A49 TREATY TO ESTABLISH AFRICAN ECONOMIC COMMUNITY RELATING TO THE PAN-AFRICAN PARLIAMENT (ACCESSION AND JURISDICTION) ACT, 2004 (2005).
ARRANGEMENT OF SECTIONS
Section:
1. Enforcement of the Treaty to establish the African Economic Community Relating to Pan-African Parliament.
2. Short title.
Schedule.
TREATYTO ESTklLISHAFRICANECONOMICCOMMUNlTY RELATING TG THE PAN-AFRICAN PARLIAMENT (ACCESSION AND
JUiUSDICTION) ACT,·2004 (:.005)
ANAct TOACCEDETOANDTOENABLEEFFECTTOBEGIVENINmE fEDERAL REPuouc OF NIGERIATOTHETREATYESTABLISIDNGTHEAFIuCANEcoN0MICCoMMJND'Y RIil.A11kG 1'0
THEPAN-AFRiCANPARLIAMENTPROTOCOL;AND FORREI..ATEDPuRrosllS
[28th. Febrw.uy. 2005] Coimncncc- IDent.
WHEREASthe Treaty establishing the African Economic CommuOity Relating to the Pan-African Parliament was signed bythe Heads ofGovemment of the Member States (..:'African Union on 3rd JUIle, 199~.
ANDWHEREASNigeria was a signatory to the said Treaty ;
AND WHEREASthe Government of the Federal Republic of Nigeria has by a decision duly reached in accordance with her constitutional process, acceded to and or ratify the said Treaty; .
.'
AND 'W.HEREAsit is necessary and expedient to enact a law to enable effect be given to the Treaty establishing African Economic Community Relating to the Pan- At~i~an Parliament in l\\geria ;
Now THEREFOREit is :
ENACTEDby tbo National Assembly of the Federal Republic ofNigeria :
1. As from the cctnmencement oT ~is Act, the provisions of the Treaty to establish African Economic Community R(;lating to the Pan-African Parliament which are set out in the Schedule to this Act, shali subject as.there '~r~er provided, have jurisdiction in Nigeria and shall be given full recognition -;nd effect in Nigeria.
Enforeemeat of the Treaty. to csDbIisb the African Economic Community R.elating to Pan- African Puliameat SdtcdaIc.
2. This Act may be cited as the Trt~ to establishAftican Ecol1ODlicCommunity Short Title. Relating to the Pan-African Parliament (Accession and Jurisdiction) Act 2004. .
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SCHEDULE Section 1
ARTICLE 1- DEFINITIONS r :
In this Protocol, the following expressions shall have the meanings assigned to them hereunder:
"Assembly" means the Assembly of Heads of State and Government of the Community; "Bureau" means the officers of the Pan-African Parliament as provided for in Article 12 (5) of
this Protocol ;
"Community" means the African Economic Community ;
"Council" means the Council of Ministers of the Community ; "Court of Justice" means the Court of the Community ; "General Secretariat'·means the General Secretariat of the Community ;
"Member of Pan-African Parliament" or "Pan-African Parliamentarian" means a representative elected or designated in accordance with Article 5 of this Protocol;
"Member State" or "Member States", unless the context otherwise prescribes, means Member State or Member States of the Community ;
"AU" means the African Union; "President" means the Member of the Pan-African Parliament elected to conduct the business
ofParliam~ntinaccordancewithAr'dcle 12 (2) of this Protocol; "Region of Africa" shall have the meaning assigned to it in Article 1of the Treaty establishing
the African Economic Community; . "Secretary-General" means the Secretary General of the Community ; "Treaty" means the Treaty establishing the Africhn Economic Community.
ARTICLE 2 - ESTABLISHMENT
1. Member states hereby establish a Pan-African Parliament, the composition, functions, Powers and organization of which shall be governed by the present Protocol.
2 The Pari-African Parliamentarians shall -epresent all the peoples of Africa.
3. The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage. However, until such time as the,Member States decide otherwise by an amendment to this Protocol:
(I) The Pan-African Parliament shall have Consultative and advisory powers o,nly ; and (il) The Members of the Pan-African Parliament shall be appointed as provided for in Article 4
of this Protocol.
