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Compiled by: Eve Odete, Pan Africa Policy Officer, Oxfam GB

This summary has been prepared for policy analysts working for Oxfam, international, continental and regional networks and allies to inform us on the key deliberations and decisions of the most important decision-making organ of the African Union. It captures key decisions, upcoming dates and opportunities for continental policy development.

The sequence of the Summits is as follows; one week of intense meetings starting with the Permanent Representatives Council (Addis based Ambassadors), Council of Ministers (National Ministers) and the Assembly itself (Heads of States). While the Assembly is the supreme decision making body, the discussions from Ambassador level are important to understand the issues being prioritized and deliberated.

The first briefing on health and HIV/AIDS is reproduced below. The rest of the briefings, including those on food security, refugees, trade and debt, are available through the link below.

1. Health and HIV/AIDS

Permanent Representatives Committee
Ninth Ordinary Session
PRC/Rpt (1X)

On HIV/AIDS, tuberculosis, malaria and other related infectious diseases, the PRC observed;

The need for Africa to take the lead in Trade Related Intellectual Property Rights (TRIPS) negotiations to promote access to affordable generic drugs - Africa has to plan properly for dialogue at TRIPs negotiations and other fora;

Assembly of the Africa Union
Fourth Ordinary Session
Decisions and Declarations

Assembly/ AU /Dec. 55 (1V)

CALLS UPON the international community, especially the rich industrialized countries,
to fully fund the Global Fund in line with previous commitments made in this regard, and taking into account the magnitude of the health emergency presented by these diseases in Africa;

URGES Member States to:
Take the lead in TRIPs negotiations and in implementing measures identified for promoting access to affordable generic drugs;
Ensure that every child receives polio immunization in 2005;
Prepare inter-ministerial costed development and deployment plans to address the Human Resources for Health crisis;
Prepare health literacy strategies to achieve an energized continent-wide health promotion endeavour;

URGES Member States to intensify efforts towards more effective and well-coordinated implementation of national programmes to promote health systems development as well as improve access to prevention, treatment, care and support; along the “Three ones initiative”; the “3 by 5 Strategy” and Global “Child Survival Partnership”;

RESOLVES to take all the necessary measures to produce with the support of the international community, quality generic drugs in Africa, supporting industrial development and making full use of the flexibility in international trade law and; REQUESTS the AU Commission within the framework of NEPAD to lead the development of a Pharmaceutical Manufacturing Plan for Africa;

CALLS UPON the International Community to match the US$19 billion gap in health financing which the WHO has determined that Africa is not in a position to self finance.

Summary of Decisions of the African Union Fourth Ordinary Summit, Abuja, Nigeria Jan 2005
Compiled by: Eve Odete, Pan Africa Policy Officer, Oxfam GB.

Key Meetings

Assembly of the African Union, Fourth Ordinary Session
30-31 January 2005
Assembly /AU/Dec.55-72 (IV)
Assembly/ AU/ Dec. 1-2 (IV)
Decisions and Declarations

Executive Council
Sixth Ordinary Session, 24-28 January 2005
EX. CL/Dec. 165-191 (VI)
Decisions
EX. CL//Rapt/ Rpt (VI)
Rapporteur’s Report of the Sixth Ordinary Session
Of the Executive Council

Permanent Representatives Committee
Ninth Ordinary Session

PRC/Rpt (1X)
Report of the Ninth Ordinary Session of the Permanent Representatives’ Committee

Rationale for this compilation and the policy cycle it documents

This summary has been prepared for policy analysts working for Oxfam, international, continental and regional networks and allies to inform us on the key deliberations and decisions of the most important decision-making organ of the African Union. It captures key decisions, upcoming dates and opportunities for continental policy development.

The sequence of the Summits is as follows; one week of intense meetings starting with the Permanent Representatives Council (Addis based Ambassadors), Council of Ministers (National Ministers) and the Assembly itself (Heads of States). While the Assembly is the supreme decision making body, the discussions from Ambassador level are important to understand the issues being prioritized and deliberated. Opportunities for policy influencing decrease as the meetings go on. Indeed, even lobbying space becomes more difficult to secure particularly with the Commissioners.

