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Law No. 2007-09 February 15, 2007

Original Language Title: Loi n° 2007-09 du 15 février 2007

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LAW

Law No. 2007-09 of 15 February 2007

Act No. 2007-09 of 15 February 2007 authorizing the President of the Republic to ratify the African Union Convention on the Prevention and Control of Corruption, adopted on 11 July 2003 in Maputo.

[|LAYS OUT PATTERNS |]

In the context of globalization marked by technological development, corruption and criminal activities are in the process of becoming a global scourge with disastrous consequences for the economic, social and political rights of the People and the economies of the states.

With this observation and its exponential development, corruption appears to be one of the most serious problems of modern democracies against which an effective fight can only be considered on an international scale.

As a result, the African Union has found it necessary to implement a policy to protect society against corruption.

The Pan-African Organization, in the interests of socio-economic development and the requirements of transparency, good governance, equity and social justice, adopted the African Union Convention on 11 July 2003 in Maputo Prevention and Control of Corruption. The objective pursued by the African Union through this Convention concerns the constitution and harmonization of policies and legislation, the establishment of adequate mechanisms, the promotion and regulation of cooperation for Technical assistance and mutual legal assistance in order to eradicate this scourge permanently on the African continent.

Within the framework of the monitoring mechanisms, it was decided to establish an Advisory Committee on Corruption and assimilated offences within the African Union, made up of highly qualified personnel known for their integrity and integrity. Impartiality.

Elected for a two-year term, renewable once, the members of the Committee ensure the promotion of anti-corruption measures and public awareness of the negative effects of this scourge in Africa.

They must also carry out any other tasks relating to the fight against corruption and the assimilated offences which may be entrusted to them by the competent bodies of the African Union.

Open for signature, ratification or accession for the member States of the African Union, this Convention shall enter into force thirty days after the date of the deposit of the fifteenth instrument of ratification or accession.

Our country, which has contributed greatly to the development of this important Convention and which, moreover, has already set up a Commission to combat non-transparency, concussion and corruption, would benefit from being among the first African states to ratify.
This is the economy of this bill.

The National Assembly adopted, at its meeting on Friday, 2 February 2007;

The President of the Republic enacts the following legislation:

Sole Article. - The President of the Republic is authorized to ratify the African Union Convention on the Prevention and Control of Corruption, adopted on 11 July 2003 in Maputo.

This Law shall be enforced as the law of the State.

[/Done at Dakar, 15 February 2007.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Macky SALL ./]

[|CONVENTION OF THE AFRICAN UNION ON THE PREVENTION AND FIGHT AGAINST CORRUPTION |]

[|PREAMBLE |]

The member states of the African Union:
Whereas the Constitutive Act of the African Union recognizes that freedom, equality, justice, peace and dignity are essential objectives for the realization of the legitimate aspirations of the peoples of Africa;

Considering also Article 3 of the Constitution, which calls on the Member States to coordinate and intensify their cooperation, unity, cohesion and efforts in order to raise the standard of living of the African peoples;

Aware that the Constitutive Act of the African Union underlines, inter alia, the need to promote and protect human and human rights, to consolidate democratic institutions, to encourage the culture of democracy, Promote good governance and ensure respect for the state of
Right;

Conscious of the need to respect human dignity and to encourage the promotion of economic, social and political rights, in accordance with the provisions of the African Charter on Human and Peoples' Rights and other instructions Relevant to human rights;

Bearing in mind the 1990 Declaration on Fundamental Changes in the World and their implications for Africa, the 1994 Cairo Programme of Action for the Recovery of the Socio-Economic Transformation of Africa, and the Plan of action against impunity adopted in 1996 by the nineteenth regular session of the African Commission on Human and Peoples' Rights, and subsequently endorsed by the sixty-fourth regular session of the Council of Ministers 1996 in Yaoundé, Cameroon, which emphasizes, inter alia, the need to respect the principles of Good governance, the rule of law, human rights, democratization and the effective participation of African people in the process of good governance;

Concerned about the negative effects of corruption and impunity on the political, economic, social and cultural stability of African countries and its negative impact on the economic and social development of African peoples;

Recognizing that corruption undermines compliance with the accountability and principle of public affairs, as well as the socio-economic development of the
Continent;

Conscious of the need to address the root causes of corruption on the continent;

Convinced of the need to implement, as a matter of priority, a common criminal policy to protect society against corruption, including the adoption of appropriate legislative measures and appropriate preventive measures;

