Treaty Establishing the African Economic Community (1991)
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Title

TREATY ESTABLISHING THE AFRICAN ECONOMIC COMMUNITY

Preamble

PREAMBLE

We, the Heads of State and Government of the Member States of the Organisation of African Unity (OAU);

1. The President of the People's Democratic Republic of Algeria

2. The President of the People's Republic of Angola

3. The President of the Republic of Benin

4. The President of the Republic of Botswana

5. The President of the Republic 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 Federal Islamic Republic of the Comoros

11. The President of the People's Republic of Congo

12. The President of the Republic of Cote d'Ivoire

13. The President of the Republic of Djibouti

14. The President of the Arab Republic of Egypt

15. The President of the People's Democratic Republic of Ethiopia

16. The President of the Republic of Equatorial Guinea

17. The President of the Republic of Gabon

18. The President of the Republic of the Gambia

19. The President of the Republic of Ghana

20. The President of the Republic of Guinea

21. The President of the Republic of Guinea Bissau

22. The President of the Republic of Kenya

23. The King of Lesotho

24. The President of the Republic of Liberia

25. The Leader of the 1st of September Revolution of the Great Socialist People's Libyan Arab Jamahiriya

26. The President of the Republic of Madagascar

27. The President of the Republic of Malawi

28. The President of the Republic of Mali

29. The President of the Islamic Republic of Mauritania

30. The Prime Minister of the Republic of Mauritius

31. The President of the Republic of Mozambique

32. The President of the Republic of Namibia

33. The President of the Republic of Niger

34. The President of the Federal Republic of Nigeria

35. The President of the Republic of Rwanda

36. The President of Sahrawi Democratic Arab Republic

37. The President of the Republic of Sao Tome and Principe

38. The President of the Republic of Senegal

39. The President of the Republic of Seychelles

40. The President of the Republic of Sierra Leone

41. The President of the Republic of Somalia

42. The President of the Republic of the Sudan

43. The King of Swaziland

44. The President of the United Republic of Tanzania

45. The President of the Republic of Tchad

46. The President of the Republic of Togo

47. The President of the Republic of Tunisia

48. The President of the Republic of Uganda

49. The President of the Republic of Zaire

50. The President of the Republic of Zambia

51. The President of the Republic of Zimbabwe

MINDFUL of the principles of international law governing relations between States;

BEARING IN MIND the principles and objectives set forth in the Charter of the Organisation of African Unity;

CONSCIOUS of our duty to develop and utilise the human and natural resources of the Continent for the general well-being of our peoples in all fields of human endeavour;

RECOGNIZING the various factors which hinder the development of the Continent and seriously jeopardise the future of its peoples;

HAVING REGARD to the various resolutions and declarations adopted by our Assembly in Algiers in September 1968, in Addis Ababa in August 1970 and May 1973 providing that the economic integration of the Continent is a pre-requisite for the realisation of the objectives of the OAU;

HAVING REGARD to our decision taken in Libreville in July 1977 endorsing the Kinshasa Declaration adopted by our Council of Ministers in December 1976 concerning the establishment of an African Economic Community, objective to be attained in successive stages;

CONSIDERING the Monrovia Declaration of Commitment on the Guidelines and Measures for National and Collective Self-reliance in Economic and Social Development for the Establishment of a New International Order and which, inter-alia, calls for the Creation of an African Common Market as a prelude to an African Economic Community;

CONSIDERING FURTHER the Lagos Plan of Action and the Final Act of Lagos of April 1980 reaffirming our Commitment to establish, by the year 2000, an African Economic Community in order to foster the economic, social and cultural integration of our Continent;

FINALLY CONSIDERING our Declaration made on the occasion of the Twenty-fifth Anniversary of the OAU and, in particular, the reaffirmation of our commitment and our determination to take the necessary steps to accelerate the establishment of the proposed African Economic Community;

NOTING that the efforts already made in the sub-regional and regional sectoral economic co-operation are encouraging and justify a larger and fuller economic integration;

NOTING the need to share, in a equitable and just manner, the advantages of cooperation among Member States in order to promote a balanced development in all parts of the Continent;

Have decided to establish an African Economic Community constituting an integral

Part of the OAU and hereby agree as follows:

Body

Chapter 1. Definitions

Article 1. For the Purpose of this Treaty

(a) Treaty shall mean the present Treaty;

(b) Protocol shall mean an instrument of implementation of the Treaty having the same legal force as the latter;

(c) Community shall mean the organic structure for economic integration established under Article 2 of this Treaty and constituting an integral part of the OAU;

(d) Region shall mean an OAU region as defined by Resolution CM/Res.464 QCXVI) of the OAU Council of Ministers concerning the Division of Africa into five (5) regions namely North Africa, West Africa, Central Africa, East Africa and Southern Africa;

