executive council thirty-fifth ordinary session niamey, niger · 2. the meeting was chaired by h.e....

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www.au.int

EXECUTIVE COUNCIL Thirty-Fifth Ordinary Session 4 - 5 July 2019 Niamey, Niger

EX.CL/1151(XXXV)vi Original : English

REPORT OF THE PRC SUB-COMMITTEE ON HEADQUARTERS AND HOST AGREEMENTS

Meeting of the PRC Sub-Committee on Headquarters and Host Agreements Monday, 3 June 2019 10:00 Hours Small Conference Room 2, NCC

Original: English

REPORT OF THE MEETING OF THE PRC SUB-COMMITTEE ON HEADQUARTERS

AND HOST AGREEMENTS

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone +2511517700 Fax : +251115517844 Website : www.au.int

EX.CL/1151(XXXV)vi Page 1

REPORT MEETING OF THE PRC SUB-COMMITTEE ON HEADQUARTERS

AND HOST AGREEMENTS

I. INTRODUCTION

1. The members of the PRC Sub-Committee on Headquarters and Host Agreements, met on 3 June 2019 at the African Union (AU) Headquarters in Addis Ababa, Ethiopia, to discuss issues arising in relation to the implementation of the Headquarters and Host Country Agreement and the Equitable Geographic Distribution of AU Institutions.

2. The meeting was chaired by H.E. Mr. Crisantos Obama Ondo, Permanent Representative of the Republic Equatorial Guinea to the African Union.

II. ATTENDANCE

3. The meeting had in attendance the following members of the PRC Sub-Committee:

1. Burundi 2. D.R.C 3. Equatorial Guinea 4. Ethiopia 5. Tanzania 6. Egypt 7. Mauritania 8. Lesotho 9. South Africa 10. Gambia 11. Liberia 12. Senegal


4. H. E. Ambassador Albert Ranganai Chimbindi, Permanent Representative of the Republic of Zimbabwe, was present in his capacity as the Chairperson of the Ad-hoc working group on equitable geographical distribution (the “Working Group”).

III. CONSIDERATION AND ADOPTION OF THE DRAFT AGENDA OF THE SUB-COMMITTEE

5. The Chairperson, after welcoming the members of the Sub-Committee to the meeting, introduced the Draft Agenda with the following items for consideration:

a) Consideration and adoption of the Draft Agenda b) Presentation by the Chairperson of the Working Group c) Consideration of the updates on matrix of pending issues d) Consideration of the draft decision of the Sub-Committee e) Any Other Business f) Closing

6. The agenda of the meeting was adopted with no amendments.

IV. PRESENTATION BY THE CHAIRPERSON OF THE AD-HOC WORKING GROUP ON EQUITABLE GEOGRAPHICAL DISTRIBUTION

7. The Chairperson of the Working Group presented the overview on the Equitable Geographical Distribution of AU Institutions, and field visit and findings on the implementation of Host Agreements and which was conducted in line with Executive Council decisions EX.CL/Dec. 854(XXVI), EX.CL/Dec. 874 (XXVII), and EX.CL/Dec.1031 (XXXIV) adopted in January 2015, June 2015 and February 2019 respectively.

8. In presenting the overview on Equitable Geographical Distribution of AU Institutions (Annex I), he noted that the Constitutive Act prescribes the principle of equality and the Working Group was requested to focus its deliberation in finding means to put all counties on equal standings, irrespective of their financial contributions. In this line, the Working group has identified nine (9) guiding principles, as reflected in the Annex I. 9. The Chairperson of the Working Group noted the main objective is aimed towards bringing the AU closer to the people, and creating ownership. The other overarching goal is the need to ensure a lean and performance-oriented structure, in line with the objectives of the Reform of the AU.

10. He also presented the field visit and findings on the implementation of Host Agreements (Annex I), which among others, recommended the standardization of Host


Country Agreement, and the that where a Member State is hosting more than one AU institution, it is cost effective to locate them in one premises (AU Village), as the institutions can share services like security, and conference facilities, etc. This will also facilitate the AU institutions to collaborate and work together on their shared goals. 11. The Chairperson of the Working Group noted that, while the mandate of the Working Group has been expanded in February 2019 to includes matters related to taxation of salaries of nationals, local staff or holders or permanent resident permits, this matter is already under discussion at the level of the Sub-Committee, and, as such, the findings of the study and field visit have not elaborated on this matter. 12. The findings will also allow in the Sub-Committee in the amendment of the Criteria to Host AU bodies and the development of a Model Host Country Agreement. 13. The following observations were made:

a) Commended the Chairperson and the Working Group for the well-researched paper presented to the Sub-Committee;

b) Noted the listing of AU bodies, since 1963 will further assisting in the harmonization of the work of the AU;

c) Member States which already host many AU bodies should not submit a bid to host and support should be given to countries that haven’t had the opportunity to host;

d) Emphasised on the need to standardize Host Country Agreements, evaluation modalities on bids to host and requested Office of the Legal Counsel (OLC) to present to the Sub-Committee with a draft;

e) Amendments were made on missing data on the list of AU Institutions; f) Clarity was sought on the procedures of opening and closing of Liaison

Offices; g) There is need to ensure that information on hosting is disseminated to all

member States; h) Questions were raised on the implementation mechanisms of sanctions that

may be imposed on countries that do not abide with the Criteria to Host; i) Supported the proposal that the AU Policy organs be presented with

financial, legal, structural implications of any body, prior to its endorsement; j) Concerns were raised on the lack of consultations between the AU

Commission and the Host States in the field visits on the implementation of Host Country Agreements;

k) The findings on the implementation of the Host Country Agreements should be inserted in the Matrix of the Sub-Committee on Hosting AU Bodies;

l) While financial abilities may affect the hosting of AU Institutions, delegations noted that it should not be taken as the primary element.

14. The Chairperson of the Working Group gave the following additional clarification:


a) Reiterated that Rule 19 of the Rules of Procedure of the Assembly, which requests the presentation of financial implications should be respected. This would allow AU Policy Organs to take an informed decision upon the establishment of Institutions;

b) Concurred that priority should be given to Countries hosting the least AU bodies, even if bids are made by Countries who already have various AU bodies in their jurisdictions and this has been clearly outlines under Guideline 1;

c) Recommended that the Sub-Committee should find means to hold a yearly meeting with the AU bodies so as to learn the challenges related to implementation of the Host Country Agreements;

d) Proposed that the modalities for opening and closing of an AU body should be identified in collaboration with the Peace and Security Council;

15. The representative of the OLC noted that the field visits conducted did not include any consultation with the Governments as it was an independent evaluation. It was noted that the Sub-Committee addresses challenges related to implementation of Hosting Agreements, thereby giving Member States the opportunity to respond to the concerns raised by the various bodies. 16. The meeting adopted the Guidelines with the proposed amendments.

V. CONSIDERATION OF THE UPDATES ON MATRIX OF PENDING ISSUES

17. The OLC gave a brief overview on the following pending issues:

a) Discussions on the Host agreement between the AU and the Republic of South Africa on the seat of the Pan African Parliament and other bodies;

b) Finalization of the Study on Host Agreements in Member States Hosting AU Organs and Institutions

c) Discussions on the Host agreement between the ACBF and the Government of Federal Democratic Republic of Ethiopia

d) AU Staff as persona non grata e) Theft within the premises of the AU Headquarters f) Development of a set of Guidelines on the implementation of the

Headquarters Agreement g) Issuance of Ethiopian Driver’s license h) Money Transfer System i) Maximum withdrawal limit for AU Staff Members traveling j) Case of Amare Wolde

18. The Subcommittee deliberated on the above-listed issues and the following observations and clarification were provided by the Subcommittee and representatives of the Host Countries:


a. The issue of Host Country Agreement between the AU and the Republic of South Africa, which is on hold due to the national legislations of South Africa, precluding exemption of taxes. The representative noted that the matter is still under review at the national level;

b. On the Finalization of the Study on Host Agreement, the meeting took note of the findings presented by the Working Group. The Subcommittee agreed that the findings of the field visit should be reflected in the Matrix. Furthermore, the findings will be instrumental in the task of the Sub-Committee in amending the Criteria for Hosting and the development of the Model Host Country Agreement;

c. On the hosting of the African Capacity building Foundations (ACBF) within the Federal Democratic Republic of Ethiopia, the Subcommittee was informed that consultations have been undertaken between the Government and the representatives of ACBF, and the Host Country Agreement is under finalization.

d. The representative of the Republic of South Africa requested information regarding the AU Staff who have been granted the status of persona non grata, as the Permanent Mission in Addis is not aware of this incident;

e. Regarding the theft within the premises of the AU Headquarters, the Government of the Federal Democratic Republic of Ethiopia noted that the incident was not reported to the Government. It further stated its support to provide security and protection if the AU requests for it. The representative noted that the presence of AU Security team and the inviolability of the premises of the AU would not allow the Government to place security Personnel’s without an explicit request from the AU;

f. Regarding the Development of a set of Guidelines on the implementation of the Headquarters Agreement, the OLC clarified that this activity has been overtaken by the outcome of the Working Group and its proposals thereof;

g. The representative of the Federal Democratic Republic of Ethiopia (“Ethiopia”) noted that it is working on making changes to the driving licenses’ system and the process to ensure translation of the licenses in the English language. It was noted that the process requires amongst other the adoption of a directive. As a stopgap measure, the Government has arranged with the Ministry of Transport the provision of an official translation. One delegation noted that as Amharic is the working language of the country, the provision of a translation could suffice;

h. On the Money Transfer system at the Headquarters, it was noted that the National Bank of Ethiopia has issued an official communication on the application of the SWIFT money transfer system that allows the transfer to be completed within 2 days. The representative of Ethiopia also noted that the Maximum withdrawal limit for AU Staff Members traveling remains $10,000, with the possibility of withdrawing


$5,000 at the National bank and having the remaining $5,000 deposited on credit cards;

i. Regarding the Case of Amare Wolde, the representative of Ethiopia requested the provision of necessary information and documentation both from the Commission and Amare Wolde, so as to settle the matter amicability;

j. The Commission, should endeavour to hold consultations with the Hosting Countries prior to bring the matter before the Subcommittee.

VI. CONSIDERATION OF THE DRAFT DECISION OF THE SUB-COMMITTEE

19. In line with the deliberation of the meeting, the representative of the OLC proposed a draft decision for the consideration of the Subcommittee, which was adopted (herewith attached).

VII. ANY OTHER BUSINESS 20. There was no other business discussed.

VIII. CLOSING 21. The Chairperson of the Sub-Committee closed the meeting.


DRAFT DECISION ON THE REPORT OF THE SUB-COMMITTEES OF THE PERMANENT

PREPRESENTATIVES’ COMMITTEE (PRC) Doc. EX.CL/1151(XXXV)vi

The Sub-Committee on Headquarters and Host Agreements

1. COMMENDS the overview and guidelines on the equitable geographic distribution

of AU Institution and the findings on the implementation of Host Country Agreements, presented by the PRC Ad-hoc Working Group on equitable geographical distribution and the PRC Sub-Committee on Headquarters and Host Agreements.

2. TAKES NOTE of the outstanding matters in the “Matrix of Pending issues” and

requests the Commission to continue consultation with Host Countries. 3. ADOPTS the Guidelines on the implementation of Equitable Distribution of AU

Institutions within the continent as follows: a) Guiding Principle 1: The promotion of justice and fairness are some of the

key principles in ensuring Equitable Geographical distribution. These principles are also enshrined under the Constitutive Act. The establishment of AU Institutions, whose objective are continental thus dictates the allocation of institutions to be made equaly within all the five (5) Regions. This will ensure the active regional participation, and subsequently the realisation of the regional integration Agenda. Due consideration should also be given to the rationalization of the work of the AU.

b) Guiding Principle 2: Prior to establishment of an AU body or proposal to

host, the Commission should take steps by conducting due diligence studies on the financial, structural and legal implication of establishing an institution. Pursuant with Rule 19 (3) of the Rules of Procedure of the Assembly, a draft decision on establishing an institutions and/or hosting shall only be adopted after the Commission has provided its financial implications.

c) Guiding Principle 3: Consultation plays an essential role in the decision-

making process of the AU. In this line, prior to attribution of seats, regular consultations between the overall regional deans should take place. At regional level, under represented countries in terms of hosting should be given priority in their bid to host.

d) Guiding Principle 4: In order to ensure the equal participation of all Member States, there is need for a reasonable access to source of information on the establishment and bids of hosting. Accordingly, there is


need to broaden the information and it should be timely communicated to all Member States.

e) Guiding Principle 5: Modalities for evaluation to host AU Institutions must

be established. These modalities should, inter alia, set clear benchmarks on scorings of countries biding to host. For instance, terms like sound political environment in criteria should be elaborated. The comparative advantageous of each country should also be considered.

f) Guiding Principle 6: It is equally important for the AU to review whether

the established Institutions are functioning and Hosting Agreements are being implemented in light of evolving circumstances. Accordingly, there is a need for a bi-annual review on the functionality of the established Institutions.

g) Guiding Principle 7: As a means to guarantee the implementation of

Hosting Agreements and Equitable Geographical Distribution, Member States should be guided by a standardized Model Host Country Agreement.

h) Guiding Principle 8: Member States should enter into one Agreement in

hosting various bodies within the same jurisdiction. The premises provided to all AU institutions should, to the extent possible be one as it is cost effective to locate Institutions in one premises and allows for better access in the harmonization of the work of the AU.

i) Guiding Principle 9: Member States that default on the implementation of

the Hosting Agreement may be subject to sanctions, such as the removal of the AU Institutions from the defaulting states, as non-implementation may affect the delivery of the Institutions.

