ACTS OF THE PAN AFRICAN POSTAL UNION

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1 PAN AFRICAN POSTAL UNION PAPU/UPAP ACTS OF THE PAN AFRICAN POSTAL UNION REVISED IN YAOUNDE (CAMEROON) BY THE PLENIPOTENTIARY CONFERENCE ARUSHA 1988 GENERAL SECRETARIAT OF THE PAN AFRICAN POSTAL UNION

2 PAN AFRICAN POSTAL UNION PAPU/UPAP ACTS OF THE PAN AFRICAN POSTAL UNION REVISED IN YAOUNDE (CAMEROON) BY THE PLENIPOTENTIARY CONFERENCE ARUSHA 1988 GENERAL SECRETARIAT OF THE PAN AFRICAN POSTAL UNION 1

3 PAN AFRICAN POSTAL UNION PAPU/UPAP ACTS OF THE PAN AFRICAN POSTAL UNION REVISED IN YAOUNDE (CAMEROON) BY THE PLENIPOTENTIARY CONFERENCE ARUSHA 1988 GENERAL SECRETARIAT OF THE PAN AFRICAN POSTAL UNION 2

4 S U M M A R Y = = = = = = = = P a g e CONVENTION OF THE PAN AFRICAN POSTAL UNION 7-20 DETAILED REGULATIONS OF THE CONVENTION CONVENTION OF THE PAN AFRICAN POSTAL UNION 3

5 CONVENTION OF THE PAN AFRICAN POSTAL UNION TABLE OF CONTENTS PREAMBLE CHAPTER I : GENERAL PROVISIONS Article 1. Establishment of the Union 2. Composition of the Union 3. Working Languages of the Union 4. Seat of the Union CHAPTER II : OBJECTIVES 5. Objective of the Union CHAPTER III : ORGANS OF THE UNION 6. Organs of the Union 7. Permanent Organs of the Union 8. Non-Permanent Organs of the Union CHAPTER IV : COMPOSITION AND FUNCTIONS OF THE ORGANS 9. Plenipotentiary Conference 10. Administrative Council 11. General Secretariat 12. Administrative and Technical Committees 4

6 CHAPTER V : FINANCE OF THE UNION 13. Revenue of the Union 14. Expenditure of the Union 15. Advance of Funds to the Union CHAPTER VI : CLASSIFICATION OF THE ACTS OF THE UNION 16. Classification of the Acts of the Union CHAPTER VII : COOPERATION 17. Cooperation with national and international bodies 18. Relations with other countries 19. Agreements 20. Cooperation among Member-States of the Union. CHAPTER VIII : LEGAL STATUS OF THE UNION 21. Relations between the Union and the Organization of African Unity (OAU) 22. Legal Status of the Union 23. Privileges and Immunities 24. Headquarters Agreement CHAPTER IX : RIGHTS AND OBLIGATIONS OF MEMBER STATES 25. Pledge of Member-States 26. Voting Right 27. Settlement of Disputes 28. Denunciation 5

7 CHAPTER X : SIGNATURE, RATIFICATION AND ACCESSION 29. Signature of the Convention 30. Ratification of the Convention 31. Accession to the Convention CHAPTER XI : FINAL PROVISIONS 32. Suspension of a Member-State 33. Amendments 34. Detailed Regulations of the Convention 35. Rules of Procedure 36. Entry into force of the Convention 6

8 CONVENTION OF THE PAN AFRICAN POSTAL UNION P R E A M B L E We, the Plenipotentiaries of Governments of Member-States of the Organization of African Unity (OAU) Pursuant to the principles and objectives of the OAU Charter; Conscious of the important role of postal services in communications among peoples; Convinced of the need for a permanent machinery to coordinate decisions adopted for the development and operation of the said postal services; Desirous of contributing, through efficient functioning of postal services, to the development of cooperation, notably inter-african cooperation, in cultural, social and economic fields; Guided by Resolution CM/Res.586 (XXIX) on the setting-up of a Pan African Postal Union as approved by the 14 th Session of the OAU Assembly of Heads of State and Government; Hereby agrees as follows: 7

