[Title] Constitutive Act of the African Union (AU)

Adopted : 11 July 2000

〔Preamble〕(…)

Article 1 (Definitions) (…)

Article 2 (Establishment) The African Union is hereby established in according with the provisions of this Act.

Article 3 (Objectives) The objectives of the Union shall be to :

(a) achieve greater unity and solidarity between the African countries and the peoples of Africa ;　

(b) defend the sovereignty, territorial integrity and independence of its Member States ;

(c) accelerate the political and socio-economic integration of the continent ;

(d) promote and defend African common positions on issues of interest to the continent and its peoples ;

(e) encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights ;

(f) promote peace, security, and stability on the continent ;

(g) promote democratic principles and institutions, popular participation and good governance ;

(h) promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments ;

(i) ensure the effective participation of women in decision-making, particularly in the political, economic and socio-cultural areas ;

(j) establish the necessary conditions which enable the continue to play its rightful role in the global economy and in international negotiations ;

(k) promote sustainable development at the economic, social and cultural levels as well as the integration of African economies ;

(l) promote co-operation in all fields of human activity to raise the living standards of African peoples ;

(m) coordinate and harmonize the policies between the existing and future Regional Economic Communities for the gradual attainment of the objective of the Union ;

(n) advance the development of the continent by promoting research in all fields, in particular in science and technology ;

(o) work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.

(p) develop and promote common policies on trade, defence and foreign relations to ensure the defence of the Continent and the strengthening of its negotiating positions ;

(q) invite and encourage the full participation of the African Diaspora as an important part of our Continent, in the building of the African Union.

Article 4 (Principles) The Union shall function in accordance with the following principles :

(a) sovereign equality and interdependence among Member State of the Union ;

(b) respect of borders existing on achievement of independence ;

(c) participation of the African peoples in the activities of the Union ;

(d) establishment of a common defence policy for the African Continent ;

(e) peaceful resolution of conflicts among Member States of the Union through such appropriate means as may be decided upon by the Assembly ;

(f) prohibition of the use of force or threat to use force among Member States of the Union ;

(g) non-interference by any Member State in the internal affairs of another ;

(h) the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely : war crimes, genocide and crimes against humanity ;

(i) peaceful co-existence of Member States and their right to live in peace and security ;

(j) the right of Member States to request intervention from the Union in order to restore peace and security ;

(k) promotion of self-reliance within the framework of the Union ;

(l) promotion of gender equality ;

(m) respect for democratic principles, human rights, the rule of law and good governance ;

(n) promotion of social justice to ensure balanced economic development ;

(o) respect for the sanctity of human life, condemnation and rejection of impunity and political assassination, acts of terrorism and subversive activities ;

(p) condemnation and rejection of unconstitutional changes of governments.

(q) restraint by any Member State from entering into any treaty or alliance that is incompatible with the principles and objectives of the Union ;

(r) prohibition of any Member State from allowing the use of its territory as a base for subversion against another Member State.

Article 5 (Organs of the Union) 1. The organs of the Union shall be :

(a) The Assembly of the Union ;

(b) The Executive Council ;

(c) The Pan-African Parliament ;

(d) The Court of Justice ;

(e) The Commission ;

(f) The Peace and Security Council

(g) The Permanent Representatives Committee ;

(h) The Specialized Technical Committees ;

(i) The Economic, Social and Cultural Council ;

(j) The Financial Institutions ;

2. Other organs that the Assembly may decide to establish.

Article 6 (The Assembly) 1. The Assembly shall be composed of Heads of States and Government of their duly accredited representatives.

2. The Assembly shall be the supreme organ of the Union.

3. The Assembly shall meet at least once a year in ordinary session.

4. At the initiative of the Chairperson after due consultation with all Member States, or at the request of any Member State and upon approval by two-thirds majority of Member States, the Assembly shall meet in Extraordinary Session.

5. The Assembly shall elect its Chairperson from among the Heads of State or Government at the beginning of each ordinary session and on the basis of rotation for a period of one year renewable.

6. The Chairperson shall be assisted by a Bureau chosen by the Assembly on the basis of equitable geographical representation.

7. Where the Assembly meets at the Headquarters, an election of the Chairperson shall be held taking into account the principle of rotation.

Article 7 (Decisions of the Assembly) 1. The Assembly shall take its decisions by consensus or, failing which, by a two-thirds majority of the Member States of the Union. However, procedural matters, including the question of whether a matter is one of procedure or not, shall be decides by a simple majority.

2. Two-thirds of the total membership of the Union shall form a quorum at any meeting of the Assembly.

Article 7 (bis) (Function of the Chairperson of the Assembly)

1. The Chairperson shall represent the Union, during his/her tenure with a view to promoting the objectives and principles of the African Union as stipulated in Articles 3 and 4 of the Act. He/She shall also, with the collaboration of the Chairperson of the Commission, carry out the functions of the Assembly set out in Article 9 (e) and (g) of the Act.

2. The Chairperson may convene the meeting of the other organs through their Chairpersons of Chief Executives and in accordance with their respective Rules of Procedure.

Article 8 (Rules of Procedure of the Assembly) The Assembly shall adopt its own Rules of Procedure.

