Protocol on Relations between the African Union (AU) and the Regional Economic Communities (RECs)

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African Regional Bodies · African Union (AU)
Date
27 January 2008
Language
English
Type
Protocol
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African Union

Protocol on Relations between the African Union (AU) and the Regional Economic Communities (RECs)

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  • [This is the version of this document at 27 January 2008.]
THE PARTIESINSPIRED by the objectives of the Constitutive Act of the African Union and the Treaty Establishing the African Economic Community (AEC) particularly regarding the need to accelerate the political and socio-economic integration of the continent through the integration process of the RECs;RECALLING the Declarations and commitments made by Member States of the African Union intended to accelerate integration, such as the Sirte Declaration (1999), Lusaka Declaration (2001) and the Durban Declaration (2002);TAKING into account the role of the African Union, in terms of the provisions of Paragraphs 1 and 3 of Article 88 of the Treaty Establishing the African Economic Community of promoting closer cooperation among the RECs, in particular, through the co-ordination and harmonization of their policies, measures, programmes and activities in all fields and Sectors;AWARE of the need to establish a mechanism for the harmonisation and strategic planning of programmes by the African Union and RECs taking into account the NEPAD process so as to accelerate the integration of Africa;CONSCIOUS of the need for the co-ordination and the harmonization of the policies, measures, programmes and activities of the RECs and their urgent integration so as to accelerate the establishment of the African Common Market, as a prelude to the AEC;AWARE of the responsibility placed on both the African Union and the RECs to ensure that the latter are integrated in the most economic and effective manner and the integration process of Africa is accelerated to enable Africa to face the challenges of globalisation;STRESSING the need for relations between the African Union and the RECs intended to emphasize the principle of gender equality in all areas of cooperation;AGREEING on the need to enhance integration in the social, cultural and political areas, including the need to maintain peace and security;AGREEING ALSO on the need to establish a co-operation mechanism between the Union and the RECs in the promotion of good governance, human rights, the rule of law, humanitarian concerns and a democratic culture in Africa;AWARE of the need to define the role of the Union and that of the RECs taking into account the principle of subsidiarity and thereby allowing the RECs to advance the integration agenda in specific areas;CONVINCED of the need to establish an institutional framework to govern relations between the Union and the RECs:NOW THEREFORE IT IS HEREBY AGREED as follows:

Chapter One
Preliminary provisions

Article 1 – Definitions

In this Protocol, unless the context otherwise requires:“African Union” or “Union” means the African Union established under Article 2 of the Constitutive Act;"Assembly" means the Assembly of Heads of State and Government of the Union;“Bureau of the Assembly” means the Chairperson and Vice-Chairpersons of the Assembly;“Chairperson” means the Chairperson of the Commission of the Union;“Chief Executive” means the Chief Executive Officer of a Regional Economic Community;“Commission” means the Commission of the Union established under Article 5.1 (e) of the Constitutive Act of the African Union“Commissioner” means a Commissioner of the Union appointed by the Assembly under Article 9.1 (i) of the Constitutive Act;“Community” means the African Economic Community (AEC) established by Article 2 of the Treaty defined infra;“Committee on Co-ordination” means the Committee established by Article 6 (a) of this Protocol;“Committee of secretariat Officials” (CSO) means the Committee set out in Article 6 (b) of this Protocol;“Constitutive Act” means the Constitutive Act of the Union adopted in Lome, Togo, on 11th July 2000;"Executive Council" means the Executive Council of the Union;“Parties” means the Parties to this Protocol namely the Union and the Regional Economic Communities“Policy organs” means the decision-making organs established by the legal instruments of the Union and the RECs;“Treaty” means the Treaty Establishing the African Economic Community;"Treaties" means the treaties establishing the Regional Economic Communities;“Protocol” means the present Protocol;“Regional Economic Community (REC)” means a regional grouping of African states organized into a legal entity by treaty, with economic and social integration as main objective; and“Specialized Technical Committees”(STCs) means the Specialized Technical Committees of the Union established under Article 5 of the Constitutive Act.