9 CHAPTER I GENERAL PROVISIONS Article 1 : Establishment of the Union By the present Convention the contracting parties do hereby constitute the Pan African Postal Union (PAPU) hereinafter referred to as the Union. The Union shall be the Specialized Agency of the OAU in the postal field. Article 2 : Composition of the Union 1. The Union shall comprise Member-States of the OAU which have signed and ratified or adhered to this Convention. 2. Any other member state of the OAU may become a Member of the Union by acceding to the Convention in compliance with Article 31. Article 3 : Working languages of the Union The working languages of the Union shall be those of the Organization of African Unity (OAU). Article 4 : Seat of the Union The seat of the Union shall be established in Arusha, United Republic of Tanzania. CHAPTER II OBJECTIVES Article 5 : Objectives of the Union The objectives of the Union shall be: 8

10 1. to maintain and extend co-operation among Member-States for the improvement and rational use of postal services; 2. to harmonize tariff structures among Member-States with the view of establishing tariffs compatible with good services and a sound financial management of postal services; 3. to promote the establishment of multi-national regional and sub-regional postal training institutes in Africa, in co-operation with international and African Regional and sub-regional organizations with legitimate interest in postal services in Africa; 4. to harmonize, as far as possible the position of the Member-States during international meetings in the field of postal services and in particular at UPU meetings; 5. to publish information and research materials on postal services for the benefit of Member-States of the Union and to encourage the exchange of information and staff between the administrations of Member-States; 6. to act as a servicing institution for its Member-States for integrated postal development providing them with the necessary technical support. CHAPTER III ORGANS OF THE UNION Article 6 : Organs of the Union The organs shall be: 1. The Plenipotentiary Conference; 9

11 2. The Administrative Council; 3. The General Secretariat; 4. The Administrative and Technical Committees. Article 7 : Permanent Organs The Plenipotentiary Conference, the Administrative Council and the General Secretariat shall be permanent organs of the Union. Article 8 : Non-permanent Organs The Administrative and Technical Committees shall be the non-permanent organs of the Union. CHAPTER IV COMPOSITION OF FONCTIONS OF THE ORGANS OF THE UNION Article 9 : Plenipotentiary Conference 1. The Plenipotentiary Conference hereinafter referred to as the Conference shall be the supreme organ of the Union. It shall assume the prime functions with a view to achieving the objectives of the Union 2. It shall consist of Ministers responsible for postal Services of Member-States. 3. The Conference shall convene in an ordinary session every four years. 4 At the request of one or more Member-States, the Administrative Council or the General Secretariat and subject to the agreement of two-thirds of the Member- States, the Conference shall convene in an extraordinary session. 5. African Liberation Movements recognized by the OAU shall, at their request, be admitted as observers to the sessions of the Conference. 10

12 Article 10 : Administrative Council 1. The Administrative Council hereinafter referred to as the Council shall consist of sixteen Member-States. Its term of office shall be four years. 2. Between the sessions of the Conference, the Council shall be the decisionmaking body of the Union within the limits of the powers delegated to it by the Conference. 3. It shall consist of the duly accredited representatives of Member-States elected in accordance with the geographical distribution adopted by the OAU 4. The Council shall convene in an ordinary session annually. 5. At the request of one or more Member-States of the Union, or the Secretary- General, and subject to the Agreement of two-thirds of the Member-States of the Council, the Council shall meet in an extra ordinary session. Article 11 : General Secretariat 1. The General Secretariat is the executive body of the Union. It shall be headed by a Secretary-General of the Union. It shall be headed by a Secretary-General assisted by an Assistant Secretary-General. 2. The Secretary-General and the Assistant Secretary-General shall be elected by the Conference for a four-year period. They shall be eligible for re-election only once. At the end of the second term of office, neither of them can apply again for either post. 11