1. Health and HIV/AIDS

Permanent Representatives Committee
Ninth Ordinary Session
PRC/Rpt (1X)

On HIV/AIDS, tuberculosis, malaria and other related infectious diseases, the PRC observed;

The need for Africa to take the lead in Trade Related Intellectual Property Rights (TRIPS) negotiations to promote access to affordable generic drugs - Africa has to plan properly for dialogue at TRIPs negotiations and other fora;

Assembly of the Africa Union
Fourth Ordinary Session
Decisions and Declarations

Assembly/ AU /Dec. 55 (1V)

CALLS UPON the international community, especially the rich industrialized countries,
to fully fund the Global Fund in line with previous commitments made in this regard, and taking into account the magnitude of the health emergency presented by these diseases in Africa;

URGES Member States to:
Take the lead in TRIPs negotiations and in implementing measures identified for promoting access to affordable generic drugs;
Ensure that every child receives polio immunization in 2005;
Prepare inter-ministerial costed development and deployment plans to address the Human Resources for Health crisis;
Prepare health literacy strategies to achieve an energized continent-wide health promotion endeavour;

URGES Member States to intensify efforts towards more effective and well-coordinated implementation of national programmes to promote health systems development as well as improve access to prevention, treatment, care and support; along the “Three ones initiative”; the “3 by 5 Strategy” and Global “Child Survival Partnership”;

RESOLVES to take all the necessary measures to produce with the support of the international community, quality generic drugs in Africa, supporting industrial development and making full use of the flexibility in international trade law and; REQUESTS the AU Commission within the framework of NEPAD to lead the development of a Pharmaceutical Manufacturing Plan for Africa;

CALLS UPON the International Community to match the US$19 billion gap in health financing which the WHO has determined that Africa is not in a position to self finance;

2. Trade

Permanent Representatives Committee
Ninth Ordinary Session
PRC/Rpt (1X)

On on-going WTO negotiations the Commissioner for Trade and Industry

highlighted the need for Africa to send a strong political message to the international community to find a solution to the cotton initiative which affects more than 10 million African producers living below the poverty line. She further pointed out the issue of the unfair behaviour of the Northern countries with regard to agricultural subsidies and the need to lay emphasis in the political message on the importance for Africa to meet food security objectives, rural development and poverty reduction. In conclusion, she stressed the need for the African Group to maintain solidarity and unity with the G90 on issues of substance within the WTO.

The PRC recognized the importance of the WTO negotiations for the socio-economic development of Africa and emphasized the need for capacity building in Member States and RECs and for better coordination of efforts among New York, Geneva, Brussels, African Groups and the AU Commission in Addis Ababa. It agreed with the recommendation for a fast-track approach to the cotton issue while emphasizing the need to come up with a common position on cotton, springing from the outcome of the recently held Bamako meeting. It further called for the document to be enriched with more information on the roadmaps finalized in Geneva and the reaction of the RECs on the issue as well as with the outcome of the Bamako meeting on cotton. It highlighted the importance of coming out with concrete proposals on the issue of Special and Differential Treatment; on the possibility for African countries to have access to required drugs for public health inclusion in national legislations as decided by the WTO Council. The PRC also emphasized the need to pursue the proposal for support to cotton producers in their exports and for the creation of a fund to compensate losses. In this regard, the PRC also called for other commodities to be part of the list of tradable goods for negotiations at the WTO.
It also called for a meeting on services in order to deal with African concerns in that sector. It recommended that, in addition to other partners, the expertise of ECA should be tapped for capacity building purposes. The PRC recommended that the AU Commission take the necessary measures to implement the proposal to send a strong political message to the international community to fast track negotiations on the cotton issue.

