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A. The subject
The African Union is the latest institutional manifestation
of a long-standing quest for economic and political unity
in Africa. It constitutes the present day concretisation
of the Pan-Africanist ideals dedicated to the economic,
social and cultural advancement of the peoples of Africa.
The creation of the African Union represents the most
significant political change in interstate relations in
Africa in the past forty years.
In contrast to the Charter of its predecessor- the OAU,
the Constitutive Act of the African Union establishes
a new set of principles that, if implemented in practice,
could place this pan-african institution in the forefront
of the global struggle for human security, human rights,
and good governance. They could equally enable it to join
in the fight against impunity, capital punishment, terrorism
and undemocratic changes of government. The very fact
that these principles are now accepted by all African
States is a major victory for the peoples of Africa and
a significant setback for dictators, warlords, anti-democratic
forces, and human rights violators in the continent.
In addition to the right of intervention of the AU in
a member State, without its consent, to prevent war crimes,
genocide and crimes against humanity, the Constitutive
Act contains a number of principles which might be considered
groundbreaking in the context of the evolution of “African
international law”. Thus, it provides for the right
of Member States to request intervention from the Union
in order to restore peace and security, the promotion
of gender equality, respect for democratic principles,
human rights, the rule of law and good governance, respect
for the sanctity of human life, condemnation and rejection
of impunity and political assassination, acts of terrorism
and subversive activities, and enunciates the condemnation
and rejection by the AU of unconstitutional changes of
government.
B. Aims and contents of the book
The objective of this
book on the African Union, its Constitutive Act, Protocols,
and Charters, is to contribute to a better understanding
of the origins, principles and objectives, structure,
organs, and scope of operation of the new Pan-African
Organization.
Through a scholarly analysis of the various instruments
which constitute together the political and legal framework
that define the functions, objectives and operational
arms of the organization, it is meant to offer a concise
and clear picture of the nature and workings of an institution
aimed at reflecting the innermost aspirations of the
peoples of the African continent at the dawn of the
Twenty-first Century.
As an introductory work on the new “ Law of the
African Union”, the book is aimed at a large readership
of scholars, diplomats, policymakers, legislators, students
and the wider public to bring into common knowledge
this unique African institution and the manner in which
it operates in practice.
It consists of twenty- one chapters clustered under
six main parts dealing with the various aspects of the
structure, activities and relationships of the African
Union. Part I deals with the background and evolution
of pan-african institutions, the transition from the
OAU to the AU and the principles and objectives underlying
the new organization. Part II is devoted to an analysis
of the institutional framework of the AU with particular
emphasis on the role, functions, and decision-making
procedures of the most important organs , while part
III examines the normative framework for economic integration,
good governance and development focusing in particular
on the African Economic Community, the NEPAD and the
Peer Review Mechanism established under the latter to
secure the conditions for African States to promote
their own economic, social and political development.
Part IV on peace and security relates to the role of
the AU in conflict prevention and resolution, the right
of the Union to intervene in internal conflicts, and
contains case studies on its recent efforts aimed at
the maintenance of peace and security in Burundi, Cote
d’ivoire, DRC, Sudan and other internal conflicts
in the continent.
Part V deals with the normative and institutional framework
established by the AU, and its predecessor- the OAU,
for ensuring respect for human rights in the continent,
and examines in particular the African Charter on Human
and Peoples Rights and its Protocol, the African Charter
on Women’s Rights, and the Charter on Children’s
Rights.
Part VI analyses the upstream and downstream relationships
of the organization first with respect to the universal
organization of the United Nations, to which all its
Member States belong, and secondly with regard to the
sub-regional economic integration institutions established
in various parts of the continent.
C. Contributors and Schedule of work
Contributors to the book will be drawn from prominent
African scholars in international law, international relations,
the law of international organizations and specialists
in the affairs of the African Union and sub-regional African
organizations with a preface by the President of the AU
Commission.
The preparation of the book will proceed in two stages
of six months each. A meeting of all contributors will
be held in the middle to review progress through detailed
discussion of first drafts, and to coordinate and assess
the quality of contributions. English language contributions
will be translated into French and vice-versa so that
the French and English editions of the book can be published
simultaneously by the end of 2005.
D. Edition for schools
A simplified edition for schools will be prepared
at a later stage to make the work accessible to African
school children so that the younger generation can acquaint
itself with the aims and principles of the AU, the NEPAD,
the African economic community, and their achievements
and aspirations for the continent.
Annex : Table of Contents
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Publication of a Manual:
