AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www.africa-union.org Second Ordinary Session of the African Union Commission on International Law (AUCIL) 8 17 December 2010 Addis Ababa, Ethiopia AUCIL/Legal/Rpt (II) Rev. 1 Original: English Report of The Second Ordinary Session of The African Union Commission On International Law I. INTRODUCTION 1. The Second Ordinary Session of the African Union Commission on International Law (AUCIL) was held at the Headquarters of the African Union Commission in Addis Ababa, Ethiopia from 8 to 17 December 2010. II. ATTENDANCE 2. The following Members of the AUCIL attended the Second Ordinary Session and their names appear hereunder as follows: 1. Mr. Blaise TCHIKAYA Congo 2. Mr. Atanazio Kayafa TEMBO Malawi 3. Ms. Lilian Bokeeye MAHIRI-ZAJA Kenya 4. Mr. Rafaa Ben ACHOUR Tunisia 5. Mr. Minelik Alemu GETAHUN Ethiopia 6. Mr. Adelardus KILANGI Tanzania 7. Mr. Kholisani SOLO Botswana 8. Mr. Ebenezer APPREKU Ghana 9. Mr. Chiekh Tidiane THIAM Senegal 3. The following Member of the AUCIL was absent with apologies: Mr. Kamel FILALI Algeria 4. The following Member of AUCIL has resigned his position: Mr. Nkurunziza DONTIEN Burundi 5. The Office of the Legal Counsel which acts as the Secretariat of AUCIL was represented by the following officers during the session: 1. Mr. Mourad Ben DHIAB Senior Legal Officer 2. Mr. Adewale IYANDA Legal Officer 3. Mr. Bright MANDO Legal Officer 4. Ms. Lulit GETACHEW Legal Intern AUCIL Yearbook AUCIL/Legal/Rpt (II) Rev. 1 29
III. OPENING OF THE MEETING Opening Remarks by Mr. Blaise Tchikaya, Chairperson of the African Union Commission on International Law (AUCIL) 6. In his opening remarks, the Chairperson, Mr. Blaise Tchikaya, welcomed the Members to the Second Ordinary Session of AUCIL in Addis Ababa, Ethiopia. He informed members that he was in receipt of letter of resignation Mr. Nkurunziza Donatien. In accordance with the Statutes of AUCIL, the Chairperson indicated that he had informed the Chairperson of the AU Commission in order for the process of his replacement to commence. 7. Mr. Tchikaya also took the opportunity to congratulate some Members on their promotions or appointment to higher offices in their respective countries. 8. In his conclusion, the Chairperson thanked the Members for attending the Second Ordinary Session and wished the Members successful and fruitful deliberations. IV. CONSIDERATION AND ADOPTION OF THE DRAFT AGENDA 9. The Members adopted the following Agenda: 1. Opening Ceremony 2. Consideration and Adoption of the Draft Agenda 3. Organization of Work 4. Presentation of the Inter-Sessional Activities of the Bureau 5. Presentation on the Budget and Accounts of the AUCIL 6. Consideration and Adoption of the Report of the First Extra-Ordinary Session 7. Presentation by the UNHCR Representative to AU and ECA 8. Finalization of Emoluments for Members of AUCIL 9. Presentation and Consideration of the Preliminary Report of the Special Rapporteur on the Harmonization of Ratification Procedures in AU Member States 10. Presentation and Consideration of the Preliminary Report of the Special Rapporteur on the Development of a Model law on Universal Jurisdiction 11. Finalization of the Provisional Rules of Procedure 12. Appointment of a Special Rapporteurs 13. Consideration of a proposal on a Resource Mobilization Strategy to support AUCIL programs; 14. Presentation by the Special Representative of the Chairperson on the Hissene Habre case 15. IT equipments (laptop computers) for AUCIL members 16. Presentation by the Website Administrator on the AUCIL Website 17. Discussions and elaboration of future programmes for AUCIL 18. Development and preparation of the 2010 AUCIL yearbook 19. Consideration and adoption of the Report of the Second Ordinary Session 20. Date and Venue of the Third Ordinary Session 21. Any Other Business 22. Closing Ceremony V. ORGANIZATION OF WORK 10. The Members adopted the following working hours: Morning: 09h30 13h00 Afternoon: 14h30 17h00. VI. PRESENTATION OF INTER-SESSIONAL ACTIVITIES OF THE BUREAU MR. BLAISE TCHIKAYA, CHAIRPERSON, AUCIL 11. The Chairperson of the AUCIL, Mr. Blaise Tchikaya presented a brief report on the inter-sessional activities of the Bureau covering the period July to November 2010 on the following activities: Summit Sessions 19 to 27 July 2010, Kampala, Uganda; 30 AUCIL Yearbook 2013
