AFRICAN UNION UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www. Africa-union.org

EXECUTIVE COUNCIL Sixteenth Ordinary Session 28 - 29 January 2010 Addis Ababa, Ethiopia

EX. CL/565 (XVI)

REPORT OF THE CHAIRPERSON ON THE ACTIVITIES OF THE COMMISSION COVERING THE PERIOD JULY TO DECEMBER 2009

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Page FOREWORD i 1 I. EXECUTIVE SUMMARY 10 II. PEACE AND SECURITY

III. REGIONAL INTEGRATION, DEVELOPMENT AND COOPERATION 49

III.1 Integration and Human Capital Development 49

1. Education 49 2. Science & Technology and ICT 51 3. Health and Sanitation 52 4. Human and Social Welfare 54 5. Children, Youth and Sport 58

III.2 Integration and Development of Interconnectivity 60

1. Transport 61 2. Energy 62 3. Telecommunications, Posts and ICT 65 4. Programme for Infrastructure Development in Africa (PIDA) 68

III.3 Integration and Climate Change and Sustainable Management 70 of Natural Resources

1. Impact of Climate Change and General Issues of Concern 71 (Forest Resources Management, Water Resources Management, Soils Management, Livestock)

III.4 Integration and Development of production capacities 74

1. Agriculture (CAADP, Food crisis) 74 2. Industrial and Mining Development 77

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III.5 Integration and Trade capacity building 79

1. Market Access Capacity Building 79 2. Multilateral Trade Rules and Negotiations (EPA,WTO) 84

III.6 Role of all Actors in Strengthening the Integration Process (Public Sector, Private Sector, Civil Society, Diaspora) 86

III.7 Partnership and Relations with the World 90

1. On-going Partnerships 90 2. Afro-Arab Cooperation 93 3. Representational Offices 95

IV. SHARED-VALUES 119

IV. 1 Democracy, Elections and Governance 119 IV. 2 Human Rights 124 IV. 3 Humanitarian Affairs, Refugees and Displaced Persons 126 IV. 4 Gender and Development 127 IV. 5 Culture 129 IV. 6 Legal Matters (Legal architecture of the Union) 130

V. STRENGTHENING THE INSTITUTIONS 136

V.1 The Commission 136

1. Administrative and Human Resource Management 136 2. Financial Management 142 3. Planning, Monitoring and Evaluation 144 4. Conference Services 148 5. Audit Activities 149 6. Integration of NEPAD 151

VI. CONCLUSION 153

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FOREWORD

I have the singular honour to submit for the auspicious attention of the Executive Council and the Assembly this Report, the fourth in the series since I was elected to the helm of the African Union Commission. As is the tradition, the Report presents a succinct account of the major activities undertaken by the Commission since the last session of the Assembly of the Union held in Sirte, Great Libyan Jamahiriya in June/July 2009.

The Commission has since continued to deploy efforts towards implementation of the Strategic Plan 2009-2012 adopted by the Assembly in Sirte, articulated around four Pillars, namely: Peace and Security; Integration, Development and Cooperation; Shared Values; and Strengthening the Institutions, and this in close collaboration with other relevant organs of the Union including the Permanent Representatives’ Committee. It follows that all the activities carried out in recent months did draw inspiration from this key document, beginning with the preparation of the 2010 Budget, which has been submitted for your attention. This Budget reflects and is based on the gradual implementation of the Strategic Plan, with relevant performance indicators and the reaffirmed will to achieve the expected outcomes and meet the legitimate expectations of our principals, namely, our Member States. The same applies to the draft new Staff Rules and Regulations, which will be submitted to you after painstaking consideration by the PRC. The Staff Rules and Regulations is a crucial text containing interesting innovations particularly in terms of the staff output and performance appraisal mechanisms, a crucial element in the process that will enable the Commission to realize measurable results in fulfilment of the contract that binds it to Member States. The period was, thus, marked by intense awareness-building activities vis-à-vis all the field players, namely, our officials and employees, on the need to have a firm grasp of the management tools. It was also characterized by the mobilisation of Member States’ Permanent Representatives, other organs, the RECs and our other partners, to enlist their support towards the aforementioned endeavours so as to achieve results-oriented and accountability-driven institutional transformation anchored on unalloyed transparency.

This Report covers all aspects of the activities undertaken during the past six months. Among the activities, I would like to draw the special attention of the Executive Council and the Assembly to the most critical issues to which the Commission devoted the greatest energy, on account of their priority nature and the critical stakes that they represent for our Continent at this point in time.

The issue of the conflicts and crises buffeting the Continent has in particular been at the centre of our concerns. In pursuance of the Assembly Decision on this matter, a Special Summit on the Consideration and Resolution of Conflicts in Africa was held in Tripoli on 31 August 2009 at the kind invitation of His Excellency Brother Muammar El- Ghaddafi, Guide of the Libyan Revolution. That Summit adopted an important Plan of Action for conflict management and resolution and for prevention of unconstitutional changes of Government in the Continent. It also proclaimed 2010 as the “Year of Peace and Security on the Continent”. Guided by these vital Decisions, the Commission devoted its attention to translating them into concrete actions with the support of all Member States and other stakeholders including the United Nations and other partners that avail us of their support. The Reports submitted on this issue for your attention in separate EX. CL/565 (XVI) Page ii documents, be it on the state of peace and security in general, unconstitutional changes or on the programme for 2010 - the Year of Peace and Security on the Continent, bear ample testimony to the efforts deployed by the Commission towards consolidation of peace and stability for the development of our Continent.

With the same determination, the Commission invested significant efforts in the preparation of the Copenhagen Conference on Climate Change which took place in that City from 7 to 18 December 2009. I am gratified to express immense satisfaction, profound gratitude and pride for the exemplary comportment and resilient solidarity exhibited by our negotiators led by His Excellency Meles Zenawi, Prime Minister of Ethiopia, backed by His Excellency Cherif Rahmani, Algerian Minister of Environment and Tourism and by our Commissioner for Rural Development and Agriculture. The combined endeavours of our negotiators made it possible to project to the entire world our common position, a coherent position endorsed by all our Member States, and representing a great historical achievement in our progress towards the African Union, a contribution of great quality thanks to which we were able to obtain results in Copenhagen. We remain determined to build on these gains, albeit modest, so that through the upcoming meetings such as those scheduled to take place in Mexico City in the coming months and in other relevant fora, we would relentlessly pursue our legitimate struggle not only to usher in a radiant future for our Planet Earth by obtaining substantial reduction in green house gas emissions but also to achieve sustainable and balanced development for the victims of climate change, including Africa, the Continent suffering the most from its negative impacts caused for the most part by the developed countries. Despite the absence of a formal agreement at that crucial Summit, we entertain the hope that a global reawakening will be achieved in Mexico City in a way that will safeguard our Planet from the predicted catastrophes, with the adoption and signing of a formal agreement capable of really getting all States to honour their commitments on statutory basis, with appropriate mechanisms for appraisal of the actual implementation of such commitments.

Also during the same period, we took a historic stride with the adoption and immediate signing by over 17 Member States in Kampala of the African Union Convention for the Protection and Assistance of Internally Displaced Persons, known as the Kampala Convention, as well as the Kampala Declaration. The adoption of this vital instrument, the first of its kind in the world, bears sufficient testimony to Africa’s determination to overcome the challenges facing it and to promote human security in the Continent, particularly for millions of our citizens in forced displacement in many of our regions. I hereby solemnly appeal to our Member States to match their words with action and thus sign and ratify this Convention, thereby ensuring its effective implementation to restore the dignity of all our displaced brothers and sisters across the Continent.

Furthermore, during the past month, we participated on behalf of the Continent in other huge international and continental gatherings on issues of crucial importance to our Continent, such as the G8 Summit held in Italy a few months after the Sirte Summit, the Africa-South America Summit in September 2009, the China-Africa Ministerial Forum in October 2009 and the Africa-South Korea Forum which took place in November 2009. These Summit gatherings provided Africa the opportunity to express its will to promote partnership with other continents in a spirit of openness and cooperation with all friends of EX. CL/565 (XVI) Page iii

Africa. Similarly, in October 2009, we organised jointly with the League of Arab States, the 13th Session of the Standing Commission on Afro-Arab Cooperation which reaffirmed the need to organize the 2nd Afro-Arab Summit in the last quarter of 2010. At that 13th Session, Libya offered to host the Afro-Arab Summit.

It is noteworthy that the next Africa-EU Summit will take place in Tripoli, Libya, in November 2010 to evaluate the progress so far achieved since the Lisbon Summit. It is also needful to point out that the First Diaspora Summit has still not been able to take place since it was postponed in October 2008. Consultations with South Africa and Member States have continued to ensure that this historic Summit is convened as quickly as possible.

We need to carry out an in-depth evaluation of each of the existing partnerships so as to elicit relevant guidelines in light of previous Decisions, particularly the Banjul Decision of July 2006 and the Addis Ababa Decision of January 2007. In this regard, an appropriate report presenting an account of the partnerships is being submitted to the policy organs to generate in-depth debate on the issue and enlist appropriate directives that will pave the way for us to take full advantage of the opportunities offered.

May I, at this juncture, once again reiterate our commitment in the Commission to work closely with all Member States, all the other stakeholders and our partners to ensure that the objectives of the Union are attained in the best possible conditions in accordance with the relevant Decisions of the policy organs of the Union. I continue to count on the usual support of all our Member States which, I believe, will leave no stone unturned to support our efforts in close coordination with all the stakeholders, namely, the RECs, the civil society and other non-State players such as the private sector and our development partners.

Jean Ping Chairperson, African Union Commission

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I. EXECUTIVE SUMMARY

INTRODUCTION

1. This report covers the activities carried out by the Commission during the period from July to December 2009. In my last report of June 2009, I had underscored the Commission’s determination to promote programmes and activities oriented towards concrete actions aimed at making the Continent’s physical integration a reality. During the past six months and after the adoption of the Strategic Plan 2009-2012 in July 2009, the Commission henceforth devotes its attention to progressively accomplishing, year after year, the set objectives by putting in place appropriate and coherent programmes and annual budgets for the period covering the life of the Plan. This Plan which addresses the four (4) strategic pillars, namely: Peace and Security, Integration, Development and Cooperation, Shared Values and Strengthening the Institutions, inspired the preparation of the draft budget for the 2010 financial year submitted for the auspicious attention of the Executive Council and the Assembly of the Union for adoption. This document contains well-defined benchmarks on the basis of which these Organs could evaluate, at the end of 2010 and in a continuous and regular manner, what has so far been accomplished. It is therefore needful that, once adopted, this budget be given the appropriate support by all Member States in terms of mobilization of adequate resources towards its execution, not only by paying up their contribution in due time but also by mobilizing extra-budgetary resources and finding alternative sources of financing.

2. I had in the past underscored the absolute need for the Union to endow itself with predictable resources with credible and regular sources of financing to avoid the uncertainties arising from the recurrent phenomenon of arrears of contribution which seriously impair the effective implementation of approved programmes. The Commission once again in December 2009 submitted concrete proposals on the issue of alternative sources of financing to the Ministers of Finance. However, discussion on this crucial matter could not be concluded, and consideration thereof was once again postponed to another session of the Ministers’ Conference to be held towards the end of 2010. Member States are hereby challenged to find a solution to this critical issue pursuant to the very many previous Decisions of Council and of the Assembly of the Union, on which no significant progress could be made since Decision EX.CL/Dec.22 (III) taken in Maputo in July 2003!

3. May I also point out that another document crucial for the proper functioning of the Commission is being submitted to the Assembly for adoption, namely, the Staff Rules and Regulations.

4. The following pages of this report present a detailed overview of the activities carried out with respect to the four pillars of the Strategic Plan as hereinabove mentioned:

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 Peace and Security;  Integration, Development and Cooperation;  Shared Values; and  Strengthening the Institutions of the Union.

PEACE AND SECURITY

5. During the period under review, the Commission continued to deploy efforts to speed up the establishment of the Continental Peace and Security Architecture, support conflict prevention, management and resolution endeavours and follow up on the Prodi Report on the funding of African Union-led peace support operations, bearing in mind certain emergency situations such as the AMISOM field operations in Somalia.

6. Pursuant to the relevant Assembly Decision, the Commission working closely with the Libyan Arab Jamahiriya, organised the Special Summit on the conflict situations in Africa in Tripoli on 31 August 2009. That meeting adopted a crucial Declaration and a Plan of Action on the elimination of conflicts in Africa, on which the Commission relied for the conduct of its day-to-day activities in its bid to contribute to the restoration of peace and security in the countries in conflict situation, in close collaboration with the Peace and Security Council.

7. The Commission continued to carry out its activities geared to monitoring crisis situations on the ground with special focus on the extremely worrying unconstitutional changes of government in Guinea and Madagascar. The African Union, ECOWAS and SADC as well as other international community partners, through International Contact Groups, have made sustained efforts to facilitate a solution to the crises in both countries where the situation has remained a source of concern. The Commission also focussed sustained attention on other conflict zones, more especially Somalia where AMISOM is investing laudable efforts alongside the Transition Government to help restore peace and stability in this country for long torn apart by conflict. The Commission equally monitored closely the situation in Darfur, The Sudan; the relations between Chad and The Sudan; the situation in Burundi, Democratic Republic of Congo, the Central African Republic and Côte d’Ivoire, as well as the developments in Western Sahara. It has on regular basis reported on these situations to the Peace and Security Council (PSC) which took appropriate measures accordingly. In this regard, special mention must be made of the PSC meeting held at Summit level in Abuja, Nigeria, on 29 October 2009, at the invitation of President Umaru Musa Yar’Adua whose country was the chair of the PSC for the month of October. That meeting, inter alia, endorsed the recommendations of the High-Level Panel on Darfur presided by former President of South Africa Thabo Mbeki, as reflected in this report. This report also covers other issues of peace and security in Africa such as maritime security that has been undermined especially with the events occurring along the Somali coast, the EX. CL/565 (XVI) Page 3 process of devising an African Union policy on the Security Sector Reform (SSR) and arms control. Lastly, the report gives an overview of the African Peace Facility (APF) and the measures taken to implement the Assembly Decisions on financing African Union-led peace support operations in Africa.

INTEGRATION, DEVELOPMENT AND COOPERATION

8. With regard to this pillar and its three dimensions – integration, development and cooperation – the Commission undertook many crucial initiatives to enhance the human capital in the development process through education, gender balance and culture, and in particular the pursuit of the actions inherent in the Plan of Action of the Second Decade of Education in Africa (2006-2015), the programmes for harmonization of higher education in Africa and flagship Pan-African University project for which there was a massive mobilization of all the partners. These endeavours also embraced the key sectors of science, technology and information society at the service of development. On this score, the Commission launched a Prize Award programme for the benefit of high-level African scientists to support and stimulate research and science in the Continent, thereby boosting and energizing research, science and technological innovation, the bedrock of development. For this reason, the Assembly has been solicited, in the course of the present session, to confer a continent-wide award on the said scientists who have brought their contribution to bear on scientific progress.

9. The health and hygiene sector have similarly received sustained attention, notably the Campaign for the Accelerated Reduction of Maternal Mortality in Africa (CARMMA). I take this opportunity to commend the nine (9) Member States mentioned in this report that have already launched the campaign at national level, and appeals to the other Member States to join in these efforts so that, at the next Assembly of the Union, theme of which will focus on maternal and infant health, all Member States would be able to appropriate the CARMMA programme and promote universal access to quality health services. This report further dwells on the measures taken to promote the wellbeing of the most vulnerable groups including old people and persons with disability, the Decade (1999- 2009) of which was promulgated by the Heads of State and Government of OAU, but did not yield the results expected. It is needful to assess this Decade so as to draw the necessary lessons there from and thus improve the conditions of these categories. The report evaluates the progress achieved in the implementation of AU Decisions regarding the promotion of family values and the welfare of families. It focuses on the recommendations put forward by the African Population Commission at its last meeting held in Addis Ababa in October 2009 which offered propitious opportunity for the launch of the 2008 report on the state of Africa’s population. This report further provides an account of the efforts deployed in combating drug and cross-border crime, and in the area of labour and employment, protection of the rights of the child and migration. Noteworthy in this EX. CL/565 (XVI) Page 4 regard was launch, in June 2009, by the Commission with the support of Member States, of the AU-COMMIT initiative aimed at eliminating the phenomenon of human trafficking which affects mostly women and children.