4. REQUESTS the Sub-Committee on Headquarters and Host Agreements, in close

collaboration with the Commission to present:

a) A standardized Model Host Country Agreement to guide Member States in their negotiations of hosting agreements;

b) Modalities on evaluation, which sets benchmarks on the assessment of bids

to host AU Institutions; c) An assessment report on the functionality of the existing AU bodies,

including the modalities for the opening and closure of Liaison offices and their current status;

d) A revised Criteria for hosting AU Institutions.


5. REQUESTS the Commission to report on the implementation of this decision and “Matrix of Pending issues” to the Thirty-Sixth (36th) Ordinary Session of the Executive Council in January 2020.


EX.CL/1151(XXXV)vi Annex 1 Original : English

REPORT OF THE PRC AD-HOC WORKING GROUP ON THE GUIDELINES FOR ENSURING FAIR GEOGRAPHICAL SPREAD OF

AU INSTITUTIONS, ORGANS AND SPECIALIZED AGENCIES

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: 517 700 Fax: 5130 36 website: www. www.au.int

http://www.au.int/

TABLE OF CONTENTS

A. OVERVIEW AND GUIDELINES ON EQUITABLE GEOGRAPHICAL

DISTRIBUTION OF AFRICAN UNION INSTITUTIONS, ORGANS AND

SPECIALISED AGENCIES......................................................................................................... 1

B. FIELD VISIT AND FINDING ON THE IMPLEMENTATION OF HOST

AGREEMENTS ............................................................................................................................. 21

First Meeting of the Ad-hoc Working Group............................................................................. 43

Second Meeting of the Ad-hoc Working Group ...................................................................... 47

EX.CL/1151(XXXV)vi Annex 1 Page 1

A. OVERVIEW AND GUIDELINES ON EQUITABLE GEOGRAPHICAL

DISTRIBUTION OF AFRICAN UNION INSTITUTIONS, ORGANS AND

SPECIALISED AGENCIES

May 2019

I. BACKGROUND

1. The organisational structure of the Organization of African Unity (“OAU”) or the

African Union (“AU”) encompasses various types of bodies, which can, in general, be divided into four main categories, namely: (i) Organs; (ii) Permanent Missions (iii) Technical Institutions; and (iv) specialised Agencies. Current trends also show that the AU Policy Organs have used other terms in creating bodies, such as the African Peer Review Mechanism (APRM), as an autonomous body of the Union and African Union Development Agency - New Partnership for Africa’s Development (AUDA-NEPAD) as the technical body of the Union.

2. The Organs and subsidiary bodies are included in the regular budget of the AU,

as authorised by the Policy Organs. Specialized Agencies, however, have their own regular budgets or are financed solely by voluntary contributions. Specialized Agencies also possess autonomy in governance structure and some have even been created long before their integration to the OAU/AU structure. For example, the Pan African Women's Organization (PAWO), dates back to 1962 and the African Capacity Building Foundation (ACBF) was first established in 1992 while both became an AU Specialized Agency of the AU only in January 2017 vide policy organs decisions .

3. The notion of geographic categorization was first proposed in 1975 by the

Kingdom of Lesotho in its request for inclusion of an agenda item on the categorization of Africa countries into five (5) sub-regions. Subsequently, the OAU categorized the African States into North, West, Central, Eastern and Southern regions.1 The OAU and AU have also reiterated the need for equitable geographical distribution of AU bodies within these regions.

4. With the view to draw the parameters of the equitable geographic distribution,

the Executive Council in its decision EX.CL/Dec.874 (XXVII) in June 2015 in Johannesburg, South Africa emphasized in paragraph 4:

“….the need to ensure equitable distribution of AU institutions by regions and request the Commission to develop criteria on this matter for consideration by the PRC Sub-Committee on Headquarters Agreement in line with the Decision of the Executive Council of “2005”2 on the Criteria for Hosting AU organs;

1 CM/769 (XXVII) 2 The Decision was adopted in 2005 rather than 2009 as quoted in the Decision.


DIRECT[D] that a Committee of at least two (2) representatives from each region and the Office of the Legal Counsel be constituted to draft guidelines for ensuring the fair geographical spread of AU Institutions, Organs and Specialized Agencies for submission to the AU Summit in January 2016.”

5. Furthermore the Executive Council in February 2019 vide EX.CL/Dec. 1031(XXXIV):

“URGE[D] the Commission in collaboration with the PRC Sub-Committee on Headquarters and Host Agreements and Ad Hoc Working Group on Equitable Geographical Distribution to urgently finalize the studies on Host Country Agreements and the Guidelines for Implementation of the Headquarters Agreement, which includes matters related to taxation of salaries of nationals, local staff or holders of permanent residence permits”.

6. This paper will thus provide in : - Section I: the notion of equitable geographic distribution; - Section II :outlines the AU’s practice in electoral process and the use of

‘equal’ representation as the main principle; - Section III : provides a comparative overview on the distribution of

International bodies; - Section IV :provides an overview of all institution established by the

OAU/AU since its inception in 1963; and - Section V : provides for a conclusions and recommendations.

SECTION I: THE NOTION OF EQUITABLE GEOGRAPHIC DISTRIBUTION 7. “Equitable geographic distribution” in its ordinary meaning denotes the respect

of the principle of justice and fairness. Equitable geographical distribution of AU institutions was inspired by the need to popularize the AU in all regions of the African continent, to ensure the active participation of African peoples in the activities of the Union, and to realize regional integration Agenda. However, neither the OAU nor its successor clearly defined the term “equitable geographical distribution”.

8. Nevertheless, the term equitable geographic distribution has been used in the

OAU/AU Treaties, among others in the African Charter on Human and Peoples’ Rights;3 Convention for the Establishment of the African Center for Fertiliser Development;4 Agreement for the Establishment of the African Rehabilitation Institute;5 African Nuclear-Weapon-Free-Zone Treaty (Treaty of Pelindaba);6 Agreement on the Establishment of African Risk Capacity; 7 Protocol on the

3 Article 32 African Charter on Human and Peoples’ Rights. 4 Article VII (1) (b) Convention for the establishment of the African Center for fertilizer development. 5 VIII (d), Agreement for the establishment of the African Rehabilitation institute. 6 Annex II (1), African Nuclear Weapon Free-Zone treaty (treaty of Pelindaba). 7 Art 14 (1) (a), Agreement on the establishment of African Risk Capacity.


Establishment of the African Monetary Fund;8 Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament9 Protocol relating to the establishment of the Peace and Security Council of the AU10 Protocol on the amendments to the Constitutive Act of the AU;11 Statute of the African Union Commission International Law ; 12 Convention of the African Energy Commission;13 Statute of the African Observatory of Science, Technology and Innovation;14 and the Statute of the African Scientific Research and Innovation Council15 with the view to ensure equitable geographic distribution.

SECTION II: THE AU’S PRACTICE IN ELECTORAL PROCESS AND THE USE OF ‘EQUAL’ REPRESENTATION AS THE MAIN PRINCIPLE 9. In consideration of the electoral process, the AU policy organs have opted for

a mandatory equal distribution in regards to the election of Members from the five AU regions. This can be read from the decision of the Executive Council in January 2016 vide its decision EX.CL/Dec. 907(XXVIII), where the Council requested the rigorous and immediate implementation of the regional and gender representation consisting of East (2), Central (2), North (2), South (2), and West (2). In effect, the lack of one or more candidate from a region will result to the postponement of the election for the slot of that region/s.

SECTION III: COMPARATIVE OVERVIEW ON THE DISTRIBUTION OF INTERNATIONAL BODIES The United Nation (UN) approach on the allocation of seats

10. According to the data of the United Nations (UN), there are 73 institutions of the United Nations. Of these, there are six (6) principal organs namely the General Assembly; the Security Council; Economic and Social Council; the Secretariat; the International Court of Justice; and the Trusteeship. The other institutions fall within various categories including Regional Commissions; Specialized Agencies; Funds and Programmes; Research and Training; and Departments and Offices.

11. An overall review shows that once the seat of the UN Headquarter has been

made, New York has become the host of the majority of UN institutions. Geneva, Switzerland hosts the second highest number. This can be attributed amongst others due to the incentives, such as payment of rents provided by the Swiss Government as part of their bid to host international organisations. Furthermore, the early presence of the League of Nations and the existing infrastructure have also made Geneva a preferred host for UN Institutions.

The European Union (EU) approach on the allocation of seats

8 Art. 10, section 2 (1) (iii) (iv), Protocol on the establishment of African Monetary Fund. 9 Art 12 (1) (2), Protocol to the Constitutive Act of the African Union relating to the Pan-African parliament. 10 Art. 5 (2, Protocol relating to the establishment of the Peace and Security Council of the AU. 11 Art. 6 (6); 8, 10(3), Protocol on the amendments to the Constitutive Act of the AU. 12 Article 3(3), Statute of the African Union Commission International Law. 13 Art. 8 (3) (a); 10 (3) (e), Convention of the African Energy Commission. 14 Art 6 (1) (a), Statute of the African Observatory of Science, technology and innovation. 15 Art. 6 (3) (h), Statute of the African Scientific Research and Innovation Council


12. On the other hand, the EU in establishing the European Community, the Treaty

did not set out any rules on the seats of its bodies but notes that it will be determined by common accord of the EU Member States. 16 In 1992, the European Council adopted a decision on the location of the seats of the institutions and some of its bodies. That decision states that the European Parliament has its seat in Strasbourg and that additional plenary sittings are to be held in Brussels. Nonetheless, the European Parliament declared that it did not consider itself bound by a decision, which, by effectively splitting its activities definitively between three different Member States, would be incompatible with the Treaties and with its natural rights and powers. 17 Overtime, three European cities have emerged as the most common seats of EU institutions: Luxembourg, Brussels and Strasbourg.

The African Union approach on the Allocation of seats

13. As set in the EC.CL/195 (VII) of July 2005, the Criteria for Hosting the AU

Organs, Member States wishing to host any of the Union’s body are required to amongst others ratify the OAU General Convention on Privileges and Immunities, the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations. To date, only 42 Member States have ratified General Convention on Privileges and Immunities of the OAU, which posse a big difficulty to the implementation of the Council decision above.

14. Other criteria's also require the provision of accessible permanent premises, a

conducive political environment and appropriate and effective environment, the generality of those terms make it difficult for the commission to have a clear means which will assist the evaluation process . An independent team shall be set up by the Commission and shall make a fact finding mission to Member States offering to host organs of the Union to inspect the proposed site and submit a report thereon to the Executive Council.

15. A field visit was conducted to select Member States hosting AU Offices to

review the implementation of the criteria for hosting and the Host Country Agreement signed between the AU and the concerned Member States. The report of the said visit and its findings are herewith attached (Annex I).

16. In some instances the Assembly decided to grant the hosting seat of an AU

institution through a decision or via adopting the seat in the treaty itself (e.g. PAP in south Africa , PAIPO in Tunisia……etc ) to a Member States without any compatibility of its adherence to decision of Council on hosting AU organs. In other cases, Member States have granted hosting of seats to Member States that are not even party to the OAU convention on privilege and immunities. This raises a lot of difficulties to the Commission in terms of applying the provision of the Convention to a non-state party or to accept that national law be

16 Article 289, European Union Consolidated Versions of the Treaty on European Union and of the Treaty Establishing the European Community (2002). 17 https://www.cvce.eu/obj/the_seats_of_the_institutions_of_the_european_union-en-cd672879-aeb1-4cad-a0c1-9e4ff75ff660.html

https://www.cvce.eu/obj/the_seats_of_the_institutions_of_the_european_union-en-cd672879-aeb1-4cad-a0c1-9e4ff75ff660.html

https://www.cvce.eu/obj/the_seats_of_the_institutions_of_the_european_union-en-cd672879-aeb1-4cad-a0c1-9e4ff75ff660.html


applicable to govern the relationship between the Organization and the said Member states, in violation of the standard of international law.

