The African Union: Legal and Institutional Framework

A Manual on the Pan-African Organization

This work is an introduction to the origins, law and institutions of the African Union (AU). It examines the evolution, structures, legal standards and operational activities of this Pan-African organization, which replaced the Organization of African Unity (OAU) 10 years ago.
Although the AU came into being in 2001, so far there is no comprehensive work which addresses the institution, its organs and structures, the scope of its operations, its legal framework and the normative standards underpinning its objectives and functions or those underlying the conventions, charters and protocols it has enacted or inherited from its predecessor, the OAU. It is the aim of this work to fill that void. It has been conceived as a manual, and not as a scholarly treatise, so as to serve as a basic introduction to the institutional and legal framework of the AU and its affiliated organizations. It is meant to offer a concise and clear picture of the nature and workings of a continental institution aimed not only at promoting peace and unity in Africa but also at ensuring human security, development, human rights protection and good governance for the peoples of Africa.

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Abdulqawi A. Yusuf is a Judge at the International Court of Justice, The Netherlands. He holds a Ph.D. in international law, IUHEI, Geneva, and is a member of the Institut de Droit International. He is a former Legal Adviser to various intergovernmental organizations, including UNESCO and UNIDO, the founder and General Editor of the African Yearbook of International Law, and author of numerous publications on international legal matters.

Fatsah Ouguergouz is a Judge at the African Court of Human and Peoples' Rights (Arusha, Tanzania) and was United Nations Independent Expert on the Situation of Human Rights in Burundi. He hold a Ph.D. from the IUHEI in Geneva. He is a founding member and former Executive Director of the African Foundation for International Law (The Hague), as well as Associate Editor of the African Yearbook of International Law. He occupied various positions within the United Nations System, including at the International Court of Justice (The Hague) and is the author of numerous publications on international legal issues.
Editors and Contributing Authors

PREFACE, Jean Ping, Chairperson of the African Union Commission

INTRODUCTION, Abdulqawi A. Yusuf & Fatsah Ouguergouz

I. From the Pan-Africanist Movement to the African Union
1. Brief Historical Overview of Steps to African Unity, Mohammed Bedjaoui
2. The Transition from the Organisation of African Unity to the African Union, Tiyanjana Maluwa
3. The African Union: Principles and Purposes, Stéphane Doumbe-Billé

II. Structure and Organs of the African Union
4. The Assembly, Executive Council and Commission, Joram M. Biswaro
5. The Pan-African Parliament, Sani L. Mohamed
6. The African Court of Justice and Human Rights, Fatsah Ouguergouz
7. The Peace and Security Council, Roland Adjovi
8. The Economic, Social and Cultural, Mohamed S. Amr

III. Economic Integration, Development and Good Governance
9. The African Economic Community, Makane M. Mbengue & Ousseni Illy
10. The New Partnership for Africa’s Development (NEPAD), Edward Kannyo
11. The Regional Economic Communities (RECs), Stephen Karangizi
12. The Prohibition of Unconstitutional Change of Government, Muna Ndulo
13. The African Charter on Democracy, Elections and Governance, Hélène Tigroudja
14. The African Convention on the Prevention and Combating of Corruption, Mpazi Sinjela

IV. Peace and Security
15. The Role of the Union in Conflict Prevention and Resolution, Mesmer L. Gueuyou
16. The Right of Forcible Intervention in Certain Conflicts, Abdulqawi A. Yusuf
17. Peacekeeping Operations: The Examples of Burundi and Sudan, Mutoy Mubiala
18. The African Union’s Relationship with the United Nations in the Maintenance of Peace and Security, DjacobaL. Tehindrazanarivelo

V. Human Rights
19. The African Charter on Human and Peoples’ Rights, Michelo Hansungule
20. The Protocol on the Rights of Women in Africa, Rachel Mayanja
21. The African Charter on the Rights and Welfare of the Child, Chris M. Peter & Ummy A. Mwalimu
22. The Convention Governing the Specific Aspects of Refugee Problems in Africa, Osita C. Eze †

A. Sirte Declaration (1999)
B. Constitutive Act of the African Union (2000)
C. Maputo Amendment Protocols (2003)
D. Index of African Union Instruments and Organs/Agencies