REVISED AFCAC CONSTITUTION OF 2009: - STATUS
The Revised AFCAC Constitution was adopted at the meeting of Plenipotentiaries held in Dakar, Senegal on the 16th of December 2009. This Convention came into force provisionally on the 11th May 2010, upon signature by fifteen (15) African States. It shall definitively enter into force upon ratification by fifteen (15) African States.
Current statistics: Number of signatures: 38: Number of ratifications: 8: Number of deposits: 8.
Many Resolutions and Recommendations of AFCAC Plenaries are yet to be formally adopted due to the persistent lack of Quora. The 25th Plenary session held in Cairo, Egypt from 2-10 December 2015 resolved that Article 10 of the Constitution be amended to provide for a simple majority of member States required to form the quorum for Plenary meetings.
Pursuant to this Resolution, the proposal was submitted to the AU Commission, which in turn forwarded it to the Specialised Technical Committee (STC) on Justice and Legal Affairs of the AU for consideration. The Report of the STC was further considered by the Executive Council of the AU in accordance with the procedures of the AU.
The AU Assembly at its twenty-eighth Ordinary Session took note of both the favourable Report of the STC on Justice and Legal Affairs, as well as the recommendations of the Executive Council, and accordingly adopted the instrument for the amendment of the Constitution in its Article 10 (4) providing for the quorum of the Plenary to be simple majority (fifty percent plus one) of member States.
The Decision of the Assembly has since been communicated to member States’ ministries of Foreign Affairs/External Relations by the AUC vide its Note Verbal BC/OLC/23.21.735.27 dated 25 April 2017.
AFCAC has also written inviting member States administrations to strongly urge their national governments to sign and ratify the amendment which is now open for signature at the AU Commission in Addis Ababa, in accordance with their respective Constitutional provisions. AFCAC also seized the opportunity to remind member States which are yet to sign and or ratify the 2009 Constitution to do so to bring it into definitive force to enhance the effectiveness of the work of AFCAC.