Assembly/AU/11 (XIII) Page 3 that the title of the agenda item should be changed to “prevention, application scope, impact, and effects of the principle of universal jurisdiction”, as possible alternatives to the word “abuse” after which they would support it. The African Group, drawing inspiration from Assembly decision in Sharm el Sheikh, insisted on “abuse of the principle of universal jurisdiction” as the title. . 13. Additionally, the African Group in New York met the Representatives of the Permanent Missions of Peru and Mexico (Rio Group) at their request. They were also concerned with the choice of the title and further suggested that the African Group should consider a more neutral title which would not pre-judge the outcome of the deliberations. The African Group is therefore expected to consider the proposal by the European Union and the Rio Group on the formulation of the agenda item while maintaining the essence of the AU Assembly decision. 14. At the time this report was being prepared, this issue had not been resolved. V. CONCLUSIONS AND RECOMMENDATIONS 15. This Report is submitted for information of progress made within the framework of the actions taken to implement Decision Assembly/AU/Dec.199 on the Abuse of the principle of Universal jurisdiction. 16. The Commission believes that the Recommendations of the Independent Experts group have gone a long way in putting forward all the concerns expressed by the African Union and in identifying areas where the application of the principle has not conformed to international law. The report should serve as a working document for negotiations at the level of the United Nations. However, the Commission wishes to note that, during the ministerial Troika held in Luxembourg on 28 April 2009, the European Union expressed the view that it had not been mandated by states to deal with this matter 17. The Commission would like to propose for consideration by the Assembly through the Executive Council the following:   i. TAKES NOTE of the Progress Report of the Commission on the Implementation of Assembly Decision Assembly/AU/Dec.199(XI) adopted by the Assembly in Sharm El-Sheikh, Egypt, in July 2008 as well as decision Assembly/AU/Dec.213 (XII)  on the Abuse of the Principle of Universal Jurisdiction adopted in February 2009; ii. ALSO TAKES NOTE of the Report of the AU-EU Technical Ad-hoc Expert Group set up by the 11th AU-EU Ministerial Troika with the mandate to clarify the respective understanding on the African and EU side on the principle of universal jurisdiction; iii. REITRATES its previous positions articulated in decisions Assembly/Dec.199(XI) and Assembly/Dec.213(XII) adopted in Sharm el Sheikh and Addis Ababa in July 2008 and February 2009 respectively to the effect that there has been blatant abuse of the principle of universal

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