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Draft Protocol of the
Constitutive Act of the African Union in line with the Economic,
Social and Cultural Council
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PREAMBLE
Member states of the African Union,
- Considering the objectives and principles stated in the Constitutive
Act of the African Union,
- Considering in particular the provisions of article 22 of the said Act.
- Remembering the efforts made by African Civil Society Organisations
to participate in the edification of a united, peaceful and prosperous
Africa,
- Guided by the necessity to install an efficient partnership between
governments of Member States of the Union and all the components of the
civil society,
- Convinced of the necessity to associate national representatives of
civil society organisations in the process of elaboration, follow-up and
evaluation of economic, social and cultural programs of the Union,
- Convinced that popular participation in the establishment of the African
Union is a guarantee for success,
- Agree on the following:
Chapter 1. Council Attributions
Article 1: - The Economic, Social and Cultural Council is a Consultative
Organ of the
Union.
- It is also referred to as the Panafrican Council.
Article 2: In this capacity, the Panafrican Council.
- Carries out all studies proposed by the Conference, the Executive Council,
the Commission, the Panafrican Parliament and any other organ of the Union
and submits its proposals within the time limit.
- Promotes and animates popular participation in view of realising the
objectives of the African Economic Community.
- Follow-up and evaluates regularly the economic, social and cultural
activities of the Union and submits reports and proposals to the Conference,
the Executive Council, the Commission, the Panafrican Parliament and any
other organ of the union.
- Initiates from its own chief, all proposals aimed at ameliorating the
life of the Union and submits them to the conference, the Executive Council,
the Commission, the Panafrican Parliament and any other organ of the Union.
Such proposals should be done prior to the formal support of the simple
majority of National Forums of the Civil Society of Member States.
- Stimulate, promote and animate the Panafrican commitment of African
peoples through national activities of Panafrican Councillors.
Article 3: The Panafrican Council can assume any other attributions
decided on by the
Conference,
Chapter II. Membership, Organisation and Functioning
Article 4: Members of the Panafrican Council are called "Panafrican
Councillors".
- The Panafrican Council is made up of all Panafrican Councillors stemming
from National Forums of the Civil Society of Member States of the Union.
Article 5: - The National Forum of the Civil Society is the structure
through which Civil Society Organisations of each member State, are endowed
to handle their internal affairs and participate efficiently in the activities
of the Union.
Article 6: - Texts governing each National Forum of the Civil
Society be in should conformity
with this protocol.
- The Council recognises only one National Forum of the Civil Society
legally authorised by each member State.
Article 7: - Representation of National Forums of the Civil Society
is based on:
a- social groups such as women, Youths, Elderly persons, Underprivileged
persons.
b- the Professional Corps such as artists, medical doctors, lawyers, etc.
c- NGO's
d- Syndicates and patronages, etc
e- Traditional authorities, intellectuals.
Article 8 : - Representation from the different socio professional
groupings determined on the basis of the principal economic, social and
cultural sectors of the Civil Society takes into consideration the relative
number of inhabitants of member States.
- Panafrican Councillors, whose number varies between 15 to 30 per country
are redistributed as follows:
- Less than 10 million inhabitants: 20 councillors
- Between 10 and 20 million inhabitants: 20 Councillors
- Between 20 and 30 million inhabitants: 25 Councillors
- More than 30 million inhabitants: 30 Councillors.
Article 9: Sessions of the Council are made up of five Panafrican
Councillors per
member State chosen in accordance with the technical competencies on the
agenda.
Article 10: Incompatibilities
The functions of the Panafrican Councillors are incompatible with:
- The exercise of Executive or Judicial functions in a member State of
the Union.
- The Status of workers of the Union, a Regional or Sub-Regional Economic
Community, an African or international intergovernment organisation,
- Parliamentary Status.
Article 11: -The mandate of Panafrican Councillors is 4 years.
It is renewable.
Article 12: - Panafrican Councillors enjoy diplomatic immunity
on the soil of every member State.
Article 13: -The Council holds two sessions a year at the headquarters
of the Union. However, a session could be held in a member State on the
invitation of the latter. The maximum duration of a session is 21 days.
Article 14: - An extraordinary session could be held on the convocation
of the Bureau or 2/3 of National Forums of the Civil Society,
-The Secretariat of the African Economic Community is also the Secretariat
of the Councils' sessions.
Article 15:- To ensure its smooth functioning, the Council adopts
its own by-laws.
Article 16: -The budget of the Council is inscribed in the budget
of the African Economic Community.
Article 17: -The Councils' Bureau
- During its first session at the beginning of the mandate, the Council
elects its Bureau, made up of a President, five Vice Presidents representing
the five regions of Africa as defined by the OAU, a Secretary and two
Vice Secretaries.
- The first session of the first mandate shall be presided over by the
President of the Commission, assisted by the Vice President in charge
of the African Economic Community.
- The mandate of members of the Bureau is the same as that of the Council.
Article 18: The Bureau is responsible for the management and administration
of the Council.
Article 19: The Council enjoys observer status within the other
organs of the Union
Chapter III: Transitory Disposition
Article 20: The OAU General Secretariat shall take appropriate
measures to facilitate the participation of the entire African Civil Society
at the final phase of the elaboration of this protocol.
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