(e) Sub-region shall mean at least three (3) States of one or more regions as defined in paragraph 1(d) of this Article;

(f) Member States shall mean a Member State of the Community;

(g) Third State shall mean any State other than a Member State;

(h) Assembly shall mean the Assembly of Heads of State and Government of the OAU as provided for in Articles 7 and 8 of this Treaty,

(i) Council shall mean the Council of Ministers of the OAU as provided for in Articles 7 and 11 of this Treaty;

(j) Pan-African Parliament shall mean the parliamentary assembly established under Articles 7 and 14 of this Treaty;

(k) Commission shall mean the Economic and Social Commission of the OAU as provided for under Articles 7 and 15 of this Treaty;

(l) Committee shall mean any specialised technical committee established under Articles 7 and 25 of this Treaty or in pursuance thereof;

(m) Court of Justice shall mean the Court of Justice of the Community constituted under Articles 7 and 18 of this Treaty;

(n) Secretariat shall mean the General Secretariat of the OAU provided for in Articles 7 and 21 of this Treaty;

(o) Secretary-General shall mean the Secretary-General of the OAU as provided for in Article 23 of this Treaty;

(p) Customs Duty shall mean protective customs duties and charges having equivalent effect, levied on goods for their importation;

(q) Export Duties and Taxes shall mean export duties and charges having equivalent effect, levied on goods for their exportation;

(r) Customs Duties and Taxes shall mean all duties and taxes as defined in paragraphs (p) and (q) of this Article;

(s) Non-Tariff Barriers shall mean barriers which hamper trade and which are caused by obstacles other than fiscal obstacles;

(t) Intra-Community Trade System shall mean the system under which advantages are accorded to the goods referred to in Paragraph 1, Article 33 of this Treaty;

(u) Goods in Transit shall mean goods being transported between two Member States or between a Member State and a third State and passing through one or more Member States;

(v) Barter Agreement or Compensatory Exchanges shall mean any agreement under which goods and services imported into a Member State may be paid for in full or in part by direct exchange of goods and services;

(w) Fund shall mean the Solidarity, Development and Compensation Fund of the Community established pursuant to Article 80 of this Treaty; and

(x) Person shall mean a natural or legal person.

Chapter II. Establishment, Principles, Objectives, General Undertaking and Modalities

Article 2. Establishment of the Community

THE HIGH CONTRACTING PARTIES hereby establish among themselves an African Economic Community (AEC).

Article 3. Principles

THE HIGH CONTRACTING PARTIES, in pursuit of the objectives stated in Article 4, of this Treaty solemnly affirm and declare their adherence to the following principles:

(a) Equality and inter-dependence of Member States;

(b) Solidarity and collective self-reliance;

(c) Inter-State co-operation, harmonisation of policies and integration of programmes;

(d) Promotion of harmonious development of economic activities among Member States;

(e) Observance of the legal system of the Community;

(f) Peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a pre-requisite for economic development;

(g) Recognition, promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights; and

(h) Accountability, economic justice and popular participation in development.

Article 4. Objectives

1. The objectives of the Community shall be:

(a) To promote economic, social and cultural development and the integration of African economies in order to increase economic selfreliance and promote an endogenous and self-sustained development;

(b) To establish, on a continental scale, a framework for the development, mobilisation and utilisation of the human and material resources of Africa in order to achieve a self-reliant development;

(c) To promote co-operation in all fields of human endeavour in order to raise the standard of living of African peoples, and maintain and enhance economic stability, foster close and peaceful relations among Member States and contribute to the progress, development and the economic integration of the Continent; and

(d) To coordinate and harmonize policies among existing and future economic communities in order to foster the gradual establishment of the Community.

2. In order to promote the attainment of the objectives of the Community as set out in paragraph I of this Article, and in accordance with the relevant provisions of this Treaty, the Community shall, by stages, ensure:

(a) The strengthening of existing regional economic communities and the establishment of other communities where they do not exist;

(b) The conclusion of agreements aimed at harmonising and coordinating policies among existing and future sub-regional and regional economic communities;

(c) The promotion and strengthening of joint investment programmes in the production and trade of major products and inputs within the framework of collective self-reliance;

(d) The liberalisation of trade through the abolition, among Member States, of Customs Duties levied on imports and exports and the abolition, among Member States of Non-Tariff Barriers in order to establish a free trade area at the level of each regional economic community;

(e) The harmonisation of national policies in order to promote Community activities, particularly in the fields of agriculture, industry, transport and communications, energy, natural resources, trade, money and finance, human resources, education, culture, science and technology;

(f) The adoption of a common trade policy vis-a-vis third States;

(g) The establishment and maintenance of a common external tariff;

(h) The establishment of a common market;

(i) The gradual removal, among Member States, of obstacles to the free movement of persons, goods, services and capital and the right of residence and establishment;

