CONSTITUTION
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CHARTER OF THE AFRICAN PARLIAMENTARY UNION
WE, Speakers and Representatives of African Parliaments meeting in Luanda on 18 September 1999,
RECALLING our decision to set up the Union of African Parliaments taken at our meeting in Abidjan from 11th to 13th February, 1976,
COMMITTED to the spirit, principles and objectives of the Charters of the United Nations and the Organisation of African Unity;
DESIROUS of seeing all African Parliaments unite to ensure liberty, equality, justice, dignity, prosperity and social progress to African peoples;
CONSIDERING the common objectives pursued by African Parliaments;
GUIDED by a common will to develop relations of co-operation and friendship among African Parliaments;
CONSCIOUS of the necessity to develop the parliamentary institution in Africa and enhance its prestige;
CONVINCED of the importance of parliamentary diplomacy in fostering democracy, peace and development in Africa;
RESOLVED to strengthen the ties and maintain permanent exchanges among African Parliamentarians by the setting up of a common organisation;
DETERMINED to give effect to the Abidjan Declaration of 27th January 1975;
REAFFIRM the existence of an inter-parliamentary continental organisation, hitherto called the "Union of African Parliaments" (UAP), which shall now be called the "African Parliamentary Union" (A.P.U), whose objectives shall be the following :
- to bring together the parliamentary institutions of all African States;
- to strive for the systematic establishment of an authentic law-based African community founded on the political, economic, social and cultural realities of the continent;
- to encourage contacts among African Parliamentarians, on the one hand, and between African Parliamentarians and Parliamentarians of other continents, on the other hand;
- to the strengthening of the role and prestige of the parliamentary institution in Africa, by drawing inspiration from fundamental African and universal human values;
- to the effective realisation of the ideals of liberty, peace and justice as well as to the promotion of human rights;
- to deepening the concept of democracy and to its effective functioning;
- to the realisation of the objectives of the Organisation of African Unity for the establishment of a lasting peace through dialogue within the framework of the inter-African co-operation and the promotion of the policies of good neighbourliness, peaceful co-existence and African unity.
DO hereby adopt the following constitution to regulate its activities :
CONSTITUTION OF THE AFRICAN PARLIAMENTARY UNION
PART I : ESTABLISHMENT AND HEADQUARTERS
ARTICLE 1 :
The inter-parliamentary continental organisation, established and known as the "Union of African Parliaments" (UAP), shall hereafter be called the "African Parliamentary Union" (APU) (herein "the Union")
ARTICLE 2 :
The headquarters of the Union shall be in Abidjan, Republic of Côte d'Ivoire. It may be transferred to the capital of any other African country, whose parliament is a member of the Union, by decision of the Conference.
ARTICLE 3 :
The national Parliament of any African state may apply for membership of the Union.
An application for membership shall be in writing and shall include the undertaking to comply fully with the provisions governing the Union.
The application for membership must be accompanied by the following : a copy of the Constitution, the national law on the representation of the people and the Standing Orders of the Parliament.
PART II : MEMBERSHIP OF THE UNION
ARTICLE 4 :
Each Parliament shall constitute a National Group.
ARTICLE 5 :
A National Group shall :
- contribute to having the Union and its objectives known ;
- submit the resolutions and decisions of the Union to its own parliament, according to the most appropriate procedure, and communicate them to the Executive arm of its own government ;
- ensure the implementation of the resolutions of the Union and inform the Secretariat, at least once a year, of the measures taken and the results obtained ;
- pay to the Union an obligatory annual contribution in accordance with a scale drawn up by the Executive Committee ;
- take all necessary measures with a view to participating in the work of the Union, and maintain regular contacts with the Secretariat to which it shall submit each year a report an its activities and a list of its members.
ARTICLE 6 :
The National Group shall be composed only of Members of Parliament. However, former Members of Parliament or other African personalities who have rendered outstanding services to the Union or to Africa may be admitted as honorary members on the proposal of a National Group. Admission shall be decided by the Conference on the recommendation of the Executive Committee.
PART III : ORGANS OF THE UNION
ARTICLE 7 :
The organs of the Union shall be :
- the Conference of Speakers of National Parliaments ;
- the Executive Committee ;
- and the General Secretariat.
