LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS
ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
ORDER OF 14 JULY 2017
ORDER OF 17 JANUARY 2018
INDEX OF EXHIBITS TO THE
WRITTEN STATEMENT OF
THE AFRICAN UNION
1 March 2018
INDEX
Exhibit No. Title Date
1 Constitutive Act of the African Union 11 July 2000
2 OAU Charter 25 May 1963
3 African Charter on Human and Peoples’ Rights,
(Adopted 27 June 1981, OAU Doc. èCAB/LEG/67/3
rev. 5, 21 I.L.M. 58 (1982), entered into force 21
October 1986)
27 June 1981
4 Resolution CIAS/Plen.2/Rev.2, Resolution on
Decolonization
May 1963
5 Resolution AHG/Res.99 (XVII), Resolution on the
Diego Garcia
July 1980
6 Decision AHG/Dec.159 (XXXVI), Decision on
Chagos Archipelago
July 2000
7 Decision Assembly/AU/Dec.331 (XV), Decision on
the Sovereignty of the Republic of Mauritius Over
the Chagos Archipelago
July 2010
8 Resolution Assembly/AU/Res.1(XVI), Resolution on
Chagos Archipelago
January 2011
9 Third Africa-South America Summit, Malabo
Declaration
February 2013
10 50th Anniversary Solemn Declaration
(Assembly/AU/Decl.3(XXI))
May 2013
11 Resolution Assembly/AU/Res.1(XXV), Resolution
on Chagos Archipelago
June 2015
12 Resolution Assembly/AU/Res.1(XXVIII), Resolution
on Chagos Archipelago
January 2017
13 Decision Assembly/AU/Dec.684(XXX), Decision on
Chagos Archipelago
January 2018
Constitutif Act of African Union
CONSTITUTIVE ACT OF THE
AFRICAN UNION
Constitutif Act of African Union
1
The Constitutive Act
We, Heads of State and Government of the Member States of the
Organization of African Unity (OAU):
1. The President of the People’s Democratic Republic of Algeria
2. The President of the Republic of Angola
3. The President of the Republic of Benin
4. The President of the Republic of Botswana
5. The President of Burkina Faso
6. The President of the Republic of Burundi
7. The President of the Republic of Cameroon
8. The President of the Republic of Cape Verde
9. The President of the Central African Republic
10. The President of the Republic of Chad
11. The President of the Islamic Federal Republic of the Comoros
12. The President of the Republic of the Congo
13. The President of the Republic of Côte d’Ivoire
14. The President of the Democratic Republic of Congo
15. The President of the Republic of Djibouti
16. The President of the Arab Republic of Egypt
17. The President of the State of Eritrea
18. The Prime Minister of the Federal Democratic Republic of
Ethiopia
19. The President of the Republic of Equatorial Guinea
20. The President of the Gabonese Republic
21. The President of the Republic of The Gambia
22. The President of the Republic of Ghana
23. The President of the Republic of Guinea
24. The President of the Republic of Guinea Bissau
25. The President of the Republic of Kenya
26. The Prime Minister of Lesotho
27. The President of the Republic of Liberia
28. The Leader of the 1st of September Revolution of the Great Socialist
People’s Libyan Arab Jamahiriya
29. The President of the Republic of Madagascar
Constitutif Act of African Union
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30. The President of the Republic of Malawi
31. The President of the Republic of Mali
32. The President of the Islamic Republic of Mauritania
33. The Prime Minister of the Republic of Mauritius
34. The President of the Republic of Mozambique
35. The President of the Republic of Namibia
36. The President of the Republic of Niger
37. The President of the Federal Republic of Nigeria
38. The President of the Republic of Rwanda
39. The President of the Sahrawi Arab Democratic Republic
40. The President of the Republic of Sao Tome and Principe
41. The President of the Republic of Senegal
42. The President of the Republic of Seychelles
43. The President of the Republic of Sierra Leone
44. The President of the Republic of Somalia
45. The President of the Republic of South Africa
46. The President of the Republic of Sudan
47. The King of Swaziland
48. The President of the United Republic of Tanzania
49. The President of the Togolese Republic
50. The President of the Republic of Tunisia
51. The President of the Republic of Uganda
52. The President of the Republic of Zambia
53. The President of the Republic of Zimbabwe
INSPIRED by the noble ideals which guided the founding fathers of
our Continental Organization and generations of Pan-Africanists in their
determination to promote unity, solidarity, cohesion and cooperation
among the peoples of Africa and African States;
CONSIDERING the principles and objectives stated in the Charter of
the Organization of African Unity and the Treaty establishing the African
Economic Community;
RECALLING the heroic struggles waged by our peoples and our
countries for political independence, human dignity and economic
emancipation;
Constitutif Act of African Union
3
CONSIDERING that since its inception, the Organization of African
Unity has played a determining and invaluable role in the liberation
of attainment of the unity of our continent and has provided a unique
framework for our collective action in Africa and in our relations with
the rest of the world.
DETERMINED to take up the multifaceted challenges that confront our
continent and peoples in the light of the social, economic and political
changes taking place in the world;
CONVINCED of the need to accelerate the process of implementing the
Treaty establishing the African Economic Community in order to promote
the socio-economic development of Africa and to face more effectively
the challenges posed by globalization;
GUIDED by our common vision of a united and strong Africa and by
the need to build a partnership between governments and all segments of
civil society, in particular women, youth and the private sector, in order
to strengthen solidarity and cohesion among our peoples;
CONSCIOUS
a major impediment to the socio-economic development of the continent
and of the need to promote peace, security and stability as a prerequisite
for the implementation of our development and integration agenda;
DETERMINED to promote and protect human and peoples’ rights,
consolidate democratic institutions and culture, and to ensure good
governance and the rule of law;
FURTHER DETERMINED to take all necessary measures to
strengthen our common institutions and provide them with the necessary
powers and resources to enable them discharge their respective mandates
effectively;
RECALLING the Declaration which we adopted at the Fourth
Extraordinary Session of our Assembly in Sirte, the Great Socialist
Constitutif Act of African Union
4
People’s Libyan Arab Jamahiriya, on 9.9. 99, in which we decided to
establish an African Union, in conformity with the ultimate objectives of
the Charter of our Continental Organization and the Treaty establishing
the African Economic Community;
HAVE AGREED AS FOLLOWS:
Article 1
In this Constitutive Act:
“Act” means the present Constitutive Act;
“AEC” means the African Economic Community;
“Assembly” means the Assembly of Heads of State and Government of
the Union;
“Charter” means the Charter of the OAU;
“Commission” means the Secretariat of the Union;
“Committee” means a Specialized Technical Committee of the Union;
“Council” means the Economic, Social and Cultural Council of the
Union;
“Court” means the Court of Justice of the Union;
“Executive Council” means the Executive Council of Ministers of the
Union;
“Member State” means a Member State of the Union;
“OAU” means the Organization of African Unity;
Constitutif Act of African Union
5
“Parliament” means the Pan-African Parliament of the Union;
“Union” means the African Union established by the present Constitutive
Act.
Article 2
The African Union is hereby established in accordance with the provisions
of this Act.
Article 3
The objectives of the Union shall be to:
(a) achieve greater unity and solidarity between the African countries
and the peoples of Africa;
(b) defend the sovereignty, territorial integrity and independence of its
Member States;
(c) accelerate the political and socio-economic integration of the
continent;
(d) promote and defend African common positions on issues of interest
to the continent and its peoples;
(e) encourage international cooperation, taking due account of the
Charter of the United Nations and the Universal Declaration of
Human Rights;
(f) promote peace, security, and stability on the continent;
(g) promote democratic principles and institutions, popular participation
and good governance;
Constitutif Act of African Union
6
(h) promote and protect human and peoples’ rights in accordance
with the African Charter on Human and Peoples’ Rights and other
relevant human rights instruments;
(i) establish the necessary conditions which enable the continent to
play its rightful role in the global economy and in international
negotiations;
(j) promote sustainable development at the economic, social and
cultural levels as well as the integration of African economies;
living standards of African peoples;
(l) coordinate and harmonize the policies between the existing and
future Regional Economic Communities for the gradual attainment
of the objectives of the Union;
(m) advance the development of the continent by promoting research in
(n) work with relevant international partners in the eradication of
preventable diseases and the promotion of good health on the
continent.
Article 4
The Union shall function in accordance with the following principles:
(a) sovereign equality and interdependence among Member States of
the Union;
(b) respect of borders existing on achievement of independence;
(c) participation of the African peoples in the activities of the Union;
(d) establishment of a common defence policy for the African
Continent;
Constitutif Act of African Union
7
through such appropriate means as may be decided upon by the
Assembly;
(f) prohibition of the use of force or threat to use force among Member
States of the Union;
(g) non-interference by any Member State in the internal affairs of
another;
(h) the right of the Union to intervene in a Member State pursuant
to a decision of the Assembly in respect of grave circumstances,
namely: war crimes, genocide and crimes against humanity;
(i) peaceful co-existence of Member States and their right to live in
peace and security;
(j) the right of Member States to request intervention from the Union
in order to restore peace and security;
(k) promotion of self-reliance within the framework of the Union;
(l) promotion of gender equality;
(m) respect for democratic principles, human rights, the rule of law and
good governance;
(n) promotion of social justice to ensure balanced economic
development;
(o) respect for the sanctity of human life, condemnation and rejection
of impunity and political assassination, acts of terrorism and
subversive activities;
(p) condemnation and rejection of unconstitutional changes of
governments.
Constitutif Act of African Union
8
Article 5
1. The organs of the Union shall be:
(a) The Assembly of the Union;
(b) The Executive Council;
(c) The Pan-African Parliament;
(d) The Court of Justice;
(e) The Commission;
(f) The Permanent Representatives Committee;
(g) The Specialized Technical Committees;
(h) The Economic, Social and Cultural Council;
(i) The Financial Institutions;
2. Other organs that the Assembly may decide to establish.
Article 6
1. The Assembly shall be composed of Heads of States and Government
or their duly accredited representatives.
