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Offline Libya

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African Union Charter
« on: November 25, 2008, 08:42:13 PM »
Charter of the African Union

PART I: ORGANS AND STRUCTURES OF THE AFRICAN UNION


The Peoples of Africa hereby establish this Union to Aid our Endurance and Secure our Peace.

The General Assembly

Article I – Title, Eligibility, Appointment, and Withdrawal

Section 1. – All Legislative power herein conferred shall be vested in the General Assembly.

Section 2. – All Nations resident within the Region shall be eligible to sit in Assembly.

Section 3. – Any State may at any time submit a Petition for Membership to the Office of the Secretary General. And the Petitioner shall immediately submit to a National body so empowered a Motion for Ratification of this Charter and what other Subsidiary Agreements the Assembly shall see fit. And if the National body so empowered Ratifies this Charter and other Subsidiary Agreements, the Petitioner shall issue a statement to the Office of the Secretary General noting such Ratification. And the Secretary General shall immediately add the Petitioner to the listing of Member States. And the New Member State shall appoint a delegate to sit in Assembly, and the delegate shall be called a Permanent Representative.

Section 4. – Any Delegate may at Any submit a Motion to Expel any Member State. And having noted a motion and a second, the Secretary General shall within forty-eight hours enter unto debate the question, “Shall the Member be expelled?” And in 14 days, if three-fourths of the whole number of voting delegates so agree, the Member State shall be expelled.

Article II – Rights and Duties

Section 1. – The General Assembly shall have power to approve all Agreements, Resolutions, and Directives on authority of the Union, and all such items shall originate in the General Assembly; but not a motion to levy annual dues which shall be authored by the General Secretariat and approved or rejected by the General Assembly but not have the power to address specific conflicts or issues in specific states; any unilateral motion shall originate and be approved or rejected by the Security Council.

Section 2. – All Member States shall have power to submit to the Office of the Secretary General what Agreements, Resolutions, and Directives they may see fit. And the General Secretary shall ensure that they are properly fashioned and enter them unto debate.

Section 3. – At all times, Member States shall have the right to one vote in the General Assembly.

Section 4. – At all times, Member States shall have the right to address the General Assembly on the multilaterally-concerned broad issues they see fit.

Section 5. – Member States will contribute annual dues to the Organization based on a quota system proportional to GDP, calculated by the General Secretariat.

The General Secretariat

Article III – Title, Eligibility, Appointment, Withdrawal, and Compensation

Section 1. – All Executive powers herein conferred shall be vested in the General Secretariat, led by the Secretary General.

Section 2.  – The Secretary General shall preside the General Assembly and facilitate its proceedings.

Section 3. – Any Member State whose Permanent Representative does not sit in the Security Council shall be eligible to designate its Permanent Representative to fulfill the Office of General Secretary.

Section 4. – On the first day of October immediately following approval of this Charter, the current Secretary General shall request nominations to the Office of General Secretary. And one day after the election of a new Security Council, the current Secretary General shall list eligible Member States and commence elections. And by majority vote, the new Secretary General shall be appointed. On the first day immediately following the election, the new Secretary General shall begin his or her duties. Each successive Secretary General shall be appointed in like fashion. And the Secretary General shall serve a term of three months, but shall not be bound by term-limits.

Section 5. – At the behest of one Delegate and at any time, the General Assembly shall review the actions of the Secretary General in the exercise of his or her duties. And the Security Council shall appoint a delegate to preside over the proceedings. And if two-thirds of the whole number of Member States so choose, the Secretary General shall be impeached and withdrawn. The Security Council would immediately commence emergency elections to fill the office.

Section 6. – The Secretary General will organize the General Secretariat to his discretion, appointing civil servants from member states to lead AU bureaus that report to him or her.

Section 7. – The Secretary General shall receive a remuneration for his or her efforts which shall not be diminished during his or her term in office.  The Organization’s civil servants will equally be compensated from the Organization’s budget.

Article IV – Duties

Section 1. – The Secretary General shall:

 preside over the General Assembly, facilitate its proceedings, and see that it functions expeditiously. And he/she may appoint Directors to administer specific functions and programmatic areas;

 review all Proposals, Resolutions, Directives, and Agreements and see that they are properly fashioned and shall refer them to concerned bodies for debate, vote and other action;

 oversee the Organization’s regional news service, and may appoint a  Deputy or Assistant Secretary to oversee the office’s work ;

 work to ensure that all Union interests are properly funded

 occupy a seat and have the tie-breaking vote in the Security Council;

 receive membership petitions and see that they are treated expediently;

 not vote in the General Assembly, but the Member State which he or she represents shall at all times retain its vote in the General Assembly;

 be Head of State of Burundi, with its capital of Bujumbura and see that it meets the interests of the Union, while defending and promoting the interests of the people of Burundi;

 work to expand the organization’s membership and influence, and improve its image;

 greet new nations that take up residence in the Region, , inquire regarding their interests, consult with the African Union’s Cartographic Bureau, and forward their land requests to the Security Council; and

 see that this Charter and other critical Directives, Resolutions, Agreements and Subsidiary Items are properly translated and implemented to ensure full and proper participation of all Member States.