(j) The establishment of a Community Solidarity, Development and Compensation Fund;

(k) The granting of special treatment to Member States classified as least developed countries and the adoption of special measures in favour of land-locked, semi-land-locked and island countries;

(l) The harmonisation and rationalisation of the activities of existing African multinational institutions and the establishment of such institutions, as and when necessary, with a view to their possible transformation into organs of the Community;

(m) The establishment of appropriate organs for trade in agricultural and cultural products, minerals, metals, and manufactured and semimanufactured goods within the Community;

(n) The establishment of contacts and the promotion of information flow among trading organisations such as State commercial enterprises, export promotion and marketing bodies, chambers of commerce, associations of businessmen, and business and advertising agencies;

(o) The harmonisation and co-ordination of environmental protection policies; and

(p) Any other activity that Member States may decide to undertake jointly with a view to attaining the objectives of the Community.

Article 5. General Undertakings

1. Member States undertake to create favourable conditions for the development of the Community and the attainment of its objectives, particularly by harmonising their strategies and policies. They shall refrain from any unilateral action that may hinder the attainment of the said objectives.

2. Each Member State shall, in accordance with its constitutional procedures, take all necessary measures to ensure the enactment and dissemination of such legislation as may be necessary for the implementation of the provisions of this Treaty.

3. Any Member State, which persistently fails to honour its general undertakings under this Treaty or fails to abide by the decisions or regulations of the Community, may be subjected to sanctions by the Assembly upon the recommendation of the Council. Such sanctions may

Include the suspension of the rights and privileges of membership and may be lifted by the Assembly upon the recommendation of the Council.

Article 6. Modalities for the Establishment of the Community

1. The Community shall be established gradually in six (6) stages of variable duration over a transitional period not exceeding thirty-four (34) years.

2. At each such stage, specific activities shall be assigned and implemented concurrently as follows:

(a) First Stage:

Strengthening of existing regional economic communities and, within a period not exceeding five (5) years from the date of entry into force of this Treaty, establishing economic communities in regions where they do not exist;

(b) Second Stage:

(i) At the level of each regional economic community and within a period not exceeding eight (ii) years, stabilising Tariff Barriers and Non-Tariff Barriers, Customs Duties and internal taxes existing at the date of entry into force of this Treaty; there shall also be prepared and adopted studies to determine the time-table for the gradual removal of Tariff Barriers and NonTariff Barriers to regional and intra-Community trade and for the gradual harmonisation of Customs Duties in relation to third States;

(ii) Strengthening of sectoral integration at the regional and continental levels in all areas of activity particularly in the fields of trade, agriculture, money and finance, transport and communications, industry and energy; and

(iii) Co-ordination and harmonisation of activities among the existing and future economic communities.

(c) Third Stage:

At the level of each regional economic community and within a period not exceeding ten (10) years, establishment of a Free Trade Area through the observance of the time-table for the gradual removal of Tariff Barriers and Non-Tariff Barriers to intra-community trade and the establishment of a Customs Union by means of adopting a common external tariff.

(d) Fourth Stage:

Within a period not exceeding two (2) years, co-ordination and harmonisation of tariff and non-tariff systems among the various regional economic communities with a view to establishing a Customs Union at the continental level by means of adopting a common external tariff.

