The aus constitutive act, which entered into force in may 2001, outlines the organizations vi sion of conflict management. An important related concept within the au is the principle of members nonindifference to atrocities and other egregious violations of provisions of the au constitutive act. List of african union military interventions wikipedia. Protocol to the constitutive act establishing the african union 102 6. The president of the peoples democratic republic of algeria 2. The african unions transition from nonintervention to non. We, heads of state and government of the member states of the. At the time this paper was completed, only mauritania 28 july 2008 and ethiopia 6 january 2009 had done so. The official inauguration of the au took place in july 2002, in. Aus core objectives is to defend the sovereignty, territorial integrity and independence of its member states4, the organization in a attempt to redress the weakness of the oau gives the union the right to intervene in a member state pursuant to a decision of the assembly in 4 article 3 1 constitutive act of the african union. 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. Statement by representatives of african civil society and. Report of the african union election observation mission to the 21 may 2019 tripartite elections in the republic of malawi. Under article 11 of the protocol to the au constitutive act, the official languages of the au and all its institutions are arabic.
The constitutive act of the au provides an unprecedented right to intervene in a member state under article 4h, where it provides as a principle of the au. The constitutive act of the african union, african courts. 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. African convention on the conservation of nature and natural resources, 2003 5. The african unions conflict management capabilities. The statutory responsibilities and related assurances to abide by the rule of law are part of wider au efforts to counter the threats to peace and security, particularly those arising from armed conflicts associated with electoral. Evaluation of the african unions right of intervention african journal of conflict resolution 2009 vol. The african unions transition from nonintervention to.
This research will fill the gap in the literature on western sahara and the au by highlighting the aus role as an international organization upholding western saharas claim of independence. The african unions role in western saharas claim of. Herein is a list of military interventions taken by the african union in its member states in. The constitutive act of the african union represents a serious commitment to the pro motion and protection of human rights, at least in comparison to the charter of the organi zation of african unity oau charter. Social groups, professional groups, nongovernmental organizations ngos, communitybased and cultural organizations, as well as african. African unionunited nations 64 au regional economic communitiesregional mechanisms 65 au transregional and extraregional organizations 65 appendix a. It commits au members to accelerate political and economic integra. How are these components to be specified and prioritised. Implementing the responsibility to protect doctrine in. Charter of the organization of african unity oau 41 2. Constitutive act of the african union, adopted 11th july 2000. The au is created in a world with multiple international. Draft articles on the law of transboundary aquifers, 2008 7. African union, protocol on the amendments to the constitutive act of the african union maputo, 11 july 2003 paragraph 4h.
One of the main considerations for the establishment of the au was the oaus strict adherence to the principle of nonintervention. Constitutive act of the au, the rules of procedures of the assembly of heads of state and government and the lome solemn declaration on unconstitutional changes of government, the participation of togo in the activities of au is suspended until such a time when constitutional legality is restored in that country. As already mentioned, the african union has the primary responsibility for establishing and operationalizing the continents peace and security architecture. Au heads of state and government at their july 2004 summit. Helsinki rules on the uses of the waters of international rivers, 1967 6. The constitutive act of the african union sets out the codified framework under which the.
The african union has the power to militarily intervene on behalf of its member states as laid out in article 4h of the constitutive act of the african union, in respect of grave circumstances, namely. Article 4h of the constitutive act of the african union grants the au the right to intervene in any member country pursuant to a decision of the assembly in respect of grave circumstances. But the specific powers and duties of these institutions need to be determined, along with the sequencing of their establishment. 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. In the sdgea, the leaders reaffirmed their commitment to. The constitutive act of the african union, african courts and. Treaty establishing the african economic community 48 3. The amendment of article 4h is disputed amongst au member states. Constitutive act of the au, the rules of procedures of the assembly of heads of state and government and the lome solemn declaration on unconstitutional changes of government, the participation of togo in the activities of au is suspended until such a time when.
Those provisions, contained in the au constitutive act, have together. In terms of policy, this means that african countries have agreed to 10. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. Pdf icon constitutive act of the african union fr protocol on amendments to the.
Constitutive act of the african union african union. 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. This research will fill the gap in the literature on western sahara and the au by highlighting the au s role as an international organization upholding western saharas claim of independence. 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. A pdf version of this book is available on the au website. There are a number of provisions in the constitutive act that address the promotion of democracy. 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. When a state ratifies the constitutive act, it formally becomes a member of the au.
