(c) Improve their information and recruitment services in order to facilitate, in particular, the search for, and recruitment of African experts;
(d) Encourage consultancy agencies to promote the use of African experts and the development of local consultancy services; and
(e) Adopt employment policies that shall allow the free movement of persons within the Community by strengthening and establishing labour exchanges aimed at facilitating the employment of available skilled manpower of one Member State in other Member States where there are shortages of skilled manpower.
Article 72. Social Affairs
1. Member States agree to ensure the full participation and rational utilisation of their human resources in their development efforts with a view to eliminating other social scourges plaguing the continent.
2. To this end they undertake to:
(a) Encourage the exchange of experiences and information on literacy, vocational training and employment;
(b) Harmonize gradually their labour and social security legislation with a view to eliminating poverty and promoting balanced socio-economic development within the Community;
(c) Take necessary measures for the survival and development of the child and the protection of the child against abuse, neglect and exploitation;
(d) Provide disabled persons with adequate training likely to facilitate their social integration and enable them contribute to the attainment of the objectives of the Community;
(e) Create conditions conducive to the training of young school leavers, and other youth, in order to enable them to be gainfully employed;
(f) Adopt, coordinate and harmonize their policies with a view to ensuring a decent life for the aged; and (g) harmonize their efforts to put an end to the illegal production, trafficking and use of narcotic drugs and psycho4ropic substances and formulate sensitization and rehabilitation programmes in this field.
Article 73. Health
1. Member States agree to promote and increase co-operation among themselves in the field of health.
2. To this end, they shall cooperate in developing primary health care, promoting medical research, particularly in the field of African traditional medicine and pharmacopoeia.
Article 74. Population and Development
1. Member States undertake to adopt, individually and collectively, national population policies and mechanisms and take all necessary measures in order to ensure a balance between population growth and socio-economic development.
2. To this end, Member States agree to:
(a) Include population issues as central elements for formulating and implementing national policies and programmes for accelerated and balanced socio-economic development;
(b) Formulate national population policies and establish national population institutions;
(c) Undertake public sensitization on population matters, particularly, among the target groups; and
(d) Collect, analyse and exchange information and data on population issues.
Article 75. Women and Development
1. Member States agree to formulate, harmonize, coordinate and establish appropriate policies and mechanisms for the full development of the African woman through the improvement of her economic, social and cultural conditions.
2. To this end, Member States shall take all measures necessary to ensure greater integration of women in development activities within the Community.
Article 76. Protocols on Human Resources, Social Affairs, Health and Population
For the purposes of this Chapter, Member States undertake to cooperate in accordance with the provisions of the Protocols on Human Resources, Social Affairs, Health and Population.
Chapter XIV. Co-operation In other Fields
Article 77. Harmonisation of Policies In other Fields
Subject to the provisions of this Treaty, Member States agree to consult with one another, through appropriate Community organs, for the purpose of harmonising their respective policies in other fields for the efficient functioning and development of the Community and for the implementation of the provisions of this Treaty.
Chapter XV. Special Provisions In Respect of Certain Countries
Article 78. Special Provisions In Respect of Botswana, Lesotho, Namibia and Swaziland
1. Member States, recognising the exceptional situation of Botswana, Lesotho, Namibia and Swaziland within the Community and their membership in the Southern Africa Customs Union, agree to grant them temporary exemption from the full application of certain provisions of this Treaty.
2. For this purpose, Member States shall adopt a Protocol on the Exceptional Situation of Botswana, Lesotho, Namibia and Swaziland.
Article 79. Special Provisions In Respect of the Least Developed, Landlocked, Semi-landlocked and Island Countries
1. Member States, taking into consideration the special economic and social difficulties that may arise in certain Member States and especially the least developed, land-locked, semi4and-locked and island countries, shall grant them, where appropriate, special treatment in respect of the application of certain provisions of this Treaty, and shall accord them any other assistance that they may need.
2. The special treatment and assistance referred to in paragraph 1 of this Article may consist, inter alia of:
(a) Temporary exemptions from the full application of certain provisions of this Treaty; and
(b) Assistance from the Fund.
3. For purposes of this Chapter, Member States agree to adopt a protocol on the situation of the least developed, land-locked, semi-land-locked and island countries.
Chapter XVI. Solidarity, Development and Compensation Fund
Article 80. Establishment
1. A Solidarity, Development and Compensation Fund of the Community is hereby established.
Article 81. Objectives and Statutes of the Fund
1. The Statutes of the Fund shall be established by the Assembly in a Protocol relating thereto.
2. The Statutes shall determine, inter alia, the objectives, the authorised capital stock, resources of the Fund, contributions of Member States, the currencies in which contributions shall be paid, the functioning, organisation and management of the Fund and any other related matters.
