BRIEFING BY DEPUTY MINISTER PAHAD TO THE PARLIAMENTARY PORTFOLIO COMMITTEE ON FOREIGN AFFAIRS: FEEDBACK OF THE AU SUMMIT AND PROGRESS OF NEPAD PROJECTS , 12 NOVEMBER 2003

The greatest single achievement of the 2nd Summit of the Union, which took place in Maputo from 4 to 12 July 2003, was its consolidation of the efforts since the Durban Summit to establish the African Union as Africa’s principal organisation aimed at the political and socio-economic integration of the continent. A feature of this process, in particular since the Lusaka Summit in 2001, has been the fine balance maintained between the interests of member states of the Union and the overall Union interest.

President Mbeki in his outgoing address as Chair of the Union said even though countries may defend their interests as member states in the various organs of the Union, they must at the same time be obliged to take into account the objectives and needs of the Union as a whole.  This fundamental process forms the cornerstone of the African Union, ensuring that the organs of the Union are organisational institutions and not inter-governmental conferences.  Since the Lusaka Summit it has become clear that the member states of the Union have not aspired to seek the lowest common denominator between them in the deliberations within each organ, but rather followed a course towards an optimum balance between the Union’s and the member states’ interests.

The definite highlight of the Maputo Summit was the election of former President Konaré of Mali as the new Chairperson of the Commission, while Mr Patrick Mazimhaka of Rwanda was elected as Deputy Chair of the Commission. This election was followed by the election of seven of the eight Commissioners by the Executive Council. It can be expected that the establishment of the outstanding organs of the Union will gain added impetus with the appointment of Commissioners, considering that they have to lead the respective processes in operationalising these structures.

The Assembly adopted the following draft protocols and conventions, and appealed to all member states to sign and ratify these important instruments in order to ensure their speedy entry into force:

At the Maputo Summit Mozambique took over as Chair of the Union from South Africa. South Africa will remain a member of the Troika until July 2004, when the next ordinary Summit of the Union will be held at the Headquarters of the Union in Addis Ababa.

In terms of the Implementation of the Maputo decisions, with specific reference to the Programme of Action for the next year, it could be expected that three Extraordinary Summits may be convened, on the issues of the Common African Defence and Security Policy; Employment and Poverty Alleviation; and Agriculture, Water Resources and Energy in Africa.

The Programme of Action will also include a number of Ministerial meetings for, inter alia, Ministers responsible for Defence, Health, Maritime Transport, Labour and Social Affairs, and Trade. Experts meetings and conferences are to be held on the launch of the Specialised Technical Committees; elections, democracy and good governance; the review of OAU Treaties and Conventions; the Algiers Convention on the Prevention and Combating of Terrorism; Africa-Wide Capacity Building in Biosafety; issue of anti-personnel mines in Africa; maritime legislation; the Common African Defence and Security Policy; the relationship between the African Union and the RECs; alternative sources for funding the African Union; and the establishment of an African Audiovisual and Cinema Commission.

An overview of the outcomes of the Summit is provided hereunder in the following order:

Developments concerning the establishment of the ORGANS of the African Union

Of the eighteen organs of the African Union, three have been established, namely the Assembly, the Executive Council and the Permanent Representatives Committee. The Protocols pertaining to the establishment of three more organs, the Pan-African Parliament, the Peace and Security Council and the Court of Justice are in the process of being signed and ratified by member states, al three requiring a simple majority for them to enter into force.

As mentioned by President Mbeki in his outgoing address as Chair of the Union, the organs of the African Union that have been launched so far are all state related, while none of the ‘Peoples Organs’, neither the Pan-African Parliament nor the Economic, Social and Cultural Council (ECOSOCC) have become operational at this stage. The particular concern of the President was about alienating the people in the establishment of the Union, in view of the commitment to ensure the involvement of civil society organisations and professional bodies in the process of establishing the Union.

Progress re AU Organs:

Pan-African Parliament (PAP)

The Assembly noted with appreciation the conclusions of the meeting of African Parliaments held in Cape Town from 30 June to 1 July 2003 and welcomed the establishment of the Steering Committee set up in pursuance of the Durban Decision aimed at speeding up the process of ratification of the Protocol to the Treaty establishing the African Economic Community relating to the PAP.

In its decision on the PAP, the Assembly urged all member states which have not already done so, to speed up the process of signing and ratifying the Protocol by 31 December 2003, if possible, to enable the Protocol to enter into force, and the Parliament to meet before 31 January 2004. To this end, the Assembly mandated the Chairperson of the Union, in consultation with the Commission, to determine the beginning of the first term of office of the PAP in terms of Article 5 (2) of the Protocol, as soon as the Protocol comes into force.

I am happy to inform the Committee that 27 countries have ratified and therefore the PAP can now be operational.

Peace and Security Council (PSC)

The Assembly underscored the urgency of the entry into force of the Protocol relating to the Establishment of the PSC and the importance it attaches to the establishment of this key organ as a body responsible for conflict prevention, management and resolution. Pursuant to Article 9(2) of the Constitutive Act, and in the event where the Protocol on the PSC enters into force before its next ordinary session, the Assembly authorised the Executive Council to take the necessary measures for the operationalisation of the PSC, including the election of members of the Council and the adoption of the Rules of Procedure of the organ.

In this regard, the Commission was commended for its initiatives to facilitate the operationalisation of PSC once it has entered into force, particularly with regard to the preparation of the Rules of Procedure of the PSC; the modalities of the Panel of the Wise; and the establishment of the African Standby Force and the Military Staff Committee.

Member states that have not yet signed and ratified the Protocol on the PSC were urged to do so. The Commission was requested to convene a meeting of continental experts to consider the Rules and Procedure of the PSC and the Modalities of the Panel of the Wise in order to make recommendations to the Executive Council in March 2004. In addition, the Commission was requested to continue initiatives on these issues and take the necessary steps to prepare a Memorandum of Understanding on the relations between the African Union and the Regional Conflict Prevention, Management and Resolution Mechanisms and the establishment of the Early Warning System provided for under the Protocol.

Court of Justice

The Assembly adopted the Draft Protocol on the Court of Justice and requested member states to sign and ratify the Protocol to ensure its early entry into force. On a related matter, the Executive Council decided that the African Court on Human and Peoples' Rights must remain a separate and distinct institution from the Court of Justice.

South Africa is in the process of ratifying this protocol. The Department of Justice is the lead department in this respect.

