To commemorate this important milestone, each day, we will feature one document from our archive of resources dating back to 1963. 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. The right of intervention under the african unions. Protocol on amendments to the constitutive act of the. Constitutive act of african union and other treaties. Report of the african union election observation mission to the 21 may 2019 tripartite elections in the republic of malawi. Considering that since its inception, the organization of african unity has played a determining and invaluable role in the liberation of the continent, the affirmation of a common identity and the process of attainment of the unity of our continent and has provided a unique framework for our collective action in africa and in our relations with the rest of the world.
In the international arena, sovereignty becomes a secondorder norm and it is not as it used to be. Briefing on constitutive act of african union chairperson. The charter of oau and constitutive act of african union. 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. 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.
Constitutive act of the african union this year marks the 50th anniversary of the oau. The new african union and its constitutive act may 26, 2001, marked the turning of a page in the history of the african continent. African union, constitutive act of the major reference. The right of intervention under the african unions constitutive act. 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. The african unions transition from nonintervention to. We, heads of state and government of the member states of the organization of african unity oau. 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. Au 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 was the codified framework by which the african union would conduct itself, it was signed in 2000 at lome, togo. 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. Sovereignty and intervention under the constitutive act of. If youre looking for a free download links of africa and the responsibility to protect. Use the link below to share a fulltext version of this article with your friends and colleagues.
While offering no extensive examination of all the core provisions of the constitutive act, particular attention has been paid to some key principles. The act, whioch came into force on 26 may 2001, replaces the charter of the organization of african unity. When a state ratifies the constitutive act, it formally becomes a member of the au. It entered into force after two thirds of the 53 signatory states ratified the convention. The protocol shall enter into force thirty days after the deposit of instruments of ratification by a twothirds majority of the member states. The au constitutive act has been described as a unique expression of political will of african leaders that has led to adopting ambitious policies 49 and to establishing institutions. In terms of policy, this means that african countries have agreed to 10. Article 4h of the african union constitutive act pdf, epub, docx and torrent then this site is not for you. While the practical application of the constitutive act is yet to be seen, it is a bold step, which will equip the peoples of africa in pressing for good governance and accountability, respect.
The african union constitutive act and the african union commission strategic plan 20042007 give due priority to youth development and empowerment. The names on the right are abbreviations used in this handbook. Inspired by the noble ideals which guided the founding fathers of our continental organization and generations of panafricanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples. The phenomenon of soft law has generated significant debate, and controversy, in international legal scholarship. The responsibility to protect, as enshrined in article 4. South africas ratification as one of these 36 member states means that it is a founding member of the african union. Excerpted from constitutive act of the african union on wikipedia, the free encyclopedia. Au constitutive act southeast regional model african union. The african union is hereby established in accordance with the provisions of this act. 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. The president of the peoples democratic republic of algeria.
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. Constitutive act of the african union fr constitutive act of the african union po status list en treaty category tags. African union roosvelt street old airport area w21k19 addis ababa, ethiopia about au common repository contact us send feedback help guide toggle navigation. It will enable the au to deliver on its promise of intervention to protect. Constitutive act of the african union african union. The constitutive act of the african union, african courts.
The constitutive act of the african union recognizes the right of the union to. Assembly means the assembly of heads of state and government of the. Constitutive act, and to discuss the limits of the comparison between the au and. 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. It is argued that the african union represents a significant departure from the political, legal, and institutional framework of the oau, and is predicated on a range of principles that reflect. Click on the print button below and select the pdf option under. As already mentioned, the african union has the primary responsibility for establishing and operationalizing the continents peace and security architecture. Constitutive act of the african union we, heads of state and government of the member states of the organization of african unity oau. The african standby forces a solution to african conflicts. For example, the constitutive act of the african union5 article 3, page 6 refers explicitly to coordination and harmonization. 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 advisory board on corruption is an autonomous organ established within the african union au, in terms of article 22 of the african union convention on.
Constitutive act of the african union wikisource, the. Pdf the responsibility to protect, as enshrined in article 4 of the. Although there have been cases of article 4htype interventions in africa, the au assembly has not yet invoked article 4h. It then examines the constitutive act of the african union 2000 to analyse the extent to which r2p is enshrined and implicated in this document. Nevertheless, soft law instruments remain an increasingly important feature of norm generation in international society. The african union au was established on july 8, 2001. The eu as a model for the african union archive of european. The act was subsequently amended by the protocol on amendment to the constitutive act of the african union. Constitutive act of the african unionafrican union.
The constitutive act of the african union shows a departure from traditional africas fear of freedom for the peoples from their own home rule. On this date, the constitutive act of the african union entered into force,2 representing the start of a new political, judicial, and. Constitutive act of 2000, plus the republic of south sudan, which joined the au in 2011. 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 constitutive act of the african union sets out the codified framework under which the african union is to conduct itself. Explanatory memorandum on the constitutive act of the african union constitutive act of the african union legal opinion by the chief state law advisor, international law. The constitutive act of the african union sets out the codified framework under which the. 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. The president of the peoples democratic republic of algeria 2. Constitutive act of the african union, adopted july 11, 2000, oau doc. The state law advisers international law have been requested to comment on whether ratification of the constitutive act of the african union the au act will have implications for, or conflict with, south africas international obligations to the southern african development community sadc or the european union eu.
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