2. The Assembly shall be the supreme organ of the Union.
3. The Assembly shall meet at least once a year in ordinary session.
At the request of any Member State and on approval by a twothirds
majority of the Member States, the Assembly shall meet in
extraordinary session.
period of one year by a Head of State or Government elected after
consultations among the Member States.
Article 7
Decisions of the Assembly
1. The Assembly shall take its decisions by consensus or, failing
which, by a two-thirds majority of the Member States of the Union.
Constitutif Act of African Union
9
However, procedural matters, including the question of whether a
matter is one of procedure or not, shall be decided by a simple
majority.
2. Two-thirds of the total membership of the Union shall form a
quorum at any meeting of the Assembly.
Article 8
The Assembly shall adopt its own Rules of Procedure.
Article 9
1. The functions of the Assembly shall be to:
(a) determine the common policies of the Union;
(b) receive, consider and take decisions on reports and
recommendations from the other organs of the Union;
(c) consider requests for Membership of the Union;
(d) establish any organ of the Union;
(e) monitor the implementation of policies and decisions of the
Union as well ensure compliance by all Member States;
(f) adopt the budget of the Union;
(g) give directives to the Executive Council on the management
restoration of peace;
Constitutif Act of African Union
10
(h) appoint and terminate the appointment of the judges of the
Court of Justice;
(i) appoint the Chairman of the Commission and his or her
deputy or deputies and Commissioners of the Commission
2. The Assembly may delegate any of its powers and functions to any
organ of the Union.
Article 10
1. The Executive Council shall be composed of the Ministers of
Foreign Affairs or such other Ministers or Authorities as are
designated by the Governments of Member States.
2. The Executive Council shall meet at least twice a year in ordinary
session. It shall also meet in an extra-ordinary session at the request
of any Member State and upon approval by two-thirds of all Member
States.
Article 11
1. The Executive Council shall take its decisions by consensus or,
failing which, by a two-thirds majority of the Member States.
However, procedural matters, including the question of whether a
matter is one of procedure or not, shall be decided by a simple
majority.
2. Two-thirds of the total membership of the Union shall form a
quorum at any meeting of the Executive Council.
Constitutif Act of African Union
11
Article 12
The Executive Council shall adopt its own Rules of Procedure.
Article 13
1. The Executive Council shall coordinate and take decisions on
policies in areas of common interest to the Member States, including
the following:
(a) foreign trade;
(b) energy, industry and mineral resources;
(c) food, agricultural and animal resources, livestock production
and forestry;
(d) water resources and irrigation;
(e) environmental protection, humanitarian action and disaster
response and relief;
(f) transport and communications;
(g) insurance;
(h) education, culture, health and human resources
development;
(i) science and technology;
(j) nationality, residency and immigration matters;
(k) social security, including the formulation of mother and child
care policies, as well as policies relating to the disabled and
the handicapped;
(l) establishment of a system of African awards,
medals and prizes.
Constitutif Act of African Union
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2. The Executive Council shall be responsible to the Assembly. It
shall consider issues referred to it and monitor the implementation
of policies formulated by the Assembly.
3. The Executive Council may delegate any of its powers and functions
mentioned in paragraph 1 of this Article to the Specialized Technical
Committees established under Article 14 of this Act.
Article 14
1. There is hereby established the following Specialized Technical
Committees, which shall be responsible to the Executive Council:
(a) The Committee on Rural Economy and Agricultural
Matters;
(b) The Committee on Monetary and Financial Affairs;
(c) The Committee on Trade, Customs and Immigration
Matters;
(d) The Committee on Industry, Science and Technology, Energy,
Natural Resources and Environment;
(e) The Committee on Transport, Communications and
Tourism;
(f) The Committee on Health, Labour and Social Affairs; and
(g) The Committee on Education, Culture and Human
Resources.
2. The Assembly shall, whenever it deems appropriate, restructure the
existing Committees or establish other Committees.
3. The Specialized Technical Committees shall be composed of
their respective areas of competence.
Constitutif Act of African Union
13
Article 15
(a) prepare projects and programmes of the Union and submit it to the
Executive Council;
(b) ensure the supervision, follow-up and the evaluation of the
implementation of decisions taken by the organs of the Union;
(c) ensure the coordination and harmonization of projects and
programmes of the Union;
(d) submit to the Executive Council either on its own initiative or at the
request of the Executive Council, reports and recommendations on
the implementation of the provisions of this Act; and
(e) carry out any other functions assigned to it for the purpose of
ensuring the implementation of the provisions of this Act.
Article 16
Subject to any directives given by the Executive Council, each Committee
shall meet as often as necessary and shall prepare its Rules of Procedure
and submit them to the Executive Council for approval.
Article 17
1. In order to ensure the full participation of African peoples in the
development and economic integration of the continent, a Pan-
African Parliament shall be established.
2. The composition, powers, functions and organization of the Pan-
Constitutif Act of African Union
14
Article 18
1. A Court of Justice of the Union shall be established;
2. The statute, composition and functions of the Court of Justice shall
Article 19
(a) The African Central Bank;
(b) The African Monetary Fund;
(c) The African Investment Bank.
Article 20
1. There shall be established a Commission of the Union, which shall
be the Secretariat of the Union.
2. The Commission shall be composed of the Chairman, his or her
deputy or deputies and the Commissioners. They shall be assisted by
the necessary staff for the smooth functioning of the Commission.
3. The structure, functions and regulations of the Commission shall
be determined by the Assembly.
Article 21
1. There shall be established a Permanent Representatives Committee.
It shall be composed of Permanent Representatives to the Union
and other Plenipotentiaries of Member States.
Constitutif Act of African Union
15
2. The Permanent Representatives Committee shall be charged with
the responsibility of preparing the work of the Executive Council and
acting on the Executive Council’s instructions. It may set up such
sub-committees or working groups as it may deem necessary.
Article 22
1. The Economic, Social and Cultural Council shall be an advisory
organ composed of different social and professional groups of the
Member States of the Union.
2. The functions, powers, composition and organization of the
Economic, Social and Cultural Council shall be determined by the
Assembly.
Article 23
1. The Assembly shall determine the appropriate sanctions to be
imposed on any Member State that defaults in the payment of its
contributions to the budget of the Union in the following manner:
denial of the right to speak at meetings, to vote, to present candidates
activity or commitments, therefrom;
2. Furthermore, any Member State that fails to comply with the
decisions and policies of the Union may be subjected to other
sanctions, such as the denial of transport and communications links
with other Member States, and other measures of a political and
economic nature to be determined by the Assembly.
Article 24
1. The Headquarters of the Union shall be in Addis Ababa in the
Federal Democratic Republic of Ethiopia.
Constitutif Act of African Union
16
Assembly may, on the recommendation of the Executive Council,
determine.
Article 25
The working languages of the Union and all its institutions shall be, if
possible, African languages, Arabic, English, French and Portuguese.
Article 26
The Court shall be seized with matters of interpretation arising from the
application or implementation of this Act. Pending its establishment,
such matters shall be submitted to the Assembly of the Union, which
shall decide by a two-thirds majority.
Article 27
the Member States of the OAU in accordance with their respective
constitutional procedures.
General of the OAU.
3. Any Member State of the OAU acceding to this Act after its
entry into force shall deposit the instrument of accession with the
Chairman of the Commission.
Article 28
This Act shall enter into force thirty (30) days after the deposit of the
OAU.
Constitutif Act of African Union
17
Article 29
1. Any African State may, at any time after the entry into force of
this Act, notify the Chairman of the Commission of its intention to
accede to this Act and to be admitted as a member of the Union.
2. The Chairman of the Commission shall, upon receipt of such
shall be decided by a simple majority of the Member States. The
decision of each Member State shall be transmitted to the Chairman
of the Commission who shall, upon receipt of the required number
of votes, communicate the decision to the State concerned.
Article 30
Governments which shall come to power through unconstitutional means
shall not be allowed to participate in the activities of the Union.
Article 31
1. Any State which desires to renounce its membership shall forward
shall inform Member States thereof. At the end of one year from
to apply with respect to the renouncing State, which shall thereby
cease to belong to the Union.
2. During the period of one year referred to in paragraph 1 of this
Article, any Member State wishing to withdraw from the Union
shall comply with the provisions of this Act and shall be bound
to discharge its obligations under this Act up to the date of its
withdrawal.
Constitutif Act of African Union
18
Article 32
n
1. Any Member State may submit proposals for the amendment or
revision of this Act.
2. Proposals for amendment or revision shall be submitted to the
Chairman of the Commission who shall transmit same to Member
States within thirty (30) days of receipt thereof.
3. The Assembly, upon the advice of the Executive Council, shall
examine these proposals within a period of one year following
of paragraph 2 of this Article;
4. Amendments or revisions shall be adopted by the Assembly by
consensus or, failing which, by a two-thirds majority and submitted
respective constitutional procedures. They shall enter into force
with the Chairman of the Commission by a two-thirds majority of
the Member States.
Article 33
1. This Act shall replace the Charter of the Organization of African
Unity. However, the Charter shall remain operative for a transitional
period of one year or such further period as may be determined
by the Assembly, following the entry into force of the Act, for the
purpose of enabling the OAU/AEC to undertake the necessary
measures regarding the devolution of its assets and liabilities to the
Union and all matters relating thereto.
2. The provisions of this Act shall take precedence over and supersede
any inconsistent or contrary provisions of the Treaty establishing
the African Economic Community.
Constitutif Act of African Union
19
3. Upon the entry into force of this Act, all necessary measures
shall be undertaken to implement its provisions and to ensure
the establishment of the organs provided for under the Act in
accordance with any directives or decisions which may be adopted
in this regard by the Parties thereto within the transitional period
stipulated above.
4. Pending the establishment of the Commission, the OAU General
Secretariat shall be the interim Secretariat of the Union.
