Decision on the Activity Report of the African Union Commission on International Law (AUCIL)

DECISION ON THE ACTIVITY REPORT OF THE AFRICAN UNION
COMMISSION ON INTERNATIONAL LAW (AUCIL)
Doc. EX.CL/1032(XXIX)

The Executive Council,

1. TAKES NOTE of the Activity Report of the African Union Commission on International Law (AUCIL) for the period 30 July 2016 to 30 June 2017 together with the recommendations contained therein;

2. EMPHASIZES the importance of the legal studies on international law carried out by AUCIL at the request of the Policy Organs of the Union and its member States, as well as those initiated by itself on matters of International Law of interest to the African Union and its member States;

3. COMMENDS the AUCIL for its efforts towards the realisation of one of the aspirations of Agenda 2063, in order to achieve “an Africa of good governance, democracy, respect for human rights, justice and the rule of law” and UNDERSCORES the need to collaborate with the African Governance Architecture of the African Union on this matter;

4. ENCOURAGES:

i) Member States, other Organs and departments of the Union to extend necessary support to and work with the AUCIL in the preparation of its Studies and draft instruments, inter alia, providing information that AUCIL may request or need for this purpose in the field of international law and the African Union Law;

ii) the AUCIL, within the limits of available resources, to bolster its activities aimed at facilitating the contributions of the Member States of the African Union and African scholars and practitioners to the progressive development of International Law and its codification and the development and dissemination of African Union Law;

5. CALLS UPON Member States to consider increasing the Budget of the African Union Commission on International Law to enable it to conduct its research studies and discharge its mandate more effectively;

6. TAKES NOTE and UNDERSCORES the importance of the Statute of the African Union Commission on International Law (AUCIL) which requires the African Union Commission (AUC) to provide the necessary means, staff and infrastructure to the AUCIL Secretariat to enable it carry out its duties effectively, and REQUESTS the Commission to provide the AUCIL Secretariat with a Division with sufficient human resources in the proposed new structure of the Office of the Legal Counsel;

7. ALSO TAKES NOTE of the visit of the AUCIL delegation to Equatorial Guinea and the offer of its President to host its Headquarters and the interests of the Republic of Ghana and Egypt to host this Organ and RECALLS that hosting of any AU Organ shall be undertaken in accordance with the Criteria for Hosting AU Organs adopted by the Executive Council at its 7th Ordinary Session in July 2005;

8. ENCOURAGES the AUCIL to hold its yearly international law Forum in close collaboration with the African political leadership, the private sector, academia and civil society to discuss developments and constraints of International Law as well as measures to be taken to realise the Aspirations and goals of Agenda 2063.

9. REQUESTS:

i) Member States to abide by their obligations under the Convention of Privileges and Immunities of the Organization of African Unity of 25 of October 1965 and the principles of International Law;

ii) The Government of the Federal Republic of Ethiopia to abide by its obligation under the Convention of Privileges and Immunities of the Organization of African Unity and the principles of International Law and to immediately take necessary measures to guarantee the non-occurrence of such unfortunate incidents2.