Exploratory Mission to Brazzaville, Congo on the Hosting of the Third Ordinary Session of AUCIL 29 To 4 August 2010; Validation Workshops on the Review of Protocols on the African Court of Justice and Human Rights (ACJHR) and the Pan African Parliament (PAP) 9 To 13 August 2010 Midrand, South Africa; Follow-up Validation Workshops on the Review of Protocols on the African Court of Justice and Human Rights (ACJHR) and the Pan African Parliament (PAP) 8 TO 12 November 2010 Midrand, South Africa; Meeting of the Expanded Bureau with the Chief Executive, Sector For Social and Human Sciences/ African Department Of UNESCO Paris, France 1 October 2010; Meeting of the PRC Sub-Committee on Administrative, Budgetary and Financial Matters; Letter from the Chairperson of AUCIL To The Chairperson of The AU Commission; and Interview Granted by the Chairperson of AUCIL on YOUTUBE on the activities of the Commission. 12. The Inter-sessional report of the AUCIL Bureau is herewith attached. VII. PRESENTATION ON THE BUDGET AND ACCOUNTS OF THE AUCIL 13. Mr. Adewale Iyanda, Legal Officer presented the budget and current state of AUCIL accounts for 2010. He informed the Members that following the adoption of the Supplementary Budget by the PRC Sub-Committee on Administrative, Budgetary and Financial Matters, the status of AUCIL funds were as follows: S/N Project Amount Donor 1. Codification of African Law $120,000 GTZ/Germany 2. Capacity Building for AUCIL $287,000 European Union 14. He further informed the Members that the funds were only available for use in 2010 as it was approved specifically approved to cater for the shortfall in the annual budget. However, he indicated that while the funds from the European Union had already been released, the GTZ funds were yet to be transferred into the Commission s account. 15. In his contribution, the Vice-Chairperson, Mr. Atanazio Tembo, who defended the Supplementary Budget request of AUCIL before the PRC Sub-Committee on Administrative, Budgetary and Financial Matters informed the Members that the budget was approved because the funds were sourced from external sources. VIII. CONSIDERATION AND ADOPITION OF THE REPORT OF THE FIRST EXTRA-ORDINARY SESSION 16. The Commission adopted the Report of the First-Extra Ordinary Session with amendments as annexed hereto. IX. PRESENATION BY THE UNHCR REPRESENTATIVE TO AU AND ECA 17. Mr. Chrysantus Ache, UNHCR representative to UN and ECA, briefed the Bureau on the work done by the UNHCR on Internally Displaced Persons (IDPs) in collaboration with the African Union Commission and other partners. He noted the issue of IDPs is of grave concern and that there is need for a concerted effort by AU member states to sign and ratify IDP Convention. He also suggested collaboration with the AUCIL to support the development a plan of action to assist AU Member States in ratifying the IDP Convention. 18. At the end of his presentation, the Commission and UNHCR agreed to further discuss the following areas of possible cooperation between their two institutions: promotion and advocacy by the AUCIL on the speedy signature, ratification and domestication of the Kampala Convention; AUCIL Yearbook AUCIL/Legal/Rpt (II) Rev. 1 31
