a. defines the broad lines of Community policy;
b. gives guidelines for the harmonization and coordination of policies in the priority areas of Community action;
c. supervises the operation of the Community's institutions and monitors the achievement of the Community's objectives;
d. appoint the Executive Secretary and the Deputy Executive Secretary in accordance with the provisions of this Treaty;
e. adopt the budget of the Community as well as complementary programmes and plans;
f. approve its rules of procedure and those of the Executive Council;
g. approve the organization chart of the Executive Secretariat, the Statutes and the Rules of Procedure for the staff of the Executive Secretariat;
h. decide on issues that have not been resolved within the Executive Council.
Article 12.
The Conference shall act by means of an Act. It may also adopt resolutions, formulate recommendations and make declarations.
The acts of the Conference shall be general in scope and shall be binding on the Member States and on the institutions of the Community.
The Conference shall deliberate by consensus; in the event of an application for accession by a new State or a proposal for revision of the Treaty, it shall act unanimously.
Article 13.
The Conference of Heads of State and/or Government may, on the recommendation of the Executive Council, adopt Additional Protocols to supplement and clarify this Treaty. The said Protocols adopted unanimously shall have the same value as the provisions of the Treaty. They shall enter into force in accordance with the provisions of Article 54(3) of this Treaty.
Part 2. The Executive Council
Article 14.
The Executive Council shall be the governing body responsible for supervising the implementation of the decisions of the Assembly of Heads of State and/or Government. It shall be composed of the Ministers of Foreign Affairs of Member States or any other Minister designated by the Member State.
Article 15.
The Council shall be responsible for ensuring the proper functioning and development of the Community. To this end, and save as otherwise provided in the Treaty, it shall :
a. make recommendations for the approval of the Conference on any action designed to achieve the objectives of the Community within the framework of the general policy and broad guidelines laid down and adopted by the Conference;
b. submit to the Conference the draft budget of the Community and propose to it the annual contribution of each Member State:
c. shall prepare complementary programmes and plans for the development of the Community;
d. endorse the recommendations and work of the Sectoral Ministerial Committees or any subsidiary bodies which may be set up under this Treaty and submit them to the Conference for approval;
e. prepare the sessions of the Conference of Heads of State and/or Government;
f. propose the agenda of the Conference.
Article 16.
The Executive Council shall meet in ordinary session two (2) times a year. One of its sessions shall precede the ordinary session of the Assembly. It may be convened in extraordinary session on the initiative of its Chairman or at the request of a Member State, subject to the approval of such request by an absolute majority of the Member States.
The deliberations of the Executive Council shall be prepared by the Committee of Ambassadors and Permanent Representatives assisted by experts. The Executive Secretariat shall be represented at meetings of the Committee of Ambassadors and Permanent Representatives. The Committee shall adopt opinions by an absolute majority of its members present and forward them to the Council.
The Presidency of the Council shall be held by the Minister for Foreign Affairs of the Member State whose Head of State and/or Government holds the Presidency of the Conference.
Article 17.
The Executive Council shall take decisions and deliberate by consensus. In the absence of consensus, it shall deliberate by a qualified majority of two-thirds of the Member States present and voting.
The Executive Council may also formulate recommendations and give opinions in accordance with its competences contained in Article 15 of this Treaty.
Article 18.
Sectoral ministerial meetings may be convened of Ministers whose department is responsible for a matter requiring specific consideration. The deliberations of these sectoral ministerial meetings shall be endorsed by the Executive Council and forwarded to the Conference of Heads of State and/or Government. The deliberations of the sectoral Ministerial Committees are prepared by the Committee of Sectoral Experts composed of representatives of Member States.
Part 3. The Permanent Peace and Security Council
Article 19.
The Permanent Peace and Security Council is the Community body responsible for coordinating and strengthening the achievement of the objectives and implementation of Community actions and programmes relating to the maintenance of peace and security.
Article 20.
The Permanent Peace and Security Council shall meet in ordinary session twice a year. It may be convened in extraordinary session on the initiative of its President or at the request of one of the Member States of the Community.
Article 21.
The Assembly of Heads of State and/or Government, on the proposal of the Executive Council, shall, at the appropriate time, determine the composition, organization and functioning rules of the said Council.
Part 4. The Permanent Council In Charge of Sustainable Development
Article 22.
The Permanent Council for Sustainable Development is the Community body responsible for coordinating, strengthening the achievement of objectives and implementing Community actions and programmes relating to sustainable development.
Article 23.
The Permanent Council for Sustainable Development shall meet in ordinary session twice a year. It may be convened in extraordinary session on the initiative of its President or at the request of one of the Member States of the Community.
Article 24.
The Assembly of Heads of State and/or Government, on the proposal of the Executive Council, shall, at the appropriate time, determine the composition, rules of organization and functioning of the said Council.