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ARTICLE 3- OBJECTIVES "
The objectives of the Pan-African Parliament shall be to :
1. facilitate the effective implementation of the policies and objectives of the African Union (AU) and African Economic Community (AEC) and, ultimately, ofthe African Union;
2. promote the principles of human rights and democracy in Africa ; 3. encourage good gove~ance, transparency and accountability in Member States; 4. familiarize the peoples of Africa with the objectives and policies aimed at integrating the .
African Continent within the frame~ork of the Establishment of the African Union; > , .. . , '\ '
5. promote peace, security and stability ; 6. contribute to a more prosperous future for the peoplesofJ\frica by promoting collective self- .
reliance and economic recovery ;
7. facilitate c?-operation and development in Africa;
8. strengthen Continental solidarity and build a sense of common destiny among the peoples of Africa ;
9. facilitate co-operation among Regional Economic Communities ~5!their Parliamentary fora.
ARTICLE 4 - COMPOSITION
1. Member States shall be represented in the Pan-African Parliament by an equal number of Parliamentarians;
2. Each Member State shall be represented in the Pan-African Parliament by five (5) members, at least one of whom must be a woman;
3. The representation of each Member State must reflect the diversity of political opinions in each National Parliament or other deliberative organ.
ARTICLE 5 - ELECTION, TENURE AND VACANCIES
1. The Pan-African Parliamentarians shall be elected or designated by the respective National Parliaments or any other deliberative organs of the Member States, from among their members.
2. The Assembly shall determine the beginning of the first term of office of the Pan-African Parliament at its session immediately following the entry into force of this Protocol.
3. The term of a Member of the Pan-African Parliament shaIlrun concurrently with his or her term in the National Parliament or other deliberative org~.
4. The seat of a Member of the Pan-African Parliament shall become vacant if'he or she: (a) dies; (b) resigns in writing to the President; (c) is unable to perform his or her functions for reasons of physical or mental incapacity;
I
(d) is removed on grounds of misconduct j
(e) ceases to be a Member. of the National Parliament or other deliberative organ;
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(j) is recalled by the National Parliament or other deliberative organ ; or (g) ceases to be a Pan~Atiican Parliainentarian in terms of Article 19 of this ProtoCol.
Alma..E6- V.oTE
The Pan-African Parljamenttrians iball vote in ~eir personal and iridependent capacity.( , AIma.E 7 -INcoMPATIBILITY
Membership of the Pan-AJD:an P.tUimeDtsball not be compatible with the exercise ofeucutive or judicial functions in a Member State.
ARTICLE 8 - PRIVILEGES AND IMMvNITIES or PAN-AFRICAN PARLIAMENTARIANS
1. The Pan-African Parliamentarians, while exercising their functions, shall ~j.oy in the territory of each Member State the immunities 'and privileges extended to representatives of Member States under the General Convention on the Privileges and Immunities of the GAU and the Vienna Convention on Diplomaiic Relations.
2. Without prejudice to Paragraph (1) of this Article, the Pan-African Parliament shall have the power to waive the immunity of a member in accordance with its Rules of Procedure.
ARTICLE 9 - PARLIAMENTARY IMMUNITIES
1. The Pan-African Parliamentarians shall enjoy parliamentary immunity in each Member State. Accordingly, a member oftlfe Pan-African Parliament shall not be Hable to civil or criminal proceedings, arrest, imprisenment or damages for what is said or done by him or her within or outside the Pan- African Parliament in his or her capacity as a member of Parliament in the discharge of his or her duties.
2. Without prejudice to Paragraph (1) ofthis Ar:ticl~, the Pan-African Parliament shall have the Power to waive the, immunity of a member in accordance with its Rules ot"t»rocedure.
ARTICLE 10 - ALLOWANCE
The Pan-African Parliamentarians shall be paid ~ allowance to meet expenses in the discharge of their duties.
