PREAMBLE
The
Member States of the Organization of African Unity State Parties to the Treaty Establishing
the African Economic Community:
Bearing in mind the Sirte Declaration adopted at the Fourth Extraordinary
Session of the Assembly of Heads of State and Government held in the Great
Socialist People's Libyan Arab Jamahiriya on 9.9.99 establishing the African
Union and calling for the speedy establishment of the institutions provided for
in the Treaty establishing the African Economic Community signed in Abuja,
Nigeria, on 3 June, 1991 and the establishment of the Pan-African Parliament by
the year 2000;
Noting, in particular,
the adoption by the Assembly of Heads of State and Government meeting in its
36th Ordinary Session in Lomé, Togo, from 10 to 12
July, 2000, of the Constitutive Act of the African Union, thereby giving
concrete expression to the common vision of a united, integrated and strong
Africa;
Further noting that the
establishment of the Pan-Parliament is informed by a vision to provide a common
platform for African peoples and their grass-roots organizations to be more
involved in discussions and decision-making on the problems and challenges
facing the Continent.
Conscious of the
imperative and urgent need to further consolidate the aspiration of the African
peoples for greater unity, solidarity and cohesion in a larger community transcending
cultural, ideological, ethnic, religious and national differences;
Considering the principles
and objectives stated in the Charter of the Organization of African Unity;
Further
considering
that Articles 7 and 14 of the Treaty establishing the African Economic
Community provide for a Pan-African Parliament of the Community, whose composition,
functions, powers and organization shall be defined in a related Protocol;
Recalling the Cairo
Agenda for Action which was endorsed by the Thirty-first Ordinary Session of
the Assembly held in Addis Ababa, Ethiopia, from 26 to 28 June 1995 (AHG/Res.
236 (XXXI), and which recommended the speeding up of the rationalization of the
institutional framework in order to achieve economic integration at the
regional level;
Recalling
further
the Declaration on the Political and Socio-Economic Situation in Africa and the
Fundamental Changes Taking Place in the World, which was adopted by the Twenty-sixth
Ordinary Session of the Assembly in Addis Ababa, Ethiopia, on 11 July 1990;
Considering that by the
Algiers Declaration (AHG/Decl.1 (XXXV) of 14 July 1999 the Assembly reaffirmed
its faith in the African Economic Community;
Determined to promote
democratic principles and popular participation, to consolidate democratic
institutions and culture and to ensure good governance;
Further
determined
to promote and protect human and peoples' rights in accordance with the African
Charter on Human and Peoples' Rights and other relevant human rights instruments;
Conscious of the
obligations and legal implications for Member States of the need to establish
the Pan-African Parliament;
Firmly convinced that the
establishment of the Pan-African Parliament will ensure effectively the full
participation of the African peoples in the economic development and integration
of the continent;
HEREBY AGREE AS
FOLLOWS:
Article 1: DEFINITIONS
In
this Protocol, the following expressions shall have the meanings assigned to
them hereunder:
"Assembly"
means the Assembly of Heads of State and Government of the Community;
"Bureau"
means the officers of the Pan-African Parliament as provided for in Article
12(5) of this Protocol;
"Community"
means the African Economic Community;
"Council"
means the Council of Ministers of the Community;
"Court
of Justice" means the Court of the Community;
"General
Secretariat" means the General Secretariat of the Community;
"Member
of Pan-African Parliament" or "Pan-African Parliamentarian"
means a representative elected or designated in accordance with Article 5 of
this Protocol;
"Member
State" or "Member States", unless the context otherwise
prescribes, means Member State or Member States of the Community;
"OAU"
means the Organization of African Unity;
"President"
means the Member of the Pan-African Parliament elected to conduct the business
of Parliament in accordance with Article 12(2) of this Protocol;
"Region
of Africa" shall have the meaning assigned to it in Article 1 of the Treaty
establishing the African Economic Community;
"Secretary
General" means the Secretary General of the Community;
"Treaty"
means the Treaty establishing the African Economic Community.
Article 2: ESTABLISHMENT
OF THE PAN-AFRICAN PARLIAMENT
1.
Member States hereby establish a
Pan-African Parliament the composition, functions, powers and organization of
which shall be governed by the present Protocol.
2.
The Pan-African Parliamentarians
shall represent all the peoples of Africa.
3.
The ultimate aim of the Pan-African
Parliament shall be to evolve into an institution with full legislative powers,
whose members are elected by universal adult suffrage. However, until such time
as the Member States decide otherwise by an amendment to this Protocol:
(i) The Pan-African
Parliament shall have consultative and advisory powers only; and
(ii)
The Members of the Pan-African
Parliament shall be appointed as provided for in Article 4 of this Protocol.
