The constitutive act of the african union, african courts. Find, read and cite all the research you need on researchgate. The african union and its radical stance towards human. The eu as a model for the african union archive of european. The constitutive act of the african union, african courts and. The institution and instrument was built by aus member states, bureaucrats and.
The african union, too, has revisited the concept of sovereignty. The role of the african standby force in implementing article 4h, charles t. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. In 2004 the aus panafrican parliament was inaugurated, and the organization agreed to create a. Nov 23, 2015 continental efforts in preventing and combating terrorism have a long history.
The african unions transition from nonintervention to. The phenomenon of soft law has generated significant debate, and controversy, in international legal scholarship. 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 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. Pdf the role of the african union in continental peace and.
Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. Nevertheless, soft law instruments remain an increasingly important feature of norm generation in international society. 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. We, heads of state and government of the member states of the organization of african unity oau.
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. African union, protocol on the amendments to the constitutive act of the african union maputo, 11 july 2003 paragraph 4h. Constitutive act of the african union wikisource, the free. Chapter 2 overview of the development of the african union 24 2. The african union by makaria green the african union au was established on july 8, 2001. The african union and its radical stance towards human rights. Constitutive act of the african union is also evaluated against the need to correct africas governance deficiencies and ambiguity in honoring regional agreements. In the international arena, sovereignty becomes a secondorder norm and it is not as it used to be. The full names on the left in the following list are the official names of member states as of 1 september 2019. The constitutive act of the african union recognizes the right of the union to. Constitutive act of the african union, adopted july 11, 2000, oau doc.
The african union counter terrorism framework african union. The method of data collection majorly relied on what au did in form of resolutions, letters and other. The right of intervention under the african unions constitutive act. The african union counter terrorism framework african. South africa the first chairperson of the african union. 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.
Mr ramgobin anc suggested that the committee report should be circulated to all other parties. The constitutive act of the african union attains the legal requirement for entering into force apr. See also au constitutive act, third preambular paragraph. 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. As the process of european integration evolves further, the jean monnet robert. Defend the sovereignty, territorial integrity and independence of its member states. Constitutive act of the african union the faculty of law. It looks at various doctrinal and practical issues pertaining to either the continents progress towards an effective and strong continental integration.
It is the premier african human rights body, with responsibility for monitoring and promoting compliance with the african. A pdf version of this book is available on the websites above. African union member state names and abbreviations. The organization, simply called the african union union, comprises, among other institutions, the panafrican. The president of the peoples democratic republic of algeria 2.
After a transition period, the african union replaced the oau in july 2002. The constitutive act was adopted by the assembly of heads of state. The charter that created the oau was the result of several multinational african conferences held in the 1950s and 1960s aimed at supporting africans. Statute of the african union commission on international.
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 african union and regional integration in africa. It entered into force after two thirds of the 53 signatory states ratified the convention. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. The study on transitional justice and human and peoples rights in africa is the.
A pdf version of this book is available on the au website. The abbreviations are the names used in this handbook. Challenges to the rule of aw in africa 7 executive summary the workshop on challenges to the rule of law in africa took place on 12 april 2016 in pretoria, south africa. The african union was carved out of a previously existing organisation called the organisation 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. As of late 2010, it had been ratified by approximately 20 member states and therefore had yet to come into force. When a state ratifies the constitutive act, it formally becomes a member of the au. Constitutive act of the african union african union. 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. Union means the african union established by the present constitutive act. Analyze the various african union instruments by taking relevant cases. The new african union and its constitutive act american. South africa signed the constitutive act on 8 september 2000. The ideal of african unity can be traced back to the nineteenth century, when the idea of panafricanism first gained traction.
The african unions response to the libyan crisis of 2011. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule. 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 protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. Its predecessor was the organization for african unity oauestablished in 1963. African union a discussion of the role and performance of the african union your official name degree title, university, 20xx thesis submitted in partial fulfilment of the requirements for the degree of name of program name of university last month of quarter you plan to graduate 20xx. 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. 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. African union declaration on the principles governing democratic elections in africa, ahgdecl. 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 aec treaty of abuja 1991 and the constitutive act of the au 2000 might be the. The prc should facilitate communication between the african union and national capitals, and act as an advisory body to the executive council, and not as a supervisory body of the commission. Constitutive act of the african union adopted 11 july 2000, entered into force 26 may 2001.
Putting structures in place which will be able to deliver on the scope of the constitutive act. The list also shows the date of joining the african union au or its predecessor, the organization of african unity oau. 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. Identify the sources of african union law by giving appropriate examples. We, the heads of state and government of the organization of african unity, meeting in durban, south africa, at the 38th ordinary session of the assembly of the oau, have considered the report of the secretary general on strengthening the role of the oau in. Constitutive act of african union and other treaties. This paper explores some of the founding principles of the african union au and the frameworks devised to implement them. An overview, 2003 3 african journal of human rights law journal 222. Constitutive act of the african union wikisource, the.
The study draws on tj literature, the various experiences of tj as peculiar. The amendment of article 4h is disputed amongst au member states. A case study, in oau after thirty years, supra note, at 27. Continental efforts in preventing and combating terrorism have a long history. A concerted effort to give effect to all decisions by the assembly and the executive council. The study also reflects on the historical operations of the oau visavis the new. The role of african union in dealing with the problems of.
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 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. Pdf the role of the african union in continental peace. Achieve greater unity and solidarity between african countries and their the people. The chairman of the commission shall, upon receipt of such notification, transmit copies thereof to. Instrument of ratification deposited on 23 april 2001. The african union project was born in sirte in 1999 with the decision to draft an act of constitution. Article 3 objectives the objectives of the union shall be to. 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. Article 2 establishment the african union is hereby established in accordance with the provisions of this act. 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. Naldi, the panafrican parliament of the african union.
The role of the african union continental early warning system in preventing mass atrocities, john mark iyi 12. 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 aus constitutive act was subsequently signed in lome, togo, on july 11, 2000. 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. Available formats pdf please select a format to send. The au assembly decided in july 2016 that a study on institutional reform of the union. Union means the african union established by the present constitutive. The role of the african peace and security architecture in implementation of article 4h, tim murithi 11.
Constitutif act of african union 4 peoples libyan arab jamahiriya, on 9. 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. African union a discussion of the role and performance of the african union your official name degree title, university, 20xx thesis submitted in partial fulfilment of the requirements for the degree of name of program name of university last month of. The chairman of the commission shall, upon receipt of such notification, transmit copies thereof to all member states. 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. 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. Ppt the african union powerpoint presentation free to. Statute of the african union commission on international law. 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.
Protocol on amendments to the constitutive act of the african union adopted on 3 february 2003 and 11 july 2003. Sovereignty and intervention under the constitutive act of. African union intergovernmental organization, africa. In 1992, the organization of african unity oau, meeting at its 28th ordinary session, held in dakar, senegal, adopted a resolution on the strengthening of cooperation and coordination among african states ahgres. The right of intervention under the african unions.
886 611 1335 162 244 1363 1157 43 564 216 51 1499 1127 492 530 435 1103 537 375 719 1011 1013 362 179 1184 672 1130 271 476 19 1411 567 292 1399 1281 411 318 972 1052 303 182 847 462 1401 867 457 1155 362 885