Part 5. The Committee of Ambassadors and Permanent Representatives
Article 25.
The Committee of Ambassadors and Permanent Representatives is the consultative body attached to the Community's governing bodies.
It shall be composed of the Permanent Representatives of the Member States residing at the seat of the Community or any other accredited plenipotentiary. As a transitional measure, a Member State which is not represented at the seat may designate another country to represent it.
Article 26.
The Committee of Ambassadors and Permanent Representatives shall be responsible, with the assistance of experts, for the following tasks:
a. preparing the deliberations of the Executive Council :
b. examining the draft budget prepared by the Executive Secretariat and submitting recommendations to the Executive Council thereon;
c. to examine, in close collaboration with the relevant departments of the Executive Secretariat, matters relating to the Community's programmes and projects, in particular those relating to sustainable development and peace and security;
d. participate in the preparation of the Community's programme of activities;
e. to make written recommendations to the Executive Secretariat for the attention of the Member States on areas of common interest, in particular on issues on the agenda of the Executive Council;
f. facilitate communication between the Executive Secretariat and the Governments of the Member States of the Community.
Article 27.
The Committee of Ambassadors and Permanent Representatives shall draw up rules of procedure for organizing its activities and meetings.
Part 6. The Executive Secretariat
Article 28.
The Executive Secretariat shall be the organ for the execution of decisions taken by the management organs of CEN-SAD. It shall be placed under the authority of an Executive Secretary assisted by a Deputy Executive Secretary, staff and officials necessary for the proper functioning of the Community.
Article 29.
The seat of the Executive Secretariat shall be in the city of Tripoli in Libya, the seat of the Community. A headquarters agreement shall be concluded between the Executive Secretariat and the State of Libya setting out the rights and obligations of the parties and the privileges and immunities provided for in the Vienna Convention on Diplomatic Relations of 18 April 1961.
Article 30.
The Executive Secretary and the Deputy Executive Secretary shall be appointed by the Assembly of Heads of State and/or Government for a term of four years renewable once, taking into account the principle of equitable rotation among the different geographical regions. They shall not be from the same geographical region.
The heads of departments shall be appointed by the Executive Council on the proposal of the Executive Secretary on the basis of criteria of competence, moral integrity and geographical distribution. They shall bear the title of department directors.
Article 31.
The Executive Secretary shall be the principal executive administrator of the Community. In this capacity, he shall have the following mission:
a. to ensure the implementation of this Treaty, the conventions and decisions of the Community ;
b. to prepare and execute the decisions and directives of the Conference of Heads of State and/or Government and the Executive Council;
c. to promote and implement Community development programmes and projects;
d. to establish the draft budget of the Community and ensure its implementation ;
e. to establish annually the Community action programme:
f. to present a report on the activities of the Community to all meetings of the Conference of Heads of State and/or Government and the Executive Council;
g. to prepare the meetings of the Assembly of Heads of State and/or Government and the Executive Council and to provide the secretariat for these bodies;
h. to carry out studies with a view to achieving the objectives of the Community and to make proposals likely to contribute to the functioning and harmonious development of the Community. To this end, it may request a Member State to supply it with all necessary information;
i. to conclude on behalf of the Community cooperation agreements with other organizations or States after prior approval by the Executive Council:
j. to define and implement the Community's communication strategy for the benefit of the people;
k. to recruit the staff of the Executive Secretariat and to appoint staff to functions other than those devolved to the Conference or the Executive Council.
Article 32.
The Deputy Executive Secretary, under the supervision of the Executive Secretary, shall be particularly responsible for :
a. administrative and financial co-ordination;
b. the supervision of the implementation of projects and programmes;
c. any task that may be delegated to him by the Executive Secretary,
The Deputy Executive Secretary shall act as Acting Executive Secretary in case of absence and/or impediment.
Article 33.
The Executive Secretariat shall comprise the following departments:
- Peace and Security Department ;
- Department of Economic and Commercial Affairs:
- Department of Legal Affairs;
- Department of Rural Development and Environment;
- Department of Infrastructure, Transport, Energy and Information and Communication Technologies;
- Department of Education, Health and Social Affairs: Department of Administration and Finance;
- Department of Sports, Culture and the Arts;
- Office of Internal Audit.
The Conference of Heads of State and/or Government may change the number and names of the departments.
Article 34.
The members of the Executive Secretariat shall exercise their functions under the authority of the Assembly of Heads of State and/or Government and the Executive Council. They shall neither seek nor accept instructions from any Government or any body. No individual Member State may give them instructions.
During their term of office, they shall not engage in any other professional activity, whether remunerated or not. They may, however, engage in literary, artistic and scientific activities.
Article 35.