SECTION IV: AN OVERVIEW ON ALL AU INSTITUTION ESTABLISHED SINCE 1963

17. The Commission compiled a list of all the institutions established by the

OAU/AU since its inception in 1963 to date. The list has been divided into seven (7) categories based on the type of institutions, namely Organs, Institutions, Liaison offices, AU Permanent Missions, Specialised Agencies, Technical Office and other bodies within the Continent.

Regions Type of

Institution Name of Institution Date of

Establishment Decisions/Legal Instruments and Location

Northern

Organs

African Investment Bank (AIB) 2009

- Assembly/ AU. Dec. 64 (IV) - Protocol and Statute on the African

Investment Bank

Libya

African Space Agency 2019 - Assembly/AU/Dec.676 (XXX) - EX.CL/Dec.1037(XXXIV) - Statute of the African Space Agency

Egypt

Total number of Organs for Northern Region: 2

Specialized Agency

African Energy Commission (AFREC)

2008

- Convention on African Energy Commission states agreement

- CM/Dec.560 (LXX III) - EX.CL/430 (XIII) ANNEX) and endorsed

by EX.CL/Dec.432 (XIII)

Algeria

Association of African Trade Promotion Organization (AATPO)

1974

- CM/Res. 442 (XXV) - CM/Res.310 (XXI) - Constitution of the Association of African

Trade Promotion Organizations

Morocco

African Centre for Applied Research and Training in Social Development (ACARTSOD)

2003 - CM/Res. 619(XXX) - CM/Res.832 (XXXVI

Libya

Pan African Intellectual Property Organization (PAIPO)

2013

- Assembly/AU/Dec.138 (VIII) - Assembly/AU/Dec.453(XX)

Assembly/AU/Dec.522(XXIII)

Tunisia

Total Specialized Agencies for Northern Region: 4

African Centre for the Study & Research on Terrorism (ACSRT)

2004 - Ex.CL/Dec. 13 (II) - Ex.CL/Dec. 82 (IV) - Ex.CL/Dec.177 (VI)

Algeria


Specialized Technical Offices

- Ex.CL/Dec. 126 (V)

African Union Mechanism for Police Cooperation (AFRIPOL)

2014 - Algiers Declaration on the Establishment of the African Mechanism for Police Cooperation– AFRIPOL

- EX.CL/Dec.820(XXV)

Algeria

African Union Institute for Statistics 2013 - EX.CL/784(XXII) - Assembly/AU/12(XX)Add.5

Tunisia

Pan Institute for Water and Energy Sciences including Climate Change

2009 - Assembly/AU/Dec.373(XVII) - Assembly/AU/Dec. 290(XV)

Algeria

AU Centre for Post Conflict Reconstruction and Development (AUC-PCRD)

2012 - Assembly/AU/Dec.351(XVI) - EX.CL/711(XX) - EX.CL/Dec.687(XX) - EX.CL//Dec.840(XXV)

Egypt

African Migration Observatory (AMO)

2018

Assembly/AU/Dec.695 (XXXII)

Morocco

Total Specialized Offfices for Northern Region: 6

AU Permanent Delegation to the League of Arab States

Egypt

Total AU Permanent Delegation for the Northern region: 1

SUBTOTAL NORTHERN FOR NORTHERN REGION: 13


Western

Organs

African Commission on Human and Peoples’ Rights (ACHPR)

1981 Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (1998) and came into force in 2004

The Gambia

African Central Bank (ACB) 2015 Nigeria

Total number of Organs for Western region: 2

Specialized Agency

African Civil Aviation Commission (AFCAC)

1964 CM/Res.357 (XXIII) Senegal

African Minerals Development Centre (AMDC)

2016 - Statute of the AMDC - EX.CL/Dec.471 (XIV) Decision EX.CL/ Dec.714 (XXI)

Republic of Guinea

Total Specialized Agencies for Western Region: 2


The Scientific, Technical and Research Commission

1965 Nigeria

African Academy of Languages (ACLAN)

2006 Assembly/Au/Dec. 95 Mali

Centre for Linguistic & Historical Studies by Oral Tradition (CELHTO)

1968 - CM/Res.366 (XXIII) - CM/Res.322(XXII)

Niger

Semi-Arid Food Grain Research and Development (SAFGRAD)

1977

-

Burkina Faso

Afro-Arab Cultural Institute 2000 - CM/Res.1027 (XLIII) - CM/Dec.536 (LXXII) Rev.1

Mali


International Centre for Girls’ and Women’s Education in Africa (CIEFFA)

2004 - Assembly/AU/ Dec. 44(III) Rev.1

- EX.CL/Dec.1032(XXXIV)

- Assembly/AU/Dec.735(XXXII)

- Statutes of the African Union International Centre for Girls’ and Women’s Education in Africa (AU/CIEFFA);

Burkina Faso

African Centre for Study and Research on Migration

2006 - EX.CL/Dec.314(XI) Mali

Pan-African University Institute for Life and Earth Sciences, including Health and Agriculture

2009 - Assembly/AU/Dec. 290(XV)

Nigeria

Total Specialized Technical Offices for the Western Africa: 8

SUB TOTAL WESTERN: 12

Central

Organs African Monetary Fund (AMF) 2014 - Assembly/Dec.AU.64 (IV) - EX.CL/Dec.329 (X)

Cameroon

Total number of Organs for Central region: 1

Specialized Agency

African Accounting Council (AAC) 1979 C/Res.967 (XLI) (1985) DRC

Union of African Railways (UAR) 1976 CM/Res. 507 (XXVII) DRC


Total number of Specialized Agency for Central region: 2


Supreme Council for Sport in Africa (SCSA)

1977 - CM/Res.849 (XXXVI) - Statue of the African union Sport Council - EX.CL/Dec.680(XX)

Cameroon

Inter-African Bureau for Research on Tropical Forestry (IBRTF)

1951 - CM/Res.990 (XLII) Equatorial Guinea

Pan African University Rectorate 2015 - EX.CL.829(XXV) - EX.CL/886(XXVI)

Cameroon

Pan African University of Governance, Humanities and Social Sciences

2009 Assembly/AU/Dec. 290(XV) Cameroon

Pan African Institute of Education for Development (IPED)

DRC

Inter-African Phytosanitary Council (IAPSC)

Cameroon

Inter-African bureau for research on tropical forestry (IBRTF)

1977 CM/Res.990 (XLII) Equatorial Guinea offered

African Union Observatory for Science, technology and innovation

2009 - EX.CL/495 (XIV) Assembly/AU/Dec.235(XII)

Equatorial Guinea

Total number of Specialized Technical Offices for Central region: 8

SUB-TOTAL CENTRAL: 11

African Union Commission (AUC)

2000 - Constitutive Act Ethiopia

Peace and security Council 2004 - Protocol of the peace and Security Ethiopia


Eastern

Organs

African Union Commission on International Law (AUCIL)

2009 - The non-Aggression Act - Assembly/AU/Dec.71 (IV) - EX.CL/478(XIV) adopted the AUCIL

Statute

Ethiopia

African Court on Human and Peoples’ Rights (AcHPR)

2004 Protocol to the African Charter on Human and Peoples’ right on the establishment of an African Court of Human and Peoples’ right

Tanzania

African Union Advisory Board on Corruption (AUABC)

2009 Assembly AU 14(XVIII)Add.2 Tanzania

Total Organs for the Eastern Africa: 5

Specialized Agency

African Audiovisual and Cinema Commission

2003 - EX.CL/Dec.1032 (XXXIV)

- Assembly/AU/Dec.735 (XXXII) - Statute of the African Audio Visual and

Cinema Commission

Kenya

Pan African Postal Union (PAPU)

1980 - Dec No: CM Res 586 - CM Res. 810

Tanzania

Pan African Telecommunications Union (ATU)

1977 - CM Res.401 (XXIV) - Dec 588(XXIX)

Kenya

African Airlines Association (AFRAA)

1968

Kenya

Total Specialized Agency for Eastern Africa: 4

Speci

Pan African Veterinary Vaccine Centre (PANVAC)

1986 Ethiopia


alized Technical Offices

Pan African Tsetse & Trypanosomiasis Eradication Campaign (PATTEC)

2002 Ethiopia

Committee of Intelligence and Security Services for Africa (CISSA)

2005 Assembly/AU/Dec. 62 (IV) Ethiopia

Africa Centre for Disease Control and Prevention (Africa CDC)18

2015 Ethiopia

Pan African University Institute for basic Sciences, Technology and Innovation

2009 Assembly/AU/Dec. 290(XV) Kenya

African Union Inter-African Bureau for Animal Resources (AU-IBAR)

1951 - Kenya

African Institute for Remittance (AIR)

2012 - Dec No: EX.CL Dec/683 - EX.CL/Dec. 736(XXII); - EX.CL/Dec. 808(XXIV)

Kenya

Continental Operational Centre on Human Trafficking and Smuggling of Migrants

2019 Assembly/AU/Dec. 728(XXXII)

Sudan

Total Specialized Technical Offices for Eastern Africa: 9

Other

African Institute of International Law (AIIL)

2012 - Assembly/AU/Dec.14 (XVII) Add. 5 - EX.CL/Dec. 719 (XX)

Tanzania

18 In accordance with the Statute of the CDC, the CDC aims to open five (5) coordination offices in the five regions of the Continent. As of 2019, the CDC has opened its office in Nairobi and Zambia. It is also finalizing the operationalization of its offices in Gabon, Nigeria and Egypt.


Body

SUB TOTAL EAST: 18

Southern

Organs

Pan-African Parliament (PAP) 2000 South Africa

African Committee of Experts on the Rights and Welfare of the Child (ACERWC)

-

- African Charter on the Right and Welfare of the Child

- EX.CL/Dec. 947(XXX)

Lesotho

Economic, Social and Cultural Council (ECOSOCC)

2000 - Assembly/AU/Dec. 591(XXVI)

- Assembly/AU/Dec. 4(XXVI)

- EX.CL/976(XXIX)

Zambia

Total Organs for the Southern region: 3

Specialized Agency

African Risk Capacity (ARC) 2012 Agreement for the Establishment of the ARC

South Africa

African Centre for Fertilizer Development

1981 Convention for the Establishment of the African Centre for fertilizer Development

Zimbabwe

African Capacity Building Foundation (ACBF)

2017 - EX.CL/991(XXIX) - Assembly/AU/Dec.621(XXVIII)

Zimbabwe

Pan African Women's Organization (PAWO)

2017

- EX.CL/834(XXIV) - Assembly/AU/Dec. 621(XXVIII)

South Africa


African Commission on Nuclear Energy (AFCONE)

2009 The African Nuclear-Weapon-Free Zone Treaty (The treaty of Pelindaba)

South Africa

Total Specialized Agency for the Southern region: 5


PAU Institute for Space Sciences

Assembly/AU/Dec. 290(XV) South Africa

Total Specialized Technical Offices for the Southern region: 1

AU Permanent Delegation to the Southern Africa Region Office

AU Southern Africa Region Office (SARO)

Malawi

Total AU Permanent Delegation for the Southern Africa Region: 1

Other bodies

African Union Development Agency - New Partnership for Africa’s Development (AUDA-NEPAD)

2002 - Declaration 1(XXXVII) - Assembly/AU/Dec. 283(XIV) - Assembly/ AU/Dec.635 (XXVIII)) - Assembly/ AU/Dec. 685(XXX)) - Assembly/ AU/Dec.691 (XXXI)) - Ext/Assembly/AU/Dec.1(XI) - Assembly/AU/713(XXXII)

South Africa


African Peer Review Mechanism (APRM)

2003 - Assembly/AU/Dec/527 (XXIII) - Assembly/AU/Dec.198 (XI) - Assembly/AU/Dec. 631(XXVIII), - Assembly/AU/Dec.635(XXVIII) - Assembly/AU/Dec.686 (XXX), - Assembly/AU/721 (XXXII), - AU/Dec.1 (XI) and

Assembly/AU/Decl.4 (XXX)

South Africa

AU Foundation 2013 Assembly/AU/ Dec. 487(XXI)

-

Provisionally in South Africa

Total no of other bodies: 3

SUB-TOTAL FOR SOUTH: 13

Seat not decided –

African Medicines Agency

- EX.CL/Dec.1032 (XXXIV) - Assembly/AU/Dec.735 (XXXII) - Treaty for the Establishment of the African Medicines Agency

TOTAL FOR ALL REGIONS: 68


18. A combined analysis of all institutions and their geographic distribution is as follows:

Region Total Number of Institutions

Eastern 18

Western 12

Southern 13

Northern 13

Central 11

No seat decided 1

Total 68

19. Based on the combined analysis above, the Eastern region hosts the highest number of Institutions accounting for the 27% (18); followed by the Southern and Northern region accounting 19% (13) in their respective regions; then the Western region hosts 18% (12) of the AU bodies; and Central regions host 16% (11).