Chapter XVII. Financial Provisions
Article 82. Regular Budget of the Community
1. The annual regular budget of the Community, which constitutes an integral part of the OAU regular budget, shall be prepared by the Secretary-General and approved by the Assembly upon the recommendation of the Council.
2. The budget shall be funded by contributions made by Member States in accordance with the scale of assessment of the OAU. Upon the recommendation of the Council, the Assembly shall determine the conditions under which the financial contributions of Member States may be supplemented or, where necessary replaced by the proper resources of the Community.
Article 83. Special Budgets
Special budgets shall be made available, where necessary, to meet the extrabudgetary expenditure of the Community. The Assembly shall determine the contributions of Member States to special budgets of the Community.
Article 84. Sanctions Relating to Non-payment of Contributions
1. Upon the decision of the Assembly, any Member State of the Community having arrears in the payment of its contribution to the budget of the Community, shall not have the right to vote or participate in taking decisions of the Community if the amount of its arrears is equal to, or is in excess of the contribution payable by such State for the last preceding two financial years. Such Member State shall cease to enjoy other benefits arising by virtue of this Treaty as well as the right to address meetings. In addition, it shall lose the right to present candidates for vacant posts within the Community and shall not be eligible for office in the deliberative organs of the Community. The Assembly may, where necessary, impose other sanctions on a Member State for non-payment of contributions.
2. Notwithstanding the provisions of paragraph 1 of this Article, the Assembly
May suspend the application of the provisions of the said paragraph if it is satisfied, on the basis of a satisfactory explanatory report by the Member State through the Secretary-General, that the non-payment of contributions is due to causes and circumstances beyond the control of the said Member State.
3. The Assembly shall decide on the modalities for the application of this Article.
Article 85. Financial Rules and Regulations
The Financial Rules and Regulations of the OAU shall govern the application of the provisions of this Chapter.
Article 86. Board of External Auditors
The selection procedure, terms of appointment, and duties and responsibilities of the Board of External Auditors shall be defined in the financial rules and regulations.
Chapter XVIII. Settlement of Disputes
Article 87. Procedure for the Settlement of Disputes
1. Any dispute regarding the interpretation of the application of the provisions of this Treaty shall be amicably settled through direct agreement by the parties to the dispute. If the parties concerned fail to settle such dispute, either party may, within a period of twelve (12) months, refer the matter to the Court of Justice.
2. The decisions of the Court of Justice shall be final and shall not be subject to appeal.
Chapter XIX. Relations between the Community and Regional Economic Communities, Regional Continental Organisations and other Socio-economic Organisations and Associations
Article 88. Relations between the Community and Regional Economic Communities
1. The Community shall be established mainly through the co-ordination, harmonisation and progressive integration of the activities of regional economic communities.
2. Member States undertake to promote the co-ordination and harmonisation of the integration activities of regional economic communities of which they are members with the activities of the Community, it being understood that the establishment of the latter is the final objective towards which the activities of existing and future regional economic communities shall be geared.
3. To this end, the Community shall be entrusted with the co-ordination, harmonisation and evaluation of the activities of existing and future regional economic communities.
4. Member States undertake, through their respective regional economic communities, to coordinate and harmonize the activities of their sub-regional organisations, with a view to rationalising the integration process at the level of each region.
Article 89. Relations between the Community and African Continental Organisations
The Community shall closely cooperate with African continental organisations including, in particular, the African development Bank and African Centre for Monetary Studies in order to ensure the attainment of regional and continental integration objectives. It may conclude co-operation agreements with these Organisations.
Article 90. Relations between the Community and African Non-governmental Organisations
1. The Community, in the context of mobilising the human and material resources of Africa, shall establish relations of co-operation with African Non-Governmental organisations, with a view to encouraging the involvement of the African peoples in the process of economic integration and mobilising their technical, material and financial support.
2. To this end, the Community shall set up a mechanism for consultation with such Non-Governmental organisations.
Article 91. Relations between the Community and Socio-economic Organisations and Associations
1. The Community, in the context of mobilising the various actors of socioeconomic life, shall establish relations of co-operation with socio-economic organisations and associations including mainly, producers, transport operators, workers, employers, youth, women, artisans and other professional organisations and associations with a view to ensuring their involvement in the integration process of Africa.
2. To this end, the Community shall set up a mechanism for consultation with such socio-economic organisations and associations.
Chapter XX. Relations between the Community, Third States and International Organisations
Article 92. Co-operation Agreements
1. The Community may conclude co-operation agreements with third States.
2. In the pursuit of its objectives, the Community shall ensure the establishment of relations of co-operation with the United Nations System, particularly, the United Nations Economic Commission for Africa, specialised agencies of the United Nations and any other international organisation, with a view to attaining the objectives of the Community.
3. Co-operation Agreements to be concluded pursuant to the provisions of Paragraphs 1 and 2 of this Article shall be submitted to the Assembly for approval upon the recommendation of the Council.
