Title
Community of Sahel-Saharan States Revised Treaty
Preamble
We, the Heads of State and/or Government of :
- The Republic of Benin,
- Burkina Faso,
- The Central African Republic,
- The Union of the Comoros;
- The Republic of Côte d'Ivoire,
- The Republic of Djibouti,
- The Arab Republic of Egypt,
- The State of Eritrea,
- The Republic of Ghana,
- The Republic of Guinea,
- The Republic of Kenya,
- The State of Libya,
- The Republic of Mali,
- The Islamic Republic of Mauritania,
- The Kingdom of Morocco,
- The Republic of Niger,
- The Federal Republic of Nigeria,
- The Republic of Senegal,
- The Republic of Sierra Leone,
- The Republic of Sudan,
- The Federal Republic of Somalia,
- The Republic of Chad,
- The Togolese Republic,
- The Tunisian Republic
meeting in N'Djamena (Chad) in Extraordinary Session:
- Reaffirming our deep commitment to the ideals, principles and purposes of the United Nations;
- Reiterating the adherence of our States to the principles and objectives of human rights, as proclaimed by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples' Rights;
- Deeply committed to the principles of democracy, governance and the rule of law;
- Conscious of the need to develop together all the human and natural resources of our States and to put them at the service of the general well-being of the populations in all fields;
- Convinced that joint action in complementarity is the best way for the integration of our States and our peoples;
- Concerned to preserve peace, stability and security in the Sahel-Saharan space;
- Considering the Treaty of 4 February 1998 establishing the Community of Sahel-Saharan States (CEN-SAD);
- Bearing in mind the Plan of Action and the Lagos Final Act of April 1980, in particular the measures aimed at the economic, social and cultural development of Africa and defining, inter alia, those relating to the creation of subregional structures and the strengthening of existing structures with a view to the gradual and progressive establishment of an African Economic Community;
- Recognizing that efforts towards regional co-operation should neither hinder nor impede other similar efforts to promote the economic integration of the continent and an African common market as a prelude to an African Economic Community;
- Determined to give concrete expression to the desire for economic, political, cultural and social integration in accordance with the relevant provisions of the Constitutive Act of the African Union and the Abuja Treaty of 1991:
- Determined to continue the work accomplished by CEN-SAD, ensuring and deepening its achievements.
Decide to adopt the present revised Treaty of the Community of Sahel-Saharan States (CEN-SAD) and agree on the following:
Body
Chapter 1. Definitions :
Article 1.
For the purposes of this Treaty :
"Member State":
Any Member State of the Community ;
"Community":
The Community of Sahel-Saharan States (CEN-SAD);
"State of the Sahel-Saharan Zone": Any State bordering the Sahara and the Sahel;
"State of the periphery of the Sahel-Saharan Zone":
Any State bordering a State of the Sahel-Saharan Zone or which is attached to it;
"Conference":
The Conference of Heads of State and/or Government provided for in Article 9 of this Treaty;
"President of the Conference":
The current President of the Conference of Heads of State and/or Government of the Community elected in accordance with the provisions of Article 10 of this Treaty;
"Executive Council":
The Council of Ministers of the Community provided for in Article 9 of this Treaty;
"Committee of Ambassadors and Permanent Representatives":
The Committee of Ambassadors and Permanent Representatives of the Member States provided for in Article 9 of this Treaty:
"Economic Council":
The Economic, Social and Cultural Council provided for in Article 9 of this Treaty;
"Executive Secretariat":
The Executive Secretariat provided for in Article 9 of this Treaty,
"Bank."
The Sahelo-Saharan Bank for Investment and Trade provided for in Article 9 of this Treaty;
"Permanent Peace and Security Council":
The Permanent Peace and Security Council provided for in Article 9 of this Treaty;
"Permanent Council for Sustainable Development":
The Permanent Council for Sustainable Development provided for in Article 9 of this Treaty;
"CEN-SAD Security Charter":
Charter adopted in N'Djamena in February 2000 by the Member States of CEN-SAD;
"Committee of High-Level Inspectors":
The Committee responsible for the financial audit of the Community provided for in Article 46 of this Treaty;
"Bodies": The bodies provided for in Article 9(1) of this Treaty;
"Institutions" means the institutions provided for in Article 9(2) of this Treaty.
Chapter II. Establishment, Objectives and Principles
Section I. Establishment and Composition of the Community
Article 2.
By this Revised Treaty, the High Contracting Parties reaffirm the establishment of the Community of Sahel-Saharan States (CEN-SAD).
The members of the Community, hereinafter referred to as the Member States, shall be the States of the Sahel-Saharan Zone or of the periphery of the Sahel-Saharan Zone, members of the United Nations, which have accepted the objectives of the Community and which have ratified this Treaty.
Section II. Objectives of the Community
Article 3.