20. In addition to the above stated geographical distribution of AU Bodies, the following sixteen (16) AU Liaison offices have been established by the decisions of the AU Peace and Security on need basis. These are:

i. AU Liaison Office Burundi (AMIB) : Burundi ii. African Union Mission for SOMALIA AMISOM: Kenya iii. AU Liaison Office in Sudan : Sudan iv. AU Liaison Office in Comoros: Comoros v. AU Liaison Office in Madagascar : Madagascar vi. AU Liaison Office in Juba: South Sudan vii. AU Liaison Office in Botswana: Botswana viii. AU Mission to Saharawi Republic: Saharawi Republic ix. AU Liaison Office Cote d'Ivoire : Côte d'Ivoire x. AU Liaison Office Liberia: Liberia xi. AU Liaison Office in Kinshasa : DRC xii. AU Liaison Office Chad: Chad xiii. African Union Continental Logistics Base:19 Cameroon xiv.AU Missions for Mali and Sahel (MISAHEL): Mali xv. African Union Liaison Office in Guinea Bissau: Guinea Bissau xvi.AU Liaison Office in Libya (Special Office): Libya (currently in

Tunisia on a temporary basis)

19 Regional Logistics Base are also envisaged in the future.


SECTION IV: CONCLUSION AND RECOMMENDATIONS

21. In assessing the determining the seats, the Commission was able to deduct

that the distribution of seats was based on the following main reasons:

i. Offers by Member States on the establishment of the body and/or on hosting the institutions, with the commitment to provide for certain financial and political support on fund raising. In circumstances where there is more than one offer, the policy organs have resorted to requesting the countries to consult and report, following which the policy organs often receive a consensus on a single host and makes its decision;

ii. Offers by Member States or nominations of a region are usually

accompanied by justifications that make the country or the region a suitable candidate to host. The reasoning provided include, the availability of another AU body or UN body working on a similar mandate; the expertise of the country in the proposed field/topic, the fulfillment of the AU Criteria to Host, the financial capacity of the country to host, and the unique location of the region or Member State.

iii. The existence of some of the bodies, especially the specialised agencies

pre-dates their integration to the OAU/AU and hence the bodies have remained in the country of establishment;

iv. The Regional Economic Communities (RECs) have in some instances

proposed the designation of a seat. For instance, the AU Policy Organ endorsed the designation of Cameron by ECCAS as the seat for the African Monetary Fund (AMF). This is also a challenge when the capacity of the country is not accessed prior to granting of the AU body. In other instances, institutions such as the Fouta Djallon Highlands Programme have been transferred to ECOWAS by the Union20;

v. Liaison offices are often established by the decision of the Peace and

Security and on need basis.

vi. The allocation of the AU bodies has shown the importance of consultation. In this line, the basis of attribution of seats for AU institutions should be through regular consultations between the overall regional deans;

vii. As enshrined in the Constitutive Act and other legal instruments of the

AU, the equal treatment of all AU Member States is the main guiding principle of the AU. The procedure in election is one example of this practice, and the same should be reflected in the hosting of the AU Institutions.;

20 34th Ordinary Session of the Executive Council, EX.CL/Dec.971 (XXXI), January 2017.


viii. The AU requirements on Hosting are contingent, among others on the

voluntary financial contribution of a state in hosting an AU institution. Given the varying economic standing and national interest of Member States, it would be unattainable to expect all Member States to propose to host. However, care should be taken that the

ix. only evaluation means to host be financial.

Guiding Principle 1

22. The promotion of justice and fairness are some of the key principles in ensuring Equitable Geographical distribution. These principles are also enshrined under the Constitutive Act. The establishment of AU Institutions, whose objective are continental thus dictates the allocation of institutions to be made equaly within all the five (5) Regions. This will ensure the active regional participation, and subsequently the realisation of the regional integration Agenda. Due consideration should also be given to the rationalization of the work of the AU.

Guiding Principle 2

23. Prior to establishment of an AU body or proposal to host, the Commission should take steps by conducting due diligence studies on the financial, structural and legal implication of establishing an institution. Pursuant with Rule 19 (3) of the Rules of Procedure of the Assembly, a draft decision on establishing an institutions and/or hosting shall only be adopted after the Commission has provided its financial implications.

Guiding Principle 3

24. Consultation plays an essential role in the decision-making process of the

AU. In this line, prior to attribution of seats, regular consultations between the overall regional deans should take place. At regional level, under represented countries in terms of hosting should be given priority in their bid to host.

Guiding Principle 4

25. In order to ensure the equal participation of all Member States, there is need

for a reasonable access to source of information on the establishment and bids of hosting. Accordingly, there is need to broaden the information and it should be timely communicated to all Member States.

Guiding Principle 5

26. Modalities for evaluation to host AU Institutions must be established. These

modalities should, inter alia, set clear benchmarks on scorings of countries biding to host. For instance, terms like sound political environment in criteria


should be explained. The comparative advantageous of each country should also be considered.

Guiding Principle 6 27. It is equally important for the AU to review whether the established

Institutions are functioning and Hosting Agreements are being implemented in light of evolving circumstances. Accordingly, there is a need for a bi-annual review on the functionality of the established Institutions. There is a need for bi-annual review on the functionality of the established Institutions.

Guiding Principle 7

28. As a means to guarantee the implementation of Hosting Agreements and Equitable Geographical Distribution, Member States should be guided by a standardized Model Host Country Agreement.

Guiding Principle 8

29. Member States should also enter into one Agreement in hosting various

bodies within the same jurisdiction. The premises provided to all AU institutions should, to the extent possible be one as it is cost effective to locate Institutions in one premises and allows for better access in the harmonization of the work of the AU.

Guiding Principle 9

30. Member States that default on the implementation of the Hosting Agreement may be subject to sanctions, such as the removal of the AU Institutions from the defaulting states, as non-implementation may affect the delivery of the Institutions.


B. FIELD VISIT AND FINDING ON THE IMPLEMENTATION OF HOST

AGREEMENTS

Office of the Legal Counsel (OLC) and Ad-hoc Working Group on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies August 2018

I. BACKGROUND 1. The Executive Council vide decisions EX.CL/Dec. 854(XXVI) and EX.CL/Dec.

874 (XXVII), and EX.CL/Dec.1031 (XXXIV) adopted in January 2015, June 2015 and February 2019, requested amongst others that the Ad-hoc Working Group on Equitable Geographical Distribution (the “Working Group”) to finalize the studies on Host Country Agreements. The work of this committee is expected to complement and guide the work of the PRC Sub-Committee on Headquarters and Host Agreements, which have been requested to prepare the amendments to the criteria for hosting AU organs.

2. In implementing the above decisions, and to evaluate the implementation of

Host Country Agreement signed between the Union and Member States, the Office of the Legal Counsel (OLC) and the Working Group embarked on Missions to three (3) Member States: The Republic of The Gambia, Republic of South Africa and United Republic of Tanzania.

3. The report provides in Section I provides a brief background of the AU bodies; Section II provides a summary of common provisions in Host Country Agreements, Section III outlines best practices in Host Country Agreements, Section IV provides an overview on the challenges reported during the field visit, Section V provides summaries of recommendations. Finally, a matrix outlining the main issues is presented.

SECTION I: BRIEF BACKGROUND OF THE AU ORGANS, SPECIALIZED AGENCIES AND OTHER AU INSTITUTIONS VISITED.

A) SOUTH AFRICA

4. The Republic of South Africa either on a permanent or interim basis hosts seven

(7) AU bodies: the Pan African Parliament (PAP); African Risk Capacity (ARC); AU Foundation; African Commission on Nuclear Energy (AFCONE); PAU Institute for Space Sciences; African Union Development Agency - New Partnership for Africa’s Development (AUDA-NEPAD); and African Peer Review Mechanism (APRM). Field visit was conducted to the following:


i) PAN AFRICAN PARLIAMENT (PAP):21 A Host Agreement between the AU and the Government of the Republic of South Africa was signed on 16 September 2004. The agreement is now under review. The Executive Council Decision EX.CL/Dec. 1018 in Nouakchott, Mauritania, requested the “PRC Sub-Committee on headquarters and Host Agreements and the Commission to work in collaboration with PAP and the Government of South Africa to finalize the review process of the Host Country Agreement with a view to addressing the challenges encountered by the PAP and the Government of South Africa. At its meeting of 3 January 2019, the representative of the Government of South Africa noted, that the national legislations of South Africa, which does not allow for exemption of taxes is currently undergoing review and consultation process within the national legal system. In this regard, the representative requested to provide an on this issue in July 2019;

ii) AUDA-NEPAD:22 AUDA-NEPAD is provisionally being hosted by the Government of the Republic of South Africa pursuant to declaration Assembly/AU/Decl.8 (II), which mandated the entering into a temporary host agreement with a view to providing the NEPAD Secretariat with a legal status of an AU office operating outside the African Union Headquarters. A Host Agreement between the AU and the Government of the Republic of south Africa was signed on 9 October 2008. In November 2018, the Assembly vide Ext/Assembly/AU/Dec.1(XI) called for the conclusion of a permanent Host Country Agreement for AUDA-NEPAD;

iii) APRM:23 The APRM is hosted by the Republic of South Africa under a provisional arrangement. This is pursuant to an MOU which the Heads of State and Government signed which provides that the Secretariat of NEPAD shall act as Interim Secretariat of the APRM.A Host Agreement by and between the AU and the Government of the Republic of South Africa was signed on 9 October 2008 is the main Legal Instrument stipulating the roles and responsibilities of the African Union as well as the Government of the Republic of South Africa as far as hosting of the APRM is concerned;

iv) AU FOUNDATION24: The Foundation was launched on 30 January 2015 during the 24th Ordinary Session of the Assembly of Heads of State and Government. Its mandate is to promote resource mobilisation for African development. In accordance with Article 5 of the Foundation Charter the AU Foundation Secretariat is to be in Mauritius. It is currently being hosted by the Republic of South Africa, provisionally;

21 The PAP is hosted by the Republic of South African Pursuant to Decision Assembly/AU/Dec. 37(III) adopted by the Third Ordinary Session of the Assembly of Heads of State and Government held in Addis Ababa, Ethiopia from 6 – 8 July 2004. 22 See decision Assembly/AU/Dec.283(XIV), Assembly/ AU/Dec.691 (XXXI), Assembly/AU/Decl.8 (II), Ext/Assembly/AU/Dec.1(XI). 23 See Assembly/AU/Dec/527 (XXIII), Assembly/AU/Dec.198 (XI), Assembly/AU/Dec. 631(XXVIII), Assembly/AU/Dec. 635(XXVIII), Assembly/AU/Dec.686 (XXX), Assembly/AU/721 (XXXII), Ext/Assembly/AU/Dec.1 (XI) and Assembly/AU/Decl.4 (XXX) 24 Assembly/AU/ Dec. 487(XXI), May 2013.


v) ARC: established a specialised agency of the AU established by the Agreement for the Establishment of the African Risk Capacity (ARC) Agency. The Agreement is not yet in force as it requires ten (10) instruments of ratification and so far only eight (8) Member States have ratified the Agreement. As a result of this situation, a decision for the hosting of the ARC cannot be made until the Agreement enters into force. Upon entry into force the Conference of States Parties to the Agreement will decide on the host country in accordance with Article 9 of the Agreement. Currently the ARC is temporarily hosted under an Administrative Service Agreement with the World Food Program (WFP), which is in turn hosted by the government of the Republic of South Africa. By the Administrative Service Agreement it means all human resource, financial and administrative services are provided by the WFP at a fee. The ARC is essentially considered as a part of the WFP hence all hosting arrangements, immunities and privileges are those which are enjoyed by the WFP.

B) TANZANIA

5. The Republic of Tanzania hosts four (4) AU bodies: African Union Advisory Board on Corruption (AUABC); African Court on Human and Peoples’ Rights (AfCHPR); Pan African Postal Union (PAPU); and African Institute of International Law (AIIL). The Host Agreements are attached as Annexes. Field visit was conducted to AUABC, AfCHPR and PAPU as follows:

i) AUABC25: The Advisory Board is hosted by the Republic of Tanzania

pursuant to decision Assembly/AU/Dec.403(XVIII) adopted in January 2012. A Host Agreement between the AU and the Government of the United Republic of Tanzania was signed on 18 January 2013;

ii) AfCHPR:26 The AfCHPR is hosted by the United Republic of Tanzania pursuant to decision Assembly/AU/Dec.64(IV) adopted in January 2005 whereby the Heads of states and government decided that the Eastern African region will host the court. A Host Agreement between the AU and the Government of the United Republic of Tanzania was signed on 31 August 2007 and serves as the main Legal Instrument stipulating the roles and responsibilities of the African Union as well as the Government of the United Republic of Tanzania as far as hosting of the African Court is concerned;

iii) PAPU: 27 established as specialized agency of the AU charged with spearheading the development of postal services in Africa. A Host Agreement between the AU and the Government of the Republic of Tanzania was signed on 18 January 2013, and serves as the main Legal

25 In May 2009 in line with Article 22(1) of the African Union Convention on Preventing and Combating Corruption. Under

article 22(5) of the Convention, the Board is mandated to promote and encourage State Parties to adopt measures and actions to meet the Convention’s objectives and to follow up on the application of those measures. 26 The AfCHPR established by Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the

Establishment of an African Court on Human and Peoples’ Rights, which was adopted in June 1998 by OAU Heads of State and Government in Ouagadougou, Burkina Faso. The Protocol came into force on 25 January 2004. 27


Instrument stipulating the roles and responsibilities of the African Union as well as the Government of the United Republic of Tanzania as far as hosting of the PAPU is concerned.