ARTI~LE 11 - FUNCTI.oNS AND P.oWERs
The Pan-African Parliament shall be vested with legislative powers to be defined bythe~bly. However, during the first tenn of its existence, the Pim-AfricanParliamerit shall exercise advisory and consultative powers only. ln ~is regard; it inay:
1. Examine, discuss or express an opinion on any matter, either on its own initiative or at the request of the Assem1>ly or other policy organs 'and.make any recommendations it may deem fit relating to, inter alia, matters pertaining to respect of human rights, the consolidation of democratic institutions and the 'culture of democracy, as well as the promotion of good governance and the ruleoflaw.
f, -v,
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2. Discuss its budget and the budget of the Community and make recommendations thereon prior toits approval by the Ass~mbly.
3. Work towards th~ harmonization or co-ordination of the laws ofMelnber States. 4 .. Make reco~endations aimed at conttib)1tmg to the attainment ofth~ objectiv~s of the AU
and AEC and draw attention to the challenges facingthe integration process in Africa iswell as the strategies for dealijlg with them- :
S. Request officials of the AV and AEC to attend to its sessions, produce documents or assist in the discharge of its duties.
6. Promote the ptogramnies and objectives of the AU and ABC, in the constituencies of the Member States.'
'7..Promote the ~-ordinatioll and harmonization of policies, measures, programmes and~v.ities of the Regional Economic Communities,and the parliamentary fora of Africa.
8. Adopt its Rules of Procedure, elect its own President and propose to the Council and the Assembly the size and nature of the support staff of the Pan-African Parliament.
9., Perform such other functions as it deems appropriate to achieve the objectives set out in Article 3 of this Protocol.
ARTICLE 12 - RULES OF PROCEDURE AND ORGANIZATION OF THE PAN-AFRICAN PARLIAMENT
I. The Pan-African Parliament shall adopt its own Rules of Procedure on the basis ofatwo- thirds majority of all its members.
2. The Pan-African Parliament shall elect, at its first sitting following its election, by secret ballot, from among its members and in accordance with its Rules of Procedure, a President and 4 Vice- Presidents-representing the Regions of Afi:ica as determined by the AU. The election shall, in each case, be by simple majority of the members present.and voting.
3. The terms of office of the President and Vice-Presidents shall run with the National Parliament or the deliberative organ which elects or designates them.
4. The Vice-Presidents shall be ranked in the order offirst, second, third and fourth initially, in accordance with the result of the vote and subsequently by rotation.
S. The President and the Vice-Presidents shall be the Officers of the Pan-African Parliament. The Officers, under the control and direction of the President and ~ubject to such directives as may be issued by the Pan-African Parliament, shall be responsible for the management and administration of the affairs and facilities of the Pan-African Parliament and its organs. In the discharge of their duties, the Officers shall be assisted by the Clerk and the two Deputy Clerks.
6. The Pan-African .Parliament shall appoint a Clerk, two Deputy Clerks and such other staff and functionaries as it may deem necessary for the proper discharge ofits functions and may by regulations provide for their terms and conditions of office in accordance with the>relevant AU'practice as appropriate.
1. Th,ePresident shall preside over all Parliamentary proceedings ex~pt those. held in Committee and, inhi:i OfhQfIbKn~, dlQVi~PresideDts shall act in rotation, in accordancp~tbe Rules ~f Procedure which shall also deal with the powers of the person presiding over Parliamentary prcweedinp.
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8. The office of the President or Vice-President shall become vacant ifhe or she:
(a) dies; (b) resigns in writing;
(c) is unable to perform his or her functions for reasons of physical or mental incapacity; (d) is removed on grounds of misconduct ; (e) 'ceases to be a Member of the National Parliament or other deliberative organ; (j) is recalled by the National Parliament or other deliberative organ; or (g) ceases to be a Pan-African Parliamentarian in terms of Article 19 of this Protocol.
9. Removal on the grounds stipulated in 8 (c) or(d) above shall be on amotion to be decided on by secret ballot and supported at the end of debate by two-thirds majority of all the Pan-African Parliamentarians. In the case of removal under the ground stipulated in 8 (c), the motion shall, in addition, be supported by a medical report.
lO. A vacancy in the office of the President or Vice-President shall be filled at the sitting of the Pan-African Parliament immediately following its occurrence.