13 3. The Secretary-General shall be answerable to the Conference and the Council. The Assistant Secretary-General shall be answerable to the Secretary-General. Article 12 : Administrative and Technical Committee 1. The Administrative and Technical Committees, non-permanent organs of the Union, may be established by the Conference or the Council. 2. They shall have to study specific issues relating to the postal services and any other matters that may be entrusted to them. CHAPTER V FINANCES OF THE UNION Article 13 : Revenue of the Union The Revenue of the Union shall consist of : 1. contributions made by Member-states in accordance with the scale of assessment established by the Conference; 2. any other funds including extra-budgetary contributions which may be made available to the Union, subject to approval of the Council. Article 14 : Expenditure of the Union Expenditure by the Union shall be made up of expenses relating to : 1. sessions of the Conference, and the Council, and meetings of the Administrative and Technical Committees; 12

14 2. operation of the General Secretariat; 3. any other activities pertaining to the objectives of the Union. Article 15 Advance of Funds to the Union The Government of the host-country shall to the fullest extent possible, advance to the Union, funds necessary for its operation pending their reimbursement. CHAPTER VI CLASSIFICATION OF THE ACTS OF THE UNION Article 16 : Classification of the Acts of the Union 1. The Convention shall be the basic Act of the Union. It shall supercede any other Act of the Union. 2. The Detailed Regulations shall ensure the application of the Convention and shall be subordinate to it. 3. All the other Acts of the Union shall be consistent with the Convention and its Detailed Regulations. CHAPTER VII COOPERATION Article 17 : Cooperation with national and international bodies 1. With a view to promoting the improvement, harmonization and development of African postal services, the Union shall maintain privileged relations with the Universal Postal Union. 13

15 2. It shall collaborate with the Restricted Postal Unions and other national and international bodies whose interests and activities are related to postal services. Article 18 : Relations with other countries In the interest of the Union, relations of cooperation may be established with other countries, subject to the assent or approval of the Council or the Conference. Article 19 : Agreements Agreements may, whenever necessary, be concluded between the Union and national and international bodies and states. Article 20 : Cooperation among Member-States of the Union Member-States shall promote among themselves cooperation of all kinds in the postal field. CHAPTER VIII LEGAL STATUS OF THE UNION Article 21 : Relation between the Union and the Organization of African Union (OAU) As a Specialized Agency of the organization of African Unity in the postal field, the Union shall enjoy privileged relations with the OAU. To this end, the Union and the OAU shall conclude an agreement. 14

16 Article 22 : Juridical Personality of the Union The Union shall be a body corporate in public international law. It shall have the right to enter into any legal contracts. Article 23 : Privileges and Immunities The Union shall enjoy the status accorded to international Organizations, privileges and Immunities in the additional Protocol to the OAU General Convention on Immunities and Privileges, concerning the granting of immunities and privileges, including the issue of Laissez-passer to the officials of the OAU Specialized Agencies. Article 24 : Headquarters Agreement The Secretary-General shall conclude a Headquarters Agreement with the government of the host-country of the Union. CHAPTER IX RIGHTS AND OBLIGATIONS OF MEMBER-STATES OF THE UNION Article 25 : Commitment of Member-State All Member-States shall undertake to respect the provisions of the present Convention. They shall enjoy equal rights and have equal duties. Article 26 : Voting Rights 1. Each Member-State shall have one vote at the Union meetings. 15

