Assembly/AU/4(XII)
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supports an unconstitutional change in another State and for the refusal by State
Parties to play host to or grant asylum to the authors of unconstitutional changes.
Even though this Charter has not yet entered into force, it nevertheless remains a
reference that could inspire possible action to be taken when necessary.
27.
Against this background, it is important for the Assembly of the Union to
reiterate, in the strongest possible terms, AU’s principled stance on unconstitutional
changes of Government and its firm support for the decisions taken by the PSC with
regard to situations tabled before it for consideration. Similarly, it is imperative to
leave no stone unturned to ensure the expeditious entry into force of the Charter on
Democracy, Elections and Governance. To date, only three Member States have
ratified this Charter.
b)
Other Conflict Situations
28.
As stated earlier, other conflict and crisis situations facing the continent have
also attracted the attention of the PSC. In the Comoros, the period under review
was marked by continued efforts at consolidating the progress achieved in the
national reconciliation process after the restoration of State authority in Anjouan. On
this score, the authorities of the Union are planning to organize an inter-Comorian
Conference to consider, inter alia, the issue of rationalizing the existing institutional
architecture of the country and the harmonisation of the various electoral laws of the
country.
29.
However, the Comorian parties remain divided on a number of vital aspects of
inter-Comorian Conference. On the one hand, while reiterating its commitment to
respect the autonomy of the islands and the principle of “rotation”, according to
which the Presidency of the Union should fall to Moheli in 2010, on the expiry of the
latter’s term of office, the President of the Union intends to seize the opportunity of
the Conference to launch a process for the establishment of a new institutional entity
in which the sovereign powers of the State would be preserved. On the other hand,
the Presidents of the autonomous islands of Ngazidja and Moheli, apprehensive of a
possible challenge to the fundamental principles of the existing Constitution
demanded, as a pre-condition, that the Government of the Union make a
commitment not to include an item on constitutional reforms on the agenda of the
Conference. The President of the Union plans to call a constitutional referendum in
March – April 2009, should the inter-Comorian discussions fail.
30.
In Somalia, since the last ordinary session of the Assembly, significant
progress has been made in the negotiations between the Transitional Federal
Government (TFG) of Somalia and the Alliance for the Re-liberation of Somalia
(ARS), as shown by the signing, on 19 August and on 26 October 2008, of the
Djibouti Agreement and the Agreement on the Modalities for the Implementation of
the Cessation of Armed Confrontation. Furthermore, the TFG and the ARS have
issued a joint declaration providing for the establishment of a unity Government, as
well as an inclusive and expanded Parliament. This progress was made amidst
increasing tensions between the TFG President, Abdullahi Yusuf Ahmed, and Prime
Minister Nur Hussein ‘Adde’, which culminated in the resignation of the President on
29 December 2008. At the time of finalizing this report, consultations were underway
in Djibouti towards the establishment of an enlarged Parliament and the election of a
new President for the TFG.