, 23 composed of heads of state and government or their duly accredited representatives, the supreme organ of the union under article 62. 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.
The impact of moroccos admission to the african union on. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. Its predecessor, the organisation for african unity oau founded 50 years ago, in 1963 also established several mechanisms for the promotion of human rights. The right of intervention under the african unions constitutive act. Convinced that the african union is a community of member states which decided, among other things, to adopt an african union nonaggression and common defence pact in order to deal with threats to peace, security and stability in the continent and to ensure the well being of the african peoples. The official inauguration of the au took place in july 2002, in durban, south africa, and represented the next level in the evolution of. When a state ratifies the constitutive act, it formally becomes a member of the au. Departments and officials according to the constitutive act, the auc, which is the functional secretariat of the au is composed of a chairperson, hisher deputyies, commissioners and staff. 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 responsibility to protect, as enshrined in article 4. Maluwa, the constitutive act of the african union and postcolonial institutionbuilding in africa, 16 leiden jil 2003 p. 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 constitutive act of the african union 271 tegrity which are more states rights than human or peoples rights.
The organization, simply called the african union union, comprises, among other institutions, the panafrican. Even if the text of the au constitutive act is considered insufficient or equivocal in this regard, given the considerable mandate the body has been given by its member states, those advocating for the binding nature of assembly decisions could rely on the doctrine of. The african journal of international and comparative law restarted publication with eup in 2005, with the approval of the african society of international and comparative law. Some preliminary reflections on the constitutive act of the african union, 9 african yil 2001 p. Constitutive act of the african union wikisource, the. Towards effective collective security and human rights. The aus constitutive act was subsequently signed in lome, togo, on july 11, 2000. Lastly, it remains unclear whether the au constitutive act adopts, if any, a statehood recognition theory. The constitutive act of the african union and institution. The au has been heralded as a trailblazer of r2p, enshrining its attendant principles in the unions 2000 constitutive act, five years before the emerging norms adoption by world leaders at the 2005 world. The move to the african union after the failure of the oau to meet its promises, african states called for the creation of the african union au at an extraordinary summit in sirte, libya, on september 9, 1999, under the leadership of president muammar algaddafi. The constitutive act of the african union, african courts. The official inauguration of the au took place in july 2002, in. An act cannot be described as an institutional act if the rules of the relevant institution are not in place.
The african union and the responsibility to protect. Union means the african union established by the present constitutive act. The president of the peoples democratic republic of algeria 2. Contrary to the question of the recognition of governments, where the au has a settled practice on nonrecognition of unconstitutional governments, its practice concerning the. Chapter 5 constitutive approaches flashcards quizlet. 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. The problem with africa on october 15, 2000, when i was first asked to discuss democracy and child labor in africa, i immediately recalled an article entitled hopeless africa in the may 2000 issue of the economist. The au was announced in the sirte declaration in sirte, libya, on 9 september 1999, calling for the establishment of the african union. Constitutif act of african union 4 peoples libyan arab jamahiriya, on 9. The origins and development of the african union s. Accordingly, with respect to activities or policies of collective concern, the african union commands supreme sovereign authority.
The obligation of african union states to implement icc. Report of the african union election observation mission to the 21 may 2019 tripartite elections in the republic of malawi. This quest can be traced to the panafricanist movement that. The protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. In this respect it is also noted that cabinet approved south africas signature and ratification of the act.
Mr ramgobin anc suggested that the committee report should be circulated to all other parties. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. Core principles of the constitutive act of the african union 15 mediation principles within the african union constitutive act 15. The bloc was founded on 26 may 2001 in addis ababa, ethiopia, and launched on 9 july 2002 in durban, south africa. 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. African union nonaggression and common defence pact. 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. Although there have been cases of article 4htype interventions in africa, the au assembly has not yet invoked article 4h. The first meeting resulted in the sitre declaration of 9 september 1999.
To that end, the two presidents emphasised that with her admission into the african union, morocco has an obligation to adhere to the principles and goals enshrined in the african union constitutive act, especially the need to respect borders as they existed at the time of independence. Protocol on amendments to the constitutive act of the. The au is a new development of the nearly fortyyearold organization of african unity oau. 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 protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member. The second phase of the sitre meeting took place between 12 march 2001, which led to the adoption of the constitutive act of the african union. Constitutive act of the african union african union. The obligation of african union states to implement icc arrest warrants. Constitutive act of the african union fr constitutive act of the african union po status list en treaty category tags. For instance, an act can only be adequately described as an act of stealing a base if the rules that constitute baseball apply rawls 1955, 25. Broadly, the commission initiates policy and budget proposals for consideration by other au organs and is. See the report of the secretary general on the implementation of the sitre decision on the african union eahgdec. The african union au is a union composed of most of the countries on the african continent, designed, in part, to unite and strengthen the position of these countries in the world.
The african union project was born in sirte in 1999 with the decision to draft an act of constitution. The right of intervention under the african unions. Considering the constitutive act of the african union and the treaty establishing the african economic community, as well as the charter of the. Constitutive act of the african union african journal of. In march 2001 the assembly of heads of state and government of the organisation of african unity oau, meeting in extraordinary session in sirte, libya declared the establishment of a new pan african body, the african union union. 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.
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