5. This Act, drawn up in four (4) original texts in the Arabic, English,
French and Portuguese languages, all four (4) being equally
authentic, shall be deposited with the Secretary-General of the
OAU and, after its entry into force, with the Chairman of the
the Government of each signatory State. The Secretary-General
of the OAU and the Chairman of the Commission shall notify all
signatory States of the dates of the deposit of the instruments of
register the same with the Secretariat of the United Nations.
IN WITNESS WHEREOF, WE have adopted this Act.
Done at Lome, Togo, this 11th day of July, 2000.
Constitutif Act of African Union
20
CONSTITUTIVE ACT OF THE AFRICAN UNION
ADOPTED BY THE THIRTY-SIXTH ORDINARY SESSION OF
THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
11 JULY, 2000 - LOME, TOGO
1. People’s Democratic Republic of Algeria
2. Republic of Angola
3. Republic of Benin
4. Republic of Botswana
5. Burkina Faso
6. Republic of Burundi
7. Republic of Cameroon
8. Republic of Cape Verde
9. Central African Republic
10. Republic of Chad
11. Islamic Federal Republic of the Comoros
12. Republic of the Congo
13. Republic of Côte d’Ivoire
14. Democratic Republic of Congo
15. Republic of Djibouti
16. Arab Republic of Egypt
17. State of Eritrea
18. Federal Democratic Republic of Ethiopia
19. Republic of Equatorial Guinea
20. Republic of Gabon
21. Republic of The Gambia
22. Republic of Ghana
23. Republic of Guinea
24. Republic of Guinea Bissau
25. Republic of Kenya
26. Kingdom of Lesotho
27. Republic of Liberia
Constitutif Act of African Union
21
28. Great Socialist People’s Libyan Arab Jamahiriya
29. Republic of Madagascar
30. Republic of Malawi
31. Republic of Mali
32. Islamic Republic of Mauritania
33. Republic of Mauritius
34. Republic of Mozambique
35. Republic of Namibia
36. Republic of Niger
37. Federal Republic of Nigeria
38. Republic of Rwanda
39. Sahrawi Arab Democratic Republic
40. Republic of Sao Tome and Principe
41. Republic of Senegal
42. Republic of Seychelles
43. Republic of Sierra Leone
44. Republic of Somalia
45. Republic of South Africa
46. Republic of Sudan
47. Kingdom of Swaziland
48. United Republic of Tanzania
49. Republic of Togo
50. Republic of Tunisia
51. Republic of Uganda
52. Republic of Zambia
53. Republic of Zimbabwe
OAU CHARTER
We, the Heads of African States and Governments assembled in the City of Addis
Ababa, Ethiopia,
Convinced that it is the inalienable right of all people to control their own destiny,
Conscious of the fact that freedom, equality, justice and dignity are essential
objectives for the achievement of the legitimate aspirations of the African peoples,
Conscious of our responsibility to harness the natural and human resources of our
continent for the total advancement of our peoples in all spheres of human
endeavour,
Inspired by a common determination to promote understanding among our peoples
and cooperation among our states in response to the aspirations of our peoples for
brother-hood and solidarity, in a larger unity transcending ethnic and national
differences,
Convinced that, in order to translate this determination into a dynamic force in the
cause of human progress, conditions for peace and security must be established and
maintained,
Determined to safeguard and consolidate the hard-won independence as well as the
sovereignty and territorial integrity of our states, and to fight against neocolonialism
in all its forms,
Dedicated to the general progress of Africa,
Persuaded that the Charter of the United Nations and the Universal Declaration of
Human Rights, to the Principles of which we reaffirm our adherence, provide a
solid foundation for peaceful and positive cooperation among States,
Desirous that all African States should henceforth unite so that the welfare and wellbeing
of their peoples can be assured,
Resolved to reinforce the links between our states by establishing and strengthening
common institutions,
2
Have agreed to the present Charter.
3
ESTABLISHMENT
Article I
1. The High Contracting Parties do by the present Charter establish an
Organization to be known as the ORGANIZATION OF AFRICAN UNITY.
2. The Organization shall include the Continental African States, Madagascar
and other Islands surrounding Africa.
PURPOSES
Article II
1. The Organization shall have the following purposes:
(a) To promote the unity and solidarity of the African States;
(b) To coordinate and intensify their cooperation and efforts to achieve a
better life for the peoples of Africa;
(c) To defend their sovereignty, their territorial integrity and
independence;
(d) To eradicate all forms of colonialism from Africa; and
(e) To promote international cooperation, having due regard to the
Charter of the United Nations and the Universal Declaration of
Human Rights.
2. To these ends, the Member States shall coordinate and harmonize their
general policies, especially in the following fields:
(a) Political and diplomatic cooperation;
(b) Economic cooperation, including transport and communications;
(c) Educational and cultural cooperation;
(d) Health, sanitation and nutritional cooperation;
(e) Scientific and technical cooperation; and
(f) Cooperation for defence and security.
PRINCIPLES
Article III
The Member States, in pursuit of the purposes stated in Article II solemnly affirm
and declare their adherence to the following principles:
4
1. The sovereign equality of all Member States.
2. Non-interference in the internal affairs of States.
3. Respect for the sovereignty and territorial integrity of each State and for its
inalienable right to independent existence.
4. Peaceful settlement of disputes by negotiation, mediation, conciliation or
arbitration.
5. Unreserved condemnation, in all its forms, of political assassination as well as
of subversive activities on the part of neighbouring States or any other
States.
6. Absolute dedication to the total emancipation of the African territories which
are still dependent.
7. Affirmation of a policy of non-alignment with regard to all blocs.
MEMBERSHIP
Article IV
Each independent sovereign African State shall be entitled to become a Member of
the Organization.
RIGHTS AND DUTIES OF MEMBER STATES
Article V
All Member States shall enjoy equal rights and have equal duties.
Article VI
The Member States pledge themselves to observe scrupulously the principles
enumerated in Article III of the present Charter.
5
INSTITUTIONS
Article VII
The Organization shall accomplish its purposes through the following principal
institutions:
1. The Assembly of Heads of State and Government.
2. The Council of Ministers.
3. The General Secretariat.
4. The Commission of Mediation, Conciliation and Arbitration.
THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
Article VIII
The Assembly of Heads of State and Government shall be the supreme organ of the
Organization. It shall, subject to the provisions of this Charter, discuss matters of
common concern to Africa with a view to coordinating and harmonizing the general
policy of the Organization. It may in addition review the structure, functions and
acts of all the organs and any specialized agencies which may be created in
accordance with the present Charter.
Article IX
The Assembly shall be composed of the Heads of State and Government or their
duly accredited representatives and it shall meet at least once a year. At the request
of any Member State and on approval by a two-thirds majority of the Member
States, the Assembly shall meet in extraordinary session.
Article X
1. Each Member State shall have one vote.
2. All resolutions shall be determined by a two-thirds majority of the Members
of the Organization.
6
3. Questions of procedure shall require a simple majority. Whether or not a
question is one of procedure shall be determined by a simple majority of all
Member States of the Organization.
4. Two-thirds of the total membership of the Organization shall form a quorum
at any meeting of the Assembly.
Article XI
The Assembly shall have the power to determine its own rules of procedure.
THE COUNCIL OF MINISTERS
Article XII
1. The Council of Ministers shall consist of Foreign Ministers or other
Ministers as are designated by the Governments of Member States.
2. The Council of Ministers shall meet at least twice a year. When requested by
any Member State and approved by two-thirds of all Member States, it shall
meet in extraordinary session.
Article XIII
1. The Council of Ministers shall be responsible to the Assembly of Heads of
State and Government. It shall be entrusted with the responsibility of
preparing conferences of the Assembly.
2. It shall take cognisance of any matter referred to it by the Assembly. It shall
be entrusted with the implementation of the decision of the Assembly of
Heads of State and Government. It shall coordinate inter-African
cooperation in accordance with the instructions of the Assembly conformity
with Article II (2) of the present Charter.
Article XIV
1. Each Member State shall have one vote.
2. All resolutions shall be determined by a simple majority of the members of
the Council of Ministers.
7
3. Two-thirds of the total membership of the Council of Ministers shall form a
quorum for any meeting of the Council.
Article XV
The Council shall have the power to determine its own rules of procedure.
GENERAL SECRETARIAT
Article XVI
There shall be a Secretary-General of the Organization, who shall be appointed by
the Assembly of Heads of State and Government. The Secretary-General shall
direct the affairs of the Secretariat.
Article XVII
There shall be one or more Assistant Secretaries-General of the Organization, who
shall be appointed by the Assembly of Heads of State and Government.
Article XVIII
The functions and conditions of service of the Secretary-General, of the Assistant
Secretaries-General and other employees of the Secretariat shall be governed by the
provisions of this Charter and the regulations approved by the Assembly of Heads
of State and Government.
1. In the performance of their duties the Secretary-General and the staff shall
not seek or receive instructions from any government or from any other
authority external to the Organization. They shall refrain from any action
which might reflect on their position as international officials responsible
only to the Organization.
2. Each member of the Organization undertakes to respect the exclusive
character of the responsibilities of the Secretary-General and the staff and
not to seek to influence them in the discharge of their responsibilities.
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COMMISSION OF MEDIATION, CONCILIATION AND ARBITRATION
Article XIX
Member States pledge to settle all disputes among themselves by peaceful means
and, to this end decide to establish a Commission of Mediation, Conciliation and
Arbitration, the composition of which and conditions of service shall be defined by a
separate Protocol to be approved by the Assembly of Heads of State and
Government. Said Protocol shall be regarded as forming an integral part of the
present Charter.
SPECIALIZED COMMISSION
Article XX
The Assembly shall establish such Specialized Commissions as it may deem
necessary, including the following:
1. Economic and Social Commission.
2. Educational, Scientific, Cultural and Health Commission.
3. Defence Commission.
Article XXI
Each Specialized Commission referred to in Article XX shall be composed of the
Ministers concerned or other Ministers or Plenipotentiaries designated by the
Governments of the Member States.
Article XXII
The functions of the Specialized Commissions shall be carried out in accordance
with the provisions of the present Charter and of the regulations approved by the
Council of Ministers.