17 2. Any Member-States whose contributions to the Union are in arrears for the two consecutive years shall forfeit its right to vote in accordance with the present convention. Article 27 : Settlement of Disputes Any dispute arising from the interpretation or application of this Convention or its Detailed Regulations shall be settled amicably or submitted to mediation or arbitration. Article 28 : Denunciation of the Convention 1. Any Member-State of the Union may denounce the present Convention by notification addressed to the Secretary-General by diplomatic channels and through the Government of the host country of the Union. The Secretary- General shall notify the other Member-States accordingly. 2. This denunciation shall become operative one year after the date of the receipt of the notification by the Secretary-General. CHAPTER X SIGNATURE, RATIFICATION AND ACCESSION Article 29 : Signature of the Convention 1. The Plenipotentiary shall sign the present Convention in three copies of the working languages of the Union, all texts being equally authentic. 2. A copy shall be deposited with the Government of the host-country of the Union. The two other shall be deposited respectively with the General Secretariat of the Union and the General Secretariat of the OAU. 3. A certified copy conforming to each text shall be forwarded to each of the signatory Member-States by the Secretary-General of the Union. 16

18 Article 30 : Ratification of the Convention The present Convention shall be ratified by each of the Signatory Governments. The ratification instruments shall be deposited with the Secretary-General by diplomatic channels through the Government of the host-country of the Union and the Secretary- General shall notify the other Member-States accordingly. Article 31 : Accession to the Convention Any Member-States of the OAU that has not signed this Convention may accede to it. The instrument of accession shall be deposited with the Secretary-General of the Union by diplomatic channels through the Government of the host-country of the Union. It shall enter into force on the date it is deposited, unless otherwise stipulated. The Secretary-General shall notify Member-States of such accession and forward to each of them a certified copy of the instrument. CHAPTER XI FINAL PROVISION Article 32 : Suspension of a Member-States 1. The Conference may decide by a two-third majority of votes cast to suspend a member state that: a) practices a policy contrary to the objectives and principles of the Union; b) for three consecutive years does not honour its financial obligations to the Union; 17

19 c) does not respect the decisions of the Conference which are binding upon Member-States. 2. The Conference may, by a two-thirds majority of votes cast, revoke the suspension of a Member-States. 3. The suspension of a Member-States shall not exempt the member concerned from fulfilling its financial obligations during the period of suspension. 4. The suspension of a Member-States for non-payment of contributions shall seize immediately after payment of all its financial obligations to the Union. Article 33 : Amendments 1. Any Member-State may submit a written amendment proposal of the Convention to the Secretary-General who shall communicate it to all Member-States. 2. Member-States shall have at least six months to study the proposal before it is submitted to the Conference for consideration. 3. Amendments shall be considered adopted with immediate effect when approved by two-thirds majority of the Member-States present and voting at a session of the Conference. Article 34 : Detailed Regulations of the Convention The Plenipotentiaries shall adopt Detailed Regulations to ensure the application of this Convention and the operation of the Organs of the Union. Article 35 : Rules of Procedure The Conference shall adopt its Rules of Procedure. The other organs of the Union shall adopt their own Rules of Procedure if they deem it necessary. 18

20 Article 36 : Entry into force This present Convention shall enter into force six months after its approval by the Plenipotentiaries. DETAILED REGULATIONS OF THE CONVENTION DETAILED REGULATIONS OF THE CONVENTION TABLE OF CONTENTS PREAMBLE CHAPTER I : PLENIPOTENTIARY CONFERENCE Article : 1. Representation at Conference 2. Functions of the Conference 19

21 CHAPTER II : ADMINISTRATIVE COUNCIL 3. Composition of the Administrative Council 4. Representation at the Council 5. Functions of the Administrative Council 6. Vacant seat on the Council 7. Re-election of Members of the Council CHAPTER III : GENERAL SECRETARIAT 8. Special Provisions 9. Functions of the Secretary-General 10. Emergency consultations 11. Procedure for the election of the Secretary-General and Assistant Secretary-General 12. Status of Staff of the General Secretariat 13. Vacancies in the General Secretariat CHAPTER IV : ADMINISTRATIVE AND TECHNICAL COMMITTEES 14. Composition 15. Responsibilities 16. Implementation of the studies CHAPTER V : FINANCES OF THE UNION 17. Payment of contributions 18. Currency of the Union 19. Financial year of the Union 20

