AU2002: AEC/Abuja Treaty Ch10-22

Documents and speeches

Documents and speeches

Background documents

OAU summit/council documents

Media releases

Speeches

Durban summit documents

Programme

Key South African documents

Treaty establishing the African Economic Community (AEC) - Part 4

Table of Contents

Preamble
Chapter I Definitions
Chapter II Establishment, Principles Objectives, General Undertakings and Modalities
Chapter III Organs of the Community
Chapter IV Regional Economic Communities
Chapter V Customs Union and Liberalisation of Trade
Chapter VI Free Movement of Persons, Rights of Residence and Establishment
Chapter VII Money, Finance and Payments
Chapter VIII Food and Agriculture
Chapter IX Industry, Science, Technology, Survey, National Resources and Environment
Chapter X Transport, Communications and Tourism
Chapter XI Standardisation and Measurement Systems
Chapter XII Education, Training and Culture
Chapter XIII Human Resources, Social Affairs, Health and Population
Chapter XIV Co-operation in Other Matters
Chapter XV Special Provisions in respect of certain countries
Chapter XVI Solidarity, Development and Compensation Fund
Chapter XVII Financial Provisions
Chapter XVIII Settlement of Disputes
Chapter XIX Relations between the Community and Regional Economic Communities, Regional, Continental Organisations and Other Socio-Economic Organisations and Associations
Chapter XX Relations between the Community, Third States and International Organisations
Chapter XXI Relations between Member States, Third States, Regional and Sub-Regional Organisations and International Organisations
Chapter XXII Miscellaneous Provisions

Chapter X
Transport, Communication and Tourism

Article 61
Transport and Communications

1. In order to achieve a harmonious and integrated development of the continental transport and communications network, Member States shall undertake to:

Promote the integration of transport and communications infrastructure;
Coordinate the various modes of transport in order to increase their efficiency;
Harmonize progressively their rules and regulations relating to transport and communications;
Encourage the use of local material and human resources, standardisation of networks and equipment, research and the popularisation of infrastructural construction techniques as well as adapted equipment and materials;
Expand, modernize and maintain transport and communications infrastructures by means of mobilising the necessary technological and financial resources;
Promote the creation of regional industries for the production of transport and communications equipment; and
Organize, structure and promote, at regional and Community levels, passenger and goods transport services.

2. To this end, Member States shall:

Draw up co-ordinated programmes to restructure the road transport sector for purposes of establishing inter-State links and the construction of major transcontinental trunk roads;
Prepare plans to improve, re-organize and standardise the various rail networks of Member States with a view to their inter-connection and construct new railways as part of a Pan-African network;
Harmonize:
1. Their policies on maritime, inter-State lake and river transport;
2. Their air transport policies;
3. Their programmes on the training and further training of specialised cadres in transport and communications;
Modernize and standardise their transport and communications equipment in order to permit Member States to be linked with one another and with the outside world;
Promote proper integration of air transport in Africa and coordinate flight schedules; and
Coordinate and harmonize their transport policies at regional and Community levels in order to eliminate non-physical barriers that hamper the free movement of goods, services and persons.

Article 62
Community Enterprises in the Field of Transport

1. Member States shall encourage the establishment of Community and African multinational enterprises in the fields of maritime, rail, road, inland waterways and air transport.

2. The expression "Community and multinational enterprises" and the legal status thereof shall be as defined in the relevant Protocol.

Article 63
Posts and Telecommunications

1. In the field of Posts, Member States undertake to:

Establish a Pan-African Postal Network;
Adopt a policy of rationalisation and maximisation of conveyance of mail;
Ensure that the Post has a legal status, an efficient management system and the resources necessary for providing reliable services to meet customer demands; and
Create customer-oriented and competitive services.

2. In the field of Telecommunications, Member States shall:

Develop, modernize, coordinate and standardise their national telecommunications networks in order to provide reliable inter-connection among Member States;
Establish a Pan-African Telecommunications Network and ensure its utilisation and maintenance;
Establish a Pan-African system of communications by satellite in order to improve telecommunications, particularly in rural areas.

3. Member States further undertake to provide efficient and regular Post and Telecommunication services within the Community, and to develop close collaboration among Post and Telecommunications administrations.

4. In order to attain the objectives set out in this Article, Member States shall also encourage the establishment of private companies for post and telecommunications services.

