DRAFT RULES OF PROCEDURE OF THE LABOUR MIGRATION ADVISORY COMMITTEE

Transcription

1 AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone Cables: OAU, Addis Ababa website : www. africa-union.org DRAFT RULES OF PROCEDURE OF THE LABOUR MIGRATION ADVISORY COMMITTEE

2 I. Establishment of the African Labour Migration Advisory Committee: 1. An African Labour Migration Advisory Committee of the LSAC hereinafter called `the Committee' is established to promote and protect the rights of migrant workers and members of their families. II. Mandate of the Committee a. Ensure the follow-up on the implementation, promotion and protection of the rights of migrant workers and members of their families enshrined in the appropriate AU and International Charters and protocols in order to progressively achieve the free movement of persons, and to ensure the enjoyment of the right of residence, the right of establishment and access to legal employment in host countries (Abuja Treaty, July 1991) b. Ensure and monitor the effective implementation of the AUC-ILO-IOM-ECA Joint Labour Migration Governance for Integration and Development; c. Facilitate harmonization of labour, social security and fiscal legal frameworks that promote and protect the rights of migrant workers between countries, in close collaboration with RECs; d. Commission inter disciplinary assessment on issues and challenges related to the rights of migrant workers and members of their families,; e. Facilitate effective communication on migrant workers rights, including through advocacy with media and Civil Society Organizations, on benefits of labour migration, and thus mitigate exagerated fears; f. Prepare recommendations to Member States and RECs on labour migration management policies and principles in view of improving policy frameworks and legal instruments at all levels, in close collaboration with the RECs; g. Receive and consider annual and ad hoc reports form the RECs; h. Receive and consider communication from international partners and Non State Organizations on the situation of migrant workers rights in Member States, and submit recommendations to the AU competent policy organs; i. Undertake consultation and cooperation with AU-ECOSOCC, the Pan African Parliament, the AUC-RECs annual coordination meetings, and other relevant AU organs. j. Cooperate with other African, International and Regional similar Institutions and organizations concerned with the promotion and protection of the rights and welfare of migrant workers and members of their families.

3 III.Composition of the Committee: 2. The Committee shall consist of twenty (20) members of high moral standing, integrity, impartiality and competence in matters of the rights migrant workers. 3. The Committee will consist of: One representative each of the Regional Economic Communities, A representative of the Pan African Parliament A representative of ECOSOCC A representative of the African Commission on Human and Peoples' Rights A representative of the African Committee of Experts on the Rights of Welfare of the Children One representatives of OATUU One representative of ITUC- Africa One representative of Business Africa One representative of the ILO, One representative of IOM One representative of ECA One representative of universities and research institutions Two representatives of the African Diaspora organizations (to be identified with CIDO) One representative of Women Cross Border Traders 4. The members of the Committee representing the RECs are designated by their Secretariat. 5. The representatives of the social partners are designated by ITUC-Africa, OATUU and Business Africa. 6. The name and the curriculum vitae of the designated representatives shall be transmitted to the AUC by the member organizations. 7. The AUC will be represented, as needed, by experts from, Human Resources, Economic Affairs, Political Affairs, Trade and Industry, Peace and Security and the CIDO. 8. The Committee can invite to its meetings representatives of relevant other UN Agencies and International Organizations, NGOs, CSOs and specialized agencies and institutions with labour migration/mobility expertise and competencies. IV. Terms of Office

4 9. The members of the Committee are designated for a term of five years and may not be re-designated 10. The African Union Commission shall convene the first meeting of Committee in the second semester of 2015, and thereafter the Committee shall be convened by its Chairman whenever necessary, at least once a year. V. Bureau The Bureau will consist of: o A Chairperson who is a representative of the RECs o A First Vice Chairperson, representing the workers o A Second Vice Chairperson representing the employers o A Rapporteur representing the AUC VI. Vacancy 11. If a member of the Committee vacates his office for any reason other than the normal expiration of a term, member organization shall designate another representative to serve for the remainder of the term. VII. Secretariat 12. The African Union Commission shall constitute the Secretary for the Committee. VIII. Functioning: 13. The Committee shall establish its own Rules of Procedure. 14. The Committee shall meet whenever necessary and at least every year. IX. Working languages: 15. The working languages of the Committee shall be official languages of the African Union. X. Reporting: 16. The President of the Committee is responsible for reporting on the activities of the Committee every two years to the Specialized Technical Committee on Social Development, Labour and Employment, and the Specialized Technical Committee on Refugees, Migration that shall make decisions for endorsement by the AU Executive Council and the Assembly of Heads of States and Governments.