22 20. Budgets of the Union 21. Financial Regulations CHAPTER VI : GENERAL RULES 22. Powers of Delegations to Conferences and Meetings of the Union 23. Seating Order 24. Quorum 25. Observers 26. Venue of meetings of the Union 27. Settlement of disputes CHAPTER VII : FINAL PROVISIONS 28. Entry into force of the Detailed Regulations 29. Relation between the Convention and the Detailed Regulations 30. Amendments DETAILED REGULATIONS OF THE CONVENTION PREAMBLE The Plenipotentiaries of Governments of the Member-States of the Pan African Postal Union, - having regard to Article 34 of the Convention of the Pan African Postal Union; - have by common consent, adopted the Detailed Regulations to ensure the application of the Convention and the functioning of the Union. 21

23 CHAPTER I PLENIPOTENTIARY CONFERENCE Article I : Representation at the Conference The Government of each member state shall be represented in the Plenipotentiary Conference by a delegation led by the Minister responsible for postal services or by any other high-ranking official designated by that member state. Article 2 : Functions of the Conference The functions of the Conference shall be : 1. to revise the Convention and its Detailed Regulations if necessary; 2. to determine the general policy which the Union shall follow in order to achieve the objectives laid down in Article 5 of the Convention; 3. to examine and approve the programme of activities and accounts of the Union and determine the ceiling or budgets for the quadrennial period; 4. to determine the scale of assessment of the Member-States; 5. to establish the structure of the General Secretariat, elect the Secretary-General and Assistant Secretary-General of the Union and determine their salaries, allowances and other conditions of service; 6. to establish such subordinate bodies as it may deem necessary for the purpose of achieving the objectives of the Union and prescribe to such bodies, rules for the conduct of their activities; 22

24 7. to approve the financial and administrative regulations and any other rules governing the activities of the Union; 8. to approve provisional agreements concluded between the Union and other African and International Organizations and countries; 9. to adopt, at the conclusion of each session, a report addressed to all Member- States as well as the Organization of African Unity (OAU); 10. to consider the reports of Activities of the Administrative Council and the Secretary-General of the Union since the last session of the Conference. 11. to elect the members of the Administrative Council. CHAPTER II ADMINISTRATIVE COUNCIL Article 3 : Composition of the Administrative Council 1. The Administrative Council shall consist of sixteen Member-States. Fifteen of its members are elected by the Conference. The sixteenth member shall be the host country of the Union. 2. The fifteen elective members of the Administrative Council shall be distributed among the regions as follows: a) Five for the Western Region; b) Three for the Eastern Region; c) Three for the Central Region; d) Two for the Northern Region; e) Two for the Southern Region. 23

25 3. The Member-State which acts as Chairman of the Conference shall be entitled to one of its region s seat if it expresses the desire before the election. Article 4 : Representation at the Council The person designated by a Member-State to serve on the Council shall as far as possible, be a senior officer of its Postal Administration. Article 5 : Functions of the Administrative Council The Administrative Council shall 1. direct, control and coordinate financial, administrative and technical activities of the Union; 2. adopt the annual programme of activities and budget of the Union; 3. assess each year the annual contribution of each Member-State to the budget of the Union; 4. fix the basic salaries, allowances and other conditions of service for all the officers of the Union with the exception of the Secretary-General and the Assistant Secretary-General; 5. adopt the annual management report and audited accounts of the Union presented by the Secretary-General; 6. supervise the negotiation of provisional agreements with other organization whose activities relate to those of the Union, and submit them for the approval of the Conference; 24

26 7. submit to the Conference proposals concerning the rules governing the financial, administrative and technical activities of the Union; 8. submit to the Conference proposals concerning the rules governing the financial, administrative and technical activities of the Union; 9. prepare the provisional agenda of the session of the Conference; 10. establish such subordinate bodies as it may deem necessary for the purpose of achieving the objectives of the Union and prescribe to such bodies, rules for the conduct of their activities. Article 6 : Vacant Seat on the Council 1. A seat of the Council shall be considered vacant when a Member-state is not represented at two consecutive sessions of the Council or when it resigns from the Council or denounces its membership of the Union. 2. When a seat on the Council becomes vacant, the affected region shall designate another Member-State to serve on the Council for its remaining term of office. Article 7 : Re-election of the Members of the Council The Member-States of the Council shall be eligible for re-election. As far as possible, no Member-State shall be elected by three successive Conferences. CHAPTER III GENERAL SECRETARIAT Article 8 : Special Provisions 25