C) THE GAMBIA

The Republic of The Gambia hosts the African Union Commision on Human and Peoples’ Rights (ACHPR), an organ of the AU and was inaugurated in 1987 to oversee and interpret the African Charter on Human and Peoples’ Rights (also known as the Banjul Charter). It is hosted by the Republic of The Gambia pursuant to Decision AHG Dec 1 (XXIV). The Host Agreements are attached as Annexes. A Host Agreement between the OAU and the Government of the Republic of The Gambia was signed on 12 June 1989, and serves as the main Legal Instrument stipulating the roles and responsibilities of the AU as well as the Government as far as hosting of the Commission is concerned.

SECTION II: SUMMARY OF COMMON PROVISIONS IN HOST AGREEMENTS

6. Of all the Institutions visited, the AU bodies in the Republic of South Africa do not currently have Host Agreement as they are under negotiation. The following common elements are observed in the previous Host Country Agreements including:

a) Legal Personality: All the visited Institutions have legal or judicial personality to enter into contracts, acquire property and to institute legal proceedings. The head of Institution is given the mandate to represent it in this respect;

b) Provision of Premises and Facilities by the Government: The Host Agreements have a provision for the Governments to provide premises and facilities. The governments are accorded the flexibility to provide temporary premises pending the provision of permanent structures. Some Host Agreements provide that the governments should provide rent free accommodation which will remain government property, while other Host Agreements provide for host governments to provide permanent structures or permanent premises. It should be recalled that the obligation to provide premises is one of the criteria for hosting AU Organs in accordance with Executive Council Decision EX.CL/195 (VII) and the exact wording used is as follows: The Host Country shall provide, at its expense a secure structure with furnished and equipped office premises for the seat of the organ on the basis of the objective requirements of office space;

c) Immunity of Property, Funds and Assets: The Host Agreements provide for inviolability of property of funds and assets and immunity from legal processes, unless waived. It also bars


government officials to enter the premises except with consent of the head of the Institution, except during emergencies

d) Immunities and Privileges of Officials: All the Host Agreements provide for immunities and privileges of officials. The only difference is the provision of full diplomatic immunities for senior officials while other officials and their families are provided with functional immunities. Specifically, they are immune from: legal processes, personal arrest or detention, tax on salaries and other remuneration, national service and immigration. They are accorded the following privileges: facilitation in respect of currency or exchange restrictions, repatriation facilities, and free movement. Persons performing missions, participants in courses, seminars and other meetings organized by the Institutions are also accorded functional immunity. The Host Agreements also make provision for waiver of immunity by the head of the Institution, in cases of abuse of immunity;

e) Communications: The Organs, Agencies and Other institutions are entitled to inviolability of their communication channels and the right to use codes and elect and operate telecommunication equipment, mobile and internet equipment;

f) Tax Exemption and Prohibition on Imports and Exports: The Institutions are exempted from direct tax and customs duty. Further, the officials have a right to import items for personal use, duty free, at the time of first taking up posts. The difference is in the periods within which the officials can exercise this right. For some Host Agreements the period is within 24 months, while for others the period is within 6 months of first taking up posts. It should also be noted that other Host Agreements provide for replacement of vehicles duty free, after a certain interval, say three years, while other Host Agreements are silent on this issue. Other Host Agreements provide for the possibility for the taxation of salaries of nationals or local staff or holders of permanent residence permits. (See Article 9(5) of the Host Agreement between the African Union and the Republic of South Africa on an Interim AU Office for the NEPAD and Article 9(5) of the Host Agreement between the African Union and the Republic of South Africa on an Interim AU Office for the Hosting of the APRM.). This is in violation of the OAU General Convention on Immunities on the privileges and immunities of the OAU;

g) Dispute Settlement: The Host Agreements provide for amicable settlement of disputes, failing which the matters are referred for arbitration;

h) Termination of Agreement: All Host Agreements provide for termination of the agreement. The only difference is with regards to the notice period for termination, with some Host Agreements


providing for 12 months’ notice, and most providing for 6 months’ notice;

i) Other Common Provisions: include entitlement to display the AU flag on the premises and vehicles; recognition of AU Laissez Passer; government to issue special identity cards to officials in the Institutions;

SECTION III: BEST PRACTICES- PROVISIONS IN SOME HOST AGREEMENTS

7. Some Host Agreements specify and provide for the following:

a) The application of both the Vienna Convention and the OAU

General Convention on Immunities and Privileges.28

b) Right of the Institution to enact regulations within their premises which shall take precedence over those of the host country;

c) Government to ensure protection of the premises, including residences of senior officials from external intrusion;

d) Recruitment of local staff to be in accordance with AU Staff Regulations and Rules

e) Government to assist in obtaining suitable housing for senior officials;

f) Obligations for both AU and the Government to inform and ensure that their officials, agents and servants abide by and observe the performance of the Agreement.

SECTION IV: SUMMARY OF CHALLENGES REPORTED FROM THE VISITED AU ORGANS, SPECIALIZED AGENCIES AND OTHER AU INSTITUTIONS

8. The following are the challenges encountered in the implementation of existing

Host Agreements, which the officials from the Organs, Specialized Agencies and Other AU Institutions reported:

a) Most, if not all, the institutions are in temporary accommodation,

pending the provision of permanent premises by the host governments;

b) Institutions are not provided with a copy of the lease agreement between the Host Governments and the Landlords of the rented premises. This presents a challenge to the institutions in that they do not know the landlord’s obligation towards the premises, for example, periodic repairs;

c) Some host countries are not providing security services to the Institutions in accordance with specifications in the Host Agreements;

d) Some Institutions are located in places very far from the host countries’ Administrative capitals. This contributes to challenges of access to the relevant host government representatives;

28 One of the criteria for hosting AU Organs is that a Member State should have ratified the General Convention on Privileges and Immunities of the Organization of African Unity, the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations.


e) No time frame stipulated for implementation of some of the provisions in the Host Agreement.

f) In some Member States, officers are obliged to pay tax on some goods and services and then ask for reimbursements from the government. The challenge is that the reimbursement process takes a long time and sometimes the tax is not reimbursed;

g) Lack of involvement of the institutions when taking decisions to select location and the office itself. Decisions being undertaken solely by host governments;

h) The host countries not providing goods and services stipulated in Host Agreements, at the expense of the Institutions;

i) Challenges encountered by delegates, including invited guests for the institutions, and AU staff members holding AU Laissez Passer in entering the host countries;

j) Lack of accountability measures and follow up mechanism to assess the extent to which host countries are meeting their obligations under the Host Agreements;

k) Lack of essential goods and services in some Host Countries thereby contributing to low execution rate as well as breach of procurement procedures in cases where it is not possible to get the three (3) quotations before the procurement of some goods and services as prescribed under AU Financial Rules and Regulations;

l) Challenges in accessibility of some host countries which makes the cost of air tickets as well as courier services very high. Accessibility also affects the evacuation of staff;

m) Host Agreements are signed between the African Union and the Host Country making it difficult for the Institutions to engage the government on the implementation of the Host Agreements;

n) Presence of armed police within some premises defeats the principle of inviolability of AU premises (e.g. at the PAP);

o) Prolonged visa processing periods for staff taking up their posts for the first time;

p) Vague provisions in some Host Agreements thereby leading to interpretation disagreements between host countries and the Institutions;

q) Some facilities that were provided by the host countries are now obsolete especially Information and Technology facilities. Some of the Host Agreements are silent as to which party bears the maintenance and upgrade obligation.

r) Some Host Agreements provide for some details to be specified in Annexes to be developed after the signing of the Host Agreement. The problem is that once the Host Agreements are signed the Annexes are not always developed;

s) Weak modalities for co-operation and engagement between some host countries and some of the AU institutions;

t) Staff in some AU institutions do not really understand their diplomatic rights and privileges;

u) Some Host Agreements provide for a very short period within which new staff members can import their personal effects, duty free. For instance six (6) months;


v) Some Host Agreements do not provide for the possibility for staff to replace vehicles after a certain period after the initial importation on duty free;

w) International driving licences are not recognized by some host countries;

x) Some Host Agreements make provision for taxation of salaries of local staff and holders of permanent resident permits.

SECTION V: SUMMARY OF RECOMMENDATIONS FROM THE VISITED AU ORGANS, SPECIALIZED AGENCIES AND OTHER AU INSTITUTIONS

9. In light of the above, the following recommendations are made:

a) Where AU Institutions are accommodated in rented premises, they should be furnished with a copy of the Lease Agreement to enable them to hold the Landlords to their obligations;

b) Host countries which are not meeting their obligations under the Host Agreements, at the expense of an AU institutions, should reimburse the AU for such costs and mutually agreed modalities;

c) Reports from Organs and Agencies to the policy organs should contain a section on challenges encountered in the implementation of the Host Agreements;

d) The Government should designate a focal point in places that are far from the administrative capitals, to facilitate communication between the AU Institutions and host countries;

e) Where a Member State is hosting more than one AU institution, it is cost effective to locate them in one premises (AU Village). It is cost effective as the institutions can share services like security, and conference facilities, etc;

f) The criteria for hosting AU Organs and institutions should be applied strictly to avoid some of the problems;

g) There needs to be a time frame for implementation of some of the provisions in the Host Agreements;

h) AU to provide private security to its institutions or make it an obligation in the Host Agreement for the host country to provide such;

i) The AUC should drive the whole process for drafting and negotiating Host Agreements however the Institution itself should sign the Host Agreement in order to empower them to enforce the Agreement;

j) The Host Agreement should be very clear on the issue of recruitment of staff, especially local staff so as to eliminate some expectations from the host country;

k) The Host Agreement should be very clear as to which of the parties bears the responsibility for maintenance of facilities that needs constant maintenance and upgrade including IT facilities and other fittings;


l) Need to formalize, stipulate and adhere to channels of communication between the host countries and the AU institutions;

m) There is need for the Host Agreements to stipulate the periods within which to review the Agreements.


TABLE 1

SPECIFIC FINDINGS FROM ORGANS, SPECIALISED AGENCIES AND OTHER AU INSTITUTIONS

NO. AU INSTITUTION VISITED

TYPE OF INSTITUTION

LOCATION PARTICIPANTS PRESENT

CHALLENGES ENCOUNTERED IN RELATION TO THE HOST AGREEMENT

RECOMMENDATIONS FROM THE INSTITUTION

1. African Court on Human and Peoples’ Rights (AfCHPR)

ORGAN Arusha, Tanzania Southern Africa

Registrar; Head of Finance and Administration; Deputy Head of Mission; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters Secretary.

1. Current the Court is in temporary accommodation and the premises are failing to accommodate the growing capacity of the Court.

2. The Court was not furnished with a copy of the lease agreement between the host government and the lessor. This presents a challenge to the Court in that they do not know the landlord’s obligation towards the premises. e.g periodic repairs.

3. Host country is providing security protection only for 12 hours and the court has to cater for the remaining 12 hours at its own cost.

4. Being far from the Capital City, the

court is disadvantaged by not having direct access to the host government’s representatives.

1. Where AU institutions are accommodated in rented premises, they should be furnished with a copy of the lease agreement to enable them hold the lessor to his obligations.


5. No time frame stipulated for implementation of some of the provisions in the Host Agreement.

6. Officers are obliged to pay tax and ask

for reimbursement. The reimbursement process takes a long time and sometimes the tax is not reimbursed.

7. Lack of involvement of the Court when selecting location of the office. Decision with regard to location was taken solely by Host Government.

8. The host government has not provided the access control equipment in accordance with annex IV of the Host Agreement.

9. Sometimes delegates, including invited guests for the court and AU staff members holding AU Laissez Passer are having difficulties entering the host country.

2. African Union Advisory Board on Corruption (AUABC)

Organ Arusha, Tanzania -Southern Africa

Executive Secretary; Senior Policy Officer- Statistics and economics; Senior Policy Officer – Political and Legal;

1. The AUABC is currently housed in temporary, rented premises.

2. Security challenges. Sharing of premises with other organizations/ authorities. They AUABC offices are on 7th and 3rd floors.

1. The Government of the United Republic of Tanzania should reimburse the cost of


Administrative and Finance Manager; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters ; Secretary.

3. Host country is not providing security

services for 24 hours.