II. The quorum for a meeting of the Pan-African Parliament shall be constituted by a simple majority.
12. Each Pan-African Parliamentarian shall have one vote. Decisions shall be made by consensus or, failing which, by a two-thirds majority of'all the Member-present and voting. However, procedural matters, including the question of whether a matter is one of the procedures or not, shall be decided by a simple majority of those present and voting, unless otherwise stipulated in the Rules of Procedure. In the event of an equal number of votes, the person presiding shall have a casting vote.
13. The Pan-African Parliament may establish such Committees, as it deems fit, for the proper discharge of its functions and in accordance with its Rules of Procedure.
14. Until the Pan-African Parliament appoints its staff, the General Secretariat of the AU shall act as its Secretariat.
ARTICLE 13 - OATH OF OFFICE
At its first sitting, after the election and before proceeding with any other matter, the Pan- African Parliamentarians shall take an oath or make a solemn declaration which shall be set out as an Addendum to this Protocol.
ARTICLE 14 - SESSIONS
1. The inaugural session shall be presided over by the Chairperson of the AU or AEC until the election of the President of the Pan-African Parliament who shall thereafter preside.
2. The Pan-African Parliament shall meet in ordinary session at least twice a year, within a period to be determined in the Rules of Procedure. Each ordinary session may last up to one month.
3. Two-thirds of the Pan-African Parliamentarians, the Assembly or the Council, through the Chairperson ofthe AU, may, by written notification addressed to the President, request an Extraordinary
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Session. The r.equest shall provide a motivation for and details of the matters to be discussed at the proposed Extraordinary Session. The President shall convene such a session which shall discuss only the matters stipulated in the request. T~e session shall end upon "exhaustion· of the agenda.
4. The proceedings of the P -n-African Parliament shall be open to the public, unless otherwise directed by the Bureau.
ARTICle 15- BUDGET I. The annual budget of the Pan-African Parliament. shall constitute an integral part of the
. regular budget of the AU and AEC.
2. The budget sf.ill be drawn up by the Pan-Azican Parliament in accordance with the Financial Rules and Regulations of the KJand AEC and shall be approved by the Assembly ubtil such time as the Pan-African Parliament shall start to exercise legislative powers.
ARTICLE 16 - SEAT OF THEPAN-A;::IUCAN PARLIAMENT
The seat of the Pan-African Parliament shall be determined by the Assembly and shall be located in the territory o(the State Party to this Protocol. However, the Pan-African Parliament may convene in the territory of any Member State at the invitation of that Member State.
ARTICLE 17 - WORKING LANGUAGES
The working languages of the Pan-African Parliarrcnt may be, if possible, African languages, Arabic, English, French and Portuguese.
ARTICLE 18 ~ THE RELATIONSHIP BETWEEN THE PAN-AFRiCAN P ARLIAMtNr AND TIlE PARLIAMENTS OF REGIONAL ECONOMIC COMMUNITIES AND NATIONAL PARLIAMENTS OR OTHER DELIBERATIVE ORGANS
The Pan-African Parliament shall work in close co-operation with the Parliaments o.fthe Regional Economic Communities and the National Parliaments or other deliberative organs of Member States. To this effect, the Pan-African Parliament may, in accordance with its Rules of Procedure, convene annual consultative fora with the Parliaments of the Regional Economic Communities and the National Parliaments or other deliberative organs to discuss matters of common interest.
ARTICLE 19 - WITHDRAWAL
The Pan-African Parliamentarians from aMember State which withdraws from the Community shall automatically cease to be Pan-African Parliamentarians- .
ARTICLE 20 -INTERPRETATION
The Court of Justice shall be seized with all matters of interpretation emanating from, this Protocol. Pending its establishment, such matters shall be submitted to the Assembly which shall decide by a two- thirds majority. '
ARTICLE 21 - SIGNATURE AND RATIfiCATION
1. This Protocol shall be signed and ratified by the Member States in accordance with their respective Constitutional procedures.
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2. The instruments. of ratification or accession shall be deposited with the Secretary-General of . the AU.
ARTICLE 22 - ENTRY INTO FORCE
This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by a simp Ie majority of the Member States.
