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African Civil Aviation Commission Constitution (AFCAC)

Repealed
This Act was repealed on 2010-05-11 by Constitution of the African Civil Aviation Commission, 2009.
African Civil Aviation Commission Constitution (AFCAC)
Jurisdiction
African Regional Bodies · African Union (AU)
Date
17 January 1969
Language
Type
Act
Publication
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African Union

African Civil Aviation Commission Constitution (AFCAC)

  • Published
  • Commenced on 15 March 1972
  • [This is the version of this document at 17 January 1969.]
  1. [Repealed by Constitution of the African Civil Aviation Commission, 2009 on 11 May 2010]
11Came into force provisionally on 17 January 1969 in respect of the following States, on behalf of which it had been signed on that date, in accordance with article 14:
Central African RepublicMaliSierra Leone
CongoMauritaniaTogo
EgyptMauritiusUnited Republic of Cameroon
EthiopiaMoroccoUnited Republic of Tanzania
GhanaNigeriaUpper Volta
Ivory CoastSenegalZambia
Libyan Arab Republic  
Subsequently, the Convention came into force in respect of the following States, with provisional effect from the date of signature, in accordance with article 14:
StateDate of signatureStateDate of signature
Algeria3 March 1971Malawi25 June 1969
Benin17 February 1972Niger8 July 1969
Lesotho27 March 1973Rwanda9 December 1970
Liberia17 January 1969Swaziland23 June 1970
The Convention came into force definitively on 12 January 1972 in respect of the following 20 Member States of the Organization of African Unity, on behalf of which an instrument of ratification had been deposited with the Secretariat of the Organization of African Unity, in accordance with article 14:
StateDate of deposit of the instrument of ratificationStateDate of deposit of the instrument of ratification
Algeria8 October 1971Nigeria14 December 1970
Chad10 March 1971Senegal13 April 1971
Egypt28 July 1969Sudan8 July 1971
Ghana10 December 1970Swaziland23 June 1971
Ivory Coast16 November 1970TogoI July 1971
Kenya16 May 1969Uganda18 November 1969
Malawi7 August 1969United Republic of Cameroon12 January 1972
Mali16 April 1970United Republic of Tanzania26 September 1969
Morocco15 March 1971Upper Volta12 March 1971
Niger22 June 1970Zambia10 December 1971
Subsequently, the Convention came into force in respect of the following Member States of the Organization of African Unity, on the date of deposit of their instruments of ratification with the Secretariat of the Organization of African Unity, in accordance with article 14:
StateDate of deposit of the instrument of ratificationStateDate of deposit of the instrument of ratification
Benin31 January 1973Liberia16 September 1974
Burundi19 April 1973Libyan Arab Republic29 August 1973
Congo2 April 1973Rwanda8 April 1974
Ethiopia8 January 1975Sierra Leone17 August 1973
Gabon17 April 1972Somalia5 April 1972
Guinea2 June 1975Zaire12 December 1973
Lesotho27 August 1973  
1.The African Civil Aviation Commission (AFCAC) is an autonomous body and membership shall be open to African States members of ECA or OAU.
2.AFCAC is a consultative body and its conclusions and recommendations shall be subject to acceptance by each of the governments.

Objectives

3.The objectives of AFCAC are:
(a)to provide the civil aviation authorities in the member States with a framework within which to discuss and plan all the required measures of co-ordination and co-operation for all their civil aviation activities;
(b)to promote co-ordination, better utilization and orderly development of African air transport systems.

Functions

4.1The functions of AFCAC shall, in particular, include:
(a)formulating plans at the regional and sub-regional levels for the operation of air services within and outside Africa;
(b)carrying out studies of the feasibility of standardization of flying equipment and ground units servicing aircraft;
(c)carrying out studies of the possibility of integration of the policies of governments regarding commercial aspects of air transport;
(d)carrying out studies of intra-African fares and rates with a view to adopting a structure conducive to the rapid growth of traffic in Africa;
(e)carrying out studies of regional or sub-regional air transport economic questions other than those mentioned in (b), (c) and (d) above;
(f)encouraging the application of ICAO standards and recommendations on facilitation and supplementing them by further measures aimed at greater facilitation of the movement by air of passengers, cargo and mail;
(g)fostering arrangements between States whenever this will contribute to the implementation of
(i)ICAO regional plans for air navigation facilities and services, and
(ii)ICAO specifications in the fields of airworthiness, maintenance and operation of aircraft, licensing of personnel and aircraft accident investigation;
(h)fostering and co-ordinating programmes for the development of existing and future training facilities to cope with the present and future regional and sub-regional requirements for personnel in all fields of civil aviation;
(i)studying the need for collective arrangements for technical assistance in Africa with a viflw to obtaining the best possible use of all available resources, particularly those provided within the framework of the United Nations Development Programme.
4.2AFCAC shall, in the exercise of its functions, work in close consultation and co-operation with OAU, ECA, ICAO and any other governmental or non-governmental international organization concerned with civil aviation.