On Negotiations of the Economic Partnership Agreements:

The Commissioner recalled the provisions of the Cotonou Partnership Agreement (CPA) which aim at making EPAs, instruments for the promotion of rapid and sustainable development, the eradication of poverty and the smooth and gradual integration of Africa into the global economy. She quoted in particular Article 37.3 which provides for the strengthening of capacity in the public and private sector during the preparatory phase through measures that increase competitiveness and support regional integration initiatives such as assistance to budgetary adjustment and reform, infrastructure development and investment promotion. She added that the first phase of negotiations was not sanctioned by a formal agreement and that all 48 ACP African countries had embarked on the second phase within four groupings without any country expressing desire to remain outside the process. She then drew the attention of the Committee on the major challenges involved in the negotiations for African countries as raised by the RECs during the first meeting of the coordination mechanism between the AU and the RECs. These are: (i) geographical configuration of the EPAs, (ii) the issue of compatibility between WTO and EPA Rules; (iii) the reciprocal relationship between the EU and ACP countries given the gap between their levels of development, (iv) the imbalance in the present multilateral trading system, (v) the heavy procedures of access to EDF resources and additional resources to African countries to face direct and indirect adjustment costs.

She stressed the fact that, although EPAs were about to enter into force in three years’ time, the provisions of Article 37.3 were still not implemented. In this regard, she highlighted the need for RECs to remain united and proposed that Council calls on the EU to allow the AU Commission as an integration Organisation to access EDF resources for the implementation of the NEPAD programme.

The PRC expressed concern about the geographical configuration for the negotiation of EPAs which does not coincide with the RECs as organised within the AU. It called for the AU to develop capacity for the coordination of EPA negotiations to ensure that Africa speaks with one voice although EPAs divide Africa into RECs/negotiating groups and that the North African countries are part of the Barcelona process.

On the issue of resources, the PRC pointed out that EU resources were categorised into programmable and non-programmable resources and that the AU not being a party to the CPA was not eligible under the first category but should be able to access the non-programmable resources. In conclusion, the PRC stressed the need for African countries to build capacity not only for market access but above all in order to face supply-side constraints so that they can make good use of whatever agreement they will enter into in 2007.

The Executive Council
Sixth Ordinary Session
Decisions

Doc. EX.CL/151 (VI)

Decision on WTO negotiations

RECALLS the Doha Ministerial Declaration in which the international community undertook to place the needs and interests of developing countries at the heart of the WTO Work Programme;

COMMENDS the African Group for its efforts aimed at bringing to the Doha Work Programme back on track and for remaining engaged in the WTO negotiations in accordance with the technical guidance and policy framework provided under the Kigali Declaration and Consensus on the post-Cancun Doha Work Programme ;

RECALLS ALSO the outcome of the Special WTO General Council session held in Geneva from 27 July to 1 August 2004;

TAKES NOTE of the July Package adopted by the WTO General Council on 1st August 2001;

RECOMMENDS the speedy adoption of an approach to resolve the cotton issue based on the results of the meeting held in Bamako from 12 to 13 January 2005;

ALSORECOMMENDS the early consideration of the issue of agricultural subsidies and the adoption of an Africa Common Position on commodities in general;

CALLS UPON the African Group in Geneva to continue to engage fully and actively in the negotiations with a view to achieving a pro-development outcome from the Doha Round;

ALSO CALLS UPON the same to finalise the Tunis roadmap and Work Plan in order to engage collaborative research and capacity building efforts from regional and international organizations on specific areas to enable Africa to positively contribute to the modalities stage of the negotiations leading up to the 6th Session of the WTO Ministerial Conference;

URGES Member States to continue to coordinate efforts both at the technical and political levels with like-minded groups, in particular, the G90;

WELCOMES Egypt’s invitation for a meeting to be held in Cairo, in May 2005, to discuss ways to deal with the challenges facing cotton producing countries in Africa;

REQUESTS the Commission to convene a Ministers of Trade meeting to chart the way forward as far as Africa’s Agenda is concerned.

FURTHER REQUESTS the Commission to report on progress to the 7th Ordinary Session of Council.

Executive Council-Rapporteur’s Report

With regard to the on-going WTO negotiations, Council recommended that special attention should be given by the AU to the crucial issues of agricultural subsidies and commodities, particularly cotton.

