Treaty establishing the african economic community 48 3. The african union and the challenge of unconstitutional. The african unions role in western saharas claim of. But the specific powers and duties of these institutions need to be determined, along with the sequencing of their establishment. 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. Also conscious of the suffering and specific vulnerability of internally displaced persons. One of the main considerations for the establishment of the au was the oaus strict adherence to the principle of nonintervention. The au constitutive act solemnises the declaration by africas leaders to. We, heads of state and government of the member states of the. Herein is a list of military interventions taken by the african union in its member states in. Constitutive act of the african union fr constitutive act of the african union po status list en treaty category tags. Charter of the organization of african unity oau 41 2. African union and conflict resolution in africa article pdf available in mediterranean journal of social sciences 527.
The right of intervention under the african unions. Report of the african union election observation mission to the 21 may 2019 tripartite elections in the republic of malawi. Implementing the responsibility to protect doctrine in africa. The constitutive act of the african union sets out the codified framework under which the african union is to conduct itself.
The president of the peoples democratic republic of algeria 2. Draft articles on the law of transboundary aquifers, 2008 7. The african union project was born in sirte in 1999 with the decision to draft an act of constitution. Pdf icon constitutive act of the african union fr protocol on amendments to the. Au heads of state and government at their july 2004 summit. The au is created in a world with multiple international. 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. 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. Evaluation of the african unions right of intervention african journal of conflict resolution 2009 vol. African states have been committed to the fair, independent, impartial and effective. Constitutive act of the african union, adopted july 11, 2000, oau doc.
The african unions conflict management capabilities. 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. In terms of policy, this means that african countries have agreed to 10. 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. 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. Statement by representatives of african civil society and the. The au s constitutive act was subsequently signed in lome, togo, on july 11, 2000. See also au constitutive act, third preambular paragraph. It commits au members to accelerate political and economic integra. As already mentioned, the african union has the primary responsibility for establishing and operationalizing the continents peace and security architecture. 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.
Social groups, professional groups, nongovernmental organizations ngos, communitybased and cultural organizations, as well as african. Report of the international commission on intervention and state sovereignty iciss the responsibility to. 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 constitutive act of the african union, african courts. We, heads of state and government of the member states of the organization of african unity oau. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. A pdf version of this book is available on the websites above. Specifically, its functions include peace support operations and intervention pursuant to article 4h and j of the constitutive act. 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.
In the sdgea, the leaders reaffirmed their commitment to. 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. 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. It entered into force after two thirds of the 53 signatory states ratified the convention. 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. At the time this paper was completed, only mauritania 28 july 2008 and ethiopia 6 january 2009 had done so. Research papers from the 67 african peace missions program ii world peace foundation. Having considered the proposal by the great socialist peoples libyan arab jamahiriya on. Pdf african union and conflict resolution in africa. 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. Those provisions, contained in the au constitutive act, have together. 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. African charter on human and peoples rights, 27th june 1981 4. Statement by representatives of african civil society and.
A pdf version of this book is available on the au website. Under article 11 of the protocol to the au constitutive act, the official languages of the au and all its institutions are arabic. African unionunited nations 64 auregional economic communitiesregional mechanisms 65 autransregional and extraregional organizations 65 appendix a. 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.
List of african union military interventions wikipedia. Nkrumahism, agenda 2063, and the role of intergovernmental. 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 constitutive act of the african union, african. 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. Th e constitutive act of the au is the third instrument dealing with the subject matter at the continental level. The constitutive act of the african union has identified the component institutions of the union. 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. Helsinki rules on the uses of the waters of international rivers, 1967 6. Conscious of the gravity of the situation of internally displaced persons as a source of continuing instability and tension for african states. Constitutive act of the african union african union. When a state ratifies the constitutive act, it formally becomes a member of the au.
Protocol to the constitutive act establishing the african union 102 6. 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. The african unions transition from nonintervention to. As of late 2010, it had been ratified by approximately 20 member states and therefore had yet to come into force. 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. African union, protocol on the amendments to the constitutive act of the african union maputo, 11 july 2003 paragraph 4h. The african unions transition from nonintervention to non. The constitutive act of the african union, african courts and.
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 official inauguration of the au took place in july 2002, in. How are these components to be specified and prioritised. The right of intervention under the african unions constitutive act. Reiterating the inherent african custom and tradition of hospitality. The aus constitutive act, which entered into force in may 2001, outlines the organizations vi sion of conflict management. The constitutive act of the african union sets out the codified framework under which the. There are a number of provisions in the constitutive act that address the promotion of democracy. Nkrumahism, agenda 2063, and the role of intergovernmental institutions in fasttracking continental unity babatunde fagbayibo journal of asian and african studies 2017 53. 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. While the au seeks to partner with recs in the execution.
African convention on the conservation of nature and natural resources, 2003 5. Implementing the responsibility to protect doctrine in. Constitutive act of the african union, adopted 11th july 2000. The amendment of article 4h is disputed amongst au member states.
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 president of the peoples democratic republic of algeria. 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 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.
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