Development of a Ratification kit to promote the speedy ratification of the Kampala Convention and to ensure that ratification and accessions are effected within the context of national laws; Research, development and adoption of strategies to harmonize Ratification procedures in the continent with the aim of speeding up the process; Development of a Model Legislation (model law) on the Protection and Assistance of Internally Displaced Persons in Africa by the AUCIL in collaboration with other partners of the African Union; Development of teaching, study and dissemination of international law in Africa, with particular focus on International Laws related to forced displacement matters. X. FINALIZATION OF EMOLUMENTS FOR MEMBERS OF AUCIL 19. The members considered and finalized the Proposal on Emoluments and Allowances for Members of AUCIL as annexed hereto for consideration and adoption by the Policy Organs during the Summit Sessions in January 2011 in Addis Ababa, Ethiopia. XI. PRESENTATION AND CONSIDERATION OF THE PRELIMINARY REPORT OF THE SPECIAL RAPPORTEUR ON THE HARMONIZATION OF RATIFICATION PRODUCERS IN AU MEMBER STATES 20. Mr. Rafaa Ben Achour presented his Preliminary Report on the Ratification of OAU/AU Treaties and How to Harmonise Ratification Procedures with a View to Speeding-up the Process as annexed hereto. He highlighted some his findings and recommendations which he said was in line with the Study Report conducted by the AU Commission on the same subject matter. 21. After presenting his report, the Commission made the following recommendations: The report should be revised; and The revised report should be resubmitted at its next Session taking into account the observations of Members. XII. PRESENTATION AND CONSIDERATION OF THE REPORT OF THE SPECAIL RAPPORTEUR ON IMMUNITY OF STATES OFFICALS UNDER THE STATUE OF THE ONTERNATIONAL CRIMINAL COURT 22. Mr. Adelardus Kilangi presented his Preliminary Report on the Immunity of State Officials under the Rome Statute of the International Criminal Court. He indicated that in preparing his preliminary report he took into the need to adequately reflect on the issue of immunity of state officials under the Rome Statute of the ICC including the traditional doctrine of immunity in international law as well as the development of international criminal law and Ad hoc international Criminal jurisdiction. 23. Mr. Kilangi indicated that the topic requires further study and discussions particularly on the principles of international law and recommended that as part of AUCIL s mandate to undertake studies, there was need to take advantage of the ongoing debates within the framework of Assembly of State Parties of the ICC. 24. In his conclusion, he indicated that based on the broad nature of the topic he recommends that the topic is changed to Implementation of the obligations under the Rome Statute of the International Criminal Court as well as the possibility of developing a draft model law on implementation of the Rome Statute. 25. After observations by Members, the Commission made the following recommendation: The revised report should be resubmitted at its next Session taking into account the observations of Members. XIII. FINALIZATION OF THE PROVISIONAL RULES OF PROCEDURE 26. The commission discussed the Provisional Rules of Procedure of AUCIL and made amendments as annexed hereto. 32 AUCIL Yearbook 2013
XIV. APPOINTEMENT OF THE SPECIAL RAPPORTEURS 27. The Commission appointed the following the Special Rapporteurs to work on the following activities identified by AUCIL in its work programme for 2011: NO TOPIC NAME 1 Study and Recommendations on Teaching, Study and Dissemination of International Law and African Mr. Atanazio K. TEMBO Union Law 2 Study and Recommendations on International Environmental Law in Africa Mr. Minelik GETAHUN 3 Study and Recommendations on Piracy in Africa Mrs. Lilian B. MAHIRI-ZAJ 4 Study and Recommendations on Delimitation and Demarcation of Boundaries in Africa Mr. Cheikh T. THIAM 5 Study and Recommendations on Working methods, Competences, Future programs of work and Mr. Kolisani SOLO Strengthening the Capacities of AUCIL XV. CONSIDERATION OF PROPOSAL ON RESOURCE MOBLIZATION STRATEGY TO SUPPORT AUCIL PROGRAMS 28. The Commission decided that the Office of the Legal Counsel (OLC) should elaborate a draft resource mobilization strategy for consideration at its next Session. XVI. EQUIPMENTS (LAPTOP COMPUTERS) FOR AUCIL MEMBERS 29. The Members were informed by the Secretariat that as there were no funds in the 2010 