Decision on the negotiations of ACP-EU economic Partnership Agreements

COMMENDS the Commission and the RECs for concluding the establishment of an informal Coordination and Information Exchange Mechanism on EPA Negotiations with the European Union (EU) for which the Commission has been entrusted the coordinating role and also for holding the first meeting of the mechanism successfully;

ENDORSES the recommendations of the Commission/RECs meeting and URGES the Commission to:

Develop institutional capacity building programmes for the Commission and the RECs so as to make work synergies viable and reliable and accelerate the integration process in Africa;

Prepare, in close collaboration with the RECs, requests to the European Union and other development partners for financing of projects that will enhance continental integration;

Identify thecommon supporting programmes relative to implementation of EPAs at the level of the RECs;

Mobilize African research institutes, including the ECA, to appraise the adjustment and other costs of EPAs on African economies.

STRONGLY RECOMMENDS that efforts between the Commission and the RECs be further strengthened and coordinated in the second phase of negotiations, especially with regard to priorities and roadmaps set for negotiations so as to ensure that the process of continental integration in Africa is deepened in accordance with the Constitutive Act of the African Union;

WELCOMES the establishment of the Joint AU-EU Monitoring Mechanism whose objective is to ensure, through exchange of information and discussion of key issues, the consistency and coherence of the EPA process with Africa’s plans and aspirations for regional and continental integration and the establishment of a Pan-African Market and the promotion of synergies between the EPA process and ACP-EU cooperation, notably in the context of regional indicative programmes;

URGES the Commission and the EU to operationalise the mechanism in an effective manner so as to ensure that EPAs indeed enhance the regional integration process and development in Africa as well as the building of regional markets through the effective removal of production, supply and trade constraints;

ALSO URGES the EU to grant access to the Commission as an integration organization to EDF resources for projects of a continental nature;

REQUESTS the Commission to report on progress made on the EPA negotiations to the 7th Ordinary Session of Council in July 2005.

ENDORSES
Candidature of Hon. Jaya Krishna Cuttaree, Minister of Foreign Affairs, International Trade and Regional Co-operation of Mauritius, to the post of Director General of the World Trade Organization, at elections scheduled to be held in 2005.

3. Food Security

Permanent Representatives Committee
Ninth Ordinary Session
Report (1X)

Follow-up on Maputo, Sirte and Ouagadogou Declarations on Food Security:

The Commissioner concluded by proposing the creation of an African Food Security Committee to serve as a platform of exchange on matters of food security in the continent, and the establishment of an African Union representational office in Rome to coordinate Africa’s food security matters with relevant world bodies mandated with the issue.

Executive Council
Sixth Ordinary Session
Rapporteur’s Report

Follow-up of Maputo, Sirte and Ouagadogou Declarations on Food Security

On the status of food security in Africa, the following observations were made:

A reliable early warning system be established as it constitutes the preferential tool for combating food insecurity – the early warning system should be capable of anticipating the emergence of food crises, taking stock of production and available resources, and monitoring phenomena such as natural disasters (floods; droughts; invasion or outbreak of endemic diseases affecting animals, crops and plants);

Once established, the early warning system together with continued monitoring should be relied on to generate a steady flow of situation reports as this would facilitate the generation and communication of relevant information to Member States and all stakeholders in time for them to take appropriate measures;

Special attention should be given to the Southern Sahelian region as this area constitutes the main locust corridor between the Sahara and the countries further north;

Regional strategic desert control measures should be implemented by the concerned Member states;

There was need to strengthen the capacity of Member States in the area of fighting migratory pests and animal diseases that pose a threat to food security, and in so doing
to make use of recent technological methods in veterinary science and pest control.
Dakar-Agricultural Initiative

The Senegalese delegation informed Council of the holding in Dakar, Senegal from 4 to 5 February 2005, of the Dakar-Agricultural Initiative which would be a Forum at which agricultural issues would be discussed. It indicated that various key figures from Africa and the rest of the world would be taking part in this meeting and, in this regard, invited all countries of the African Union to participate in this Forum.

Meeting of Ministers of Agriculture
The Egyptian delegation highlighted the importance of agriculture for African economies and underscored the need for Africa to meet to discuss strategic issues such as cotton. It informed Council that Egypt was organizing in May 2005 a meeting of African Ministers of Agriculture with the participation of UNCTAD and other institutions to examine the situation and come up with a Common Position for the defence of African agricultural products.