10. I would like to place special emphasis on the sport and youth sectors which have continued to mobilize us all, particularly this year when important sporting events are and will take place in our Continent, namely, the African Cup of Nations in Angola from 10 to 31 January 2010 and more especially the World Cup to be hosted by South Africa in June 2010, an unprecedented event and source of immense pride for the entire Continent.

11. During the same period, the Commission continued to deploy efforts aimed at promoting continent-wide interconnectivity pursuant to the Declaration adopted by the African Union Conference held in Addis Ababa in February 2009, following a debate on the theme “Infrastructure Development”. I am gratified to underscore in this regard the tremendous progress achieved in the implementation of the Infrastructure Development Programme in Africa (IDP), and this, in close collaboration with ADB and the AU-NEPAD Programme, with the finalization of the consultancy services adjudication procedures in respect of the conduct of pre-feasibility studies for the construction of the Dakar- N’Djamena-Djibouti and Djibouti-Libreville continental highways. The opening of the tenders and the award of the consultancy will be carried out in February 2010. Furthermore, the gradual implementation of the Yamoussoukro Declaration on the Liberalization of Air Transport Market in Africa has continued with the operationalization of the structures of the African Civil Aviation Association (ACAA) the Executing Agency, the elaboration of the rules of competition and of the mechanism for settlement of disputes as well as the formulation of common African Civil Aviation Policy (ACAP). Similarly, the AU- EU Dialogue is underway with a view to putting in place arrangements acceptable by the two parties. As regards railways, the Commission is deeply involved in collaboration with Union of African railways and the International Railways Union through the studies programmed to commence in 2010 with the objective of progressively given effect to the Railways Vision 2025, including the creation of Special Fund for railways development, evaluation of their proposed privatisation, harmonisation of standards and capacity building. As regards Maritime Transport, the Conference of Ministers in charge of this sector was held in Durban in October 2009. It adopted the Draft African Maritime Charter which will regulate all matters relating to development and Member States’ cooperation in all maritime operations in Africa. The Conference also adopted a crucial Declaration on Maritime Security and Safety and protection of the marine environment.

12. The energy sector has also continued to mobilise the attention of the Commission which organised the Conference of Ministers in charge of Petroleum Resources from 9 to 11 December 2009. The Ministers adopted vital recommendations submitted for the attention of Council and the Assembly, including a policy document, a Declaration and a EX. CL/565 (XVI) Page 5

Roadmap on the establishment of the African Petroleum Fund. As regards this fund, it is noteworthy that the Ministers could not reach agreement as to its nature - obligatory or voluntary – a fund which is to be replenished by Member States’ contributions and by the international companies operating in this sector in Africa, with a minimum initial capital estimated by the studies at US$260 million. The supreme organs of the Union have been seized of this issue so that they could take a decision on this element that is crucial for the operationalization of the fund. In this same sector, I would like to point out that the “Hydropower 2020” initiative which has received EU financing pledge to the tune of 10 million Euros is in the process of carrying out a study on the great continental projects including, in particular, the Grand Inga Dam (Central Africa), OMVG (West Africa), Kafue Gorge (Southern Africa) and Gilgel Gibe (East Africa).

13. The telecommunications and ICT sectors have similarly received special attention with the pursuit of telemedicine and tele-education networking projects with US$125 million financing by India.

14. December 2009 saw the convening of an important conference, namely, the Copenhagen Conference on Climate Change which raised a lot of hope, but outcomes of which did not measure up to the expectations of developing countries in general and of Africa in particular. However, I would like to underscore in this regard, and with great satisfaction and legitimate pride, Africa’s quality contribution and the exemplary unity exhibited by the continent throughout this Conference. Deserving tribute should be paid to His Excellency Meles Zenawi, Prime Minister of Ethiopia, who with wisdom and courage, led the single African Union delegation in the delicate task of coordinating and defending Africa’s common position adopted by the Assembly of the Union in Sirte, Libya in July 2009. Also deserving our tribute is His Excellency Cherif Rahmani, the Algerian Minister who stood alongside the Ethiopian Prime Minister in his task as chief negotiator with the full support of the Commission. The Commission has submitted the outcomes of this historic Conference to ongoing meetings in a separate report. It is noteworthy that the negotiation of a new global agreement has only just started and that Africa needs to deploy all effort includes consultation with all the other regions of the world so as to ensure that its fundamental interests as expressed in its common position are taken into account interests which should be continuously defended with the same determination and active solidarity. Indeed, the continent has through its Union, exhibited its capacity and power during the aforementioned Conference and should take full advantage of the new global imperatives to continue to defend its vital interest with one and single voice in all the sectors strategic for the continent, not only Berlin but also in Mexico at the next negotiations.

15. Regarding the agricultural sector, the Commission in close cooperation with AU- NEPAD Programme and the Regional Economic Communities (RECs) has continued to mobilise all the Member States to get them to subscribe to the CAADP Project and to sign EX. CL/565 (XVI) Page 6 the instrument of accession. Thirteen Member States have so far done so. I take this opportunity to commend this thirteen Member States listed in this Report for the progress they have achieved in the concrete realization of the pledges made with respect to the CAADP Programme and to appeal to all the other States to do the same expeditiously in accordance with the Assembly Declaration adopted following the debate on the theme of the July 2009 Sirte Summit: “Invest in Agriculture for Growth and Development”. CAADP has indeed become effective and credible for channelling the support of all our partners. In this connection, it is needful to underscore the significant support mobilized during the G8 Summit in Aquila in July 2009 towards the American Programme, AGOA and the African-EU cooperation thus enabling the continent to up-scale its production capacities starting with increased food production thus becoming increasingly less dependent on food imports and aid and by so doing guarantee food security in the continent. It is also needful to refocus our activities concerning the promotion of agriculture and effectively achieve the pledge of 10% budget input by all Member States and thereby reactivate the rehabilitation of the agricultural sector that has been seriously undermined by the nefarious impact of climate change and food imports and aid.

16. Multilateral trade negotiations have continued to claim the full attention of the Commission which has taken initiative to strengthen Africa’s position in regard to both the EPA and WTO. In this connection, the Conference of African Ministers of Trade had intense consultation in Cairo in October 2009 and Geneva in November 2009 ahead of the 7th Ministerial Conference of WTO. On those occasions, the African Ministers issued the guidelines reflected in this Report, particularly in regard to adoption of the Cairo Communiqué and a Plan of Action advocating, inter alia, the ways and means to conclude the Doha Round, establishment of a coordination mechanism for African negotiators, the facilities ensuring better access for African countries to WTO and the impact of the economic and financial crisis on Africa’s trade.

17. Other vital activities also undertaken, such as building market access capacities, preparation for the Shanghai Expo 2010 at which Member States and the Commission will open stands, the Nairobi Meeting on AGOA held in July 2009, the elaboration of standards on a continental common tariff and the customs policies coordination between the RECs and the Union.

18. With respect to industrial and mining development and in pursuance of implementation of the Declaration of the Assembly of the Union on this issue, the Commission in collaboration with UNIDO, hosted in Addis Ababa in July 2009, a meeting of a Panel of Experts on Industrial Investment Policies to brainstorm a coordinated approach and appropriate strategies to attract financing for industrial development projects at continental and regional levels. The Commission also followed up on and backstopped all the work performed by the International Studies Group on Mining Development in Africa EX. CL/565 (XVI) Page 7 with a view to examining the possibilities offered by the various mining regimes in Africa thereby promoting the development of the mining sector in the continent.

19. The Commission continued to deploy efforts to strengthen existing partnership with the rest of the world in accordance with the relevant Assembly Decisions. The Commission presents, in a separate report, the outcomes of the Africa-Latin America Summit (Margherita, Venezuela, September 2009) the Permanent Commission on Afro- Arab Cooperation (Tripoli, Libya, October 2009), the Africa-China Ministerial Forum (Sharm El-Sheikh, Egypt, October 2009) and the Africa-South Korea Meeting (Seoul, South Korea, November 2009). Furthermore, in accordance with the relevant Decision of the Executive Council, the Commission is hereby submitting to the ongoing meetings, through the PRC, a report on a study carried out regarding a general review of the strategic partnership with a view to instituting more effective coordination and rationalizing the measures taken in this respect. The Commission is also submitting to the PRC a report on the study evaluating all the existing diplomatic missions of the Union with consideration of the possibility of creating new missions as the need may arise, in accordance with the relevant recommendations of the 2007 High-Level Panel on the Audit of the Union. In that same report an account was made of the activities carried out by the Commission in regard to strengthening the relations with civil society organizations and the Diaspora, as well as their increasing involvement in the programmes of the Union in close cooperation with ECOSOCC.

SHARED VALUES

20. The Commission has in the past month, intensified its endeavours for promotion of the Union architecture on governance in the same vein as the peace and security architecture. This involved, in particular, efforts aimed at the signing and ratification of the African Charter on Democracy, Elections and Governance, the draft Public Service Charter, the operationalization of Anti-Corruption Consultative Council thus enabling it to promote implementation of the AU Convention on Prevention and Combating Corruption in Africa. It is needful to get a greater number of Member States to sign and ratify these various instruments. I take this opportunity to urge Member States to pay deserved attention to these instruments designed to promote good governance and thereby consolidate the shared values in our States and our people. At the same time, the Commission is intent on promoting an intervention architecture in the domain of democratic governance, with the involvement of all Member States, the RECs and other players and continental partners including the civil society. We also intend to conduct profound brainstorming in the area of local governance and in particular elaborate a Charter on Local Governance thus ensuring that the shared values take root and is consolidated at the grass roots.

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21. The other crucial activities undertaken under the pillar “Shared Values” include the monitoring and observation of electoral processes in several Member States. During the period under review, eleven (11) observer missions were deployed in Member States. Emphasis was placed on strengthening and supporting national elections management institutions. This Report highlights vital elements relating to the various elections observed during the period under review. The Commission will, as usual, continue to offer appropriate assistance, through observation and monitoring of presidential and/or parliamentary elections.

22. Similar attention was given to National Human Rights Protection Institutions in close coordination with the African Commission on Human and Peoples’ Rights.

23. Furthermore, the Commission continued to very closely monitor the humanitarian crisis situation bedevilling the continent, a situation that also constitutes a source of grave concern as is the case in conflict zones including Somalia where a lot of people live though atrocious sufferings and are condemned to senseless violence perpetrated by fanatical groups which from time to time attack our peace mission (AMISOM) claiming victims on the part of our soldiers on our peace mission, including the Deputy Commander of our force killed in September 2009. I take this opportunity to once again express our whole hearted appreciation for the troop contributing countries (at the moment Uganda and Burundi) which are making considerable sacrifices on behalf of the whole of Africa.

24. The Commission is similarly devoting its attention to giving concrete expression to the Gender Policy as adopted by the Assembly of the Union in 2009, by intensifying efforts aimed at promoting gender equality in all the structures of the Union. I am gratified in this regard to mention that the feasibility studies on a Trust Fund for African Women entrusted to ADB was concluded in collaboration with the Commission and approved by the Ministers in charge of Gender issues at their meeting held in Banjul, The Gambia on 21 November 2009. The activities relevant to implementation of the Declaration on Gender Equality in Africa and a Roadmap on Programme of the African Women’s Decade (2010 – 2020) and the campaign to combat violence against women in Africa, are equally on course. The promotion of African culture, identity and history also constitutes a key element of the activities of the Commission which at the same time is committed to building the capacities of CELTHO in Niamey and ACALAN. I am gratified in this regard at the staging in November 2009 at the Headquarters of the Union, of the Second Pan- African Congress which saw the active participation of artists from all corners of the continent. That occasion also enabled us to honour the memory of a great son of Africa, the embodiment of Pan-Africanism, Kwame Nkrumah on the eve of the centenary of his birth.

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25. Shared Values equally invite all Member States to sign, ratify, internalize and actually implement the Union Treaties adopted by the Assembly. May I at this juncture welcome the most recent of these Treaties, namely the Convention on the Protection of Displaced Persons in Africa and make a vibrant appeal to Member States to take all the necessary measures to give concrete effect to the Treaties for the benefit of the African people.

26. I am glad to announce that the new flag of the Union adopted by the last Session of the Assembly in Sirte will be launched in the course of the present Meetings.

STRENGTHENING THE INSTITUTIONS OF THE UNION

27. It would be superfluous to point out that all the aforementioned initiatives and programmes developed in this Report cannot be actualized unless they are given robust support and supervised by solid and invigorated institutions that allow for their effective and harmonious implementation, with appropriate implementation structures and mechanisms. As far as the Commission, we shall continue to place a premium on internal governance through establishment of such management mechanisms and tools as guarantee transparency and accountability, particularly in the areas of management of the human and financial resources made available to the Commission as well as implementation of the Decisions of the supreme organs of the Union at its weekly meeting held every Tuesday, the Commission continued to assess, on regular basis, the level of implementation of the approved programmes and activities of the Union and issues appropriate directives on the way forward for all its internal structures. For example, the draft 2010 Budget submitted for consideration by the Executive Council is in line with the gradual and annual implementation of the 2009 – 2012 Strategic Plan and articulated around well targeted programmes with clear-cut performance indicators aligning for regular and easy assessment of the process of implementation of the Plan.

28. The reforms instituted regarding the programmes aimed at improving the management and audit systems, such as IMIS and AMERT Projects are ongoing and will facilitate evaluation, if need be, of the progress achieved in this connection. These management and audit tools will also help reassure AU partners which could, as a result, extend direct budget support for our programmes rather than the Ad hoc and occasional input towards specific projects and activities. May I, at this junction, welcome the arrangement regarding the Common Partners’ Fund, the draft agreement of which is in the process of finalization. I take this opportunity to express my most sincere gratitude to all our partners that have so generously accompanied us in the realization of numerous programmes as well as for their understanding and confidence all of which will enable us to integrate all budgetary resources and by so doing achieve harmonious and coherent EX. CL/565 (XVI) Page 10 implementation of the Strategic Plan. Clearly, this implies that the Union provides all the guarantees for transparent and efficient management of the funds placed at its disposal not only by Member States but also by the development partners. This is a challenge which the Commission is resolutely intent on taking up.

29. The Report gives an account of the progress of the construction of the new conference office complex, scheduled to be completed in December 2011. It also deals with the status of contribution. On this issue, I would like to call on all the Member States concerned to take appropriate measures to pay up their contributions in time and thereby drastically reducing accumulation of arrears and allowing for the timely financing of the programmed activities.

30. The issue of integration of NEPAD programme into the structures and process of the African Union continue to claim all our attention as testified by this Report. I am gratified to note the integration of this programme of the Union into its structures, particularly the integration of its budget and staff effective from the 2010 budget. The issue of rationalisation of the RECs and the increasing role they are expected to play in speeding up the process of regional and continental integration continues to claim the full attention of the Commission which is determined to work very closely with the RECs especially by participating very actively in their Summit meetings with a view to moving forward, together towards the Minimum Integration Programme (MIP), thus enabling us to measure, on regular basis, the progress achieved in this progress towards integration.

