(e) employ where appropriate, good offices, conciliation, meditation and other methods of peaceful settlement of disputes;
f) establish a regional peace and security observation system and peacekeeping forces where appropriate;
(g) provide, where necessary and at the request of Member States, assistance to Member States for the observation of democratic elections.
3. The detailed provisions governing political cooperation, regional peace and stability shall be defined in the relevant Protocols.
Article 59. Immigration
1. Citizens of the community shall have the right of entry, residence and establishment and Member States undertake to recognise these rights of Community citizens in their territories in accordance with the provisions of the Protocols relating thereto.
2. Member States undertake to adopt all appropriate measures to ensure that Community citizens enjoy fully the rights referred to in paragraph 1 of this Article.
3. Member States undertake to adopt, at national level, all measures necessary for the effective implementation of the provisions of this Article.
Chapter XI. COOPERATION IN HUMAN RESOURCES, INFORMATION, SOCIAL AND CULTURAL AFFAIRS
Article 60. Human Resources
1. Member States Undertake to Cooperate In the Full Development and Utilization of Their Human Right Resources.
2. to this End, They Shall Take Measures to:
(a) strengthen cooperation among themselves in the fields of education, training and employment; and to harmonize and coordinate their policies and programmes in these areas;
(b) consolidate their existing, training institutions, improve the efficacy of their educational systems, encourage exchanges between schools and universities, establish equivalences of academic, professional and technical qualifications, encourage literacy, promote the teaching and practice of the official languages of the Community, and establish regional centres of excellence in various disciplines;
(c) encourage the exchange of skilled manpower between Member States.
Article 61. Social Affairs
1. Member States undertake to cooperate with a view to mobilize, the various sections of the population and ensuring their effective integration and involvement in the social development of the region.
2. For the Purposes of Paragraph 1 of this Article, Member States Undertake to:
(a) encourage the exchange of experiences and information on literacy, professional training and employment;
(b) harmonize their labour laws and social security legislations;
(c) promote women's and youth organizations and professional associations as a means of ensuring mass involvement in the activities of the Community;
(d) encourage and strengthen cooperation amongst themselves in health matters; and
(e) promote and enhance the practice of sports with a view to bringing together the youth of the region and ensuring their balanced development.
Article 62. Cultural Affairs
1. Member States undertake to pursue the objectives of the Community Cultural Framework Agreement.
2. to this End, Member States Undertake to:
(a) encourage the promotion, by every means possible, of all forms of cultural exchange;
(b) promote, develop and, where necessary, improve structures and mechanisms for the production, propagation and utilization of cultural industries; and
(c) promote the learning and dissemination of a West African language as a factor in Community integration.
Article 63. Women and Development
1. Member States undertake to formulate, harmonize, coordinate and establish appropriate policies and mechanisms, for enhancement of the economic, social and cultural conditions of women.2. To this end, Member States shall take all measures necessary to:
(a) identify and assess all constraints that inhibit women from maximizing their contribution to regional development efforts; and
(b) provide a framework within which the constraints will be addressed and for the incorporate of women's concerns and needs into the normal operations of the society;
3. At the Community level, Member States shall:
(a) stimulate dialogue among themselves on the kinds of projects and programmes aimed at integrating women into the development process;
(b) establish a mechanism for cooperation with bilateral, multilateral and non-governmental organizations; and
(c) promote and develop mechanisms to encourage the exchange of experiences and information between Member States.
Article 64. 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 demographic factors and socio economic development.
2. To this end, Member States agree to:
(a) include population issues as central components in 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 65. Information Radio and Television
Member States undertake to:
(a) coordinate their efforts and pool their resources in order to promote the exchange of radio and television programmes at bilateral and regional levels;
(b) encourage the establishment of programme exchange centres at regional level and strengthen existing programme exchange centres;
(c) use their broadcasting and television systems to promote the attainment of the objectives of the Community.
Article 66. The Press
1. In order to involve more closely the citizens of the Community in the regional integration process, Member States agree to cooperate in the area of information.