27 1. The Secretary-General shall be the legal representative of the Union. 2. The Secretary-General and the Assistant Secretary-General shall assume office at a date fixed at the time of their elections. 3. The Secretary-General and the Assistant Secretary-General shall be assisted by Heads of Departments. 4. The profiles of candidates for the posts of the Secretary-General and the Assistant Secretary-General as well as those of the members of staff shall be specified in the Staff Regulations. 5. The organization and working relations of the General Secretariat shall be defined in accordance with the Convention and the present Detailed Regulations. Article 9 : Functions of the Secretary-General The Secretary-General shall: 1. ensure the achievement of the objectives of the Union as defined in Article 5 of the Convention; 2. prepare the convening of all meetings of the Union and provide the Secretariat services; 3. be responsible for all the documents and archives of the Union; 4. prepare the draft programme of activities and budget of the Union for the quadrennial period and submit them for the approval of the Conference; 26

28 5. prepare the annual draft programme of activities and budget of the Union and submit them for the approval of the Council; 6. present for the approval of the Council, audited accounts of the Union for the preceding year; 7. attend all meetings of the Conference and the Council; 8. attend or be represented at the Administrative and Technical Committees meetings and seminar of the Union; 9. attend or be represented whenever possible at meetings and Conferences to which the Union is invited; 10. appoint the other staff of the Secretariat after consultation with the Council; 11. inform Member-States of any accessions to, or denunciation of the Convention; 12. if he deems it necessary and subject to the approval of the Council, engage experts for specific studies; 13. publish periodically a magazine consisting of articles in the field of postal services; 14. ensure the implementation of the decisions of the Conference and of the Council; 15. take, together with Member-States the necessary measures for the implementation of the various programmes approved by the Union; 16. present to the Plenipotentiary Conference a report on the activities of the General Secretariat since the previous Plenipotentiary Conference.; 27

29 17. present to the Administrative Council an annual report on the activities of the general secretariat between the two sessions. 18. negotiate under the supervision of the Council provisional agreements with other organizations; 19. perform any other duties that may be entrusted to him by the Conference and the Council. Article 10 : Emergency Consultation Between two sessions of the Council, the Secretary-General may, when he deems it necessary, consult Member-States of the Council about one or several urgent problems for decision. In such a case, the decisions shall be taken by simple majority on the basis of replies which Member-States shall communicate to the Secretary-General by telegram, provided that such decisions shall not have financial implications exceeding the limits of the budget for the current financial year. Any decision taken through this method shall be tabled formally at the next meeting of the Council. Article 11 : Procedure for the election of the Secretary-General and the Assistant Secretary-General 1. Voting concerning the election of the Secretary-General and the Assistant Secretary-General shall be by secret ballot, by roll-call in the alphabetical order of the Member-States present and voting. 2. The first election shall be for the post of the Secretary-General and the second one could be for the post of Assistant Secretary-General 3. The Chairman of the Conference nominates three scrutineers and takes the necessary measures to ensure the secrecy of the vote. 28

