it would be legally required that the Chairperson of the AUC, in
addition to communicating the concurrence of each member state
polled on the request to an intending member State, to also inform
the requesting state that the request would be placed before the
Assembly, which has the ultimate decision making power to
consider the request for membership of the Union.
17.
In placing the request before the Assembly, the Chairperson
of the AUC would then brief the Assembly on the Article 29(2)
process that was undertaken. To prevent any conflict with the
supreme power of the Assembly to make a decision on membership
of the Union under Article 9(c), legal prudence requires that the
action of the Chairperson of the Commission under Article 29(2),
would at best be a determination of the admissibility of the
requesting African State for membership of the Union based on a
simple majority of Member States polled on the request. The
communication by the Chairperson to the requesting African State
would then be a decision on the admissibility of that intending
member state, which would then be finally placed before the
Assembly for its consideration and final decision.
18.
It would be expected that, guided by Article 7 of the
Constitutive Act and its Rules of Procedure, the Assembly would
then decide on the request taking into account the admissibility
decision of Member States polled and as reported by the AUC. The
Assembly may also take other factors it deems fit into account in
considering the request that is placed before it.
19.
Let me conclude, members of the esteemed Council by
opining that above all, despite a favorable admissibility decision
from the process under Article 29(2) as well as favorable decision
of the Assembly after considering the request for membership, an
intending African State can only be a member of the Union after it
has acceded to the Constitutive Act and deposited the instrument of
accession with the Chairperson of the AUC as required by Article
27(3) of the Constitutive Act.
20.
As in ratification, accession to the Constitutive Act or any
treaty for that matter, is dependent in each country’s constitutional
system and practice.
I thank you.
12 August 2016
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