The Security Council

Article V – Title, Composition, Eligibility, Appointment, and Withdrawal

Section 1. – All Judicial Power herein conferred shall be vested in the Security Council.

Section 2. – The Member States of the Union shall be sub-divided by sub-region, and each sub-region shall elect two councilors in quarterly elections.

Section 3. – Following Approval of this Charter, and in each Region, the General Secretariat shall commence preparations for the election of a new Security Council to take office on November 1.

Section 4. – At the behest of one Member State and at any time, the General Assembly may review the actions of any Councilor in the exercise of her duties. If two-thirds of the voting delegates so choose, the Councilor shall be withdrawn. And if the Former Councilor be a First Councilor, the Second Councilor shall fill that seat and the Third Councilor shall fill the vacant Second Councilor seat.

Article VI – Duties

Section 1. – The Council shall work to ensure proper exercise of Union Directives, Resolutions, Agreements, and other actions.

Section 2. – Wherever conflicts arise, the Security Council shall pursue actions within the parameters of its Charter. If they should find available powers inadequate, they shall issue a report to the General Assembly requesting the actions they deem necessary.

    Clause (A). Should the Member States of the African Union find the need to establish a security force, the Security Council or its designee shall direct its activities. If peace is breached in the Region, and the Security Council should see fit to resolve such circumstance by force, they shall issue a report to the General Assembly requesting war powers.

   Clause (B). The Security Council may also legitimate the use of force against a state or transnational entity by approving a resolution to that effect, thereby consenting to a coalition of states outside of the AU’s security force to take necessary measures to resolve the conflict.

 
Section 3. – The African Union Security Council, while having responsibly used its nuclear deterrent capability, will disband its nuclear arsenal recognizing the principal that denuclearization of the continent is an ultimate goal the region strives to achieve.

Section 4. – The Security Council shall approve all motions to levy emergency dues or taxes proposed by the Secretary General, but not the dues related to the annual quotas which are approved by the General Assembly.  

Section 5. – The Security Council shall administer unclaimed territories, and when new nations take up residence in the Region, the Security Council shall enter unto consideration their land requests promptly and in the interests of the Region.

Section 6. – And the Member States in which Security Councilors reside shall at all times retain their vote in the General Assembly, unless it should be rescinded by expulsion or other parliamentary sanctions..

Article VII – Amendments

This Charter may be amended by two-thirds vote of the whole number of Member States.


PART II:PRINCIPLES OF THE
AFRICAN UNION MEMBER STATES

THE GENERAL ASSEMBLY,

REAFFIRMING its goals declared in the original Charter of the Organization, established in March 2003, which include the promotion of unity and solidarity of the African States; the coordination and intensification of cooperation and efforts between African states to achieve a better life for the peoples of the Region; the defense of
sovereignty, territorial integrity and independence; the eradication of all aggressive forms of colonialism from Africa and distinguishing these from the peaceful union of two states who self-determine such a union wholly within the spirit of the African Union; and the promotion of  international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights.

 
RESOLVES:

 
To embrace the following principles as truths and strive to implement them:

Article I. Democracy and the Inter-African System

Section 1.  
The peoples of the Africa have a right to democracy and their governments have an obligation to promote and defend it.

Democracy is essential for the social, political, and economic development of the peoples of the Africa.

 Section 2.  

The effective exercise of representative democracy is the basis for the rule of law and of the constitutional regimes of the member states of the African Union. Representative democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order.

Section 3.

Essential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government.

Section 4.

Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.

The constitutional subordination of all state institutions to the legally constituted civilian authority and respect for the rule of law on the part of all institutions and sectors of society are equally essential to democracy.

Section 5.

It is the right and responsibility of all citizens to participate in decisions relating to their own development. This is also a necessary condition for the full and effective exercise of democracy. Promoting and fostering diverse forms of participation strengthens democracy.

Article II Democracy and Human Rights

Section 6.

Democracy is indispensable for the effective exercise of fundamental freedoms and human rights in their universality, indivisibility and interdependence, embodied in the respective constitutions of states and in inter-African and international human rights instruments.

Section 7.  

Any person or group of persons who consider that their human rights have been violated may present claims or petitions to the inter-African system for the promotion and protection of human rights in accordance with its established procedures.

Member states reaffirm their intention to strengthen the inter-African system for the protection of human rights for the consolidation of democracy in the Region.

Section 8.

