Council of Ministers Seventy-Third Ordinary Session/Eight Ordinary Session of the African Economic Community

24-26 February 2001
Tripoli, Libya
CM/OAU/AEC/Regl. 1(VIII)

Regulation

Council:

Considering the Charter of the Organization of African Unity,

Further considering Articles 11, 12 and 13 of the Treaty establishing the African Economic Community,

Having examined the Report of the Secretary General on the implementation of this Treaty,

Rules:

1. Ratification of or Accession to the AEC Treaty

All Member States of the OAU should ratify or accede to the Treaty establishing the African Economic Community, as the case may be, if they have not already done so and deposit their instruments of ratification and/or accession to the Secretary General of the OAU/AEC.

2. Cooperation in the Area of Transport

1. Member States should deploy all necessary efforts for the accelerated liberalization of air transport services in the continent in conformity with the Yamoussoukro Decision concerning Liberalization of Access to Air Transport Markets in Africa;
   
   
2. The Monitoring Body should ensure effective implementation of the above Decision within the stipulated timeframe;
   
   
3. Donors are requested to contribute to the financing of the activities provided for under the Decision.

3. Functioning of the Specialized Technical Committees

The Secretary General is requested to take urgent and necessary measures to convene the Specialized Technical Committees which have not yet met.

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1. Consolidation of Cooperation

Strengthening cooperation among the RECs and between the RECs and AEC.

1. A seminar should be specially organized by the OAU/AEC General Secretariat to define the contours and areas of cooperation, first among the RECs themselves and then between the RECs and the AEC as well as the practical modalities to this effect.
   
   
2. The proposed workshop should be proposed by a preliminary sectoral study based on experiences of the RECs.
   
   
3. Meetings of the coordinating organs should rotate between the headquarters of OAU/AEC and the headquarters of the RECs parties to the Protocol according to a timetable to be established by the OAU/AEC General Secretariat.
   
   
4. The OAU/AEC Secretary General should
   
   
   1. periodically convene the meeting of the African Ambassadors in Addis Ababa to discuss issues relating to implementation of the Treaty establishing the African Economic Community;
      
      
   2. in consultation with the Chief Executives of the RECs, ECA and ADB, determine a specific date for the meetings of the Committee on Coordination one of which should be informal and always precede the sessions of the Council of Ministers and the Assembly of the Heads of State and Government of the OAU/AEC;
      
      
   3. ensure that meetings of the Committee on Coordination are prepared by the meetings of the Committee of Secretariat Officials; and
      
      
   4. in collaboration with the RECs, draw up the rules of procedure of the Committee on Coordination and submit same for consideration at the next session of this Committee.
      
      
5. The AEC and the RECs should, in collaboration with Member States
   
   
   1. ensure the accelerated physical integration of the African continent by according top priority to infastructural development, more especially transport and telecommunications. To this end, it will be necessary to conclude on-going projects and initiate new projects at both regional and continent-wide levels;
      
      
6. AEC and RECS should also:
   
   
   1. harmonise judicial educational and macro-economic policies to promote national and foreign investments;
      
      
   2. mount a popularization campaign to their programmes and activities and accordingly, sensitize all sectors of the African society by involving them in the process of integration of the Continent; the campaign should similarly focus on relations between the AEC and the RECs
      
      
   3. Work together towards mobilization of financial resources for their activities in collaboration with ADB and UNECA.
      
      
7. In view of the very close correlation between the implementation of the Treaty and the Constitutive Act of the African Union, the RECs as the pillars of the AEC should come up with proposals for implementation of this Act.
   
   
8. The AEC and the RECs should cooperate and take all necessary steps to support African negotiators particularly in the interpretation and implementation of the rules governing international negotiations.
   
   
9. The current Chairman of the RECs should:
   
   
   1. present annual reports of their activities to their respective RECs and to the OAU/AEC Summit;
      
      
   2. propose items for inclusion in the agenda of ECOSOC Sessions and OAU/AEC Summit to facilitate deliberation on their concerns by the Heads of State and Ministers;
      
      
10. the OAU/AEC should also inform the RECs of their major policies and programmes at meetings of the RECs decision-making organs and the RECs should make appropriate provisions to this effect in the agenda of these meetings;
    
    
11. the Chief Executives of the AEC and the RECs should deploy necessary efforts to harmonize the calendars of meetings of their respective committees;
    
    
12. the Secretary General should ensure that the budgetary resources allotted to OAU/AEC activities take into consideration the needs of the RECs and the new priorities of the OAU/AEC;
    
    
13. the RECs are expected to make requisite contribution towards enriching the working documents of the OAU/AEC Extraordinary Summit on the HIV/AIDS pandemic, tuberculosis, and other infectious diseases to be held in Abuja, Nigeria from 24 to 27 April 2001.

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2. International Negotiations and Initiatives

1. ACP-EU Cotonou Partnership Agreement

   The Decision of the 3rd Ordinary Session of the Conference of African Ministers of Trade is hereby endorsed;

   • the AEC Committee on Trade, Customs and Immigration matters should identify the ways and means to ensure coordination of initiatives undertaken by the African Group in Geneva and Brussels to avoid contradictory positions in the various negotiations at the WTO and with the ACP-EU Group;
     
     
   • the OAU/AEC General Secretariat should organize a meeting of the Specialized Technical Committee on Trade in order for Africa to formulate and adopt a Common Position in preparation for the negotiations between the ACP and the EU, which is due to start in September 2002. The proposed African Common Position should emphasize the ways and means by which future Agreements would strengthen the production and trade capacities of African economies, including the Services trade sector;
     
     
   • the OAU General Secretariat should carry out studies on all aspects of the Cotonou Agreement, including all Trade Options such as the Economic Partnership (REPAs) proposed by the EU and any other alternative trade agreements, that would preserve the preferential access, in conformity with the trade liberalization and integration programmes of Africa.
     