The Commission

It should be recalled that the Durban Assembly adopted the Statutes of the Commission, which required that the organisation and structure of this organ, as well as the appointment of the Chair, Deputy Chair and Commissioners, be finalised during the Maputo Summit. This must be considered as one of the major achievements of the Maputo Summit, specifically in terms of creating the core of all programmes and projects of the Union.

The Assembly on 11 July 2003 elected Mr Alpha Omar Konaré, the former President of Mali, as the new Chair of the Commission of the Union, while Mr Patrick Kayumba Mazimhaka of Rwanda was elected as Deputy Chair of the Commission. This election was followed by the Executive Council's election of the following persons as members of the Commission:

The Assembly decided that the Commissioner for the Economic Affairs portfolio be elected by the Executive Council in February 2004 from male candidates from the Southern Region. It is expected of Malawi to nominate a person for this position.

The Assembly commended the Interim Chairperson, the Interim Commissioners and the entire staff of the Commission for the excellent results achieved in implementation of this Durban Decision on the Interim Period. To this end it approved the Structure and Conditions of Service of Staff and all the related Executive Council recommendations as contained in the above Decisions, and requested the Chairperson of the Commission, in conjunction with member states, to take all appropriate measures to implement the decision.

In terms of the integration of the NEPAD Secretariat into the Commission it was decided that the process should be gradual and should commence after the Maputo Summit, with a possible duration of three years or until the structures of the Union are fully operational, whichever comes first.

The Executive Council agreed that member states will each be allocated four Commission staff posts, based on their membership of the Union. Additional posts will be allocated on the basis of the assessed contribution of each member state. Under the approved structure of the Commission, this may translate in up to 22 posts assigned to South Africa. Concerning salary scales, it was decided to adopt the SADC Salary Scale with ten steps in all its grades and with an annual increment for the professional staff of the Commission.

In terms of recruitment, the Executive Council decided that posts within Grade GSA4 and above be opened to all nationals of member states for both international and local recruitment. Posts below GSA4 will be opened to all nationals of member states but recruitment will be strictly on local terms.

Economic, Social and Cultural Council (ECOSOCC)

Regarding the establishment of ECOSOCC, the Chairperson of the Commission was requested to widen the consultations on the draft Statutes of ECOSOCC with Civil Society Organisations (CSOs) in order to ensure that a cross section of views of the CSOs is reflected in the draft Statutes. Furthermore, the Commission was requested to ensure the early circulation of the draft Statutes to the PRC, and the organisation of a meeting for its review, before submission to the next session of the Executive Council.

Specialised Technical Committees (STCs)

Concerning the establishment of the Specialised Technical Committees (STCs), the Commission was requested by the Executive Council to deepen the study on the launch of the STCs, to be submitted to member states and the various concerned African Ministerial Sectoral Conferences. The Permanent Representatives' Committee was requested to submit a report on the STCs to the next session of the Executive Council.

Council on the Future of the Union

Following a presentation by President Wade of Senegal on the establishment of a Council on the Future of the Union, the Assembly approved the principle of the establishment of such a Council, and mandated the Chairperson of the Commission to work out the modalities for the implementation of this initiative, and to submit to the next session of the Assembly proposals regarding the status, mandate, functioning and composition of the Council.

Implementation of the Maputo decisions, with specific reference to the PROGRAMME OF ACTION for the next year

Protocols and conventions to be signed and ratified

The Assembly appealed to all member states to sign and ratify these important instruments in order to ensure their speedy entry into force:

Hosting of extraordinary Summits

Concerning the debate on the Draft Framework of the Common African Defence and Security Policy (CADSP), the Assembly commended the efforts deployed by South Africa to implement the Durban Decision on the establishment of the CADSP. The Commission was requested to conduct further consultations with all stakeholders including Ministers responsible for Defence and Security and legal Experts with the view to finalising the CADSP in time for consideration by the next Session of the Assembly; or at an Extraordinary Session of the Assembly to be convened by the Current Chairperson if deemed necessary.

The Assembly welcomed the offer of President Compaore of Burkina Faso to host an Extraordinary Summit on Employment and Poverty Alleviation in Africa in 2004 and invited all member states to participate actively in the Summit. The Commission was requested to make the necessary arrangements, in collaboration with the RECs, the ILO and other partners and stakeholders to convene the Summit.

Following on the 1st Session of the Conference of Africa Ministers of Agriculture held in Maputo on 2 July 2003, member states were requested to submit to the Commission proposals on the strategic themes for possible inclusion on the agenda of a proposed Extraordinary Summit on Agriculture, Water Resources and Energy in Africa. To this end the Commission was requested to initiate a feasibility study with appropriate Terms of Reference on the themes of the Extraordinary Summit, using as guide the proposals put forward by Colonel Muamar Khaddafi of Libya.

Hosting of Ministerial meetings

The Executive Council mandated the Chairperson of the Commission to organise meetings of the Conference of African Ministers of Health once every two years with retroactive effect from April 2003, and to report regularly to the Executive Council on progress made in this regard. This followed the Executive Council's endorsement of the recommendation contained in the report of the 1st Ordinary Session of the African Union Conference of African Ministers of Health, held in Libya from 26 to 30 April 2003, and appealed to member states, in accordance with the Abuja Declarations of 2000 and 2001 to allocate resources for the effective implementation of the recommendations of the African Union Ministerial Conference.

To this end, the Executive Council appealed to member states to support the implementation of relevant health initiatives and partnerships such as NEPAD, GFATM, Roll Back Malaria, International Partnership against AIDS in Africa, Stop TB, Global Alliance for Vaccines and Immunisation and Kick Polio out of Africa. The RECs were requested to establish Health and Social Affairs Desks to coordinate Health and Social Affairs programmes and activities among respective member states, in collaboration with the African Union and the relevant UN and other international agencies.

Regarding maritime security in Africa, the Executive Council requested the Commission to carry out the revision of the African Maritime Charter and the Model Maritime Legislation with a view to adapting them to the prevailing conditions, and also requested the Commission to study containerisation and the possibility of establishing a container centre in Africa. The Commission was furthermore requested to convene a Conference of Ministers in charge of Maritime Transport preceded by a preparatory meeting of experts to consider and adopt the revised documents.

The Executive Council endorsed the recommendations as contained in the report of the 1st Ordinary Session of the Labour and Social Affairs Commission of the African Union, held in Mauritius from 10 to 15 April 2003. It called on members of the Bureau and the Commission to follow up on and monitor the implementation of the decisions and recommendations of the Labour and Social Affairs meeting. The Commission was requested to ensure that the principle of tripartism be adhered to in the Rules of Procedure of the Specialised Technical Committee on Labour, Employment and Social Affairs, and maintain the annual meeting on Labour and Social Affairs when the relevant African Union organs are established and consolidated. Related to the above, the Executive Council welcomed the decision to elaborate a Social Policy Framework for Africa, and requested the establishment of a tripartite Committee to draft the Terms of Reference and supervise the work of consultants to produce the Framework, and called on the ILO and other social partners to support and assist in the drafting of the Framework.