During their term of office, the Executive Secretary and the Deputy Executive Secretary shall be irrevocable, except in the case of gross misconduct, disregard of duties related to the exercise of the functions of a member of the Executive Secretariat or incapacity established by the Assembly of Heads of State and/or Government.
In case of interruption of mandate, the person concerned shall be replaced for the remainder of his or her term of office. Except in the case of dismissal or resignation, the Executive Secretary and the Deputy Executive Secretary shall remain in office until they are replaced.
Article 36.
The organisation and functioning of the Executive Secretariat shall be specified by internal regulations and other specific community texts.
Part 7. The Economic, Social and Cultural Council
Article 37.
The Economic, Social and Cultural Council shall have a consultative role. It shall be composed of three representatives per Member State covering the various categories of economic, social and cultural activities.
It shall be headed by a President elected by his peers in plenary session, assisted by a Bureau consisting of a Vice-President and a Rapporteur-General elected in the same way and of Commission Chairmen elected by their respective Commissions. The Chairperson and Vice-Chairperson shall be appointed taking into account the principle of equitable rotation between the different geographical regions. They shall not be from the same geographical region.
Article 38.
The members of the Economic, Social and Cultural Council shall be appointed for a term of three years renewable once. They shall be irrevocable for the duration of their term of office except in the case of incompatibility of functions or gross misconduct established by the Economic, Social and Cultural Council. Their disqualification shall be pronounced by the plenary assembly of the Economic, Social and Cultural Council.
Article 39.
The seat of the Economic, Social and Cultural Council shall be in Bamako, Mali. A headquarters agreement shall be concluded between the Executive Secretariat and the Republic of Mali setting out the rights and obligations of the parties as well as the privileges and immunities provided for in the Vienna Convention on Diplomatic Relations of 18 April 1961.
Article 40.
The powers, organisation and functioning of the Economic, Social and Cultural Council shall be defined by an Act of the Conference of Heads of State and/or Government.
The Economic, Social and Cultural Council shall adopt its own rules of procedure.
Part 8. The Sahel-saharan Bank for Investment and Trade
Article 41.
The Sahel-Saharan Bank for Investment and Trade is a specialized institution of the Community.
The Bank's decision-making bodies shall take the necessary steps to adapt the Convention of 14 April 1999 establishing this institution to the provisions of the preceding paragraph.
Article 42.
The headquarters of the Sahel-Saharan Bank for Investment and Trade shall be in Tripoli, Libya. A headquarters agreement shall be concluded between the Executive Secretariat and the State of Libya setting out the rights and obligations of the parties.
as well as the privileges and immunities provided for in the Vienna Convention on Diplomatic Relations of 18 April 1961.
Article 43.
The functions, organization and operation of the Sahelo-Saharan Bank for Investment and Trade shall be set out in the revised Convention establishing the Sahelo-Saharan Bank for Investment and Trade.
Article 44.
The Executive Secretary shall attend meetings of the decision-making bodies of the Bank as an observer.
Chapter IV. The Financial Regime of the Community
Section I. General Provisions
Article 45.
The Conference shall adopt the budget of the Community submitted by the Executive Council on the proposal of the Executive Secretariat before the beginning of the financial year, after its examination by the Committee of Ambassadors and Permanent Representatives assisted by experts.
The budget shall be implemented by the Executive Secretariat.
Article 46.
On the proposal of the Executive Secretariat, the Executive Council shall adopt financial regulations specifying, in particular, the modalities for the preparation and execution of the budget as well as the rules for the presentation and auditing of accounts.
For the purpose of controlling the implementation of the budget, the Executive Council shall appoint six high ranking inspectors chosen from among the States up to the date of their contribution for a non-renewable term of three years. These inspectors may not come from the States of which the Executive Secretary, the Deputy Executive Secretary, the Director of Administration and Finance, the Comptroller and the Principal Accountant are nationals.
The financial regulations shall establish the rule of separation of authorising officers and accounting officers.
Article 47.
The financial year starts on January 1st and ends on December 31st of each year.
In case the budget could not be adopted before the beginning of the financial year, expenditure may be made monthly within the limit of one twelfth of the appropriations of the budget of the previous financial year.
Section II. Community Resources
Article 48.
Budgetary resources shall be derived from the annual contributions of Member States and any other resources determined by the Assembly of Heads of State and/or Government on the proposal of the Executive Council. The contributions of Member States shall be determined on the basis of the budget submitted by the Executive Council.
The method of calculating State contributions and the currencies in which they shall be paid shall be determined by the Assembly of Heads of State and/or Government on the proposal of the Executive Council.
Article 49.
The Community may, in accordance with the conditions laid down in the Financial Regulation and after approval by the Executive Council, have recourse to loans, grants and external aid compatible with its objectives.
Measures adopted in this context must be approved by the Executive Council before they take effect.