Dear collegues;

The role of African civil society in the development of Africa has been recognised for a long time. This is based on the fundamental premise that Africa's development must be about development of people. As early as
1990, the Arusha Charter on Popular Participation recognised the need for African governance to fully integrate African civil society in various governance structures of key institutions in order for them to fully participate in defining the long term development policies of the continent. While the charter of the Organisation of African Unity (OAU), had made no reference to African civil society, the OAU increasingly began to invite African Civil Society Organisations (CSOs) to participate in some of its meetings and structures, as observers.

Article 22 of the founding charter of the African Union defines African civil society as an advisory organ and explicitly invites African civil society through its various organisations to fully participate in the institutions of the Union, in particular, the Economic and Social Council, ECOSOC. This has now been extended no participation in various other institutions and committees such as the African Parliament, The African Court of Justice, the Conference on Security, Stability, Development and Cooperation (CSSDCA) and specialised Committees, all of which are required to involve CSOs in their work.

In June 2002, the second OAU-Civil society Conference in Addis Ababa, Ethiopia, decided to establish a Provisional AU-Civil Society Working Group in order to coordinate and work through the modalities of African civil society interface with the organs of the AU. Some 20 regional representatives were elected by the Meeting and three sectoral representatives were nominated by the OAU Secretariat. The list is appended herewith as Appendix One.

The First Meeting of the Provisional Working Group took place in Accra, Ghana during October, 2002. The second Meeting which had been scheduled for March in Mauritius did not materialise. In view of the forthcoming Summit of the AU in July in which African civil society has been given a full opportunity to participate, AFRODAD, a member of the Provisional Working Group, in line with the mandate of the members of the Group, is taking the initiative on behalf of the Group to organise a Meeting of the Group in Maputo during the last week of May to fully prepare and secure the full participation of African civil society in the African Union Summit.

The mandate of the Working Group includes the following:
a). To define the modalities of African civil society interface and participation in African Union institutions and structures b). To define the nature and characteristics of civil society representation c). To establish Ethics and Code of Conduct of African CSOs that will participate in African Union institutions and processes.

AFRODAD as a member of the working group representing Southern Africa invite you to submit comments on these attached Draft documents as well as suggestions for other agenda items for consideration, and please endeavor to send your suggestion(s) to reach the undersigned before or on June 5th,
2003, to facilitate our informed input.

Attached Pleased find A BRIEFING NOTE ON THE PROCESS, THE DRAFTS ON ECOSOCC STATUTES AND THE CODE OF ETHICS.

Yours in solidarity,
Charles Mutasa
Research and Policy Analyst
African Forum and Network on Debt and Development
207 Fife Avenue/10th Street,
P.O.Box MR38
Marlborough,
Harare,
Zimbabwe
Telephone 263 4 702 093
Telefax 263 4 702 143
E-Mail [email protected]
Website: www.afrodad.org

PLEASE CIRCULATE AS WIDE AS POSSIBLE FOR MORE COMMENTS.

CSO AU-ECOSOC PROCESS BRIEFING

Introduction

In its Decision AHG Dec. 160 (XXXII) of July 2001 in Lusaka, the OAU Assembly of Heads of State and Government stressed the importance of involving African Non-governmental Organizations, socio-economic organizations, professional associations and civil society organizations in Africa’s integration process, as well as in the formulation and implementation of programme of the Union. In that same Decision, the Assembly requested the Interim Chairperson of the AU, in consultation with a group of experts and CSO working Group Representatives submit a comprehensive report during its 2003 Maputo Summit on ECOSOCC with recommendations on:

1. Its structure, functioning, areas of competence and relationships to other organs of the Union;

2. The procedure and criteria for selecting the members of ECOSOCC, including their terms of office,

3. The relationship between ECOSOCC and African regional non-governmental organizations and professional groups;
4. The Rules of Procedure of ECOSOCC and the preparations of its work programme.

The Economic, Social and Cultural Council of the African Union (ECOSOCC) established under Article 22 of the Constitutive Act of the Union is an advisory organ composed of different social and professional groups of Member states of the Union. The establishment of this important organ is to enable the African people and institutions, not only to contribute to the programmes and decisions of the AU, but also to assume ownership of these programmes and be responsible for their implementation.

