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The Charter of the Organization of African Unity

Published online by Cambridge University Press:  28 March 2017

T. O. Elias
T. O. Elias*
Affiliation:
Federation of Nigeria
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Extract

Early in 1961, the President of Liberia, the Prime Minister of Nigeria, and the Prime Minister of Sierra Leone decided to act as joint sponsors of a conference of the leaders of all the independent African states for the purpose of promoting inter-African co-operation. Liberia, as the the oldest of the three sponsoring states, graciously offered to play host. The idea was that all the African states that were independent at that time were ipso facto eligible for membership of the conference. This conference would include the small group of independent African states, usually referred to as the Casablanca bloc, consisting of the United Arab Republic, Ghana, Guinea, Mali and Morocco. This group had signed the Casablanca Charter which was a brief document setting out the aims and purposes of the organization, among which were schemes of economic and social co-operation and the establishment of an African High Command for the purpose of self-defense of its members as well as for that of ridding the continent of Africa of all forms of colonialism. When, therefore, the decision was taken by the three sponsoring states to call a Pan-African conference, it was envisaged that all the then independent states in Africa, including the so-called Casablanca bloc states, would attend and take a full part in its deliberations.

Type
Research Article
Information
American Journal of International Law , Volume 59 , Issue 2 , April 1965 , pp. 243 - 267
Copyright
Copyright © American Society of International Law 1965

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References

1 It is unnecessary to describe the formation of the earlier and smaller group known as the Ghana-Guinea-Mali Union, which had been brought into being on the initiative of Ghana for closer association of the three territories in the economic, social, cultural and even political spheres.

2 The Island of Madagascar (or Malagasy) off the southeastern coast of Africa was represented at the conference by its President, who insisted on the specific mention of the name of his country in the title of, as well as in all references to, the organization.

3 The present writer was appointed Chairman of the Legal and Political Committee of the conference, with the representatives of all the participating states as members.

4 The present writer was again concerned in Addis Ababa in the drafting of the revised Charter. The final text was signed at Addis Ababa on May 25, 1963, and came into force some three months later. It is printed in 58 A.J.I.L. 873 (1964).

5 This is in anticipation of any future decision that the leaders of such islands as Fernando Po and Bio Muni might make to join the Organization of African Unity after their attainment of full political independence.

6 Art. 52, par. 1, reads: “Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.“

7 Art. 6 of the O.A.8. Charter: ‘’ States are juridically equal, enjoy equal rights and equal capacity to exercise these rights, and hare equal duties. The rights of each State depend not upon its power to ensure the exercise thereof, but upon the mere fact of its existence as a person under international law.“

8 See Bes. 14 A ( I ) ; TJ. N. General Assembly, 1st Sess., Part I, Official Records, Resolutions (A/64), p. 20; Preparatory Commission 20, p. 108:

9 Arts. 39 and 40 of the O.A.8. Charter.

10 Arts. 42-44,ibid.

11 Arts. 48-51, ibid.

12 Art. 93 of the O.A.S. Charter.

13 Art. 100, ibid.

14 Art. 10 of the O.A.U. Charter.

15 Art. 12(1) of the O.A.U. Charter

16 We shall later see how this is linked up with the Specialized Commissions of the O.A.U. described in Art. 20 of the Charter.

I7 In practice, this means that they officiate in these capacities at the next ordinary meeting until new elections have been held.

18 Rules 16 and 17.

19 Rule 30.

20 Rule 33.

21 Art. 17 of the O.A.TJ. Charter.

22 See, generally, Art. 105 of the U. N. Charter and Arts. 103 and 104 of the Charter of the Organization of American States in this respect.

23 Convention on the Privileges and Immunities of the United Nations, adopted Feb. 13, 1946. IT. N. Doc. A/64, July 1, 1946, p. 25; reprinted in 43 A.J.I.L. Supp. 1 (1949).

24 See 41 British Tear Book of International Law (1965).

25 See The Report of the Inaugural Conference of the Commission of African Jurists, Lagos, 1964, pp. 28-36.