Determinate to establish partnerships between
Governments and all segments of civil society, in particular women, young people, the media and the private sector, to combat the scourge of corruption;

Recalling decision AHG/Dec. 126 (XXXIV) adopted by the thirty-fourth ordinary session of the Conference of Heads of State and Government held in June 1998 in Ouagadougou, Burkina Faso, requesting the Secretary-General of OAU to convene, in collaboration with the Commission African Human Rights and Peoples' Rights, a high-level meeting of experts to reflect on ways and means

To remove obstacles to the enjoyment of economic, social and cultural rights, including the fight against corruption and impunity, and to propose appropriate legislative and other measures to that end;

Recalling further the decision of the 37th Ordinary Session of the Conference of Heads of State and Government of the OAU, held in July 2001 in Lusaka, Zambia, and the declaration adopted by the first session of the Conference of the Union Africa, held in July 2002 in Durban, South Africa, on the implementation of the New Partnership for Africa's Development (NEPAD), which calls for the establishment of a coordinated mechanism to effectively combat corruption;

Have agreed as follows:

Article 1. - Definitions.

For the purposes of this Convention:

" Chairman of the Commission, Chairman of the Commission of the African Union;

" Confiscation ", any sanction or express giving rise to a definitive deprivation of property, gains or products ordered by a court at the end of a trial for one or more criminal offences relating to corruption;

" Corruption ", acts or practices, including
Assimilated offences prohibited by this Convention;

" Court of Justice ", a court duly established by a national law;

" Executive Council, the Executive Council of the African Union;

" Unlawful enrichment ", the substantial increase in the property of a public official or of any other person that he or she cannot justify in relation to his or her income.
" Private sector ", the sector of a national economy under private ownership and in which the allocation of factors of production is controlled by market forces rather than by public authorities, and any other sector of a national economy that Does not fall within the government or public sector;

" Proceeds of corruption ", physical and non-physical assets, movable or immovable, tangible or intangible, and any legal documents or instruments proving that they have securities for their property or interest in the same property, acquired in the future An act of corruption;

" Public official ", any official or employee of the State or its institutions, including those who have been selected, appointed or elected to undertake activities or perform functions in the name or service of the State, at any level of its Hierarchy;

" State Party required ", a State Party to which a request for extradition or mutual legal assistance is made, under this Convention;

" Applicant State Party ", a State Party submitting a request for extradition or mutual legal assistance under this Convention;

" State Party ", a member of the African Union having ratified or acceded to this Convention, and having deposited its instruments of ratification or accession with the Chairman of the Commission of the African Union;

2. In this Convention, the singular shall include the plural and vice versa.

Article 2. - Objectives.

The objectives of this Convention are to:
1. Promote and strengthen the establishment in Africa, by each State Party, of the mechanisms necessary to prevent, detect, suppress and eradicate corruption and assimilated offences in the public and private sectors;

2. Promote, facilitate and regulate cooperation between States Parties with a view to ensuring the effectiveness of measures and actions to prevent, detect, suppress and eradicate corruption and assimilated offences in Africa;

3. To coordinate and harmonise policies and legislation between States Parties for the prevention, detection, suppression and eradication of corruption on the continent;

4. Promote socio-economic development through the elimination of obstacles to the enjoyment of the emotional, social, cultural, civil and political rights;
5. Create the necessary conditions to promote transparency and accountability in public affairs management.

Article 3. - Principles.

The States Parties to this Convention

Undertake to adhere to the following principles:
Respect for democratic principles and institutions, popular participation, the rule of law and good governance;

2. Respect for human and human rights, in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments;

3. Transparency and accountability in governance;

4. The promotion of social justice to ensure balanced socio-economic development;

5. Condemnation and rejection of acts of corruption, assimilated offences and impunity.

Article 4. - Scope.

1. This Convention shall apply to the following acts of corruption and related offences:

(a) the solicitation or acceptance, directly or indirectly, by a public official or by any other person, of any property having a monetary value, or of any other benefit, such as a gift, favour, promise or profit for itself Or for another person or entity, in exchange for the performance or omission of an act in the performance of his or her duties;

(b) the offer or grant to a public official or to any other person, directly or indirectly, of any property having a monetary value, or any other benefit, such as a gift, favour, promise or profit for himself or another A person or entity in exchange for the performance or omission of an act in the performance of his or her duties;

(c) the performance or omission by a public official or any other person of an act in the performance of his or her duties, for the purpose of obtaining unlawful benefits for himself or a third party;

