THE EXECUTIVE COUNCIL/COUNCIL OF MINISTERS

INTRODUCTION TO THE COUNCIL

The Executive Council (previously the Council of Ministers) is the meeting of foreign ministers or other ministers designated by AU member states to prepare the agenda of the Assembly, including the AU budget, and to implement decisions of the Assembly. It is convened twice a year in ordinary sessions, and in extraordinary sessions at the request of any member state upon approval by a two-thirds majority of member states.

THE COUNCIL AS ORGAN OF THE OAU/AU

Unlike the Assembly, the Council of Ministers did not retain its name with the OAU's transition to the African Union. The Council of Ministers currently operates as the Executive Council of the African Union (art 10 Constitutive Act of the African Union). The Executive Council's composition, sessions and the manner in which resolutions or decisions are adopted remains the same as under the Council of Ministers of the OAU (arts 10 and 1 Constitutive Act). The Executive Council is additionally tasked with adopting its own Rules of Procedure.

The functions of the Executive Council are spelled out by article 13 of the Constitutive Act of the African Union. The Executive Council must coordinate and adopt policy decisions on areas of common interest to member states. These areas of common interest include foreign trade, energy, industry, mineral resources, food, agriculture, animal resources, forestry, water resources, irrigation, environmental protection, humanitarian action, disaster management, transport, communication, insurance, education, culture, health, human resources development, science, technology, nationality, residency, immigration, social security, and the establishment of a system of African awards. In addition to the aforementioned functions, the Executive Council is responsible for the monitoring and implementation of decisions adopted by the Assembly of the AU. The Executive Council can also delegate any of its Powers and functions to any Specialised Committee established under article 14 of the Constitutive Act (art 13 Constitutive Act).

The Executive Council takes its decisions by consensus, or failing that, by a two-thirds majority of the Member States. Procedural matters require a simple majority. Two-thirds of the total membership of the Union forms a quorum at any meeting of the Council. During its first meeting in any given year, the Council examines and adopts the draft budget presented to it by the Secretary-General of the Organization.

The Executive Councils elects (through secret ballot) and recommends to the Assembly for appointment the Commissioners of the African Commission on Human and Peoples' Rights; members of the African Committee of Experts on the Rights and Welfare of the Child; and the eight Commissioners of the AU Commission (ie excluding the Chair and Vice-Chair).

The country that chairs the Assembly also chairs the Executive Council, assisted by three Vice-Chairpersons and a Rapporteur, one each from the other four regions. The latter are elected, after consultation, through an open ballot.

THE COUNCIL AND THE AFRICAN COURT ON HUMAN RIGHTS

As an organ of the AU (OAU), the Executive Council (Council of Ministers) can approach the African Court on Human and Peoples' Rights, once established, and request the court to Provide an opinion on any legal matter provided that the subject of the matter of such an opinion is not related to a matter being considered by the African Commission on Human and Peoples' Rights (art 4 Protocol on the Establishment of an African Court on Human and Peoples' Rights).

THE COUNCIL AND THE AFRICAN ECONOMIC COMMUNITY

The Council is also one of the organs of the African Economic Community and is mainly responsible for the functioning and development of the Community. In order to achieve this, the Council must make recommendations to the Assembly, guide the activities of subordinate organs and submit proposals to the Assembly in respect of programmes of activity and the budget of the Community. It can request the Court of Justice to give advisory opinions on any legal matter. The Council must also carry out all functions assigned to it under the Abuja Treaty and exercise any power delegated to it by the Assembly (art 1 1 Abuja Treaty).

Under the Abuja Treaty the Council must meet twice a year in ordinary session and may convene in extraordinary session at the request of any member state provided such a request is supported by two-thirds of the Council's members (art 12 Abuja Treaty). The Council acts through regulations which are binding on member states, subordinate organs and regional economic communities after their approval by the Assembly. These regulations, adopted by mere consensus or by two-thirds majority, are enforceable 30 days after their signature by the Chairman of the Council and are to be published in the official journal of the Community (art 13 Abuja Treaty).