Article 64
Broadcasting

1. Member States undertake to:

Coordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral, regional and continental levels;
Encourage the establishment of programme exchange centres at regional and continental levels. In this connection, Member States shall strengthen the activities and operations of existing programme exchange centres; and
Use their broadcasting and television systems in order to further close co-operation and better understanding among their peoples and, in particular, to promote the objectives of the Community.

2. Member States further undertake to collect, disseminate and exchange meteorological information at the continental level, particularly with regard to the development of early warning systems for the prevention of natural disasters and for ensuring safety in aerial, coastal and inland navigation.

Article 65
Tourism

1. For the purpose of ensuring the harmonious and profitable development of tourism in Africa, Member States undertake to:

Strengthen intra-African co-operation in tourism, particularly through:
1. The promotion of intra-African tourism;
2. The harmonisation and co-ordination of tourism development policies, plans and programmes; and
3. Joint promotion of tourism products representing Africa's natural and socio-cultural values.
Promote the establishment of efficient tourism enterprises adapted to the needs of the African people and attractive to foreign tourists, through:
1. The adoption of measures designed to promote investment in tourism with a view to the establishment of competitive African tourist enterprises;
2. Adoption of measures designed to develop and utilise human resources for tourism in Africa; and
3. Strengthening or establishment of high-level tourism training institutions where necessary.

2. Member States shall adopt all requisite measures for the development of African tourism that takes due account of the human and natural environment and the well-being of the African peoples and which contribute effectively to the implementation of the continent's political and socio-economic integration and development.

Article 66
Protocol on Transport, Communication and Tourism

For the purposes of this Chapter, Member States undertake to cooperate in accordance with the provisions of the Protocol on Transport, Communications and Tourism.

Chapter XI
Standardisation and Measurement Systems

Article 67
Common Policy on Standardisation and Measurement Systems

1. Member States agree to:

Adopt a common policy on standardisation and quality assurance of goods and services among Member States;
Undertake such other related activities in standardisation and measurement systems that are likely to promote trade, economic development and integration within the Community; and
Strengthen African national, regional and continental organisations operating in this field.

2. For the purposes of this Chapter, Member States agree to cooperate in accordance with the provisions of the Protocol concerning Standardisation, Quality Assurance and Measurement Systems.

Chapter XII
Education, Training and Culture

Article 68
Education and Training

1. Member States shall strengthen co-operation among themselves in the field of education and training and coordinate and harmonize their policies in this field for the purpose of training persons capable of fostering the changes necessary for enhancing social progress and the development of the sports and leisure activities; and

Promote and develop sports programmes and activities at all levels as factors of integration.

Article 70
Protocol on Education, Training and Culture

For the purposes of this Chapter, Member States agree to cooperate in accordance with the provisions of the Protocol on Education, Training and Culture.

Chapter XIII
Human Resources, Social Affairs, Health and Population

Article 71
Human Resources

1. Member States agree to cooperate with a view to developing, planning and utilising their human resources.

2. To this end, they undertake to:

Adopt and promote a common policy on planning, programming, professional training and harmonize their employment and income policies;
Coordinate their policies and activities in the fields of training, planning and career guidance and counselling;
Improve their information and recruitment services in order to facilitate, in particular, the search for, and recruitment of African experts;
Encourage consultancy agencies to promote the use of African experts and the development of local consultancy services; and
Adopt employment policies that shall allow the free movement of persons within the Community by strengthening and establishing labour exchanges aimed at facilitating the employment of available skilled manpower of one Member State in other Member States where there are shortages of skilled manpower.

Article 72
Social Affairs

1. Member States agree to ensure the full participation and rational utilisation of their human resources in their development efforts with a view to eliminating other social scourges plaguing the continent.

2. To this end they undertake to:

Encourage the exchange of experiences and information on literacy, vocational training and employment;
Harmonize gradually their labour and social security legislation with a view to eliminating poverty and promoting balanced socio-economic development within the Community;
Take necessary measures for the survival and development of the child and the protection of the child against abuse, neglect and exploitation;
Provide disabled persons with adequate training likely to facilitate their social integration and enable them contribute to the attainment of the objectives of the Community;
Create conditions conducive to the training of young school leavers, and other youth, in order to enable them to be gainfully employed;
Adopt, coordinate and harmonize their policies with a view to ensuring a decent life for the aged; and
harmonize their efforts to put an end to the illegal production, trafficking and use of narcotic drugs and psycho4ropic substances and formulate sensitization and rehabilitation programmes in this field.