II. PEACE AND SECURITY

1. INTRODUCTION

31. The past six month have been particularly charged in terms of peace and security. Apart from the continued efforts deployed to conclude the operationalization of the continental peace and security architecture, the sustained monitoring of the crisis and conflict situation in the continent and of the support to conflict resolution and peace consolidation endeavours, as well as the related activities carried out in the areas of border management, disarmament and anti-terrorism, to major events that occurred during the period under consideration need to be mentioned. These were the Special Session of the Assembly of the Union on consideration and resolution of conflict which took place in Tripoli, Libya, on 31 August 2009. That meeting culminated in the adoption of the Tripoli Declaration (so-called) on the Elimination of Conflict and Sustainable Promotion of Peace in Africa (SP/Assembly/PS/Decl.(I) and a Plan of Action (SP/Assembly/PS/Plan(I). The Special Session was clearly a success in as much as it enabled African leaders to agree on measures that need to deal with the challenges that has continued to face Africa in the EX. CL/565 (XVI) Page 11 area of peace and security. What is now required is work towards the actual implementation of the commitments made. Both the Commission and Member States, individually and collectively should also assume their responsibility in this connection.

32. Another event of significance was the Peace and Security Council (PSC) meeting at the level of Heads of State and Government held in Abuja, Nigeria, on 29 October 2009 to consider the report of the AU High-Level Panel on Darfur established pursuant to PSC Decision of 21 July 2008, and chaired by the former President of South Africa, Thabo Mbeki. This Panel submitted a comprehensive and quality report articulating a global and coherent approach to the crisis in Darfur which it rightly defined as a manifestation of a more global crisis affecting the whole of Sudan, resulting from the inequality which has continued to characterise to relations between the centre and the Sudanese peripheries. It emerges that the Darfur crisis cannot see a lasting solution except within the framework of the resolution of the Sudanese crisis on the basis of sustained democratic transformation of the country as articulated in the Comprehensive Peace Agreement (CPA) of January 2005.

33. Both the Special Session held in Tripoli and PSC Summit in Darfur bear testimony to AU’s renewed will to fully play its role in the promotion of peace and security in the continent, and to assume Africa’s leadership role. In this regard, paragraph 21 of the Tripoli Declaration by which the Heads of State and Government affirmed as follows: “We reiterate our determination to ensure that these partnerships (with the rest of the world) are fully based on Africa’s leadership, because without such leadership, there will be no ownership and sustainability; because we understand the problems far better than those who come from far away; because we know which solutions will work, and how we can get there; and because, fundamentally, these problems are ours, and we will live with their consequences”.

2. YEAR OF PEACE AND SECURITY

34. In the Declaration on the elimination of conflict and promotion of sustainable peace in Africa adopted by the Special Session on the consideration and resolution of the conflict in Africa, the Assembly of the Union proclaimed 2010 the Year Peace and Security in the Continent. To this end, the Assembly directed me to prepare a detailed programme identifying concrete measures that could be taken to promote peace, security and stability in the continent, and to submit same to its next Ordinary Session. Pursuant to that Decision the Commission has prepared a separate report on the activity programme for the Year of Peace and Security for consideration by the Assembly of the Union.

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3. ESTABLISHMENT OF THE CONTINENTAL PEACE AND SECURITY ARCHITECTURE

35. Efforts towards establishing a functional Continental Architecture for peace and security continued during the period under review. Apart from the support given to the Peace and Security Council and the Panel of the Wise in the execution of their respective mandates, Commission efforts were also directed at the Continental Early Warning System, the African Standby Force and at implementing the Protocol Agreement on cooperation between the AU and the Regional Mechanisms for Conflict Prevention, Management and Resolution.

a) Peace and Security Council

36. The Peace and Security Council has been in place since March 2004. In its five (5) years of existence, the PSC has demonstrated real dynamism, dealing with most of the crisis and conflict situations in the continent. As at the time of finalization of this Report, the PSC had held 215 meetings. Furthermore, the annual meetings between the PSC on one hand, the United Nations Security Council, the Political and Security Committee of the European Union, on the other, are pointers to the meaningful credibility acquired by the PSC in the course of its short period of existence. A comprehensive report on the activities of the PSC since the last Session of the Assembly of the Union is submitted in accordance with Article 7(g) of the Protocol Establishing the PSC.

37. The mandates of the present members of the PSC will expire in March 2010. Consequently, the Assembly in the course of the present Session will embark upon the renewal of the 15 seats on the PSC that is ten seats for a mandate of two years and five seats for a mandate of three years. I would like at this juncture to underscore, pursuant to the relevant provisions of the Protocol Establishing the PSC, the need for all Member States members of the PSC to provide themselves with the human resources required for the effective discharge of their responsibilities and, more generally to make multiform, political and material contributions towards the promotion of peace and security in the continent. The effectiveness of the PSC largely depends on this.

b) Panel of the Wise

38. The Commission has also continued to back the Panel of the Wise, whose mandate is to support the efforts of the PSC and those of the Chairperson of the Commission, particularly in the area of conflict prevention. From 9 to 10 November 2009, the Panel convened its 7th meeting, in Addis Ababa, to review the outcome and recommendations of the Workshop on Impunity, Justice and National Reconciliation that was held in Monrovia from 28 to 29 May 2009 (the final report will be submitted to the Assembly in June 2010); to consider the action plan for the implementation of its report on election-related conflicts; EX. CL/565 (XVI) Page 13 to review the state of peace and security in Africa and steps to be taken by the Panel in support of the ongoing efforts to promote peace, security and stability; and to consider its work programme for 2010.

39. As Council will recall, the current members of the Panel of the Wise were appointed for 3 years during the 10th Ordinary Session of the Assembly, held in Addis Ababa from 29 to 30 January 2007, and were inaugurated in December that year. In light of Article 11(2) of the PSC Protocol, and given the significant lapse of time between the date of appointment and that of the inauguration of the Panel, the Commission is of the view that the guiding principle should be the effective completion of the 3 year-term for which the Panel members were elected. I intend to make use of the next few months to take stock of the experience accumulated by the Panel, and conduct consultations with the current members to determine those willing to continue for another and final term. I will report to the next Summit for the Assembly’s decision on reappointment or otherwise, as well as on new arrangements to enhance the effectiveness of the Panel.

c) Continental Early Warning System (CEWS)

40. The Commission has pursued its efforts towards the implementation of the Framework for the Operationalization of the CEWS that was endorsed by the Executive Council in January 2007. In this respect, and as part of the efforts to enhance the data collection and analytical capacity of the CEWS, the Commission has acquired new software, while continuing with its efforts to refine and integrate existing tools. Steps are also underway for the recruitment of analysts, to enhance the analytical capacity of CEWS.

41. From 11 to 12 November 2009, the Commission convened a meeting with all AU Field Missions on the development and finalization of situation and incident reporting templates. From 24 to 25 November 2009, in Kampala, Uganda, the Commission convened the 4th Quarterly Technical meeting with the RECs. This meeting, which was hosted by CEWARN (IGAD), made it possible to review the progress made in the operationalization of the CEWS and agree on the way forward. Finally, and in recognition of existing gaps, the Commission, working with AU partners, launched a mapping exercise to assess the support provided so far by the latter, with the view to better aligning existing and future capacity building support to the AU’s priorities.

d) African Standby Force (ASF)

42. Over the last six months, progress has continued in the development of the African Standby Force (ASF). The implementation of ASF Roadmap II, adopted in July 2008, is coming to an end, and it is encouraging to note that the disparity in the development of the various components of the ASF (military, police and civilian) is not as marked as before, EX. CL/565 (XVI) Page 14 although much remains to be done to bring the civilian component to the desired level. Continued efforts are also required to close the gap between the different regional standby brigades, which are at different levels of development.

43. At the continental level, a series of workshops have been held, in conformity with the ASF Roadmap II. Among others, mention should be made of the Civilian Rostering Worshop (Dar-es-Salam, July 2009); the Evaluation Concept Workshop (Tripoli, July 2009); the Formed Police Units (FPUs) Workshop (Tripoli, August 2009); the Amani Evaluation Manual Seminar (Bamako, September 2009); the ASF Strategic Lift Workshop (Algiers, October 2009); the Police Logistics Workshop (Wolisso, Ethiopia, October 2009); the ECOWAS Rapid Deployment Concept (RDC) (Abuja, October 2009); and the Police RDC Workshop (Bamako, November 2009).

44. In addition, and in view of the need to assess the readiness of the ASF, a number of events were organized as part of the Exercise Amani Africa, following the Initial Planning Conference (IPC), in March 2009, and the Mid Planning Conference (MPC), in June 2009. Hence, the Commission organized the Strategic Mission Planning Course (Addis Ababa, August 2009); Exercise Amani Africa Map Exercise - Mapex (September 2009); Exercise Amani Africa Main Events List (MEL) - Main Incidents List (MIL) Workshop (Paris, October 2009); and Exercise Amani Africa Political Strategic Workshop and the Strategic Seminar (Addis Ababa, November 2009).

45. Finally, a couple of the regional standby brigades will be put together to conduct the continental Command Post Exercise (CPX), named Exercise AMANI AFRICA, in 2010. The objective will be to rehearse AU procedures for mandate development and evaluate the capacity of the Peace and Security Department to plan, deploy and manage multidimensional Peace Support Operations (PSOs); evaluate the ASF Doctrine to determine its consistency with current PSO challenges; evaluate the capacity of the Commission to prepare and deploy a mission HQ and exercise the deployment of a multidimensional ASF; and to increase awareness of the ASF capabilities, procedures and requirements within the senior personnel of the Commission and Member States. However, despite the request to conduct MAPEX, CPX and FTX to test their own procedures, rehearse them for the continental exercise, as well as enable the Commission to assess their state of readiness for PSOs, only ECOWAS, SADC and EASBRICOM standby brigades have completed all their exercises, while ECCAS and NARC are yet to conduct their first exercises (MAPEX).

e) Memorandum of Understanding between the AU and the Regional Mechanisms

46. Progress has continued to be made in the implementation of the Memorandum of Understanding (MoU) on Cooperation in the area of Peace and Security between the AU EX. CL/565 (XVI) Page 15 and the Regional Mechanisms for Conflict Prevention, Management and Resolution, signed in Addis Ababa on 28 January 2008. The Commission has continued to work closely with the Regional Mechanisms on peace and security issues. Six of them, namely, COMESA, EAC, ECCAS, ECOWAS, IGAD and SADC, have appointed Liaison Officers to the AU. Plans are underway for the AU to likewise establish Liaison Offices within the RECs, as required under the PSC Protocol.

47. The first meeting of Senior Officials on the implementation of the MoU took place in Addis Ababa on 8 and 9 July 2009. The second meeting of Senior Officials was held in Akosombo, Ghana, from 9 to 10 December 2009. This was followed, at the same venue, by the meeting between the Chairperson of the Commission and the Chief Executives of the Regional Mechanisms, as provided for in the MoU. The meeting considered the status of implementation of the MoU, the operationalization of the African Peace and Security Architecture (APSA), cooperation in the promotion of peace and security in Africa, and the funding of African-led peace support operations, in light of the efforts being deployed as a follow-up to the report of the Panel established by the AU and the United Nations to make concrete recommendations on how the UN could support AU-led peace support operations. It also discussed the issue of unconstitutional changes of Government in Africa and election-related conflicts and violence, as well as activities to be undertaken for the celebration of the Year of Peace and Security. The meeting requested the AU Commission, in cooperation with the Regional Mechanisms, to develop a detailed programme identifying the activities to be undertaken throughout 2010, to facilitate the follow-up and implementation of the MoU. It was further agreed that this programme would be reviewed on a quarterly basis. The next meeting of the Chief Executives will be hosted by the East African Community (EAC) at a venue and date to be agreed upon in consultation with the Commission.

48. During the Akosombo meeting, the AU and the Regional Mechanisms exchanged views with the European Union (EU) on the EU’s support to the operationalization of APSA, in line with the Partnership on Peace and Security of the December 2007 Lisbon Joint Strategy and Plan of Action. The meeting also reviewed the challenges faced in the implementation of the current capacity building programme implemented as part of the Africa Peace Facility (APF).

4. EVOLUTION OF THE SITUATIONS ON THE GROUND

49. The following paragraphs present an account of the development in the various situations on the ground and the efforts deployed by the African Union to help resolve the situations or consolidate peace where it has been restored.

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a) The Comoros

50. In the last six months, the Commission continued its efforts aimed at consolidating the progress made in promoting stability and reconciliation in the Comoros. The focus was essentially on encouraging the Comorian parties to adopt a consensual approach in the implementation of the institutional reforms introduced by the new Constitution, adopted by referendum on 17 May 2009, and to support the organization of elections to the National Assembly and the Council of the three Autonomous Islands.

51. It was in this context that my Special Envoy visited the Comoros from 27 August to 1 September 2009, in order to assist in easing the heavy tension which at the time characterized relations between the Government of the Union and the Executives of the Autonomous Islands. The claims of the Island authorities, particularly of Ngazidja and Mohéli, concerned maintaining their status of President, and the respect of the rotation of the Presidency of the Union, which should be the turn of the Island of Mohéli in 2010, in conformity with the 2001 Constitution, prior to the amendments made by the referendum on 17 May 2009. While the Head of the Mohéli Executive eventually accepted his new status of Governor in accordance with the constitutional reform of 17 May 2009, relations deteriorated noticeably with the Island authority of Ngazidja, in the aftermath of the jurisdictional dispute over the supervision of the police and the prefectures, which on 5 October 2009, led to clashes between the respective police forces of the Union and the Island, as well as the imprisonment of several members of the Executive of the Island.

52. On 23 October 2009, in Moroni, the Comorian Government and the opposition parties met in the presence of representatives of the international community, including the AU. Discussions focused on the organization of legislative elections, following the rejection on 20 October 2009, by the Constitutional Court, of some provisions of the order by the Comorian Head of State on the organization and conduct of elections on the grounds that they were not in conformity with the Constitution of the country. At the end of deliberations, the Comorian parties, of a common accord, decided to postpone the elections by one week, thus scheduling the first round for 6 December and the second round for 20 December 2009.

53. The elections took place on the new date agreed upon, with the parties of the presidential camp emerging as the winners. The AU dispatched a team of observers to monitor the elections. In conformity with the constitutional reform of 17 May 2009, the legislative organs of the Union and the Island, meeting in a Congress in January-February 2010, will decide on the harmonization of the elections of the Heads of the Executives of the Union and the Islands. It should be noted that the term of office of the current President will come to an end in May 2010, while those of the Governors of the Autonomous Islands will expire in 2012, for Ngazidja and Mohéli, and in 2013, for Anjouan.

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b) Madagascar

54. As part of efforts aimed at restoring constitutional order in Madagascar, and in line with the decision on the PSC report on its activities and the state of peace and security in Africa [Assembly/AU/Dec.252(XIII)], adopted by the 13th Ordinary Session of the Assembly of the Union held in Sirte, from 1 to 3 July 2009, I convened the second consultative meeting of the International Contact Group (ICG-M) in Addis Ababa, on 22 July 2009. On that occasion, the ICG-M stressed the urgent need for a rapid return to constitutional order, through a consensual process involving all the Malagasy political actors, and based on the respect of the relevant provisions of the Constitution of the country. The Contact Group agreed on the convening, under the auspices of the AU, in Mozambique, of a meeting between all the Malagasy political camps and their respective Chefs de File, to reach a consensual solution for the rapid return to constitutional order.

55. Pursuant to the decisions of the second meeting of the ICG-M, the Chefs de File of the Malagasy political camps met in Maputo, from 5 to 9 August 2009. This meeting took place under the leadership of former President Joaquim Chissano, head of the SADC Mediation Team, assisted by the Special Envoys of the AU, the OIF and the UN. At the meeting, the Chefs de File adopted, inter alia, on 8 and 9 August 2009, the Charter of the Transition and the Maputo Agreements. In particular, they agreed on a neutral, inclusive, peaceful and consensual transition, which should not exceed fifteen months, starting from the date of the signing of the Maputo Agreements.