BACKGROUND

Past AU/OAU approaches for cooperation with CSOs, included the criteria for observer status and outlined essential prerequisites. In cases where observer status was not possible, cooperation agreements or Memorandum of Understanding could still be concluded as internal mechanisms for cooperation in specific areas. It is important to note that there were serious some limitations inherent in the OAU framework as it did not allow for direct participation of CSO representatives at the meetings and had no reporting or follow-up systems.

With the birth of the AU in 2002, it has become important for CSOs not to be observers of the AU proceedings but be an integral part of the organization’s decision and policymaking process. To this end a CSO Provisional Working Group was set up in June 2002 to work on the modalities, ethics and functions of CSOs within and with AU organs. Most importantly CSO will now work as an integral part of the ECOSOCC. The CSO Provisional Working Group was given a two-year mandate to complete this task June 2002-June 2004. During this period it is supposed to hold at least one big CSO-AU meeting in which it presents its draft documents to its fellow CSO members for approval and adoption before submitting it to the AU for final approval.

SCOPE AND ORGANISATION

It has been widely acknowledged that the African Union has always worked closely and collaborated with Civil Society Organizations (CSOs) in Africa, albeit in an ad hoc manner. With time, the AU realized the need to foster and widen the scope of this collaboration for recognition was given to the fact that the African CSOs, in view of the closeness to the grassroots and to the economic and social realities of the peoples of Africa, would have a major role to play in the realization of the objectives of the Union. One of such objectives is to involve the people of Africa in the management of decision and policy-making processes, Another factor taken into consideration is the role they would be expected to play in the implementation of the Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA).

In 1997, the Secretary General of the Union recommended to the Council of Ministers and the Assembly of Heads of State and Government, a more effective collaboration between the Union and Civil Society Organizations in Africa. The outcome of the approval given to this proposal was the convening of the 1st OAU- Civil Society Conference which was held in Addis Ababa, Ethiopia between the 11th and 15th of June, 2001. The theme of the Conference was “Building Partnership for Promoting Peace and Development in Africa”. The main objective of that Conference, apart from improving and consolidating the collaboration between the OAU and CSOs in Africa, was ‘to assist in promoting a homegrown African Civil Society and enhance its contribution to the fulfillment of the Union’s mission.’

The 2nd AU-Civil Society Conference was held in Addis Ababa, Ethiopia between 11th and 14th June 2002. The theme of that Conference, which was a follow up to the first Conference, was “Developing Partnership between the OAU and the African Civil Society Organizations”. This Conference was convened to further strengthen the progress made at the 1st Conference and to, among other things, develop modalities and mechanisms of collaboration between the OAU and CSOs in Africa, and to assess actions undertaken so far to implement the framework drawn up at the 1st Conference. In line with this in July 2002 the AU-CSO Provisional working Group was elected to work with the AU in coming up with modalities and ethics of such a working relationship.

1. The first AU-Civil Society Provisional Working Group Meeting was held at the M-Plaza Hotel in Accra, Ghana, from October 23 to 25, 2002.
2. Participants comprised sixteen of the twenty regional representatives elected at the Second OAU-Civil Society Conference held in Addis Ababa in June 2002 and three sectoral representatives nominated by the OAU Secretariat.
3. The activity of the Working Group is expected to lead to even better outcomes. For instance, the OAU Charter makes no reference for the civil society while the AU Constitutive Act makes specific reference to civil society, especially in Article 22. Nascent organs of the AU such as the Court of Justice, African Parliament, Specialized Technical Committees, Specialized Agencies, etc are also organs that would be open to participation of CSOs.

II. OBJECTIVES AND PURPOSE OF AU-CIVIL SOCIETY PROVISIONAL WORKING GROUP

The mandate of the Working Group includes the following:
a). To define the modalities of African civil society interface and participation in African Union institutions and structures
b). To define the nature and characteristics of civil society representation
c). To establish Ethics and Code of Conduct of African CSOs that will participate in African Union institutions and processes.

