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OAU Charter

OAU Charter
This is the latest version of this Charter.
Jurisdiction
African Union (AU)
Date
25 May 1963
Language
Publication
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African Union

OAU Charter

  • Published
  • Commenced
  • [This is the version of this document at 25 May 1963.]
We, the Heads of African States and Governments assembled in the City of Addis Ababa, Ethiopia,Convinced that it is the inalienable right of all people to control their own destiny,Conscious of the fact that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples,Conscious of our responsibility to harness the natural and human resources of our continent for the total advancement of our peoples in all spheres of human endeavour,Inspired by a common determination to promote understanding among our peoples and cooperation among our states in response to the aspirations of our peoples for brother-hood and solidarity, in a larger unity transcending ethnic and national differences,Convinced that, in order to translate this determination into a dynamic force in the cause of human progress, conditions for peace and security must be established and maintained,Determined to safeguard and consolidate the hard -won independence as well as the sovereignty and territorial integrity of our states, and to fight against neo-colonialism in all its forms,Dedicated to the general progress of Africa,Persuaded that the Charter of the United Nations and the Universal Declaration of Human Rights, to the Principles of which we reaffirm our adherence, provide a solid foundation for peaceful and positive cooperation among States,Desirous that all African States should henceforth unite so that the welfare and well-being of their peoples can be assured,Resolved to reinforce the links between our states by establishing and strengthening common institutions,Have agreed to the present Charter.

Establishment

Article I

1.The High Contracting Parties do by the present Charter establish an Organization to be known as the ORGANIZATION OF AFRICAN UNITY.
2.The Organization shall include the Continental African States, Madagascar and other Islands surrounding Africa.

Purposes

Article II

1.The Organization shall have the following purposes:
(a)To promote the unity and solidarity of the African States;
(b)To coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa;
(c)To defend their sovereignty, their territorial integrity and independence;
(d)To eradicate all forms of colonialism from Africa; and
(e)To promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights.
2.To these ends, the Member States shall coordinate and harmonize their general policies, especially in the following fields:
(a)Political and diplomatic cooperation;
(b)Economic cooperation, including transport and communications;
(c)Educational and cultural cooperation;
(d)Health, sanitation and nutritional cooperation;
(e)Scientific and technical cooperation; and
(f)Cooperation for defence and security.

Principles

Article III

The Member States, in pursuit of the purposes stated in Article II solemnly affirm and declare their adherence to the following principles:
1.The sovereign equality of all Member States.
2.Non-interference in the internal affairs of States.
3.Respect for the sovereignty and territorial integrity of each State and for its inalienable right to independent existence.
4.Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration.
5.Unreserved condemnation, in all its forms, of political assassination as well as of subversive activities on the part of neighbouring States or any other States.
6.Absolute dedication to the total emancipation of the African territories which are still dependent.
7.Affirmation of a policy of non-alignment with regard to all blocs.

Membership

Article IV

Each independent sovereign African State shall be entitled to become a Member of the Organization.

Rights and duties of Member States

Article V

All Member States shall enjoy equal rights and have equal duties.

Article VI

The Member States pledge themselves to observe scrupulously the principles enumerated in Article III of the present Charter.

Institutions

Article VII

The Organization shall accomplish its purposes through the following principal institutions:
1.The Assembly of Heads of State and Government.
2.The Council of Ministers.
3.The General Secretariat.
4.The Commission of Mediation, Conciliation and Arbitration.

The Assembly of Heads of State and Government

Article VIII

The Assembly of Heads of State and Government shall be the supreme organ of the Organization. It shall, subject to the provisions of this Charter, discuss matters of common concern to Africa with a view to coordinating and harmonizing the general policy of the Organization. It may in addition review the structure, functions and acts of all the organs and any specialized agencies which may be created in accordance with the present Charter.

Article IX

The Assembly shall be composed of the Heads of State and Government or their duly accredited representatives and it shall meet at least once a year. At the request of any Member State and on approval by a two-thirds majority of the Member States, the Assembly shall meet in extraordinary session.

Article X

1.Each Member State shall have one vote.
2.All resolutions shall be determined by a two-thirds majority of the Members of the Organization.
3.Questions of procedure shall require a simple majority. Whether or not a question is one of procedure shall be determined by a simple majority of all Member States of the Organization.
4.Two-thirds of the total membership of the Organization shall form a quorum at any meeting of the Assembly.

Article XI

The Assembly shall have the power to determine its own rules of procedure.

The Council of Ministers

Article XII

1.The Council of Ministers shall consist of Foreign Ministers or other Ministers as are designated by the Governments of Member States.
2.The Council of Ministers shall meet at least twice a year. When requested by any Member State and approved by two-thirds of all Member States, it shall meet in extraordinary session.

Article XIII

1.The Council of Ministers shall be responsible to the Assembly of Heads of State and Government. It shall be entrusted with the responsibility of preparing conferences of the Assembly.
2.It shall take cognisance of any matter referred to it by the Assembly. It shall be entrusted with the implementation of the decision of the Assembly of Heads of State and Government. It shall coordinate inter -African cooperation in accordance with the instructions of the Assembly conformity with Article II (2) of the present Charter.