56. Following the Maputo meeting, and in a context marked by difficulties in implementation, on 8 September 2009, the Authorities unilaterally decided to establish what was termed a Government «of National Unity», without the participation of the three other political camps that were signatories to the Maputo Agreements. The PSC, at its 202nd meeting held on 10 September 2009, expressed its deep concern and stressed that the Charter of the Transition and the Maputo Agreements remained the consensual framework to end the crisis peacefully, and called on the Malagasy parties to continue the inclusive dialogue for a consensual distribution of posts of responsibility within the transitional institutions.

57. On 6 October 2009, I convened the third meeting of the ICG-M, in Antananarivo. At the end of its deliberations, the ICG-M, inter alia, noted with satisfaction the important developments that took place that day through the consensus reached on some key posts of the Transition, including the President of the Transition, the Vice President of the Transition and the Prime Minister, Head of the consensus Government. While accepting Mr. Andry Rajoelina as President of the Transition, the Ravalomanana camp, however, expressed a strong objection to the later contesting in the next presidential elections. The ICG-M invited the Joint Mediation Team to convene a meeting as soon as possible EX. CL/565 (XVI) Page 18 between the Chefs de file of the Malagasy political camps, in order to find a consensual solution to outstanding issues.

58. Following consultations between the Joint Mediation Team and the Malagasy parties concerned, it was agreed to convene in Addis Ababa, in November 2009, a meeting of the Chefs de file of the political camps. As agreed, their 3rd meeting was held in Addis Ababa, from 3 to 7 November 2009. At this meeting, the chefs de file adopted the Additional Act of Addis Ababa to the Charter of the Transition, signed on 6 November 2009. The Chefs de file undertook to establish, under the aegis of the AU, a Follow-Up Mechanism also comprising SADC, the OIF and the UN, the institutions responsible for overseeing the implementation of the Charter of the Transition and the Maputo Agreements. At its 208th meeting, held in Addis Ababa on 9 November 2009, the PSC, inter alia, requested that I rapidly establish this Follow-Up Mechanism. The Council also requested that I take the necessary steps to dispatch, as soon as possible and in collaboration with the development partners, a mission to evaluate the electoral needs of Madagascar.

59. It was in this context that on 16 November 2009, I wrote to the Secretaries General of the United Nations and the OIF, as well as the Executive Secretary of SADC, to indicate that following the successful conclusion of the mission entrusted to the Joint Mediation, the support of the international community to the process for ending the crisis, would thereafter be carried out through the Follow-Up Mechanism. To this end, I requested my interlocutors to kindly take the necessary steps to translate into deeds the contributions of their respective organizations to the rapid establishment of this Mechanism. In addition, the AU, the OIF and the UN, at my request, dispatched a joint mission to Antananarivo, from 26 to 27 November 2009, to assess the status of implementation of the commitments made by the Malagasy parties, identify the difficulties encountered, and the measures to be taken to overcome them. The focus of the mission was also to discuss with all the parties concerned the modalities for the rapid establishment of the Follow-Up Mechanism.

60. From 4 to 9 December 2009, and in a context marked by a persistent deadlock in the distribution of ministerial portfolios between the Malagasy political camps, President Guebuza Armando Emilio, in his capacity as President of the SADC Organ on Politics, Defence and Security Cooperation, and former President Joaquim Chissano, invited the Chefs de file of the Malagasy political camps to another meeting in Maputo, with a view to resolving outstanding issues. The President of the Malagasy Transition, Mr. Andry Rajoelina, declined this invitation. At the meeting, the three Chefs de file adopted the « Resolutions on the implementation of the Charter of the Transition and the Additional Act of Addis Ababa on the Malagasy Transition ». These Resolutions were rejected by the Rajoelina political camp, which described them as a « coup d’Etat ». Subsequently, the de facto authorities adopted a series of unilateral measures concerning the conduct of the EX. CL/565 (XVI) Page 19

Transition, including the abrogation of the Charter of the Transition and the dismissal of the consensus Prime Minister, alleging that the implementation of the Maputo Agreements and the Additional Act of Addis Ababa had become untenable.

61. On 6 January 2010, the Commission organized the 4th meeting of the Contact Group in Addis Ababa, to re-launch the process for a way out of the crisis, and to agree on the measures to be taken in this regard. Participants at the meeting essentially reaffirmed the validity of the above-mentioned Inter-Malagasy Agreements and lent their full support to my initiative aimed at presenting to the Malagasy parties, «compromise solutions» to the outstanding issues, concerning the institutional aspects of the consensual and inclusive transition, as well as the political issues, which should culminate in the holding of pluralist, free and fair elections. The Commission included its preparatory activities to this initiative in the tight schedule agreed on by the International Contact Group.

c) Somalia

62. Since my last report to the Ordinary Session of the Assembly, the Transitional Federal Government (TFG) of Somalia has continued to pursue dialogue and reconciliation among the Somali people, through influential clan elders, clerics, and traditional leaders. President Sharif Ahmed has publicly pronounced his Government’s readiness to engage in dialogue with elements of the armed opposition, and remains open to talks with hard-line elements of the Islamist insurgency who commit themselves to renouncing and ending violence. It would be recalled that, earlier this year, the President had established a Committee on Peace, Security and Reconciliation, through which the TFG has met with various leaders to press for cessation of hostilities, expansion of the political process and promotion of national reconciliation. Despite these peace overtures, Al Shabaab and Hisbul Islam have remained intransigent and have continued to perpetrate violence against the Government and people of Somalia and AMISOM.

63. The TFG and the expanded Transitional Federal Parliament (TFP) have taken some positive steps to rebuild functioning state institutions in Mogadishu. The Government has held regular cabinet meetings, established revenue collection mechanisms, signed trade and cooperation agreements with neighbouring and other friendly countries, established an anti-corruption commission, approved Sharia law implementation, and begun the reorganization of its security forces. The Cabinet ministries have also been clustered into five broad sectors (Security, Economy and Governance, Religion and Justice, Communication and Information, and Foreign Relations), to improve efficiency and effectiveness. President Sharif continued his visits abroad during the reporting period, including a visit to the United States, during which he addressed the UN General Assembly and met with Somali Diaspora communities in different American cities.

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64. In order to address the security and capacity needs of Somalia, AMISOM is working closely with the TFG to re-establish the Somali National Security Forces (para-military and police) by facilitating training, logistical and other necessary support, as well as capacity building for the Government in the public service. A number of initiatives are going on in this regard.

65. The overall security situation in Somalia remains volatile and challenging, with insurgents continuing to launch attacks against the TFG and AMISOM. Among others, on 17 September 2009, insurgents carried out a suicide attack on AMISOM Force Headquarters, killing twenty people and injuring forty others. In a communiqué issued the same day, I condemned in the strongest terms possible this terrorist attack. I also expressed my appreciation and that of the AU to AMISOM personnel for their courage and dedication, and paid tribute to the Governments of Burundi and Uganda for their unflinching commitment to the promotion of peace in Somalia. Again, on 3 December 2009, another suicide bomber targeted a Medical School graduation ceremony in Mogadishu, killing twenty-five people, including three TFG ministers, and wounding several others. Although Al Shabaab denied carrying out this despicable act, the TFG insists that they are responsible. In response, I again issued a communiqué strongly condemning the attack, stressing that such an inhumane and cowardly act would not deter the peace efforts of the AU in Somalia and that the AU would remain resolute in its support to the TFG.

66. In Puntland and Somaliland, the security situation remains stable despite numerous threats from Al-Shabaab against Puntland and as Somaliland nears presidential elections. However, tensions have increased in the Sool, Sanaag and Cayn (SSC) after Puntland’s President, Abdirahman Farole, declared that Puntland would retake the region. In September and October 2009, my former Special Representative for Somalia, Mr. Nicolas Bwakira, informally visited Somaliland and held consultations with a wide range of political actors and traditional leaders, with a view to ensuring that the region remains peaceful and calm. The issue of piracy off the coast of Somalia has also continued to be of concern. The AU continues to underline that piracy remains only a symptom of the larger problem of insecurity, which contributes to strengthening criminality, terrorism and extremism in Somalia. The AU is actively engaged with international partners, in particular the Contact Group on Piracy off the Coast of Somalia (GCPCS), in addressing the matter.

67. As a consequence of the precarious security situation in Somalia, the humanitarian situation in the country has deteriorated. In fact, the progress recorded earlier in the year, with the return of a number of IDPs and some refugees back to their homes, has been reversed, as a number of people have again been forced out by fighting between various armed elements and TFG forces. Al Shabaab has also closed the offices of humanitarian agencies, and continued to target humanitarian workers and to seize humanitarian supplies and equipment. AMISOM has continued to facilitate humanitarian aid delivery and EX. CL/565 (XVI) Page 21 to provide basic humanitarian relief, within its capabilities, to the communities in the vicinity of AMISOM contingents’ camps.

68. Council will recall that, in May 2009, the PSC had requested the United Nations Security Council to take immediate measures to prevent the entry into Somalia of flights and shipments carrying foreign elements, weapons and ammunitions, in support of armed groups inside Somalia which are carrying out attacks against the TFG, the civilian population and AMISOM. The PSC also called on the Security Council to impose sanctions against all those foreign actors, both within and outside the region, especially Eritrea, providing support to the armed groups engaged in destabilization activities in Somalia. At its Sirte Session, the Assembly endorsed this call. It is against this background that, on 23 December 2009, the Security Council adopted resolution 1907 (2009), imposing sanctions on Eritrea for, among others, providing political, financial and logistical support to armed groups engaged in undermining peace and reconciliation in Somalia and the region. The sanctions includes an arms embargo, as well as travel restrictions and asset freeze against but not limited to the Eritrean political and military leadership. The list of the concerned individuals and entities is to be designated by the UNSC Somalia Sanctions Committee. At its 214th meeting held on 8 January 2010, the PSC welcomed the adoption of resolution 1907(2009); called upon the Sanctions Committee to urgently designate the relevant individuals and entities; and urged the Security Council to speedily act on its earlier request for the imposition of a no-fly-zone and the blockage of sea ports to prevent the entry into Somalia of foreign elements and the supply of logistical and other support to the insurgency.

69. Regarding the deployment of AMISOM, I am pleased to report that the Mission was boosted in August 2009 by the deployment of an additional battalion of 850 Burundian troops, bringing the current troop strength to 5,268, comprised of three battalions each from Uganda and Burundi. This, however, is still short of the authorized troop strength of 8,000. In October 2009, the Government of Djibouti reaffirmed its commitment to deploy a contingent to AMISOM, in addition to providing personnel for interpretation and translation services to the Mission. Furthermore, Burundi and Uganda are each envisaging to contribute one additional battalion. I would like to seize this opportunity to express my appreciation to the Governments of Burundi and Uganda for their unflinching support to the peace efforts in Somalia.

70. Efforts have also been made regarding the deployment of the AMISOM police component. Police officers from Ghana, Nigeria, Sierra Leone and Uganda have been selected and are ready to be deployed into the Mission. A phased plan has been prepared for the deployment of 270 AMISOM police officers to Mogadishu, out of 610 who have been selected. The first batch of 34 Police Officers is expected to deploy to Mogadishu by EX. CL/565 (XVI) Page 22

January 2010. AMISOM intends to commence refresher training for the Somali police during the first quarter of 2010.

71. In line with Security Council resolution 1863 (2009), the UN Support Office for AMISOM (UNSOA) has been established in Nairobi, and has since rolled out logistical support to AMISOM, as outlined in the Memorandum of understanding between the AU and the UN. On a related matter, Council will recall that, at the Brussels Pledging Conference in April 2009, a total of US$ 213 million was pledged by donors. As at December 2009, actual cash disbursed totals US$ 78,059,935. Clearly, the realization of the funds pledged in Brussels by donors has been challenging. This has negatively affected the operations of both AMISOM and the TFG. Also, AMISOM has not been able to adequately access and utilize the funds that have so far been contributed because most of these funds are either earmarked or have certain caveats attached to them. As such, the Mission has been unable to meet many critical needs and obligations, including the payment of AMISOM troop allowances and reimbursements of Troop Contributing Countries (TCCs) for lethal equipment deployed in the mission area.

72. It is the Commission’s intention, in the coming weeks, to initiate an in-depth reflection on the situation in Somalia, to take stock of the efforts undertaken to-date, and assess the level of support received from the international community, with the view of identifying the appropriate additional measures needed to further the peace and reconciliation process in Somalia. This reflection is also necessary to bring all interested international actors and stakeholders to a broader and deeper awareness of the far- reaching stakes and the magnitude of the risks inherent to the evolving situation in Somalia. The Year 2010 should be actively taken advantage of to consolidate the gains made in 2009 and, more importantly, to develop a bolder strategic vision of all that is required to substantially promote the agenda for peace, security and reconciliation in Somalia, with the support of the world community.

d) Peace process between Eritrea and Ethiopia

73. The peace process between Ethiopia and Eritrea remains stalemated. In fact, the only new development during the period under review relates to the Final Awards on each Party’s Claims, rendered on 17 August 2009 by the Ethio-Eritrea Claims Commission. Against this background, the need for more sustained and coordinated efforts to help the parties overcome the current stalemate and normalize their relations cannot be over- emphasized, given the negative impact of the current situation.

e) Relations between Djibouti and Eritrea

74. In Sirte, the Assembly was updated on the evolution of the relations between Djibouti and Eritrea, with emphasis on two elements: first, the adoption by the United EX. CL/565 (XVI) Page 23

Nations Security Council, on 14 January 2009, of resolution 1862 (2009), in which it urged Eritrea and Djibouti to resolve their border dispute peacefully and demanded, inter alia, that Eritrea withdraw its forces and all their equipment to the positions of the status quo ante and engage actively in dialogue and diplomatic efforts to reach a solution; secondly, the letter addressed by the UN Secretary-General to the Security Council on 30 March 2009, in which he indicated that he had no information that Eritrea had complied with the demands contained in resolution 1862(2009). On its part, the Assembly expressed its grave concern at the total absence of progress regarding the implementation by Eritrea of its relevant decisions, as well as resolution 1862 (2009), and urged Eritrea to urgently and fully comply with the demands contained therein.

75. On 10 July 2009, the IGAD Council of Ministers, meeting in Addis Ababa at its 33rd Extraordinary Session, called upon Eritrea to end its occupation of Djiboutian territories and desist from its destabilization agenda against Djibouti. Furthermore, the IGAD Council of Ministers, at its 33rd Ordinary Session held in Djibouti on 7 and 8 December 2009, deliberated again on the issue. More specifically, the meeting deplored that Eritrea had not yet positively responded to the call to withdraw its troops from the territory of Djibouti, expressed deep concern at the unlawful behaviour of Eritrea and its continued acts of destabilization of Djibouti and the region at large, and called upon the Security Council to urgently adopt sanctions against Eritrea.

76. It is against this background that the Security Council, on 23 December 2009, adopted resolution 1907(2009), in which it, inter alia, reiterated its serious concern at the refusal of Eritrea so far to engage in dialogue with Djibouti, or to accept bilateral contacts, mediation and facilitation efforts by sub-regional or regional organizations or to respond positively to the efforts of the Secretary-General. On this ground, and in view of the findings that Eritrea has provided support to armed groups undermining peace and reconciliation in Somalia, the Security Council decided to impose an arms embargo on that country, in addition to travel restrictions and a freeze on the assets of its political and military leaders.

f) Burundi

77. In Burundi, the implementation process of the Peace Agreements between the Government and the last rebel movement, the PALIPEHUTU-FNL, was successfully completed with the disarming and demobilization of all the fighters, the integration of 3,500 of them into the defence and security corps of the country, the integration of 24 civilian senior officials into the Burundian administration and the release of 203 political prisoners. Following political and diplomatic efforts by the South African Facilitation with the assistance of the Political Directorate (AU, UN, EU and the Regional Initiative represented by the Ambassadors of Uganda and Tanzania), field operations were conducted by AU military observers supported by representatives of the United Nations Integrated Office in EX. CL/565 (XVI) Page 24

Burundi (BINUB) and the two parties. At the end of this process, the PALIPEHUTU was formally registered on 21 April 2009 as a political party under the acronym FNL (National Liberation Forces). Burundi thus attained its objective of an exemplary peace process thanks to the joint efforts of the Burundian actors and the international community.

