Title
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) REVISED TREATY
Preamble
We, the Heads of State and Government of the Member States of the Economic Community of West African States ECOWAS):
The President of the Republic of BENIN
The President of BURKINA FASO
The Prime Minister of the Republic of CAPE VERDE The President of the Republic of COTE D'TVOIRE
The President of the Republic of The GAMBIA
The President of the Republic of GHANA
The President of the Republic of GUINEA
The President of the Republic of GUINEA BISSAU
The President of the Interim Government of
National Unity of the Republic of LIBERIA
The President of the Republic of MALT
The President of the Islamic Republic of MAURITANIA The President of the Republic of NIGER.
The President of the Federal Republic of NIGERIA
The President of the Republic of SENEGAL
The Head of State and Chairman of the
National Provisional Ruling Council of the Republic of SIERRA LEONE The President of the TOGOLESE Republic
Reaffirming the Treaty establishing the Economic Community of West African States signed in Lagos on 28 May 1975 and considering its achievements;
Conscious of the over-riding need to encourage, foster and accelerate the economic and social development of our States in order to improve the living standards of our peoples;
Convinced that the promotion of harmonious economic development of our States calls for effective economic cooperation and integration largely through a determined and concerted policy of self-reliance;
Bearing in mind the African Charter on Human and People's Rights and the Declaration of Political Principles of the Economic Community of West African States adopted in Abuja by the Fourteenth Ordinary Session of the Authority of Heads of State and Government on 6 July 1991;
Convinced that the integration of the Member States into a viable regional Community may demand the partial and gradual pooling of national sovereignties to the Community within the context of a collective political will;
Accepting the need to establish Community Institutions vested with relevant and adequate powers;
Noting that the present bilateral and multilateral forms of economic cooperation within the region open up perspectives for more extensive cooperation;
Accepting the need to face together the political, economic and sociocultural challenges of the present and the future, and to pool together the resources of our peoples while respecting our diversities for the most rapid and optimum expansion of the region's productive capacity;
Bearing in mind also the Lagos Plan of Action and the Final Act of Lagos of April 1980 stipulating the establishment, by the year 2000, of an African Economic Community based on existing and future regional economic communities;
Mindful of the Treaty establishing the African Economic Community signed in Abuja on 3 June 1991;
Affirming that our final goal is the accelerated and sustained economic development of Member States, culminating in the economic union of West Africa;
Bearing in mind our Decision A/DEC.10/5/90 of 30 May 1990 relating to the establishment of a Committee of Eminent Persons to submit proposals for the review of the Treaty;
Aware that the review of the treaty arises, inter alia, from the need for the Community to adapt to the changes on the international scene in order to derive greater benefits from those changes;
Considering also the need to modify the Community's strategies in order to accelerate the economic integration process in the region;
Accepting the need to share the benefits of economic cooperation and integration among Member States in a just and equitable manner;
Have decided to revise the Treaty of 28 May 1975 establishing the Economic Community of West African States ECOWAS) and
Have accordingly agreed as follows.
Body
Chapter I. Definitions
Article 1.
For the Purpose of this Treaty,
"Arbitration Tribunal" means the Arbitration Tribunal of the Community established under Article 16 of this Treaty;
"Authority" means the Authority of Heads of State and Government of the Community established by Article 7 of this Treaty;
"Chairman of the Authority" means the current Chairman of the Authority of Heads of State and Government of the Community, elected in accordance with the provisions of Article 8.2 of this Treaty; "Council" means the Council of Ministers of the Community established under Article 10 of this Treaty;
"Commission" means the Specialised Technical Commission established under Article 22 of this Treaty;
"Community" means the Economic Community of West African States referred to under Article 2 of this Treaty;
"Community citizen or citizens" means any national(s) of Member States who satisfy the conditions stipulated in the Protocol defining Community citizenship;
"Court of Justice" means the Court of Justice of the Community established under Article 15 of this Treaty;
"Import Duties" means customs duties and taxes of equivalent effect, levied on goods by virtue of their importation;
"Executive Secretary" means the Executive Secretary appointed in accordance with the provisions of Article 18 of this Treaty;
"Economic and Social Council" means the Economic and Social Council established under Article 14 of this Treaty;
"Executive Secretariat" means the Executive Secretariat established under Article 17 of this Treaty;
"Export Duties" means all customs duties and taxes of equivalent effect levied on goods by virtue of their exportation;
"Fund" means the Fund for Cooperation, Compensation and Development established under Article 21 of this Treaty;
"Member State" or "Member States" means a Member State or Member States of the Community as defined in paragraph 2 of Article 2 of this Treaty;
"Non-Tariff Barriers" means barriers which hamper trade and which are caused by obstacles other than fiscal obstacles;
"Parliament of the Community" means the Parliament established under Article 13 of this Treaty;
Page 5 "Protocol" means an instrument of implementation of the Treaty having the same legal force as the latter;
"Region" means the geographical zone known as West Africa as defined by Resolution CM/Res.464 (XXVD of the OAU Council of Ministers;
"Statutory Appointees" includes the Executive Secretary, Deputy Executive Secretaries, Managing Director of the Fund, Deputy Managing Director of the Fund, Financial Controller and any other senior officer of the Community designated as such by the Authority or Council;
"Third Country" means any State other than a Member State;
"Treaty" means this revised Treaty.