Page 1 Next page
  • Chapter   1 Definitions 1
  • Article   1 For the Purpose of this Treaty 1
  • Chapter   II Establishment, Principles, Objectives, General Undertaking and Modalities 1
  • Article   2 Establishment of the Community 1
  • Article   3 Principles 1
  • Article   4 Objectives 1
  • Article   5 General Undertakings 1
  • Article   6 Modalities for the Establishment of the Community 1
  • Chapter   III Organs of the community 2
  • Article   7 Organs 2
  • Article   8 The assembly of heads of state and government 2
  • Article   9 Meetings 2
  • Article   10 Decisions 2
  • Article   11 The council of ministers composition, functions and powers 2
  • Article   12 Meetings 2
  • Article   13 Regulations 2
  • Article   14 The pan-african parliament 2
  • Article   15 Economic and social commission composition and participation 2
  • Article   16 Functions 2
  • Article   17 Meetings 2
  • Article   18 Court of justice constitution and functions 2
  • Article   19 Decisions of the court 2
  • Article   20 Organisation 2
  • Article   21 Composition general secretariat 2
  • Article   22 Functions of the secretary-general 2
  • Article   23 Appointments 2
  • Article   24 Relations between the staff of the community and member states 2
  • Article   25 Specialised technical committees establishment and composition 2
  • Article   26 Functions 2
  • Article   27 Meetings 3
  • Chapter   IV Regional economic communities 3
  • Article   28 Strengthening of regional economic communities 3
  • Chapter   V Customs union and liberalisation of trade 3
  • Article   29 Customs union 3
  • Article   30 Elimination of customs duties among member states of regional economic communities 3
  • Article   31 Elimination of non-tariff barriers to intra-community trade 3
  • Article   32 Establishment of a common external customs tariff 3
  • Article   33 System of intra-community trade 3
  • Article   34 Internal taxes 3
  • Article   35 Exceptions and safeguard clauses 3
  • Article   36 Dumping 3
  • Article   37 Most favoured nation treatment 3
  • Article   38 Re-export of goods and intra-community transit facilities 3
  • Article   39 Customs co-operation and administration 3
  • Article   40 Trade documents and procedures 3
  • Article   41 Diversion of trade arising from barter or compensatory exchange agreement 3
  • Article   42 Trade promotion 3
  • Chapter   VI Free movement of persons, rights of residence and establishment 3
  • Article   43 General provisions 3
  • Chapter   VII Money, finance and payments 3
  • Article   44 Monetary, financial and payment policies 3
  • Article   45 Movement of capital 3
  • Chapter   VIII Food and agriculture 3
  • Article   46 Agricultural development and food production 3
  • Article   47 Protocol on food and agriculture 3
  • Chapter   IX Industry, science, technology, energy, natural resources and environment 3
  • Article   48 Industry 3
  • Article   49 Industrial development 3
  • Article   50 Protocol on industry 4
  • Article   51 Science and technology 4
  • Article   52 Scientific research and technological programmes 4
  • Article   53 Protocol on science and technology 4
  • Article   54 Energy and natural resources 4
  • Article   55 Energy 4
  • Article   56 Natural resources 4
  • Article   57 Protocol on energy and natural resources 4
  • Article   58 Environment 4
  • Article   59 Control of hazardous wastes 4
  • Article   60 Protocol on the environment 4
  • Chapter   X Transport, communication and tourism 4
  • Article   61 Transport and communications 4
  • Article   62 Community enterprises in the field of transport 4
  • Article   63 Posts and telecommunications 4
  • Article   64 Broadcasting 4
  • Article   65 Tourism 4
  • Article   66 Protocol on transport, communication and tourism 4
  • Chapter   XI Standardisation and measurement systems 4
  • Article   67 Common policy on standardisation and measurement systems 4
  • Chapter   XII Education, training and culture 4
  • Article   68 Education and training 4
  • Article   69 Culture 4
  • Article   70 Protocol on education, training and culture 4
  • Chapter   XIII Human resources, social affairs, health and population 4
  • Article   71 Human resources 4
  • Article   72 Social affairs 5
  • Article   73 Health 5
  • Article   74 Population and development 5
  • Article   75 Women and development 5
  • Article   76 Protocols on human resources, social affairs, health and population 5
  • Chapter   XIV Co-operation in other fields 5
  • Article   77 Harmonisation of policies in other fields 5
  • Chapter   XV Special provisions in respect of certain countries 5
  • Article   78 Special provisions in respect of botswana, lesotho, namibia and swaziland 5
  • Article   79 Special provisions in respect of the least developed, landlocked, semi-landlocked and island countries 5
  • Chapter   XVI Solidarity, development and compensation fund 5
  • Article   80 Establishment 5
  • Article   81 Objectives and statutes of the fund 5
  • Chapter   XVII Financial provisions 5
  • Article   82 Regular budget of the community 5
  • Article   83 Special budgets 5
  • Article   84 Sanctions relating to non-payment of contributions 5
  • Article   85 Financial rules and regulations 5
  • Article   86 Board of external auditors 5
  • Chapter   XVIII Settlement of disputes 5
  • Article   87 Procedure for the settlement of disputes 5
  • Chapter   XIX Relations between the community and regional economic communities, regional continental organisations and other socio-economic organisations and associations 5
  • Article   88 Relations between the community and regional economic communities 5
  • Article   89 Relations between the community and african continental organisations 5
  • Article   90 Relations between the community and african non-governmental organisations 5
  • Article   91 Relations between the community and socio-economic organisations and associations 5
  • Chapter   XX Relations between the community, third states and international organisations 5
  • Article   92 Co-operation agreements 5
  • Chapter   XXI Relations between member states, third states, regional and sub-regional organisations and international organisations 5
  • Article   93 Agreements concluded by member states 5
  • Article   94 International negotiations 5
  • Article   95 Protocols on chapters xix, xx and xxi 5
  • Chapter   XXII Miscellaneous provisions 5
  • Article   96 Headquarters of the community 5
  • Article   97 Working languages 5
  • Article   98 Legal status 5
  • Article   99 The treaty and the protocols 5
  • Article   100 Signature and ratification 5
  • Article   101 Entry into force 5
  • Article   102 Accession and admission 5
  • Article   103 Amendment and revision of the treaty 5
  • Article   104 Withdrawal 5
  • Article   105 Dissolution 5
  • Article   106 Depository of the treaty 5