78. To consolidate the progress made, a Partnership for Peace comprising the Political Directorate, the Executive Secretariat of the International Conference on the Great Lakes Region and the Executive Secretariat of BINUB was initiated with a view to strengthening and monitoring the continuation of the process during the period prescribed for the preparation of the 2010 elections. Its mandate expired on 31 December 2009. Concerning the elections, we are pleased to note that in spite of some difficulties inherent in the preparatory phase of elections, Burundi succeeded in setting up a consensual National Independent Electoral Commission and adopting on 11 September 2009 an Electoral Code that has been endorsed by all the political parties.

79. At its 199th meeting held on 17 August, the PSC noted with satisfaction the progress made in Burundi and commended the Burundian parties on the remarkable political will they have demonstrated. The PSC encouraged them to pursue such efforts as it will enable them to create conditions that are conducive to the preparation and proper conduct of the 2010 elections. The timetable of the elections is as follows: 21 May 2010 – Local Council Elections; 28 June 2010 – Presidential Elections; 23 July 2010 – Parliamentary Elections; 28 July 2010 – Senatorial Elections and 7 September 2010 - Council Elections (Hills or Districts).

80. For his part, the South African Facilitator, the Honourable Charles Ngakula proceeded to Arusha to submit his end of mandate report to the Regional Initiative on the sidelines of the Summit of the East African Community held on 20 November. He was accompanied by the members of the Partnership for Peace in Burundi and was received by President Jakaya Kikwete who had been empowered to do so by the other Heads of State. On this occasion, the South African Facilitator recalled the remarkable progress made in Burundi. At the same time, he pointed out that there were still some issues which called for an appropriate solution. These concerned mainly 9 posts of the 33 posts that were promised to the FNL and which remain to be allocated; the protection of the FNL leadership after the departure of the nucleus of the Protection Force; the issue of political prisoners and prisoners of war, some of whom are still waiting to be released. President Kikwete took note of all these remarks and promised to make a report to his peers. He expressed his gratitude to the South African Facilitation and to all those who had contributed to the return of peace in Burundi. It should be specified that these issues were under consideration within a bilateral framework between the Government and the FNL.

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81. In conclusion, it can be said that the peace agreement reached among the Burundian parties is holding ground and is strengthening. The international community is duty bound to continue to monitor the situation in Burundi and maintain its efforts to consolidate peace and promote its socio-economic recovery. It is in this context that the AU is preparing to dispatch a multidisciplinary mission to Burundi to assess its post conflict reconstruction needs and make recommendations concerning the contributions that could be made by the AU and its Member States.

g) Democratic Republic of Congo (DRC)

82. During the period under consideration, the security situation improved significantly in the eastern part of the country where the main national armed groups, signatories to the Goma Agreement of 23 March 2009, were getting increasingly involved in its implementation. In his traditional message to the nation on 31 December 2009, President Joseph Kabila referred to this situation as signalling “the end of uncertainties surrounding the prospect of peace in the eastern part of the country, following in particular the military operations mounted against foreign armed groups...”. As part of the implementation of the Goma Agreement, 122 prisoners amnestied in application of the 7 May 2009 Law were released on 22 September. However, the President of CNDP, Désiré Kamanzi, expressing disappointment at what he saw as the lack of enthusiasm on the part of the Government to implement the Agreement, resigned as leader of his Movement on 11 September.

83. The Kimia II military operation launched against the FDLR in North Kivu by the Armed Forces of DRC (FARDC) with the support of MONUC, advanced to South Kivu on 12 July 2009. The FDLR retaliated by launching several deadly raids against the FARDC bases with violent attacks against the civilian population. The Congolese Authorities reported considerable success by the operation. The arrest, on 17 November, in Germany, of Ignace Murwanashyaka and Straton Musoni, two key leaders of the FDLR, was hailed as a major blow against the FDLR. In December 2009, Kimia II Operation was renamed Amani Leo (“peace now” in Swahili), to demonstrate the will of its promoters to rapidly achieve total peace. Furthermore, the LRA continued to unleash attacks on the civilian population. From 13 to 14 December 2009, in the district of Haut--Uelé, elements of the LRA killed around a hundred people, kidnapping some forty youths.

84. During the period under review, the issue of the departure of MONUC was brought up, the Minister of Foreign Affairs, Thambwe Mwamba, having declared on 21 October, during a meeting with the diplomatic corps, that it “was not acceptable that (its) mandate should be indefinite”. The Minister then stated the position of his Government, whereby MONUC forces should be redeployed to the Eastern Province to combat the LRA. On 23 December 2009, the United Nations Security Council adopted Resolution 1906 (2009) by which it extended MONUC’s mandate up to 31 May 2010. In that Resolution, the Council EX. CL/565 (XVI) Page 26 urged the Government of the DRC “to establish sustainable peace in the eastern part of the country, to effectively protect the civilian population, to develop sustainable security sector institutions which fully respect the rule of law, and to ensure respect for human rights and the fight against impunity by strengthening the capacity of the judicial and correctional systems”. In addition, the Council stressed that “the Goma and Nairobi processes as well as the 23 March 2009 Agreements are the appropriate framework for stabilising the situation in the eastern part of the Democratic Republic of the Congo”.

85. The period under review was also marked by the strengthening of relations between the DRC and Rwanda, concretised on 6 August, by a working visit of President Paul Kagame to Goma and by the holding in Kinshasa, from 17 to 19 December, of the 4th meeting of the DRC–Rwanda Joint Commission. From 14 to 15 April 2009, a tripartite DRC–Rwanda–UNHCR meeting was held in Goma, followed, on 11 December 2009, by the tripartite DRC–Burundi–UNHCR meeting in Kinshasa. These two meetings drew up the legal framework for the repatriation of the citizens of the concerned countries. As a reflection of this positive development, President Joseph Kabila affirmed, on 7 December 2009, before the two Houses of Parliament meeting in plenary that the DRC was at peace with its 9 neighbours.

86. As a follow up on the implementation of the decisions of the 97th and 119th meetings of the PSC, held respectively on 25 October 2007 and 11 April 2008, the Commission plans to organise in Addis Ababa, from 23 to 24 March 2010, a meeting of the countries concerned by the issue of the Bororo nomadic shepherds, with a view to promoting a concerted and regional approach to address the problem arising from the unique nature of the activities of this community in the region. In addition, and in application of the decision of the 163rd Meeting of the PSC held on 22 December 2008 and the Plan of Action adopted by the Tripoli Special Session, the Commission was gearing up, as at the time of finalising this report, to send a multidisciplinary mission to the DRC to evaluate the situation, with a view to making recommendations on how best the AU could significantly strengthen its contribution to the post conflict reconstruction process in the DRC.

h) Sudan

i. Southern Sudan/Comprehensive Peace Agreement (CPA)

87. In January 2010, the implementation process of the Comprehensive Peace Agreement (CPA) reached its fifth year. The referendum for both Southern Sudan and the Abyei region will be conducted in January 2011, marking the end of the six-year Interim Period of the CPA that commenced in 2005. Over the past five years, there has been noticeable progress in the implementation process of the CPA, albeit with challenges that require the urgent attention and firm commitment of the Sudanese parties - the National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM). EX. CL/565 (XVI) Page 27

88. Sudan is scheduled to hold its national elections in April 2010, in accordance with the CPA. The voter registration officially commenced on 1 November and ended on 7 December 2009. Despite many challenges, including lack of funding and logistics, prior to the commencement of the process, over which the National Electoral Commission (NEC) has expressed concern, voter registration took place generally inacceptable conditions. The NEC has indicated that, at the national level, 81% of the Sudanese voters have registered, among them 78% of the voters in the South. The AU has pledged to support the electoral process. In this regard, a pre-assessment team visited Sudan in October 2009 and submitted recommendations on how best the AU could play a positive role towards assisting the electoral process. At the time of finalizing this report, another pre- elections assessment mission was scheduled to take place from 20 to 24 January 2010, in order to finalize preparations for the deployment of the AU observers.

89. It should be recalled that Sudan’s 5th Population Census was conducted in April 2008. However, the results of this Census have not been accepted by the Government of Southern Sudan (GoSS). Among others, the GoSS put forward the timing of the exercise, as well as the claim that figures from some areas in the North were inflated, while figures from other areas in the South were under-stated. The Southerners also complain that the month of April is a rainy season in the South, making accessibility to remote areas difficult. Other challenges include the fact that the delineation and demarcation of the North/South border has not yet been concluded. This exercise should be completed as urgently as possible since it will have an impact on the constituency borders in the context of the upcoming elections, particularly those constituencies lying between the two sides.

90. In October 2009, the SPLM representatives boycotted the activities of the National Assembly, requesting a clear timetable to discuss and then vote on the outstanding bills related to the democratic transition before the elections in April 2010. They cited, amongst others, the need to finalize the Referendum Law and expressed their displeasure with the national security bill since they view it as violating the CPA. Later, other Sudanese opposition parties followed suite and withdrew from the national Parliament, refusing to support the vote on the national security law without the participation of the SPLM. The SPLM and the opposition lawmakers wanted to remove any article empowering the security services to arrest people. In December 2009, the parties were able to reach an agreement about the referendum bills for Southern Sudan and Abyei, as well as bills regarding popular consultations for South Kordofan and Blue Nile. However, they could not agree on some articles of the national security bill, which was passed by National Parliament on 20 December, with the SPLM voting against and other political parties boycotting the session. On 7 December 2009, the Sudanese opposition political parties organized demonstrations in Khartoum to protest the delay in passing those crucial laws. As a result, some figures of political parties were arrested. This is of concern as it proved that the situation can unexpectedly escalate in the country. EX. CL/565 (XVI) Page 28

91. The Interim Constitution of Sudan provides that the referendum shall be overseen by the elected institutions of Sudan. As such, for the referendum to take place, there should be elections first and the results should be acceptable to all concerned parties. In this regard, although the two parties to the CPA have agreed on the referendum bill, it is crucial that they engage in and reach some understanding on post referendum issues whatever the results would be.

92. Council would recall that, in July 2009, the Permanent Court of Arbitration (PCA) made a ruling on the Abyei matter. Since then, the demarcation process has progressed slowly because of resistance by certain groups in the area. In November 2009, the Abyei Chief Administrator suspended one of his officials for making an inflammatory statement in October 2009 calling on the Arab Messiriya tribe to mobilize themselves against the demarcation of Abyei boundaries. Indeed, the Messiriya tribe is reluctant about some elements of the PCA decision and has requested to further discuss the matter. They are particularly concerned about their migration and grazing rights through what has now been defined by the PCA as the area of the 9 Ngok Dinka chiefdoms.

93. While the CPA may have brought cessation of hostilities between the North and South, inter and intra-tribal clashes have continued in the South. These tribal clashes pose a threat to the implementation of the CPA. Under current conditions, the return to normal life for the people of southern Sudan in some areas is a serious challenge. This is further worsened by the presence, in some parts of Southern Sudan, elements of the Lord’s Resistance Army (LRA).

94. There is an urgent need for the AU and the international community at large to continue to assist the Sudanese parties to ensure that they overcome the current problems. In this regard, I wish to particularly thank the US Government and its Special Envoy for Sudan, Scott Gration, for establishing the Trilateral Mechanism in 2009 in support of the CPA implementation process. I encourage the Sudanese parties, especially through the High Level Political Committee jointly chaired by the Vice President of Sudan, Ali Osman Taha, and the Vice President of Government of Southern Sudan, Dr Reik Machar, to redouble their efforts aimed at addressing and resolving all outstanding issues and organizing the April 2010 elections in a transparent and democratic manner.

ii. Darfur

95. The major political event during the reporting period relates to the presentation of the report of the AU High Level Panel on Darfur (AUPD) to the Peace and Security Council, meeting at the level of Heads of State and Government in Abuja, on 29 October 2009. It should be recalled that the Panel was established pursuant to the PSC communiqué issued at the end of its 142nd meeting held in Addis Ababa on 21 July 2008, EX. CL/565 (XVI) Page 29 with the mandate to make recommendations on how best to address the three interlocking issues of peace, justice and reconciliation in Darfur. The decision was subsequently endorsed by the 12th Ordinary Session of the Assembly held in Addis Ababa, from 1 to 3 February 2009. The Panel was inaugurated on 19 March 2009. In pursuit of its mandate, it consulted extensively and systematically with the people of Darfur; it spent more than forty days in Sudan, principally in Darfur. As a result, its Recommendations consisted principally in the recommendations of the Darfurian people themselves and other Sudanese stakeholders, subject to the Panel’s reflections and elaboration. Having drafted its Recommendations, the Panel returned for a final visit to Sudan, during which it presented its proposals to each of the groups that had been consulted earlier.

96. The central message which the Panel heard and transmitted can be encapsulated in the definition of the crisis as “Sudan’s crisis in Darfur”. Indeed, while many other factors are at play, it is fundamentally the historical legacy of Sudan’s inequitable governance that led to armed uprisings in various parts of the country and the resulting cycle of conflicts. The Panel sees the Darfur crisis as a symptom of the wider crisis of the Sudanese nation, and it is its strong view that the Darfur crisis can only be settled as part of an overall resolution of the Sudanese national crisis. In that respect, it is essential that the forthcoming elections in Sudan are free, fair and inclusive, and that Darfurians are fully part of the democratic process.

97. The Panel made a number of recommendations. As a starting point, it stressed that the problem of Darfur requires a political settlement and a process of negotiations that addresses all the issues of peace, justice and reconciliation. It made the point that the Darfur negotiations should be inclusive, with the participation of the armed belligerents, political parties, internally displaced persons, refugees, traditional leaders, native administration, pastoralist groups and civil society. More specifically, the process of dialogue should adopt the following elements: Formal Agreement between the Government and all armed groups to suspend hostilities and thus enter into a binding truce; the adoption of a Framework Agreement for the talks, based on the 2005 Darfur Declaration of Principles, with such amendments as may be agreed by the Parties; the negotiation of a Permanent Ceasefire and Comprehensive Security Arrangements to bring a definitive end to hostilities; the negotiation of a Global Political Agreement (GPA) on the basis of the principles and agenda contained in the Framework Agreement.

98. One key component of the AUPD Recommendations relates to measures to ensure that justice is done. In that regard, the Panel recommended the establishment of a Hybrid Court to try those responsible for crimes in Darfur. The Panel also made a number of recommendations on reconciliation, bearing in mind that justice and reconciliation are inextricably linked and should be approached and implemented in a coordinated manner. Among others, the Panel proposed the establishment of a Truth, Justice and EX. CL/565 (XVI) Page 30

Reconciliation Commission, to promote truth telling and appropriate acts of reconciliation, as well as to grant pardons as considered suitable.

99. The Panel is of the view that many of its Recommendations can be implemented by the Sudan Government on a unilateral basis. These are both confidence-building measures and steps to facilitate the holding of the elections and the acceleration of the peace process. Prominent among these unilateral steps are the improvement of security in Darfur, especially for internally displaced persons.

100. At its meeting in Abuja, the PSC Summit endorsed the Report and the Recommendations contained therein, and underlined that these Recommendations provide a clear roadmap for achieving peace, reconciliation, justice and healing in Darfur, thus promoting the achievement of sustainable peace and stability in the Sudan, and decided that they shall be the basis of AU engagement in Darfur and its interaction with its international partners. It requested me to establish an AU High Level Implementation Panel (AUHIP), comprising of former Presidents Thabo Mbeki, Pierre Buyoya and Abdulsalami Abubakar, to assist in the implementation of all aspects of the AUPD Recommendations, as well as to assist the Sudanese parties in the implementation of the CPA and other related processes, as part of the democratic transformation of the Sudan. The PSC further requested me to undertake consultations with the UN Secretary-General and the Secretary-General of the League of Arab States, for the speedy establishment of a Consultative Forum, involving relevant stakeholders and Sudan’s neighbouring countries, as well as AU partners, to receive regular reports on the implementation of its decision and to serve as a coordinating mechanism to support and promote the achievement of the objectives stated therein.