Provisional Civil Society Provisional Working Group Representatives

Central Africa:
1.0 Prof. Maurice Tadajeu, African Civil Society Organisation, Cameroon
2.0 Prof. Bahati Modeste, Societe Civil du Congo, Democratic Republic of Congo
3.0 Mme. Julienne Makaya, CARESCO, Congo Republic

West Africa:
4.0 Mr. Kofi Awity, Charities Foundation, Accra, Ghana
5.0 Mrs. Kanta Rekia, BE/Congfen, Niamey, Niger

Eastern Africa:
6.0 Mary Wandia, FEMNET, Nairobi, Kenya
7.0 Mr. Jenerali Olimwengu, Habari Corporation (Newspapers) Dar, Tanzania

Southern Africa:
8.0Charles Mutasa, AFRODAD, Zimbabwe
9.0 Mrs. Betty Nguni, NGOCC, Lusaka, Zambia
10.0 Dr. John Kudjoe, African Institute of South Africa, Pretoria, South Africa

North Africa:
11.0 Dr. Amany Asfour, Business Women Association, Cairo, Egypt
12.0 Dr. Fatima Karadja, ANSEDI, Algerrs, Algeria
13.0 Dr. Anouar Moalla, Association Tunisienne de Lutte contra MST et le SIDA, Tunisia

Sectoral Representatives:
14.0 Dr. Jakkie Cilliers, Institute for Security Studies, South Africa
15.0 Dr. Olimide Ajayi, Africa Leadership Forum, Nigeria

As a representative of Southern Africa, AFRODAD will coordinate documentation that will need further discussions in Maputo on the basis of various meetings that have already taken place between the AU and African civil society. The final documentation of the Maputo Meeting will be distributed to the wider African civil society as well as providing documents for further discussion in Maputo during CSO Meetings prior to the summit.

WORKING DRAFT

A Model Code of Ethics and Conduct for Civil Society
Organizations in Africa

TABLE OF CONTENTS

EXPLANATORY NOTES:
a. BACKGROUND
b. RATIONALE
c. ADVANTAGES

THE CODE OF ETHICS AND CONDUCT FOR CIVIL SOCIETIES IN AFRICA

PREAMBLE

ARTICLES-

ONE : DEFINITIONS

TWO : ETHICAL PRINCIPLES

THREE : CODE OF CONDUCT

a. GOOD AND DEMOCRATIC GOVERNANCE
b. ORGANIZATIONAL INTEGRITY AND INDEPENDENCE
c. FINANCIAL STANDARDS AND ACCOUNTABILITY
d. MANAGEMENT AND HUMAN RESOURCES COMMITMENTS
e. COMMUNICATIONS

FOUR : ENFORCEMENT OF THE CODE

FIVE : REVISION CLAUSE

SIX : APPENDIX

THE CODE OF ETHICS AND CONDUCT FOR CIVIL SOCIETIES IN AFRICA

PREAMBLE

RECALLING the Declaration adopted at the fourth Extra-ordinary Session of Assembly of Heads of States in Sirte, the Great Socialist People’s Libyan Arab Jamahiriya, on the 9th of September, 1999, in which the Heads of Governments decided to establish an African Union in conformity with the ultimate objectives of the Charter of Continental Organisation and the Treaty establishing the African Economic Community and which African Union was inaugurated on the 11th of July, 2002 in Durban, South Africa;

RECALLING ALSO the aspiration of the African Union to promote engagement of its people in its political and decision making processes and committing itself to this aspiration through the adoption of the African Charter for Popular Participation in Development in 1990;

GUIDED by the Conference on Security, Stability, Development and co-operation in Africa (CSSDCA), Solemn Declaration adopted by the 36th Ordinary Session of the Assembly of Heads of State and Governments of the OAU held in Lome, Togo in July, 2000 ;

FURTHER GUIDED by the aspiration of the African Union to build a united and strong Africa and by the need to build a partnership between governments and all segments of civil society, in paarticular women, youth and the private sector, in order to strengthen solidarity and cohesion amongst the people of Africa;

CONSCIOUS of the important role played by Civil Society Organisations in Africa, and the important role assigned to them in the implementation of the Memorandum of Understanding on the CSSDCA approved by the 38th Ordinary Session of the Assembly of Heads of State and Governments of the Union held in Durban, South Africa in July, 2002;

RECOGNISING the integral role, diversity and comparative advantage of CSOs mobilising grassroot support for the popularisation of the AU in its mandate and aspirations ;

RESOLVED to subscribe to a set of standards, core values and Code of Ethics and Conduct in our engagement with the organs of the AU and our various governments ;

