Events

First Session of the Special Technical Committee on Justice and Legal Affairs of the African Union concluded with concrete recommendations on way forward

Addis Ababa, 16 May 2014: The Meeting of Special Technical Committee (STC) on Justice and Legal Affairs (Ministers of Justice and Attorneys General, Ministers responsible for Issues such as Human Rights, Constitutionalism and Rule of Law) which was organized by the Office of the Legal Counsel of the African Union Commission concluded on 16 May 2014 at the African Union headquarters in Addis Ababa, Ethiopia.
The ministerial Session of the STC on Justice and Legal affairs considered and adopted seven (7) draft legal instruments and recommended them for consideration by the Assembly through the Executive Council at the forthcoming Summit of the African Union to be held in Malabo, Equatorial Guinea, in June 2014. The meeting adopted the following Draft Legal Instruments:

i) Draft African Union Convention on Cross-border Cooperation (Niamey Convention);
ii) Draft African Charter on the Values and Principles of Decentralization, Local Governance and Local Development;
iii) Draft Protocol and Statute on the Establishment of the African Monetary Fund;
iv) Draft African Union Convention on Cyberspace Security and Protection of Personal Data;
v) Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights;
vi) Draft Protocol to the Constitutive Act of the African Union on the Pan-African Parliament;
vii) Draft Rules of Procedure of the Specialized Technical Committee (STC) on Justice and Legal Affairs.

In closing remarks, the Chairperson of the meeting, Prof. FOGUI Jean Pierre, Minister Delegate to the Minister of Justice/ Attorney General of the Republic of Cameroon thanked the Minsters and Delegates, the Government Legal Experts, the Legal Counsel, the staff of the Office of the Legal Counsel, representatives of various departments of the Commission and all who contributed to the successful completion of the deliberation.

For further information contact
Directorate of Information and Communication | African Union Commission I E-mail: dinfo@african-union.org I Web Site: www.au.int I Addis Ababa | Ethiopia

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PRESS RELEASE N. 98/2014

First Session of the Specialized Technical Committee (STC) holds at the AU headquarters

Addis Ababa, 09 May 2014: The first session of the Specialized Technical Committee on Justice and Legal Affairs (former conference of ministers of justice/attorneys from member states including ministers responsible for issues such as human rights, constitutionalism and rule of law) opened on 6 May 2014 at the African Union headquarters in Addis Ababa, Ethiopia.

Prof. Vincent O. Nmehielle, Director of Legal Counsel of the African Union on behalf of the Chairperson H.E. Dr Nkosazana Dlamini-Zuma in his opening address presented the program of the different issues to be discussed during the session. These include: the draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights; the draft Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament; the draft African Union Convention on Cross-Border Cooperation (Niamey Convention); the draft African Union Cyber-Security Convention; the draft African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development; the draft Protocol on the Establishment of the African Monetary Fund; the draft Rules of Procedure of the STC on Justice and Legal Affairs; and the draft African Model Law on Biosafety. (See full speech of the Legal Counsel on the AU website: www.au.int )

The bureau which is composed according to the geographic distribution criteria of the 5 regions of Africa was elected as follows: Chair, Cameroon - Central region; First vice Chair, Namibia – Southern; Second vice chair, Mali – West; Third vice chair, Saharawi Republic – North and Rapporteur, Kenya – East.

The Meeting of Government Legal Experts of the STC on Justice and Legal Affairs ends tomorrow, 14 May 2014 followed by the Meeting of STC of Ministers of Justice and Attorneys General, Ministers responsible for Issues such as Human Rights, Constitutionalism and Rule of Law, scheduled to take place on the 15 and 16 May 2014. The report of the experts will be submitted to the ministerial meeting for adopting.