Chapter XXI. Relations between Member States, Third States, Regional and Sub-regional Organisations and International Organisations
Article 93. Agreements Concluded by Member States
1. Member States may conclude economic, technical or cultural agreements with one or several Member States, and with Third States, regional and subregional organisations or any other international organisation, provided that such agreements are not incompatible with the provisions of this Treaty. They shall transmit such agreements to the Secretary-General who shall inform the Council thereof.
2. In the event of incompatibility of agreements concluded, prior to the entry into force of this Treaty among Member States or between the Member States and Third States, sub-regional or regional organisations or any other international organisation, with the provisions of this Treaty, the Member State or Member States concerned shall take the appropriate steps to eliminate such incompatibility. To this end, Member States shall, where necessary, assist each other and adopt a common position.
Article 94. International Negotiations
1. Member States undertake to formulate and adopt common positions within the Community on issues relating to international negotiations in order to promote and safeguard the interests of Africa.
2. To this end, the Community shall prepare studies and reports designed to help Member States to better harmonize their positions on the said issues.
Article 95. Protocols on Chapters Xix, Xx and Xxi
Member States hereby agree to conclude the Protocols relating to Chapters XIX, XX and XXI of this Treaty.
Chapter XXII. Miscellaneous Provisions
Article 96. Headquarters of the Community
The Headquarters of the Community shall be one and the same as that of the OAU.
Article 97. Working Languages
The working languages of the Community shall be the same as those of the OAU.
Article 98. Legal Status
1. The Community shall form an integral part of the OAU.
2. In his capacity as the legal representative of the Community the Secretary-General may, on behalf of the Community:
(a) Enter into contracts; and
(b) Be a party to judicial and other legal proceedings.
3. Subject to prior approval of the Council, the Secretary-General may, on behalf of the Community:
(a) Acquire and dispose movable and immovable property;
(b) Borrow; and
(c) Accept donations, bequests and gifts.
Article 99. The Treaty and the Protocols
This Treaty and the Protocols shall form an integral part of the OAU Charter.
Article 100. Signature and Ratification
This Treaty, and the Protocols, shall be signed and ratified by the High Contracting Parties in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited with the Secretary-General of the OAU.
Article 101. Entry Into Force
This Treaty shall enter into force thirty (30) days after the deposit of the Instruments of ratification by two-thirds of the Member States of the OAU.
Article 102. Accession and Admission
1. Any Member State of the OAU may notify the Secretary-General of its intention to accede to this Treaty.
2. The Secretary-General shall, upon receipt of such notification, transmit copies thereof to all Member States. Admission shall be decided by a simple majority of Member States which shall transmit their votes to the Secretary-General. Upon receipt of the required number of votes, the Secretary-General shall transmit the decision of admission to the concerned Member State.
Article 103. Amendment and Revision of the Treaty
1. Any Member State may submit proposals for the amendment or revision of this Treaty.
2. Proposals for amendment or revision shall be submitted to the Secretary-General who shall transmit the same to Member States within thirty (30) days of receipt thereof at the Headquarters of the Community.
3. The Assembly, upon the advice of the Council, shall examine these proposals at its next meeting within a period of one year, following notification of Member States in accordance with the provisions of paragraph 2 of this Article.
4. Amendments or revisions shall be adopted by the Assembly by consensus or, failing that, by a two-thirds majority and submitted for ratification by all Member States in accordance with their respective constitutional procedures. They shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the Member States with the Secretary-General of the OAU.
Article 104. Withdrawal
1. Any Member State wishing to withdraw from the Community shall notify by giving one-year notice in writing, to the Secretary-General who shall inform Member States thereof. Upon the expiration of such a period, that Member State shall, if the notice is not withdrawn, cease to be a Member of the Community.
2. During the period of one year referred to in paragraph 1 of this Article, any Member State wishing to withdraw from the Community shall comply with the provisions of this Treaty and shall be bound to discharge its obligations under this Treaty up to the date of its withdrawal.
Article 105. Dissolution
The Assembly may decide to dissolve the Community and determine the terms and conditions for sharing of the latter's assets and liabilities.
Article 106. Depository of the Treaty
1. This Treaty, drawn up in four (4) original texts in the Arabic, English, French and Portuguese languages, all four (4) texts being equally authentic, shall be deposited with the Secretary-General of the OAU who shall transmit a certified true copy thereof to the Government of each signatory State.
2. The Secretary-General shall notify Member States of the dates of deposit of the instruments of ratification or accession and shall upon the entry into force of this Treaty register the same with the Secretariat of the United
Nations.
Conclusion
IN WITNESS WHEREOF, WE, Heads of State and Government of Member States of the Organisation of African Unity have signed this Treaty.
Done at Abuja, Nigeria on the Third of June Nineteen Hundred and Ninety One.