THE BUDGET
Article XXIII
9
The budget of the Organization prepared by the Secretary-General shall be
approved by the Council of Ministers. The budget shall be provided by
contribution from Member States in accordance with the scale of assessment of the
United Nations; provided, however, that no Member State shall be assessed an
amount exceeding twenty percent of the yearly regular budget of the Organization.
The Member States agree to pay their respective contributions regularly.
SIGNATURE AND RATIFICATION OF CHARTER
Article XXIV
1. This Charter shall be open for signature to all independent sovereign African
States and shall be ratified by the signatory States in accordance with their
respective constitutional processes.
2. The original instrument, done, if possible in African languages, in English
and French, all texts being equally authentic, shall be deposited with the
Government of Ethiopia which shall transmit certified copies thereof to all
independent sovereign African States.
3. Instruments of ratification shall be deposited with the Government of
Ethiopia, which shall notify all signatories of each such deposit.
ENTRY INTO FORCE
Article XXV
This Charter shall enter into force immediately upon receipt by the Government of
Ethiopia of the instruments of ratification from two-thirds of the signatory States.
REGISTRATION OF CHARTER
Article XXVI
This Charter shall, after due ratification, be registered with the Secretariat of the
United Nations through the Government of Ethiopia in conformity with Article 102
of the Charter of the United Nations.
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INTERPRETATION OF THE CHARTER
Article XXVII
Any question which may arise concerning the interpretation of this Charter shall be
decided by a vote of two-thirds of the Assembly of Heads of State and Government
of the Organization.
ADHESION AND ACCESSION
Article XXVIII
1. Any independent sovereign African State may at any time notify the
Secretary-General of its intention to adhere or accede to this Charter.
2. The Secretary-General shall, on receipt of such notification, communicate a
copy of it to all the Member States. Admission shall be decided by a simple
majority of the Member States. The decision of each Member State shall be
transmitted to the Secretary-General, who shall, upon receipt of the required
number of votes, communicate the decision to the State concerned.
MISCELLANEOUS
Article XXIX
The working languages of the Organization and all its institutions shall be, if
possible African languages, English and French, Arabic and Portuguese.
Article XXX
The Secretary-General may accept, on behalf of the Organization, gifts, bequests
and other donations made to the Organization, provided that this is approved by the
Council of Ministers.
Article XXXI
11
The Council of Ministers shall decide on the privileges and immunities to be
accorded to the personnel of the Secretariat in the respective territories of the
Member States.
CESSATION OF MEMBERSHIP
Article XXXI
Any State which desires to renounce its membership shall forward a written
notification to the Secretary-General. At the end of one year from the date of such
notification, if not withdrawn, the Charter shall cease to apply with respect to the
renouncing State, which shall thereby cease to belong to the Organization.
AMENDMENT OF THE CHARTER
Article XXXII
This Charter may be amended or revised if any Member State makes a written
request to the Secretary-General to that effect; provided, however, that the
proposed amendment is not submitted to the Assembly for consideration until all
the Member States have been duly notified of it and a period of one year has
elapsed. Such an amendment shall not be effective unless approved by at least twothirds
of all the Member States.
IN FAITH WHEREOF, We, the Heads of African States and Governments have
signed this Charter.
Done in the City of Addis Ababa, Ethiopia,
25th day of May, 1963
CIAS/Plen.2/Rev.2
- A -
Agenda Item II: DECOLONIZATION
The Summit Conference of Independent African States meeting in Addis
Ababa, Ethiopia, from 22 to 25 May 1963,
Having considered all aspects of the questions of decolonization,
Unanimously convinced of the imperious and urgent necessity of co-ordinating
and intensifying their efforts to accelerate the unconditional attainment of
national independence of all African territories still under foreign domination,
Reaffirming that it is the duty of all African Independent States to support
dependent peoples in Africa in their struggle for freedom and independence,
Noting with deep concern that most of the remaining dependent territories in
Africa are dominated by foreign settlers,
Convinced that the colonial powers, by their forcible imposition of the settlers
to control the governments and administrations of those territories, are thus
establishing colonial bases in the heart of Africa,
Have agreed unanimously to concert and co-ordinate their efforts and actions in
this field, and to this end have decided on the following measures:
1. DECLARES that the forcible imposition by the colonial powers of the
settlers to control the governments and administrations of the dependent
territories is a flagrant violation of the inalienable rights of the legitimate
inhabitants of the territories concerned;
2. INVITES the colonial powers to take the necessary measures for the
immediate application of the declaration of the Granting of Independence
to Colonial Countries and Peoples; and INSISTS that their determination
to
maintain colonies or semi-colonies in Africa constitutes a menace to the
peace of the continent;
3. INVITES, further, the colonial powers, particularly the United Kingdom with
regard to Southern Rhodesia, not to transfer the powers and attributes of
sovereignty to foreign minority governments imposed on African peoples by the
use of force and under cover of racial legislation; and INSISTS that the transfer of
power to settler minorities would amount to the provision of United Nations
resolution 1514(XV) on violations of Independence;
4. REAFFIRMS its support of African nationalists of Southern Rhodesia and
solemnly declares that if power in Southern Rhodesia were to be usurped by a
racial white minority government, State Members of the Conference would lend
their effective moral and practical support to any legitimate measures which the
African nationalist leaders may devise for the purpose of recovering such power
and restoring it to the African majority; the Conference also UNDERTAKES
henceforth to concert the efforts of its Members to take such measures as the
situation demands against any State according recognition to the minority
government;
5. REAFFIRMS, further, that the territory of South-West Africa is an African
territory under international mandate and that any attempt by the Republic of
South Africa to annex it would be regarded as an act of aggression;
REAFFIRMS also its determination to render all necessary support to the
second phase of the South-West Africa case before the International Court of
Justice; REAFFIRMS STILL FURTHER, the inalienable right of the people of
South-West Africa to self-determination and independence;
6. INTERVENES EXPRESSLY with the Great Powers so that they cease, without
exception, to lend direct or indirect support or assistance to all those colonialist
governments which might use such assistance to suppress national liberation
movements, particularly the Portuguese Government which is conducting a real
war of genocide in Africa; INFORMS the allies of colonial powers that they
must choose between their friendship for the African people and their support of
powers that oppress African peoples;
7. DECIDES to send a delegation of Ministers of Foreign Affairs to speak on
behalf of all African States in the meetings of the Security Council which will be
called to examine the report of the United Nationals Committee of 24 on the
situation in African territories under Portuguese domination; (The Conference
has decided the members of the Delegation to be Liberia, Tunisia, Madagascar
and Sierra Leone);
8. DECIDES further the breaking off of diplomatic and consular relations between
all African States and Governments of Portugal and South Africa so long as they
persist in their present attitude towards decolonization;
9. ASKS FOR AN EFFECTIVE BOYCOTT of the foreign trade of Portugal
and South Africa by:
(a) prohibiting the import of goods from those two countries;
(b) closing African ports and airports to their ships and planes;
(c) forbidding the planes of those two countries to overfly the territories or all
African States;
10. EARNESTLY INVITES all national liberation movements to co-ordinate their
efforts by establishing common action fronts wherever necessary so as to
strengthen the effectiveness of their struggle and the rational use of the
concerted assistance given them;
11. ESTABLISHES a Co-ordinating Committee consisting of Algeria, Ethiopia,
Guinea, Congo (Leopoldville), Nigeria, Senegal, Tanganyika, United Arab
Republic and Uganda, with Headquarters in Dar-es-Salaam, Tanganyika,
responsible for harmonizing the assistance from African States and for
managing the Special Fund to be set up for that purpose;
12. ESTABLISHES a Special Fund to be raised by voluntary contribution of
Member States for the current year, the deadline for such contribution being 15
July 1963; REQUESTS the Co-ordinating Committee to propose the necessary
fund and apportionment among Member States to the Council of Ministers so as
to supply the necessary practical and financial aid to the various African
national liberation movements;
13. APPOINTS the day of 25 May as African Liberation Day so as to organize
popular demonstrations on that day to disseminate the recommendations of the
Summit Conference and to collect sums over and above the national
contributions for the Special Fund; (The Conference has decided that this year
it will be the opening day of the 18
th
Session of the General Assembly of the
United Nations);
14. DECIDES to receive on the territories of independent African States,
nationalists from liberation movements in order to give them training in all
sectors and afford young people all the assistance they need for their education
and vocational training;
15. DECIDES further to promote, in each State, the transit of all material aid and
the establishment of a body of volunteers in various fields, with a view to
providing the various African national liberation movements with the assistance
they need in the various sectors.
AHG/Res. 99 (XVII)
RESOLUTION ON THE DIEGO GARCIA
The Assembly of Heads of State and Government of the Organization of African
Unity meeting at its 17th Ordinary Session in Freetown, Sierra Leone from 1 to 4 July
1980,
Pursuant to article I, para 2, of the Charter of the Organization of African Unity,
which stipulates “The Organization shall include the Continental African States,
Madagascar and other islands surrounding Africa”,
Considering that one of the fundamental principles of the Organization is the
“respect for the sovereignty and territorial integrity of each state”,
Aware of the fact that Diego Garcia has always been an integral part of
Mauritius, a Member State of the OAU,
Recognizing that Diego Garcia was not ceded to Britain for military purposes,
Realizing the militarization of Diego Garcia is a threat to Africa, and to the
Indian Ocean as a zone of peace,
DEMANDS that Diego Garcia be unconditionally returned to Mauritius and that
its peaceful character be maintained.
AHG/Dec.159 (XXXVI)
DECISION ON CHAGOS ARCHIPELAGO
The Assembly:
1. EXPRESSES CONCERN that the Chagos Archipelago was unilaterally and illegally
excised by the colonial power from Mauritius prior to its independence in violation of
UN Resolution 1514;
2. NOTES WITH DISMAY that the bilateral talks between Mauritius and UK on this
matter has not yielded any significant progress;
3. URGES the UK Government to immediately enter into direct and constructive
dialogue with Mauritius so as to enable the early return of the sovereignty of Mauritius.