CONVINCED of the need to work closely with the African Union and its Member States in their expressed determination to take up the multi faceted challenges that confront our continent and peoples in the light of the social, economic, and political changes taking place in the world ;

WE the representatives of the Civil Societiy Organisations in Africa HEREBY VOLUNTARILY AGREE to adhere to the principles and standards herein-contained :

ARTICLE ONE : CITATION
Formal reference to this Code of Ethics and Conduct shall be “The Code of Ethics and Conduct for Civil Society Organizations in Africa”

ARTICLE TWO : DEFINITIONS

In this Code of Ethics and Conduct :

a. ‘CSOs’ means Civil Society Organisations

b. ‘The Organisation’ refers Civil Society Organisation

c. ‘The Union’ refers to the African Union

d. ‘ECOSSOC’ refers to The Economic Social and Cultural Council.

e. ‘The Code’ refers to The Code of Ethics and Conduct for Civil Societies in Africa

f. ‘CSO signatory’ refers to a Civil Society Organization that has voluntarily agreed to abide by this Code. “WE” is the collective terms for all the CSOs that are signatories to this Code.

g. ‘CAC’ refer to Code Adherence Committee

ARTICLE THREE : ETHICAL PRINCIPLES

In the pursuit of our activities, we shall be guided by the following ethical principles :

a. To respect the equality, fundamental human rights and dignity of all persons

b. To promote Pan Africanism that goes beyond advancement of national or partisan interests or considerations

c. To foster and maintain mutual trust and respect with the AU and its organs

d. To adhere to the principles of democratic governance and the rule of law and particularly to be fair to all persons including the staff of our organizations.

e. To foster justice for all, observe the principle of equity and good conscience and remain non- partisan

f. To maintain and observe clear conflict of interest guidelines

g. To maintain a high standard of professionalism in service and interaction

h. To be open and transparent in internal and external relations particulaly in the reciept and mangement of the funds of the organisation

i. To avoid corrupt practices and any other act which may bring our organisations to disrepute and especially to operate with a full sensse of responsibility and accountability.

j. To nurture an atmosphere of openess and transparency and to run our organisations in a manner that would ensure its sustainability.

k. To promote gender and social inclusion.

ARTICLE FOUR : CODE OF CONDUCT

a. GOOD AND DEMOCRATIC GOVERNANCE
i. CSOs shall operate under the terms set out in written Constitution or any other such instrument which amongst other things clearly articulates its vision, objectives and organisational structure.

ii. CSOs shall be governed by such governing bodies provided for in the Constitution under which they are establshed or any other such instrument, with an apex governing body made up of balanced anddiverse representations. Such governing bodies shall govern the organizations fairly, impartially and in a responsibe manner.

iii. As part of its commitment to democratic governance, the Constitution or any other instrument establishing the organisation, shall stipulate the tenure of members of he governing bodies with provisions for democratic process of change.

iv. The apex governing body shall be the final approving authority for all policy statements and annual programmes of the organisation taking into consideration the needs of he target population.

v. The apex governing body shall put in place policies that affect the membership of he organisation, promote gender equity and social inclusion.

NOTWITHSTANDING the provisions of this Article, nothing shall prevent the members of he governing bodies of an organisation from delegating any of its powers herein-contained to a Committtee of itself and which shall report to the general body of the governing body periodically.

b. ORGANIZATIONAL INTEGRITY AND INDEPENDENCE
i. The principles of transparency and accountability shall be applied in all the affairs and activities of the organisations, whether with the government, the target population, donors and other stakeholders. The activities of the Organization shall, upon request be open and accessible to scrutiny by its respective donors, except for personal matters, legal matters and proprietary information, as specified by law.

ii. The apex governing body shall establish clear and unambiguos guidelines which shall serve the purpose of ensuring that the personal interests of the members and volunteers do not conflict with that of the organisation

iii. In dealing with complaints of misconduct, abuse of office or other irregularities levelled against any member or volunteer of the organisation, the equitable principles of fair hearing shall be fully adopted.

iv. CSOs shall espect the values and traditions of all peoples, but it shall maintain its independence and not put itself in a position where the mission and integrity of hte organisation may be compromised.

c. FINANCIAL STANDARDS AND ACCOUNTABILITY
i. In their fund raising efforts, CSOs shall exercise caution having regard to the need to maintain their independence and credibility, and in this connection, there shall be openess, honesty and transparency exhibited in the raising of funds, its use and method of accouting for same.