Hosting of Experts meetings

The Assembly welcomed the Communiqué of the Conference on Elections, Democracy and Governance held in Pretoria from 7 to 10 April 2003, and commended South Africa for hosting the conference. The Commission was requested to forward to member states the Communiqué and the other conclusions of the Pretoria Conference for consideration and comments. Member states were requested to study and implement the provision of the Communiqué and Conclusion of the Conference. Further to this matter, the Commission was requested by the Executive Council to convene a meeting of government experts to examine the documents emanating from the Pretoria Conference, particularly the document on directives regarding African Union election observation and monitoring missions and the document on the prospects of establishing an Electoral Assistance Fund. Lastly, the Executive Council welcomed the proposal of the Commission to formulate the draft document on Democracy and Governance that will take on board all the commitments by member states in this respect, and requested the Commission to present this document to the proposed meeting of government experts for consideration.

Concerning the decisions of the Executive Council, the Commission was requested to accelerate the preparation of a new draft Protocol on Relations between the African Union and the RECs; to widen the consultations on the new Protocol to also involve member states and other stakeholders; and to keep member states informed of progress. The RECs were requested to cooperate with the Commission in order to ensure a speedy conclusion of the new Protocol, which is to be presented to the next meeting of the Executive Council.

Regarding the all-important review of OAU Treaties and Conventions to determine their relevance to the African Union, the Commission was requested to finalise the review and to convene a meeting of experts, in the latter part of 2003, to consider the review.

Terrorism

The Assembly welcomed the entry into force, on 6 December 2002, of the Algiers 1999 Convention on the Prevention and Combating of Terrorism, and urged all member states that have not yet done so to become parties to the Convention as a matter of priority. The Assembly endorsed the Plan of Action and the recommendations of the Inter-Governmental High Level Meeting on the Prevention and Combating of Terrorism in Africa, held in Algiers from 11 to 14 September 2002, and requested the Commission to take the steps required for the implementation of the Plan of Action. Furthermore, the Commission was requested, in consultation with member states, to finalise the Draft Protocol to the Algiers Convention on the Prevention and Combating of Terrorism to be submitted to a meeting of experts of member states, for subsequent submission to the policy organs of the Union.

With reference to the importance of demining, as well as assistance to victims of landmines and the rehabilitation of mined areas, the Executive Council welcomed the proposal made by Angola to convene a continental conference on the problem of anti-personnel mines, including the status of implementation of the Ottawa Convention, and requested the Commission to facilitate the early organisation of the Conference.

Regarding the Africa-Wide Capacity Building in Biosafety, the Executive Council appealed to all member states, in abiding by the provisions of the Cartagena Protocol, to use the African Model Law in Biosafety prepared by the Commission as a basis for drafting their national legal instruments in Biosafety, taking into account their national peculiarities, in order to create an harmonised Africa-wide space and system in Biosafety for the regulation of Genetically Modified Organisms (GMO) movement, transportation and importation in Africa. To this end, the Commission was requested to convene a meeting of Experts and CSOs to give further consideration to this issue and come out with proposals for an African Common Position for adoption by the policy organs of the African Union.

The Executive Council requested the Commission to forward the Synoptic Report of Alternative Sources for Funding the African Union to Member States for consideration by their competent departments. In addition, the Commission was requested to update as appropriate the Study on Alternative Sources of Funding of the AU, taking into account the views expressed by member states, and convene a meeting of Experts of Member States to examine the Report and submit recommendations for consideration by the next session of the Executive Council.

Concerning the establishment of an African Audiovisual and Cinema Commission, the Executive Council urged member states and the private sector to implement the relevant provisions of the Dakar Plan of Action on Cultural Industries as adopted by the OAU Assembly of Heads of State and Government meeting in July 1992 in Dakar, Senegal. To this end the Executive Council requested the Commission to take appropriate steps, in conjunction with the Pan-African Federation of Film-makers, FEPACI, URTNA, MASA, FESPACO and all stakeholders to hold consultations and conduct preliminary studies with a view to establishing an African Commission on the Audiovisual and Cinema Industry as well as a Fund to promote the cinema industry and television programmes in Africa. The Commission was furthermore requested to ensure that the statutes of these structures facilitate the participation of the African Union, the RECs, member states, the private sector and civil society in the activities of these structures.

Conflict situations

The Assembly welcomed the partnership developing between the African Union and the EU in promoting peace, security and stability in Africa, as a crucial area of cooperation and dialogue, and expressed its gratitude to the EU for the assistance rendered so far, especially in support of its peace and security agenda. To this end, the EU was requested to examine the possibility of setting up a Peace Support Operation Facility (PSOF), to fund peace support and peace keeping operations conducted under the authority of the African Union, thereby enhancing the capacity of the Union to fully play its role in the promotion of peace, security and stability in Africa. It is proposed that the PSOF should be based on the principle of solidarity among African countries and be financed from resources allocated to each of them under the existing cooperation agreements with the EU, initially supplemented by an equivalent amount of unallocated European Development Fund (EDF) resources. The Commission was requested to liaise with the EU Commission to work out the modalities and functioning of the PSOF which should be sustainable and replenished whenever necessary.

Concerning Madagascar, the Assembly endorsed the recommendation of the Central Organ meeting at the level of Heads of State and Government, in Addis Ababa on 3 February 2003, that Mr Marc Ravalomanana be recognised as the legitimate President of Madagascar, and decided that Madagascar should resume its seat within the decision-making bodies of the African Union. The Government of Madagascar was requested to continue in its policy of national reconciliation.

Regarding the situation in Liberia, the Executive Council reiterated the position of the African Union as enunciated in the Algiers Decision of 1999 and the Lomé Declaration of 2000, that the Union will not recognise any unconstitutional change of government. The Executive Council appealed to the parties to extend their cooperation to the mediator, General Abubakar of Nigeria, supported by the team of Facilitators representing the international community including the African Union, in the resumed negotiations in order to expedite the conclusion of a comprehensive peace agreement. To this end the Executive Council called on the international community to support the efforts of ECOWAS to deploy an Interposition Force as well as an International Stabilisation Force, for the purpose of securing the cease-fire and facilitating the restoration of peace and security in Liberia.