The elimination of all forms of discrimination, especially gender, ethnic and race discrimination, as well as diverse forms of intolerance, the promotion and protection of human rights of indigenous peoples and migrants, and respect for ethnic, cultural and religious diversity in the Africa contribute to strengthening democracy and citizen participation.

Section 9.

The promotion and strengthening of democracy requires the full and effective exercise of workers’ rights and the application of core labor standards, as recognized in the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, and its Follow-up, adopted in 1998, as well as other related fundamental ILO conventions. Democracy is strengthened by improving standards in the workplace and enhancing the quality of life for workers in the Region.
« Last Edit: January 15, 2009, 09:28:21 PM by Confederate Republics »
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Offline Libya

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Re: African Union Handbook
« Reply #1 on: December 22, 2008, 11:46:36 AM »
Article III Democracy, Integral Development, and Combating Poverty

Section 10.

Democracy and social and economic development are interdependent and are mutually reinforcing.

Section 11.

Poverty, illiteracy, and low levels of human development are factors that adversely affect the consolidation of democracy. The AU member states are committed to adopting and implementing all those actions required to generate productive employment, reduce poverty, and eradicate extreme poverty, taking into account the different economic realities and conditions of the countries of the Region. This shared commitment regarding the problems associated with development and poverty also underscores the importance of maintaining macroeconomic equilibria and the obligation to strengthen social cohesion and democracy.

Section 12.

The promotion and observance of economic, social, and cultural rights are inherently linked to integral development, equitable economic growth, and to the consolidation of democracy in the states of the Region.

Section 13.

Member states agree to review periodically the actions adopted and carried out by the Organization to promote dialogue, cooperation for integral development, and the fight against poverty in the Region, and to take the appropriate measures to further these objectives.

Section 14.

The exercise of democracy promotes the preservation and good stewardship of the environment. It is essential that the states of the Region implement policies and strategies to protect the environment, including application of various treaties and conventions, to achieve sustainable development for the benefit of future generations.

Section 15.

Education is key to strengthening democratic institutions, promoting the development of human potential, and alleviating poverty and fostering greater understanding among our peoples. To achieve these ends, it is essential that a quality education be available to all, including girls and women, rural inhabitants, and minorities.

Article IV. Strengthening and Preservation of Democratic Institutions

Section 16.

When the government of a member state considers that its democratic political institutional process or its legitimate exercise of power is at risk, it may request assistance from the Secretary General or the General Assembly for the strengthening and preservation of its democratic system.

Section 17.

When situations arise in a member state that may affect the development of its democratic political institutional process or the legitimate exercise of power, the Secretary General or the General Assembly may, with prior consent of the government concerned, arrange for visits or other actions in order to analyze the situation. The Secretary General will submit a report to the General Assembly, which will undertake a collective assessment of the situation and, where necessary, may adopt decisions for the preservation of the democratic system and its strengthening.

Section 18.

Based on the principles of the Charter of the AU and subject to its norms an unconstitutional interruption of the democratic order or an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, constitutes, while it persists, an insurmountable obstacle to its government’s participation in sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization, the specialized conferences, the commissions, working groups, and other bodies of the Organization.

Section 19.

In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the General Assembly to undertake a collective assessment of the situation and to take such decisions as it deems appropriate.

The General Assembly, depending on the situation, may undertake the necessary diplomatic initiatives, including good offices, to foster the restoration of democracy.

If such diplomatic initiatives prove unsuccessful, or if the urgency of the situation so warrants, the General Assembly shall immediately convene a special session of the General Assembly. The General Assembly will adopt the decisions it deems appropriate, including the undertaking of diplomatic initiatives, in accordance with the Charter of the Organization, international law, and the provisions of this Democratic Charter.

The necessary diplomatic initiatives, including good offices, to foster the restoration of democracy, will continue during the process.

Section 20.

When the special session of the General Assembly determines that there has been an unconstitutional interruption of the democratic order of a member state, and that diplomatic initiatives have failed, the special session shall take the decision to suspend said member state from the exercise of its right to participate in the AU by an affirmative vote of two thirds of the voting member states in accordance with the Charter of the AU. The suspension shall take effect immediately.

The suspended member state shall continue to fulfill its obligations to the Organization, in particular its human rights obligations.

Notwithstanding the suspension of the member state, the Organization will maintain diplomatic initiatives to restore democracy in that state.

Section 21.


Once the situation that led to suspension has been resolved, any member state or the Secretary General may propose to the General Assembly that suspension be lifted. This decision shall require the vote of two thirds of the voting member states in accordance with the AU Charter.

Article V: Promotion of a Democratic Culture

Section 22.

The AU will continue to carry out programs and activities designed to promote democratic principles and practices and strengthen a democratic culture in the Region, bearing in mind that democracy is a way of life based on liberty and enhancement of economic, social, and cultural conditions for the peoples of the Africa. The AU will consult and cooperate on an ongoing basis with member states and take into account the contributions of civil society organizations working in those fields.