Article 3: OBJECTIVES
The
objectives of the Pan-African Parliament shall be to:
1.
facilitate the effective
implementation of the policies and objectives of the OAU/AEC and, ultimately,
of the African Union;
2.
promote the principles of human
rights and democracy in Africa;
3.
encourage good governance,
transparency and accountability in Member States;
4.
familiarize the peoples of Africa
with the objectives and policies aimed at integrating the African Continent
within the framework of the establishment of the African Union;
5.
promote peace, security and
stability;
6.
contribute to a more prosperous
future for the peoples of Africa by promoting collective self-reliance and
economic recovery;
7.
facilitate cooperation and
development in Africa;
8.
strengthen Continental solidarity
and build a sense of common destiny among the peoples of Africa;
9.
facilitate cooperation among
Regional Economic Communities and their Parliamentary fora.
Article 4: COMPOSITION
1.
Member States shall be represented
in the Pan-African Parliament by an equal number of Parliamentarians;
2.
Each Member State shall be
represented in the Pan-African Parliament by five (5) members, at least one of
whom must be a woman;
3.
The representation of each Member
State must reflect the diversity of political opinions in each National
Parliament or other deliberative organ.
Article 5: ELECTION,
TENURE AND VACANCIES
1.
The Pan-African Parliamentarians
shall be elected or designated by the respective National Parliaments or any
other deliberative organs of the Member States, from among their members.
2.
The Assembly shall determine the
beginning of the first term of office of the Pan-African Parliament at its
session immediately following the entry into force of this Protocol.
3.
The term of a Member of the
Pan-African Parliament shall run concurrently with his or her term in the
National Parliament or other deliberative organ.
4.
The seat of a Member of the
Pan-African Parliament shall become vacant if he or she:
(a)
dies;
(b)
resigns in writing to the President;
(c)
is unable to perform his or her
functions for reasons of physical or mental incapacity;
(d)
is removed on grounds of misconduct;
(e)
ceases to be a Member of the National
Parliament or other deliberative organ;
(f)
is recalled by the National
Parliament or other deliberative organ; or
(g)
ceases to be a Pan-African
Parliamentarian in terms of Article 19 of this Protocol.
Article 6: VOTE
The
Pan-African Parliamentarians shall vote in their personal and independent
capacity.
Article 7: INCOMPATIBILITY
Membership
of the Pan-African Parliament shall not be compatible with the exercise of executive
or judicial functions in a Member State.
Article 8: PRIVILEGES
AND IMMUNITIES OF PAN-AFRICAN PARLIAMENTARIANS
1.
The Pan-African Parliamentarians,
while exercising their functions, shall enjoy in the territory of each Member
State the immunities and privileges extended to representatives of Member
States under the General Convention on the Privileges and Immunities of the OAU
and the Vienna Convention on Diplomatic Relations.
2.
Without prejudice to Paragraph (1)
of this Article, the Pan-African Parliament shall have the power to waive the
immunity of a member in accordance with its Rules of Procedure.
Article 9: PARLIAMENTARY
IMMUNITIES
1.
The Pan-African Parliamentarians
shall enjoy parliamentary immunity in each Member State. Accordingly, a member
of the Pan-African Parliament shall not be liable to civil or criminal
proceedings, arrest, imprisonment or damages for what is said or done by him or
her within or outside the Pan-African Parliament in his or her capacity as a
member of Parliament in the discharge of his or her duties.
2.
Without prejudice to Paragraph (1)
of this Article, the Pan-African Parliament shall have the power to waive the
immunity of a member in accordance with its Rules of Procedure.
Article 10: ALLOWANCE
The
Pan-African Parliamentarians shall be paid an allowance to meet expenses in the
discharge of their duties.
Article 11: FUNCTIONS
AND POWERS
The
Pan-African Parliament shall be vested with legislative powers to be defined by
the Assembly. However, during the first term of its existence, the Pan-African
Parliament shall exercise advisory and consultative powers only. In this
regard, it may:
1.
Examine, discuss or express an
opinion on any matter, either on its own initiative or at the request of the
Assembly or other policy organs and make any recommendations it may deem fit
relating to, inter alia, matters pertaining to respect of human rights, the consolidation
of democratic institutions and the culture of democracy, as well as the promotion
of good governance and the rule of law.
2.
Discuss its budget and the budget of
the Community and make recommendations thereon prior to its approval by the
Assembly.
3.
Work towards the harmonization or
co-ordination of the laws of Member States.
4.
Make recommendations aimed at
contributing to the attainment of the objectives of the OAU/AEC and draw
attention to the challenges facing the integration process in Africa as well as
the strategies for dealing with them.