(d) the diversion by a public official or any other person of property belonging to the State or its dismemberment that it has received in the course of its functions, for purposes unrelated to those to which they are intended, to its own Benefit, to an institution or to that of a third party;

(e) the offer or gift, promise, solicitation or acceptance, directly or indirectly, of any non-justified benefit granted to a person or proposed by a person occupying a position of responsibility or any other position in an entity The private sector, on its own account or that of another person, in exchange for the performance or omission of an act, contrary to the requirements of its functions;

(f) the offer, donation, solicitation or acceptance, directly or indirectly, or the promise of an unwarranted benefit to a person or person affirming or confirming that the person is in a position to influence the decision irregularly A person performing duties in the public or private sector in exchange for that benefit, whether intended for himself or another person, as well as the request, receipt or acceptance of the offer or promise of a Such an advantage, in exchange for such an influence, whether or not it has actually been Whether or not it was decisive in achieving the desired result;

(g) illicit enrichment;

(h) the use or concealable of the good of any of the acts referred to in this article;

(i) the participation as an author, co-author, intermediary, instigator, accomplice before or after, in any way, to the commission or the commission attempt, or to any manoeuvring or conspiracy to commit Any act referred to in this section.

2. This Convention shall also apply, subject to mutual agreement to that effect, between two or more States Parties to this Agreement, for any other act or practice of corruption and assimilated offences not described in this Agreement Convention.

Article 5. - Legislative and other measures.

For the purposes of the application of the provisions of Article 2 of this Convention, the States Parties
Commit to:

Adopt the legislative measures and other measures required to define as criminal offences the acts referred to in article 4, paragraph 1, of this Convention;

2. Strengthen national control measures to ensure that the establishment and activities of foreign companies in the territory of a State Party are subject to compliance with the national legislation in force;

3. Set up, make operational and strengthen independent national authorities or agencies responsible for combating corruption;

4. Adopt legislative and other measures to set up, make operational and strengthen internal accounting, auditing and monitoring systems, in particular with regard to public revenue, customs revenue Tax, expenditure and procedures for the rental, purchase and management of public goods and services;

5. Adopt legislative and other measures to protect informants and witnesses in cases of corruption and assimilated offences, including their identity;

6. Adopt measures to ensure that citizens report cases of corruption, without fear of reprisals;

7. Adopt national legislative measures to suppress the perpetrators of false testimonies and slanderous denunciations against innocent people in corruption trials and assimilated offences;

8. Establish and strengthen mechanisms to promote public education and public awareness and awareness of the fight against corruption and assimilated offences, including programmes
Education and media awareness, and the creation of an environment conducive to ethical conduct.

Article 6. - Laundering of proceeds of corruption.

States Parties shall adopt such legislative measures and other measures as they deem necessary to establish as criminal offences:

(a) Conversion, transfer or transfer of ownership knowing that this property is the product of acts of corruption or of assimilated offences in order to conceal or disguise the unlawful origin of the property or to assist any person Involved in the commission of the offence to escape the legal consequences of its action;

B) The concealment or disguise of the real
Nature, source, situation, disposition, movement
Property or rights in respect of the property which is the product of acts of corruption or of offences
Assimilated;

(c) The acquisition, possession or use of the property by knowing, at the time of receipt, that the property is the result of acts of corruption or assimilated offences.

Article 7. - Fight against corruption

And similar offences in the public service.
In order to combat corruption and offences assimilated in the civil service, the States Parties undertake to:

1. Require that all public officials or persons designated by law declare their property when taking office, as well as during and at the end of their term of office;

2. Set up an internal committee or similar body to draw up a code of conduct and ensure the implementation of this code, and raise awareness and train public officials in respect of ethics within the function Public;

3. Adopt disciplinary measures and investigative procedures in cases of corruption and assimilated offences in order to keep pace with technological developments and improve the effectiveness of the investigating officers;

4. Ensure transparency, fairness and efficiency in the management of tendering and recruitment procedures in the Public Service;

5. Subject to the provisions of national law, any immunity granted to public officials does not constitute an obstacle to the initiation of an investigation into allegations and a trial against such agents.

Article 8. - Illegal enrichment.

1. Subject to the provisions of their laws
States Parties undertake to adopt the necessary measures to define illicit enrichment as an offence under their national laws;

2. For States Parties which have defined illicit enrichment as an offence under their national laws, such an offence shall be regarded as an act of corruption and assimilated offences for the purposes of the provisions of this Convention.

3. Any State Party which has not defined illicit enrichment as an offence, shall, if its laws so permit, provide the necessary assistance and cooperation to the requesting State in respect of that offence, as provided for in the present Convention.