Article 9 (Powers and Functions of the Assembly) 1. The functions of the Assembly shall be to :

(a) determine the common policies of the Union ;

(b) receive, consider and take decisions on reports and recommendations from the other organs of the Union ;

(c) consider requests for Membership of the Union ;

(d) establish any organ of the Union ;

(e) monitor the implementation of policies and decisions of the Union as well ensure compliance by all Member States ;

(f) adopt the budget of the Union ;

(g) give directives to the Executive Council on the management of conflicts, war and other emergency situations and the restoration of peace ;

(h) appoint and terminate the appointment of the judges of the Court of Justice ;

(i) appoint the Chairperson of the Commission and his or her deputy or deputies and Commissioners of the Commission and determine their functions and terms of office.

2. The Assembly may delegate any of its powers and functions to any organ of the Union.

Article 10 (The Executive Council) 1. The Executive Council shall be composed of the Ministers of Foreign Affairs or such other Ministers or Authorities as are designated by the Governments of Member States.

2. The Executive Council shall meet at least twice a year in ordinary session. It shall also meet in an extraordinary session at the request of any Member State and upon approval by two-thirds of all Member States.

3. The Chairperson of the Executive Council shall be assisted by a Bureau chosen by the Executive Council on the basis of equitable geographical representation

Article 11 (Decisions of the Executive Council) 1. The Executive Council shall take its decisions by consensus or, failing which, by a two-thirds majority of the Member States. However, procedural matters, including the question of whether a matter is one of procedure or not, shall be decided by a simple majority.

2. Two-thirds of the total membership of the Union shall form a quorum at any meeting of the Executive Council.

Article 12 (Rules of Procedure of the Executive Council) The Executive Council shall adopt its own Rules of Procedure.

Article 13 (Functions of the Executive Council) 1. The Executive Council shall coordinate and take decisions on policies in areas of common interest to the Member States, including the following :

(a) foreign trade ;

(b) energy, industry and mineral resources ;

(c) food, agricultural and animal resources, livestock production and forestry ;

(d) water resources and irrigation ;

(e) environmental protection, humanitarian action and disaster response and relief ;

(f) transport and communications ;

(g) insurance ;

(h) education, culture, health and human resources development ;

(i) science and technology ;

(j) nationality, residency and immigration matters ;

(k) social security, including the formulation of mother and child care policies, as well as policies relating to the disabled and the handicapped ;

(l) establishment of a system of African awards, medals and prizes.

2. The Executive Council shall be responsible to the Assembly. It shall consider issues referred to it and monitor the implementation of policies formulated by the Assembly.

3. The Executive Council may delegate any of its powers and functions mentioned in paragraph 1 of this Article to the Specialized Technical Committees established under Article 14 of this Act.

Article 14〜Article 16 (…)

Article 17 (The Pan-African Parliament)

1. In order to ensure the full participation of African peoples in the development and economic integration of the continent, a Pan-African Parliament shall be established.

2. The composition, powers, functions and organization of the Pan-African Parliament shall be defined in a protocol relating thereto.

Article 18 (The Court of Justice) 1. A Court of Justice of the Union shall be established ;

2. The statute, composition and functions of the Court of Justice shall be defined in a protocol relating thereto.

Article 19 (The Financial Institutions) The Union shall have the following financial institutions whose rules and regulations shall be defined in protocols relating thereto :

(a) The African Central Bank ;

(b) The African Monetary Fund ;

(c) The African Investment Bank.

Article 20 (The Commission) 1. There shall be established a Commission of the Union, which shall be the Secretariat of the Union.

2. The Commission shall be composed of the Chairperson, his or her deputy or deputies and the Commissioners. They shall be assisted by the necessary staff for the smooth functioning of the Commission.

3. The structure, functions and regulations of the Commission shall be determined by the Assembly.

Article 20 bis (Peace and Security Council)

1. There is hereby established, a Peace and Security Council (PSC) of the Union, which shall be the standing decision-making organ for the prevention, management and resolution of conflicts.

2. The functions, powers, composition and organization of the PSC shall be determined by the Assembly and set out in a protocol relating thereto.

Article 21 (The Permanent Representatives Committee) 1. There shall be established a Permanent Representatives Committee. It shall be composed of Permanent Representatives to the Union and other Plenipotentiaries of Member States.

2. The Permanent Representatives Committee shall be charged with the responsibility of preparing the work of the Executive Council and acting on the Executive Council’s instructions. It may set up such subcommittees or working groups as it may deem necessary.

3. The Chairperson of the Permanent Representative Committee shall be assisted by a Bureau chosen on the basis of equitable geographical representation.

Article 22 (The Economic, Social and Cultural Council) 1. The Economic, Social and Cultural Council shall be an advisory organ composed of different social and professional groups of the Member States of the Union.

2. The functions, powers, composition and organization of the Economic, Social and Cultural Council shall be determined by the Assembly.

Article 23 (Imposition of Sanctions) 1. The Assembly shall determine the appropriate sanctions to be imposed on any Member State that defaults in the payment of its contributions to the budget of the Union in the following manner : denial of the right to speak at meetings, to vote, to present candidates for any position or post within the Union or to benefit from any activity or commitments, therefrom ;

2. Furthermore, any Member State that fails to comply with the decisions and policies of the Union may be subjected to other sanctions, such as the denial of transport and communications links with other Member States, and other measures of a political and economic nature to be determined by the Assembly.

Article 24 (The Headquarters of the Union) 1. The Headquarters of the Union shall be in Addis Ababa in the Federal Democratic Republic of Ethiopia.

2. There may be established such other offices of the Union as the Assembly may, on the recommendation of the Executive Council, determine.

Article 25〜Article 29(…)

Article 30 (Suspension) Governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union.

Article 31〜Article 32 (…)