Article 2 – Scope of application

This Protocol shall apply to the mechanism established by the Parties in the implementation of measures in the economic, social, political and cultural fields including gender, peace and security, intended to fulfil the responsibilities placed on them by the Constitutive Act, Treaty and this Protocol.

Article 3 – Objectives

The objectives of this Protocol are to:
(a)formalize, consolidate and promote closer co-operation among the RECs and between them and the Union through the co-ordination and harmonization of their policies, measures, programmes and activities in all fields and sectors;
(b)establish a framework for co-ordination of the activities of RECs in their contribution to the realization of the objectives of the Constitutive Act and the Treaty;
(c)strengthen the RECs in accordance with the provisions of the Treaty and decisions of the Union;
(d)implement the Sirte Declaration with regard to the acceleration of integration process and shorten the periods provided for in Article 6 of the Treaty;
(e)set and monitor general and specific benchmarks for the establishment of the African Common Market;
(f)establish a framework for linking the operations of the Specialized Technical Committees (STCs) and the sectoral Cluster Committees of the Economic, Social and Cultural Council of the Union (ECOSOCC) to the operations of the RECs;
(g)establish a co-ordination mechanism of regional and continental efforts for the development of common positions by its members in negotiations at the multilateral level;
(h)encourage the sharing of experiences in all fields among the RECs and ensure harmonization of their cooperation with potential donors and international financial institutions;
(i)ensure that gender is mainstreamed into all the programmes and activities within the relationships among the RECs and between the RECs and the Union.

Article 4 – General undertakings

The Parties undertake, in conformity with the Constitutive Act, the Treaty and this Protocol to co-ordinate their policies, measures, programmes and activities with a view to avoiding duplication thereof. To this end, the Parties shall:
(a)cooperate and coordinate the policies and programmes of the RECs with those of the Union;
(b)exchange, at all appropriate levels, information and experiences on programmes and activities and implement the provisions of this Protocol;
(c)promote inter-regional projects in all fields; and
(d)support each other in their respective integration endeavours and agree to attend and participate effectively in all meetings of each other and in the activities required to be implemented under this Protocol.

Article 5 – Specific undertakings

1.The RECs which have not yet done so, shall take the necessary steps to review their treaties in order to establish an organic link with the Union and in particular with a view to:
(a)strengthening of their relations with the Union;
(b)alignment of their programmes, policies and strategies with those of the AU;
(c)providing for an effective implementation of this Protocol; and
(d)providing for the eventual absorption, at stage 5 as set out in Article 6(2, e) of the Treaty, of the RECs into the African Common Market, prelude to the Community.
2.The Union undertakes to discharge fully its responsibility of strengthening the RECs as well as of coordinating and harmonizing their activities.

Chapter Two
Institutional framework

Article 6 – Establishment of institutional organs

The following organs for co-ordinating policies, measures, programmes and activities of RECs and ensuring the implementation of this Protocol are hereby established:
(a)the Committee on Co-ordination; and
(b)the Committee of secretariat Officials (CSO).

Article 7 – The Committee on Co-ordination

Composition and functions
1.The Committee on Co-ordination shall consist of:
(a)the Chairperson;
(b)the Chief Executives;
(c)the Executive secretary of the United Nations Economic Commission for Africa (UNECA);
(d)the President of the African Development Bank (ADB); and
(e)The chief executives of the Financial Institutions Of the Union.
2.The Committee on Co-ordination shall be responsible for:
(a)providing policy orientation pertaining to the implementation of this Protocol;
(b)co-ordinating and harmonizing the macro-economic policies, peace and Security policies, other policies and activities of the RECs, including the priority sectors of agriculture, industry, transport and communication, energy and environment, trade and customs, monetary and financial matters, integration legislation, human resources, gender, tourism, science and technology, cultural and social affairs, democracy, governance, human rights and humanitarian matters;
(c)monitoring and keeping under constant review, progress made by each REC towards the implementation of stages 2 through 4 as set out in Article 6 of the Treaty;
(d)adopting the budget referred to in Article 23 of this Protocol;
(e)determining the modalities of implementing decisions and directives of the Assembly and the Executive Council on the implementation of the Treaty;
(f)mobilizing resources for the implementation of the Treaty; and
(g)considering recommendations of the Committee of Secretariat Officials covering (a) through (c) above.
3.In order to facilitate the harmonious and expeditious implementation of the provisions of the Treaty, the treaties and this Protocol, the Committee on Co-ordination shall have the power to implement the provisions of this Protocol and submit regular progress reports to their respective policy organs including issues requiring their approval.