Article 9. - Access to information.

Each State Party shall adopt legislative and other measures to give effect to the rights of access to any information required to assist in the fight against corruption and assimilated offences.

Article 10. - Financing of political parties.

Each State Party shall adopt legislative and other measures to:

(a) prohibit the use of funds acquired through illegal practices and corruption to finance political parties; and

(b) incorporate the principle of transparency in the financing of political parties.

Article 11. - Private sector.

The States Parties undertake to:

1. Adopt legislative and other measures to prevent and combat acts of corruption and assimilated offences committed in the private sector and by agents in the private sector;

2. Put in place mechanisms to encourage the participation of the private sector in the fight against unfair competition, and to ensure compliance with the market and property rights procedure;
3. Adopt any other measures deemed necessary to prevent companies from paying bribes as a counterparty to the award of contracts.

Article 12. - Civil Society and Media.

The States Parties undertake to:

1. Be fully involved in the fight against corruption and assimilated offences and in the extension of this Convention with the full participation of the media and civil society in general;

2. Create a favourable environment for civil society and the media to encourage governments to demonstrate maximum transparency and accountability in the management of public affairs;

3. Ensure the participation of civil society in the monitoring process and consult civil society in the implementation of this Convention;

4. Ensure that the media have access to information in cases of corruption and assimilated offences provided that the dissemination of this information does not adversely affect the investigation or the right to a fair trial.

Article 13. - Jurisdiction.

1. Each State Party shall have jurisdiction to deal with acts of corruption and related offences where:
(a) the offence is committed in whole or in part in its territory;

(b) the offence is committed by one of its nationals abroad or by a person resident in its territory;

(c) the alleged offender is in its territory and is not extradited to another country;

(d) the offence, although committed outside its jurisdiction, affects, from the point of view of the State Party, its vital interests, or where the harmful and harmful consequences or effects of such offences have an impact on that State Party.

(2) This Convention shall not preclude the commencement of judicial proceedings by a State Party under its national laws.

3. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, no one shall be prosecuted twice for the same offence.

Article 14. - Minimum guarantees for a fair trial.

Subject to national law, any person accused of committing an act of corruption and assimilated offences is entitled to a fair trial, in accordance with the minimum guarantees contained in the African Charter on Human Rights And in any other relevant international instrument on human rights recognized by the States Parties concerned.

Article 15. - Extradition.

(1) This Article applies to offences defined by States Parties under this Article
Convention.

2. Offences under the jurisdiction of this Convention shall be deemed to be defined in the national laws of the States Parties as extraditable offences. States Parties shall add such offences to the list of extraditable offences referred to in the extradition treaties concluded between them.

(3) Where a State party making extradition conditional on the existence of an extradition treaty is seized of a
Requests for extradition from a State Party with which it has not signed such a treaty, it considers this Convention to be the legal basis for all the offences referred to in this Convention.

4. The State Party shall not make extradition conditional on the existence of an extradition treaty, acknowledges the offences for which this Convention is applicable as extraditable offences between the States Parties.

5. Each State Party undertakes to extradite any person charged or convicted of an act of corruption of assimilated offences committed in the territory of another State Party and whose extradition is requested by that State Party, in accordance with Its national legislation or under any applicable extradition treaty or extradition agreement or arrangement concluded between the States Parties.

6. In the event that a State Party on the territory of which a person is charged or convicted of an act of corruption or of assimilated offences refuses to extradite him, on the pretext that he himself is competent to recognise that Offence, the requested State is obliged to submit the case, without delay, to its competent authorities for the prosecution of the alleged offender, unless otherwise agreed with the requesting State, and must report the judgment to the State Applicant.

7. Subject to the provisions of its national law and the extradition treaties of which it is a party, the requested State may, after ensuring that the circumstances permit and that there is an urgency, and at the request of the requesting State, hold A person whose extradition is sought and who is in his or her territory, or may take other appropriate measures to ensure that the person is in fact present at the trial for which extradition is required.

Article 16. - Confiscation and seizure of proceeds and means of corruption.

Each State Party shall adopt the necessary legislative measures to:

(a) the search, identification, retrieval, management and freezing or seizure, by its competent authorities, of the means and products of corruption, pending the final judgment;

(b) the confiscation of the goods or property of a value corresponding to that of those goods, derived from the offences defined in this Convention;

(c) the repatriation of proceeds of corruption.

