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Addendum
to the Report of the Special Session of the Council of
Ministers on the African Union
8 July 2002
Durban, South Africa
SP/CM/AU/Rpt
Resuming the debate on
the interim period issue, at the time of the adoption
of the Report, the Chairman recalled that in the
discussions the previous day, there were two
interpretations of the cumulative effect of the
Assembly Decision of Lusaka and Article 33 of the
Constitutive Act. The first interpretation was that
Articles 33(1) and 33(4) solved the problem in that
the OAU Secretariat would be the interim Secretariat
pending the establishment of the Commission.
Consequently, there was a generally accepted view that
what was required now were interim arrangements,
particularly as regards the establishment of the
Commission, since the other three key organs were
virtually in place.
The other interpretation was that
since the transition period ends on the 9th
of July 2002, and the African Union comes into being
on the same day, Council would have to propose new
arrangements and modalities for managing the interim
period. The Chairman stressed that the issue was more
political than legal, and that, therefore, further
reflection was called for. Thereafter he opened the
matter for discussion.
In the ensuing discussions, all
delegations congratulated the Secretary General and
his team for the commendable work carried out in the
preparation of the basic texts of the four key organs,
which would make the launching of the African Union
possible.
Some of the major issues and
observations that emerged from the deliberations were
the following:
- that the one-year mandate given by the Assembly
to the Secretary General to implement the Lusaka
Decision on the African Union ends with the end of
the transition period;
- there was need to establish clear priorities for
the interim period:
- the establishment of the Commission;
- appointment of the Chairperson of the
Commission, the Deputy Chairperson, and the
Commissioners;
- finalization of the structure of the
Commission and appointment of senior management;
On the duration of the interim
period, there were two main views. The first view was
that the interim period should be for a period not
exceeding one year, with a clearly marked calendar and
programme of activities to complete the above
priorities. Different permutations on the management
of the interim period were proffered. Among these were
to:
- designate the Secretary General as interim
Chairperson, and the Assistant Secretaries General
as interim Commissioners, so as to allow them to
complete the agreed priority tasks;
- elect the Chairman of the Commission, and the
Deputy Chairperson within six months, and entrust
them with the task of completing the priority
tasks within the remaining six months, so that by
the time of the next Ordinary Session of the
Assembly, all the key organs would be in place.
The other view was that the interim
period should be for six months, with the following
variations:
- appoint the present Secretary General as the
interim Chairperson of the Commission for six
months to complete arrangements for the election
of the Chairperson, Deputy Chairperson, and the
Commissioners;
- elect the Chairperson and Deputy Chairperson at
an Extraordinary Session of the Assembly.
To this end, the Secretariat should
immediately initiate the selection process in
accordance with the Rules of Procedure of the
Assembly, once adopted.
In conclusion, the Chairman stated
that Council had had a very rich and insightful debate
in which 27 delegations had taken the floor. He
summarized the conclusions of the deliberations as
follows:
- Council congratulated and expressed its
appreciation to the Secretary General, the
Assistant Secretaries General and the staff of the
General Secretariat for the excellent work done
and for their dedication and commitment to the
cause of the African Union which had made the
launching of the African Union possible. To this
end, the Chairman proposed that a motion of thanks
and encouragement should be issued by the Assembly
to the Secretary General, to the Assistant
Secretaries General, and to the entire staff of
the General Secretariat;
- Council agreed that the transition period would
be over on the 9th of July 2002;
- Council agreed that what was required was an
interim period to allow completion of the priority
tasks related to the establishment of the
Commission, namely, election of the Chairperson,
the Deputy Chairperson, the Commissioners, and the
structure;
- Council had considered the issue of the duration
of the interim period. While a number of
delegations had been in favour of a twelve-month
interim period, other delegations had spoken in
favour of a six-month period. The Chairman felt
that Council should recommend to the Assembly, in
accordance with Article 33(4) of the Constitutive
Act, an interim period of one year, in view of the
arguments adduced;
- Council agreed to retain the Secretary General,
the Assistant Secretaries General and the staff of
the General Secretariat of the OAU as the interim
Commission;
- Council urged that the interim Commission should
do everything to complete the structure of the
Commission and the appointment of the members of
the Commission within that period.
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