Organization and working arrangements

5.AFCAC shall meet in ordinary plenary session once every two years.
6.At each ordinary plenary session, AFCAC shall elect its President and four Vice Presidents, one for each sub-region, who will constitute the Bureau of AFCAC.
7.Extraordinary plenary meetings may be convened by the Bureau and must be convened if the Bureau received a request from two-thirds of the AFCAC members.
8.At each ordinary plenary session, AFCAC shall establish its work programme for the period until the following ordinary plenary session.
9.The direction, co-ordination and steering of the work programme between ordinary plenary sessions shall be the responsibility of the Bureau of AFCAC.
10.AFCAC shall determine its own internal organization, arrangements and procedures, including the formation of committees to study special aspects of civil aviation in Africa.
11.Member States should be represented at meetings of AFCAC by delegates senior in rank and competent in the field to be discussed for the authoritative handling of the problems.
12.There shall be established by AFCAC a Secretariat for organizing studies, meetings, maintenance of records and the like. The rules governing the recruitment and conditions of service of the staff shall be determined by AFCAC, ICAO, during the initial period to be determined by AFCAC, shall have the following responsibilities:
(i)to provide staff to carry out studies, organize meetings and undertake related activities;
(ii)to handle minutes, correspondence, etc.
AFCAC shall make full use of the experience and assistance of ICAO in conformity with the practice followed by the latter with similar international organizations.

Financial matters

13.At each ordinary plenary session, AFCAC shall prepare and approve a budget of the direct costs of its activities, as indicated in the work programme for the ensuing years. AFCAC shall establish its own financial rules for the assessment of members' contributions and control of expenditure. As regards the indirect costs, these shall be the responsibility of ICAO in accordance with the practice followed by ICAO in the joint financing field under Chapter XV of the Chicago Convention.

Signature, ratification and withdrawal

14.The present constitution is open to signature by all States attending the Constitutive Conference of AFCAC and by all other independent African States members of the OAU or ECA.The instruments of ratification shall be deposited with the Secretariat of the OAU which shall give notice of the date of deposit to AFCAC and all member States of AFCAC.The present Constitution shall be open for the signature of African States as of 17 January 1969 at the Headquarters of the OAU in Addis Ababa.The Constitution shall come into force provisionally as of 17 January 1969 and shall come into force definitively after ratification by twenty member States.
15.To withdraw from AFCAC, a State shall address a notification to that effect to the Secretariat of OAU which shall immediately notify AFCAC and all other members.Withdrawal shall take effect one year from receipt of the notification.

Amendment

16.This Constitution may be amended by a two-thirds majority of all members.
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History of this document

11 May 2010
15 March 1972
Commenced
17 January 1969 this version
Consolidation
Country 55 Signature Date 42 Ratification Date 18 Deposit Date 18
Algeria
Angola 2012-01-27 2020-08-31 2020-12-15
Benin 2010-05-11
Botswana
Burkina Faso 2010-05-11 2018-08-27 2018-09-26
Burundi 2012-06-29 2013-06-06
Cabo Verde 2015-09-30 2016-03-28
Cameroon 2014-07-30
Central African Republic 2010-05-13
Chad 2010-05-11
Comoros 2010-05-11
Democratic Republic of the Congo
Djibouti
Egypt 2010-05-11
Equatorial Guinea 2018-11-18
Eritrea
Eswatini 2021-10-29 2021-11-08
Ethiopia 2010-05-11
Gabon 2010-05-11 2014-01-20 2014-06-18
Gambia 2010-12-14 2018-07-11 2019-02-04
Ghana 2010-05-11
Guinea 2012-01-27
Guinea-Bissau 2012-01-27
Ivory Coast 2010-05-11
Kenya 2019-09-20 2019-11-04
Lesotho 2023-02-17
Liberia 2011-05-31
Libya
Madagascar 2014-01-31
Malawi
Mali 2010-05-11 2011-11-22 2012-01-03
Mauritania 2011-01-31
Mauritius
Morocco 2022-03-09
Mozambique 2012-07-19 2017-07-17 2017-08-24
Namibia 2010-05-11
Niger 2010-05-13 2018-01-05 2018-01-23
Nigeria 2011-03-01
Republic of the Congo 2010-05-11 2012-11-20 2012-12-27
Rwanda 2010-05-12 2021-04-12 2021-04-20
Sao Tome and Principe 2016-01-29
Senegal 2010-05-11 2021-03-31 2021-04-06
Seychelles
Sierra Leone 2011-12-13 2015-06-25 2015-10-30
Somalia 2010-03-15
South Africa 2011-11-24
South Sudan 2013-01-24
Sudan 2012-04-04 2018-09-26 2018-12-26
Tanzania 2010-05-11
Togo 2010-05-11 2019-11-12 2020-01-09
Tunisia 2021-10-05 2022-01-27 2022-03-03
Uganda 2010-05-12
Western Sahara 2016-08-16
Zambia 2010-05-11
Zimbabwe 2010-06-21