Article 8 – Meetings of the Committee on Co-ordination

1.The Committee on Co-ordination shall meet at least twice a year and shall be chaired by the Chairperson.
2.The decisions of the Committee shall be taken by consensus or, failing consensus, by a simple majority of members present and voting. The decisions of the Committee shall be forwarded to the Executive Council as recommendations on matters of policy aimed at an harmonized and efficient approach to Africa’s integration.
3.At least one of the meetings of the Committee on Co-ordination shall take place four months before the next ordinary session of the Assembly.
4.The Executive Secretary of the LINECA and the President of the ADB shall provide advice to the Committee and shall have the right to vote on such matters as shall be stipulated in the rules of procedure adopted under paragraph 5 of this Article.
5.Subject to the provisions of the Treaty and the treaties, the Committee on Co­ordination shall determine its own rules of procedure for the conduct of its meetings.
6.Members of the Committee may be accompanied to meetings by experts and advisers.
7.The Committee may invite any African institution with expertise in relevant matters to participate in its work and to attend its meetings as an observer.

Article 9 – The Committee of Secretariat Officials

Composition and functions
1.The Committee shall consist of:
(a)the representatives of the Chairperson responsible for co-ordination of the activities of the RECs;
(b)representative of the chief executives of the RECs responsible for the co-ordination of integration with the Union;
(c)the representative of the Executive Secretary of the UNECA responsible for economic integration;
(d)the representative of the President of the ADB responsible for economic integration; and
(e)Representations of the Chief executives of the Financial Institutions of the Union.
2.The Committee shall be responsible for:
(a)preparing and submitting reports to the Committee on Co-ordination on:
(i)policy orientation pertaining to implementation of the Protocol;
(ii)co-ordination and harmonization of the macro-economic policies, peace and security policies, other policies and activities of the RECs, including the priority sectors of agriculture, industry, transport and communication, energy and environment, trade and customs, monetary and financial matters, integration legislation, human resources, gender, tourism, science and technology, cultural and social affairs, governance, democracy, human rights and humanitarian affairs;
(iii)monitoring and constantly assessing the progress made by each REC towards the implementation of stages 2 through 4 as set out in Article 6 of the Treaty;
(b)preparing the budget referred to in Article 23 of this Protocol;
(c)proposing modalities of:
(i)implementing decisions and directives of the Assembly and the Executive Council on the implementation of the Treaty; and
(ii)mobilizing resources for the implementation of the Treaty;
(d)preparing proposals for consideration by STCs.

Article 10 – Meetings of the Committee of Secretariat Officials

1.The Committee shall meet at least twice a year and shall be chaired by the Chairperson’s representative prior to the meetings of the Committee on Co-ordination.
2.The decisions of the Committee shall be taken by consensus or failing consensus, by a simple majority of members present and voting.
3.At least one of the meetings of the CSO shall take place two (2) months before the second meeting of the Committee on Co-ordination.
4.The representative of the Executive Secretary of the UNECA and the representative of the President of the ADB shall provide advice to the CSO and shall have the right to vote on such matters as shall be stipulated in the rules of procedure adopted under paragraph 5 of this Article.
5.Subject to the provisions of the Treaty and the treaties, the CSO shall determine its own rules of procedure provided that the rules of procedure so adopted shall follow as closely as possible the rules of procedure of the Committee on Co­ordination.
6.The CSO may invite any African institution to participate in its work and to attend its meetings as an observer.