The Executive Council reaffirmed the African Union's commitment to the unity, territorial integrity and independence of Somalia, and expressed its satisfaction at the progress achieved at the ongoing Somalia National Reconciliation Conference at Mbagathi in Kenya. The National Transition Government and the Parties were urged to continue to demonstrate the required political will in order to ensure the successful conclusion of the Conference, while the Frontline States, namely, Djibouti, Ethiopia and Kenya, as well as the partners that have supported the Conference so far, were urged to redouble their collective efforts in speeding up the peace process.

The Executive Council expressed its support to the decision of the 92nd Ordinary Session of the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution at Ambassadorial level, held on 12 and 13 June 2003 in Addis Ababa, which expressed the readiness of the African Union to play the role expected of it in support of the reconciliation process, including the deployment of an African Union Military Observer Mission in Somalia to monitor the cessation of hostilities provided for in the Eldoret Declaration of 27 October 2002. To this end the Executive Council appealed to donors and the international community at large to provide the support and assistance required to facilitate the deployment of the African Union Military Observer Mission in Somalia.

Regarding the peace process in the Sudan, the Executive Council welcomed the progress made in the peace talks under the auspices of IGAD and with the support of the international community. It was also decided to establish a Ministerial or Presidential Committee, if necessary, under the Chairpersonship of South Africa to follow-up on the post conflict reconstruction in the Sudan. The membership of the Committee will be determined in consultation with South Africa, the Sudan and the Commission.

Concerning the peace process in Burundi, the Executive Council expressed serious concern at the continued hostilities in Burundi and the difficulties being encountered in the implementation of the 2 December 2002 Cease-fire, and invited the Regional Initiative for Peace in Burundi to convene a Regional Summit (to be convened by Uganda) as a matter of utmost urgency to resolve the pending issues. Mr Agathon Rwasa’s PALIPEHUTU/FNL party was urged to put an end to its attacks and to join the Peace Process with a view to concluding a Cease-fire Agreement. The Commission was encouraged to take the most appropriate measures to backstop the efforts deployed to this effect; and in the event of this group persisting in its refusal, envisage measures to prevent it from continuing with acts of violence against innocent civilians.

The Executive Council also welcomed the deployment in Burundi of African Union observers pursuant to the Decision of the Central Organ meeting in its 88th Ordinary Session at Ambassadorial level on 14 January 2003, and expressed gratitude to Burkina Faso, Gabon, Mali and Tunisia that contributed observers for this Mission. It also welcomed the ongoing efforts, in conformity with the Decision of the Central Organ meeting in its 91st Ordinary Session on 2 April 2003, to conclude the process of deployment of the African Mission in Burundi as stipulated under the 2 December 2002 Cease-fire Agreement, and reiterated the African Union’s gratitude to South Africa, Ethiopia and Mozambique for having contributed troops to constitute the African Mission in Burundi. To this end the Executive Council expressed its concern at the inadequate financial and logistics resources which have considerably delayed the deployment of the African Mission, and reiterated the African Union’s urgent appeal to member states, the UN and the international community at large to provide the requisite financial and logistics support for the deployment and operationalisation of the African Mission in Burundi, thereby consolidating the progress achieved in the peace process in that country.

The Executive Council took note with satisfaction of the positive developments in the peace process in the Democratic Republic of Congo (DRC), particularly the signing by the parties to the Inter-Congolese Dialogue on 2 April 2003, in Sun City of the Final Act of the Dialogue under which they undertake to abide by the decisions taken throughout the process. The Executive Council also welcomed the formation of a transition government and urged the internal and external stakeholders in the DRC to observe and implement the Agreements they have signed.

Concern was expressed over the grave security and humanitarian situation prevailing in the Ituri province, particularly in Bunia and its surrounding area. To this end, the Executive Council demanded that all parties to the conflict in the province put an end to all acts of violence and immediately implement the Cease-fire Agreements signed on 18 March and 16 April 2003, in Bunia and Dar-Es-Salaam respectively, and urged the states of the region to assist actively in stopping the supply of arms, ammunition and logistic resources to armed groups and militia in the Ituri region.

In addition, the Executive Council welcomed the Security Council resolution No. 1484 (2003) pursuant to Article VII of the UN Charter, to deploy an Interim Multi-National Emergency Force to assist in stabilising security conditions and improving the humanitarian situation in Bunia, and requested all parties to the conflict as well as the countries of the region to cooperate with the Emergency Force and provide it with the necessary assistance to ensure the success of its mission. Lastly, the Executive Council requested member states of the African Union and the international community as a whole, to contribute to the strengthening the UN Mission in the Congo (MONUC) with a view to replacing the Interim Multi-National Emergency Force when its mandate ends on 1 September 2003.

The Executive Council reiterated the support of the African Union for the proposed International Conference on Peace, Security, Democracy and Development in the Great Lakes Region. It welcomed the 1st Meeting of National Coordinators of the International Conference held in Nairobi from 23 to 24 June 2003, and encouraged the Chairperson of the Commission to pursue his efforts in concert with the UN and the States of the Region and take all the necessary measures to support the preparatory process, thereby contributing to the success of the conference. In this regard, the Executive Council expressed its satisfaction at the active partnership and fruitful cooperation between the UN and the African Union, particularly through the Office of the Special Representative of the UN Secretary General for the Great Lakes Region and the Special Envoy of the Chairperson of the Commission, in all the initiatives relating to the preparation of the International Conference.

Regarding the situation in the Comoros, the Executive Council urged all Comorian parties involved in the reconciliation process to demonstrate a spirit of dialogue and accommodation to facilitate the completion of the process of setting up the institutions provided for in the Fomboni Agreement, and to speed up the reconciliation process. To this end the Ministerial Committee of the countries of the region and the Troika were requested to pursue their efforts to resolve all outstanding issues to pave the way for legislative elections.

The Executive Council reaffirmed its unwavering commitment to the relevant Algiers Decision of July 1999 and the Lomé Declaration on Unconstitutional Changes of Government, and endorsed the decision on the situation in the Central African Republic (CAR) taken by the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution meeting in its 90th Ordinary Session on 17 March 2003. To this end the Executive Council recommended the suspension of the participation of the CAR in the activities of the decision-making organs of the African Union in conformity with the Lomé Declaration. The Commission was requested to speed up the process of opening an African Union Liaison Office in the CAR in pursuance of the above Central Organ decision.