4. No furniture provided by the host government as required by the Host Agreement.

5. The host government has not provided

session rooms with translation booths. These are rented during sessions and this leads to an audit query because it is clearly stated in the Host Agreement that the host government should provide the facilities.

6. Being far from the capital city, the

AUABC is disadvantaged by not having direct access to the host government’s representatives.

7. No time frame stipulated for

implementation of some of the provisions in the Host Agreement.



9. Lack of involvement of the AUABC

when selecting location and building for the office. Decision was taken solely by host government.

hiring meeting halls and translation as it is their obligation to provide these under the Host Agreement.

2. Reports from AU institutions to the policy organs should contain a section on the challenges encountered in the implementation of the Host Agreements.

3. The

Government should designate a focal point in Arusha to facilitate communicati


on between the AUABC and the host government.

4. Where a

Member State is hosting more than one AU institution, it is cost effective to locate them in one premises (AU Village). It is cost effective as the institutions can share services like security, and conference facilities etc.

3. Pan African Postal Union (PAPU)

Specialized agency

Arusha, Tanzania. Southern Africa

Secretary General, PAPU; Assistant Secretary General; Legal Adviser, PAPU;

1. Host Country is not providing security

protection. Private security agency is hired by the PAPU itself.

2. Insecure premises. The office is located along the highway with no perimeter fence.

1. The Government should designate a focal point in Arusha to facilitate communication between


Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters; Secretary.

3. Being far from the capital city, the PAPU is disadvantaged by not having direct access to the host government’s representatives.

4. The PAPU does not have direct contact

with the Ministry of Foreign Affairs as they have to go through the Ministry of Communication and this slows down processes.



6. Land to build permanent offices for the

PAPU was initially given by the former president of Tanzania and it has since been divided among other entities, thereby blocking access road to the PAPU.

7. Some delegates attending PAPU

meetings are required to apply for visa by the host government.

the PAPU and the host government.

4. African Commission on Human and Peoples’ Rights (ACHPR)

Organ Banjul, The Gambia

Outgoing Chairperson; Executive Secretary;

1. Shortage of staff such that the available officers engage the government on different aspects of the Host Agreement.

1. The criteria for hosting AU Organs should be applied strictly to


Acting Executive Secretary who is also Senior Legal Officer; Protocol Assistant; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters; Filing Clerk.

2. There are no accountability measures to assess the extent to which the host country is meeting its obligations under the Host Agreement.

3. The current building was occupied by

the Commission in 2011 as it was the only building that came close to meeting the requirements of the Commission in that area. The building has serious shortfalls to the needs of the Commission.

4. Serious security challenges due to

unavailability of perimeter fence as well as well as burglar bars. Consequently the Commission has been burgled several times.

5. There are no conference facilities

(conference halls and translation equipment) such that during the statutory sessions of the Commission as well as other periodic meetings, the Commission has to hire these services from the available few hotels.

6. No private security at the premises

which has prompted the government to resort to Police protection. This is a challenge since the presence of state actors on the premises does not augur very well with a Human Rights Institution.

avoid some of the problems being experienced.

2. There needs to be a time frame for implementation of some of the provisions in the Host Agreements.


OTHER CHALLENGES The following challenges are not necessary stemming from the Host Agreement. Rather they are general challenges raised by the officials 1. Lack of essential goods and services to

the extent that even where the Commission has the financial resources to procure its needs, it has to import them and this takes too long due to the challenges in accessibility of the Country.

2. The general lack of goods and services also contribute to low execution rate as well as breach of procurement procedures by the commission whereby sometimes it is not possible to get the three (3) quotations before the procurement of some goods and services as prescribed under AU Financial Rules and Regulations.

3. Challenges in accessibility of the host

country which makes the cost of air tickets as well as courier services very high. Accessibility also affects the evacuation of staff.

4. Lack of good schools and medical

services for the staff.

5. Severe electricity problems which affects hinders the work of the


Commission. They heavily rely on generator and the staff can’t work during weekends even when the exigencies of work demand so.

5. Pan African Parliament (PAP)

Organ Johannesburg, South Africa. Southern Africa

Clerk of Parliament; Deputy Clerk; Head of Administration and Human Resource; Sergeant at Arms; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters; Mail Runner.

1. The fact that the Host Agreement is signed between the African Union and the host country makes it difficult for PAP to engage the Government to implement the Host Agreement.

2. There is no private security for PAP. There is only one Sergeant at Arms.

3. There are concerns due to the

presence of the armed South African police inside the PAP premises. Despite police presence there have been several incidents of theft in the Premises, including theft of vehicles. The Clerk of the PAP has on several occasion engaged the government to remove the police from the premises, to no avail.

4. There are no CCTVs as well as

permanent scanners.

5. Prolonged visa processing time for PAP new staff taking up their posts for the first time. This is particularly so where the host country forms the view that the position was supposed to be filled by local staff.

1. AU to provide private security at PAP similar to the security detail at the AUC. This will make it possible for the Police to be outside the Premises.

2. The AUC should drive the whole process for drafting and negotiating the Host Agreement however the Institution itself should sign the Host Agreement in order to empower


6. Disagreement between the Government and the PAP over the review of the Agreement whereby the host country is of the view that it is only the annexes that are to undergo review as opposed to the whole Agreement. This has brought discussions on review of the Host Agreement to a standstill.

7. Gaps in the Host Agreement and

sometimes vague provisions.

8. The PAP is still accommodated under temporary premises. The Government was supposed to provide permanent accommodation by 2009 (5 years after signing the Host Agreement) and this is yet to be implemented.

9. Some facilities that were provided by

the host country are now obsolete especially IT facilities and the Host Agreement is silent as to who bears the maintenance obligation.

10. Some of the services and facilities

provided by the host government are outsourced from third parties. For instance the Premises. The challenge is that the PAP have no copy of the lease agreement and therefore do not know the lessor’s obligations for the PAP to enforce.

them to enforce the Agreement.

3. The Host

Agreement should be very clear on the issue of recruitment of staff, especially local staff.

4. The Host

Agreement should be very clear as to which of the parties bears the responsibility for maintenance of facilities that needs constant maintenance and upgrade including information and technology facilities and other fittings.


11. The government halted providing for ICT since 2012.

12. Challenges with interpretation

equipment. The service provider only attends to the equipment during statutory meetings and not other equally important meetings.

13. Disagreement between the PAP and

the host government on the interpretation of “parliamentary session” which results in the host government providing some services like transport and translation during plenary sessions only. On the other hand the PAP understands parliamentary session to include committee sessions. This understanding would entail the host government extending services to the committee sessions as well.

14. Some Annexes are not developed.

See Annex D.

15. Weak modalities for co-operation and engagement between the PAP and the host country.

16. Staff do not have a good

understanding of their diplomatic rights and privileges.

5. Need to

formalize and enforce the engagement between the PAP and host government.


17. The host government has not ratified the PAP Protocol.

6 AFRICAN RISK CAPACITY (ARC)

Specialized Agency

Johannesburg, South Africa. Southern Africa

Country Engagement Manager; Legal Officer; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters; Mail Runner.

1. No Host Agreement. They are temporarily hosted under an Administrative Service Agreement with the World Food Program

1. Encourage Member States to Ratify the ARC Statute in order for the Treaty to enter into force.

7 NEW PARTNERSHIP FOR DEVELOPMENT (NEPAD)

Specialized Agency

Johanesburg, South Africa. Southern Africa

Chief Executive Officer; Program Officer; Legal Officer; Human Resource Officer; Protocol Officer;

1. The Host Agreement has some vague provisions.

2. The Host Agreement is in serious need for review as not been reviewed ever since signing it in 2008.

3. No permanent premises provided by

the host country.

1. There is need to stipulate the period within which to review the Agreement.


Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies; Legal Officer- Treaty Matters; Mail Runner

4. The Host Agreement allows staff to order their personal effects, duty free, within the first six (6) months of taking up posts and the staff feel that the period is not adequate.

5. The Host Agreement does not provide

for the staff to replace vehicles after a certain period after the initial importation on duty free basis.

6. There are no annexes to the Host

Agreement despite being mentioned in Article 3(1)(2).

7. International driving licences are not

recognized by the host country.

8. Host Agreement makes provision for taxation of salaries of local staff and holders of permanent resident permits.

8 AFRICAN PEER REVIEW MECHANISM (APRM)

Specialized Agency

Johanesburg South Africa

Chief of Staff; Permanent Representative of the Republic of Zimbabwe to the AU and Chairperson of the PRC Committee on Equitable Geographical Distribution of African Union Institutions, Organs and Specialized Agencies;

1. The Host Agreement was signed in 2008 and is need for revision.

2. The APRM is accommodated in temporary offices and there is need for permanent offices in line with the Host Agreement.

3. Host Agreement makes provision for

taxation of salaries of local staff and holders of permanent resident permits.

1. Where a Member State is hosting several AU Institutions, it is cost effective to allocate them under the same premises.


Legal Officer- Treaty Matters; Mail Runner.

FIRST MEETING OF THE AD-HOC WORKING GROUP Monday 29 May 2017 Small Conference Room 3, NCC 10:00 hours Addis Ababa, Ethiopia

I. INTRODUCTION

1. The Executive Council of the African Union at its Twenty Seventh Ordinary Session, held in Johannesburg, South Africa from 7 to 12 June, 2015 considered the Draft Matrix of Modalities for Implementation of the Conclusions of the 4th Joint Retreat of the AUC and the PRC. The Executive Council took note of the Matrix and adopted Decision EX.CL/Dec.874(XXVII) as follows: The Executive Council,

1. TAKES NOTE of the Matrix prepared by the AUC/PRC Working Group, the inputs from North African Region and from other Member States and APPROVES the conclusions of the 4th Joint PRC-AUC Retreat;

2. STRESSES the need to synchronize the Matrix with other reforms being undertaken at the level of relevant AU institutions including the PRC Sub-Committees on Structure, Headquarters and Host Agreement, Administrative, Budgetary and Financial Matters and on the streamlining of the AU work methods and procedures;

3. UNDERLINES the need to ensure equitable distribution of AU institutions

by regions and REQUESTS the Commission to develop criteria on this matter for consideration by the PRC Sub-Committee on Headquarters and Host Agreement in line with the Decision of Executive Council of 2009 on criteria on hosting AU Organs;

4. DIRECTS that a Committee of at least two (2) representatives from each

region and the Office of the Legal Counsel be constituted to draft guidelines for ensuring fair geographical spread of AU Institutions, Organs and Specialized Agencies for submission to the AU Summit in January 2016.

II. COMPOSITION OF THE COMMITTEE FOR THE DEVELOPING THE DRAFT GUIDELINES FOR ENSURING EQUITABLE GEOGRAPHICAL DISTRIBUTION OF AU INSTITUTIONS, ORGANS AND SPECIALISED AGENCIES (THE COMMITTEE)

2. In implementing this Decision, the Commission, through the Office of the

Legal Counsel (OLC), in Notes Verbales dated 16 December 2015 and 07 July 2016 respectively invited the Permanent Missions to undertake consultations on the composition of the Committee. Subsequently, the following Member States were nominated:


i. Central Region: Cameroon and Chad

ii. Eastern Region: Uganda and Ethiopia

iii. Northern Region: Algeria and Egypt

iv. Southern Region: Zambia and Zimbabwe

v. Western Region: Cote d’Ivoire and Liberia

3. The first meeting of the Committee was held on 29 May 2017 in Addis Ababa, Ethiopia at the African Union (AU) Headquarters. The OLC serves as the Secretariat of the Committee.

III. ATTENDANCE

4. The following members of the Committee attended the meeting: (a) Central

Region: Chad; (b) Eastern Region: Uganda and Ethiopia; (c) Northern Region: Algeria and Egypt; Southern Region: Zambia and Zimbabwe; and Western Region: Cote d’Ivoire.

5. During the meeting, the representative of OLC reminded the Committee, of the need to elect a Bureau for the Committee composed of a Chairperson, Vice-Chairpersons and Rapporteur in line with the practice of the AU. The Honorable Ambassador of Republic of Zambia nominated H.E. Ambassador of Republic of Zimbabwe noting that in view of his immense experience, and reputation during his tenure as chair of the PRC in 2015, the Committee would benefit from his leadership. Following a brief consultation, the Committee made the following observations, the following were selected:

i. Algeria representing the Northern Region;

ii. Ethiopia representing the Eastern Region;

iii. Côte d'Ivoire representing the Western Region; and

iv. Zimbabwe representing the Southern Region (Chair)

6. As the Central region was only represented by Chad, it was agreed that the region will consult and inform the meeting of the representative from the region. It was also agreed that the Northern, Eastern, Western and Central regions will undertake consultations to decide on the countries which will take the positions of 1st Vice Chairperson, 2nd Vice Chairperson, 3rd Vice Chairperson and Rapporteur.