30 4. Each delegation shall receive at each ballot a paper bearing the names of all contesting in alphabetical order. 5. Each delegation shall indicate on its ballot paper the candidate of its choice, by placing an X beside the name of the candidate. 6. Abstentions, blank or invalid allot papers are not considered in the calculation of the required majority. 7. The candidate who obtains the two-thirds majority of votes of the Member-States present and voting shall be declared elected. 8. If in the first ballot, no candidate is elected in conformity with paragraph 7 above, a second ballot and if necessary a third ballot shall be organized. After each ballot the candidate who obtains the least votes shall be eliminated as long as there are more than two contesting candidates. 9. If after the third ballot, no candidate obtains the required two-thirds majority, a fourth and last ballot shall be held. On the assumption that there are more than two contesting candidates, only the two candidates with more votes at the third ballot shall stand for election in this fourth ballot. In case of a tie, an exclusive ballot shall be organized to decide between the candidates with equal vote in order to have only two contesting candidates for the fourth and last ballot. 10. During this fourth and last ballot, the candidate with the simple majority of votes shall be declared elected. 29

31 11. In case of a tie after the fourth ballot, the Chairman shall draw lots to determine the candidate to be declared elected. 12. No delegation shall interrupt a ballot which has already started except to express a point of order on the manner in which the voting is being held. Article 12 : Status of Staff of the General Secretariat 1. In the performance of their duties, the Secretary-General, the Assistant Secretary-General, Heads of Departments and all personnel of the Union shall neither solicit nor accept any others from any government or authority foreign to the Union. They shall abstain from any action incompatible with the aims and objectives of their duties. 2. The Secretary-General, the Assistant Secretary-General and staff of the General Secretariat shall in no way be involved in any postal service undertakings or companies. 3. A staff Regulations defines the conditions of service of the staff of the General Secretariat. Article 13 : Vacancies in the General Secretariat 1. In the event of: a) the post of the Secretary-General falling vacant, the Assistant Secretary- General shall act as Secretary-General until the next session of the conference; b) the post of Assistant Secretary-General falling vacant, the Secretary-General shall designate, subject to the approval of the Council, one of the Heads of 30

32 Departments to act as Assistant Secretary-General until the next session of the Conference; c) the posts of the Secretary-General and Assistant Secretary-General falling vacant simultaneously the most senior Head of Department shall provisionally exercise the functions of Secretary-General and the Head of Department next in seniority shall exercise the functions of Assistant Secretary-General. An extraordinary session of the conference shall be convened within six months to elect the Secretary-General and Assistant Secretary-General. 2. Six months before each ordinary session of the Conference, the General Secretariat shall send out calls for applications for the posts of the Secretary- General and the Assistant Secretary-General of the Union to all Member-States to invite them to submit applications of their nationals within a time-limit of 3 months from the date of the publication of the vacancies. 3. All applications received by the General Secretariat for the post of Secretary- General and Assistant Secretary-General shall be communicated to all the Member-States for information, two months before the Conference is held. 4. The following criteria shall as far as possible, be considered during the elections of Secretary-General and Assistant Secretary-General of the Union: a) competence b) linguistic considerations c) equitable geographical distribution among the regions of Africa. CHAPTER IV ADMINISTRATIVE AND TECHNICAL COMMITTEES Article 14 : Composition 31

33 The Administrative and Technical Committees shall consist of Postal Experts and other Experts whose skills may be required. They shall be established by the Conference or the Council for a specific task. The Experts shall be appointed from all or some of the Member-States of the Union. Article 15 : Responsibilities The Administrative and Technical Committees shall study organs of the Union entrusted with the task of advising and making recommendations on all issues which are beneficial to the Union. Article 16 : Implementation of the studies 1. The Conference or the Council shall define the terms of reference of the studies entrusted to these Committees and determine the conditions of their implementation. 2. The results of the studies carried out by the Administrative and Technical Committees shall be submitted to the Conference or the Council for adoption before their implementation. CHAPTER V FINANCES OF THE UNION Article 17 : Payment of Contributions 1. Member-States shall pay in advance their annual contributions calculated on the basis of the budget approved by the Council. 2. Any Member-States whose contributions to the Union are in arrears for two consecutive years shall forfeit its right to vote. 32