Chapter Three
Implementation benchmarks for the Union

Article 11 – Immediate priority activities by the Union

1.In terms of the provisions of Article 88 (1) and paragraph 2 (a) through (d) of Article 6 of the Treaty, the Union’s role, at stages 1 through 4, is primarily to strengthen existing RECs, establish new ones where none exists and harmonize and coordinate the policies and measures adopted by the RECs into the envisaged African Common Market. To this end the Commission shall:
(a)monitor the implementation and evaluation of the policies, measures, programmes and activities of the RECs and their implementation thereof in order to determine the stage at which each REC shall be placed in terms of the stages set-out in paragraph 2(a) through (d) of Article 6 of the Treaty;
(b)work towards the co-ordination and harmonization of the activities of RECs taking account of the paramount necessity of accelerating the achievement of a continental integration in the context of Sirte Declaration;
(c)in cooperation with the RECs, identify the areas with respect to each regional economic community which requires the assistance of the Commission with a view to strengthening each regional economic community and facilitating the achievement of the objectives of the treaties and the Treaty.
2.The implementation by the Union, of measures, programmes and activities envisaged under the provisions of Article 6 (3) of the Treaty shall be undertaken jointly with the RECs and shall take into account similar measures, programmes and activities being implemented by the latter.
3The Commission shall, in consultation with the RECs, evaluate existing RECs to determine the progress of regional economic integration and thereafter design appropriate programmes to accelerate the integration process.

Chapter Four
Implementation benchmarks for the Regional Economic Communities

Article 12 – The general benchmarks

The RECs shall comply with the provisions of Articles 4 (2) and 6 (2) of the Treaty which envisages, inter alia, the following outputs:
(a)trade liberalization, facilitation, promotion and development with a view to creating a free trade area and a customs union through the eventual adoption of a common external tariff;
(b)Sectoral integration based on harmonized macro-economic policies, enabling free market policies, factor movement and measures that aim to reduce transaction costs of doing business across the borders and thus promote increased domestic production in the Parties member states.

Article 13 – Specific benchmarks

1.The Assembly shall decide, if need be, the specific benchmarks to be attained at each stage in accordance with the guidelines in the Annex to this Protocol.
2.Notwithstanding the provisions of paragraph 1 above, all policies, measures and programmes which shall be implemented in order to achieve a free trade area, a customs union and a common market for each REC shall be implemented latest by the end of the period provided for in the Annex to this Protocol from the date of entry into force of the Treaty.
3.Notwithstanding further the provisions of Article 6 of the Treaty, the co-ordination and harmonization of tariff and non-tariff systems among the RECs with a view to establishing, at continental level, a customs union through the adoption of a common external tariff, shall be achieved within a shorter period in accordance with the Sirte Declaration.
4.Any REC may accelerate the process of integration and achieve the objectives set for each stage in advance of the time limits set out in Article 6 of the Treaty.
5.Every REC shall review and modify its existing Technical Committees to align their functions and structures to that of the STCs.

Chapter Five
Cooperation among the RECs and with the Union

Article 14 – Co-ordination of activities

The Chairperson and the Chief Executives may, prior to a meeting of the Committee on Co-ordination, meet informally to discuss the modalities of co-ordinating their activities.

Article 15 – Joint programmes and closer cooperation

1.RECs may enter into cooperation arrangements under which they undertake joint programmes or activities or more closely co-ordinate their policies, measures and programmes.
2.The Commission and secretariat of the RECs shall cooperate in the preparation of economic summits for the Union.
3.The Union should consult the RECs, the UNECA and the ADB in the preparation of proposals and work programmes for consideration by the STCs.
4.The Commission and the RECs shall designate a focal point with which all the parties may communicate in connection with any matter arising out of the implementation and application of this Protocol, and notify such designation to all the parties.