The Executive Council welcomed the signing on 3 May 2003 of the comprehensive and definite cease-fire agreement between the National Armed Forces of Côte d'Ivoire and the New Forces and urged all the parties to honour the commitments made and create an environment conducive to the implementation of this agreement. Furthermore, the Executive Council expressed its satisfaction at the 4 July 2003 joint statement of the Armed Forces of Côte d'Ivoire and the New Forces proclaiming the end of hostilities, and affirming in particular the subordination of the Defence and Security Forces of Côte d'Ivoire and the New Forces to the President of the Republic and the National Reconciliation Government. The Executive Council also welcomed the joint deployment of troops of the Armed Forces of Côte d'Ivoire, the New Forces, of ECOWAS and of the Licorn Operation aimed at ensuring security in the west of the country; the opening of an African Liaison Office in Abidjan; and the official establishment of the UN Mission in Côte d'Ivoire.

The Executive Council reiterated the African Union's commitment to the achievement of a peaceful solution to the Palestinian-Israeli conflict, and reaffirmed its support for the rights of the Palestinian people to national independence and the exercise of sovereignty in their state Palestine with East Jerusalem as its capital. In this regard the Executive Council welcomed the universally supported vision of two states, Palestine and Israel, living side by side in secure and recognised boundaries, and urged the two sides to implement the Road Map in the Middle East without any delay or alternation (note: reservation by Libya on the Road Map). The Executive Council reaffirmed its decision to set up a committee of ten members in order to activate the peace process in the Middle East, in accordance with its decision AHG/Dec.182 (XXXVIII) adopted in July 2002 in Durban.

NEPAD

There are several African projects, which have been identified under NEPAD, which will provide ample business opportunities.

Projects from the NEPAD short-term infrastructure action plan include:

Transport

Construction and rehabilitation of road corridors.

Aviation

Water

Energy

ICT

Tourism

The Assembly endorsed the NEPAD Progress Report as submitted by President Obasanjo in his capacity as Chair of the NEPAD Heads of State and Government Implementation Committee (HSIC), and commended the HSIC and its supporting structures for their coordination and catalytic role in facilitating the implementation of NEPAD priority programmes and projects in Africa, specifically through cooperation and collaboration with the RECs.

The Assembly noted the progress made in the area of agriculture, especially in the area of detailed and costed country and region-specific agricultural projects for implementation under the Comprehensive African Agriculture Development Programme (CAADP). The Assembly also noted the implementation of infrastructure high priority projects in energy, transport, water and sanitation, and information and communication technology (ICT) identified under the revised Infrastructure Short-term Action Plan (STAP), as well as progress in developing the Medium to Long-Term Infrastructure Action Plan.

The Assembly decided that the coordination of all NEPAD sectoral programmes, initiatives and related activities must continue to be undertaken through the HSIC and its supporting structures. The HSIC was also encouraged to explore adequate funding mechanisms for the sustainable financing of NEPAD programmes and projects, including the possibility of a NEPAD Trust Fund. The Assembly urged that programmes identified in each priority area, such as infrastructure and agriculture, be urgently implemented and that each region and member state, through the RECs, provide assistance in the further development and implementation of these programmes. Member states and the RECs were called upon to promote and implement these priority programmes and projects as well as to develop detailed and costed action plans in the areas of health, education, culture, science and technology, environment and tourism.

Member states were also requested to continue with the popularisation of NEPAD amongst all sectors of society on the African continent. The linkage of the work of the Committee of African Ministers of the Public Service and the programmatic thrust of NEPAD was acknowledged, with the request that their work must be incorporated as an important element of the overall African Union programme.

With reference to the African Peer Review Mechanism (APRM), the Assembly welcomed the progress made especially regarding the accession of a number of member states to the APRM and the appointment of the Panel of Eminent Persons. Other member states were encouraged to also accede to the APRM.

Further to the 2nd Special Session of the African Ministerial Conference on the Environment held in Maputo from 9 to 10 June 2003, the Assembly endorsed the Action Plan of the NEPAD Environment Initiative and invited the cooperation of the Commission, the NEPAD Secretariat, the UNEP and other partners in order to give effective support to all the member states and the RECs in the implementation of the Action Plan. Bilateral and multilateral partners were invited to actively participate in the donors' conference on the Action Plan, to be held in Algiers, in December 2003.

With specific reference to the Comprehensive African Agriculture Development Programme, the Assembly called for the urgent implementation of the CAADP and flagship projects and involving Action Plans for agricultural development, at the national, regional and continental levels. To this end, the Assembly agreed to adopt sound policies for agricultural and rural development. Heads of State and Government committed themselves to allocating at least 10% of national budgetary resources for their implementation within five years. The Commission, the NEPAD Steering Committee, the FAO and other partners were called upon to continue their cooperation in providing effective support to member states and the RECs in the implementation of the CAADP. The Assembly also called for the process of establishing the African Investment Bank to be accelerated, and requested the Bank to give priority to investment in agricultural production.

Concerning the integration of NEPAD into the African Union structures and processes, the HSIC, supported by the NEPAD Steering Committee and the NEPAD Secretariat, were mandated to continue their vital work of ensuring the implementation of NEPAD programmes. The Chairperson of the Commission, in consultation with the Chairperson of the HSIC, was mandated to operationalise the following, with the flexibilities as may be required:

    1. Establish appropriate linkages between the NEPAD Steering Committee with the relevant organs of the African union, including the Executive Council and the Permanent Representatives Committee, in order to ensure integrated inputs into the work of the HSIC;
    2. Formalise the working relations between the Commission and the NEPAD Secretariat, especially for programme coordination and harmonisation;
    3. Align and harmonise the NEPAD Secretariat conditions of service, rules of recruitment and accountability with those of the Commission;
    4. Enter into a temporary host agreement with the South African Government with a view to providing the NEPAD Secretariat with the legal status of an African Union office operating outside the Headquarters of the Union, for a transitional period of three years as from July 2003, or until such time the relevant structures of the Union are fully operational, whichever comes first;
    5. Develop a sustainable funding mechanism for NEPAD after its complete integration into the African Union structures and processes.

The Chairperson of the Commission, in consultation with the Chairperson of the HSIC, was mandated to appoint the Executive Head of the NEPAD Secretariat during the transitional period. Member states were encouraged to make voluntary contributions towards the operational budget of NEPAD and its structures during the transitional period.

The Assembly called upon the international community to continue its enhanced support towards the implementation of NEPAD, and on the HSIC to further intensify its efforts in engaging Africa's development partners in both developed and developing countries.

In addition to the above, the Executive Council requested the Chairperson of the Commission to establish a NEPAD Coordinating Unit of not more than five staff in the Commission in order to facilitate the functional and programmatic aspects of the integration process, and to make proposals to the Permanent Representatives Committee, regarding the grading of the staff, taking into account the recommendations already made by the PRC concerning the Structure. All other issues brought out in the Study on the Integration of NEPAD into the African Union Structures and Processes, which do not relate directly to the structures of the African Union, must be left to the HSIC that had commissioned the study. Lastly, Regional Representatives in both the NEPAD Steering Committee and HSGIC were requested to keep all member states of their respective regions informed regularly of developments within NEPAD.