Assembly of the Africa Union: Decisions and Declarations

Assembly /AU/Dec.59 (IV)

NOTES WITH GRAVE CONCERN the serious economic and social impacts of the 2004 desert locust invasion of the Northern, Western and Eastern regions of Africa;

REQUESTS the Commission and Member States to take all necessary measures to implement the Maputo, Sirte and Ouagadougou Declarations and their relevant Plans of Action;

agriculture

Decision on allocation of 10% national budgetary resources to agriculture and rural development over the next 5 years

REQUESTS the Chairperson of the Commission to define, in collaboration with Member States and the NEPAD Secretariat, the core areas of agriculture and rural development relevant to the 10% allocation adopted in the Maputo Declarations;
CALLS UPON Member States to implement the present Decision in order to improve the financing of agriculture;

4. Education

Executive Council
Sixth Ordinary Session
Rapporteur’s Report

EX.CL/155 (VI)

Meeting of African Ministers of Education

The Algerian delegation informed Council that its country would be holding in April 2005 a meeting of African Ministers of Education to be attended also by other partners such as UNESCO, NEPAD. It added that this meeting would be coinciding with the end of the Decade on Education and would prepare the next Heads of State Assembly whose theme would be Education. It took this opportunity to invite all Member States to take part in this meeting.

5. Millennium Development Goals

Permanent Representatives Committee
Ninth Ordinary Session
PRC/Rpt (1X)

Briefing on the review of the status of implementation of the Millennium Development Goals (MDGs)

The Commissioner for Social Affairs informed the PRC that the Commission was already seized with the matter and that preparations for the mid-decade review of the MDGs had already started in earnest together with the AU’s partners. She added that it was intended to put an item on the MDGs on the agenda of the July Policy Organ meetings with a view to coming up with an African Common Position on the MDGs, and that in the meantime the Commission would prepare the necessary documentation

The African Common Position should be based on what is actually on the ground, and show both the progress made and the challenges remaining, so that it is clear what Africa needs to do in order to meet the agreed benchmarks. Some delegations suggested the setting up of a mechanism that would enable the AU to review the status of implementation of MDGs, so that Africa would be in a position to submit a common position to the UNGA Review Meeting in September 2005.

That a report should be submitted to the PRC for consideration as expeditiously as possible, taking into account the timelines connected to the various activities linked to the overall MDG review process, such as consideration of the African Common Position by the Executive Council and adoption by the Assembly prior to the September 2005 global meeting on the MDGs.

Executive Council
Sixth Ordinary Session
Decisions

EX.CL/Dec.166

The Executive Council:

WELCOMES the convening of the High-level Summit in September 2005 to consider the Report on the Review of the Millennium Declaration and the Millennium Development Goals (MDGs);

STRONGLY SUPPORTS the elaboration of an African Common Position as the Continent’s contribution to the Report on the Review of the Millennium Declaration and the MDGs based on the results and the progress accomplished, and in light of the commitments made by Africa’s partners;

REQUESTS the Commission to coordinate and lead in this process of developing an African Common Position in collaboration with Member States and in close consultation with NEPAD Secretariat, the Regional Economic Communities (RECs), the UN Economic Commission for Africa (ECA) and the African Development Bank (ADB);

FURTHER REQUESTS the Chairperson of the Commission to submit a finalised draft African Common Position to the 7th Ordinary Session of Council in July 2005.

6. Darfur

Assembly of the Africa Union
Fourth Ordinary Session
Decisions and Declarations

Assembly/AU/Dec.68 (1V)

Decision on the situation in the Darfur region of the Sudan.