101. The AUHIP held its inaugural meeting in Addis Ababa, from 2 to 3 December 2009, to develop its program of work. Subsequently, the Panel travelled to Sudan, where it undertook extensive consultations with the Sudan Government, including the two principal parties at the highest level, and a range of other stakeholders, including all the political parties. I also led a delegation comprising the Commissioner for Peace and Security and two of the AUHIP members to brief the UN Security Council on 21st December 2009. In the press statement issued at the end of the meeting, the members of the Security Council welcomed the report and underlined their appreciation for the balanced and comprehensive nature of the recommendations to promote peace, justice and reconciliation in Darfur and Sudan as a whole. They looked forward to the implementation of a holistic approach to the problems facing Sudan and supported efforts aimed at the peaceful and democratic transformation of Sudan. The members of the Security Council called for the Government of Sudan and other parties in Sudan and the region to work with President Thabo Mbeki and his colleagues, in coordination with the international community as appropriate. At the time of finalizing this report, steps were underway for EX. CL/565 (XVI) Page 31 the implementation of a set of activities on a follow-up on the Recommendations of the AUPD.

102. During the period under review, no substantial progress has been made in the political process. It would be recalled that, since the beginning of the peace talks in Abuja, the Mediation has been focusing on meetings between the armed parties. A new chapter is being opened with the participation of civil society organizations in the peace process. The views and experiences conveyed to the AUPD during its consultations were a convincing demonstration that the people of Darfur can contribute to any peace process. The Panel found, both in Darfur and elsewhere in Sudan, agreement across sharp political divides on some of the most contentious questions, often ahead of the armed belligerents. In that regard, I led an AU delegation to Doha, Qatar, on 18 November 2009, at the launching of the civil society consultations where I delivered a message appealing to the civil society to impress on the armed parties to heed the voice of reason and to start immediately the peace talks. This first step is very promising since the civil society representatives were able to produce a common document outlining their views on a wide range of issues.

103. During the reporting period, the Commission has continued to monitor the humanitarian situation in Darfur. Efforts continue to be made to address the need of the affected populations. It should also be noted that some IDPs have returned to their places of origin. This is a normal trend during the rainy season, but it has been reported that some of them have decided to remain in their villages. The sustainability of such movement needs to be confirmed and, in that regard, the High Level Committee has endorsed the establishment of a mechanism to monitor this move.

104. The security situation in Darfur, although relatively calm, has been volatile during the period under review. The main concern has been the inter tribes’ clashes and the relative increase in criminal acts. In that regard, it is important to highlight that both humanitarian agencies and UNAMID have been subjected to attacks. I strongly condemn these attacks.

105. At its 198th meeting held in Addis Ababa on the 21st of July 2009, the AU Peace and Security Council decided to extend, for a further period of 12 months, the mandate of UNAMID as defined in UN Security Council resolution 1769(2007) of 31 July 2007, and requested the Security Council to do the same. By resolution 1881(2009) dated 30 July 2009, the UN Security Council decided also to extend the mandate of the UNAMID for another period of 12 months. It is worth mentioning that, since my last report, the UNAMID’s leadership went through wide changes. The Commission and the UN Secretariat have appointed Mr. Ibrahim Gambari as the new Special Representative, while Mr. Mohammed Yunis from Somalia was appointed as a new Deputy Joint Special Representative. A new Force Commander and a new Deputy Force Commander have taken up their assignments, and we are in the process of appointing a new Police EX. CL/565 (XVI) Page 32

Commissioner as well as a new Deputy Police Commissioner. The deployment of UNAMID is continuing. As far as the strength of the Force is concerned, 13 out of the 18 infantry battalions have been deployed with advance components for 3 more battalions and 3 reserve and reconnaissance units. This brings to 77.70% the rate of deployment of the troops. Unfortunately, shortfalls in key military multipliers and enablers, such as utility helicopters, aerial reconnaissance units, medium transport units and level II hospitals, continue to affect negatively the effectiveness of the Force. As regards the police component, 13 of the 19 Formed Police Units (FPUs) have been deployed, along with 2776 Individual Police Officers, bringing the current police strength to 73.3% .

106. The period under review was also marked by the 6th and the 7th Tripartite Coordination Mechanism meetings that were held on 12 July and on 16 November 2009 in Khartoum, Sudan. I am pleased to report that this Mechanism involving the Government of Sudan, the African Union and the United Nations has continued to be instrumental in addressing issues related to the deployment of the UNAMID. One of the pressing issues was the issuance of visas for UNAMID personnel and was discussed during the 6th tripartite meeting, which noted that tremendous progress had been made in clearing visa backlogs. Another subject of concern that was discussed at the 7th tripartite meeting was the UNAMID staff hostage cases; the Government of Sudan reiterated its commitment to deploy all the necessary efforts for the safe release of the hostages. It was agreed that the Tripartite Coordination Mechanism will, as of its 8th meeting to be held on 4 February 2010, in Addis Ababa, focus its work on ways and means to optimize the “employment” of UNAMID assets and resources.

i) Relations between Chad and the Sudan

107. During the period under review, relations between Chad and the Sudan, tense since the rebel attack in May 2009, improved significantly with the visit of the Sudanese high level delegation to Chad from 10 to 11 October 2009, led by Ghazi Salahadine, Special Adviser to President Omar El Bashir. The delegation was received in audience by President Idriss Déby Itno and held talks with the Minister of External Relations.

108. At the end of the visit, the two delegations expressed their satisfaction at the sincerity and understanding that prevailed during their discussions. They reaffirmed the willingness of their respective countries to cooperate towards the return of lasting peace and harmony, and committed, each in turn, to take no action that could hamper relations between the two States, agreeing to meet again as soon as possible in Khartoum for further discussions. For my part, I welcomed this positive development. In a statement dated 12 October, I commended the two countries for their renewed commitment to work towards restoring trust and re-establishing cooperation. I expressed the hope that those efforts would result in a meeting at the highest level and in effect open a new chapter in relations between Chad and the Sudan. EX. CL/565 (XVI) Page 33

109. As a follow-up to that visit, the Minister of Foreign Affairs of Chad, Moussa Faki, visited Khartoum from 24 to 25 December 2009, where he met with the highest authorities of the Sudan and was received in audience by President Omar El Bachir. During the visit, Chad and the Sudan reiterated their resolve to normalize their relations in their mutual interest. More specifically, the two countries agreed to work towards developing confidence-building measures and to put an end to all hostile military, political and press campaigns, to take concrete and reciprocal measures to prevent incidences of rebellion in the two countries; to organise a military and security experts’ meeting in N'Djamena, in order to discuss the proposals submitted by the Sudanese party for the reactivation of the military and security Protocol; to deploy joint monitoring forces and set up observation posts, after the adoption and reactivation of the military and security protocol.

110. I was pleased with these positive results. I consider the development a significant and positive step towards a speedy and full normalization of relations between the two sister countries, underscoring the fact that the development was particularly significant because it was the result of direct contacts between the two countries in recent months.

111. It should be recalled here that during the Special Session of the Assembly of the Union on the consideration and resolution of conflicts in Africa, the Heads of State and Government had agreed on a number of measures to facilitate the normalization of relations between Chad and the Sudan. Amongst others, they had urged both countries to fully implement the various agreements they have signed and to revive efforts to deploy a peace and security force along their common border. They had also asked the armed groups concerned to engage in political processes aimed at finding solutions to any claim they may have, bearing in mind the need to respect constitutional order and legality. These recommendations regarding normalization remain pertinent, particularly when Chad and the Sudan will engage in electoral processes in the year 2010. In fact, in Chad, following a consensus decision of the political class on 4 December 2009, within the framework of the implementation of the Agreement of 13 August 2007, legislative elections will be held this year. In the Sudan, preparations are underway for general elections to be held in April 2010. The success of these elections will also depend on the peaceful atmosphere established by the two countries at their common border.

112. Once again, I would therefore urge Chad and the Sudan to continue on the path of constructive dialogue. I reiterate that AU is disposed to support the efforts of the two countries to consolidate the results achieved so far and to implement the agreements they have signed.

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j) Central African Republic (CAR)

113. During the period under review, the Commission continued its efforts to support the peace process in CAR. Regarding the political process, the Commission has made an additional financial contribution of US$.30 000 to the All-inclusive Political Dialogue Recommendations' Follow-up Committee (CSRDPI), bringing its financial support to a total of 130 000 dollars. The Commission also continues its partnership with the European Commission (EC), particularly for the renewed funding of the activities of the ECCAS Mission for the Consolidation of Peace in CAR (MICOPAX), within the framework of the African Peace Facility. From 9 to 11 November 2009, consultations were held in Libreville on the 2010 budget of MICOPAX. Bringing together delegates from the EC, AU and ECCAS, the consultations focused on specific activities of the Mission particularly DDR and the elections, and they agreed on a financial contribution of about 14.7 million Euros from the EC. Hence, in order to strengthen its action in CAR, in line with the Decision of the 195th Meeting of the PSC on 17 June 2009, the Commission has accelerated the opening of the AU Liaison Office. The Head of Mission was appointed, in the person of Mrs. Hawa Ahmed Youssouf, Former Minister in charge of Promotion of Women and Social Affairs and Former Minister for International Cooperation of Djibouti.

114. On the whole, the security situation has improved significantly. On the political front, preparations are underway towards the forthcoming presidential and legislative elections. The review of the electoral code and the establishment of an Independent Electoral Commission (IEC) were among the major recommendations of the December 2008 All- Inclusive Political Dialogue. The law establishing the Electoral Code of CAR, in its final version, was enacted by the President of the Republic on 2 October 2009. As for the IEC, it has been established by decree, on 8 October 2009, and its members also appointed by decree, on 16 October 2009.

115. One of the major issues that arose during the period under review was compliance with the constitutional deadline for elections, that is, April-May 2009. Given the relatively short deadline for implementing the various tasks assigned to the IEC, and because of the political crisis that could occur if the election does not hold as scheduled, some politicians have proposed a postponement of the presidential election. The CAR Authorities have since emphasized their determination to do everything possible for the election to hold as scheduled. In this respect, it is encouraging to note the adoption by the IEC, of a work schedule indicating the main stages of the next elections, leading to the holding of the first round of elections on 18 April, while the second round will be held 23 May 2010.

116. The DDR programme has been established in accordance with the Comprehensive Peace Agreement signed in Libreville on 21 June 2008. The Steering Committee, established in February 2009, is monitoring its implementation almost on a daily basis. A first awareness campaign was held in the conflict zones from 26 August to 4 September EX. CL/565 (XVI) Page 35

2009. It made it possible to realise how much the people expect to see the DDR enter its active phase.

117. The issue of deployment of military observers to supervise the DDR, which had constituted a stumbling block, was resolved after the signing, on 4 November 2009, of a Technical Agreement between ECCAS, the Steering Committee, the Central African Government and the politico-military movements, and the Decision of the European Commission to partially fund the operation. It should however be noted that the programme was behind schedule with regard to the initial schedule, the expectations of the politico-military movement and the people’s eagerness to see the chapter on rebellions finally come to an end. The need to create a safe environment conducive for the holding of the next presidential and legislative elections, has given a special dimension to the DDR and has raised the stakes.

118. For most of the armed groups, the major concern is provision of food for their men while they wait for the disarmament and demobilization phases to actually commence. The need to cope with this situation led the Steering Committee to adopt, on 3 November 2009, emergency measures which include, organising a pre-assembly, during which the combatants would receive subsidies until the deployment of observers, and a quick set-up of Local Committees for the DDR programme. In addition to these difficulties is the issue of financial management of the programme. So far, of the five armed movements, only four have provided a list of their fighters.

119. Within the framework of the implementation of the first pillar of its Poverty Reduction Strategy (PRSP) presented in Brussels on 26 October 2007, and following an initial workshop on the Security Sector Reform (SSR) in April 2008, the Government organized, on 29 October 2009, a sectoral Roundtable on the SSR during which a series of projects intended to restore the security sector were presented to participants. The Central African Government expects a joint response from Member States of the AU in order to implement certain identified projects and permanently improve the security situation in the country.

120. The consolidation of the progress achieved requires the continued commitment of all Central African stakeholders. It also requires members of the international community to continue to work closely together in order to maximize their support and to enable CAR to meet the upcoming deadlines. Moreover, it is important to continue to mobilize the financial and technical support necessary for the socio-economic rehabilitation of CAR and the consolidation of peace.

k) Cote d’Ivoire

121. The delays in drawing up the provisional voters list made it impossible to respect the deadline of 29 November 2009, which was initially set for the presidential election. This EX. CL/565 (XVI) Page 36 list was posted on 22 November 2009, but, as from 13 November, it could be consulted on the Internet, by SMS and by telephone. It includes 5,300,586 persons whose Ivorian nationality had been ascertained by a process of computer-assisted cross-checking of enrolment files with reference history files, mainly the 2000 electoral list, and, on the other hand, a further 1,033,985 persons whose Ivorian nationality is subject to verification. During its meeting of 3 December 2009, the Permanent Consultative Framework (PCF) endorsed the proposal of the President of the Independent Electoral Commission (IEC) in respect of holding the first round of the presidential election in the period “end February – beginning March 2010”. Of a total of 20 candidates for the presidential elections submitted to the IEC between 26 August and 16 October 2009, fourteen candidates were selected by the Constitutional Council, which published the list on 20 November 2009. Amongst the candidates selected are the following three main actors on the Ivorian political scene: Laurent Gbagbo, Henri Konan Bédié and Alassane Dramane Ouattara.

122. Concerning military issues, on 16 November 2009, the President of the Republic took the expected decisions relating to the award of grades to units of the Armed Forces of the New Forces (FAFN) and to the status of those units which had joined the Integrated Command Centre (ICC) or had volunteered to join the new army. However, there has not been any significant progress in the implementation of the 4th Supplementary Agreement to the Ouagadougou Political Agreement with regard to the aspect on demobilization and reintegration of former combatants, as well as the dismantling of militias. Similarly, external funding made available to the National Programme for Community Reintegration and Rehabilitation (PNRRC) and the National Civic Service Programme (PSCN) did not match expectations. In addition, it was noticed that only a few units of the ICC, which is especially responsible for securing the electoral process, had been deployed.

123. On 29 October 2009, the United Nations Security Council adopted Resolution 1893 (2009). This resolution, among others, renewed until 31 October 2010, the sanctions imposed on Côte d’Ivoire relating to the arms embargo, measures against individuals concerning financial assets and travel restrictions, as well as the prohibition of the importation by any State of all rough diamonds from Côte d’Ivoire.

124. On 20 November 2009, I visited Côte d’Ivoire and held in-depth discussions with President Laurent Gbagbo. We reviewed developments in the country’s situation, with special emphasis on the steps leading to the holding of the presidential election. In that connection, I encouraged all Ivorian stakeholders to positively commit to work for the crisis exit process and to establish the best possible conditions for holding, in an atmosphere of appeasement, elections that are democratic, transparent and credible.

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i) Liberia

125. In Liberia, the overall security situation remains stable. Peace-building programmes and activities have been sustained and continue to make steady progress. The United Nations Mission in Liberia (UNMIL), whose mandate was renewed in September 2009, continues to maintain a credible presence in the country. It is worth noting that the Government of Liberia made renewed efforts in August 2009 to put the Liberian Poverty Reduction Strategy (PRS), now in its second year of implementation, back on track, after slow progress was recorded as a consequence of the ongoing global financial crisis.