SECTION 1 : THE CONFERENCE OF SPEAKERS
ARTICLE 8 :
The Conference of Speakers of National Parliaments shall be the highest organ of the Union (herein "the Conference").
It shall be composed of Speakers of National Parliaments or their representatives (herein "the Speakers").
The Speakers shall be accompanied by Members of Parliament who attend the Conference as delegates.
The number of delegates to the Conference shall be limited in the case of National Groups of countries with a population of :
- less than five (5) million, to three (3) delegates ;
- between five (5) and twenty (20) million, to seven (7) delegates ;
- between twenty (20) and fifty (50) million, to nine (9) delegates ;
- over fifty (50) million, to fifteen (15) delegates.
Every delegation of a national group to the session of the African Parliamentary Union should include at least one woman.
All Women Parliamentarians delegated to the Conference shall form “The Committee of Women Parliamentarians of the African Parliamentary Union”. This Committee shall meet on the eve of each Conference.”
ARTICLE 9 :
Countries having submitted applications for membership may be accorded observer status pending a ruling on their applications.
Non-member African countries provided or not with parliamentary institutions, as well as regional, inter-regional and international organisations, may, upon a written application, be admitted as observers.
The observer status shall be accorded by the Executive Committee on the report of the Secretary General.
ARTICLE 10 :
The Conference shall be responsible for the general policy of the Union and for all its activities as defined by this Constitution.
It shall deliberate on topical issues concerning the Union, Africa and the World, make declarations and pass resolutions, votes and recommendations which it may address to the Governments and organisations concerned.
It shall decide on specific missions within the framework of the Union and shall adopt their reports.
It shall set up standing or temporary study committees.
It shall elect the members of the Executive Committee for a two-year term.
It shall discuss and approve the report of activities of the Executive Committee.
It shall adopt any modification or amendment to the Constitution.
It shall decide the admission and re-admission of National Groups on the recommendation of the Executive Committee.
It shall appoint the Secretary-General on the recommendation of the Executive Committee.
It shall give a decision on the acceptance of donations, legacies and of the contributions, on the recommendation of the Executive Committee.
ARTICLE 11 :
The Conference shall be opened by the Speaker of the National Parliament of the host country.
The Conference shall elect one (1) President and ten (10) Vice-Presidents for the duration of the Conference.
The Vice-Presidents shall be elected according to an equitable regional distribution.
ARTICLE 12 :
The Conference shall meet once a year in ordinary session.
However, it may be convened in extraordinary session :
- at the request of the Executive Committee
- at the request of 2/3s of National Groups.
ARTICLE 13 :
The structures and functioning of the Conference shall be set out in the Rules.
SECTION 2 : THE EXECUTIVE COMMITTEE
ARTICLE 14 :
The Executive Committee of the Union is composed of three (3) members per National Group including at least one woman.
The Executive Committee shall elect its Bureau which shall be composed of a Chairperson, a Deputy-Chairperson and a Rapporteur.
The Chairperson of the Executive Committee must be a Speaker of a national Parliament.
The members of the Bureau shall be elected for two years on a rotating basis which takes account of equitable regional distribution.
The Secretary-General shall attend the meetings of the Executive Committee.
ARTICLE 15 :
The Executive Committee shall meet twice a year in ordinary session upon the invitation of its Chairperson. One of the two sessions shall take place immediately prior to the Conference.
The Executive Committee may meet in extraordinary session if 2/3s of National Groups so request.