ARTICLE 23 - ACCESSION
1. Any Member State may notify the Secretary-General ofits il'ttention to accede to this Protocol. after its entry into force. The Secretary General shall, upon receipt of such notification, transmit copies thereofto all Member States.
2. For any Member state acceding to this Protocol, on the date of the deposit oH'ts instrument of accession Protocol shall come into force.
ARTICLE 24 - AMEND~T OF REVISION OF THE PROTOCOL
1. This Protocol may be amended or revised by the decision of a two-thirds majority of the Assembly.
2. Any Member State party to this Protocol or the Pan-African Parliament may propose; in writing to the Secretary-General, any amendment or revision of the Protocol. .
3. The Secretary-General shall notify the proposal to all Member States at least thirty (30) days before the meeting of the Assembly, which is to consider the proposal,
4. The Secretary-General shall request the opinion of the Pan-African Parliament on the proposal and shall transmit the opinion, if any, to the Assembly, which may adopt the proposal, taking into account the opinion of the Pan-African Parliament.
5. The amendment or revision shall enter into force thirty (30) days after the deposit of the instruments of ratification' with the Secretary-General by two-thirds of Member States.
ARTICLE 25 - REVIEW OF THE PROTOCOL
1. Five years after the entry into force of this Protocol, a Conference of the States Parties to this Protocol shalt be held to review the operation and effectiveness of this Protocol and the system of representation in the Pan-African Parliament, with a view to ensuring that the objectives and purposes of this Protocol, as well as vision underlying the Protocol, are""eing realized and that the Protocol meets with the evolving needs of the African Continent.
2. At intervals of ten years thereafter! further Review Conferences of States Parties to this Protocol may be convened with the same objective as stated in Paragraph 1 above. Such Conferences may be convened at an interval of less than tenyears, if so decided by the Pan-African Parliament ..
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I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decisionofthe Houses and is in accOrdance with the provisions of the Acts Authentication Act Cap-.A2,. the Laws of the "Federation of Nigeria, 2004.
IBRAHIM SALIM, CON Clerk to the National Assembly 24th DayofFebrutl1'j.2005.
EXPLANATORY MEMORANDUM
This Act seeks to accede to and to enable effect to be given in the Federal Repub~ ~Nigeria " to the Treaty establishing the African Economic Community Relating to the Pan-AfticaQ P~dialneid: Protocol.
....: t
(1) . (2) (3) 'I (4) (S)' Short Title of long TItle of SII1IUfUl1Y of the DoteP086ed Dale Passed
the Bill the Bill ConJenlS of the Bm by the Serrate by the House of' RepresePllDlives
1ieaty to Establish A1iican An Act to accede to and to enable effect to be This BiU EilCksto accede to and to enable effect 15th December, 9th March, 2004. ,Economic Community given in the Federal Rep~blic of Nigeria to the to be given in the Federal Republic of Nigeria to .2004: RdaIina 10 die Pan-A1iican Treaty establishing the African Economic Com- the Treaty establishing the African Economic ~ (Accessioo lIId munity relating to the Pan-Africim Parliament Community relating to the Pan-African Jurisdiction) Bill, 2004. Prolocol ; and for related purpose. Parliament Protocol.
i i
SCHEDULE TO TIlE 'l'REATY TO ESI'ABLISH AFRICAN ECONOMIC COMMUNITY RELATING TO THEPAN-~CAN PARLIAMENT (ACCESSION AND JURISDICTION) BILL, 2004.
I certifY that this Bill has been carefuily cOmpared by me with the decision reached by the National Assembly and found by me 10 be true and correct decision of the Houses and is in accordance with the provisions of the Acta Authentication Act Cap. A2, the Laws of the Federation of Nigeria, 2004.
IBRAHIM SALIM, CON \ Clerk to the NtltiOllllI Assembly t\ 24th Day 0/ Feb1'llllry. 200S.
IAssI!NT.
CHmFOwssouNOaAsANJo, OCFR PresUienl 0/ the Federal Republic qf Nigeria
28th Day 0/Feb11lQ1')'. 200S.