126. The country continues to face challenges related to the implementation of the recommendations contained in the Truth and Reconciliation Commission (TRC) report and governance issues – specifically in the area of corruption, youth unemployment and preparations for the 2011 elections. The implementation of the TRC recommendations has been put on hold by the National Legislature, with intention to revisit the recommendations and decide on the way forward. A recent senatorial by-election held in the Montserrado County in November 2009 was generally successful, but had some irregularities that ought to be addressed prior to the 2011 elections. The Threshold Bill has not yet been passed by the National Legislature, raising fears that the 2011 elections may have to be delayed.

127. In conclusion, I encourage the Government of Liberia to persevere in its efforts aimed at consolidating and sustaining the remarkable progress that has been made over the past years, with particular attention to issues relating to capacity building and development of national security and rule of law institutions. I urge the international community to continue to provide the support required, in this respect.

m) Guinea

128. During the period under review, the situation in Guinea worsened. The de facto authorities backpedalled on all the commitments they made during the ECOWAS Summit of January 2009 and on the basis of which the AU and ECOWAS, with international community support, had decided to accompany the process of restoring constitutional order. In addition, the situation on the ground had recorded dramatic developments with the deliberate killing of unarmed civilians by units of Guinean security forces, during a peaceful demonstration organised by the democratic opposition on 28 September 2009 in the Conakry stadium.

129. As a result, during its 207th meeting held on 29 October 2009 at the level of Heads of State and Government, the PSC requested the Commission to take all necessary measures to implement the targeted sanctions against the President and CNDD members, as well as members of the Government and any other civilian or military individual, whose activities are aimed at maintaining the unconstitutional status quo in Guinea. At the same EX. CL/565 (XVI) Page 38 time, Council expressed its full support for setting up an International Commission of Inquiry into the events of 28 September 2009, and reaffirmed its full support to the mediation efforts by President Blaise Compaoré of Burkina Faso on behalf of ECOWAS in September 2009.

130. Subsequently, and in close collaboration with ECOWAS and members of the International Contact Group, the Commission drew up the list of individuals targeted by the sanctions. The measures stipulated in the above communiqué and the list of individuals concerned were later communicated to Member States, the United Nations Security Council and all other AU partners, in order to give them a universal character.

131. In the same vein, the United Nations Secretary General appointed the three members of the International Commission of Inquiry to investigate the killings, rape and other acts of violence perpetrated on 28 September 2009. Presided by Mr. Mohammed Bedjaoui, former President of Algeria’s Constitutional Council and former President of the International Court of Justice at The Hague, the Commission of Inquiry travelled to Guinea from 25 November to 4 December 2009. On 19 December 2009, the UN Secretary General, Mr. Ban Ki-moon, forwarded the report of the Commission to the Security Council, the AU Commission and ECOWAS Commission.

132. At the same time, President Compaoré pursued his mediation efforts, by holding negotiations in Ouagadougou and talks with the various stakeholders. The AU, notably through my Special Envoy to Guinea, Professor Ibrahima Fall, supported the negotiation process. During this time, the President of CNDD’s aide de camp attempted to assassinate him for reasons related to the international inquiry on the killings of 28 September 2009.

133. It is within this context dominated by the tension generated by these various occurrences, as well as the advent of General Sékouba Konaté, Minister of Defence, as coordinator of CNDD and acting head of the State, that the ninth session of the International Contact Group on Guinea, which was co-chaired by the AU and ECOWAS, held in Ouagadougou on 13 December 2009. The Final Communiqué adopted on that occasion stipulated, among others, the establishment, without further delay, of a new consensual authority for the transition; completion of required preparations to pave the way for holding legislative and presidential elections as soon as possible in 2010; speedy implementation of appropriate measures to guarantee political parties and political leaders full exercise of activities; respect of the pledge that neither the President and other CNDD members nor the Prime Minister shall be candidates in the next elections. The Group also reiterated its call of 12 October 2009 on ECOWAS to establish, in consultation with the Mediator and with the help of its partners, an international observer mission.

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134. I urge all Guinean parties to seize the opportunity offered by the mediation efforts of President Blaise Compaoré, to seek a consensual platform with a view to a return to constitutional order in strict compliance with relevant ECOWAS and AU decisions. The Commission is closely watching developments and conducting consultations with Guinean personalities as well as regional and international stakeholders. The planned meeting of the International Contact Group on Guinea at the end of January 2010, in Addis Ababa, is part of this proactive approach by the AU with a view to a speedy crisis exit and return to constitutional order.

n) Guinea Bissau

135. During the past period, I continued to monitor developments in the situation in Guinea Bissau following the sad events this country experienced. In the same context, the Special Session of the Assembly of the Union on the consideration and resolution of conflicts in Africa, with respect to Guinea Bissau, agreed to ensure the rapid deployment of a joint AU-ECOWAS stabilisation mission, for the purpose of consolidating peace and stability, to lend the required support for reforming the security sector, in the area of post- conflict reconstruction and development, as well as in respect of combating drug trafficking; to request the Commission to finalize its consultations with Guinea Bissau authorities and ECOWAS on the means of creating the proper conditions for the conduct of a credible inquiry into the political assassinations perpetrated in the country in 2009 ; and to request the Commission and ECOWAS to organize a regional conference on post- conflict reconstruction, stabilisation, security sector reform (SSR) and drug trafficking, with a view to drawing up a global and well-coordinated strategy on these issues.

136. In pursuance of that decision, I sent a team of Commission officials within the framework of an AU/ECOWAS joint evaluation mission to Guinea Bissau from 30 October to 10 November 2009. Its evaluation shows that the SSR process is under way. The census of servicemen using the biometric method, with assistance from UNDP, shows that the Guinea Bissau army is composed of 4,565 soldiers in the following proportions: 42% officers, 31% privates and 27% sergeants. The census of ex-servicemen, conducted with assistance from the European Union (EU), involved 5,860 soldiers, of whom 85% are men and 13% women. The number of soldiers to be struck off the roll will be determined on the basis of actual needs of the country, and that operation will be financed by a pension fund.

137. Concerning the inquiry into the assassinations, the Government has already set up a national commission and requested assistance for establishing an International Commission of Inquiry. Guinea Bissau authorities, having reaffirmed their determination to put an end to impunity, await the international community’s response on the issue. In the same vein, the determination shown by political authorities to fight drug trafficking significantly curbed this phenomenon. It is worthwhile, at this point, to cite difficulties related to the country’s geographic configuration. Its insular portion comprises 81 islands, EX. CL/565 (XVI) Page 40

21 of which are uninhabited; which makes it fertile ground for all forms of trafficking. The authorities reiterated the need to lend them support to combat this scourge and for international assistance in terms of provision of training and equipment.

138. In addition, national reconciliation, which is perceived as a pre-condition for reconstituting the national fabric and for social cohesion, was the object of a bill by the National People’s Assembly. The international community is, once more, called upon to support this bill. Lastly, within the implementation framework of the Praia Plan of Action, the Government has requested the AU and ECOWAS for technical assistance to finalize and cost the projects to be submitted to the donors’ conference in Abuja, which was initially scheduled for the end of 2009, but was postponed to the beginning of this year.

139. It should be recalled that, in the meantime, the situation has evolved positively with the holding of the presidential election, which was deemed to have been fair, transparent and credible by all international observers, including those from the AU. Though, with the election and assumption of office by President Malam Bacai Sanha, legality and legitimacy have been re-established, the still fragile political, economic, social and security situation demands consolidation.

140. I would like to recall that the appropriate part of the Tripoli Plan of Action, which focuses on post-conflict development and reconstruction in Guinea Bissau, the International Commission of Inquiry and national reconciliation, is a logical sequence to the Praia Plan of Action. The latter, which was adopted during the Round Table conference held in April 2009, is essentially based on SSR, judicial sector reform, fight against drug trafficking and institutional reforms. It is in consideration of the complementary nature of both documents that the joint evaluation mission was led to take stock of efforts made since the adoption of the Praia Plan of Action, and to envisage the provision of technical assistance to prepare the donors’ conference mentioned above. It is on the basis of these conclusions that I continue to examine the terms and conditions for the deployment of the mission for the consolidation of peace and stability in Guinea Bissau, in coordination with the national and international parties concerned.

o) Mauritania

141. Pursuant to relevant AU decisions and to mark an end to its mission, International Contact Group on Mauritania met in Nouakchott on 10 September 2009. On that occasion, the Group reviewed developments in the situation in Mauritania since the Dakar Framework Agreement was signed in Nouakchott on 4 June 2009. Participants commended the measures taken to implement the Agreement, notably the return to constitutional order and the holding of the presidential election on 18 July 2009, which has been judged as transparent, credible and fair by all international observers. Within the framework of separate consultations which the Group held with delegations of Mauritanian EX. CL/565 (XVI) Page 41 political poles, signatories to the Framework Agreement, representatives of the three poles reaffirmed their commitment to Article 4-vii of the Dakar Agreement on the inclusive national political dialogue. The Group recommended that the implementation of this point of the Agreement be done in a timely and consensual manner.

142. Participants underscored the need for substantial financial and economic assistance to consolidate the progress made. Consequently, they appealed to all bilateral and multilateral partners to provide the required assistance. In that regard, and as was suggested by the Group, I intend, in consultation with Mauritania’s partners involved, to examine with them the possibility of holding a meeting to mobilize greater assistance for Mauritania, during the first half of 2010.

143. Later, I sent a letter to the Mauritanian Head of State in which I noted with satisfaction the reaffirmation by the three Mauritanian political poles, signatories to the Dakar Framework Agreement, of their commitment to Article 4-vii of the Agreement. In that regard, I underscored the crucial importance of implementing, in a timely and consensual manner, the various commitments; as such a move will greatly contribute to deepening the democratic process in the country and consolidating the achievements recorded since the signing of the Dakar Framework Agreement. I reaffirmed the AU’s determination to continue working to mobilize its Member States and partners to support efforts by the Government and other Mauritanian stakeholders.

p) Western Sahara

144. During the period under review, the stalemate over the question of Western Sahara has basically remained unchanged, with the Personal Envoy of the UN Secretary-General, Ambassador Christopher Ross, continuing with his efforts to re-launch the direct negotiations between the Kingdom of Morocco and the Frente POLISARIO, within the context of the Manhasset process.

145. It will be recalled that four rounds of direct talks between the two parties were convened in Manhasset, New York, pursuant to UN Security Council resolutions 1754 and 1783 (2007) and 1813 (2008), which had called for "direct negotiations without preconditions and in good faith..., with a view to achieving a just, lasting and mutually acceptable political solution which will provide for the self-determination of the people of Western Sahara…”. The UN Security Council, in resolution 1871(2009) adopted in April 2009, further renewed its call to the parties to cooperate with the UN Secretary-General towards the implementation of its previous resolutions on the holding of direct negotiations.

146. As the UN Security Council had also endorsed the proposal to hold "small, informal talks", in preparation for a fifth round of negotiations, such a meeting was held last August in Austria. While no breakthrough was achieved at the meeting in Durnstien, the Kingdom EX. CL/565 (XVI) Page 42 of Morocco and the Polisaro Front were reported to have held discussions in an atmosphere of mutual respect. The two parties reiterated their commitment to continue with the negotiations as soon as arrangements are finalized through further consultations. The Personal Envoy of the UN Secretary-General has since continued with his consultations with the parties, as well as with Algeria and Mauritania, as neighbouring countries, but has not, as yet, been in a position to announce the date and venue for the next meeting, as a follow-up to the talks in Austria.

147. In the meantime, events have unfolded in the Territory, with possible negative implications for the difficult and challenging peace efforts now underway in the mediation. There has been some recent escalation of tension in the Territory between the Moroccan authorities and the Sahrawi human rights and pro-self-determination activists, resulting in incarceration and deportation to destinations outside the Territory. The situation of Ms Aminatou Haidar, who went on a thirty-two day protest hunger strike in Lanzarote, the Canary Islands, to where she had been deported, provoking sympathetic worldwide concerns on her plight, is a vivid case in point. Obviously, such and other similar incidents are linked to the non-resolution of the conflict, which situation cannot but engender deep frustration and heighten anger amongst those who have remained the objects of unfulfilled promises, still denied the inalienable right of determining their future.

148. Finally, the African Union holds the view that the direct negotiations called for by the UN Security Council have so far remained unproductive as a result of the pre-conditions being set for the negotiations, namely the position limiting their scope to the sole option of a status of “autonomous region” for the Territory, contrary to the injunctions contained in the resolutions that mandated the talks in the first place. As the stakes involved for the sub-region, and indeed for Africa as a whole, are critical, it is our fervent hope that the possibly precious opportunity of breaking the impasse towards the achievement of a peaceful resolution of the dispute through negotiations will not again be squandered. The AU Commission continues to consult based on the UN Secretariat and others with the guidelines contained in the Plan of Action adopted by the Tripoli Special Session of the Assembly.

5. DEVELOPMENT OF AN AU MEDIATION STRATEGY

149. During the period under review, the Commission has embarked on a process aimed at enhancing its capacity to mediate conflicts. In this respect, and within the context of the UN-AU Ten Year Capacity-Building Programme Framework signed in December 2006, the AU and the UN have developed a joint work programme titled “2008-2010 Work Programme to Enhance the AU’s Mediation Capacity.” The two-year mediation work programme revolves around the following four clusters of activities:

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- providing regular training in mediation for current and future AU staff at headquarters and in the field. This entails the development of an AU-tailored curriculum;

- establishing a roster of potential envoys and a roster of technical mediation experts for deployment by the Chairperson of the Commission in situations of actual and potential conflict;

- establishing effective systems of communication, information-sharing and decision-making between partner organizations in the field and between their respective headquarters and the field; and

- convening regular lessons learned workshops on mediation efforts undertaken by the AU, the UN, and various actors in Africa, to be used as a basis to develop and update the AU strategic approach in mediation.

150. In the same vein, the Commission convened a Seminar on mediation, in Addis Ababa, from 15 to 16 October 2009, in which participated all AU Special Envoys and Representatives and Heads of AU Liaison Offices, as well as senior officials of the RECs, the United Nations, the League of Arab States, OIF, EU, and various think tanks. The Seminar made a number of recommendations to strengthen the AU and the RECs’ mediation capacity. The AU mediation programme will be among the main features of the 2010 Africa’s Year of Peace and Security.

6. IMPLEMENTATION OF THE AU BORDER PROGRAMME

151. During the period under review, the Commission pursued efforts for the implementation of the AU Border Programme, as endorsed by the Executive Council at its ordinary session held in Accra in June 2007. This Programme revolves around three areas: delimitation and demarcation of African borders which have not yet undergone this process; development of cross border co-operation; and capacity building. The overall objective is to prevent conflicts and speed up the integration process.

152. It should first of all be emphasized that the Commission jointly held with the RECs, five regional workshops designed to raise the awareness of the various actors involved in the AU Border Programme and to facilitate the elaboration of regional action plans. This process began in 2008. The regional workshop for southern Africa was held in Windhoek in October 2009 during the period under review, following workshops organized in Ouagadougou in April for West Africa and in Libreville in May for Central Africa.

153. Furthermore, the Commission organized a conference on maritime boundaries and the issue of the continental shelf in Accra from 9 to 10 November 2009. This Conference enabled the identification of measures to be taken in order to consolidate the progress EX. CL/565 (XVI) Page 44 made in the delimitation of maritime boundaries of Member States. The Conference also enabled the discussion of issues on the management of maritime resources, as well as capacity building. Moreover, in pursuance of the elaboration of a legal instrument on cross border co-operation, the Commission organized a workshop of government experts on a draft African Convention on cross border co-operation in Bamako from 3 to 4 November 2009. At the end of the meeting, the experts adopted the preliminary draft of the Convention, with amendments presented by some States. Finally, it is worth observing that the Commission organized a technical workshop in Addis Ababa to elaborate a Manual of Good Practices on delimitation and demarcation.