5 XI. Meetings of the Committee Ordinary session: 17. The Committee will hold one ordinary session once every two years not exceeding one week. Ordinary sessions of the Committee are convened on dates decided by the Chairperson of the Committee in consultation with the African Union Commission Extraordinary sessions: 18. Extraordinary sessions of the Committee shall be convened by the Chairperson, if the Committee so decides or at the written request of a simple majority of the members of the Committee. The dates will be fixed in consultation with the AUC. Venue 19. The venue will be fixed by the Chairperson in consultation with the AUC Invitation and notification of dates of sessions 20. The AUC will invite the Members of the Committee and notify to them the dates, venue and subject of the sessions, at least 2 months before the ordinary sessions and 1 month before the extraordinary sessions. Provisional agenda for ordinary sessions Agenda 21. The provisional agenda for each ordinary session shall be prepared by the AUC in consultation with the Chairperson of the Committee. It shall include: (a) item decided upon by the Committee at a previous session; (b) item proposed by the Chairperson of the Committee; (c) item proposed by a member of the Committee; (d) item proposed by the Chairperson of the Commission (f) item proposed by the Policy Organs of the AU. Provisional agenda for extraordinary sessions 22. The provisional agenda for an extraordinary session of the Committee shall consist only of those items which were proposed for its consideration at the extraordinary session. Adoption of the Agenda 23. The first item on the provisional agenda for any session shall be, after the election of the officers, the adoption of the Agenda of the session on the basis of the provisional Agenda

6 Transmission of the provisional agenda and working documents 24. The AUC will transmit working documents of the meeting to the members of the Committee at least one month before the meeting takes place. Participation in the meetings 25. The members of the Committee shall be present in person and participate effectively during the whole period of the meeting. In the case of legitimate absence they shall inform the Chairperson of the Committee two weeks before the session. In any case, they shall not be absent for two consecutive sessions. In both cases of absence or failure to fully participate in the work of the Committee, the Committee may decide to bring this matter, through its Chairperson, to the Chairperson of the Commission who shall then declare the post vacant and take immediate action for replacement. Vacancy 26. In case of vacancy for any reason, the Chairperson of the Committee shall inform the Chairperson of the AUC for measures to be taken for the replacement of the member. Duties of the Chairperson 27. The Chairperson shall: a) Preside over all the proceedings of the Ordinary and Extraordinary sessions; b) open and close the sessions; c) submit for approval the records of the sessions; d) guide the proceedings; e) rule on points of order. 28. The Chairperson shall ensure order and decorum during the proceedings of the sessions. 29. In the absence of the Chairperson or in case of a vacancy, the vice-chairpersons in order of their election shall act as the Chairperson. 30. The Chairperson shall attend the sessions of the Executive Council and can be invited to take part in the annual meeting of the Bureaus of the STC on Social development, labour and Employment. Time limitation 31. The Chairperson may limit the time allowed to each speaker on any question. When debate is limited and a speaker exceeds his/her allotted time, the Chairperson shall call him/her to order without delay. List of Speakers and Use of the Floor

7 32. The Chairperson shall, during the debate, grant the use of the floor in the order in which the speakers indicate their intention. 33. A member of the Committee or an invitee shall not have the floor without the consent of the Chairperson. 34. The Chairperson may, during the debate: a) read out the list of speakers and declare the list closed; b) call to order any speaker whose statement deviates from the issue under discussion; c) accord the right of reply to any member where in his/her opinion a statement made after the list is closed justifies the right of reply; and Submission of proposals 35. Unless otherwise decided by the Committee, substantive proposals, amendments and motions submitted by the members shall be introduced in writing and handed to the secretariat and their consideration shall, if so requested by any member, be deferred until the next session on the following day. Adoption of recommendations and decisions 36. The recommendations and decisions of the Committee shall be made by consensus. XII. Reports of the committee Reports to the Assembly of the Union 37. The Committee shall submit to the Assembly of the Union through the Executive Council, every two years, its reports on the activities. Other reports 38. The Committee may issue for general distribution other reports on its activities. The Committee may also issue reports for general distribution in order to highlight specific problems in the field of labour migration. 39. All the reports of the Committee shall be sent to the Secretariat of the Regional Economic Communities by the AUC. Summary records 40. Summary records of the meetings of the Committee shall be written in English and French. AUC shall also ensure verbatim recording of the sessions of the Committee.

8 XIII. Budget 41. The Committee submits its programme of work and budget to the Commission for the necessary provisions to support its work, according to AUC financial rules. XIV. Amendments 42. The Committee may propose amendments to these Rules.