Assembly/AU/Dec.331(XV)
Page 1
Adopted by the Fifteenth Ordinary Session of the Assembly of the Union on 27 July 2010 in Kampala, Uganda
DECISION ON THE SOVEREIGNTY OF THE REPUBLIC OF MAURITIUS
OVER THE CHAGOS ARCHIPELAGO
The Assembly,
1. RE-AFFIRMS that the Chagos Archipelago, including Diego Garcia, which was
unlawfully excised by the former colonial power from the territory of Mauritius in
violation of UN Resolutions 1514 (XV) of 14 December 1960 and 2066 (XX) of 16
December 1965 which prohibit colonial powers from dismembering colonial
territories prior to granting independence, forms an integral part of the territory of
the Republic of Mauritius and CALLS UPON the United Kingdom to expeditiously
put an end to its continued unlawful occupation of the Chagos Archipelago with a
view to enabling Mauritius to effectively exercise its sovereignty over the
Archipelago.
Assembly/AU/Res.1(XVI)
RESOLUTION
The Assembly of the Union, at its 16th Ordinary Session held in Addis Ababa,
Ethiopia from 30 to 31 January 2011,
Recalling that the Chagos Archipelago, including Diego Garcia, was unlawfully excised
by the United Kingdom, the former colonial power, from the territory of Mauritius prior to
independence of Mauritius, in violation of UN Resolution 1514 (XV) of 14 December
1960 and 2066 (XX) of 16 December 1965 which prohibit colonial powers from
dismembering colonial territories prior to granting independence;
Reaffirming that the Chagos Archipelago, including Diego Garcia, forms an integral part
of the territory of the Republic of Mauritius;
Recalling in this regard, inter-alia:
(i) Resolution AHG/Res.99 (XVII) of July 1980 of the Assembly of Heads of
State and Government of the Organisation of African Unity (OAU);
(ii) Decision AHG/Dec.159 (XXXVI) of July 2000 of the Assembly of Heads of
State and Government of the Organisation of African Unity (OAU);
(iii) Decision Assembly/AU/Dec.331(XV) of July 2010 of the Assembly of the
African Union.
Noting with grave concern that notwithstanding the OAU/AU Resolution/Decisions and
the strong opposition expressed by the Republic of Mauritius, the United Kingdom has
proceeded to establish a ‘marine protected area’ around the Chagos Archipelago on 01
November 2010, in a manner that was inconsistent with its international legal
obligations, thereby further impeding the exercise by the Republic of Mauritius of its
sovereignty over the Archipelago;
Noting further that the Government of the Republic of Mauritius has, on 20 December
2010, initiated proceedings against the United Kingdom in relation to the dispute
concerning the legality of the purported ‘marine protected area’ as set forth in the
Notification of that date, to an Arbitral Tribunal to be constituted under Article 287 and
Annex VII of the United Nations Convention on the Law of the sea;
Considering that the Government of the Republic of Mauritius is committed to taking
other measures to protect its rights under international law relating to its legitimate
aspiration to be able to exercise sovereignty over the Chagos Archipelago, including
action at the United Nations General Assembly:
1. DECIDES to support fully the action of the Government of the Republic of
Mauritius at the United Nations General Assembly with a view to enabling
Mauritius to exercise its sovereignty over the Archipelago.
A.S.A
III Third Africa-South America Summit
Malabo Declaration
We, Heads of State and Government of Africa and South America, meeting at our
Third Africa-South America Summit (ASA) in Malabo, Equatorial Guinea from 20-
22 February 2013;
1. Expressing our gratitude to H.E. Mr. Teodoro Obiang Nguema Mbasogo,
President of the Republic of Equatorial Guinea, to the Government and people of
Equatorial Guinea for their warm welcome and generous hospitality, as well as the
excellent organization and smooth conduct of the deliberations of this Summit;
2. Reaffirming our commitment to develop strategies and mechanisms to
strengthen South-South cooperation to the benefit of the peoples of Africa and
South America.
3. Recognizing the historical and cultural ties existing between Africa and South
America and the active participation of the people of African descent in the
development of South America, as well as the important role that the countries and
peoples of South America have played in the heroic struggles waged by African
peoples and countries for political independence, human dignity and economic and
social development;
4. Welcoming the celebration of the 50th Anniversary of the founding of the
Organization of African Unity (OAU), and Supporting the commemoration of this
important milestone in African Unity;
5. Recalling the Abuja, Nigeria, Declaration adopted by the first Africa-South
America Summit on 30 November 2006 and the Nueva Esparta, Margarita Island,
Bolivarian Republic of Venezuela, Declaration adopted by the Second Africa-South
America Summit on 27 September 2009, as well as efforts made to implement
these Declarations and consolidate cooperation in various areas of common
interest between our two regions;
6. Recognizing that South-South cooperation is a major objective for both regions,
particularly in regard to the strengthening of trade relations in all areas of common
interest and the sharing of best practices in the fields of inter alia health;
environment, biodiversity, power and energy, transport and aviation, urban
infrastructure and climate change; science and technology; trade, investment and
industry and tourism; education and culture; agriculture and rural development;
employment creation; youth and gender promotion; peace and security and
stressing the need for joint action in these areas;
7. Aware that in a bid to promote international peace and security, cooperation
between our two regions must be based on commitment towards: multilateralism,
respect for international law, democracy, respect for human rights and
humanitarian law, disarmament, free migratory flows, preventing and combating
terrorism, combating illicit trafficking of small arms, light weapons and ammunition,
combating human and drug trafficking, non-proliferation of nuclear weapons and
other weapons of mass destruction, illicit outflows of financial capital, the
achievement of sustainable development along with social justice, eradication of
hunger and poverty and environmental protection;
8. Recalling that current trends and developments in the financial world have a
direct and indirect impact on the economies of our countries and regions;
9. Recognizing that gender equality and women empowerment and youth
promotion are key elements to achieve social and economic development as well
as justice, and recalling the progress our countries have made through greater use
of gender disaggregated data in the analysis, planning and management of
economic and social policies aimed at achieving these goals,
10. Committed to make efforts to eradicate all forms and manifestations of violence
against women, and to promote the full exercise of their human rights.
11. Deciding to share experiences and promote close and genuine cooperation
between our regions, with the support of the African Union (AU) and the Union of
South American Nations (UNASUR) as important pillars of cooperation between
our peoples, the latter having already been initiated through the contribution and
role played by these two organizations during the preparatory meetings of this
Third Summit;
12. Commending the efforts made so far by the ASA Coordination and Monitoring
Committee to intensify cooperation between South America and Africa as well as
to promote effective multilateralism for the mutual benefit of the States and peoples
of both regions;
13. Desirous of establishing the necessary mechanisms to enhance cooperation
between Africa and South America in the interest of the States and peoples of our
two regions;
14. Recalling the Final Declaration issued at the First Working Meeting of the
Strategic Presidential Committee held on 6 August 2010 in Caracas, Venezuela,
and the Communiqué of the Fourth Ministerial Conference of the Africa-South
America Cooperation Forum (ASACOF) held in Malabo, Equatorial Guinea on 25
November 2011;
DECLARE THAT:
In furtherance of this strong commitment, it is necessary to strengthen the following
areas of our cooperation:
I. PEACE AND SECURITY
15. We stress that full respect to objectives and principles of the United Nations
Charter is a sine qua non condition to the strengthening of international peace and
security, and also recalling that peace and development are closely interlinked and
mutually reinforcing and key to attaining sustainable development.
16. We reiterate that any conflict or dispute that might endanger regional or global
stability must be resolved peacefully, in keeping with the UN Charter. We also
recall the need to adopt appropriate and effective measures against threats to
peace and security arising from the proliferation of chemical, biological and nuclear
weapons, or from illegal trafficking in arms, ammunition and explosives, in
accordance with relevant provisions of the United Nations.
17. We reaffirm our strong commitment to fight terrorism, piracy, drug trafficking
and other forms of organized crimes, including payment of ransom to terrorist
groups and international organized crime.
18. We condemn the increase in rape and all other forms of violence against
women, girls and other vulnerable people, especially people living with HIV/AIDs.
All committed to fight heinous crimes, we decide to extend our support to all good
will organisations that carry out the struggle against these crime and request ASA
members to support relevant resolutions in the United Nations, as well as in other
international organisations, in favour of the eradication of violence against women
and new cases of HIV infections.
19. We express appreciation for the convening of the Seventh Ministerial meeting
of the Zone of Peace and Cooperation of the South Atlantic (ZPCSA/ZOPACAS),
held in Uruguay on 15 and 16 January of 2013. We welcome, in this regard, the
decision of the ministers of the ZPCSA to consolidate the South Atlantic as a zone
free from nuclear weapons and weapons of mass destruction, and the commitment
of its Member States to the promotion of peace and security, democracy,
sustainable development, economic prosperity, social inclusion, cultural integration
and solidarity.
20. We reaffirm our commitment to peace and stability in our regions and in all
other regions of the world, reiterating our support to peacekeeping operations in
the framework of the UN, highlighting, at the same time, the increased role of our
regional organizations in the implementation of peacekeeping operations.
II. POLITICAL ISSUES, DEMOCRACY, GOVERNANCE AND HUMAN
RIGHTS
21. We support the global approach to the solution of the Malian crisis, as set out
by the African Union and the United Nations Security Council. We commend the
efforts of the international community, especially from the African Union, ECOWAS
and neighbouring countries, aimed at supporting the Malian people in restoring its
national unity and territorial integrity, building democratic institutions and fighting
the twin scourges of terrorism and organized crime. We emphasize the importance
of intra-Malian dialogue and the international community’s development and
humanitarian assistance in laying a sound basis for long-term stability in Mali.
22. We further call on the international community to support African efforts and
initiatives aimed at consolidating the process of return to constitutional rule in
Guinea Bissau and Madagascar, as well as normalization and stabilisation in the
Central-African Republic and the Democratic Republic of Congo, Somalia, Sudan
and South Sudan.