Article XIV

1.Each Member State shall have one vote.
2.All resolutions shall be determined by a simple majority of the members of the Council of Ministers.
3.Two-thirds of the total membership of the Council of Ministers shall form a quorum for any meeting of the Council.

Article XV

The Council shall have the power to determine its own rules of procedure.

General Secretariat

Article XVI

There shall be a Secretary-General of the Organization, who shall be appointed by the Assembly of Heads of State and Government. The Secretary-General shall direct the affairs of the Secretariat.

Article XVII

There shall be one or more Assistant Secretaries-General of the Organization, who shall be appointed by the Assembly of Heads of State and Government.

Article XVIII

The functions and conditions of service of the Secretary-General, of the Assistant Secretaries-General and other employees of the Secretariat shall be governed by the provisions of this Charter and the regulations approved by the Assembly of Heads of State and Government.
1.In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any act ion which might reflect on their position as international officials responsible only to the Organization.
2.Each member of the Organization undertakes to respect the exclusive character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Commission of Mediation, Conciliation and Arbitration

Article XIX

Member States pledge to settle all disputes among themselves by peaceful means and, to this end decide to establish a Commission of Mediation, Conciliation and Arbitration, the composition of which and conditions of service shall be defined by a separate Protocol to be approved by the Assembly of Heads of State and Government. Said Protocol shall be regarded as forming an integral part of the present Charter.

Specialized Commission

Article XX

The Assembly shall establish such Specialized Commissions as it may deem necessary, including the following:
1.Economic and Social Commission.
2.Educational, Scientific, Cultural and Health Commission.
3.Defence Commission.

Article XXI

Each Specialized Commission referred to in Article XX shall be composed of the Ministers concerned or other Ministers or Plenipotentiaries designated by the Governments of the Member States.

Article XXII

The functions of the Specialized Commissions shall be carried out in accordance with the provisions of the present Charter and of the regulations approved by the Council of Ministers.

The budget

Article XXIII

The budget of the Organization prepared by the Secretary-General shall be approved by the Council of Ministers. The budget shall be provided by contribution from Member States in accordance with the scale of assessment of the United Nations; provided, however, that no Member State shall be assessed an amount exceeding twenty percent of the yearly regular budget of the Organization. The Member States agree to pay their respective contributions regularly.

Signature and ratification of Charter

Article XXIV

1.This Charter shall be open for signature to all independent sovereign African States and shall be ratified by the signatory States in accordance with their respective constitutional processes.
2.The original instrument, done, if possible in African languages, in English and French, all texts being equally authentic, shall be deposited with the Government of Ethiopia which shall transmit certified copies thereof to all independent sovereign African States.
3.Instruments of ratification shall be deposited with the Government of Ethiopia, which shall notify all signatories of each such deposit.

Entry into force

Article XXV

This Charter shall enter into force immediately upon receipt by the Government of Ethiopia of the instruments of ratification from two -thirds of the signatory States.

Registration of Charter

Article XXVI

This Charter shall, after due ratification, be registered with the Secretariat of the United Nations through the Government of Ethiopia in conformity with Article 102 of the Charter of the United Nations.

Interpretation of the Charter

Article XXVII

Any question which may arise concerning the interpretation of this Charter shall be decided by a vote of two-thirds of the Assembly of Heads of State and Government of the Organization.

Adhesion and accession

Article XXVIII

1.Any independent sovereign African State may at any time notify the Secretary-General of its intention to adhere or accede to this Charter.
2.The Secretary-General shall, on receipt of such notification, communicate a copy of it to all the Member States. Admission shall be decided by a simple majority of the Member States. The decision of each Member State shall be transmitted to the Secretary-General, who shall, upon receipt of the required number of votes, communicate the decision to the State concerned.

Miscellaneous

Article XXIX

The working languages of the Organization and all its institutions shall be, if possible African languages, English and French, Arabic and Portuguese.

Article XXX

The Secretary-General may accept, on behalf of the Organization, gifts, bequests and other donations made to the Organization, provided that this is approved by the Council of Ministers.

Article XXXI

The Council of Ministers shall decide on the privileges and immunities to be accorded to the personnel of the Secretariat in the respective territories of the Member States.

Cessation of membership

Article XXXI

Any State which desires to renounce its membership shall forward a written notification to the Secretary-General. At the end of one year from the date of such notification, if not withdrawn, the Charter shall cease to apply with respect to the renouncing State, which shall thereby cease to belong to the Organization.{Please note: numbering as in original.]

Amendment of the Charter

Article XXXII

This Charter may be amended or revised if any Member State makes a written request to the Secretary-General to that effect; provided, however, that the proposed amendment is not submitted to the Assembly for consideration until all the Member States have been duly notified of it and a period of one year has elapsed. Such an amendment shall not be effective unless approved by at least two-thirds of all the Member States.
IN FAITH WHEREOF, We, the Heads of African States and Governments have signed this Charter.Done in the City of Addis Ababa, Ethiopia,25th day of May, 1963

History of this document

25 May 1963 this version
Consolidation
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