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CHARTER CONSTITUTION

CONSTITUTIVE ACT OF THE AFRICAN UNION

We, Heads of State and Government of the Member States of the Organization of
African Unity (OAU):

1. The President of the People's Democratic Republic of Algeria
2. The President of the Republic of Angola
3. The President of the Republic of Benin
4. The President of the Republic of Botswana
5. The President of Burkina Faso
6. The President of the Republic of Burundi
7. The President of the Republic of Cameroon
8. The President of the Republic of Cape Verde
9. The President of the Central African Republic
10. The President of the Republic of Chad
11. The President of the Islamic Federal Republic of the Comoros
12. The President of the Republic of the Congo
13. The President of the Republic of Cote d'Ivoire
14. The President of the Democratic Republic of Congo
15. The President of the Republic of Djibouti
16. The President of the Arab Republic of Egypt
17. The President of the State of Eritrea
18. The Prime Minister of the Federal Democratic Republic of Ethiopia
19. The President of the Republic of Equatorial Guinea
20. The President of the Gabonese Republic
21. The President of the Republic of The Gambia
22. The President of the Republic of Ghana
23. The President of the Republic of Guinea
24. The President of the Republic of Guinea Bissau
25. The President of the Republic of Kenya
26. The Prime Minister of Lesotho
27. The President of the Republic of Liberia
28. The Leader of the 1st of September Revolution of the Great Socialist People's
    Libyan Arab Jamahiriya
29. The President of the Republic of Madagascar
30. The President of the Republic of Malawi
31. The President of the Republic of Mali
32. The President of the Islamic Republic of Mauritania
33. The Prime Minister of the Republic of Mauritius
34. The President of the Republic of Mozambique
35. The President of the Republic of Namibia
36. The President of the Republic of Niger
37. The President of the Federal Republic of Nigeria
38. The President of the Republic of Rwanda
39. The President of the Sahrawi Arab Democratic Republic
40. The President of the Republic of Sao Tome and Principe
41. The President of the Republic of Senegal
42. The President of the Republic of Seychelles
43. The President of the Republic of Sierra Leone
44. The President of the Republic of Somalia
45. The President of the Republic of South Africa
46. The President of the Republic of Sudan
47. The King of Swaziland
48. The President of the United Republic of Tanzania
49. The President of the Togolese Republic
50. The President of the Republic of Tunisia
51. The President of the Republic of Uganda
52. The President of the Republic of Zambia
53. The President of the Republic of Zimbabwe

1. Achieve greater unity and solidarity between the African counties and the
   peoples of Africa
2. Defend the sovereignty, territorial integrity and independence of its Member
   States
3. Accelerate the political and socio-economic integration of the continent;
4. Promote and defend African common positions on issues of interest to the
   continent and its peoples
5. Encourage international cooperation, taking due account of the Charter of the
   United Nations and the Universal Declaration of Human Rights
6. Promote peace, security, and stability on the continent
7. Promote democratic principles and institutions, popular participation and good
   governance
8. Promote and protect human and peoples' rights in accordance with the African
   Charter on Human and Peoples' Rights and other relevant human rights
   instruments
9. Establish the necessary conditions which enable the continent to play its rightful
   role in the global economy and in international negotiations
10. Promote sustainable development at the economic, social and cultural levels as
    well as the integration of African economies
11. Promote cooperation in all fields of human activity to raise the living standards of
    African peoples
12. Coordinate and harmonize policies between existing and future Regional
    Economic Communities for the gradual attainment of the objectives of the Union
13. Advance the development of the continent by promoting research in all fields, in
    particular in science and technology
14. Work with relevant international partners in the eradication of preventable
    diseases and the promotion of good health on the continent

1. Sovereign equality and interdependence among Member States of the Union
2. Respect of borders existing on achievement of independence
3. Participation of the African peoples in the activities of the Union
4. Establishment of a common defence policy for the African Continent
5. Peaceful resolution of conflicts among Member States of the Union through such
   appropriate means as may be decided upon by the Assembly
6. Prohibition of the use of force or threat to use force among Member States of the
   Union
7. Non-interference by any Member State in the internal affairs of another
8. The right of the Union to intervene in a Member State pursuant to a decision of
   the Assembly in respect of grave circumstances, namely war crimes, genocide
   and crimes against humanity
9. Peaceful co-existence of Member States and their right to live in peace and
   security
10. The right of Member States to request intervention from the Union in order to
    restore peace and security
11. Promotion of self-reliance within the framework of the Union
12. Promotion of gender equality
13. Respect for democratic principles, human rights, the rule of law and good
    governance
14. Promotion of social justice to ensure balanced economic development
15. Respect for the sanctity of human life, condemnation and rejection of impunity
    and political assassination, acts of terrorism and subversive activities
16. Condemnation and rejection of unconstitutional changes of governments