     
2. The Secretary General, in collaboration with the Executive Secretary of the UNECA and the President of the African Development Bank, should take the necessary measures to enable the OAU Panel of Experts on Negotiations to provide all the necessary assistance to African negotiators to formulate and defend the African Common Position.
   
   
3. The Secretary General should also reinforce the collaboration of the OAU/AEC with the Secretary General of the ACP Group so as to better coordinate the African strategy in the forthcoming negotiations of all aspects of the ACP-EU Cotonou Agreement;
   
   
4. All Member States, members of the ACP Group are to maintain solidarity and close ranks during the preparatory process and the negotiations.
   
   
5. The World Trade Organization (WTO) is urged to favourably consider the application to secure derogation to the WTO Agreements for the ACP-EU Cotonou Partnership Agreement.
   
   
6. The Third UN Conference on the Least Developed Countries (LDCs)
   
   
   1. The importance of the 3rd UN Conference LDCs scheduled for May 2001, in Brussels is stressed and all Member States urged to participate effectively in the meeting;
      
      
   2. The Secretary General is requested to ensure effective support to Africa's preparation for and participation in the Conference and submit a report on it to the July 2001 Session of the Council.
      
      
7. The World Trade Organization (WTO)
   
   
   1. The Secretary General is to provide adequate resources to the OAU/AEC Advisory Panel on Negotiations, for the urgent preparation of the necessary technical studies on the issues jointly identified with the African Groups in Geneva and Brussels.
      
      
   2. The Economic and Social Commission of the OAU/AEC should consider an appropriate mechanism for coordinating and guiding the preparatory processes in Geneva and Brussels, and monitor the negotiations in order to ensure that they do not undermine the process of establishing African Economic Community.
      
      
8. U.S. Trade and Development Act/Africa Growth and Opportunity Act
   
   
   1. Note is hereby taken of the institutional machinery of the Act, namely:
      
      
      • the U.S./Sub-Saharan Africa Summit to be convened every two years;
        
        
      • the U.S./Sub-Saharan Africa Trade and Economic Forum to be held at the levels of Ministers of Foreign Affairs and the U.S. Secretary of State; Ministers of Trade and U.S. Secretary of Commerce; Ministers of Finance and U.S. Secretary of the Treasury;
        
        
      • U.S/Sub-Saharan African NGOs and U.S. NGOs.
        
        
   2. Note is taken of the fact that the US Trade and Development Act covers primarily countries of Sub-Saharan Africa and US Congress is kindly requested to extend the benefits of this legislation to all African countries;
      
      
   3. The Decision of the African Ministers of Trade to request the OAU Secretary General to develop the practical and operational modalities for the establishment of a Consultative Mechanism on the U.S. Trade and Development Act is hereby endorsed, taking into account the need to:
      
      
      • develop a joint African strategy to promote a more inclusive approach, including the examination of the method by which African countries had met their eligibility requirement;
        
        
      • establish an Inter-Governmental Mechanism to define the participation and agenda for the envisaged U.S.-Sub-Saharan Summit, including the role of the OAU Secretariat and the African Ambassadors in Washington.
        
        
   4. The OAU General Secretariat should work in collaboration with the UNECA, UNCTAD, the RECs and other relevant organizations to conduct an in-depth study to identify the potential benefits, the problems posed by the Act to Member States, as well as their capacity to take advantage of the Act.
      
      
   5. The U.S. Government is urged to include as many African countries as possible, in the eligibility list and expand the product coverage of the Act, as well as simplify the procedure for benefiting from it;
      
      
   6. The Secretary General should carry out consultations with the U.S.-side in order to ensure the full participation of all Member States of the OAU in the proposed Joint Summit and the Trade and Economic Forum.
      
      
9. China-Africa Forum

   Member States should examine the Beijing Declaration and Programme for China-Africa Cooperation in order to draw maximum benefit from it.

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3. 8th All Africa Trade Fair

1. The decision of the 3rd Conference of African Ministers of Trade held under the auspices of the AEC Committee on Trade, Customs and Immigration that the 8th All-Africa Trade Fair be held in Egypt in March/April 2002 is hereby approved;
   
   
2. The Secretary General of the OAU/AEC should carry out consultations with the Government of Egypt in order to fix the precise dates for the Fair;
   
   
3. The Technical Organizing Committee for the 8th All-Africa Trade Fair is constituted as follows:
   
   
   1. Chairman: Egypt;
      
      
   2. Members: Nigeria, Senegal, The Sudan, Cameroon and South Africa;
      
      
   3. Representatives of Regional Economic Communities: ECOWAS, COMESA, ECCAS, UMA, SADC, CENSAD and IGAD;
      
      
   4. Collaborating Agencies: International Trade Centre (ITC) of UNCTAD/WTO, UNIDO, UNCTAD Secretariat, ACP Secretariat, ACP Chamber of Commerce, FAO, UNECA, ADB, Union of African Radio and Television Agencies (URTNA), the Pan-African News Agency (PANA), the African Federation of Women Entrepreneurs (AFWE), the East and Southern Africa Business Organization (ESABO), the Africa-Export/Import Bank (AFREXIMBANK), Association of African Airlines (AFRAA), the World Tourism Organization (WTO), the International Chamber of Commerce, and Union of International Trade Fairs.
      
      
4. The calendar of meetings of the Technical Organizing Committee is fixed as April/May 2001, October/November 2001 and January/February 2002;