Chapter II. Establishment, Composition, Aims and Objectives and Fundamental Principles of the Community
Article 2. Establishment and Composition
1. THE HIGH CONTRACTING PARTIES, by this Treaty, hereby reaffirm the establishment of the Economic Community of West African States ECOWAS) and decide that it shall ultimately be the sole economic community in the region for the purpose of economic integration and the realization of the objectives of the African Economic Community.
2. The members of the Community, hereinafter referred to as "the Member States", shall be the States that ratify this Treaty.
Article 3. Aims and Objectives
1. The aims of the Community are to promote cooperation and integration, leading to the establishment of an economic union in West Africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster relations among Member States and contribute to the progress and development of the African Continent.
2. In order to achieve the aims set out in the paragraph above, and in accordance with the relevant provisions of this Treaty, the Community shall, by stages, ensure;
(a) the harmonization and coordination of national policies and the promotion of integration programmes, projects and activities, particularly in food, agriculture and natural resources, industry, transport and communications, energy, trade, money and finance, taxation, economic reform policies, human resources, education, information, culture, science, technology, services, health, tourism, legal matters;
(b) the harmonization and coordination of policies for the protection of the environment;
(c) the promotion of the establishment of joint production enterprises;
(d) the establishment of a common market through:
i) the liberalization of trade by 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 Community level;
(ii) the adoption of a common external tariff and, a common trade policy vis-a-vis third countries;
(iii) the removal, between Member States, of obstacles to the free movement of persons, goods, service and capital, and to the right of residence and establishment.
(e) the establishment of an economic union through the adoption of common policies in the economic, financial social and cultural sectors, and the creation of a monetary union;
(f) the promotion of joint ventures by private sectors enterprises and other economic operators, in particular through the adoption of a regional agreement on cross-border investments;
(g) the adoption of measures for the integration of the private sectors, particularly the creation of an enabling environment to promote small and medium scale enterprises;
(h) the establishment of an enabling legal environment;
(i) the harmonization of national investment codes leading to the adoption of a single Community investment code;
(j)the harmonization of standards and measures;
(k) the promotion of balanced development of the region, paying attention to the special problems of each Member State particularly those of land-locked and small island Member States;
(l) the encouragement and strengthening of relations and the promotion of the flow of information particularly among rural populations, women and youth organizations and socio professional organizations such as associations of the media, business men and women, workers, and trade unions;
(m) the adoption of a Community population policy which takes into account the need for a balance between demographic factors and socio economic development;
(n) the establishment of a fund for cooperation, compensation and development; and
(o) any other activity that Member States may decide to undertake jointly with a view to attaining Community objectives.
Article 4. Fundamental Principles
The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles:
(a) equality and inter-dependence of Member States;
solidarity and collective self-reliance;
inter-State cooperation, harmonization of policies and integration of programmes; non-aggression between Member States;
maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness;
peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for
economic development;
recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights;
accountability, economic and social justice and popular participation in development; recognition and observance of the rules and principles of the Community;
promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6 July 1991; and
equitable and just distribution of the costs and benefits of economic cooperation and integration.
Article 5. General Undertakings
1. Member States undertake to create favourable conditions for the attainment of the objectives of the Community, and particularly to take all necessary measures to harmonize their strategies and policies, and to refrain from any 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 legislative and statutory texts as may be necessary for the implementation of the provisions of this Treaty.
3. Each Member State undertakes to honour its obligations under this Treaty and to abide by the decisions and regulations of the Community.
Chapter III. Institutions of the Community - Establishment, Composition and Functions
Article 6. Institutions
1. The Institutions of the Community shall be:
(a) the Authority of Heads of State and Government;
(b) the Council of Ministers;
(c) the Community Parliament;
(d) the Economic and Social Council;
(e) the Community Court of Justice;
(f) the Executive Secretariat;
(g) the Fund for Cooperation, Compensation and Development;
(h) Specialised Technical Commissions; and
(i) Any other institutions that may be established by the Authority.
2. The Institutions of the Community shall perform their functions and act within the limits of the powers conferred on them by this Treaty and by the Protocols relating thereto.
Article 7. Authority of Heads of State and Government Establishment, Composition and Functions
1. There is hereby established the Authority of Heads of State and Government of Member States which shall be the supreme institution of the Community and shall be composed of Heads of State and/or Government of Member States.