OS/ EAT

Media Contact:
Mrs. Esther Azaa Tankou, Senior Editorial Officer, Directorate of Information and Communication, African Union Commission, e-mail: yamboue@africa-union.org / esthertankou@yahoo.com , Tel: +251 911 3611 85.
CONTACT PERSONS

( Prof. Vincent O. Nmehielle, Legal Counsel/Director for Legal Affairs, Office of the Legal Counsel; e-mail: nmehiellev@africa-union.org; Tel:0115182308

Mr. Fafre CAMARA, Legal Officer, Office of the Legal Counsel, e-mail: camaraf@Africa-union.org, Tel: 0912151578)

For further information contact
Directorate of Information and Communication | African Union Commission I E-mail: dinfo@african-union.org I Web Site: www.au.int I Addis Ababa | Ethiopia

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The meeting will take place at the AU HQs as follows:

 Meeting of the Governments Legal Experts: 6-14 May 2014;

 Meeting of Ministers of Justice/Attorneys General and Ministers responsible for issues of Human Rights, Constitutionalism and Rule of Law: 15-16 May 2014.

The theme for the Second Edition of the AUCIL forum was: “Law of Regional Integration in Africa”.

Workshop for Western and Northern Regions of Africa on the Importance of Ratification, Accession and Domestication of OAU/AU Treaties of Direct Relevance to Shared Values

Dakar, Senegal 26 August 2013- Treaties adopted by the African Union offer the basis for collective actions and solutions in addressing the political, economic and social challenges that obstruct Africa’s integration and development. Therefore the importance for ratifying and domesticating these treaties is of paramount importance.

Today, 26 August 2013, marked the opening of the second, two-day workshop for sensitising member states on the importance of ratification and domestication of OAU/AU treaties, specifically those with direct relevance to shared values. The workshop assembles the Western and Northern Africa Regions of the AU Member States.

All the major treaties adopted by OAU/AU since its inception, echo the principle of inter-linkage between peace, stability, development, integration and cooperation in Africa. The treaties provide a policy development forum for the elaboration and advancement of shared values within the Continent.

The African Union Commission’s Legal Counsel office explained that the lack of the entry into force of AU Treaties is caused by different reasons. The political will, administrative red tape, bureaucratic coordination and technical capacity are part of the major glitches.

Hiccups in the negotiations, implementing legislation, inconsistent texts and more are also part of the hindrances for the Member States to speed up the ratification of the treaties and successfully gain from them.

On the workshop, it was also noted that the development of model laws is necessary to implement the treaties. Monitoring by treaty bodies and State Party Reporting is also another significant angle to consider.

The workshop aims to encourage Member States to become state parties to the treaties, taking the necessary measures to speed up ratification of, or accession to all OAU/AU Treaties.

Member States believe that the adoption of this principle expressed in treaties would create synergy between the various activities currently undertaken by AU and therefore help to consolidate the integration of Africa.

However, despite the above-mentioned importance of ratifying OAU/AU treaties, AU Member States are slow to ratify them. The problem of the slow pace of ratification of OAU/AU treaties was first discussed with a deep and serious concern during the Meeting of Experts on the Review of the OAU/AU Treaties held from 18 to 20 May, 2004 in Addis Ababa, Ethiopia. During the said meeting, the Chairperson of the AU Commission stated “the slow pace of signature and ratification of these treaties by member states is worrisome, bearing in mind that the process of integration that the Member states had embarked on”

Reviewing the progress made in the ratification and domestication of the shared values treaties, identifying mechanism for the harmonization the signature, implementation, reporting and monitoring procedures will be the main goals the workshop aims to achieve.
Identifying the challenges encountered by Member States in ratifying and domesticating the treaties and the opportunities for accelerated action is also part of its directive to address.

As conclusion the workshop will deliver a report setting out the issues discussed, agreed upon actions and a work plan for 2014. The recommendation for a draft decision to be submitted to the Executive Council during the January 2014 summit for adoption will oblige Member States to send reports every year on their intention to ratify or not ratify OAU/AU Treaties. This will be included in the report on the status of Ratification of OAU/AU Treaties, which will be presented by the AU Commission to the Executive Council.

In conclusion the workshop intends to successfully create a means whereby Member States accelerate the ratification and domestication of OAU/AU treaties, especially those treaties with direct relevance to African Union shared values.

The workshop was conducted by different representatives from AUC Legal Counsel, communication experts, Pan African Parliament representatives, AFCAC participants and other departments from the African Union Commission.