Article 73
Health

1. Member States agree to promote and increase co-operation among themselves in the field of health.

2. To this end, they shall cooperate in developing primary health care, promoting medical research, particularly in the field of African traditional medicine and pharmacopoeia.

Article 74
Population and Development

1. Member States undertake to adopt, individually and collectively, national population policies and mechanisms and take all necessary measures in order to ensure a balance between population growth and socio-economic development.

2. To this end, Member States agree to:

Include population issues as central elements for formulating and implementing national policies and programmes for accelerated and balanced socio-economic development;
Formulate national population policies and establish national population institutions;
Undertake public sensitization on population matters, particularly, among the target groups; and
Collect, analyse and exchange information and data on population issues.

Article 75
Women and Development

1. Member States agree to formulate, harmonize, coordinate and establish appropriate policies and mechanisms for the full development of the African woman through the improvement of her economic, social and cultural conditions.

2. To this end, Member States shall take all measures necessary to ensure greater integration of women in development activities within the Community.

Article 76
Protocols on Human Resources, Social Affairs, Health and Population

For the purposes of this Chapter, Member States undertake to cooperate in accordance with the provisions of the Protocols on Human Resources, Social Affairs, Health and Population.

Chapter XIV
Co-operation in other fields

Articles 77
Harmonisation of policies in other fields

Subject to the provisions of this Treaty, Member States agree to consult with one another, through appropriate Community organs, for the purpose of harmonising their respective policies in other fields for the efficient functioning and development of the Community and for the implementation of the provisions of this Treaty.

Chapter XV
Special Provisions in Respect of Certain Countries

Article 78
Special Provisions in Respect of Botswana, Lesotho, Namibia and Swaziland

1. Member States, recognising the exceptional situation of Botswana, Lesotho, Namibia and Swaziland within the Community and their membership in the Southern Africa Customs Union, agree to grant them temporary exemption from the full application of certain provisions of this Treaty.

2. For this purpose, Member States shall adopt a Protocol on the Exceptional Situation of Botswana, Lesotho, Namibia and Swaziland.

Article 79
Special Provisions in respect of the Least Developed, Landlocked, Semi-Landlocked and Island Countries

1. Member States, taking into consideration the special economic and social difficulties that may arise in certain Member States and especially the least developed, land- locked, semi4and-locked and island countries, shall grant them, where appropriate, special treatment in respect of the application of certain provisions of this Treaty, and shall accord them any other assistance that they may need.

2. The special treatment and assistance referred to in paragraph 1 of this Article may consist, inter alia of:

Temporary exemptions from the full application of certain provisions of this Treaty; and
Assistance from the Fund.

3. For purposes of this Chapter, Member States agree to adopt a protocol on the situation of the least developed, land-locked, semi-land-locked and island countries.

Chapter XVI
Solidarity, Development and Compensation Fund

Article 80
Establishment

1. A Solidarity, Development and Compensation Fund of the Community is hereby established.

Article 81
Objectives and Statutes of the Fund

1. The Statutes of the Fund shall be established by the Assembly in a Protocol relating thereto.

2. The Statutes shall determine, inter alia, the objectives, the authorised capital stock, resources of the Fund, contributions of Member States, the currencies in which contributions shall be paid, the functioning, organisation and management of the Fund and any other related matters.

Chapter XVII
Financial Provisions

Article 82
Regular Budget of the Community

1. The annual regular budget of the Community, which constitutes an integral part of the OAU regular budget, shall be prepared by the Secretary-General and approved by the Assembly upon the recommendation of the Council.

2. The budget shall be funded by contributions made by Member States in accordance with the scale of assessment of the OAU. Upon the recommendation of the Council, the Assembly shall determine the conditions under which the financial contributions of Member States may be supplemented or, where necessary replaced by the proper resources of the Community.

Article 83
Special Budgets

Special budgets shall be made available, where necessary, to meet the extra-budgetary expenditure of the Community. The Assembly shall determine the contributions of Member States to special budgets of the Community.

Article 84
Sanctions Relating to Non-Payment of Contributions

1. Upon the decision of the Assembly, any Member State of the Community having arrears in the payment of its contribution to the budget of the Community, shall not have the right to vote or participate in taking decisions of the Community if the amount of its arrears is equal to, or is in excess of the contribution payable by such State for the last preceding two financial years. Such Member State shall cease to enjoy other benefits arising by virtue of this Treaty as well as the right to address meetings. In addition, it shall lose the right to present candidates for vacant posts within the Community and shall not be eligible for office in the deliberative organs of the Community. The Assembly may, where necessary, impose other sanctions on a Member State for non-payment of contributions.

2. Notwithstanding the provisions of paragraph 1 of this Article, the Assembly may suspend the application of the provisions of the said paragraph if it is satisfied, on the basis of a satisfactory explanatory report by the Member State through the Secretary-General, that the non-payment of contributions is due to causes and circumstances beyond the control of the said Member State.

3. The Assembly shall decide on the modalities for the application of this Article.

Article 85
Financial Rules and Regulations

The Financial Rules and Regulations of the OAU shall govern the application of the provisions of this Chapter.

Article 86
Board of External Auditors

The selection procedure, terms of appointment, and duties and responsibilities of the Board of External Auditors shall be defined in the financial rules and regulations.

Chapter XVIII
Settlement of disputes

Article 87
Procedure for the Settlement of Disputes

1. Any dispute regarding the interpretation of the application of the provisions of this Treaty shall be amicably settled through direct agreement by the parties to the dispute. If the parties concerned fail to settle such dispute, either party may, within a period of twelve (12) months, refer the matter to the Court of Justice.

2. The decisions of the Court of Justice shall be final and shall not be subject to appeal.

Chapter XIX
Relations between the Community and Regional Economic Communities, Regional Continental Organisations and other Socio-Economic Organisations and Associations

Article 88
Relations between the Community and Regional Economic Communities

1. The Community shall be established mainly through the co-ordination, harmonisation and progressive integration of the activities of regional economic communities.

2. Member States undertake to promote the co-ordination and harmonisation of the integration activities of regional economic communities of which they are members with the activities of the Community, it being understood that the establishment of the latter is the final objective towards which the activities of existing and future regional economic communities shall be geared.

3. To this end, the Community shall be entrusted with the co-ordination, harmonisation and evaluation of the activities of existing and future regional economic communities.

4. Member States undertake, through their respective regional economic communities, to coordinate and harmonize the activities of their sub-regional organisations, with a view to rationalising the integration process at the level of each region.

Article 89
Relations between the Community and African Continental Organisations

The Community shall closely cooperate with African continental organisations including, in particular, the African development Bank and African Centre for Monetary Studies in order to ensure the attainment of regional and continental integration objectives. It may conclude co-operation agreements with these Organisations.

Article 90
Relations between the Community and African Non-Governmental Organisations

1. The Community, in the context of mobilising the human and material resources of Africa, shall establish relations of co-operation with African Non-Governmental organisations, with a view to encouraging the involvement of the African peoples in the process of economic integration and mobilising their technical, material and financial support.

2. To this end, the Community shall set up a mechanism for consultation with such Non-Governmental organisations.

Article 91
Relations between the Community and Socio-Economic Organisations and Associations

1. The Community, in the context of mobilising the various actors of socio-economic life, shall establish relations of co-operation with socio-economic organisations and associations including mainly, producers, transport operators, workers, employers, youth, women, artisans and other professional organisations and associations with a view to ensuring their involvement in the integration process of Africa.

2. To this end, the Community shall set up a mechanism for consultation with such socio-economic organisations and associations.

CHAPTER XX
Relations between the Community, Third States and International Organisations

Article 92
Co-operation Agreements

1. The Community may conclude co-operation agreements with third States.

2. In the pursuit of its objectives, the Community shall ensure the establishment of relations of co-operation with the United Nations System, particularly, the United Nations Economic Commission for Africa, specialised agencies of the United Nations and any other international organisation, with a view to attaining the objectives of the Community.

3. Co-operation Agreements to be concluded pursuant to the provisions of Paragraphs 1 and 2 of this Article shall be submitted to the Assembly for approval upon the recommendation of the Council.

Chapter XXI
Relations between Member States, Third States, Regional and Sub-Regional Organisations and International Organisations

Article 93
Agreements concluded by Member States

1. Member States may conclude economic, technical or cultural agreements with one or several Member States, and with Third States, regional and sub-regional organisations or any other international organisation, provided that such agreements are not incompatible with the provisions of this Treaty. They shall transmit such agreements to the Secretary-General who shall inform the Council thereof.