IV. CONSIDERATION AND ADOPTION OF THE DRAFT AGENDA

7. The meeting adopted the following agenda:

1. Opening

https://www.icc-cpi.int/cdi


2. Election of the Bureau

3. Consideration and adoption of the draft Agenda

4. Implementation of the Committee for Developing the Draft Overview on the Equitable Geographical Distribution of AU Institutions, Organs and Specialized Agencies

5. Any Other Business

V. PRESENTATION OF THE DRAFT GUIDELINES ON EQUITABLE GEOGRAPHIC DISTRIBUTION OF AU INSTITUTIONS, ORGANS AND SPECIALIZED AGENCIES AND GENERAL OBSERVATIONS OF THE COMMITTEE

8. The OLC presented the draft overview on Equitable Geographic Distribution

of AU institutions, Organs and Specialized Agencies (Annex I). The Committee was informed that the matrix on the distribution of AU institutions was divided into three categories based on the type of institutions, namely Organs, Institutions and Specialized Agencies.

9. It was noted that one of the objectives of the African Union is to ensure the fair distribution of AU institutions in order to disseminate the work of the Union. To achieve this objective, the Executive Council decision adopted EX.CL/Dec.874 (XXVII). In implementing the decision, the OLC identified the AU institutions, Organs and Specialized Agencies being host by AU member States. In order to facilitate the work, It was also proposed that a standard draft Host Country agreement be developed and adopted by the Policy Organs.

10. The following general observations were noted in relation to the nature and purpose of the Committee:

i. Basic principle for operation should be popularizing the work of the AU and fostering ownership by the African People;

ii. The representatives requested clarification on the applicable legal procedures, duration/term of the Committee and rules governing the Committee , its functions and the mandate of the Committee;

iii. Clarification was sought regarding the relationship between the Committee and the PRC and how the two will work together if necessary. To this, the OLC responded that the Committee will report its findings to the Sub-Committee on Headquarters and Host Country Agreement for its further deliberation;

iv. It was proposed that the term of the Committee should be four (4) to five (5) years or open ended, until equitable distribution is achieved. Proposal was made to have the bureau rotate every two (2) years;


v. Emphasized that the main issue to be addressed is whether the AU institutions are working, as some of these institutions are not functional. Members cited the Fertilizer Development Centre in Harare and the Afro Arab Institute in Mali.

11. On the overview on Equitable Geographical Distribution, the Committee

noted as follows:

i. There should be a clear grouping of the institutions in the correct categories and country;

ii. Emphasis was made on clarification of the mandate of the Committee since including issues such as “host country agreements” and “privileges and immunities” clouds the purpose of this Committee with other existing committees and sub-committees;

iii. The term “Equitable Geographical Distribution” must be defined as this is central to the document;

iv. Existing document on “Criteria for Hosting AU Organs” and the proposed amendments needs to be distributed to the Committee members for their information and alignment of the Committe's work;

v. The Draft overview should specify the determinants for the location of the AU bodies and how to popularize the African Union (AU) throughout the continent;

vi. There is also need to evaluate the capacity of countries to host without compromising the quality of AU bodies.

12. The OLC representative noted that the above comments will be taken into

consideration in amending the proposed draft overview.

VI. CONCLUDING REMARKS AND RECOMMENDATIONS

13. The Chairperson noted that the completion of the Bureau is important for the

success of the Committee. In this regard, he made his call to regions to consult and inform the Committee of the designated representative of the region. Furthermore, for the effective working of the Committee, it was agreed that the OLC should provide the Committee with a draft roadmap guiding the matters that the Committee will be dealing with as well as a calendar stating the scheduled meetings and reasons for the meetings; and circulate the Revised Draft Guidelines and other assignments will be undertaken in order to facilitate the discussions of the meeting.


SECOND MEETING OF THE AD-HOC WORKING GROUP

Thrusday, 23 May 2019 Small Conference Room 4, NCC 10:00 to 13:00 hrs Addis Ababa, Ethiopia

I. INTRODUCTION

1. The Executive Council vide decisions EX.CL/Dec. 854(XXVI) and EX.CL/Dec. 874 (XXVII), and EX.CL/Dec.1031 (XXXIV) adopted in January 2015, June 2015 and February 2019, requested amongst others that the PRC Ad-hoc Working Group on Equitable Geographical Distribution (the “Working Group”) to complement and guide the work of the PRC Sub-Committee on Headquarters and Host Agreements, which have been requested to prepare the amendments to the criteria for hosting AU organs.

2. Accordingly, the members of the Working Group met on 23 May 2019 at the AU Headquarters in Addis Ababa, Ethiopia. H. E. Ambassador Albert Ranganai Chimbindi, Permanent Representative of the Republic of Zimbabwe, chaired the meeting.

II. ATTENDANCE

3. The meeting had in attendance the following members of the Working Group: a) Zimbabwe b) Algeria c) Cameron d) Ethiopia e) Egypt f) Liberia g) Uganda

III. CONSIDERATION AND ADOPTION OF THE DRAFT AGENDA

4. The meeting adopted the following agenda:

1. Opening Remark 2. Consideration of the Report of the first meeting of the Ad-hoc Working

Group on Equitable Geographical Distribution 3. Updates on the activities of the Committee 4. Consideration of the Overview and Guidelines and and Draft Report of the

findings of the field visits on the implementation of Host Country Agreements

5. Consideration of the revised Criteria on Hosting of AU Organ 6. Proposed next step 7. Any Other Business


IV. CONSIDERATION OF THE REPORT OF THE FIRST MEETING OF THE AD-HOC WORKING GROUP ON EQUITABLE GEOGRAPHICAL DISTRIBUTION

5. The Chairperson invited Members to consider the draft report of the first meeting

of the Working Group. The Chairperson also called upon the Central region, which is represented by Chad and Cameroon to designate its representatives as other regions have already done so. The report was thereafter adopted.

V. UPDATES ON THE ACTIVITIES OF THE AD-HOC WORKING GROUP

6. The Commission, represented by the Office of the Legal Counsel (OLC), briefed

the Working Group on the key discussions and updates on the work of the Committee since its last meeting, which was held in May 2017. Referring to the documents before the Working Group (overview on equitable geographic distribution; Annex I on the field visit and findings regarding the implementation of Host Country Agreement; and Annex II proposing amendments to the Criteria for Hosting), the representative noted that the OLC in close consultation with the Chairperson of the Working Group conducted various activities, including desktop research, which mainly focused on the compilation of database on all AU bodies and the practices of other international organisations. A field visit was also conducted to three (3) host countries, with the view to provide insight into the practical challenges and best practices affecting equitable geographic distribution.

VI. CONSIDERATION OF THE DRAFT OVERVIEW AND GUIDELINES

AND REPORT ON THE FINDINGS OF THE FIELD VISITS REGARDING THE IMPLEMENTATION OF THE HOST COUNTRY AGREEMENTS

7. The Chairperson gave a brief on the overview and guidelines and the draft report

on the findings of the field visits regarding the implementation of the Host Country Agreements.

8. The following observations were made:

i. The working group noted that its mandate has been expanded in February 2019 to include guidelines for implementation of Headquarters Agreement, which includes matters related to taxation of salaries of nationals, local staff or holders or permanent resident permits. It was clarified that the latter issue, which mainly touched upon Headquarters Agreements with the Republic of South Africa, and the Government has committed to submit the results of national consultations to the PRC Sub-Committee on Headquarters and Host Agreements;

ii. The Guidelines should clearly outline the definition of Equitable Geographical distributions;


iii. The Constitutive Act prescribes the principle of equality and the working group was requested to focus its deliberation in finding means to put all counties on equal standings, irrespective of their financial contributions;

iv. The generality of terms in the Criteria in hosing AU organs has led to the

various challenges faced in the equitable geographical distributions and there is need to identify additional criteria’s that avoid ambiguity or arbitrary setting of standards;

v. The overview outlines that AU decision in granting status to various

bodies has not be accompanied with due diligence studies. Resultantly, most of the decisions made by Policy Organs do not tally with the set criteria’s;

vi. On Section III that complies AU bodies, amendments were proposed,

such as renumbering; identification of the Regional Logistic Bases and their location, while Cameroon hosts the continental body; to amend the AMDC allocation to Guinea instead of the Eastern Region, as there is a decision to this effect; identification of the CDC offices outside of Addis Ababa and their whereabouts to be stated;

vii. Questions were raised on whether the guidelines should focus on equity

instead of equal representation. Some delegations were of the view that priority should be given to rationalization the work of the Union and care should be avoid unduly spreading AU bodies. Others were of the view equal representation should be the goal as all Member States should be given the opportunity to host AU bodies;

viii. The existence of some of the AU bodies predates their integration into

the AU Structure, and as such some of the bodies have remained in the country wherein they were first established;

ix. The hosting of AU bodies is also dependant on the offers to Member

States as this is the prerogative of each Member State;

x. The setting up of AU bodies through AU decision, prior to conducting due diligence has been a common challenge and should be avoided in the future. There is also need for periodic review as the field visit has shown that as some countries are registered to host some bodies, while the said body is no longer functional;

xi. Clarity was sought on whether AU Liaison offices established by the

Peace and Security Council should be included in the regional accounting of bodies, as the establishment of these bodies is on a need basis. It was agreed that while they may be cited for purpose of information, the final count on equitable geographical distribution will be re-adjusted considering the exceptional nature of these bodies;

xii. All regions, under represented, and by implication all countries in those

regions should be given a priority and the main guiding principles should


base its self on this. The other exceptions, such as financial and other circumventing issues will be the exceptions that should be considered after this priority is given;

xiii. There is a need for a Model Host Country Agreement. The meeting was

informed that the PRC Sub-Committee on Headquarters and Host Agreements is mandated to take up this task and the Chairperson of this working group will highlight this matter in his report to the said Sub-Committee;

xiv. The meeting proposed the addition of the following in the guidelines:

a) to broaden the information on hosting, so Member States can be on

equal standing; b) to have pre-set models for evaluation of countries in their offer to host.

This modality should inter alia clarify and set bench marks on terms such as sound political environment and also evaluate the comparative advantage each country through the set standards;

c) to ensure that AU Policy Organs should be presented with reports on due-diligence (financial, legal and structural implications) prior to any endorsement by the Summit;

d) to give priority to least hosting countries as the guidelines while taking note of the need to rationalize the work of the AU System.

9. It was agreed that the updated overview would consider the observations made

above. VII. CONSIDERATION OF THE REVISED CRITERIA ON HOSTING OF AU

ORGAN 10. The Working Committee deferred the consideration of the revised Criteria,

noting that the Criteria should be amended in accordance with the proposals made above.

VII. PROPOSED NEXT STEP

11. In light of the time constraints, the Chairperson proposed that amendments of

the above-mentioned documents and the report of this meeting be circulated to Members of this Working Group by mail, following which the Chairperson of the Working Group will present the documents to the PRC Sub-Committee on Headquarters and Host Agreements.

12. The meeting agreed that OLC should circulate the updated documents to the Working Group and that the Chairperson to report to the PRC Sub-Committee on Headquarters and Host Agreements as proposed above.

VIII. ANY OTHER BUSINESS

13. There was no other business discussed.

4 June 2019

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www.au.int


EX.CL/1151(XXXV)vi Annex 2 Original : English

UPDATES ON MATRIX OF PENDING ISSUES

EX.CL/1151(XXXV)vi Annex 2 P a g e | 1

4 June 2019

PRC SUBCOMMITTEE ON HEADQUARTERS AND HOST AGREEMENTS Updated Version – June 2019

MATRIX OF PENDING ISSUES

S/N

ISSUES BACKGROUND/ ACTIONS TAKEN

PENDING ACTION (S) Action By Remarks/Status

1. Discussions on the Host agreement between the AU and the Republic of South Africa on the seat of the Pan African Parliament (PAP)

1. The Executive Council Decision EX.CL/Dec. 1031 in Addis Ababa, Ethiopia, requested “the Republic of South Africa to speed up the finalization of the Host Country Agreements with the AU institutions hosted by South Africa” The disparity between the African Union instruments and the national legislations of the Republic of South Africa regarding the exemptions of taxation of salaries of nationals, local staff or holders of permanent residence permits.

2. The representative of the Government of South Africa noted, that the national legislations of South Africa, which does not allow for exemption of taxes, is currently undergoing review and consultation process within the national legal system. In this regard, the representative requested to provide an update on this issue prior to the meeting of the Executive Council in July 2019.

3. The meeting was informed that the consultation at the national level is still on-going.

4. Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified:

There are concerns due to the presence of the armed South African police inside the PAP premises. Despite police presence there have been several incidents of theft in the Premises, including theft of vehicles. The Clerk of the PAP has on several occasion engaged the government to remove the police from the premises, to no avail.

There are no CCTVs as well as permanent scanners.

Prolonged visa processing time for PAP new staff taking up their posts for the first time. This is particularly so where the host country forms the view that the position was supposed to be filled by local staff.