23. We reaffirm our deep concern about the report on the pillaging of marine
resources of Guinea-Bissau, which has contributed to the deterioration of the
socio-economic and humanitarian situation of its people. We condemn in the
strongest terms the masterminds behind the growing drug trafficking in Guinea-
Bissau. We support the efforts of the African Union, the ECOWAS and the
Community of Portuguese Speaking Countries in promoting inclusive dialogue and
the conditions for sustainable progress in restoring of constitutional order by means
of a democratic electoral process that respects political freedom and human rights.
24. We welcome the adoption of the United Nations General Assembly Resolution
67/ 19, which recognized Palestine as a UN Observer Member State. We reaffirm
the need to reach a just, durable and comprehensive peace in the Middle East that
provides for the establishment of a independent, sovereign and viable Palestinian
State, based on the 1967 lines, with East Jerusalem as its capital living side by
side with the State of Israel in peace and security. We also regret the lack of
meaningful progress in the efforts carried out by the Quartet and consider that the
support of other actors could contribute to the resumption of negotiations as a
matter of urgency. We further recall that the Palestinian Question is one of the
main challenges on today’s international peace and security agenda and,
therefore, efforts to resolve it should be regularly reported to the UN Security
Council. We reaffirm the need for Israel to halt settlement activities, which are
illegal and in contradiction with relevant international resolutions and treaties and
threaten the two-state solution.
25. We express serious concern at the current situation in Syria and condemn all
violence, irrespective of where it comes from, and calls upon all parties in Syria,
including armed groups, to immediately stop all violence or reprisals. We call upon
the Syrian authorities to allow safe and unhindered access for humanitarian
assistance in order to ensure the delivery of humanitarian aid to persons in need of
assistance. We also call for an inclusive Syrian-led political process conducted in
an environment free from violence, fear, intimidation and extremism, and aimed at
effectively addressing the legitimate aspirations and concerns of Syria's people,
without prejudging the outcome. We reaffirm our strong commitment to the
sovereignty, independence, unity and territorial integrity of the Syrian Arab
Republic, and stress the need to resolve the current political crisis in the Syrian
Arab Republic peacefully.
26. We recognize the legitimate rights of the Argentine Republic in the sovereignty
dispute over the Malvinas Islands, South Georgias and South Sandwich Islands,
and the surrounding maritime areas, and urge the United Kingdom of Great Britain
and Northern Ireland to resume negotiations with the Argentine Republic in order to
find, as soon as possible, a fair, peaceful and definitive solution to the dispute, in
accordance with the relevant resolutions of the United Nations and other regional
and international organizations.
27. We call for the implementation of UNGA Resolution 67/4 of 13 November 2012
“Necessity of ending the economic commercial and financial embargo imposed by
the United States of America against Cuba” and, through its implementation,
enabling Cuba to enjoy all the legitimate prospects for its sustained development.
28. We reaffirm that the Chagos Archipelago, including Diego Garcia, which was
unlawfully excised by the former colonial power from the territory of the Republic of
Mauritius in violation of international law and UN Resolutions 1514 (XV) of 14
December 1960 and 2066 (XX) of 16 December 1965, forms an integral part of the
territory of the Republic of Mauritius. In this regard, we note with grave concern
that despite the strong opposition of the Republic of Mauritius, the United Kingdom
purported to establish a ‘marine protected area’ around the Chagos Archipelago
which contravenes international law and further impedes the exercise by the
Republic of Mauritius of its sovereignty over the Archipelago and of the right of
return of Mauritian citizens who were forcibly removed from the Archipelago by the
United Kingdom. We resolve to fully support all peaceful and legitimate measures
already taken and which will be taken by the Government of Mauritius to effectively
exercise its sovereignty over the Chagos Archipelago and, in this respect, call upon
the United Kingdom to expeditiously end its unlawful occupation of the Chagos
Archipelago. We recall, in this regard, the Resolutions / Decisions adopted by the
African Union at the highest political level including Decision
Assembly/AU/Dec.331 (XV) of 27 July 2010 of the AU Assembly and Resolution
Assembly/AU/Res.1(XVI) adopted by the 16thOrdinary Session of the AU
Assembly held in Addis Ababa, Ethiopia, from 30-31 January 2011.”
29. We reaffirm that the Comorian Island of Mayotte, which was unlawfully excised
by the former French colonial power from the territory of the Union of Comoros, in
violation of international law and UN Resolutions and OAU/AU Resolutions and
Decisions, forms an integral part of the territory of the Union of Comoros. In this
regard, we note that this occupation of the Comorian Island of Mayotte
contravenes international law and further impedes the exercise by the Union of
Comoros of its sovereignty over Mayotte. We resolve to fully support all peaceful
and legitimate measures already taken and which will be taken by the Government
of the Union of Comoros to effectively exercise its sovereignty over Mayotte and, to
this end, we call upon France to expeditiously end its unlawful occupation of the
island.
30. We reiterate our commitment to the rights of people to dignity and fundamental
freedoms and our support for democracy. We agree to support, countries in our
regions in their efforts to restore political stability and consolidate the democratic
process and good governance in order to revive their economies, create jobs for
their youth and ensure a better balance as well as the social welfare of these
peoples.
31. We further reiterate our strong condemnation of unconstitutional changes of
government.
32. We reaffirm our commitment to democracy and the protection and promotion of
human rights. Our two regions will hold regular consultations on political issues of
mutual or global interest to facilitate the adoption of coordinated positions that are
likely to enhance their influence within the international system.
33. We further reaffirm our commitment to human rights, including the right to
development, and reiterate that these rights are universal, indivisible and
interdependent, and must be treated in a fair and equitable manner as equal rights
with the same importance. Our two regions will strengthen their consultations to
reach a common position on issues discussed at the UN Human Rights Council
and in other fora where such issues are discussed.
34. We strongly condemn racism, racial discrimination and xenophobia with the
attendant intolerance. We pledge to enhance cooperation between our regions and
to exchange good practices in the fight against all forms of intolerance, in line with
commitments made in the Declaration and Plan of Action, adopted by the World
Conference against Racism held in Durban, South Africa in 2001.
35. We commend the hosting of the I Global African Diaspora Summit in May 23rd
-25th 2012, in Johannesburg, South Africa. The event was an important milestone
in the process of organizing the African diaspora and its growing interaction and
joint efforts with the AU.
36. We recognize the relevance of sports in developing better conditions for social
development of youth, as well as in advancing gender equality and social inclusion,
and we reaffirm its positive impact in the efforts at national, regional and
international levels, to combat all forms of discrimination, including racism and
social discrimination. In this context we agree to consider ways to promote further
cooperation in the field of sports, as a means to create more knowledge,
awareness and cultural links between countries of both regions.
37. We reaffirm our strong commitment to fight terrorism, piracy, drug trafficking,
and other forms of organized crimes, including payment of ransom to terrorist
groups.
38. We reaffirm our commitment to address the world drug problem on the basis of
the principles of common and shared responsibilities, multilateralism and a
comprehensive approach, and, acknowledge the work done by the Council on the
World Drug Problem of UNASUR, we stress the importance of international
cooperation to counter the world drug problem as well as to promote demand
reduction programs and alternative modes of development with social inclusion.
We support the celebration, in early 2016, of a Special Session of the General
Assembly of the United Nations on the World Drug Problem.
39. We reaffirm the principle of inviolability of diplomatic and consular premises
and the obligation of the receiving States to respect what was set up on the Vienna
Convention on Diplomatic Relations of 1961 and the Vienna Convention on
Consular Relations of 1963. Furthermore, we reaffirm that what is stipulated in
International Law, as a result of which Internal Law cannot be invoked to avoid the
compliance or International obligations.
III. COOPERATION IN MULTILATERAL FORA
40. We take note of the progress made by our Member States within the context of
the Millennium Development Goals (MDGs), including advances in the areas of
health, literacy, gender equality and food security. We salute the progress
achieved by Paris Declaration, the Accra Agenda for Action and the Busan
Conference. We reiterate that to overcome the shortcomings and delays in our
efforts towards achieving the MDGs, our governments must maintain strong policy
responses focused on economic diversification and structural transformation in
order to accelerate poverty reduction, create domestic value-added and crosssectoral
linkages, combat unemployment, ensure food security and nutrition, speed
up progress towards reducing infant and maternal mortality, improve gender
equality and give the population greater access to better basic services. We
propose a reflection by the international community on progress made in the
implementation of the MDGs and new accompanying measures after 2015 for
countries that have not achieved these goals
41. We recognize that Africa and South America have great assets for combating
the harmful effects of climate change and for promoting sustainable development
and poverty eradication in both Regions. In this respect, we commend South Africa
for successfully hosting COP 17/CMP 7 in Durban, South Africa, from 28
November to 9 December 2011. In the same vein, we commend Brazil for
successfully hosting the UN Conference on Sustainable Development, Rio+20, in
Rio de Janeiro, Brazil, from 20 to 22 June 2012, which can be regarded as a
decisive step towards the achievement of sustainable development by all
countries.
42. We emphasize the need to continue cooperation between Africa and South
America in international climate change negotiations and agree to further
strengthen the existing coordination and collaboration between the two continents;
43. We stress the importance of the decisions taken at the Rio Conference, in
particular the launching of a process to define Sustainable Development Goals, the
creation of a High Level Political Forum on Sustainable Development, a consensus
on measures to strengthen the United Nations Programme on the Environment
(UNEP), and the work on identifying options towards an effective strategy to
finance sustainable development and towards a facilitation mechanism that
promotes development, transfer and dissemination of clean and environmentally
sound technologies.
44. We take note the approval of the Kyoto protocol amendment during the 18th
Conference of the Parties of the United Nations Framework Convention on Climate
Change, COP-18, held in Doha, Qatar and we emphasize the need to continue
cooperation between Africa and South America in international climate change
negotiations.
