On May 25, 1963, in the vibrant city of Addis Ababa, a pivotal moment in African history unfolded with the signing of the Charter of the Organization of African Unity (OAU). This foundational document, adopted on March 26, 1957, laid the groundwork for a continent striving for unity, self-determination, and collective progress.
The Preamble of the Charter eloquently captures the aspirations of Africa’s leaders. It affirms the fundamental right of self-determination for all peoples, recognizing that freedom, equality, justice, and dignity are essential for the legitimate hopes of the African people. The document highlights a shared responsibility to harness Africa’s rich natural resources and human potential for the continent’s overall development. Emphasizing the desire for brotherhood and unity among African peoples, it seeks to overcome racial and ethnic differences, fostering understanding and cooperation among African nations. The Charter also underscores the critical importance of peace and security for human progress and expresses a firm resolve to safeguard the hard-won independence, territorial integrity, and sovereignty of African states, while staunchly opposing all forms of neo-colonialism. Furthermore, it explicitly mentions the commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights as a bedrock for peace and cooperation among states.
Establishing a Continental Body
The signatory states officially established the “Organization of African Unity” (OAU). This organization’s geographical scope includes all countries on the African continent, Madagascar, and the surrounding islands. Significantly, any independent African state was granted the right to become a member of the OAU.
Core Objectives of the OAU
Article II of the Charter outlines the primary objectives of the OAU. These include strengthening the unity and solidarity of African states, and coordinating and intensifying the cooperation and efforts of African peoples to achieve a better life. The OAU was also committed to defending the sovereignty and territorial integrity of member states, and eradicating all forms of colonialism from the African continent. Additionally, it aimed to promote international cooperation, acknowledging the United Nations Charter and the Universal Declaration of Human Rights. To achieve these ambitious goals, member states pledged to coordinate and harmonize their general policies across various sectors, including political, diplomatic, economic, transport, communication, educational, cultural, health, sanitation, nutritional, scientific, technical, defense, and security matters.
Guiding Principles of Cooperation
Article III of the Charter lays out the fundamental principles that would guide the member states. These include the sovereign equality of all member states, and non-interference in the internal affairs of other states. The Charter mandates respect for the sovereignty, territorial integrity, and the inherent right to independent existence of each member state. It also emphasizes the peaceful settlement of disputes through negotiation, mediation, conciliation, or arbitration. A crucial principle was the unreserved condemnation of subversive activities, political assassination, and any acts of violence against neighboring states or any other state. The OAU also demonstrated a strong dedication to the total emancipation of African territories that remained dependent and affirmed a policy of non-alignment concerning all international blocs.
Rights and Duties of Membership
Under Articles V and VI, all member states were granted equal rights and obligations. Furthermore, all member states pledged to faithfully observe the principles and objectives outlined in Article III of the Charter.
The OAU’s Institutional Framework
To achieve its aims, the OAU established several principal institutions under Article VII. These included the Assembly of Heads of State and Government , the Council of Ministers , the General Secretariat , and the Commission of Mediation, Conciliation, and Arbitration.
The Assembly of Heads of State and Government
As the supreme organ of the OAU, the Assembly of Heads of State and Government held significant authority. It was responsible for coordinating and harmonizing the general policy of the organization on common issues affecting Africa. It also deliberated on the structure, functions, and operations of OAU specialized agencies established under the Charter. Composed of Heads of State and Government or their duly accredited representatives, the Assembly met at least once a year. Special sessions could be convened at the request of any member state, provided it was supported by two-thirds of the member states. Each member state held one vote , and all resolutions were adopted by a two-thirds majority of the member states. Procedural matters could be decided by a simple majority , and a quorum for any meeting required two-thirds of the member states. The Assembly also had the authority to set its own rules of procedure.
The Council of Ministers
The Council of Ministers was composed of Foreign Ministers or other ministers designated by member states. It considered any matter referred to it by the Assembly of Heads of State and Government and met at least twice a year. Similar to the Assembly, special sessions could be called at the request of any member state, supported by two-thirds of the member states. The Council of Ministers was responsible to the Assembly of Heads of State and Government. Its duties included preparing the meetings of the Assembly, implementing the decisions of the Assembly, and coordinating inter-African cooperation according to the Assembly’s directives and Article II (2) of the Charter. Each member state had one vote, and decisions were taken by a simple majority. A quorum for a Council meeting was two-thirds of its members. The Council of Ministers also had the authority to determine its own rules of procedure.