Other outcomes of the Maputo Summit

Assembly decisions and declarations

The Assembly adopted the 16th Annual Activity Report of the African Commission on Human and Peoples’ Rights (ACHPR) and requested that the ACHPR continue, in concert with the Commission of the African Union, to enhance interaction and coordination with the different organs of the African Union in order to strengthen the African Mechanism for the Promotion and Protection of Human and Peoples’ Rights. The Assembly also mandated the Executive Council to consider the Annual Activity Report of the ACHPR and to submit a report to it. The following persons were appointed as members of the ACHPR:

The following persons were appointed as members of the African Committee of Experts on the Rights and Welfare of the Child:

Related to the above, the Executive Council endorsed the Kigali Declaration adopted by the 1st Ministerial Conference of the African Union on Human Rights in Africa on 8 May 2003, and called upon member states and the Commission to take the necessary steps to fully implement the Kigali Declaration and the Grand Bay Declaration and Plan of Action.

The Assembly supported the suggestion by Tunisia aimed at proclaiming 2004 the 'International Year for Physical Education and Sports in the Service of Development and Peace', to be submitted for adoption to the 32nd UNESCO General Assembly (29 September to 17 October 2003) and the 58th Session of the UN General Assembly (September to November 2003).

The Assembly welcomed the proposal of President Ben Ali of Tunisia, calling for an international conference to draw up a Code of Conduct on counter terrorism. In terms of paragraph 112 of the Final Declaration of the 13th Summit of Non-Aligned Countries held in Kuala Lumpur, related to the drafting of a Counter Terrorism Code of Conduct under the auspices of the UN, the Assembly appealed to all member states of the UN and international organisations to support this initiative and possibly contribute to its concretisation when it is tabled before the UN General Assembly.

The Assembly adopted the Maputo Declaration on Malaria, HIV/AIDS, Tuberculosis and Other Related Infectious Diseases, in which it reaffirmed the commitments enshrined in the Abuja Declarations and Plans of Action on respectively Roll Back Malaria and HIV/AIDS, Tuberculosis and Other Related Infectious Diseases. To this end the Assembly reiterated its commitment to intensify and consolidate efforts for their implementation. The Assembly also stated its resolve to continue to support the implementation of the Plan of Action for the African Union Decade for African Traditional Medicine (2000 to 2010), especially research in the area of treatment for HIV/AIDS, Tuberculosis and Other Related Infectious Diseases.

In its Declaration on the 5th WTO Ministerial Conference to be held in Cancun, the Assembly endorsed the Mauritius Declaration on the 5th WTO Ministerial Conference and its annex on the African Common Position on the WTO issues. The Assembly reiterated that the RECs are the pillars of the African Economic Community (AEC), are essential for the promotion of Africa's socio-economic development; and serve as the dynamic building blocks of Africa's effective integration into the Multilateral Trading System (MTS). It expressed grave concern about the lack of transparency and inclusiveness in the WTO negotiations and decision-making processes, to which end it called for measures to ensure the effective participation of African countries in the processes leading to the 5th WTO Ministerial Conference and beyond. The Assembly regretted the deadlock over the issue of granting observer status to the African Union in the WTO, and called upon WTO member states to support Africa in an effort to secure Observer Status for the African Union. The Chairperson of the Union in consultation with the Commission was mandated to set up a negotiating team, having due regard to regional representation and headed by an experienced person; to negotiate on behalf of all member states the fundamental issues that are being negotiated in the WTO.

The Assembly also adopted the Declaration on the Economic Partnership Agreement (EPA) negotiations, in which it endorsed the Mauritius Declaration on Preparations for EPA negotiations and the Report of the Executive Council on this issue. It directed African negotiators to ensure that EPAs are compatible with the objectives and principles of the Constitutive Act of the African Union, the Abuja Treaty and NEPAD. To this end the Assembly mandated the Commission to coordinate, monitor and harmonise the efforts of the concerned RECs and member states in the negotiations of EPAs with the EU, and establish an appropriate mechanism for cooperation and coordination between the Permanent Representatives Committee in Addis Ababa, the African Groups of Ambassadors and Negotiators in Brussels and Geneva, as well as with the capitals of concerned member states. The Commission was further directed to work towards the establishment of a joint African Union/EU Monitoring Mechanism to include the various African regional negotiating groups and/or RECs with a view to monitoring the entire process of EPAs; facilitating the implementation of the regional integration programmes under the ACP/EU Cotonou Agreement; the Ninth EDF, including capacity-building programmes; and ensuring the coherence of these programmes with the priorities and objectives of the African Union.

Concerning the promotion of the development of sustainable cities and towns in Africa, the Assembly commended the efforts being made by various African governments and their people in overcoming the challenges posed by rapid urbanisation. To this end the Executive Director of UN-HABITAT was requested to continue rendering support to the Commission in the implementation of the current decision.

Lastly, the Assembly commended Dr Jacques Diouf, Director General of the Food and Agriculture Organisation, for his commitment to, and pioneering concrete actions towards the development and improvement of agriculture, enhancement of food security and eradication of poverty in Africa.

Executive Council decisions

In its deliberations, the Executive Council endorsed the Decisions of the 1st Session of the Ministerial Sub-Committee on Trade, under the Specialised Technical Committee on Trade, Customs and Immigration, and requested the Commission to take the necessary measures and actions, in collaboration with the RECs and relevant institutions, to implement the decision and report periodically to the Executive Council.

The Executive Council took note of the Report of the 1st Ordinary Session of the African Union Conference of Ministers of Health and the World Report on Violence and Health, and urged all member states to prioritise the development and implementation of multi-sectoral national plans of action for the prevention of violence and enhanced systems for the collection of data on violence. Member states were also requested to declare 2005 an "African Year of Prevention of Violence", aiming to scale up and coordinate prevention policies and activities. In this regard the Chairperson of the Commission was requested to mobilise support for national and international actions to prevent violence in all its forms and to provide improved medical and psychosocial care and support to victims of violence in all its forms, and to report regularly to the Executive Council on progress made.