ii. It shall be the responsibility of the apex governing body to approve the annual budget of the organisation and to ensure that acceptable and sound financial accounting pracitices are employed.

iii. Financial prudence shall be maintained in the expenditure of the finances of the organisations

iv. The apex governing body of any organisation shall cause an annual auditing of its account to be made, the result of which shall be widely circulated and made available to all who request same.

v. CSOs shall strive towards attainment of self-reliance rather than continue to foster donor dependency.

d. COMMUNICATION
i. CSOs shall provide members of the public, the target population, donors, governments with adequate information about their activities, finances and other important information .

ii. In the course of preparing, drafting or formulating the information it intends to give to the public, duty of care and due diligence must maintained in order to prevent information and any statement which may discredit or damage the reputation of any other organisation, its members and volunteers.

iii. CSOs shall nurture the habit of sharing information with other CSOs, such as the result of research.

iv. CSOs will encourage participation of its partners and collaborators in the formulation of any communication to the public.

v. No person shall be denied access to any information relating to the management of the affairs of the organisation.

e. . MANAGEMENT AND HUMAN RESOURCES COMMITMENTS

i. CSOs shall adopt sound management practices which take into account the vision, objectives and organisational structure of the CSO into consideration.

ii. With a view to ensuring sustainabilty, the programs of the CSOs shall be designed and approved by the apex governing body only after consultations with the target population after giving full disclosure of all relevant facts including the result of any research conducted, if any.

iii. The management guidelines and practices established shall take cognisance of the need to promote gender balance and equity particularly in the area of recruitments, advancement, professional development and decision-making processes of the organisation.

iv. CSOs shall develop measurable impact indicators for each of their programmes in order to assess their effectiveness and benefits.

v. Proper and efficient monitoring and evaluation mechanisms must be established to assess the overall performance of the organisation.

vi. CSOs shall develop and maintain well articulated policies and guidelines to deal with their relationship with, and their expectations from the employees and volunteers of the organisation. Such policies or guidelines shall incorporate th eprinciples of fairness and justice.

vii. CSOs shall endeavour to establish a form of training and educational programme in support of this Code in order to ensure that its underlying values and expectations are eventually integrated fully into the organisation.

ARTICLE FOUR : ENFORCEMENT OF THE CODE
The violation or breach of any of the provisions of this Code shall be dealt with in the manner hereinafter stated :

a) There shall be constituted in every country an independent Code Adherence Committees (‘CAC’) which shall be charged with the responsibility of ensuring compliance with the provisions of the Code. The responsibility for the establishment of the CAC shall be that of signatories to the Code within that country.

b) The CAC shall be charged with the following responsibilities :

i. Ensure strict compliance with the provisions of the Code
ii. Determine petitions and complaints brought before it
iii. Create awareness of he provisions of the Code and take steps to popularise its contents, rendering assisstance and explanations whenever required.
iv. Any other responsibilities deemed appropiate

c). The CAC shall be accountable to the ECOSOCC, an organ of the AU.

d) Any aggrieved person or other organisation may file a complaint or petition before
the CAC.

e) The petition may be oral or written and it must contain the following information :
i. Bio data of the petitioner of complainant
ii. Name and address of the Respondent, the person against whom the compalint is laid or petition made.
iii. Statement giving details of the breach allegedly committed by the Respondent, including the date, place and time in which the breach was committed, attaching any documentary evidence, if any.
iv. Any other relevant information which may assisst the CAC in coming to a just and fair decision.

f) The CAC shall promptly consider and investigate all complaints and petitions brought before it, and at all times adhering to the principles of fair hearing, particularly observing the need for there to be full disclosure to the Respondent and giving him or it the opprotunity to respond.

g). The CAC shall take oral evidence, where necessary.

h) Where the petition or complaint is made against a member of the CAC, that member shall not take part in the proceedings at which the complaint will be heard.

i) Where the CAC finds that the respondent CSO or its representative has violated the Code, the CAC will have the power to take one of more of the following measures:
i. Reprimand the Respondent
ii. Make an Order requiring the Respondent to take certain remedial steps
iii. Recommend the suspension or expulsion of the Respondent/CSO to
ECOSSOCC
iii. Any other action deemed appropriate by the CAC