The president of the peoples democratic republic of algeria. They include the adoption of article 4 l of the constitutive act of the african union which enshrined the parity principle, the protocol to the african charter on human and peoples rights on the rights of women in africa and the solemn declaration on gender. We, heads of state and government of the member states of the organization of african unity oau. It entered into force after two thirds of the 53 signatory states ratified the convention. Nkrumahism, agenda 2063, and the role of intergovernmental institutions in fasttracking continental unity babatunde fagbayibo journal of asian and african studies 2017 53. The constitutive act of the african union has identified the component institutions of the union. The right of intervention under the african unions. The african union and the united nations recognize the essential role of regional institutions, as elaborated in chapter viii of the charter, and seek to strengthen collaboration in the implementation of the 2030 agenda and agenda 2063 in accordance with the constitutive act of the african union and the purpose and principles of the charter. The au constitutive act solemnises the declaration by africas leaders to. The legality of the african unions right to intervention. Constitutive act of the african union fr constitutive act of the african union po status list en treaty category tags. However, it is now time for these two neighbours, with their rich and complex history, to forge a new and stronger partnership that builds on their new identities and renewed institutions, capitalises on.
A pdf version of this book is available on the websites above. The right of intervention under the african unions constitutive act. Implementing the responsibility to protect doctrine in africa. The african union project was born in sirte in 1999 with the decision to draft an act of constitution. In addition, since the au constitutive act of 2000 expressly condemns and rejects impunity and pledges to take practical measures against it, discordant voices that cast. The au constitutive act, in fact, granted african heads of state a collective right to intervene.
Research papers from the 67 african peace missions program ii world peace foundation. Reiterating the inherent african custom and tradition of hospitality. 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. The constitutive act of the african union, african. African states have been committed to the fair, independent, impartial and effective. The african union au was established by the african union constitutive act in 2000 to address the shortcomings of its predecessor the organisation for african unity oau. Pdf african union and conflict resolution in africa. African union gender policy united states institute of peace.
African governance architecture aga 1 3 2 the african governance architecture aga is inspired by the constitutive act of the african union au that expresses the aus determination to promote and protect human and peoples rights, consolidate democratic institutions and culture and ensure good governance and the rule of law. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. Also conscious of the suffering and specific vulnerability of internally displaced persons. African unionunited nations 64 auregional economic communitiesregional mechanisms 65 autransregional and extraregional organizations 65 appendix a. As of late 2010, it had been ratified by approximately 20 member states and therefore had yet to come into force. Having considered the proposal by the great socialist peoples libyan arab jamahiriya on. Conscious of the gravity of the situation of internally displaced persons as a source of continuing instability and tension for african states. The adoption of the constitutive act of the african union au in july 2000 as well as the protocol relating to the establishment of the peace and security council marked a new chapter in the. While the au seeks to partner with recs in the execution.
The au s constitutive act was subsequently signed in lome, togo, on july 11, 2000. The collapse of oau due to transformation and the birth of the african union in 2002 do not diminish the influence of this african new bride with respect to the au constitutive act, it grants the concept of sovereignty its prime place not only by reasons of the restatement of. The african union au needs to adequately address the needs and aspirations of citizens in the implementation of its progressive normative framework on unconstitutional changes. The african union and the challenge of unconstitutional. Statement by representatives of african civil society and the. Report of the international commission on intervention and state sovereignty iciss. Report of the international commission on intervention and state sovereignty iciss the responsibility to. Constitutive act of the african union, adopted july 11, 2000, oau doc. The african union au needs to adequately address the needs and aspirations of citizens in the implementation of its progressive normative framework on. Nkrumahism, agenda 2063, and the role of intergovernmental. See also au constitutive act, third preambular paragraph. African union and conflict resolution in africa article pdf available in mediterranean journal of social sciences 527. African charter on human and peoples rights, 27th june 1981 4.
1100 824 1262 1120 341 1179 1119 777 1150 1410 1436 991 1460 453 1123 562 1245 1416 1002 1415 1127 1338 889 332 525 292 1463 79 1116 1015 615 772 1087 949 537 678 1122 695 308 1309 8 1255 737 1056 662 793 128