Constitution of the African Civil Aviation Commission
- [This is the version of this document at 16 December 2009.]
I General provisions
Article 1 – DefinitionsFor the purpose of this Constitution the terms and expressions below shall have the following meaning:"Abuja Treaty" means the Treaty Establishing the African Economic Community adopted at Abuja, Nigeria on 3 June, 1991 and which entered into force on 12 May 1994;"AFCAC" means the African Civil Aviation Commission as established in 1969 and referred to in Article 2 of this Constitution;"AFCAC Region" shall refer to a geographical region of Africa, as defined by the African Union;"African State" means an African State, member of the African Union or the United Nations;"Assembly" means the Assembly of Heads of State and Government of the African Union;"AU" means the African Union as established by the Constitutive Act of the Union;"Bureau" means the AFCAC Bureau as described in Article 12 of this Constitution;"Chairperson" means the Chairperson of the African Union Commission;"Constitution" means this AFCAC Constitution as adopted by the Meeting of Plenipotentiaries held in Dakar, Senegal on the 16th of December 2009;"Executing Agency" means the Body referred to in Article 9.4 of the Yamoussoukro Decision;"Executive Council" means the Executive Council of Ministers of the African Union;"ICAO" means the International Civil Aviation Organization created pursuant to the Chicago Convention. 1944 and which is the international body responsible for the regulation of civil aviation worldwide;"Member State" means an African State which has signed or ratified/acceded to the AFCAC Constitution;"Monitoring Body" means the Monitoring Body established by Article 9.2 of the Yamoussoukro Decision;"NEPAD" means the AU New Partnership for African Development Programme;"Plenary" means the Assembly of designated representatives of Member States of AFCAC whose functions are described in Article 10 of this Constitution;"RECS" means the Regional Economic Communities as recognized by the AU;"Secretariat" means the organ referred to in Article 14 of this Constitution;"Secretary General" means the Secretary General of AFCAC as provided for under Article 14 of this Constitution;"Sub-Committee on air transport established under Article 9.1 of the Yamoussoukro Decision" means the sub-sectoral Committee on air transport, the Body referred to in Article 3 of the Rules of Procedure of the Conference of Ministers of Transport, adopted by the Thirteenth Session of the Executive Council held in Sharm El Sheikh, Egypt, from 24 to 28 June 2008;“Yamoussoukro Decision” means the Decision relating to the Implementation of the Yamoussoukro Declaration concerning the liberalization of access to air Transport markets in Africa done at Yamoussoukro on 14 November 1999.
Article 2 – Establishment of AFCACThere shall continue to be the African Civil Aviation Commission (AFCAC) as established by the 1969 AFCAC Constitution. AFCAC is the Specialized Agency of the African Union responsible for Civil Aviation matters in Africa.
Article 3 – ObjectivesAFCAC’s objectives shall be inter alia:
Article 4 – FunctionsAFCAC shall carry out the following functions:
Article 5 – MembershipMembership shall be open to all African States. Each Member State shall enjoy equal rights in terms of participation and representation at AFCAC meetings.
Article 6 – Legal capacityAFCAC shall enjoy, in the territory of each Member State, legal capacity accorded to legal persons under the national laws of the Member States as may be necessary for the fulfilment of its objectives and the exercise of its functions.
Article 7 – Privileges and immunitiesAFCAC, its Representatives and Staff shall enjoy in the territory of each Member State, the privileges and immunities stipulated in the 1964 General Convention on the Privileges and Immunities of the OAU/AU.
Article 8 – Headquarters
II AFCAC structures
Article 9 – Organs of AFCACThe Organs of AFCAC shall be:
Article 10 – The Plenary
Article 11 – Functions of the PlenaryThe functions of the Plenary shall be to:
Article 12 – The Bureau
Article 13 – Functions of the BureauThe functions of the Bureau shall be to:
Article 14 – The Secretariat
Article 15 – Reports to the Sub-Committee on Air TransportThe Sub-Committee on Air Transport is the Conference of Ministers responsible for air transport matters in Africa, whose mandate shall be to, inter alia, consider and adopt recommendations submitted by AFCAC on all activities concerning the functions of the Executing Agency entrusted to it and other matters requiring political Decisions in accordance with the African Union procedures.
III International relations
Article 16 – Cooperation with other organizationsAFCAC shall work in close cooperation with the different AU Organs, RECs, ICAO, United Nations Economic Commission for Africa (UN-ECA) as well as with other governmental and non-governmental international organizations, civil aviation service providers on civil aviation matters of mutual interest.
IV Financial matters
Article 17 – Financial resources
Article 18 – Sanctions
V Transitional and final provisions
Article 19 – Signature, ratification, accession and entry into force
Article 20 – Transitional arrangementsWithout prejudice to Article 26, a Member State under the 1969 AFCAC Constitution shall continue to maintain its membership of AFCAC until such a time that this Constitution comes into force definitively.
Article 21 – DenunciationAny denunciation of this Constitution shall be made through appropriate notification to the Chairperson of the AU Commission who, within thirty (30) days, shall advise AFCAC and its Member States accordingly. The denunciation of any State from membership of AFCAC shall become effective one (1) year following the receipt by the Chairperson of the AU Commission of such notification.
Article 22 – Amendment and revision
Article 23 – Settlement of disputes
Article 24 – Working languagesThe working languages of AFCAC shall be those of the AU.
Article 25 – RegistrationThis Constitution shall be registered with ICAO in compliance with Article 83 of the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944.
Article 26 – AbrogationThis Constitution shall abrogate and supersede, as of the date of its entry into force, the AFCAC Constitution adopted at Addis Ababa, Ethiopia, on 17 January 1969.
History of this document
16 December 2009 this version