SUPPORTS the convening in N’djamena, Chad, in February 2005, of a high-level meeting of the Joint Commission, provided for in the Humanitarian Ceasefire Agreement of 8 April 2004, to strengthen the implementation of the Humanitarian Ceasefire Agreement and therefore contribute to the creation of conditions conducive to the vigorous pursuit of the peace process;

STRESSES the need for urgent and adequate preparation for the resumption of the Inter-Sudanese Peace Talks on Darfur, as directed by the 23rd Meeting of the Peace and Security Council held in Libreville, on 10 January 2005. The Assembly URGES the Parties to attend these Talks at the highest level, without preconditions;

SUPPORTS the proposal of the Chairperson of the AU to be assisted in his efforts to facilitate the attainment of a speedy solution to the conflict in Darfur by a Committee comprising Chad, Egypt, Gabon, Libya, Nigeria and the AU Commission;

ENCOURAGES all the leaders and other stakeholders who have been supporting the Inter-Sudanese Peace Talks on Darfur to continue their efforts;

7. Refugees, Returnees and internally displaced persons

Permanent Representatives Committee
Ninth Ordinary Session
Report (1X)

Consideration of the report on the situation of refugees, returnees, and internally displaced persons in Africa- EX.CL/ 148 (VI)

The following proposals were made:

Holding of a Ministerial Conference on refugees, returnees and IDPs in 2005/2006;

Undertaking and strengthening regular field assessment missions to countries affected

Addressing the problem of donor fatigue and embarking on resource mobilization in favour of humanitarian issues in the spirit of burden sharing;

Strengthening the Early Warning System in the Conflict Management Division;

Harmonization of data on refugees.

Executive Council
Sixth Ordinary Session
Decisions

Ex.CL/148 (vi)

The Executive Council:

EXPRESSES CONCERN over the problems of refugees and displaced persons that have persisted in the Continent as well as the grave continued violations of human rights in conflict situations;

COMMENDS Member States that continue to host refugees and make available to them all the facilities and services in the spirit of African solidarity and hospitality and CALLS ON all Member States to mobilize resources in order to alleviate the burden on recipient Member States;

FURTHER COMMENDS Member States which have abided by the peace initiative and agreements that have created conducive conditions for the return of refugees and displaced persons to their communities and APPEALS to Member States concerned to promote voluntary return of their nationals;

CALLS UPON the International Community to support the on-going repatriation operations and post-conflict reconstruction programmes in various areas;

WELCOMES the appointment of a Special Representative on the Protection of Civilians in Armed Conflict Situations in Africa and APPEALS to the donor community to extend moral, material and financial support to the Special Representative in the execution of her mandate;

URGES Member States as well as Non-State Actors to comply with the International Humanitarian Law;

REQUESTS the Commission to continue monitoring the situation of refugees, returnees and displaced persons in close collaboration with the AU Commission on Refugees; revitalize, as a matter of urgency, the Coordinating Committee on Assistance and Protection to Refugees and Internally Displaced Persons; and continue to implement the Comprehensive Implementation Plan in close collaboration with the United Nations High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC);

FURTHER REQUESTS the Commission to convene a Ministerial Conference on refugees, returnees and displaced persons in 2006, in collaboration with the AU Commission on Refugees, UNHCR and other relevant partners;

URGES the Commission to launch a resource mobilization programme in close collaboration with all relevant partners for the purpose of ensuring the adequate well-being and protection for refugees and displaced persons and durable solution to the problem in Africa.

8. The African Union Protocol on the Rights of Women in Africa

Executive Council
Sixth Ordinary Session
Rapporteur ’s Report

Ex. CL /Rapt/Rpt (vi) P.8

On the ratification of the African Union Protocol to the African Charter on Human and People’s Rights relating to the Rights of Women in Africa

The Senegalese delegation informed Council that in a document which is not from the Commission, Senegal recalled that it had ratified this Protocol but was listed among the countries that had not ratified the said Protocol. Consequently, it requested that Senegal be withdrawn from the said list.

Executive Council
Sixth Ordinary Session
Decisions

URGES all Member States which have not yet done so to sign and ratify or accede to the Protocol to the African Charter on Human and Peoples’ Rights and the Protocol on the Court of Justice of the African Union.