There is need to finalize the negotiation of Host Country Agreement with the Government of South Africa. The outcome of the negotiation involving PAP will also be instrumental to African Union Development Agency (AUDA)/NEPAD, and APRM, which are also based in South Africa.

The Government of the Republic of South Africa

Where a Member State is hosting several AU Institutions, it is cost effective to allocate them under the same premises.


4 June 2019



S/N



The PAP is still accommodated under temporary premises.

The government halted providing for ICT since 2012.

Weak modalities for co-operation and engagement between the PAP and the host country.

The host government has not ratified the PAP Protocol nor the OAU Convention on Immunities and Privileges

2. Finalization of the Study on Host Agreements in Member States Hosting AU Organs and Institutions

1. Desktop research has been concluded; 2. Under the leadership of the Chairperson of the Sub-

Committee on Equitable Geographical Distribution, the OLC conducted field visits to South Africa (PAP, NEPAD, APRM, AU Foundation, African Risk Capacity), Tanzania (African Union Advisory Board on Corruption (AUABC), African Court on Human and Peoples’ Rights (AfCHPR), Pan African Postal Union - PAPU) and The Gambia to the African Commission on Human and Peoples’ Rights (ACHPR).

3. The Sub-Committee received a presentation from the Working Group on Equitable Geographical Distribution of African Union institutions, Organs and Specialized Agencies on the following:

Overview and draft guidelines Annex I: Field Visits and findings

4. The draft Guidelines on Equitable Geographical distribution was recommended for the adoption of the AU Policy Organs.

The Sub-Committee in collaboration with the OLC to develop the following

Amendment to the Criteria for Hosting AU Bodies

Development of Model Host Country Agreement

Development of Evaluation Modality for the scoring of hosting bids.

Sub-Committee/OLC

PENDING

3. Discussions on the Host agreement between the ACBF and the Government

1. The Executive Council EX.CL/Dec.1049(XXXIV) in Addis Ababa, Ethiopia, requested “ ACBF to continue engaging the Government of Ethiopia, with the support of the Commission, on the Host Country Agreement for an ACBF Office in Addis Ababa and INVITE[D] the Government of Ethiopia to give this request favourable consideration in line with the privileges and immunities accorded to the African Union.

Finalization of the Host Country Agreement

The Government of the Federal Republic of Ethiopia, ACBF and Commission

PENDING


4 June 2019



S/N



of Federal Democratic Republic of Ethiopia

2. The OLC vide BC/OLC/108/24/663.19 dated 15 April 2019 called upon the Government of the Federal Republic of Ethiopia to facilitate the hosting of the AU Specialized Agency.

3. The representative of Ethiopia noted that consultations have been undertaken between the Government and the representatives of ACBF, and the Host Country Agreement will be finalized.

4. AU Staff as persona non grata

It was brought to the attention of the Commission the recent declaration of the Department of International Relations and Cooperation (DIRCO) involving a staff member with the Pan African Parliament (PAP), Ms. Mandy Mauyakufa. Resultantly, the Staff Member was forced to evacuate and have not been able to return to her duties.

The representative of the Government requested for additional information as the Permanent Mission is not aware of this incident.

The Government of the Republic of South Africa, PAP and Commission ,

5. Theft within the premises of the AU Headquarters

1. It was brought to the attention of the Commission the stealing of side mirrors from various cars that were parked within the compound of the Union.

2. Article 12 of the Headquarters Agreement states that the Government through appropriate authorities shall provide for security and protection and there is a need for the strict implementation.

The representative noted that an explicit request for security personnel’s to be placed at the AU premises should be made by the Commission as the inviolability of the premises of the AU would not allow the Government to place security Personnel’s without an explicit request from the AU.

The Government of the Federal Republic of Ethiopia

OLC to follow up with AU Security and Safety for a periodical report and necessary support needed from the Government.

6. Development of a set of Guidelines on the

This activity has been overtaken by the outcomes of the Working Group (see No. 2 above)

Development of the Guidelines on the. Implementation of the Headquarters Agreement

AUC and Sub- Committee

PENDING

.


4 June 2019



S/N



implementation of the Headquarters Agreement

following the development of the Model Host Country Agreement.

7. Issuance of Ethiopian Driver’s license

1. The Commission informed the Host Country of difficulties issuance of Ethiopia Driver’s license in only Amharic language.

2. On an immediate basis, the Government has arranged with the Ministry of Transport the provision of an official translation.

3. The Government working towards making changes to the driving licenses’ system and the process to ensure translation of the licenses in the English language;

4. In a long run to have a dedicated service unit within the Transport Ministry assisting the diplomatic community.

The Government

of the Federal Republic of

Ethiopia

PENDING

8. Money Transfer System

1. This matter brought by a number of member states requesting the Host Country to institute an instant money transfer system to allow diplomats to remit funds to relatives.

2. The Host Country declared that the National Bank of Ethiopia has issued an official communication on the application of the SWIFT money transfer system that allows the transfer to be completed within 2 days

The Commission to follow up on implementation

Commission ON-GOING

9. Maximum withdrawal limit for AU Staff Members traveling

1. The Host Country communicated that the Proclamation regulating foreign currency had been issued increasing the amount that a Diplomat could withdraw from the bank accounts when traveling outside Ethiopia. The amount had been increased from $5,000 to $10,000 since 2013.

2. The Commission informed the Host Country that the Commercial Bank of Ethiopia is yet to implement the Regulation and called the latter to intervene.

Commission to follow up on the applicability of the withdrawal system.

Commission PENDING


4 June 2019



S/N



3. Host Country noted that the proclamation is being implemented by Commercial Bank and other banks in Ethiopia with the provision of $5,000 and transferring the remaining $5,000 on credit cards.

10. Case of Amare Wolde

1. Mr. Amare Wolde, staff member of the AU Commission bought a vehicle from the AU Commission duty free. However, Ethiopian Customs Authority subsequently confiscated the vehicle on the premise that duty should be paid. Mr. Wolde took the matter to court and rulings of the Federal and Supreme Courts of the Federal Democratic Republic of Ethiopia have been issued.

2. The Commission asserted its immunity from legal processes in accordance with the Headquarters Agreement and requested for an out of court settlement.

3. The Commission requested the Host Country to inform the Courts that the AU is immune from legal processes and an out of court settlement will be reached.

4. The Host Country informed AU Commission that the message was conveyed to the Courts and to set a date to resolve the matter in the presence of all relevant parties.

5. The Host Government (Diplomatic Immunities, Privileges and Protection Directorate of the Ethiopian Ministry of Foreign Affairs) and the Commission met on 11 January 2019 to discuss the matter with a view to reaching an amicable solution.

6. The Government requested Amare Wolde and relevant departments the submission of documents and holding a meeting with the Federal Democratic Republic of Ethiopia.

The matter to be settled out of court at the Immunities and Privileges section of the Ministry of Foreign Affairs.

.

Commission, The

Government of the Federal Republic of Ethiopia &

Amare Wolde

PENDING


4 June 2019



S/N



11. Challenges relating to Information and Communication Technology

Information security and quality of Internet and telecommunication services have become a persistent problem affecting the service delivery of the Commission.

.

The Government to liaise with relevant national agencies to resolve the issue.

The Government


Ethiopia

ON-GOING

12. Communication of changes in the Domestic Laws, Rules and Policies of the Host Country

The Commission has informed the Host Country of the need for timeous communication to the AU and member states on changes to national laws, rules and policies that may affect the implementation of the Headquarters Agreement.

The Government has acknowledged the importance of timeous communication to the AU and its member states and will endeavor to do so.

The Government


Ethiopia

ONGOING

13. African Court on Human and Peoples’ Rights (AfCHPR)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified: 1. Currently the Court is in temporary accommodation and the

premises are failing to accommodate the growing capacity of the Court.

2. The Court was not furnished with a copy of the lease agreement between the host government and the lessor. This presents a challenge to the Court in that they do not know the landlord’s obligation towards the premises. e.g periodic repairs.

3. Host country is providing security protection only for 12 hours and the court has to cater for the remaining 12 hours at its own cost.

1. To consult with the Government.

2. Endeavor to host all AU bodies at the same premises.

The Government

of the Republic of

Tanzania and the AUC

PENDING


4 June 2019



S/N



4. Being far from the Capital City, the court is disadvantaged by not having direct access to the host government’s representatives.


6. Officers are obliged to pay tax and ask for reimbursement. The reimbursement process takes a long time and sometimes the tax is not reimbursed.

7. Lack of involvement of the Court when selecting location of the office. Decision with regard to location was taken solely by Host Government.

8. The host government has not provided the access control equipment in accordance with annex IV of the Host Agreement.

9. Sometimes delegates, including invited guests for the court and AU staff members holding AU Laissez Passer are having difficulties entering the host country.

14. African Union Advisory Board on Corruption (AUABC)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified: 1. The AUABC is currently housed in temporary, rented

premises. 2. Security challenges. Sharing of premises with other

organizations/ authorities. They AUABC offices are on 7th and 3rd floors.

3. Host country is not providing security services for 24 hours. 4. No furniture provided by the host government as required by

the Host Agreement. 5. The host government has not provided session rooms with

translation booths. These are rented during sessions and this leads to an audit query because it is clearly stated in the Host

1. To consult with the Government.


The Government

of the Republic of

Tanzania and the AUC

PENDING (SEE ALSO REMARK

UNDER NO.1)


4 June 2019



S/N



Agreement that the host government should provide the facilities.

6. Being far from the capital city, the AUABC is disadvantaged by not having direct access to the host government’s representatives.



9. Lack of involvement of the AUABC when selecting location and building for the office. Decision was taken solely by host government.

15. Pan African Postal Union (PAPU)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified: 1. Host Country is not providing security protection. Private

security agency is hired by the PAPU itself. 2. Insecure premises. The office is located along the highway

with no perimeter fence. 3. Being far from the capital city, the PAPU is disadvantaged by

not having direct access to the host government’s representatives.

4. The PAPU does not have direct contact with the Ministry of Foreign Affairs as they have to go through the Ministry of Communication and this slows down processes.


6. Land to build permanent offices for the PAPU was initially given by the former president of Tanzania and it has since

1. The Government should designate a focal point in Arusha to facilitate communication between the PAPU and the host government.


The Government

of the Republic of

Tanzania and the PAPU


UNDER NO.1)


4 June 2019



S/N



been divided among other entities, thereby blocking access road to the PAPU.

7. Some delegates attending PAPU meetings are required to apply for visa by the host government.

16. African Commission on Human and Peoples’ Rights (ACHPR)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified: 1. There are no accountability measures to assess the extent to

which the host country is meeting its obligations under the Host Agreement.

2. The current building was occupied by the ACHPR in 2011 as it was the only building that came close to meeting the requirements of the ACHPR in that area. The building has serious shortfalls to the needs of the ACHPR.

3. Serious security challenges due to unavailability of perimeter fence as well as well as burglar bars. Consequently, the ACHPR no conference facilities (conference halls and translation equipment) such that during the statutory sessions of the Commission as well as other periodic meetings, the Commission has to hire these services from the available few hotels.

4. No private security at the premises which has prompted the government to resort to Police protection. This is a challenge since the presence of state actors on the premises does not augur very well with a Human Rights Institution.

To consult with the Government.

The Gambia and

Commission

PENDING

17. AFRICAN RISK CAPACITY (ARC)

Field visit conducted and the AUC identified that there is Host Agreement. They are temporarily hosted under an Administrative Service Agreement with the World Food Program

See above under No. 1 PENDING (SEE ALSO REMARK

UNDER NO.1)


4 June 2019



S/N



18. African Union Developmental Agency-NEW PARTNERSHIP FOR DEVELOPMENT (AUDA-NEPAD)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified:

1. The Host Agreement has some vague provisions. 2. The Host Agreement is in serious need for review as not been

reviewed ever since signing it in 2008. 3. No permanent premises provided by the host country. 4. The Host Agreement allows staff to order their personal

effects, duty free, within the first six (6) months of taking up posts and the staff feel that the period is not adequate

5. The Host Agreement does not provide for the staff to replace vehicles after a certain period after the initial importation on duty free basis.

6. There are no annexes to the Host Agreement despite being mentioned in Article 3(1)(2).

7. International driving licenses are not recognized by the host country.


See above under No. 1 PENDING

(SEE ALSO REMARK

UNDER NO.1)

19. AFRICAN PEER REVIEW MECHANISM (APRM)

Field visit conducted on the implementation of the Host Country Agreement by the AUC and Working Group. The following challenges were identified:

1. The Host Agreement was signed in 2008 and there is need for revision.

2. The APRM is accommodated in temporary offices and there is need for permanent offices in line with the Host Agreement.


See above under No. 1 The Government

of the Republic of South Africa


UNDER NO.1)

executive council thirty-fifth ordinary session niamey, niger · 2. the meeting was chaired by h.e....

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