45. We take note of Guyana’s initiative in the drive to combat climate “Change”
through the “development” of an innovative “and practical” Low Carbon
Development Strategy (LCDS), which has been recognized “internationally and
particularly” at the Rio+20 meeting as a model initiative, which “can provide the
world with a working example of how immediate action can stimulate the creation
of a low-deforestation, low-carbon, climate-resilient economy”.
46. We welcome the results of CBD/COP-11, particularly those regarding the
increase of international financial flows for biodiversity to developing countries and
stress the importance of South-South and triangular cooperation to accomplish the
objectives of the Strategic Plan for biodiversity 2011-2020. In this regard, we
reaffirm the importance of the collective actions and the critical role played by
indigenous peoples and local communities in the conservation and sustainable use
of biodiversity.
47. We welcome the recent adoption of the new Minamata Convention on mercury,
key step in the further development of international environmental law and the
protection of human health and the environment from the risks of mercury. We
stress the importance of financial, technical, technological, and capacity-building
support for the effective implementation of the Minamata Convention on mercury.
48. We reaffirm our commitment to increase the participation of developing
countries in the decision-making bodies of multilateral institutions to render them
more consistent with the current geopolitical reality.
49. We take note that Africa maintains its common position on the UN Reform, as
stipulated in the Ezulwini Consensus and the Sirte Declaration of the African Union
Assembly of Heads of State and Government of July 2005, and reaffirm our
commitment to the conclusion of the global process of the UN Reform.
50. We welcome the on-going efforts aimed at reforming the United Nations in
order to render the Organization better equipped to deal with the current
challenges to international peace and security. In this regard, we call for the urgent
reform of the Security Council as an essential element of our overall effort to
reform the United Nations. We express support for its enlargement in order to
make it more broadly representative of developing countries, enhance its
efficiency, transparency, legitimacy and its effectiveness. We call for the
revitalization of the United Nations General Assembly and the Economic and
Social Council.
IV. INVESTMENT, TRADE, INDUSTRY AND TOURISM
51. We welcome the fruitful consultations carried out by our two regions in the
context of trade negotiations within the World Trade Organization (WTO) at the
Eighth Ministerial Conference held in Geneva from 15 to 17 December 2011 and
the proceedings of the Thirteenth Session of the United Nations Conference on
Trade and Development (UNCTAD XIII), held in Doha, Qatar from 21 to 26 April
2012. We encourage our two regions to strengthen further their cooperation in the
field of trade.
52. We are convinced that a successful, ambitious, comprehensive and balanced
conclusion of the multilateral trade negotiations under the Doha Development
Round Mandate will contribute to sustainable economic growth, and should be
inclusive and development oriented. The coming WTO Ministerial Conference in
Bali in December should reach a balanced outcome that takes into account the
central role of agriculture for developing countries.
53. Aware of the relevance of the World Trade Organization (WTO) and in light of
the beginning of the process for the selection of its next director-general, we
consider that the quality of our candidates for that position bears testimony to the
commitment of our regions to the purposes and principles of the WTO. We
recognize that the selection process must take into account, besides the merits of
the candidates, that the position should be occupied by a representative of a
developing country, preferably from ASA. To that end, we request our ministers to
instruct our permanent representatives before the WTO to work so as to promote
the selection of a candidate from a developing country in the process for the
selection of the next director-general of the WTO.
54. We welcome the decision of the African Union to endorse the candidature of
Ambassador Farah, of Djibouti, for the post of Director-General of UNESCO. We
agree that the two regions have to work together in support of his candidature.
55. We commit to reinforce our cooperation on issues such as the development of
regional markets and infrastructure, as well as the coordination of policies to create
and strengthen productive capacity, and we encourage the promotion of viable
public-private partnerships, information sharing and promotion of business
opportunities
56. We underscore the vital role of investment and recognize the need for funding
to promote development and sustainable growth and in this regard, agree to
promote policies conducive to investment, both public and private, and also
undertake research projects to foster the development of manufacturing industries,
including small and medium-sized enterprises.
57. We express concern at the recent escalation of the sovereign debt crisis in the
Eurozone which is prolonging the global economic crisis and may adversely affect
African and South American economies. However, we reiterate our call for our
governments to remain vigilant and committed to pursuing a wide range of policies
and strategies that will enable us to overcome the crisis.
58. We reiterate that financial reform should aim to facilitate that investments are
channelled to development objectives and not to speculative activities. We support
a reduction in the mechanical dependency on the Credit Rating Agencies, an
increase in their transparency, accountability and competition amongst them.
Furthermore, we recognize the need to tackle tax havens, which facilitate tax
evasion, corruption and criminal activities and offer an operating base to vulture
funds. Finally, we emphasize the need to put limits to the action of these funds in
order to avoid that their behaviour jeopardize the international financial stability.
59. We stress our commitment to further reforms in international financial
institutions with a view to improving the participation of developing countries in
these organizations, in order to better reflect our increasing relative weight in the
world economy, as well as our interests and views.
60. We emphasize that given the importance of agriculture for the economies of
our regions, the adverse effects of climate change are a cause for concern and
should be factored in all local, national and continental development strategies.
The industrial sector of the economies should be strengthened in order to export
manufactured goods of greater added value and to reduce the dependence on
exports of raw materials, while contributing to sustainable development.
61. We reaffirm the urgent need to articulate policies in order to meet food security,
including access to food. We underscore our commitment and strong will to
elaborate joint studies and experience sharing in the field of food security, aimed at
eradicating hunger in our regions. In this context, we reject distorting policies
adopted by developed countries due to their negative impact on agricultural
production, investment and food rights exercise in developing countries.
62. We further reaffirm the right to food as an established Human Right; and,
therefore, we recognize the need to promote debates leading to an agreed
definition of the concept of food sovereignty to avoid negative repercussions
affecting the enjoyment of the right to food.
63. We further reaffirm our commitment to the multilateral system as a valid tool to
help solve the issue of hunger and poverty. In this regard, we urge developed
countries to fulfil their funding commitments. Further, we highlight our commitment
to reinforce the Committee on World Security (CFS), as a multilateral forum where
all States can discuss alternatives to solve the world food insecurity.
64. We commit to build a productive agenda focused on an inclusive,
environmentally sustainable economic growth that prioritizes local small and
medium farmers production, respecting their traditional methods. We commit to
undertake a joint effort in favour of production, productivity and agricultural
sustainability, resorting to, among other measures, public and private investment,
credit, appropriate technology, inputs, land use planning, crop diversification,
marketing, rational use of water resources, as well as the establishment of strong
agricultural value chains and investment in rural infrastructure.
65. We welcome the decision of the UN Food and Agriculture Organization (FAO)
to appoint His Excellency Evo Morales, President of Bolivia and Mrs. Nadine
Heredia, First Lady of Peru, as special FAO ambassadors for the International
Year of Quinoa, which plays a role in the achievement of food and nutrition security
and in the eradication of poverty and hunger. We also welcome the adoption by
consensus of the resolution GA/RES/66/221, of 22 December 2011, declaring
"2013 as the international year of quinoa", an initiative of the Plurinational State of
Bolivia, and invite countries to support its implementation. We express our
commitment to promote the cultivation of quinoa to fight hunger, in light of its
nutritional properties. We also emphasize the importance of disseminating
information on the qualities of this nutrient, and support research and development
programs.
66. We congratulate the IV World Congress of Quinoa and the I Andean Grain
Symposium, to be held in Ibarra, Ecuador, from 8 to 12 July 2013, which will bring
together experts, scientists, producers and agricultural authorities in order to deal
with the most relevant issues of farming and use of this product.
67. We reaffirm the importance within the World Intellectual Property Organization
(WIPO) of promoting and protecting genetic resources, traditional knowledge and
folklore, as well as disseminating technology and access to knowledge and
education based on the national legislation for the benefit of our countries.
68. We recognize the importance of tourism for the development of our people
because of its cross-sectoral impact on different aspects of our national
economies, more so as tourism development impacts not only the various sectors
of society but also their national and international progress.
V. SCIENCE, TECHNOLOGY AND INFORMATION AND COMMUNICATION
TECHNOLOGY (ICT)
69. We emphasize that since science and technology are essential components of
the industrialization process of both regions, we must develop and implement
initiatives to strengthen our capabilities in these areas. We should share, as much
as possible, our experiences in the formulation and implementation of science and
technological transfer and development policy guidelines in order to meet our
development goals.
70. We support the increase of joint efforts on communication issues to stimulate
and promote mutual understanding and friendship between the two regions,
strengthen the cultural identity of their peoples and promote cultural exchanges
between them.
71. We further encourage the reinforcement of cooperation in the areas of
production and exchange of audio visual, radio and television programmes as well
as the digital library, and to start building a relevant database regarding all matters
of interest to Africa and South America.
VI. PROJECTS APPROVED FOR IMPLEMENTATION
72. We commend the efforts made and outcomes of consultations carried out at
different levels to agree on a large number of projects (twenty-seven) to be
implemented between our two regions. They cover several areas of common
interest, particularly education and culture, peace and security, institution-building,
governance and public administration, trade, investment and tourism,
infrastructure, transport and energy, science and technology, agriculture and the
environment, social issues, health, sport, gender and youth. A complete list of
proposed projects is annexed.
73. We encourage the implementation of projects with existing national and
regional resources as well as with the support of relevant development
international banks and agencies, and without prejudice to other sources of
financing;
74. We congratulate the realization of the Bi-regional Trade Forum and the cultural
events at the margins of the III Summit and request the parties to carry out the
effective follow-up of both initiatives. We welcome the various initiatives
undertaken in the context of the implementation of aspects of the ASA
Implementation Plan 2010-2015, in particular the three Round Tables:
“Infrastructure, Energy and Transport, “Trade and Investment opportunities
between South America and Africa” and “Agriculture and South-South
Cooperation”. We also welcome the cultural events that took place at the sidelines
of the III ASA Summit (the movie festival and photograph exhibition and cultural
troupes). We commend the participants and the Working Groups that put these
events together.
75. We note with appreciation the launching of the 2nd edition of the ASA
bibliographic catalogue: South America and Africa: through our own eyes – books
to discover the two continents.