Article 16 – Participation in meetings and exchange of expertise, experience and information among RECS

1.Each REC shall invite the others to participate in meetings convened by it in which matters of mutual interest are to be discussed.
2.A regional economic community shall be invited, in line with modalities to be mutually agreed upon, to avail another of its experience by putting at its disposal the services of its personnel. The costs for such exchange of expertise shall be borne by the RECs.
3.Subject to necessary arrangements for the safeguarding of the confidentiality of certain information, the RECs shall exchange information and documents and keep each other informed of their policies, measures, programmes and activities of the implementation of this Protocol with a view to fostering closer co-ordination and co-operation for the achievement of the objectives of the Treaty and this Protocol.

Chapter Six
Participation in meetings and the binding nature of decisions

Article 17 – Participation in Union meetings

1.The RECs shall attend and participate, without voting rights, in meetings of the Union.
2.Each REC shall submit to the STCs, the Executive Council and the Assembly a report on progress achieved and difficulties encountered in the implementation of the provisions of this Protocol.

Article 18 – Status of the RECs at Union meetings

The Chief Executives or their representatives shall enjoy the same rights as the Chairperson or his or her representative and shall, accordingly, participate in the deliberations of the Union.

Article 19 – Participation in meetings of RECs

1.The Union shall attend and participate, without voting rights, in meetings of the RECs.
2.The Chairperson shall submit a report to the meetings of the policy organs of the Union and RECs on the implementation of the provisions of the Abuja Treaty and this Protocol.

Article 20 – Status of the Commission at meetings of RECs

The Chairperson or his or her representative shall enjoy the same rights as the Chief Executives and shall, accordingly, participate in the deliberations of the RECs.

Article 21 – Permanent representations

1.The Union shall open a liaison office at the Headquarters of each REC.
2.Each REC shall establish, where it does not exist, a national integration structure in each of its Member States.

Article 22 – Binding Union decisions on RECs

1.In compliance with articles 10 (2) and 13 (2) of the Treaty, the Union shall take measures, through its principal policy organ, against a regional economic community whose policies, measures and programmes are incompatible with the objectives of the Treaty or whose implementation of its policies, measures, programmes and activities lags behind the time limits set out in Article 6 of the Treaty or pursuant to this Protocol.
2.Where it is established that the delay in the implementation of the policies, measures, programmes and activities arising from the provisions of Article 6 of the Treaty is the result of action or omission by member states of any REC, the Assembly or the Executive Council shall address its directives to the relevant Union member states.
3.The decisions of the Assembly and the Executive Council may include any sanctions deemed appropriate in accordance with the Constitutive Act.

Chapter Seven
Financial provisions

Article 23 – Budget

1.The Union shall allocate in its regular budget resources for the implementation of this Protocol and related provisions of the Treaty.
2.A draft budget, for the implementation of the Protocol, for each financial year, shall be prepared by the Chairperson in consultation with the Chief Executives.
3.Each REC shall also provide in its regular budget the resources necessary for the implementation of this Protocol and shall bear the relevant Secretariat service and local transport cost when hosting meetings to this effect.
4.Notwithstanding the provisions of paragraph 1 of this Article, the resources of the budget may be derived from extra-budgetary sources.

Article 24 – Accounts and financial regulations

The RECs shall account for any financial resources provided by the Union in accordance with the provisions of Article 85 of the Treaty.

Article 25 – Financial and technical support

1.The Parties recognize that the main obstacles to the full implementation of the policies, measures and programmes of the RECs include resource constraints, at the levels of the Union, RECs, the member States, the UNECA and the ADB to plan, manage, implement, follow-up and monitor the implementation of agreed decisions, policies, measures, programmes and activities.
2.In order to attain the above objectives the parties shall cooperate in:
(a)the collective mobilization of financial resources to assist RECs to implement, in particular, policies, measures and programmes which shall facilitate the development of respective RECs from one stage to the next as set out in paragraphs 2 (a) through (d) of Article 6 of the Abuja Treaty;
(b)human resource capacity and institution-building;
(c)mobilising technical assistance to RECs according to expressed needs; and
(d)monitoring the implementation and the conformity of programmes agreed upon at the level of the RECs and monitoring their compliance thereof so as to expedite the implementation of the Treaty.