2. To this end they undertake as follows:
(a) to maintain within their borders, and between one another, freedom of access for professionals of the communication industry and for information sources;
(b) to facilitate exchange of information between their press organs; to promote and foster effective dissemination of information within the Community;
(c) to ensure respect for the rights of journalists;
(d) to take measures to encourage investment capital, both public and private, in the communication industries in Member States;
(e) to modernize the media by introducing training facilities for new information techniques; and
f) to promote and encourage dissemination of information in indigenous languages, strengthening cooperation between national press agencies and developing linkages between them.
Chapter XII. COOPERATION IN OTHER AREAS
Article 67. Harmonization of Policies In other Areas
Subject to the provisions of this Treaty, Member States undertake to consult with one another, through appropriate Community institutions, for the purpose of harmonizing and coordinating their respective policies in all other fields not specifically covered by this Treaty for the efficient functioning and development of the Community and for the implementation of the provisions of this Treaty.
Chapter XIII.
Article 68. Land-Locked and Island Member States
Member States, taking into consideration the economic social difficulties that may arise in certain Member States, particularly island and land-locked States, agree to grant them where appropriate, special treatment in respect of the application of certain provisions of this Treaty and to accord them any other assistance they may need.
Chapter XIV. Financial Provisions
Article 69. Budget of the Community
1. There shall be established a budget of the Community and, where appropriate, of any of the Institutions of the Community.
2. All incomes and expenditure of' the Community and its institutions shall be approved by the Council or other appropriate bodies for each financial year and shall be charged to the budget of the Community or the institution concerned.
3. A draft budget shall be proposed for each financial year by the Executive Secretary or by the Head of the Institution concerned and approved by the Council or other appropriate body on the recommendation of the Administration and Finance Commission.
4. The Administration and Finance Commission shall consider the draft budget and all financial issues concerning the institutions of the Community and shall examine issues pertaining mainly to administration and personnel management in the institutions of the community.
Article 70. Regular Budgets of the Community
1. The regular budgets of the Community and its institutions shall be funded from a Community levy and such other sources as may be determined by the Council.
2. Until the entry into force of the Community levy, the regular budgets of the Community and its institutions shall be funded from the annual contributions by Member States.
Article 71. Special Budgets of the Community
Special budgets shall be made available, where necessary, to meet the extra-budgetary expenditure of the Community. The Authority shall, on the recommendation of Council, determine the modalities for financing such special budgets of the Community.
Article 72. Community Levy
1. There is hereby instituted a Community levy for the purpose of generating resources for financing Community activities.
2. The Community levy shall be a percentage of the total value of import duty derivable from goods imported into the Community from third countries.
3. The actual level of the Community levy shall be determined by the Council.
4. The conditions for the application of the Community levy, the modalities for the transfer to the Community of the revenue generated and the utilization of the Community levy shall be defined in the relevant Protocol.
5. Member States undertake to facilitate the application of the provisions of this Article.
Article 73. Contributions by Member States
1. The mode by which the contributions of Member States shall be determined and the currencies in which the contributions are paid shall be as determined by Council.
2. Member States undertake to promptly transfer their assessed contributions to the Community.
Article 74. Financial Regulations
The Financial Regulations and Manual of Accounting Procedures of the Community shall govern the application of the provisions of this Chapter.
Article 75. External Auditors
1. The External Auditors of the Community shall be appointed for a period of two years renewable for two other terms of two years each. They can be relieved of their posts by the Authority on the recommendation of the Council.
2. Subject to the provisions of the preceding paragraph, the Council shall determine the rules governing the selection procedure and establish the responsibilities of the External Auditors.
Chapter XV. Disputes
Article 76. Settlement of Disputes
1. Any dispute regarding the interpretation or the application of the provisions of this Treaty shall be amicably settled through direct agreement without prejudice to the provisions of this Treaty and relevant Protocols.
2. Failing this, either party or any other Member States or the Authority may refer the matter to the Court of the Community whose decision shall be final and shall not be subject to appeal.