76. We congratulate the working group on science and technology and ICTs for the
initiative of launching an ASA website (www.asasummit.org), which, at the same
time, will increase public awareness on ASA and will greatly facilitate
communication and exchanges between members. We look forward to the early
circulation of the projects approved by the working group on extending and
integrating research networks among ASA members and the creation of a
programme on food and nutrition security.
77. We approved the amendments to the ASA Implementation Plan and agreed
that the Plan be rolled over for the period 2013-2016 and that some of the projects
can be implemented through the existing frameworks and available resources.
VII. PARTNERSHIP MANAGEMENT
1. Strategic Presidential Committee and ASA Permanent Secretariat
78. We note the establishment of the Strategic Presidential Committee and ASA
Permanent Secretariat aimed at re-invigorating our partnership towards the
attainment of concrete results and deliverables. We also note that the Regulations
provide clarity on the functioning of the Strategic Presidential Committee and ASA
Permanent Secretariat with regard to their mandate and functions, among other
things.
79. We further note that the composition of the Strategic Presidential Committee is
yet to be decided. In this regard, we direct our Senior Officials to address this issue
and report to the next meeting of ASA Ministers.
VIII. FOLLOW-UP MECHANISM
80. We recall the Africa-South America Coordination Group, made up of the two
regional Coordinators and the two Co-Chairs, as well as the African Union
Commission and the Secretariat of the Union of South American Nations, which
constitutes the Follow-up Mechanism and which reports to the High-Level Officials
of both sides and urge Member States to give it the necessary support in the
fulfilment of its mandate.
81. We decide to set up an ad hoc Committee composed by the host countries of
the present Summit, the preceding one and the next one, as well as the regional
coordinators for Africa and South America, the African Union Commission and
UNASUR Secretariat, with a view to carrying out the implementation of the projects
agreed upon in the ASA Summits, as well as the regular activities of the
Mechanism and its Working Groups, while the discussions of the Working Group
referred to in paragraph 6 of the Malabo Ministerial Declaration of 25 November
2011 are being pursued, and until this matter is concluded. This Group shall report
to the High-Level Officials of both sides.
82. While noting the establishment of the Strategic Presidential Committee of ASA
Summit, we stress that the ASA Summit shall be the supreme Organ of the Africa-
South America partnership and that it will approve the fundamental actions of the
Strategic Presidential Committee;
83. We reiterate that the Follow-up Mechanism shall be responsible for proposing
new initiatives, undertaking actions on previously agreed programs and projects,
reviewing the progress of their implementation and disseminating information about
cooperation arrangements.
84. In order to ensure effective implementation of this Declaration and the
Implementation Plan, we urge, as previously decided, that:
I. Ministers shall meet at least once a year to follow-up and monitor the
implementation of decisions;
II. Bi-regional meetings of Senior Officials shall take place once a year, or as
may be necessary, to prepare updates on implementation;
III. The Coordination Group shall meet to follow-up on Ministerial and Summit
decisions and submit recommendations to Summits;
IV. Regular meetings of the various Working Groups shall take place to ensure
the full implementation of agreed projects;
V. In the period between Summits, other meetings shall be held, in the form
and at the level that the Governments of the two regions may decide.
85. We recall the Abuja Plan of Action, which calls for the ASA Summit to be held
every two (2) years and decide that this be changed to three (3) years intervals;
86. We welcome the offer of, and agree to meet in Ecuador for the Fourth Africa -
South America Summit (ASA IV) in 2016.
Done in Malabo on 22nd of February 2013.
Assembly/AU/Res.1(XXV)
Page 1
RESOLUTION ON CHAGOS ARCHIPELAGO
Doc. EX.CL/901(XXVII)
The Assembly,
Recalling the unlawful excision of the Chagos Archipelago, including Diego Garcia,
from the territory of Mauritius by the United Kingdom, the former colonial power, prior
to the independence of Mauritius, in violation of international law and UN Resolutions
1514 (XV) of 14 December 1960 and 2066 (XX) of 16 December 1965 which prohibit
colonial powers from dismembering colonial territories prior to granting
independence, as well as UN Resolutions 2232 (XXI) of 20 December 1966 and
2357(XXII) of 19 December 1967;
Reaffirming that the Chagos Archipelago, including Diego Garcia, forms an integral
part of the territory of the Republic of Mauritius;
Deploring the continued unlawful occupation by the United Kingdom of the Chagos
Archipelago, thereby denying the Republic of Mauritius the exercise of its sovereignty
over the Archipelago and making the decolonization of Africa incomplete;
Recalling in this regard, inter alia:
i) Resolution Assembly/AU/Res. 1 (XVI) of January 2011 of the Assembly
of the African Union held in Addis Ababa, Ethiopia;
ii) the Malabo Declaration adopted by the Third Africa-South America
Summit held in Malabo, Equatorial Guinea in February 2013;
iii) Declaration Assembly/AU/Decl.1 (XXI) of May 2013 of the Assembly of
the African Union held in Addis Ababa, Ethiopia;
iv) the Solemn Declaration on the 50th Anniversary of the OAU/AU adopted
by 21st Ordinary Session of the Assembly of the African Union held in
Addis Ababa, Ethiopia in May 2013.
Reiterating its grave concern that the United Kingdom purported to establish a
„marine protected area‟ („MPA‟) around the Chagos Archipelago, in a manner that
was inconsistent with its international legal obligations and which further impeded the
exercise by the Republic of Mauritius of its sovereignty over the Chagos Archipelago;
Noting that the purported „MPA‟ has been ruled to be illegal by the Arbitral Tribunal
constituted under Annex VII to the United Nations Convention on the Law of the Sea
in the case brought by the Government of the Republic of Mauritius on 20 December
2010 against the Government of the United Kingdom of Great Britain and Northern
Ireland;
Welcoming the confirmation by two members of the Arbitral Tribunal that the
Republic of Mauritius is the “coastal State” in relation to the Chagos Archipelago;
Assembly/AU/Res.1(XXV)
Page 2
Considering that the Government of the Republic of Mauritius is resolutely
committed to taking all appropriate measures for the effective exercise by the
Republic of Mauritius of its sovereignty over the Chagos Archipelago, including Diego
Garcia, in keeping with the principles of international law:
1. WELCOMES the Award of the Arbitral Tribunal constituted under Annex VII to
the United Nations Convention on the Law of the Sea, which is binding on the
United Kingdom, and the confirmation that the purported „MPA‟ has been
unlawfully established under international law;
2. REAFFIRMS that the United Kingdom is not to be treated as the “coastal
State” in relation to the Chagos Archipelago and that any attempt by the
United Kingdom to claim such a status in any international forum is to be
treated as contrary to international law and opposed;
3. REITERATES its support to the Republic of Mauritius in its legitimate pursuit
to effectively exercise its sovereignty over the Chagos Archipelago, including
Diego Garcia;
4. RENEWS its call on the United Kingdom to expeditiously end its unlawful
occupation of the Chagos Archipelago with a view to enabling the Republic of
Mauritius to effectively exercise its sovereignty over the Archipelago;
5. URGES the United Kingdom, pending the return of the Chagos Archipelago to
the effective control of the Republic of Mauritius, not to take any measures or
decisions that might affect the interests of the Republic of Mauritius without
the latter‟s full prior involvement, in accordance with the Award of the Arbitral
Tribunal and international law; and
6. FULLY SUPPORTS further efforts and actions in accordance with
international law, including those of a diplomatic and legal nature at the level
of the United Nations system, which may be taken by the Government of the
Republic of Mauritius for the early and unconditional return of the Chagos
Archipelago, including Diego Garcia, to the effective control of the Republic of
Mauritius.
Assembly/AU/Res.1(XXVIII)
Page 1
RESOLUTION ON CHAGOS ARCHIPELAGO
Doc. EX.CL/994(XXX)
The Assembly,
1. TAKES NOTE of the Report of the Chairperson on the activities of the AU
Commission;
2. HAVING REGARD to the unlawful excision of the Chagos Archipelago,
including Diego Garcia, from the territory of Mauritius by the United Kingdom,
the former colonial power, prior to the independence of Mauritius, in violation of
international law and UN Resolutions 1514 (XV) of 14 December 1960 and 2066
(XX) of 16 December 1965 which prohibit colonial powers from dismembering
colonial territories prior to granting independence, as well as UN Resolutions
2232 (XXI) of 20 December 1966 and 2357(XXII) of 19 December 1967;
3. REAFFIRMS that the Chagos Archipelago, including Diego Garcia, forms an
integral part of the territory of the Republic of Mauritius and that the
decolonization of the Republic of Mauritius will not be complete until it is able to
exercise its full sovereignty over the Chagos Archipelago;
4. RECALLS In this regard the previous resolutions adopted by the Assembly, in
particular, Resolution Assembly/AU/Res.1(XXV) of June 2015 of the Assembly
of the African Union held in Johannesburg, South Africa, expressing its full
support to the efforts and actions in accordance with international law, including
those of a diplomatic and legal nature at the level of the United Nations system,
which may be taken by the Government of the Republic of Mauritius for the early
and unconditional return of the Chagos Archipelago, including Diego Garcia, to
the effective control of the Republic of Mauritius;
5. NOTES that at the request of the Government of the Republic of Mauritius, an
item entitled “Request for an advisory opinion of the International Court of
Justice on the legal consequences of the separation of the Chagos Archipelago
from Mauritius in 1965” has been included in the agenda of the 71st Session of
the United Nations General Assembly and that action on that item is likely to be
taken in June 2017;
6. RESOLVES to fully support the action initiated by the Government of the
Republic of Mauritius at the level of the United Nations General Assembly with
a view to ensuring the completion of the decolonization of the Republic of
Mauritius and enabling the Republic of Mauritius to effectively exercise its
sovereignty over the Chagos Archipelago, including Diego Garcia;
7. DECIDES to remain seized of the matter and REQUESTS the Commission to
report on progress and the implementation of this decision to the Assembly in
July 2017.
Annexes