9. Merger of the African Court on Human and People’s Rights and the Court of Justice of the African Union

Permanent Representatives Committee Ninth Ordinary Session PRC/Rpt (1X)

Consideration of the Draft Protocol on the Merger of the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union – EX.CL/162 (VI)
In presenting this item, the Representative of the Commission highlighted the context and effect of decision Assembly/AU/Dec.45 (III) adopted in July 2004 by the Assembly. He indicated the actions taken by the Commission in implementation of the decision including undertaking a study on the matter, elaborating a draft legal instrument to effect the merger, convening a consultative meeting with distinguished African scholars, judges and practitioners to consider the study and the draft legal instrument. He noted that a planned meeting of the PRC and government legal experts could not take place in Addis Ababa due to circumstances beyond the control of the Commission. He stated that the words ‘integrate into one’ and ‘merge’ are legally one and the same thing and that the draft legal instrument submitted to the PRC was short and simple and was intended to effect the merger whilst maintaining the integrity and specificities of the two courts. Thus, the draft legal instrument envisaged the African Court becoming a Specialized Judicial Division in the merged court which would implement the Protocol on the African Court. The combined Court would have 15 Judges and one President, assisted by one Registrar and two Deputy Registrars.

During the discussion, the following issues were raised:
i) The decision adopted by the Assembly in July 2004 on the merger of the two Courts into a single court should not unduly delay the establishment of the African Court on Human and Peoples’ Rights (African Court) in view of fact that the Protocol on the establishment of the Court has already entered into force;
ii) There is need to convene a meeting of government legal experts to consider the recommendations and draft legal instrument and related issues to enable the policy organs make an informed decision on the matter ;
iii) Consideration be given to operationalizing the African Court in view of the importance of human rights issues in the continent while working out the modalities for the merger of the two courts. In this regard, the Assembly could consider reviewing its decision suspending the operationalization of the African Court;
iv) Operationalizing the African Court when only 19 Member States have ratified the Protocol would not be in conformity with the spirit of the Protocol, which requires representation of the principal legal traditions of the Continent;
v) In effecting the merger of the two courts, there is need to maintain the identity and integrity of the two courts;
vi) The role of States Parties vis-a-vis Member States should be clarified.

1. The Legal Counsel suggested that the proposal to establish the African Court pending the merger should also be referred to the proposed meeting of government legal experts in view of the serious legal and other implications involved.
2. At the end of the debate the PRC decided to submit all the issues to the Executive Council for further consideration.

10. Schedule of AU Summits

Assembly/AU /Dec. 63 (1v)

Decision on the framework for the organization of future summits.

2. RECALLS its previous decision in July 2004 on the convening of two ordinary sessions of the Assembly every year;

3. DECIDES that the January sessions of the Assembly shall henceforth be held in the last week of January at the Headquarters of the Union, during which the Chairperson of the Assembly shall be elected;

4. FURTHER DECIDES that the January Session could be convened, on an exceptional basis, outside the Headquarters, by decision of the Assembly upon the recommendation of the Executive Council. However, such hosting shall not be linked to the Chairmanship of the Union;

6. APPROVES the following calendar for hosting of future Summits:

2005 - July - Great Socialist People’s Libyan Arab Jamahiriya

2006 - January - The Sudan
July - The Gambia

2007 - January - Headquarters
- July - Ghana

2008 - January - Headquarters
- July - Angola

2009 - January - Headquarters
- July - Madagascar

2010 - January - Headquarters
- July - Egypt

11. Accreditation of Non Governmental Organisations

Permanent Representatives Committee
Ninth Ordinary Session
PRC/Rpt 1X

Consideration of the report on the Criteria for granting observer status and a system of accreditation within the AU-

Ex.cl/161 (V1)
The representative of the Commission recalled that the document was in three sections:

Section I dealing with the granting of Observer Status to Non-governmental Organizations, which had been considered and adopted by the PRC and experts in a meeting held in June 2004;

He said that the objective of the proposals relating to accreditation was to put in place a system for collaborative engagement with development partners, with the right to attend only the public sessions of AU meetings.

12. Reform of the United Nations

Executive Council
Sixth Ordinary Session
Rapporteur’s Report

Consideration of the Report of the High-Level panel on Threats, Challenges and Change relating to the Reform of the United Nations

Ambassador Diarra indicated that the report was presented to the General Assembly on 8 December 2004. It highlighted the following important areas: (1) collective security and the challenge of prevention, under which issues such as poverty, infectious diseases and environmental degradation and conflict within states, nuclear, radiological, chemical and biological weapons, terrorism and transnational organized crime would be addressed; (2) collective security; focusing on the use of force, peace enforcement and peacekeeping capability; and (3) effective United Nations in the twenty-first century, .highlighting the issues on the effectiveness of the General Assembly and the Security Council.

