The african union is thus an institutional manifestation of the desire for integration okhonmina 2009. The constitutive act of the african union marks a new era in institutionbuilding in postcolonial africa. Union means the african union established by the present constitutive act. Principles of the african union africa encyclopedia of law. The right of intervention under the african unions. In burundi, the first test of the aus ability to better deliver than its predecessor. South africa, in july 2002, the assembly stressed the need for a common african defence and security policy in the context of the constitutive act of the african union.
Constitutive act of the african union wikisource, the free. On the 11th of july, 2000, the constitutive act was signed in lome, togo. The african union was officially inaugurated at the 38th, and last, assembly of the heads of state and government of the oau, meeting in durban, south africa, on 910 july 2002. South africas ratification as one of these 36 member states means that it is a founding member of the african union. Pdf this paper undertakes a comparative analysis of african union and its counterpart, european union eu. Comparatively, the objectives of the african union, as contained in the constitutive act, are to.
The charter of oau and constitutive act of african union. The african union and its radical stance towards human rights. 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. Separation is permissible under african union constitutive act. It is the premier african human rights body, with responsibility for monitoring and promoting compliance with the african. 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. 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. 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 is conceived as an aspect of africas response to the challenges of globalisation and regional integration. 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. Update by ufuoma lamikanra hauser global law school program, new york university school of law.
The african union, too, has revisited the concept of sovereignty. Pdf this paper assesses the emergence of the responsibility to protect r2p. 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. Instrument of ratification deposited on 23 april 2001. The new african union and its constitutive act volume 96 issue 2 corinne a. The constitutive act, amended in january 2007 at addis ababa, ethiopia, in princi.
Analyze the various african union instruments by taking relevant cases. Legalizing the responsibility to protect the former chair of the african union commission, president alpha oumar konare, advocated a move from a culture of nonintervention to a culture of nonindifference. The assembly further requested its chairman to establish a group of experts to examine all aspects related to the establishment of such a common african defence and security policy and submit their recommendations thereon, for the consideration of its next ordinary session. Agenda 2063 is the blueprint and master plan for transforming africa into the global powerhouse of the future.
The constitutive act of the african union 271 tegrity which are more states rights than human or peoples rights. The views expressed in this article are entirely those of the author and do not reflect the views of the african union. While offering no extensive examination of all the core provisions of the constitutive act, particular attention has been paid to some key principles. African union, constitutive act public international law. A pdf version of this book is available on the african union website. 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. Secondly, the issue of whether the act is consistent with international law and south africas international obligations, requires examination. A pdf version of this book is available on the websites above. 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.
The official inauguration of the au took place in july 2002, in durban, south africa, and. 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 new african union and its constitutive act american. 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 we, heads of.
The au constitutive act solemnises the declaration by africas leaders to. The constitutive act of the african union, african courts. 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. Ambition versus reality crisis group africa briefing n122 nairobibrussels, 28 september 2016 i. Africa and the responsibility to protect article 4h of the african union constitutive act, 1st edition. 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. In contrast to the limited publication policy when the full text of an agreement may not be reproduced in the unts in its entirety, the objective of applying the partial publication method to a particular situation is to speed up the publishing effort by e.
In this respect it is also noted that cabinet approved south africa s signature and ratification of the act. An appraisal of the constitutive act of the african union. The african union and the burundi crisis ambition versus. In darfur, the au found itself with a test case that it was illequipped and under. Its predecessor was the organization for african unity oauestablished in 1963. 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. Following a brief discussion of the genesis of this norm, it. Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. 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. There have been a number of transformations from noninterference with. Article 3 objectives the objectives of the union shall be to. The african unions transition from nonintervention to.
Ppt the african union powerpoint presentation free to. Comprehensive nucleartestban treaty organization ctbto, which was expected to be. The oau was established on 25 may 1963 in addis ababa, on signature of the oau charter by representatives of 32 governments. After its usual range of conflict management tools failed to stem the burundian crisis, the au commission and peace and security council tried a new type of military compellence by invoking article 4h of the union s constitutive act. Identify the sources of african union law by giving appropriate examples. Constitutive act of african union and other treaties. The act was subsequently amended by the protocol on amendment to the constitutive act of the african union. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. The new african union and its constitutive act american journal of. Article 2 establishment the african union is hereby established in accordance with the provisions of this act. Constitutive act of the african union infogalactic. 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.