5.
Request officials of the OAU/AEC to
attend its sessions, produce documents or assist in the discharge of its
duties.
6.
Promote the programmes and
objectives of the OAU/AEC, in the constituencies of the Member States.
7.
Promote the coordination and
harmonization of policies, measures, programmes and activities of the Regional
Economic Communities and the parliamentary fora of
Africa.
8.
Adopt its Rules of Procedure, elect
its own President and propose to the Council and the Assembly the size and
nature of the support staff of the Pan-African Parliament.
9.
Perform such other functions as it
deems appropriate to achieve the objectives set out in Article 3 of this
Protocol.
Article 12: RULES
OF PROCEDURE AND ORGANIZATION OF THE PAN-AFRICAN PARLIAMENT
1.
The Pan-African Parliament shall
adopt its own Rules of Procedure on the basis of a two-thirds majority of all
its members.
2.
The Pan-African Parliament shall
elect, at its first sitting following its election, by secret ballot, from
among its members and in accordance with its Rules of Procedure, a President
and four (4) Vice Presidents representing the Regions of Africa as determined by
the OAU. The election shall, in each case, be by simple majority of the members
present and voting.
3.
The terms of office of the President
and the Vice-Presidents shall run with the National Parliament or the
deliberative organ which elects or designates them.
4.
The Vice-Presidents shall be ranked
in the order of first, second, third and fourth initially, in accordance with
the result of the vote and subsequently by rotation.
5.
The President and the
Vice-Presidents shall be the Officers of the Pan-African Parliament. The
officers, under the control and direction of the President and subject to such
directives as may be issued by the Pan-African Parliament, shall be responsible
for the management and administration of the affairs and facilities of the
Pan-African Parliament and its organs. In the discharge of their duties, the
Officers shall be assisted by the Clerk and the two Deputy Clerks.
6.
The Pan-African Parliament shall
appoint a Clerk, two Deputy Clerks and such other staff and functionaries as it
may deem necessary for the proper discharge of its functions and may by
regulations provide for their terms and conditions of office in accordance with
the relevant OAU practice as appropriate.
7.
The President shall preside over all
Parliamentary proceedings except those held in committee and, in his or her
absence, the Vice-Presidents shall act in rotation, in accordance with the
Rules of Procedure which shall also deal with the powers of the person
presiding over Parliamentary proceedings.
8.
The Office of the President or
Vice-President shall become vacant if he or she:
(a)
dies;
(b)
resigns in writing;
(c)
is unable to perform his or her
functions for reasons of physical or mental incapacity;
(d)
is removed on grounds of misconduct;
(e)
ceases to be a Member of the National
Parliament or other deliberative organ;
(f)
is recalled by the National
Parliament or other deliberative organ; or
(g)
ceases to be a Pan-African
Parliamentarian in terms of Article 19 of this Protocol.
9.
Removal on the grounds stipulated in
8 (c) or (d) above shall be on a motion to be decided on by secret ballot and
supported at the end of debate by two-thirds majority of all the Pan-African
Parliamentarians. In the case of removal under the ground stipulated in 8(c),
the motion shall, in addition, be supported by a medical report.
10.
A vacancy in the Office of the President
or Vice-President shall be filled at the sitting of the Pan-African Parliament
immediately following its occurrence.
11.
The quorum for a meeting of the
Pan-African Parliament shall be constituted by a simple majority.
12.
Each Pan-African Parliamentarian shall
have one vote. Decisions shall be made by consensus or, failing which, by a
two-thirds majority of all the Members present and voting. However, procedural
matters, including the question of whether a matter is one of the procedure or
not, shall be decided by a simple majority of those present and voting, unless
otherwise stipulated in the Rules of Procedure. In the event of an equal number
of votes, the person presiding shall have a casting vote.
13.
The Pan-African Parliament may
establish such committees, as it deems fit, for the proper discharge of its
functions and in accordance with its Rules of Procedure.
14.
Until the Pan-African Parliament
appoints its staff, the General Secretariat of the OAU shall act as its
Secretariat.
Article 13: OATH
OF OFFICE
At
its first sitting, after the election and before proceeding with any other
matter, the Pan-African Parliamentarians shall take an oath or make a solemn
declaration which shall be set out as an Addendum to this Protocol.
Article 14: SESSIONS
1.
The inaugural session shall be
presided over by the Chairperson of the OAU/AEC until the election of the
President of the Pan-African Parliament who shall thereafter preside.
2.
The Pan-African Parliament shall
meet in ordinary session at least twice a year, within a period to be
determined in the Rules of Procedure. Each ordinary session may last up to one
month.