34 Article 18 : Currency of the Union The accounts of the Union shall be kept in a convertible currency specified by the Council. Article 19 : Financial year of the Union The Financial Year shall commence on 1 st June and end on 31 st May of the following year. Article 20 : Budgets of the Union 1. The Conference shall fix the annual budget ceilings of the Union for the quadrennial period. 2. The Secretary-General may within the limits of ceilings fixed for the quadrennial period readjust the draft annual budgets of the Union to be submitted for the approval of the Council. Article 21 : Financial Regulations The Financial Regulations define all additional provisions applicable to the Finance of the Union. CHAPTER VI GENERAL RULES Article 22 : Powers of Delegations 1. The delegation sent by a Member-States to meetings of the Union shall be accredited in accordance with the following provisions: 33

35 a) for the Conference Sessions, by letter of accreditation signed by the Head of State or Prime Minister or the Minister of Foreign Affairs; b) for all other meetings of the Union, the delegations must be duly authorized. 2. The instruments of accreditation shall be deposited at the opening of the meeting with the authority designated to that effect. 3. The instruments of accreditation shall confer on delegations the full powers and where necessary, the right to sign the final instruments. 4. For each session of the Plenipotentiary Conference or Administrative Council, the Government of each Member-State shall communicate in advance, to the Secretary-General of the Union, the names of the Members of its delegation. Article 23 : Seating Order The delegations shall be seated in the alphabetical order of the names of their countries. Article 24 : Quorum For the sessions of the Plenipotentiary Conference and the Council, the quorum shall be made up of two-thirds of the Member-States of these organs of the Union. Where the two thirds give a decimal figure, it shall be rounded up to the following nearest whole number. Article 25 : Observers 1. The Union shall invite to the meetings of its organs as observers, the OAU, UPU, Restricted Postal Unions as well as African and International Organizations whose activities relate to postal services. 34

36 2. A Non-Member State of the Administrative council shall, at its request, participate without the right to vote in the deliberations of the Council. Article 26 : Venue of meetings of the Union The sessions of the Plenipotentiary Conference and the Administrative Council shall be held at the seat of the Union unless a Member-State invites the conference or council to meet on its territory. In which event, the inviting country shall provide the Union with the necessary assistance for the proper organization of the meeting. Article 27 : Settlement of Disputes 1. Any dispute arising from the interpretation or application of the Convention or its regulations shall be submitted to the General Secretariat with a view to an amicable settlement. 2. Should this attempt for an amicable settlement fail, the Secretary-General shall submit the dispute to the mediation of a Member-State which is not a party to the dispute and which shall be accepted by the two parties to the dispute. 3. In the event that the mediation fails, the dispute shall be submitted to an arbitration tribunal on the initiative of one of the parties to the dispute or of the Secretary-General of the Union. The Arbitration Tribunal shall consist of three Member-States which shall be nominated as follows: a) two arbitrators, one nominated by each of the parties; b) a third arbitrator nominated by common agreement by the arbitrators chosen by the parties, shall be called upon to preside over the Arbitration Tribunal. This third arbitrator shall be a member of the Union not implicated in the dispute. 35

37 4. In the event that two arbitrators fail to agree on the choice of a third arbitrator, each arbitrator shall propose a third arbitrator with no interest in the dispute. The Secretary-General of the Union shall then proceed to draw lots to designate the third arbitrator. 5. The decision of the Arbitration Tribunal shall be binding on the parties to the dispute. 6. Any dispute implicating the General Secretariat shall be submitted to the council. 7. The foregoing provisions shall be without prejudice to the choice of any other mode of settlement that the parties concerned may jointly decided upon in keeping with the spirit of the Convention. CHAPTER VII FINAL PROVISIONS Article 28 : Entry into force of the Detailed Regulations The Detailed Regulations shall enter into force six months after it has been adopted by a two-third majority of the Conference Members present and voting. Article 29 : Relation between the Convention and the Detailed Regulations The present Detailed Regulations shall be subordinate to the Convention. For all its provisions which are not in conformity with the Convention, the Convention shall prevail. Article 30 : Amendments 36

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