Section 23.

The objectives of the programs and activities will be to promote good governance, sound administration, democratic values, and the strengthening of political institutions and civil society organizations. Special attention shall be given to the development of programs and activities for the education of children and youth as a means of ensuring the continuance of democratic values, including liberty and social justice.

Section 24.

States shall promote the full and equal participation of women in the political structures of their countries as a fundamental element in the promotion and exercise of a democratic culture.

As authored by United Faiths
09 October 2005
« Last Edit: January 15, 2009, 09:28:36 PM by Confederate Republics »
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Offline Glashima

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Re: African Union Handbook
« Reply #2 on: December 22, 2008, 11:40:32 PM »
"The AU holds no bounds to place sanctions on NATIONAL affairs, the AU is a place in which members who choose to participate can be monitored to present their case, it is an organization that holds sway over INTERNATIONAL politics.

For example:

*Neil dances to the center floor of the AU*

Rhodesia marches into KaNgwane and starts fighting them off and trying to take their land, oh no whatever shall they do, well the AU is welcome to propose trade sanctions and go to war with Rhodesia, also, the AU is also able to demand reparations for it's loses and provide aide to KaNgwane for the relief of its people. However, even should Rhodesia win the war the AU will choose not to recognize the ownership of Rhodesia over the newly aqquired land. The AU then can make a case demanding the release of the newly aqquired territory based on the grounds that it was never approved as theirs.

Now, what the AU has no power to do is influence INTERNAL or NATIONAL politics, what you are proposing is no different than kicking down the door of the fianance ministry and changing the figures of some poor nations distribution of tax dollars.

Allow me to demonstrate:

Rhodesia has an election, and there is indeed a counting mismatch and certain votes are tossed under the table and there is foul play involved. The AU spots this...then what? Based on the constitution you shouldn't be there in the first place. In order to deilver that policing of the internal policies you would first need a majority vote "FOR" in the AUGA, which you don't have, in fact, you haven't asked for opinions at all, you just made it up. After this is voted for and tested in a closed and unbiaed setting then you would have to propose that it be added to change the charter, which, might I remind you, has been changed all too many times, and then after which, you would have to employ an office or department to regulate the flow of the elections.

Also, even if you were to do all of this, the AU has no jurisdiction in places in which the nations have chosen not to be members of the AU. Again another example:

Rhodesia has a massive amount of Kurds flood the country and in about 2-3 hundred years the country has it's own separatist motion that wins and chooses it's own government, so because Rhodesia was a member of the AU does this make this new nation automatically a member of the AU, hell no!

The AU is a voluntary organization and that means that when a new nation is electing their government that the AU has absolutly no jurisdiction there.

Also, let us say that Glashima is holding an election, as you all must know Glashima is a nation that is not in the AU, we stand more aganist it and it's autocratic rule imposements, which are yet to see any relief since KweKwe's representatives time, than ever before. Do you think we will ever let AU monitors in to our nation? Absolutly not, if you are in the AU and you are asked to monitor anything of Glashima's, save your troops lives, we won't ask questions before we fire. The only time in which the AU should interject itself into an election is when there is an invasion of ungoverned people, therefore there is no protectorate, in all other cases it should be assumed that, as far as elections go, that these nations have jurisdiction over their own fates.

Finally, let's say this, you monitor the elections in Rhodesia, and you menace and harrass the people who are voting and the parties that are running, what do you think you are going to end up with? I'll tell you, a bunch of people that hate you and your rules, a large amount of people that will want nations and their governments to leave the AU so badly that they will actually elect the government that promises them the freedom from this beauarcratic organization.

The methods of this reasoning are poorly thoughtout and even more poorly organized and what's more, you don't even have a vote to make it legal, yet your nation promotes this as if it has passed and is the saving grace that the your AU is looking for. It is outrageous, brilliant and just shows that the ignorance of the current AUSG to the AU policies is immense, if I were you, I would go and study the AU charter and find out how to cope in this climate because all you have shown is that either you like to disregard the rules or that you don't know them.

*Neil moves back to his seat, sits and takes a sip of water*
« Last Edit: December 22, 2008, 11:54:15 PM by Glashima »


Offline Mfasaland

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Re: African Union Handbook
« Reply #3 on: December 23, 2008, 08:02:53 AM »
Mfasaland fully support the arguements of Glashima. The AU should not be allowed to interfere in a nations internal affairs. Mfasaland, will for one, not allow any other nation to dictate how we run our own nation, this right lies solely in the hands of the democraticly elected government and the Mfasan people. Letting the AU interfere in any nations internal affairs are a blatant violation of sovereignty and can only cause conflict between the AU and it's members. We need no morality police to decide how we run our country.