Regarding the matter of polio eradication in Africa, the Executive Council was resolved to initiating the process of documentation necessary to eventually certify the countries of the African continent as polio-free. To this end the Executive Council requested the continuance to build on the human, physical and institutional infrastructure established for polio eradication, to enhance the control of other serious diseases in the African continent, and the allocation of the necessary domestic resources and support of the international community. It was decided that the progress made in the certification of a polio-free Africa must be reviewed at each session of the Conference of the African Union Ministers, in addition to which the Chairperson of the Commission in collaboration with WHO and UNICEF must report annually to the Assembly on the progress made in eradicating polio from Africa.

The Executive Council welcomed the creation of the African Council for Sustainable Development (ACOSHED) and recognised the important role that the Organisation played in fostering African ownership of health policies and service delivery reforms as well as in promoting sustainable health development in Africa. In this regard the Executive Council welcomed the convening of the 1st General Assembly of ACOSHED in Abuja from 21 to 24 July 2003, the main objective of which is to broaden the debate on health policy and services delivery reforms in Africa within the overall framework established by the African Union in the health component of NEPAD and the CSSDCA. Member states and the Commission were requested to actively participate at the said Assembly, and to facilitate the opening up of ACOSHED Chapters in their respective countries so as to ensure that the benefits of ACOSHED in the African health sector are realised and sustained.

The Executive Council recalled the decision taken by the 1st Session of the Labour and Social Affairs Commission of the African Union on preparations for marking the 10th Anniversary of the International Year of the Family (IYF) in 2004, and was concerned that although some achievements were made in observing the IYF, some crucial issues of family policy were not resolved and no proper follow-up was made on the IYF. To this end member states were called upon to put in place national mechanisms for the preparation and observance of the tenth anniversary of the IYF and formulate family-sensitive policies and programmes in accordance with the objectives of the IYF. The Commission was mandated, in collaboration with UNICEF and other social partners, to elaborate a Plan of Action on Family in Africa that would constitute Africa’s contribution to the 10th Anniversary of the IYF. It is expected of the Chairperson of the Commission to submit progress reports on the implementation of the Plan of Action to subsequent sessions of the Executive Council.

The Executive Council welcomed the recent positive developments in the Commission regarding the mainstreaming of gender issues into all the initiatives for implementation of the Durban Decisions through the Gender Task Force, and called upon the Commission to initiate the process leading up to the elaboration of an African Union Policy and Declaration on Gender to inspire, inform and provide the framework within which gender issues are to be tackled within the Union, and guide the activities of the Commission as well as member states in this area.

The Commission was furthermore requested to elaborate an effective strategy for the Commission which will provide guidelines on how to mainstream gender into the activities of the Commission as well as member states and RECs together with indicators for tracking, monitoring and evaluating progress, in order to facilitate the advancement of women as an integral part of all social, political, economic and cultural development initiatives undertaken by the Union. To this end the Commission was called upon to elaborate an implementation and coordination framework, including a gender management system, in order to link and streamline gender work within the Commission, the other organs of the Union, the member states, the RECs and other stakeholders. Lastly, the Executive Council underscored the need for the African Union to pursue the process aimed at operationalising the African Women’s Committee for Peace and Development particularly to its harmonious integration in the new structures of the Union and report thereon to the next Ordinary Session of the Executive Council.

The Executive Council urged all member states to sign and ratify the Convention on Establishment of the African Energy Commission (AFREC), and to provide the necessary support to the Commission by, among other things, making voluntary financial contributions to the budget of AFREC.

Considering the World Summit on Information Technology, the Executive Council called on member states to intensify consultation and coordination efforts geared towards ensuring effective and visible participation in the formulation of guidelines and results of the Summit. Member states were also requested to ensure the participation of Heads of State and Government in the Summit, thereby demonstrating the special importance African countries attaches to the stakes in, and prospects of, the information society. The Executive Council also requested member states to ensure that the second phase scheduled to take place in Tunis from 16 to 18 November 2005, culminates in the adoption of a Charter and an agenda that promote digital solidarity world-wide and regional plans of action. To this end the Commission was requested to participate actively in the preparatory process and in the 2003 and 2005 Summits, enhance the visibility of the Commission in the process and report thereon to the next session of the Executive Council.

The Executive Council noted with gratitude the efforts deployed by the Commission in favour of refugees in an attempt to find a lasting solution to the problem of refugees and displaced persons in Africa, and called for the increased mobilisation of additional resources to more effectively meet the needs of refugees and displaced persons. In this regard, the Executive Council expressed concern at the financial crisis facing the UNHCR that has led to the reduction of the activities of this agency, particularly in Africa, and appealed to the UNHCR traditional donors to continue to provide the agency with adequate funding to enable it to carry out its numerous programmes in Africa.

The Executive Council considered the process initiated by UNESCO to formulate and establish an International Convention on Cultural Diversity by the Year 2005. As recommended by the ACP Ministers of Culture in their Dakar Declaration of 20 June 2003, the Executive Council also supported the adoption by UNESCO of an International Convention on Non-Material Cultural Heritage, and recommended that these two Conventions be given the necessary support as was accorded to the 1972 International Convention on the World Natural and Cultural Heritage. Member states were requested to desist from any commitment to WTO liberalisation of cultural services, goods and products and to avoid jeopardising the effectiveness of the instruments aimed at promoting and supporting cultural diversity.

The Executive Council welcomed the holding of the Youth Conference in Khartoum in January 2004 and urged all member states to participate actively in the conference. Also concerning the youth, the Executive Council expressed its concern over the enormous shortfall Africa suffers from in the majority of sport disciplines, including the emerging problems that range from intolerance, racism, violence and drug abuse, the effects of which should be curtailed immediately through the adoption of concrete measures. To this end the Ministers of member states in charge of sports were requested to establish a consultative committee that will focus on physical education and sports, with a view to mobilising the sport movement to cooperate in the eradication campaign of HIV/AIDS, drug abuse, the protection of the environment and the reduction of poverty. The Commission was requested to bring this decision to the attention of concerned authorities of member states and report on the implementation of the decision at the next Ordinary session of the Executive Council.

In preparation for the 8th All Africa Games which will take place in Abuja from 4 to 18 October 2003, the Commission was requested to take appropriate steps to develop an African Policy on Anti-Doping in Sports, in collaboration with the Supreme Council for Sports in Africa and other relevant regional sports and athletic organisations. The theme of the 8th All Africa Games will be 'Sporting Against Drug Abuse in Africa'. Member states were requested to honour their pledges of financial contribution to the Supreme Council for Sports in Africa to enable it to prepare adequately for the successful organisation of the 8th All Africa Games.