1. The Assembly of the Union
2. The Executive Council
3. The Pan-African Parliament
4. The Court of Justice
5. The Commission
6. The Permanent Representatives Committee
7. The Specialized Technical Committees
8. The Economic, Social and Cultural Council
9. The Financial Institutions

1. The Assembly shall be composed of Heads of States and Government or their
   duly accredited representatives
2. The Assembly shall be the supreme organ of the Union
3. The Assembly shall meet at least once a year in ordinary session. 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
4. The Office of the Chairman of the Assembly shall be held for a period of one year
   by a Head of State or Government elected after consultations among the
   Member States

1. The Assembly shall take its decisions by consensus or, failing which, by a two
   thirds majority of the Member States of the Union. However, procedural matters,
   including the question of whether a matter is one of procedure or not, shall be
   decided by a simple majority
2. Two-thirds of the total membership of the Union shall form a quorum at any
   meeting of the Assembly

1. Determine the common policies of the Union
2. Receive, consider and take decisions on reports and recommendations
   from the other organs of the Union
3. Consider requests for Membership of the Union
4. Establish any organ of the Union
5. Monitor the implementation of policies and decisions of the Union as well
   as ensure compliance by all Member States
6. Adopt the budget of the Union
7. Give directives to the Executive Council on the management of conflicts,
   war and other emergency situations and the restoration of peace
8. Appoint and terminate the appointment of the judges of the Court of
   Justice
9. Appoint the Chairman of the Commission and his or her deputy or
   deputies and Commissioners of the Commission and determine their
   functions and terms of office

1. The Executive Council shall be composed of the Ministers of Foreign Affairs or
   such other Ministers or Authorities as are designated by the Governments of
   Member States
2. Council shall meet at least twice a year in ordinary session. It shall also meet in
   an extra-ordinary session at the request of any Member State and upon approval
   by two-thirds of all Member States

1. The Executive Council shall take its decisions by consensus or, failing which, by
   a two-thirds majority of the Member States. However, procedural matters,
   including the question of whether a matter is one of procedure or not, shall be
   decided by a simple majority
2. Two-thirds of the total membership of the Union shall form a quorum at any
   meeting of the Executive Council

1. Foreign trade
2. Energy, industry and mineral resources
3. Food, agricultural and animal resources, livestock production and
   forestry
4. Water resources and irrigation
5. Environmental protection, humanitarian action and disaster response and
   relief
6. Transport and communications
7. Insurance
8. Education, culture, health and human resources development
9. Science and technology
10. Nationality, residency and immigration matters
11. Social security, including the formulation of mother and child care
    policies, as well as policies relating to the disabled and the handicapped
12. Establishment of a system of African awards, medals and prizes

1. The Committee on Rural Economy and Agricultural Matters
2. The Committee on Monetary and Financial Affairs
3. The Committee on Trade, Customs and Immigration Matters
4. The Committee on Industry, Science and Technology, Energy, Natural
   Resources and Environment
5. The Committee on Transport, Communications and Tourism
6. The Committee on Health, Labour and Social Affairs; and
7. The Committee on Education, Culture and Human Resources

1. Prepare projects and programmes of the Union and submit in to the Executive
   Council
2. Ensure the supervision, follow-up and the evaluation of the implementation of
   decisions taken by the organs of the Union
3. Ensure the coordination and harmonization of projects and programmes of the
   Union
4. Submit to the Executive Council either on its own initiative or at the request of the
   Executive Council, reports and recommendations on the implementation of the
   provision of this Act, and
5. Carry out any other functions assigned to it for the purpose of ensuring the
   implementation of the provisions of this Act

1. Subject to any directives given by the Executive Council, each Committee shall
   meet as often as necessary and shall prepare its rules of procedure and submit
   them to the Executive Council for approval

1. In order to ensure the full participation of African peoples in the development and
   economic integration of the continent, a Pan-African Parliament shall be
   established
2. The composition, powers, functions and organization of the Pan-African
   Parliament shall be defined in a protocol relating thereto

1. A Court of Justice of the Union shall be established
2. The statute, composition and functions of the Court of Justice shall be defined in
   a protocol relating thereto