The issues of interest to Africa include the following; (1) the revitalization and reform of the existing organs of the United Nations, especially the General Assembly, the Economic and Social Council, the Security Council and General Secretariat (including the creation of one post of deputy Secretary General in charge of peace and security), the universalization of the Commission on Human Rights; (2) the creation of the structures of the Peace-building Commission and the issue of the initial operational fund of US$250 million, (3) the strengthening of the capacities of regional and sub-regional organizations.

He articulated the following events that should be anticipated from now on to the High-Level meeting at the United Nations, New York, in September 2005: (1) consultations on Prof. J. Sachs report on the Millennium Development Goals (MDGs), up to March 2005, and (2) consultations on the consolidated report of the Secretary General.

Ambassador Diarra stated that one of the premises for the enlargement of the Security Council was the general acceptance of the need to apply democratic principles with respect to the composition and operations of this important organ of the United Nations. There was need to create more room for those countries contributing more to the operations of the United Nations. The Panel in this connection indicated that there should be increased involvement of those who contribute most to the United Nations financially, militarily and diplomatically, in particular in the context of
contributions to United Nations assessed budgets, participation in mandated peace operations, contributions to voluntary activities of the United Nations in the areas of security and development, and diplomatic activities in support of United Nations objectives and mandates. For the developed countries, achieving, or making substantial progress towards the internationally agreed level of 0.7 per cent of the GNP for ODA, should be considered as an important criterion of contribution.

Executive Council
Sixth Ordinary Session
Decisions

The Executive Council:

TAKES NOTE with appreciation of the quality and depth of analysis, of the Report and the briefing provided by the African Group Ambassadors in New York;

DECIDES to set up a Ministerial Committee of Fifteen (15) Members, which is open-ended, on the basis of the AU formula for equitable geographical distribution applied to the Peace and Security Council;

REQUESTS the various regions to urgently undertake consultations in conformity with their respective regional mechanisms and submit the names of the members of the Committee thereof to the Commission;

MANDATES the Committee of Fifteen (15) to consider all aspects of the recommendations made in the report of the High-Level Panel for the reform of the United Nations System;

MANDATES ALSO the Committee of Fifteen (15) to consider the two options relating to the reform of the UN Security Council, taking into account:

The African Common Position contained in the Harare Assembly Declaration of June 1997;

Developments on the international scene since the adoption of the Harare Declaration; and

the essence of the long debate held in this Session of Council on 28 January 2005 as summarised by the Chairperson.

DECIDES that the meeting of the Committee should be convened from 20 to 22 February 2005, followed by an Extraordinary Session of the Executive Council, to adopt Africa’s position which will be presented to the UN Secretary General for inclusion in his report to the UN General Assembly in March 2005;

DECIDES that the African Group of Ambassadors in New York and resource persons should be involved in the work of the Committee of Fifteen (15) on the Reform of the United Nations and in the Extraordinary Session of the Executive Council due to take plae
place in March 2005;

13. Debt, Aid and Trade

Assembly of the African Union
Fourth Ordinary Session
Decisions and Declarations

Assembly/AU/Dec. 70 (IV)
Decision on the report of the Heads of State and Government implementation Committee on NEPAD

WELCOMES the Africa Commission as an important step towards the mobilization of international assistance for the implementation of NEPAD and commends its efforts in this regard;

CALLS UPON the international community to support NEPAD and in particular calls on the G8 countries to:
a) cancel all debts of African countries and take practical steps to urgently implement such cancellation;
b) double development assistance to Africa and improve its quality inter alia by channeling such increase through multilateral development institutions and by augmenting the budgetary support component of it;
c) take the necessary steps to complete the Doha round of trade negotiations at the earliest possible time so as to provide free and non-reciprocal access to their markets for African countries and eliminate export subsides for agricultural products.