Related to the above decision, the Commission was requested, in accordance with the Durban Decision on Drug Control in Africa, to provide the Drug Control and Crime Prevention Unit with the necessary support, to enable it to carry out the Mid-term Evaluation of the African Union Plan of Action, in order for it to report to the next African Ministerial Conference on Drug Control in Africa. In addition, the Commission was requested to submit to the next meeting of the Executive Council a report on the Anti-Doping Policy for Africa.

The Executive Council did not make an additional decision regarding the Africa/Europe relationship in terms of the Cairo Plan of Action. It reconfirmed its decision taken in Chad, in which it urged continued cooperation at Commission and troika level, in addition to the envisaged meeting of experts on debt. The Minister of Foreign Affairs of South Africa reported on troika interaction between Africa and Europe, and plans for a troika meeting at Ministerial level later in 2003. The Commission reported on ongoing contact between the EU and African Union Commissions. However, disappointment was expressed on the fact that a joint study by the African Union and the EU on debt will now be done by EU experts, thereby excluding their African counterparts. A letter in this regard was forwarded to the EU Commission.

The Executive Council expressed concern over the delays in convening the 13th Session of the Standing Commission for Afro-Arab Cooperation, and called upon the Commission and the General Secretariat of the League of Arab States to convene the Session at the earliest possible time. Furthermore, the Standing Commission for Afro-Arab Cooperation was requested to concentrate its efforts on the recommendations of the meetings of Independent African and Arab Experts on Revitalisation of Afro-Arab Cooperation; to which end the Commission and the General Secretariat of the League of Arab States were requested to take the necessary measures to implement the decisions of the Standing Commission for Afro-Arab Cooperation.

The Executive Council reaffirmed its commitment to the revitalisation and further enhancement of Afro-Arab Cooperation, and urged the Commission and the General Secretariat of the League of Arab States for the early convening of the 2nd Meeting of Independent Experts for a final decision to be made at the next ordinary session of the Executive Council. The two Organisations were requested to forward the outcome of the two meetings of Experts for endorsement and follow up by the Thirteenth Session of the Standing Commission for Afro-Arab Cooperation.

Regarding the 6th Afro-Arab Trade Fair, the Executive Council expressed its gratitude to Tanzania for accepting to host the Fair from 4 to 15 December 2003, and called upon all African and Arab countries, the Private Sector, RECs, the African Development Bank, NEPAD Secretariat and other Regional and Global organisations to actively participate in the Fair.

On the Afro-Arab Investment Forum in Agriculture, the Executive Council called upon the member states of ECOWAS and ECCAS, as well as the Private Sectors and other groupings in Western and Central Africa to actively participate in the first phase of the Forum, designed for Western and Central Africa. Similarly, it encouraged the Commission in cooperation with the General Secretariat of the League of Arab States to start as soon as possible, preparations for the second phase of the Forum, designed for Eastern and Southern Africa.

The Executive Council approved the report of the Ministerial Committee of Candidatures and endorsed the candidates as recommended by the Committee. Of particular concern was Algeria’s candidature for the Non Permanent Seat on the UN Security Council for the period 2004-2005, following the agreement between Libya and Algeria to swap membership positions of the Security Council. The Executive Council furthermore took note of the report of the African Group in New York regarding the representation of the West African Region in the Security Council for the period 2004-2005, recommending the candidature of Mauritania, based on the established criteria that guided its deliberations. It also noted the positions expressed by the other three candidates (Benin, Ghana and Nigeria) to maintain their candidatures, and recommended that the Assembly should undertake appropriate consultations with a view to reaching consensus that would guarantee the success of the candidate retained for the West African Region for the Security Council for the period 2004-2005.

The Commission was requested to get more involved in following up on the Candidatures approved by the African Union for posts within the international system, and take the necessary measures to defend these candidatures before all international partners. With reference to Decision EX/CL/Dec.18(II) adopted in N’djamena in March 2003, which directed the Permanent Representatives’ Committee to examine the proposed amendment to Rule 12 of the Rules of Procedure of the Committee, the Executive Council amended paragraph 2 of Rule 12 of the Rules of Procedure of the Ministerial Committee on Candidatures as follows:

"The candidatures shall be transmitted to the Commission of the African Union not later than two (2) months prior to the Executive Council Session at which the said candidatures shall be considered".

The Executive Council extended the deadline for submitting entries for the competition on the symbols of the African Union to 31 October 2003. The concerned countries from each of the African Regions were requested to expeditiously submit to the Commission the name and contact address of their expert to serve on the Pre-selection Panels, which should be convened as early as possible. The outcome of the pre-selection exercise must be presented to the next Session of the Executive Council in February 2004, following which the conclusions of that Executive Council Session must be submitted to the next session of the Assembly in July 2004. Pending the adoption of the new symbols of the Union, the symbols of the OAU must continue to be used whenever the need arises.

Financing the African Union

The Assembly approved the budget for the period September to December 2003 fixed at US$13.09 million, to be apportioned to member states according to their current scale of assessment. The Assembly also approved the Programme Budget for the Year 2004 fixed at US$43 million, which should cover the period 1 January to 31 December 2004. It was, however, decided that the Programme Budget for the Year 2004 should be re-examined within the limit of US$43 million by the newly elected members of the Commission, upon their assumption of duty. Thus adjusted, the Programme Budget should then be considered by the Advisory Sub-Committee on Administrative, Budgetary and Financial Matters and by the Permanent Representatives Committee before being submitted for consideration by the Executive Council at its next session.

The Executive Council confirmed the decision by its 3rd Extra-ordinary session in Sun City, that the new scale of assessment will include a two-tier floor, one of 0.25% and one of 0.75%. Member states’ population size, level of indebtedness and GDP, among other factors, will be used to calculate their level of contribution. The Executive Council agreed on the ceiling of 8.25%. Countries such as South Africa, Egypt, Algeria and Nigeria will fall in this category and will each be responsible for 8.25% of the total budget of the Union per year. However, in view of the natural disaster in Algeria, that country has been allowed a five-year grace period during which it will continue to pay its contribution based on the current assessed rate of 7.25%, and thereafter pay its contribution based on the new rate of 8.25%.

The Executive Council also decided that membership contributions for the seven-month period (June to December 2002) should be added to contributions for 2003 to form a 19-month financial year with regard to arrears of contribution. The following member states remain under sanctions: Guinea Bissau, Liberia, Central African Republic, Democratic Republic of Congo, Sao Tome and Principe, Seychelles, Somalia and the Comoros. It was decided that the sanctions imposed on Niger should be lifted, while a temporary and exceptional exemption should be granted to Sierra Leone. Member states that have submitted rescheduling plans were urged to observe the said plans while paying their contributions for the current financial year. Sanctions will be maintained against member states in default of payment.

END