Legal Organs

AU advisory board on corruption

Arusha International Conference Centre (AICC) Serengeti Wings, 3rd Floor
East Africa Road, Sekei
PO Box 6071
Arusha
UR of Tanzania
Internet: www.auanticorruption.org
Facebook: www.facebook.com/auanticorruption
Twitter: @info_auabc
Tel: +255 27 205 0030
Fax: +255 27 205 0031
Email: info@auanticorruption.org

Chairperson: Jean-Baptiste Elias, Benin (elected by the AU Executive Council in January 2013) (Acting) Executive Secretary: Djenna Diarra, Mali (appointed by AUC Chairperson in April 2014)

purpose

The Advisory Board on Corruption was established as part of the African Union Convention on Preventing and Combating Corruption, which entered into force in August 2006. Under article 22(5) of the Convention, the Board is mandated to promote and encourage States Parties to adopt measures and actions to meet the Convention objectives and to follow up the application of those measures. As at 28 August 2014, 36 countries had ratified the Convention and were States Parties to it. The full list of signatories and ratifications is at www.au.int/en/treaties under ‘status list’.

the convention objectives are to:

  • Promote and strengthen the development in Africa by each State Party of mechanisms required to prevent, detect, punish and eradicate corruption and related offences in the public and private sectors
  • Promote, facilitate and regulate cooperation among States Parties to ensure the effectiveness of those measures and actions in Africa
  • Coordinate and harmonise anti-corruption policies and legislation among States Parties
    • Promote socio-economic development by removing obstacles to the enjoyment of economic, social and cultural rights as well as civil and political rights
  • Establish the necessary conditions to foster transparency and accountability in the management of public affairs.

The Board is supported by an executive secretariat, managed by an executive secretary.

membership

The Board is composed of 11 members who serve in their personal capacities. Terms are for two years and members can be re-elected once. Potential members are nominated by AU Member States. The AU Executive Council elects the members, taking gender and geographical representation into account.

members january 2013 to january 2015

Jean-Baptiste Elias, Benin
Angela Barumpozako, Burundi
Pierre Nzobabela, Congo
Jacques III Achiaou, Côte d’Ivoire
Ali Sulaiman Mohamed, Ethiopia
Joe Tony Aidoo, Ghana (second term)
Salem Ben-Gharbia, Libya
M’pèrè Diarra, Mali (second term)
Julie Nne Onum-Nwariaku, Nigeria (second term)
Akossiwa Ayena, Togo
Edward Gamaya Hoseah, UR of Tanzania (second term)

bureau 2013–15

Chairperson: Jean-Baptiste Elias, Benin
Vice-Chairperson: Jacques III Achiaou, Côte d’Ivoire
Rapporteur: Angela Barumpozako, Burundi

AU commission on international law

AUCIL
Office of Legal Affairs of the AU Commission
PO Box 3243
Roosevelt Street (Old Airport Area) W21K19
Addis Ababa
Ethiopia
Tel: +251 11 551 7700
Fax: +251 11 551 7844
Internet: http://pages.au.int/aucil

purpose

The AU Commission on International Law (AUCIL) was created in 2009 as an independent advisory organ in accordance with article 5(2) of the AU Constitutive Act. Article 5(2) provides for the Assembly to establish organs as it deems necessary.

Under article 4 of the AUCIL’s Statute, the Commission’s objectives include to:

  • Undertake activities relating to codification and progressive development of international law in Africa with particular attention to the laws of the AU
  • Propose draft framework agreements and model regulations
  • Assist in the revision of existing treaties and identify areas in which new treaties are required
  • Conduct studies on legal matters of interest to the AU and its Member States
  • Encourage the teaching, study, publication and dissemination of literature on international law, in particular, the laws of the AU, with a view to promoting respect for the principles of international law, the peaceful resolution of conflicts, and respect for the AU and recourse to its Organs.

evolution

An African Commission on International Law was initially proposed in May 2004 by a meeting of experts reviewing OAU/AU treaties. In July 2004, the AU Executive Council requested the Chairperson of the Commission to elaborate detailed proposals on the mandate, structure and financial implications of the proposal (EX.CL/Dec.129(V)). The Assembly reaffirmed this in January 2005 as part of its decision on the African Union Non-Aggression and Common Defence Pact (Assembly/AU/Dec.71(IV)). Article 14 of the Pact undertook to establish an African Union Commission on International Law.

The AUCIL was formally established in February 2009 when its Statute was adopted by the AU Assembly 12th ordinary session (decision 209(XII)). The Assembly appointed members in July
2009 (decision 249(XIII)) following election and recommendation by the Executive Council.

structure

The AUCIL consists of 11 members elected by the AU Executive Council and reflecting the principles of equitable geographical representation, the principal legal systems and gender representation. The members serve in their personal capacities. They are elected by secret ballot, usually for five-year terms that are renewable once. No two members may be of the same nationality.

The Commission elects a chairperson, vice-chairperson and rapporteur as the Bureau. Terms are for two years, renewable once. The Bureau coordinates the Commission’s activities and between sessions acts on behalf of the Commission under the Chairperson’s guidance.

The Commission’s composition and the election of members is governed by articles 3 and
10–14 of its Statute. Members perform their duties on a part-time basis (article 15).

In accordance with article 21 of the AUCIL Statute, the AU Commission provides the staff and infrastructure to the AUCIL Secretariat to enable it to carry out its duties effectively. The AUCIL Secretariat is headed by a secretary and located in the Office of the Legal Counsel.

meetings

Under the AUCIL Statute, article 15, the Commission meets twice a year in ordinary session at AU Headquarters and may meet elsewhere. It may meet in extraordinary session at the request of the Chairperson or two-thirds of the members. The quorum is six members (article 16).

members

Elections were scheduled to take place at the January 2015 Summit for the seats held by
Commission members elected in 2009 for five-year terms.

Filali Kamel, Algeria (elected in July 2009)
Kholisani Solo, Botswana (re-elected in January 2014) Blaise Tchikaya, Congo (elected in July 2009)
Daniel Makiesse Mwanawanzambi, DR Congo (elected in July 2012)2
Minelik Alemu Getahun, Ethiopia (elected in July 2009) Naceesay Salla-Wadda, Gambia (re-elected in January 2014) Ebenezer Appreku, Ghana (elected in July 2009)
Boniface Obinna Okere, Nigeria (re-elected in January 2014) Cheikh Tidiane Thiam, Senegal (elected in July 2009) Adelardus Kilangi, UR of Tanzania (elected in July 2009)

Bureau (April 2014 to April 2016)

Chairperson: Adelardus Kilangi, UR of Tanzania
Vice-Chairperson: Daniel Makiesse Mwanawanzambi, DR Congo
General Rapporteur: Naceesay Salla-Wadda, Gambia

note

1 Rafâa Ben Achour, Tunisia, who was re-elected in January 2014, has resigned. He was to be replaced by a candidate from the same region at the January 2015 election for the remainder of the five-year term.2 Daniel Makiesse Mwanawanzambi was elected in July 2012 to replace Nkurunziza Donatien who resigned in 2011