2nd Session of the Specialized Technical Committee
On Justice and Legal Affairs (MINISTERIAL)

12-13 November 2015
Addis Ababa, Ethiopia

OPENING STATEMENT BY H.E. ERASTUS MWENCHA DEPUTY CHAIRPERSON OF THE AFRICAN UNION COMMISSION

Excellencies, Distinguished Delegates and participants
Ladies and Gentlemen

1. Let me use this opportunity on behalf of the Chairperson of the African Union Commission, H.E. Dr Nkosazana Dlamini Zuma, who is unavoidably away from Addis Ababa and indeed on my own behalf welcome you most cordially to the African Union Headquarters in Addis Ababa, Ethiopia, at this official opening of the second session of the Specialized Technical Committee (STC) on Justice and Legal Affairs.

2. Let me also use this opportunity to express my gratitude, on behalf of the African Union Commission to Your Excellencies, Ministers of Justice and/or Attorneys-General, Keepers of the Seal, Ministers responsible for Constitutionalism and Rule of Law and Ministers responsible for Human Rights present here for the efforts you made to be here. Your attendance at this important meeting bears testimony once again to the importance that Member States attach to the issues that your will be deliberating over the next two days that are essential for the achievement of the objectives of our Union.

3. I also wish to express our thanks to the Government Experts who have been meeting till late hours for the last 10 days deliberating on the issues and preparing the ground for Your Excellencies for a seamless deliberation of the issues that you will deal with.

Excellencies, Distinguished Delegates
Ladies and Gentlemen

4. As you are aware, this second meeting is taking place as continuation within the framework of the operationalization of the Specialized Technical Committees of the African Union in accordance with various Decisions of the Policy Organs of our Union.

5. The Specialized Technical Committees (STCs), which constitute the important technical organs of the Union, were established under Article 25 of the African Economic Community Treaty (the Abuja Treaty). With the transformation of the OAU into the AU, the STCs were carried over by the Constitutive Act of the African Union under Articles 14 to 16.

6. The STCs are expected to work in close collaboration with the various departments of the Commission so as to provide well-informed inputs to the work of the Executive Council in their areas of specialization. Additionally, they should be involved in monitoring the programme development and their implementation by the AU and Regional Economic Communities (RECs) on behalf of the Executive Council. The seven (7) STCs as provided in the Abuja Treaty and the Constitutive Act were reconfigured in February 2009 by the Assembly of Heads of State and Government through Decision Assembly/AU/Dec.227(XII). The main consequence of this reconfiguration was the change of the number of STCs from seven (7) to fourteen (14) STCs including the STC on Justice and Legal Affairs.

7. The importance of STCs in the work of our Union cannot be overstressed. In June 2015 in Johannesburg, the Assembly in its decision on the streamlining of AU Summits and working methods (Assembly/AU/Dec.582(XXV) decided to “empower the STCs … to take decisions on issues falling under their competence, except where there are attendant financial and structural implications”.

8. The STC on Justice and Legal Affairs replaces the former Conference of Ministers of Justice and Attorneys General from Member States and now includes Ministers and Experts responsible for issues such as human rights, constitutionalism and rule of law as composite areas of Justice and Legal Affairs.

Distinguished Delegates
Ladies and Gentlemen

9. As you will recall, the last Meetings of the Specialized Technical Committee on Justice and Legal Affairs took place at the AU Headquarters, in Addis Ababa, in May 2014. The Draft Legal instruments and recommendations of the last Specialized Technical Committee on Justice and Legal Affairs were submitted to the Ordinary Session of the Executive Council held in Malabo, in June 2014. Following due consideration, Council endorsed all the recommendations relating to the adoption of the Draft Legal Instruments.

10. As you would see from the Agenda, the Draft Legal Instruments that have been considered and recommended to you for adoption by your Government Experts are 20 in total. It is an enormous task to deal with such number of instruments at one session of your STC. As has been requested by the Legal Counsel, I urge your Excellencies to make a recommendation to the policy organs of the Union to permit the STC on Justice and Legal Affairs to meet every year in ordinary sessions to examine Legal Instruments requiring the attention of the STC and which cannot afford to wait for two years before being considered.

Excellencies

11. I have no doubt that as Ministers in the areas of Justice, Constitutionalism and Human Rights experts of your respective member states, you will work with diligence and a single-minded determination in the time set in order to accomplish the task before you since the outcome of your meeting will be forwarded to the forthcoming Summit of AU Assembly to be held in Addis Ababa, Ethiopia in January 2016.

12. I wish to end by reaffirming that the Commission will be there to support and aid your discussions during the coming days, as part of our efforts to assist the meeting to reach its objectives.

13. I wish you fruitful deliberations and hereby declare the Second Session of the STC on Justice and Legal Affairs open.

I thank you for your kind attention.