The General Secretariat
The OAU’s administrative functions were carried out by the General Secretariat. An Administrative Secretary-General was appointed by the Assembly of Heads of State and Government to lead the Secretariat. One or more Assistant Secretary-Generals were also appointed by the Assembly. The functions and conditions of service for the Secretary-General, Assistant Secretary-Generals, and other staff were determined by the Charter’s provisions and internal regulations approved by the Assembly. A key aspect of their role was their international civil servant status, meaning they were not to seek or receive instructions from any government or authority outside the Organization and were solely responsible to the OAU. Member states, in turn, undertook to respect this international character and avoid influencing their duties.
Peaceful Dispute Resolution: The Commission of Mediation, Conciliation, and Arbitration
A fundamental commitment of member states was to settle all disputes among themselves by peaceful means. To facilitate this, a Commission of Mediation, Conciliation, and Arbitration was established. Its membership, functions, and procedures were to be determined by a Protocol approved by the Assembly of Heads of State and Government, which would become an integral part of the Charter.
Specialized Commissions for Collaborative Development
The Assembly of Heads of State and Government was empowered to establish various specialized commissions as needed. These included an Economic and Social Commission, an Educational and Cultural Commission, a Health, Sanitation, and Nutrition Commission, a Defense Commission, and a Scientific, Technical, and Research Commission. The members of these commissions were the relevant ministers or other officials designated by the member states , and their functions were governed by the Charter and regulations approved by the Council of Ministers.
Funding the Vision: The OAU Budget
The annual budget for the OAU was prepared by the Administrative Secretary-General and approved by the Council of Ministers. All member states were obligated to contribute to this budget. Each member state’s contribution was not to exceed 20% of the total budget and was to be in proportion to its contribution to the United Nations. Member states also agreed to pay their annual contributions regularly.
Formalizing the Commitment: Signature and Ratification
The Charter allowed all independent African states to sign it. Signed states were then required to ratify the Charter in accordance with their respective constitutional procedures. The original instrument, ideally in African languages, English, and French, with all texts being equally authentic, was to be deposited with the Government of Ethiopia. The Ethiopian government was also responsible for transmitting certified copies to all independent African states and notifying signatory governments upon receipt of their instruments of ratification.
Bringing the Charter to Life: Entry into Force
The Charter officially entered into force immediately upon the Government of Ethiopia receiving the instruments of ratification from two-thirds of the signatory governments.
International Recognition and Interpretation
After due ratification, the Charter was to be registered with the Secretariat of the United Nations, in conformity with Article 102 of the United Nations Charter. Any questions regarding the interpretation of the Charter were to be decided by a two-thirds majority of the Assembly of Heads of State and Government.
Expanding the Membership
Any independent African state could express its willingness to accede to the Charter at any time by notifying the Administrative Secretary-General. The Secretary-General would then transmit a copy of this notification to all member states. Admission to membership was decided by a simple majority of the member states, with the decision then communicated to the applicant state by the Secretary-General.
Practicalities and Future Considerations
The working languages of the Organization and its institutions, as far as possible, were to be African languages, French, and English. The Administrative Secretary-General was authorized to accept various gifts and donations on behalf of the Organization, subject to the approval of the Council of Ministers. The rights and conditions of employees in the OAU’s offices established in various countries were to be determined by the Council of Ministers.
Leaving the Organization
Any member state wishing to withdraw from the OAU was required to provide written notification to the Administrative Secretary-General. If the decision was not reversed, the Charter would cease to apply to that state one year after such notification.
Adapting to Change: Amendment of the Charter
The Charter also provided a mechanism for its own evolution. Any member state desiring to amend or revise the Charter could submit a written request to the Administrative Secretary-General. However, any proposed amendment could not be submitted to the Assembly of Heads of State and Government until it had been circulated to all member states and a period of one year had elapsed. An amendment or revision would only enter into force if approved by at least two-thirds of the member states.
The OAU Charter, signed by numerous African nations, stood as a testament to the continent’s collective ambition for a future of peace, prosperity, and self-determination.