1. j) An aggrieved Respondent party may appeal the decision of the CAC to an Appeals Committee set up as a structure of ECOSOCC, within the numbers of days stipulated in the instrument establishing the CAC in that country. The Appeals Committee may, after a full review of the whole matter, take any of these decisions:
2.
i. Remand the case to the CAC for reconsideration.
ii. Confirm, reverse or amend the decision.
iii. Any other decision which in the opinion of the CAC, is apppropriate in the circumstances

6. REVISION CLAUSE
Any part of the provisions of the Code shall be changed only by the vote of two thirds majority of the CSOs who have committed to it.

7. APPENDIX

ACKNOWLEDGEMENT :
In preparing this Code of Ethics and Conduct, the following similar documents have been consulted-

DRAFT STATUTES OF THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL OF THE AFRICAN UNION

May 14, 2003

TABLE OF CONTENTS

Preamble
Article 1 : Definitions
Article 2 : Composition
Article 3 : Objectives
Article 4 : Membership
Article 5 : Functions
Article 6 : Powers of ECOSOCC
Article 7 : Structure of ECOSOCC
Article 8 : The Steering Committee
Article 9 : Sectoral Cluster Committees
Article 10: The Selection Committee
Article 11: Eligibility Requirements for Membership of ECOSOCC
Article 12: Settlement of Disputes
Article 13: Rules of Procedure
Article 14: Working Languages
Article 15: Amendments
Article 16: Entry into Force

Preamble

The Assembly of the African Union,

· Recalling the objectives and principles stated in the Constitutive Act of the African Union;

· Recalling further the provisions of Article 22 of the Constitutive Act;

· Stressing the necessity to involve the African people from all walks of life in the process of building the African Union;

· Cognisant of the efforts made by African civil society organizations to participate in the edification of a united, peaceful and prosperous Africa;

· Convinced of the necessity to establish an effective partnership between governments of Member States of the Union and all the components of the civil society;

· Determined to involve representatives of civil society organizations with the process of elaboration, implementation, monitoring and evaluation of economic, social and cultural programmes of the Union;

· Convinced that popular participation in the implementation of the African Union, as enunciated in the African Charter for Popular Participation, is necessary for its success;

· Determined to pursue and share a common vision of a strong and prosperous Africa with all concerned people, particularly people of African descent in the diaspora.

Agrees on the following:

Article 1

Definitions

In these statutes:

“Assembly” means the Assembly of Heads of State and Government of the Union; “Chairperson” means the Chairperson of the Commission unless otherwise specified;
“Commission” means the Secretariat of the Union;
“Committee” means a Specialized Technical Committee of the Union;
“Constitutive Act” means the Constitutive Act of the African Union;
“CSO” means Civil Society Organization;
“ECOSOCC” means the Economic, Social and Cultural Council of the Union;
“CSSDCA” means the Conference on Security, Stability, Development and Cooperation in Africa;
“Executive Council” means the Executive Council of Ministers of the Union;
“General Assembly” means the General Assembly of ECOSOCC;
“Member State” means a Member State of the Union;
“NEPAD” means the New Partnership for Africa’s Development;
“OAU” means the Organization of African Unity;
“Parliament” means the Pan-African Parliament of the Union;
“PRC” means the Permanent Representatives’ Committee;
“RECs” means the Regional Economic Communities;
“Steering Committee” means the Steering Committee of ECOSOCC;
“Union” means the African Union established by the Constitutive Act.

Article 2

Composition

1. The Economic, Social and Cultural Council is a body of Civil Society Organizations (CSOs) involved in a wide range of activities at all levels.

2. These CSOs include but are not limited to the following:

a. Social groups such as those representing women, children, youth, the elderly, disabled persons;

b. Professional groups such as associations of artists, engineers, medical doctors, media, teachers, lawyers, economists, business organizations (Chambers of Commerce, Industry and Agriculture);

c. Non-Governmental Organizations (NGOs), Community Based Organizations (CBOs) and Volunteers Organizations;

d. Organizations of Workers and Employers;

e. Organizations of traditional leaders, academia, religious and cultural associations.
Article 3

Objectives

The Economic, Social and Cultural Council is established to:

1. Promote permanent dialogue between the African people and its leadership on vital issues concerning Africa and its future;

2. Promote a strong partnership between governments and all segments of civil society, in particular women, youth, children, the diaspora and the private sector;

3. Support the political and socio-economic development and integration of the continent;

4. Promote democratic principles and institutions, popular participation, good governance, human rights and freedoms, and social justice;

5. Strengthen the linkages among the organs of the Union on the one hand, and between these organs and the Regional Economic Communities (RECs), on the other hand;

6. Ensure that AU’s activities effectively meet the aspirations of the African people;

7. Contribute to building and sustaining the institutional, human and operational capacities of the African civil society.