budget to procure laptops for AUCIL Members, the item had already been included in the 2011 budget proposals. XVII. PRESENTATION BY THE SPECIAL REPRESENTATIVE OF THE CHAIRPERSON ON THE HISSENE HABRE CASE 30. Mr. Robert Dossou, the Special representative of the Chairperson on the Hissene Habre trial briefed members of the Commission on the current state of affairs particularly regarding the successful organization of the Donors Roundtable and the implications of the ECOWAS decision on the jurisdiction of Senegal to try Hissene Habre. XVIII. PRESENTATION BY THE AU COMMISSION S WEBSITE ADMINISTRATOR ON THE STATUS OF THE AUCIL WEBSITE 31. The AU Website Administrator made a PowerPoint presentation of the draft template of the AUCIL website and briefly discussed in detail the following items to be included in the website: i) AU logo; ii) imembers with profile; iii) AUCIL news and events; iv) Reports of AUCIL meetings; v) Social networking tools; vi) Publications and speeches; vii) Multimedia gallery; viii) Opinion polls; and ix) AUCIL newsletter and/or other publications. 32. The Members expressed appreciation for the work done so far and appointed Mrs. Lillian Mahiri- Zaja, General Rapporteur to act as focal point and liaise with the Website Administrator to ensure that all the recommendations of the Commission are incorporated into the website. XIX. DISCUSSIONS AND ELABORATION OF FUTURE PROGRAMMES FOR AUCIL 33. The Commission appointed Mr. Kholisani Solo to elaborate a comprehensive and detailed proposal for future programmes including the working methods, competences, future programs and AUCIL Yearbook AUCIL/Legal/Rpt (II) Rev. 1 33
capacity building programmes to be discussed during the next session which should also include proposals on modalities for conducting a visit to the United Nations International Law Commission. XX. DEVELOPMENT AND PREPARATION OF THE 2010 AUCIL YEARBOOK 34. The Commission decided to appoint the following Members to serve on the Working Group that will elaborate a draft proposal on the content of the proposed AUCIL Yearbook: i) Mr. Blaise TCHIKAYA; ii) Mr. Rafaa Ben ACHOUR; and iii) Mr. Cheikh Tidiane THIAM 35. The Commission also deliberated on possibility of publicizing some of its activities as envisaged under the Statute of AUCIL. In this regard, the commission decided to set up a working group entitled Working Group on Research Information and Publication to elaborate proposals and present recommendations at its next Session. The following Members were appointed to serve on the Working Group: i) Mr. Cheikh Tidiane THIAM ii) Mr. Minelik Alemu GETAHUN iii) Mr. Ebenezer APPREKU iv) Mr. Adelardus KILANGI XXI. CONSIDERATION AND ADOPTION OF THE REPORT OF THE SECOND ORDINARY SESSION 36. The Commission decided to adopt the Report of its Second Ordinary Session during the next Session in 2011. XXII. DATE AND VENUE OF THE THIRD ORDINARY SESSION 37. The Commission decided to hold its Third Ordinary Session from 14 to 25 March 2011 in Addis Ababa, Ethiopia. XXIII. ANY OTHER BUSINESS 38. Under any other business, the Director/Legal Counsel, Mr. Ben Kioko informed the meeting of the following: i) That While he was in New York for an ICC related meeting, he had the opportunity to meet Mr. Steven Matthews from the UN Office of Legal Affairs who expressed his willingness to assist in facilitating cooperation between the International Law Commission (ILC) and the AUCIL; and ii) He was having a high-level meeting with representatives of the US Attorney General s Office the next day and will be discussing possible areas of cooperation and support to the AUCIL programmes and activities; and iii) He also briefed the Commission about the meeting he attended in New York, at the UN concerning ICC and Hissene Habre. XXIV. CLOSING CEREMONY 39. In his closing remarks, the Chairperson thanked all Members for their contributions and for the spirit of cooperation that had enabled the Session to deliver on its mandate and wished all Members a safe journey back home. 34 AUCIL Yearbook 2013