The president of the peoples democratic republic of algeria the president of the republic of angola. Overview african leaders january 2016 decision not to endorse deployment of a 5,000strong. The responsibility to protect, as enshrined in article 4 of the constitutive act of the african union tim murithi this paper assesses the emergence of the responsibility to protect r2p as an international relations norm. The african unions transition from nonintervention to non. 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. It looks at various doctrinal and practical issues pertaining to either the continents progress towards an effective and strong continental integration. 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. It is composed of social and professional groups in member states civil society and has an advisory role to all organs of the union art. Although there have been cases of article 4htype interventions in africa, the au assembly has not yet invoked article 4h. It is conceived as an aspect of africa s response to the challenges of globalisation and regional integration. Article 2 in the first paragraph of the preamble to the constitutive act, the replacement of the. 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. On this date, the constitutive act of the african union entered into force,2 representing the start of a new political, judicial, and economic organization for africa.
It entered into force after two thirds of the 53 signatory states ratified the convention. The constitutive act of the african union recognizes the right of the union to. Pdf sovereignty and intervention under the constitutive. Pdf article 4h of the constitutive act of the african union au establishes the right of the union to intervene in a member state to prevent. The charter that created the oau was the result of several multinational african conferences held in the 1950s and 1960s aimed at supporting africans. Those provisions, contained in the au constitutive act, have together. The president of the peoples democratic republic of algeria. The responsibility to protect, as enshrined in article 4. Under article 3 of the constitutive act of the african union 2000 and the protocol to. Protocol on amendments to the constitutive act of the african union the member states of the african union states parties to the constitutive act of the african union have agreed to adopt amendments to the constitutive act as follows.
The act, whioch came into force on 26 may 2001, replaces the charter of the organization of african unity. Charter accepts separation because no people can consciously form a union with another country to assume the status of slaves or subhumans. The african union is hereby established in accordance with provisions of this act. The new african union and its constitutive act may 26, 2001, marked the turning of a page in the history of the african continent.
The history and development of the african union panorama. South africa signed the constitutive act on 8 september 2000. 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 african union project was born in sirte in 1999 with the decision to draft an act of constitution. Constitutive act of the african union african union. Article 4h of the constitutive act of the african union au establishes the right of the union to intervene in a member state to prevent grave violations of human rights. In 2002, in durban, south africa, the official inauguration of the african union took place.
However, while the footprint of the oau is still strong, the au constitutive act and protocols. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. 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. Theories of state compliance with international law. Mr ramgobin anc suggested that the committee report should be circulated to all other parties.
Parliament means the pan african parliament of the union. Considering that the constitutive act of the african union recognizes that freedom, equality, justice, peace and dignity are essential objectives for. South africa s ratification as one of these 36 member states means that it is a founding member of the african union. Analysis of the implementation of the african unions 0. Union chairperson means chairperson of the assembly court means the court of justice of the union and court of justice has the same meaning union means.
The right of the union to intervene in a member state pursuant to a decision of the assembly in respect of grave circumstances, namely. 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 constitutive act of the african union represents a serious commitment to the pro. Protocol on amendments to the constitutive act english ve. In the international arena, sovereignty becomes a secondorder norm and it is not as it used to be. A comparative analysis of the african charter on human and peoples rights and the constitutive act of the african union is drawn from the key clauses. In this respect it is also noted that cabinet approved south africas signature and ratification of the act. Pdf the responsibility to protect, as enshrined in article 4 of the. Pdf icon constitutive act of the african union fr protocol on amendments to the. This paper explores some of the founding principles of the african union au and the frameworks devised to implement them. Comprehensive nuclear testban treaty organization ctbto, which was expected to be. The right of intervention under the african union s constitutive act. The african union by makaria green the african union au was established on july 8, 2001. The aus constitutive act was subsequently signed in lome, togo, on july 11, 2000.
The protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. 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. The african union was carved out of a previously existing organisation called the organisation of african unity oau. It then examines the constitutive act of the african union 2000 to analyse the. Adopted by the thirtysixth ordinary session of the assembly of heads of states and governments 11 july, 2000 lome, togo excerpts preamble. The constitutive act of the african union and institution. The objectives and principles of the african union by girmachew alemu aneme. The constitutive act of the african union, african courts and. Articles 3 and 4 of the constitutive act of the african union au enumerate the objectives and principles of the regional or. Apr 04, 2009 accordingly, with respect to activities or policies of collective concern, the african union commands supreme sovereign authority over the national sovereignty of the individual member states.
When a state ratifies the constitutive act, it formally becomes a member of the au. 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 union and african renaissance commonlii. In this respect, article 4 of the constitutive act provides that the african union shall function in accordance with the following principles. Constitutive act of the african union the faculty of law.
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