1. The African Central Bank
2. The African Monetary Fund
3. The African Investment Bank

1. There shall be established a Commission of the Union, which shall be the
   Secretariat of the Union
2. The Commission shall be composed of the Chairman, his or her deputy or
   deputies and the Commissioners. They shall be assisted by the necessary staff
   for the smooth functioning of the Commission
3. The structure, functions and regulations of the Commission shall be determined
   by the Assembly

1. There shall be established a Permanent Representatives Committee. It shall be
   composed of Permanent Representatives to the Union and other Plenipotentiaries
   of Member States
2. The Permanent Representatives Committee shall be charged with the responsibility
   of preparing the work of the Executive Council and acting on the Executive
   Council's instructions. It may set up such sub-committees or working groups as it
   may deem necessary

1. The Economic, Social and Cultural Council shall be an advisory organ composed
   of different social and professional groups of the Member States of the Union
2. The functions, powers, composition and organization of the Economic, Social
   and Cultural Council shall be determined by the Assembly

1. The Assembly shall determine the appropriate sanctions to be imposed on any
   Member State that defaults in the payment of its contributions to the budget of
   the Union in the following manner: denial of the right to speak at meetings, to
   vote, to present candidates for any position or post within the Union or to benefit
   from any activity or commitments therefrom
2. Furthermore, any Member State that fails to comply with the decisions and
   policies of the Union may be subjected to other sanctions, such as the denial of
   transport and communications links with other Member States, and other
   measures of a political and economic nature to be determined by the Assembly

1. The Headquarters of the Union shall be in Addis Ababa in the Federal
   Democratic Republic of Ethiopia
2. There may be established such other offices of the Union as the Assembly may,
   on the recommendation of the Executive Council, determine

1. This Act shall be open to signature, ratification and accession by the Member
   States of the OAU in accordance with their respective constitutional procedures
2. The instruments of ratification shall be deposited with the Secretary-General of
   the OAU
3. Any Member State of the OAU acceding to this Act after its entry into force shall
   deposit the instrument of accession with the Chairman of the Commission

1. Any African State may, at any time after the entry into force of this Act, notify the
   Chairman of the Commission of its intention to accede to this Act and to be
   admitted as a member of the Union
2. The Chairman of the Commission shall, upon receipt of such notification, transmit
   copies thereof to all 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 Chairman of the Commission who shall, upon receipt of the
   required number of votes, communicate the decision to the State concerned

1. Any State which desires to renounce its membership shall forward a written
   notification to the Chairman of the Commission, who shall inform Member States
   thereof. At the end of one year from the date of such notification, if not
   withdrawn, the Act shall cease to apply with respect to the renouncing State,
   which shall thereby cease to belong to the Union
2. During the period of one year referred to in paragraph 1 of this Article, any
   Member State wishing to withdraw from the Union shall comply with the
   provisions of this Act and shall be bound to discharge its obligations under this
   Act up to the date of its withdrawal

1. Any Member State may submit proposals for the amendment or revision of this
   Act
2. Proposals for amendment or revision shall be submitted to the Chairman of the
   Commission who shall transmit same to Member States within thirty (30) days of
   receipt thereof
3. The Assembly, upon the advice of the Executive Council, shall examine these
   proposals 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 which, 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
   with the Chairman of the Commission by a two-thirds majority of the Member
   States

1. This Act shall replace the Charter of the Organization of African Unity. However,
   the Charter shall remain operative for a transitional period of one year or such
   further period as may be determined by the Assembly, following the entry into
   force of the Act, for the purpose of enabling the OAU/AEC to undertake the
   necessary measures regarding the devolution of its assets and liabilities to the
   Union and all matters relating thereto
2. The provisions of this Act shall take precedence over and supersede any
   inconsistent or contrary provisions of the Treaty establishing the African
   Economic Community
3. Upon the entry into force of this Act, all necessary measures shall be undertaken
   to implement its provisions and to ensure the establishment of the organs
   provided for under the Act in accordance with any directives or decisions which
   may be adopted in this regard by the Parties thereto within the transitional period
   stipulated above
4. Pending the establishment of the Commission, the OAU General Secretariat
   shall be the interim Secretariat of the Union
5. This Act, drawn up in four (4) original texts in the Arabic, English, French and
   Portuguese languages, all four (4) being equally authentic, shall be deposited
   with the Secretary-General of the OAU and, after its entry into force, with the
   Chairman of the Commission who shall transmit a certified true copy of the Act to
   the Government of each signatory State. The Secretary-General of the OAU and
   the Chairman of the Commission shall notify all signatory States of the dates of
   the deposit of the instruments of ratification or accession and shall upon entry
   into force of this Act register the same with the Secretariat of the United Nations