2. The Authority shall be responsible for the general direction and control of the Community. and shall take all measures to ensure its progressive development and the realization of its objectives.
3. Pursuant to the provisions of Paragraph 2 of this Article, the Authority shall:
(a) determine the general policy and major guidelines of the Community, give directives, harmonize and coordinate the economic, scientific, technical, cultural and social policies of Member States;
(b) oversee the functioning of Community institutions and follow-up implementation of Community objectives;
(c) prepare and adopt its Rules of Procedure;
(d) appoint the Executive Secretary in accordance with the provisions of Article 18 of this Treaty;
(e) appoint, on the recommendation of Council, the External Auditors;
(f) delegate to the Council, where necessary, the authority to take such decisions as are stipulated in Article 9 of this Treaty;
refer where it deems necessary any matter to the Community Court of Justice when it confirms, that a Member State or institution of the Community has failed to honour any of its obligations or an institution of the Community has acted beyond the limits of its authority or has abused the powers conferred on it by the provisions of this Treaty, by a decision of the Authority or a regulation of the Council;
(h) request the Community Court of Justice as and when necessary, to give advisory opinion on any legal questions; and
(i) exercise any other powers conferred on it under this Treaty.
Article 8. Sessions
1. The Authority shall meet at least once a year in ordinary session. An extra ordinary session may be convened by the Chairman of the Authority or at the request of a Member State provided that such a request is supported by a simple majority of the Member States.
2. The office of the Chairman shall be held every year by a Member State elected by the Authority.
Article 9. Decisions
1. The Authority shall act by decisions.
2. Unless otherwise provided in this Treaty or in a Protocol decisions of the Authority shall be adopted, depending on the subject matter under consideration by unanimity, consensus or, by a two- thirds majority of the Member States.
3. Matters referred to in paragraph 2 above shall be defined in a Protocol. Until the entry into force of the said Protocol, the Authority shall continue to adopt its decisions by consensus.
4. Decisions of the Authority shall be binding on the Member States and institutions of the Community, without prejudice to the provisions of paragraph 3 of Article 15 of this Treaty.
5. The Executive Secretary shall publish the decisions thirty (30) days after the date of their signature by the Chairman of Authority.
6. Such decisions shall automatically enter into force sixty (60) days after the date of their publication in the Official Journal of the Community.
7. Decisions shall be published in the National Gazette of each Member State within the period stipulated in paragraph 6 of this Article.
Article 10. The Council of Ministers Establishment, Composition and Functions
1. There is hereby established a Council of Ministers of the Community.
2. The Council shall comprise the Minister in charge of ECOWAS Affairs and any other Minister of each Member State.
3. Council shall be responsible for the functioning and development of the Community. To this end, unless otherwise provided in this Treaty or a Protocol, Council shall:
(a) make recommendations to the Authority on any action aimed at attaining the objectives of the Community;
(b) appoint all statutory appointees other than the Executive Secretary;
(c) by the powers delegated to it by the Authority, issue directives on matters concerning coordination and harmonization of economic integration policies;
(d) make recommendations to the Authority on the appointment of the External Auditors;
(e) prepare and adopt its rules of procedure;
(f) adopt the Staff Regulations and approve the organizational structure of the institutions of the Community;
(g) approve the work programmes and budgets of the Community and its institutions;
(h) request the Community Court of Justice, where necessary, to give advisory opinion on any legal questions;
(i) carry out all other functions assigned to it under this Treaty and exercise all powers delegated to it by the Authority.
Article 11. Meetings
1.The Council shall meet at least twice a year in ordinary session. One of such sessions shall immediately precede the ordinary session of the Authority. An extraordinary session may be convened by the Chairman of Council or at the request of a Member State provided that such request is supported by a simple majority of the Member States.
2. The office of Chairman of Council shall be held by the Minister responsible for ECOWAS Affairs of the Member State elected as Chairman of the Authority.
Article 12. Regulations
1. The Council shall act by regulations.
2. Unless otherwise provided in this Treaty regulations of the Council shall be adopted, depending on the subject matter under consideration, by unanimity, consensus or by a two-thirds majority of Member States, in accordance with the Protocol referred to in Article 9 paragraph 3 of this Treaty. Until the entry into force of the said Protocol, the Council shall continue to adopt its regulations by consensus.
3. Regulations of the Council shall be binding on institutions under its authority. They shall be binding on Member States after their approval by the Authority. However, in the case of regulations made pursuant to a delegation of powers by the Authority in accordance with paragraph 3(f) of Article 7 of this Treaty, they shall be binding forthwith.
4. Regulations shall be published and shall enter into force within the same period and under the same conditions stipulated in paragraphs 5, 6 and 7 of Article 9 of this Treaty.