Chapter Eight
General and final provisions

Article 26 – Working languages

For the purposes of this Protocol, the working languages shall be English and French.

Article 27 – Administrative arrangements

1.The Union shall be responsible for all Secretarial, administrative and conference arrangements for all meetings held at the Union Headquarters relating to the implementation of this Protocol.
2.When the meetings are held at the invitation of one of the RECs, the REC concerned shall be responsible for all Secretariat, administrative and conference arrangements.
3.The Union shall facilitate the participation of RECs at all Union meetings.

Article 28 – External relations

1.In the context of realising its integration objectives, a regional economic community may enter into co-operation agreements with other international organizations or with third countries provided that such agreements do not conflict with the objectives of the Constitutive Act, the Treaty and the treaties.
2.Copies of the agreements referred to in paragraph 1 of this Article shall be transmitted to the Chairperson by the RECs parties to them.

Article 29 – Coordinating Ministries or Authorities

For the purposes of the implementation of the provisions of paragraph 2 of Article 88 of the Treaty and of Article 4 of this Protocol, the Parties agree to invite their Member States to designate the same coordinating Ministry for the implementation of the Treaty and the treaties.

Article 30 – Harmonization of mechanisms for promotion of peace, security and stability

1.For the purpose of the implementation of the provisions of Article 3(a) of this Protocol and Articles 7(j) and 16(4) of the Protocol Establishing the Peace and Security Council of the African Union, the Parties agree to undertake the following:
(a)to harmonize and coordinate their activities in the field of peace, security and stability to ensure that these activities are consistent with the objectives and principles of the Union and those of the RECs;
(b)to work closely to ensure effective partnership between them in the promotion and maintenance of peace, security and stability; and
(c)to determine the modalities of the relationship in the promotion of peace, security and stability through a Memorandum of Understanding between the Union and the RECs.
2.Notwithstanding the provisions of Article 14 of the Protocol Establishing the Peace and security Council of the African Union, the co-ordination and harmonization of mechanisms to prevent, manage and resolve conflicts among the RECs with a view to establishing, at continental level, a peace and security architecture, shall be achieved within the shortest possible time.

Article 31 – Amendments

1.Any Party may propose amendments to this Protocol.
2.Proposals made pursuant to paragraph 1 of this Article shall be submitted, in writing, to the Committee on Co-ordination, which shall make appropriate recommendations to the Parties.
3.Amendments shall enter into force after approval by the Parties.

Article 32 – Dispute resolution

1.Any dispute arising between the parties from the interpretation or application of the provisions of this Protocol shall be resolved amicably by the Parties concerned within the Committee on Co-ordination.
2.If the Committee on Co-ordination is unable to resolve the dispute, the dispute shall be referred to the Court of Justice of the Union by any Party for settlement in conformity with the Articles 18 and 19 of the Protocol of the Court.
3.In any dispute arising from the interpretation or applicability of the provisions of the Constitutive Act, the Treaty and the treaties, the Constitutive Act shall prevail, ipso facto, the Constitutive Act and this Protocol shall constitute the legal basis for the Parties who are not signatories to the Treaty.

Article 33 – Entry into force and accession

1.This Protocol shall enter into force when signed by the Chairperson and by the Chief Executives of at least three (3) RECs.
2.This Protocol shall be formally endorsed by the Assembly.
3Any REC which is not a Party to this Protocol on the date of its entry into force may accede to it.
4.This Protocol shall enter into force in relation to an acceding REC on the date on which its instrument of accession is deposited with the Chairperson.

Article 34 – Termination of the Protocol on Relations between the AEC and the RECs

The operation of the Protocol on Relations between the African Economic Community and RECs, which entered into force on 25 February 1998 shall terminate upon the entry into force of this Protocol.

Article 35 – Depository

This Protocol prepared in six original texts in English, French, Arabic Portuguese, Spanish and Swahili languages, the six texts being equally authentic, shall be deposited with the Chairperson, who shall transmit certified copies thereof to the Parties and to their Member States.
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History of this document

27 January 2008 this version
Consolidation