Article 4

Membership

1. The Economic, Social and Cultural Council is composed of 150 CSOs selected to represent the Member States of the Union, the RECs and the Diaspora, taking into account the established sectoral clusters of ECOSOCC;

2. Each Member State shall be represented by two CSOs;

3. 24 transnational sectoral CSOs shall be selected as Members of ECOSOCC at the regional and continental levels;

4. 20 CSOs from the African Diaspora shall be selected as Members of ECOSOCC;

5. Each CSO Member of ECOSOCC shall select only one substantive representative to assume its mandate;

6. A 50% gender equality principle shall apply in the membership of ECOSOCC;

7. Members of ECOSOCC shall have a mandate of 2 years renewable.

Article 5

Functions

As one of the major organs of the AU for ensuring that African people effectively participate in policy formulation processes, and in the implementation and evaluation of the AU programmes, ECOSOCC shall assume the following functions:

1. Contribute to the effective translation of the objectives, principles and policies of the AU into concrete programs as well as implementation, monitoring and evaluation of these programs;

2. Undertake such studies as are recommended by any other organ of the AU and submit its recommendations accordingly;

3. Initiate and carry out any other study deemed necessary for the Union and submit recommendations thereof;

4. Promote and sustain popular participation towards the realization of the vision and objectives of the Union;

5. Promote human rights, the rule of law, gender equality, and the sharing of best practices;

6. Work closely with all organs and components of the Union, and participate in their activities as necessary;

7. Promote, across the continent and in the Diaspora, strong reflection groups on Africa, in order to forge Pan-African values towards enhancing an authentic African social model and way of life.

8. Build and sustain trust and confidence in the AU among the African people at all levels.

9. Assume any other functions as decided upon by the Assembly.

Article 6

Powers of ECOSOCC

As the permanent advisory organ of the Union, ECOSOCC shall exercise the following powers:

1. Control the process and modalities through which its members discharge their duties including the application of sanctions;

2. Approve and revise its own Rules of Procedure.

Article 7

Structure of ECOSOCC

1. The Economic, Social and Cultural Council is organized in the form of a central structure composed of:

a) A General Assembly;
b) A Steering Committee;
c) Sectoral Cluster Committees;

2. The General Assembly shall be the supreme organ of ECOSOCC and be composed of:

a) All the representatives of CSOs selected as members of ECOSOCC;

b) Observers, including:
i. Representatives of other organs and components of the AU;
ii. CSOs, UN Agencies, and other inter-governmental institutions with an observer status at the AU.

c) The Steering Committee, in consultation with the Commission, shall determine the criteria and modalities for granting observer status to ECOSOCC.

3. Meetings of the General Assembly:

a) The General Assembly shall meet once every 2 years to review the activities of ECOSOCC and the Union, and to propose appropriate actions and recommendations;

b) The General Assembly may meet in Extraordinary Sessions under conditions to be specified in the rules of procedure of ECOSOCC.

Article 8

The Steering Committee

1. The Steering Committee shall be responsible for the functioning of ECOSOCC in between the Sessions of the General Assembly.

2. The Steering Committee shall be elected by the General Assembly and be composed of 12 members including 10 representatives of the Sectoral Cluster Committees, a representative of the diaspora and the President of ECOSOCC.

3. The term of office of the Steering Committee members shall be two years.

4. The functions of the Steering Committee are:

a) Coordinate and integrate the work of ECOSOCC;
b) Establish the programmatic thrust of Sectoral Cluster Committees;
c) Prepare and present reports and advisory opinions as necessary;
d) Prepare the budget;
e) Prepare the meetings of the General Assembly;
f) Network with other organs and components of the AU;
g) Set up the Selection Committee as a standing committee, and follow up its work.