3.
Two-thirds of the Pan-African
Parliamentarians, the Assembly or the Council, through the Chairperson of the
OAU, may, by written notification addressed to the President, request an
Extraordinary session. The request shall provide a motivation for and details
of the matters to be discussed at the proposed Extraordinary session. The
President shall convene such a session which shall discuss only the matters
stipulated in the request. The session shall end upon exhaustion of the agenda.
4.
The proceedings of the Pan-African
Parliament shall be open to the public, unless otherwise directed by the
Bureau.
Article 15:
BUDGET
1.
The annual budget of the Pan-African
Parliament shall constitute an integral part of the regular budget of the
OAU/AEC.
2.
The budget shall be drawn up by the
Pan-African Parliament in accordance with the Financial Rules and Regulations
of the OAU/AEC and shall be approved by the Assembly until such time as the
Pan-African Parliament shall start to exercise legislative powers.
Article 16: SEAT
OF THE PAN-AFRICAN PARLIAMENT
The
seat of the Pan-African Parliament shall be determined by the Assembly and
shall be located in the territory of a State Party to this Protocol. However,
the Pan-African Parliament may convene in the territory of any Member State at
the invitation of that Member State.
Article 17:
WORKING LANGUAGES
The
working languages of the Pan-African Parliament shall be, if possible, African languages,
Arabic, English, French and Portuguese.
Article 18: THE
RELATIONSHIP BETWEEN THE PAN-AFRICAN PARLIAMENT AND THE PARLIAMENTS OF REGIONAL
ECONOMIC COMMUNITIES AND NATIONAL PARLIAMENTS OR OTHER DELIBERATIVE ORGANS.
The
Pan-African Parliament shall work in close co-operation with the Parliaments of
the Regional Economic Communities and the National Parliaments or other
deliberative organs of Member States. To this effect, the Pan-African
Parliament may, in accordance with its Rules of Procedure, convene annual
consultative fora with the Parliaments of the Regional
Economic Communities and the National Parliaments or other deliberative organs
to discuss matters of common interest.
Article 19:
WITHDRAWAL
The
Pan-African Parliamentarians from a Member State which withdraws from the Community
shall automatically cease to be Pan-African Parliamentarians.
Article 20:
INTERPRETATION
The
Court of Justice shall be seized with all matters of interpretation emanating
from this Protocol. Pending its establishment, such matters shall be submitted
to the Assembly which shall decide by a two-thirds majority.
Article 21:
SIGNATURE AND RATIFICATION
1.
This Protocol shall be signed and
ratified by the Member States in accordance with their respective
Constitutional procedures.
2.
The instruments of ratification or
accession shall be deposited with the Secretary General of the OAU.
Article 22:
ENTRY INTO FORCE
This
Protocol shall enter into force thirty (30) days after the deposit of the
instruments of ratification by a simple majority of the Member States.
Article 23:
ACCESSION
1.
Any Member State may notify the
Secretary General of its intention to accede to this Protocol after its entry
into force. The Secretary General shall, upon receipt of such notification,
transmit copies thereof to all Member States.
2.
For any Member State acceding to
this Protocol, the Protocol shall come into force on the date of the deposit of
its instrument of accession.
Article 24:
AMENDMENT OR REVISION OF THE PROTOCOL
1.
This Protocol may be amended or
revised by the decision of a two-thirds majority of the Assembly.
2.
Any Member State party to this
Protocol or the Pan-African Parliament may propose, in writing to the Secretary
General, any amendment or revision of the Protocol.
3.
The Secretary General shall notify
the proposal to all Member States at least thirty (30) days before the meeting
of the Assembly, which is to consider the proposal.
4.
The Secretary General shall request
the opinion of the Pan-African Parliament on the proposal and shall transmit
the opinion, if any, to the Assembly, which may adopt the proposal, taking into
account the opinion of the Pan-African Parliament.
5.
The amendment or revision shall
enter into force thirty (30) days after the deposit of the instruments of
ratification with the Secretary General by two-thirds of Member States.
Article 25:
REVIEW OF THE PROTOCOL
1.
Five years after the entry into
force of this Protocol, a Conference of the States Parties to this Protocol
shall be held to review the operation and effectiveness of this Protocol, with
a view to ensuring that the objectives and purposes of this Protocol, as well
as the vision underlying the Protocol, are being realised and that the Protocol
meets with the evolving needs of the African Continent.
2.
At intervals of ten years
thereafter, further Review Conferences of States Parties to this Protocol may
be convened with the same objective as stated in Paragraph 1 above. Such Conferences
may be convened at an interval of less than ten years, if so decided by the Pan-African
Parliament.
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