2. The requested State, in so far as its legislation so permits and at the request of the requesting State, seizes and makes available any object:

(a) may serve as a piece of evidence for the offence in question;

(b) acquired as a result of the offence for which extradition is sought and who is in possession of the accused, at the time of arrest, or is subsequently discovered.

(3) The objects referred to in paragraph 2 of this article may, at the request of the requesting State, be surrendered to that State, even if the extradition is refused or can no longer be done on account of the death, disappearance or evasion of the person sought.

4. Where the object is liable to seizure or confiscation in the territory of the requested State Party, the latter may, in connection with pending cases or pending proceedings, temporarily retain or remit that object to the requesting State Party, to Condition that the said object be returned to the requested State Party.

Article 17. - Banking secrecy.

(1) Each State Party shall adopt such measures as it deems necessary to provide its courts or other competent authorities with the power to order the
Confiscation or seizure of bank, financial and commercial documents for the purpose of implementing the provisions of this Convention.

2. The requesting State Party shall not use any information received, which is protected by bank secrecy, for purposes other than the needs of the trial for which such information has been requested, except with the consent of the requested State Party.

3. The States Parties shall not invoke bank secrecy in order to justify their refusal to cooperate in cases of corruption and offences assimilated under this Convention.

4. The States Parties undertake to conclude bilateral agreements to lift the banking secrecy on accounts fed by doubtful sources, and to recognise the right of the competent authorities to obtain from the banks and Financial institutions, under judicial cover, the evidence in their possession.

Article 18. - Cooperation and mutual legal assistance in criminal matters.

1. In accordance with their national laws and the relevant treaties, the States Parties shall provide each other with the utmost cooperation and possible technical assistance in the prompt examination of the requests of the authorities Invested, under their national laws, powers to prevent, detect, investigate and punish acts of corruption and assimilated offences.

2. Where two or more States Parties establish, in matters of mutual legal assistance, relations on the basis of uniform legislation or a particular regime, they shall have the right to regulate such mutual relations, without prejudice to Provisions of this
Convention.

States Parties shall cooperate among themselves in the conduct of studies and research on the fight against corruption, and in the exchange of the results of such studies and research, as well as in the exchange of expertise in the field of Prevention and control of corruption and assimilated offences.

4. States Parties, where possible, shall cooperate with each other to provide each other with any form of technical assistance in the preparation of programmes and codes of conduct, or to jointly oganise, where appropriate, for the purpose of Staff, training courses for one or more states in the field of combating corruption and assimilated offences.

5. The provisions of this Article shall not affect the obligations arising from any bilateral or multilateral agreement governing, in whole or in part, mutual legal assistance in criminal matters.

6. Nothing in this Article shall have the effect of preventing States Parties from agreeing on more favourable forms of mutual legal assistance provided for in their respective national legal provisions.

Article 19. - International cooperation.

In the spirit of international cooperation, the States Parties undertake to:

1. Collaborate with the countries of origin of multinationals to define as criminal offences and to repress the practice of covert commissions and other forms of corruption in international business transactions;

2. Promote regional, continental and international cooperation in the prevention of practices
Corruption in international business transactions;

3. Encourage all countries to take legislative measures to prevent public officials from enjoying the ill-gotten gains, blocking their accounts abroad and facilitating the repatriation of stolen or acquired funds, illegal in the Country of origin;

4. Work closely with international, regional and sub-regional financial institutions to ban corruption in development aid and cooperation programmes by defining strict eligibility rules based on Respect for good governance, within the overall framework of development policy;

5. Cooperate, in accordance with the provisions of international legal instruments governing international cooperation in criminal matters, in the conduct of investigations and prosecutions of criminal offences under the jurisdiction of This Convention.

Article 20. - National Authorities

For the purposes of cooperation and mutual legal assistance, in accordance with the provisions of this Convention, each State Party shall communicate to the President of the Commission, at the time of signature of this Convention or the deposit of instruments of Ratification, the competent national authority or agency to deal with requests for offences defined in Article 4 (1) of this Convention.

2. The national authorities or agencies shall be responsible for preparing and receiving requests for assistance and cooperation referred to in this Convention.
3. The national authorities or agencies shall communicate directly with each other for the purposes of this
Convention.

4. National authorities or agencies shall enjoy the independence and autonomy necessary to carry out their functions effectively.

5. The States Parties undertake to adopt the measures necessary to ensure that the national authorities or agencies are specialised in the fight against corruption and assimilated offences by ensuring, inter alia, that their personnel are Trained and motivated to carry out their duties effectively.

Article 21. - Relations with other agreements.