5. Members of the Steering Committee shall attend the meetings of the other organs and components of the Union as observers.

Article 9

Sectoral Cluster Committees

The following Sectoral Cluster Committees are established as key operational sectors for CSO Members of ECOSOCC:

1. Peace and Security: Conflict Prevention, Management and Resolution; Fight against Terrorism; Crime Prevention.

2. Political Affairs: Human Rights; Democracy; Good Governance; Power Sharing; Electoral Institutions; Humanitarian Affairs; Refugees; Returnees and Internally Displaced Persons.

3. Infrastructure and Energy: Energy; Transport; Communications; Infrastructure and Tourism.

4. Social Affairs: Health; Children; Drug Control; Population; Migration; Labour and Employment; Sports; Culture; Family; Aging.

5. Human Resources, Science and Technology: Education; Information Technology; Communication; Youth; Human Resources; Science and Technology.

6. Trade and Industry: Trade; Industry; Customs and Immigration Matters.

7. Rural Economy and Agriculture: Rural Economy; Agriculture and Food Security; Livestock; Environment; Water and Natural Resources and Desertification.

8. Economic Affairs: Economic Integration; Monetary and Financial Affairs; Private Sector Development and Resource Mobilization.

9. Women and Gender Related Issues: Women; Gender and Development as a crosscutting issue.

10. Cross-Cutting Programs: Strategic Planning; New Development Prospects and Issues; NEPAD and CSSDCA.

11. The Assembly shall establish other Sectoral Cluster Committees or modify the above as it deems necessary.

12. The Sectoral Cluster Committees shall meet as often as the need arises from issues on their respective sectoral agendas.

Article 10

The Selection Committee

1. The Selection Committee shall be responsible for selecting members of ECOSOCC according to the criteria set out in Article 11.

2. The Selection Committee shall be composed of the following:

a) Representatives of the African civil society from the five regions of the continent;
b) One representative of the African Diaspora CSOs.

3. The Selection Committee shall elect the following officers to facilitate its work:
a) A Chairperson; and
b) A Rapporteur.

4. The Selection Committee shall:

a) Invite candidatures to membership of ECOSOCC;
b) Process applications and select qualified CSOs to ECOSOCC.
Article 11

Eligibility Requirements for Membership of ECOSOCC

The minimum requirements to be fulfilled by CSOs seeking membership to ‘ECOSOCC are as follows:

1. Be a national, a transnational or an African Diaspora CSO;

2. Have aims and objectives that are in harmony with the aims and objectives of the African Union as set out in Articles 3 and 4 of the Constitutive Act;

3.

a) Be registered in a Member State of the AU;
b) Show a minimum of 3 years proof of registration as an African Diaspora CSO prior to the date of submission of application, including proof of operations for those years;
c) CSOs having observer status or working with the AU are expected from the requirements of (a) and (b) above.

4. Provide annual audit statements by an independent auditing company, registered as such within that country, when the nature and activities of the CSO require such audits;

5. Show proof that the ownership and management of the organization is made up of not less than 50% of Africans or peoples of African origin;

6. Provide information on funding sources in the preceeding three years.

7. For transnational CSOs, show proof of activities that engage or are operative in at least three Member States of the AU;

8. Organizations that discriminate on the basis of any specific religion, gender, tribe, ethnic, racial or political basis are disallowed from selection to ECOSOCC;

9. A request for membership to ECOSOCC shall be submitted in the application form prescribed in the Rules of Procedure of ECOSOCC;

10. Membership to ECOSOCC shall be subject to renewal every four (4) years, according to modalities specified in the Rules of Procedure of ECSOCC.

Article 12

Settlement of Disputes

Modalities of resolving disputes arising from the work of ECOSOCC shall be provided for its Rules of Procedure.

Article 13

Rules of Procedure

To ensure its smooth functioning, ECOSOCC shall adopt their own Rules of Procedure.

Article 14

Working Languages

1. The official languages of ECOSOCC shall be the same as those of the Union.

2. The Executive Council shall determine the process and practical modalities of using the official languages as working languages of ECOSOCC.

Article 15

Entry into Force

The present Statutes shall enter into force upon its adoption by the Assembly of the Union.

Article 16

Amendments

The present Statutes may be amended by the Assembly of the Union.