Chapter XVI. Sanctions
Article 77. Sanctions Applicable for Non-Fulfilment of Obligations
1. Where a Member State fails to fulfil its obligations to the Community, the Authority may decide to impose sanctions on that Member State.
2. These sanctions may include:
(i) suspension of new Community loans or assistance;
(ii) suspension of disbursement on-going Community projects or assistance programmes;
(iii) exclusion from presenting candidates for statutory and professional posts;
(iv) suspension voting rights; and
(v) suspension from participating in the activities of the Community.
3. Notwithstanding the provisions of paragraph 1 of this Article, the Authority may suspend the application of the provisions of the said Article if it is satisfied on the basis of a well supported and detailed report prepared by an independent body and submitted through the Executive Secretary, that the non-fulfilment of its obligations is due to causes and circumstances beyond the control of the said Member State;
4. The Authority shall decide on the modalities for the application of this Article.
Chapter XVII. Relations between the Community and the African Economic Community
Article 78. The Community and the African Economic Community
The integration of the region shall constitute an essential component of the integration of the African continent. Member States undertake to facilitate the coordination and harmonization of the policies and programmes of the Community with those of the African Economic Community.
Chapter XVIII. Relations between the Community and other Regional Economic Communities
Article 79. The Community and other Regional Economic Communities
1. In the context of realizing its regional objectives, the Community may enter into cooperation agreements with other regional Communities.
2. Such cooperation agreements entered into in accordance with the provisions of paragraph 1 of this Article shall be subject to prior approval by the Council upon the proposal of the Executive Secretary.
Chapter XIX. Relations between the Executive Secretariat and the Specialised Institutions of the Community
Article 80. The Executive Secretariat and the Specialised Institutions
1. The Community shall determine the global integration policies and strategies to be adopted and define the integration objectives and programmes of all the institutions of the Community.
2. The Executive Secretariat shall be responsible for harmonizing and coordinating all activities and programmes of the institutions of the Community within the context of regional integration.
Article 81. Relations between the Community and Regional Non-Governmental Organizations
1. The Community with a view to mobilizing the human and material resources for the economic integration of the region, shall cooperate with regional non-governmental organizations and voluntary development organizations in order to encourage the involvement of the peoples of the region in the process of economic integration and mobilize their technical, material and financial support.
2. To this end, the Community shall set up mechanism for consultation with such organizations.
Article 82. Relations between the Community and Regional Socio Economic Organizations and Associations
1. The Community with a view to mobilizing the various actors in socio economic life for the integration of the region, shall cooperate with socio economic organizations and associations, in particular, producers, transport operators, workers, employers, university teachers and administrators, journalists, youth, women, artisans and other professional organizations and associations with a view to ensuring their involvement in the integration process of the region.
2. To this end, the Community shall set up a mechanism for consultation with such socio economic organizations and associations.
Chapter XX. Relations between the Community, Third Countries and International Organizations
Article 83. Cooperation Agreements
1. The Community May Conclude Cooperation Agreements with Third Countries.
2. In Pursuit of Its Objective, the Community Shall Also Cooperate with the Organization of African Unity, the United Nations system, and any other international organization.
3. Cooperation agreements to be concluded in accordance with the provisions of paragraphs 1 and 2 of this Article shall be subject to prior approval by the Council upon the proposal of the Executive Secretary.
Chapter XXI. Relations between Member States, Non-member States, Regional Organizations and International Organizations
Article 84. Agreements Concluded by Member States
1. Member States may conclude agreements among themselves and with non-Member States, regional organizations or any other international organization, provided that economic agreements are not incompatible with the provisions of this Treaty. They shall, at the request of the Executive Secretary, transmit copies of such economic agreements to the Executive Secretary who shall inform Council thereof.
2. In the event that agreements concluded before the entry into force of this Treaty between Member States or between Member States and non-Member States, regional organizations or any other international organizations are incompatible with the provisions of this Treaty, the Member State or Member States concerned shall take appropriate measures to eliminate such incompatibility. Member States shall, where necessary, assist each other to this end and adopt a common position.