Subject to the provisions of paragraph 2 of Article 4, this Convention, in relation to the States Parties to which they apply, takes precedence over the provisions of any bilateral treaty or agreement on corruption and offences Assimilated, concluded between two or more States Parties.

Article 22. - Follow-up mechanism.

1. An Advisory Committee on Corruption and Offences in the African Union is hereby established.
The Committee shall be composed of eleven members elected by the Executive Board, from a list of experts known for their great integration, impartiality
And their high competence in matters relating to the prevention and combating of corruption and assimilated offences, and proposed by the States Parties. For the election of the members of the Committee, the Executive Council shall ensure respect for the adequate representation of women and equitable geographical representation.

3. The members of the Committee shall serve on a national basis.

4. The terms of reference of the members of the Committee shall be two years, renewable once.

5. The functions of the Committee are to:

(a) to promote and encourage the adoption and implementation of anti-corruption measures on the continent;

(b) to collect documents and information on the nature and extent of corruption and assimilated offences in Africa;

(c) develop methods to analyse the nature and extent of corruption in Africa and disseminate information, and raise public awareness of
The negative effects of corruption and assimilated offences;

(d) advise Governments on how to combat the scourge of corruption and assimilated offences at the national level;

(e) gather information and conduct analyses of the conduct and questionable practices of multinational companies operating in Africa, and disseminate such information to the national authorities referred to in article 18, paragraph 1, of the Present Convention;

(f) Develop and promote the adoption of harmonized codes of conduct for the use of public officials;

(g) to establish partnerships with the African Commission on Human and Peoples' Rights, African civil society, governmental and non-governmental organizations, in order to facilitate dialogue on the fight against corruption and Assimilated offences;

(h) report regularly to the Executive Board
On the progress made by each State Party
In applying the provisions of this
Convention;

(i) to carry out any other tasks relating to the fight against corruption and related offences
May entrust it to the legislative organs of the African Union.

The Committee shall adopt its own rules of procedure.
The States Parties shall inform the Committee, one year after the entry into force of this Convention, of the progress made in its implementation. After that, each State Party, through its relevant procedures, shall ensure that the national authority or agency responsible for the fight against corruption shall report to the Committee on an annual basis before the ordinary sessions of the legislative organs of the AU.

[|FINAL PROVISIONS |]

Article 23. - Signature, ratification, entry into force.

(1) This Convention shall be open for signature, ratification or accession by member States of the African Union.

2. This Convention shall enter into force thirty days after the date of the deposit of the fifteenth instrument of ratification or accession.

For each State Party which ratifies or accedes to this Convention after the date of the deposit of the fifteenth instrument of ratification, the Convention shall enter into force thirty days after the date of deposit, by that State Party of its instrument of Ratification or accession.

Article 24. - Reservations.

1. Any State Party may, at the time of adoption, signature, ratification or accession, issue reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not Incompatible with the object and purposes of this Convention.

2. Any State Party that has issued a reservation may withdraw it as soon as circumstances permit. Withdrawal shall be made by notification addressed to the President of the Commission.

Article 25. - Amendment.

(1) This Convention may be amended at the request of a State Party which addresses in writing to that effect a request to the President of the Commission.

2. The President of the Commission shall communicate the proposed amendment to all States Parties which shall examine it within six months of the date of communication of the proposal.

3. The amendment comes into force after approval by a two-thirds majority of the member states of the African Union.

Article 26. - Denunciation.

1. Any State Party may denounce this Convention by notifying the President of the Commission in writing. Such denunciation shall take effect six months after the date of receipt of the notification by the President of the Commission.

2. After the denunciation, cooperation shall continue between the States Parties and the State Party which has withdrawn, on all requests for mutual legal assistance or
Be made before the effective date of the withdrawal.

Article 27. - Depositary.

The President of the Commission shall be the depositary of this Convention and its amendments.
2. The President of the Commission shall inform all States Parties of the state of signature, ratification and accession, as well as of the entry into force, of the requests for amendments introduced by the States, of the approval of the proposed amendments, And denunciations.
On the entry into force of this Convention, the President of the Commission shall register it with the Secretary-General of the United Nations, in accordance with Article 102 of the Charter of the United Nations.

Article 28. - Authentic texts.

This Convention established in four originals in Arabic, English, French and Portuguese, the four texts being equally authentic, shall be deposited with the President of the Commission.

In witness whereof we, the Heads of State and Government of the African Union, or our duly authorized representatives, have adopted this Convention.

Done at Maputo, this 11th day of July, 2003.