2. In the event of incompatibility of agreements concluded, prior to the entry into force of this Treaty among Member States or between the Member States and Third States, sub-regional or regional organisations or any other international organisation, with the provisions of this Treaty, the Member State or Member States concerned shall take the appropriate steps to eliminate such incompatibility. To this end, Member States shall, where necessary, assist each other and adopt a common position.

Article 94
International Negotiations

1. Member States undertake to formulate and adopt common positions within the Community on issues relating to international negotiations in order to promote and safeguard the interests of Africa.

2. To this end, the Community shall prepare studies and reports designed to help Member States to better harmonize their positions on the said issues.

Article 95
Protocols on Chapters XIX, XX and XXI

Member States hereby agree to conclude the Protocols relating to Chapters XIX, XX and XXI of this Treaty.

Chapter XXII
Miscellaneous Provisions

Article 96
Headquarters of the Community

The Headquarters of the Community shall be one and the same as that of the OAU.

Article 97
Working Languages

The working languages of the Community shall be the same as those of the OAU.

Article 98
Legal Status

1. The Community shall form an integral part of the OAU.

2. In his capacity as the legal representative of the Community the Secretary-General may, on behalf of the Community:

Enter into contracts; and
Be a party to judicial and other legal proceedings.

3. Subject to prior approval of the Council, the Secretary-General may, on behalf of the Community:

Acquire and dispose movable and immovable property;
Borrow; and
Accept donations, bequests and gifts.

Article 99
The Treaty and the Protocols

This Treaty and the Protocols shall form an integral part of the OAU Charter.

Article 100
Signature and Ratification

This Treaty, and the Protocols, shall be signed and ratified by the High Contracting Parties in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited with the Secretary- General of the OAU.

Article 101
Entry into Force

This Treaty shall enter into force thirty (30) days after the deposit of the Instruments of ratification by two-thirds of the Member States of the OAU.

Article 102
Accession and Admission

1. Any Member State of the OAU may notify the Secretary-General of its intention to accede to this Treaty.

2. The Secretary-General shall, upon receipt of such notification, transmit copies thereof to all Member States. Admission shall be decided by a simple majority of Member States which shall transmit their votes to the Secretary-General. Upon receipt of the required number of votes, the Secretary-General shall transmit the decision of admission to the concerned Member State.

Article 103
Amendment and Revision of the Treaty

1. Any Member State may submit proposals for the amendment or revision of this Treaty.

2. Proposals for amendment or revision shall be submitted to the Secretary-General who shall transmit the same to Member States within thirty (30) days of receipt thereof at the Headquarters of the Community.

3. The Assembly, upon the advice of the Council, shall examine these proposals at its next meeting within a period of one year, following notification of Member States in accordance with the provisions of paragraph 2 of this Article.

4. Amendments or revisions shall be adopted by the Assembly by consensus or, failing that, by a two-thirds majority and submitted for ratification by all Member States in accordance with their respective constitutional procedures. They shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States with the Secretary-General of the OAU.

Article 104
Withdrawal

1. Any Member State wishing to withdraw from the Community shall notify by giving one-year notice in writing, to the Secretary-General who shall inform Member States thereof. Upon the expiration of such a period, that Member State shall, if the notice is not withdrawn, cease to be a Member of the Community.

2. During the period of one year referred to in paragraph 1 of this Article, any Member State wishing to withdraw from the Community shall comply with the provisions of this Treaty and shall be bound to discharge its obligations under this Treaty up to the date of its withdrawal.

Article 105
Dissolution

The Assembly may decide to dissolve the Community and determine the terms and conditions for sharing of the latter's assets and liabilities.

Article 106
Depository of the Treaty

1. This Treaty, drawn up in four (4) original texts in the Arabic, English, French and Portuguese languages, all four (4) texts being equally authentic, shall be deposited with the Secretary-General of the OAU who shall transmit a certified true copy thereof to the Government of each signatory State.

2. The Secretary-General shall notify Member States of the dates of deposit of the instruments of ratification or accession and shall upon the entry into force of this Treaty register the same with the Secretariat of the United Nations.

IN WITNESS WHEREOF, WE, Heads of State and Government of Member States of the Organisation of African Unity have signed this Treaty.

Done at Abuja, Nigeria on the Third of June
Nineteen Hundred and Ninety One.

<Table of contents> <Previous>