Article 85. International Negotiations
1. Member States undertake to formulate and adopt common positions within the Community on issues relating to international negotiations with third parties in order to promote and safeguard the interests of the region.
2. To this end, the Community shall prepare studies and reports designed to help Member States to harmonize better their positions on the said issues.
Chapter XXII. General and Final Provisions
Article 86. Headquarters of the Community
The Headquarters of the Community shall be situated in the capital of the Federal Republic of Nigeria.
Article 87. Official and Working Languages
1. the Official Languages of the Community Shall Be All West African Languages so Designated by the Authority as Well as English, French and Portuguese.
2. the Working Languages of the Community Shall Be English, French and Portuguese.
Article 88. Status, Privileges and Immunities
1. The Community Shall Enjoy International Legal Personality.
2. the Community Shall Have In the Territory of Each Member State:
(a) the Legal Powers Required for the Performance of the Functions Assigned to It Under this Treaty;
(b) Power to Enter Into Contracts and Acquire, Hold and Dispose of Movable and immovable property.
3. In the exercise of its legal personality under this Article, the Community shall be represented by the Executive Secretary.
4. The privileges and immunities to be recognised and granted by the Member States to the officials of the Community, its institutions and their respective headquarters shall be as provided for in the General Convention on Privileges Immunities of the Community and the Headquarters Agreements.
Article 89. Entry Into Force and Ratification
This Treaty and the Protocols which shall form an integral part thereof shall respectively enter into force, upon ratification by at least nine signatory States, in accordance with the constitutional procedures of each signatory State.
Article 90. Amendments and Revisions
1. Any Member State may submit proposal for the amendment or revision of this Treaty.
2. Any such proposals shall he submitted to the Executive Secretary who shall notify other Member States thereof not later thirty (30) days after the receipt of such proposals. Amendments or revisions shall not be considered by the Authority unless Member States shall have been given at least three months notice thereof.
3. Amendments or revisions shall be adopted by the Authority in accordance with the provisions of Article 9 of this Treaty and shall be submitted for ratification by all Member Sates in accordance with their respective constitutional procedures. They shall enter into force in accordance with Article 89 of this Treaty.
Article 91. Withdrawal
1. Any Member State wishing to withdraw from the Community shall give to the Executive Secretary one year's notice in writing who shall inform Member States thereof. At the expiration of this period, if such notice is not withdrawn, such a State shall cease to be a member of the Community.
2. During the period of one year referred to in the preceding paragraph, such a Member State shall continue to comply with the provisions of this Treaty and shall remain bound to discharge its obligations under this Treaty.
Article 92. Transitional and Savings Provisions
1. Upon the entry into force of this revised Treaty in according with the provisions of Article 89, the provisions of the United Nations, Vienna Convention on the Law of Treaties adopted on 23 May 1969 shall apply to the determination of the rights and obligations of Member States under the 1975 ECOWAS Treaty and this revised Treaty.
2. The ECOWAS Treaty of 1975 shall be deemed terminated when the Executive Secretariat has received instruments of ratification of this revised Treaty from all Member States. The Executive Secretary shall notify the Member States in writing thereof.
3. Notwithstanding the provisions of paragraph 2 of this Article, all Community Conventions, Protocols, Decisions and Resolutions made since 1975 shall remain valid and in force, except where they are incompatible with the present Treaty.
Article 93. Depository Authority
The present Treaty and all instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies of this Treaty to all Member States and notify them of the dates of deposit of instruments of ratification and shall register this Treaty with the Organization of African Unity, the United Nations Organization and such other organizations as the Council may determine.
Conclusion
IN FAITH WHEREOF, WE, THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS), HAVE SIGNED THIS TREATY.
DONE AT COTONOU, THIS 24TH DAY OF JULY 1993 IN SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES, ALL TEXTS BEING EQUALLY AUTHENTIC.