CEN-SAD shall focus its action in two major areas: regional security and sustainable development. To this end, it shall pursue in particular the following objectives:
a. the preservation and consolidation of peace, security and stability in the CEN-SAD zone;
b. Promotion of political dialogue and the fight against cross-border crime and its related scourges such as trafficking in drugs, arms and human beings, money-laundering and terrorism;
c. combating desertification, drought and climate change through the preservation of natural resources and research in the field of renewable energies;
d. economic, commercial, scientific and socio-cultural cooperation;
e. infrastructure development;
f. the promotion of the free movement of persons, goods and services.
These objectives will be attained by all appropriate means, including through Community sectoral policies adopted by the Conference of Heads of State and/or Government by means of an additional protocol.
Section III. Fundamental Principles of the Community
Article 4.
In pursuit of the objectives set out in Article 3 of this Treaty, and in accordance with Article 4 of the Constitutive Act of the African Union and the relevant provisions of the Treaty establishing the African Economic Community signed in Abuja (Nigeria) on 3 June 1991, the Member States agree to adhere to the following principles:
a. Equality and interdependence of Member States :
b. Solidarity among Member States;
c. Inter-State cooperation, harmonization of policies and programmes among Member States;
d. non-aggression among Member States;
e. recognition, promotion and protection of human and peoples' rights, in accordance with the provisions of the African Charter on Human and Peoples' Rights;
f. Accountability, Economic Justice and Popular Participation in Development;
g. Recognition and respect for the rule of law;
h. Promotion and maintenance of a democratic system of government in each Member State;
i. maintenance of peace and regional stability through the promotion and strengthening of the policy of good neighbourliness;
j. peaceful settlement of disputes between Member States and the promotion of a peaceful environment as a basis for the development of the region.
Section IV. General Commitments
Article 5.
In order to give effect to these fundamental principles, the Member States undertake to :
a. to prevent the use of their territories for activities directed against the national sovereignty and territorial integrity of the States of the Community through the revised Security Charter ;
b. revise the Security Charter with a view to ensuring peace and stability, which are necessary conditions for achieving the Community's objectives;
c. to help each other when necessary and to cooperate in all fields in a spirit of solidarity and fraternity;
d. guarantee security at their respective borders and refrain from interfering in each other's internal affairs or attacking another Member State;
e. refrain from any measure which might jeopardize the attainment of the objectives of the Community;
f. grant the Community and its officials the privileges and immunities recognised by the Vienna Convention on Diplomatic Relations of 18 April 1961;
g. harmonize, as far as possible, their positions on major issues affecting the priority areas of Community action.
Article 6.
In the event of serious breaches of general undertakings by a State of its obligations under this Treaty, the Conference shall refer the matter to it for discussion and appropriate decision.
Chapter III. The Institutional System of the Community
Section I. Status of the Community
Article 7.
The Community shall have legal personality. It shall possess in the territory of each of the Member States :
(a) the legal capacity necessary for the exercise of its functions under this Treaty;
(b) the capacity to engage in legal proceedings, to conclude contracts and to acquire, enjoy or dispose of movable and immovable property.
In the enjoyment of its legal personality, as defined in this Article, the Community shall be represented by the Executive Secretary acting in accordance with the directives addressed to him/her by the Executive Council or the Assembly of Heads of State and/or Government.
Section II. Cooperation
Article 8.
The Community shall, with the authorization of the Executive Council, establish any useful cooperation with international, regional or sub-regional organizations. It may call for technical or financial assistance from any State or any international organization which accepts such assistance to the extent that it is compatible with the objectives defined in this Treaty.
Cooperation and assistance agreements may be concluded with third States or international organizations, in accordance with arrangements to be defined by the Conference of Heads of State and/or Government.
Section III. Organs and Institutions of the Community
Article 9.
The bodies and institutions of the Community shall consist of:
1. Bodies :
a. The Conference of Heads of State and/or Government :
b. The Executive Council ;
c. The Permanent Peace and Security Council;
d. The Permanent Council for Sustainable Development;
e. The Committee of Ambassadors and Permanent Representatives ;
f. The Executive Secretariat ;
g. Or any body which may be established by the Conference of Heads of State and/or Government under an additional protocol.
2. Institutions :
a. The Economic, Social and Cultural Council ;
b. The Sahel-Saharan Bank for Investment and Trade :
c. or any other institution which may be established by the Conference of Heads of State and/or Government under an additional protocol.
These organs and specialized agencies shall act within the limits of the powers conferred on them by this Treaty and in accordance with the conditions and procedures laid down herein.
Part 1. The Conference of Heads of State and/or Government
Article 10.
The Conference of Heads of State and/or Government is the supreme organ of the Community. It shall be responsible for guiding and supervising integration policy.
It shall meet in ordinary session once a year. It may meet in extraordinary session on the initiative of its President or at the request of a Member State, subject to the approval of that request by an absolute majority of the Member States.
The chairmanship of the Conference shall be held annually by one of the Heads of State and/or Government designated by their peers.
Article 11.
As the supreme organ of the Community, the Conference is responsible for the overall direction and control of the Community. In this capacity it :