ARTICLE 16 :
The functions of the Executive Committee shall be :
- to determine and direct the activities of the Union and oversee their implementation in conformity with the decisions and recommendations of the Conference ;
- to fix the date and venue of the Conference
- to draw up the draft agenda for the Conference, taking account of the proposals of National Groups ;
- to convene the Conference in ordinary session ;
- to recommend to the Conference the admission and re-admission of National Groups ;
- to oversee the administration of the General Secretariat and its activities related to the implementation of the decisions taken by the Conference ;
- to approve the audited management account of the Union for the previous year or the period elapsed since the presentation of the last audited management account ;
- to approve annually the work programme, the schedule of contributions and the budget of the Union ;
- to present to each ordinary session of the Conference a report on its activities ;
- to draw up the scale of salaries and allowances of the Secretary-General and the staff of the Secretariat ;
- to appoint two Auditors annually from its members to audit the accounts of the previous financial year ;
- to assess, at least every two years, on the basis of an evaluation report by the Secretariat, the impact of the resolutions and recommendations passed by the Union on member countries and on the international community ;
- to ensure a regional balance within the permanent or temporary organs of the Union;
- to discuss any other questions submitted by the National Groups as regards the life and working of the Union ;
- to achieve rapprochement, consultation and co-operation with other international organisations in compliance with the principles and objectives of the Union ;
- to recommend to the Conference the appointment of the Secretary-General;
- to take the necessary measures for replacing the Secretary-General in case of absence or disability ;
- to recommend the acceptance of donations and legacies ;
- to approve the Financial Regulations ;
- to recommend the Union's Staff Regulations ;
- to request the convening of the Conference in extraordinary session, in accordance with Article 11 ;
- to submit to the Conference, for approval, proposed amendments to the Constitution and the Rules
ARTICLE 17 :
The structures and functioning of the Executive Committee shall be set out in the Rules.
SECTION 3 : THE GENERAL SECRETARIAT
ARTICLE 18 :
The General Secretariat shall be the administrative link between the National Groups and the Union, and between the Union and international organisations.
It shall be run by a Secretary-General.
The functions of the Secretary-General shall be :
- to ensure the smooth administrative functioning of the Union;
- to prepare the draft budget of the Union to be submitted to the Executive Committee ;
- to implement the budget of the Union ;
- to prepare the issues to be submitted to the Executive Committee and the Conference and distribute the relevant documents in good time ;
- to see to the implementation of the decisions of the Executive Committee and the Conference and take all measures to that effect;
- to make statements on behalf of the Union concerning its activities ;
- to present to the Conference a report on the activities of the Union
- to maintain the archives of the Union and set up a rational documentation policy;
- to support and stimulate the activities of National Groups ;
- to mobilise financial and human resources in order to develop the activities and achieve the objectives of the Union ;
- to encourage the affiliation of new members.
ARTICLE 19 :
The Secretary-General shall be appointed by the Conference on the recommendation of the Executive Committee for a four-year term.
He or she may be re-appointed only once.
The Secretary-General shall be responsible to the Executive Committee.
ARTICLE 20 :
Members of the General Secretariat shall be international civil servants. They shall be governed by a specific Statute approved by the Conference on the recommendation of the Executive Committee.
PART IV : FINANCES OF THE UNION
ARTICLE 21 :
The resources of the Union shall derive from :
- annual contributions of National Groups ;
- voluntary contributions of National Groups ;
- contributions of other international organisations or institutions within the framework of the implementation of programmes worked out in partnership with the Union.
The scale of contributions of National Groups and the conditions of budget execution shall be established in accordance with the provisions of article 15 of this Constitution and the Financial Regulations.
ARTICLE 22 :
The Secretary-General shall be responsible to the Executive Committee for the financial administration.
ARTICLE 23 :
The Secretary-General shall recommend draft financial regulations to the Executive Committee.
ARTICLE 24 :
A National Group which fails to pay its annual contribution for two financial years shall have its rights suspended.
Upon the report of the Secretary-General, the Executive Committee shall vote the suspension by a simple majority of its members after having exhausted all the other means of action with the National Group concerned which shall, however, remain a member of the Union.
The Executive Committee shall restore the rights of the National Group once the outstanding contributions are paid.
PART V : GENERAL PROVISIONS
ARTICLE 25 :
This Constitution may be amended upon written proposals by any National Group submitted to the Executive Committee which shall approve them by a two-thirds majority of the members present.
Such written proposals for amendment must reach the General Secretariat at least six months before the holding of the Conference and circulated to National Groups at least three months before the holding of the Conference.
After approval by the Executive Committee, the proposed amendments must be adopted by the Conference by a two-thirds majority of the members present to be binding and effective.
ARTICLE 26 :
The Rules submitted by the Executive Committee to the Conference for approval shall determine the modes of enforcement of this Constitution.
ARTICLE 27 :
The 1976 Constitution of the UAP is hereby repealed. Notwithstanding the repeal, all actions and decisions taken under the 1976 Constitution remain valid and binding.
ARTICLE 28 :
The Statutes enter into force on the day of their adoption by the Conference of the APU.
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