154. During the past year, considerable progress was made in the implementation of the AU Border Programme. In the next phase, it will be a question of consolidating these strides and moving to a more practical stage involving the delimitation and demarcation of borders and cross border cooperation. Efforts will also focus on the holding of the 2nd Conference of African Ministers in charge of Border Issues, scheduled for Cairo, in Egypt, in March 2009, nearly half a century after the OAU Summit held in the Egyptian capital adopted the Declaration on the inviolability of borders inherited at independence. Regarding partnership, the Commission will pursue its dialogue with other partners in order to mobilize more considerable support for the AU Border Programme. Currently, the German Cooperation (GTZ) is the only technical and financial partner of the AU Border Programme.

7. SECURITY SECTOR REFORM

155. Council will recall that, in January 2008, the Assembly adopted decision Assembly/AU/Dec.177(X), which “encourage (d) the Commission to develop a comprehensive AU Policy Framework on Security Sector Reform (SSR) within the context of the Policy Framework on Post-conflict Reconstruction and Development adopted by the Executive Council in Banjul, in June 2006”. In fulfilment of this decision, the Commission recruited an SSR expert in January 2009, and developed a 3-year project (2010-2012) to formulate a Security Sector Reform strategy.

156. In implementing this SSR project, the Commission will collaborate will Member States to ensure national ownership as a key principle in all SSR initiatives; RECs, for them to take an active role in SSR activities of their Member States; as well as the United Nations and other partners, in particular the EU, to mobilize the financial and technical support required. The Commission will also work with African think tanks and civil society. A partnership has already been built with the African Security Sector Network (ASSN) based in Accra, and plans are underway to include other African think tanks in the SSR project.

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8. DISARMAMENT

a) Small Arms and Light Weapons

157. During the period under review, a joint AU-EU workshop was held from 7 to 9 October 2009 at the Italian Ministry of Foreign Affairs in Rome. The meeting brought together representatives of both the AU and EU to assess the potentials and limits of partnership between the two organizations in the areas of SALW and demining. The AU side included the members of the Peace and Security Council. The presentation by the AU highlighted the developments at the AU towards the development of a Continental Strategy on SALW, and the partnership between the AU and the RECs through the ad-hoc AU- Regions Steering Committee on SALW, and how this partnership will foster harmonization of approaches on control of illicit proliferation, circulation and trafficking of SALW on the continent. The discussions highlighted the need to incorporate issues of SALW in peace keeping operations, since such operations, more often than not, include voluntary handing in of weapons by members of some of the fighting groups.

158. The second meeting of the ad hoc AU-Regions Steering Committee on Small Arms and Light Weapons was held in Bamako, from 2 to 4 December 2009. The Committee discussed the draft AU Strategy on Small Arms and Light Weapons. The draft final Strategy will be discussed during the third meeting of the AU-Regions Steering Committee scheduled for April 2010, before being submitted to a meeting of Member States’ experts, and then the Executive Council for consideration.

159. The next UN Biennial Meeting of States (BMS), to consider the implementation of the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UNPOA), is scheduled to take place at the UN Headquarters in New York, from 14 to 18 June 2010. In order to showcase the considerable progress that Africa has made in the implementation of programmes to address the scourge of SALW, and in order to commemorate the 10th anniversary of the Bamako Declaration on an African Common Position on the Illicit Proliferation, Trafficking and Circulation of SALW, and within the framework of the African Year of Peace and Security in 2010, it is proposed that Africa should coordinate its activities at the BMS, through the AU Commission.

b) Landmines

160. The African Union continues to address the challenges posed by landmines on the continent. It is against this background that the Commission supported the convening of the third Continental Conference of African Experts on Landmines in Pretoria, South Africa, from 9 to 11 September 2009. This meeting was intended to discuss the progress and challenges faced by Member States in addressing the problem of landmines. Since the adoption of the Kempton Park Plan of Action in May 1997, Member States have made EX. CL/565 (XVI) Page 46 significant progress towards the total elimination of anti-personnel mines. To date, at least five Member States have completed their mine clearance obligations under the Ottawa Treaty, while others are actively implementing their national demining programs.

161. During the third Continental Conference, an African Common Position was adopted in preparation for the Second Review Conference of the APM Ban Convention, which took place in Cartagena, Colombia, from 30 November to 4 December 2009. This African Common Position strengthens the efforts to promote Africa as a landmine-free-zone, provide assistance to victims of landmines, and mobilize resources for mine action efforts, while facilitating the appropriate involvement of civil society. The Commission will convene a meeting of Member States in 2010 to discuss a draft Plan of Action deriving from the Common Position, modalities for strengthening cooperation and coordination between regions and between Member States, and also to coordinate resource mobilization.

c) Pelindaba Treaty

162. The African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) was adopted by the 31st Ordinary Session of the OAU Summit held in Addis Ababa, in June 1995, and signed in Cairo, on 11 April 1996. The Treaty declares Africa a zone free of nuclear weapons, an important step towards the strengthening of the non-proliferation regime, the promotion of cooperation in the peaceful uses of nuclear energy, complete disarmament, and the enhancement of regional peace and security. On 22 June 2009, the Republic of Burundi ratified the Treaty of Pelindaba, and deposited its instrument of ratification with the Commission on 15 July 2009. With this ratification, the Treaty finally entered into force, thirteen years after it was signed.

163. In accordance with Article 12 of the Treaty (Mechanism for compliance), “For the purpose of ensuring compliance with their undertakings under this Treaty, the Parties agree to establish the African Commission on Nuclear Energy”. On its part, Article 14 of the Treaty states that “a Conference of all Parties to the Treaty shall be convened by the Depositary as soon as possible after the entry into force of the Treaty to, inter alia, elect members of the Commission and determine its headquarters. Further Conferences of State Parties shall be held as necessary and at least every two years, and convened in accordance with paragraph 2 (b) of article 12”. Accordingly, the Commission is planning to convene a Conference of all States’ Parties in April of 2010, to establish the African Commission on Nuclear Energy. Furthermore, the AU participated in the coordinating meeting for the Focal Points of the Nuclear Weapons Free Zones, which was held in New York on 12 October 2009. The meeting discussed a number of issues, including coordinating the forthcoming Review Conference of the Non-Proliferation Treaty (NPT), which is scheduled to be held in May 2010.

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9. TERRORISM

164. At its Sirte session held in July 2009, the Assembly adopted decision Assembly/AU/Dec.256(XIII) on the payment of ransom to terrorist groups. In that decision, the Assembly expressed great concern over the growing phenomenon of piracy, hostage taking and the resultant demands for ransom, considering that the latter constitutes one of the main methods of financing international terrorism. The Assembly reaffirmed the urgent necessity to consolidate the existing legal arsenal to combat terrorism and to adopt restrictive legal measures to combat the payment of ransom to terrorist groups.

165. Subsequently, the Special Session of the Assembly held in Tripoli, on 31 August 2009, reaffirmed the decision adopted in Sirte. On its part, the Commission has since taken steps to sensitize AU partners on the issue, including during the 13th Africa – EU Ministerial Troika meeting held in Addis Ababa, on 14 October 2009. The Commission has also taken steps to include provisions on the payment of ransom to terrorist groups in the draft model law on terrorism that is currently being finalized. Over the coming months, the Commission will intensify its efforts towards the mobilization of greater international support and the adoption of concrete measures at the international level to address this problem.

10. FUNDING OF AU LED PEACE SUPPORT OPERATIONS AND CAPACITY BUILDING

166. In line with relevant AU decisions, the Commission has continued to work actively on the issue of the funding of AU-led peace support operations and cooperation between the AU and the United Nations, in light of the December 2008 Report of the Panel established by the AU and the UN to consider the modalities for support to AU-led peacekeeping operations. One of the key developments during the period under review was the submission by the UN Secretary-General, on 18 September 2009, of a report on support to African Union peacekeeping operations authorized by the United Nations. The report, which was submitted as a follow-up to UN Security Council Presidential Statement of 18 March 2009, revolved around the following elements: the importance of a close strategic partnership between the AU and the UN, with indications on the kind of mechanisms and processes that should be put in place to enhance the partnership between the two organizations; assessment of the various mechanisms available to improve the predictability, sustainability and flexibility of financing AU peacekeeping operations authorized by the UN; and the key gaps in the capacity of the AU to plan, manage, deploy and liquidate peacekeeping operations, with proposals on how the UN could assist in building this capacity.

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167. Meeting on 15 October 2009 to discuss the recommendations contained in the report, the PSC stressed, once again, that the UN Security Council has the primary responsibility for the maintenance of international peace and security; that regional arrangements, in particular the African Union, have an important role to play in the prevention, management and resolution of conflicts, in accordance with Chapter VIII of the Charter of the United Nations; and that support by the United Nations to the regional organizations in matters relating to the maintenance of international peace and security are an integral part of collective security as provided for in the UN Charter. The PSC took note of the report of the Secretary-General and expressed the readiness of the AU to continue working with the United Nations towards ensuring predictable, sustainable and flexible funding for AU-led peace support operations, through assessed contributions.

168. On its part, the Security Council met on 26 October 2009 to consider the report of the Secretary-General. The AU Commission participated in the debate and reiterated AU’s position on the matter. In the Presidential Statement adopted at the end of the meeting, the Security Council welcomed the continuing important efforts to enhance the peacekeeping role of the AU and its sub-regional organizations. The Security Council reaffirmed its resolution 1809(2008), which recognized the need to enhance the predictability, sustainability and flexibility of financing regional organizations when they undertake peacekeeping under United Nations authorization. At the same time, the Security Council reiterated that regional organizations have the responsibility to secure human, financial, logistical and other resources for their organizations, including through contributions by their members and support from donors. The Security Council noted the assessment of the options for financing African Union peacekeeping operations authorized by the Security Council outlined in the report of the Secretary-General and expressed its intention to keep all options under consideration.

11. CONCLUSION

169. In conclusion, the past six months were particularly filled with activities. Many initiatives were taken, of which a follow-up should be ensured so that the decisions adopted would effectively be translated into actions. In this respect, the Year of peace and Security offers a unique opportunity to inject new impetus into the efforts designed to liberate the continent form the scourge of war, violence and instability. It will mean working still more resolutely for the establishment of the continental architecture for peace and security, operational and structural prevention of conflicts, resolution of ongoing conflicts and consolidation of peace where it has been restored. The doctrinal and legal instrumentation should also be continuously enriched.

170. Next year will assume a particular aspect since two fundamental instruments of the AU, which came into force in 2009, will be implemented, that is, the Pelindaba African EX. CL/565 (XVI) Page 49

Nuclear-Weapons-Free Zone Treaty and the Non-Aggression and Common Defence Pact. These instruments enrich the African doctrine on the promotion of peace, security and stability. It is still hoped that 2010 will finally see the coming into force of the African Charter on Democracy, Elections and Governance of which the respect will contribute, to a large extent, to the structural prevention of conflicts on the continent.

171. Beyond these expectations, the growing importance of common African actions which depend on solidarity and mutual assistance as much as on the exemplary nature of the internal and external behaviour of each of our States, should be able to make irreversible, the trend toward the application of African solutions to African problems, with the assistance of the rest of the international community. In fact, the geopolitical landscape of Africa presents less hotbeds of tension and crises at this beginning of the decade than during the past decades. While striving to strengthen the achievements made with new breakthroughs in conflict resolution, it is worth consolidating the results obtained in post- conflict reconstruction situations and promote preventive diplomacy with vigour.

III. REGIONAL INTEGRATION, DEVELOPMENT AND COOPERATION

III.1 INTEGRATION AND HUMAN CAPITAL DEVELOPMENT

1. EDUCATION

a) Higher Education

(i) Harmonization of Higher Education in Africa

172. To implement the AU Strategy for Harmonisation of Higher Education in Africa the Commission is working with UNESCO to revise the “Arusha Convention for the Mutual Recognition of Degrees and Certificates in Higher Education in Africa” as a basis for committing Member States and their higher education institutions to enhance harmonization and quality.

(ii) African Quality Rating Mechanism for Higher Education

173. The Commission has developed a questionnaire as a tool to implement the African Quality Rating Mechanism, with the objective to encourage quality bench marking and quality assurance in African higher education institutions.

(iii) The Mwalimu Nyerere African Union Scholarship Scheme

174. Twenty young African students are receiving full support towards their first degree studies in African Universities. A major challenge to the Nyerere Scheme is the high fees charged in leading institutions of higher education and research. The Commission EX. CL/565 (XVI) Page 50 therefore calls on Member States to consider negotiating with their institutions to reduce fees for African students under the Scheme.

(iv) The Pan African University Project (PAU)

175. The PAU will be a network of institutions of higher education and research, co- ordinated through hubs of leading institutions selected for their superior programmes and facilities. It is an initiative aimed at enhancing the quality and resource availability to higher education and research, and ensuring that this sector contributes fully to Africa’s development. The institutions to be involved in the PAU have to meet the highest quality standards and the hosting Member States shall make a commitment to support the institution and ensure a conducive environment for quality assurance and welfare of international students.

176. The Commission has appointed a High Level Panel to further develop the project. The preliminary accomplishments and recommendations were submitted to the ordinary session of the Conference of Ministers in charge of Education in November 2009 who endorsed the five thematic areas but directed that further consultations be made with the governments of Member States and Regional Economic Communities to agree on how to allocate the themes to the five regions. Moreover, the Pan African University has been the core of the working visit paid by the Commission to various USA institutions.

b) AU Specialised Institutions in Education

(i) CIEFFA- AU Specialised Institution for the Education of Girls and Women

177. The Commission carried out an organization audit of CIEFFA based in Ouagadougou, Burkina Faso and has begun capacity building and alignment of the financial and administrative systems of CIEFFA with those of the Commission. CIEFFA is challenged by limited capacity to serve the whole continent.

(ii) IPED- AU Specialised Institution of Education Observatory

178. The “Institut Pan-Africain de l’éducation pour le Développement” (IPED), based in Kinshasa, Democratic Republic of Congo, has taken up its role as the African Education Observatory in Education Management Information Systems (EMIS). With technical support from the Association for the Development of Education in Africa (ADEA), IPED has started training Member States EMIS experts, and produced the first “Africa Eye on Education” Report which was submitted to the Conference of Ministers of Education in November 2009. Member States are called upon to submit their reports to the Observatory in a timely manner.

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179. There is urgent need to mobilize financial support for these two institutions from Member States and development partners.

2. SCIENCE & TECHNOLOGY AND ICT

a) African Union Scientific Awards Programme

180. The AU Scientific Awards programme (2009) targets young researchers at national level, women at the regional level and researchers at continental level in Basic Sciences, Technology and Innovation and in Earth and Life Sciences. The implementation of this programme directly involved Member States and Regional Economic Communities (RECs). The national and regional awards ceremony was held on 9 September 2009. The 2 continental awards will be given to the winners during the 2010 January Summit.

b) GMES and Africa Project

181. The Global Monitoring for Environment and Security (GMES) and Africa programme is an initiative that has to be reported on during the EU-Africa Summit of 2010. The programme is well advanced and good cooperation exists between AUC, the African RECs, the EC and Portugal, and in particular with the European Commission Joint Research Center (EC-JRC) in the development of the draft baseline. The zero Draft of the action plan is completed and an external review of the document is currently being undertaken for further consolidation prior to the 2010 validation workshops.

c) Bureau of African Ministerial Conference on Science and Technology (AMCOST)

182. The Commission organized a Bureau meeting of AMCOST which was hosted by the Republic of Burundi on 5 June 2009. The key recommendations of the Bureau meeting were: the need to expedite the establishment of the Education, Science and Technology Fund for a report to be submitted to the AMCOST IV; the endorsement of the Pan African Intellectual Property Organisation (PAIPO) Constitutive Act and the setting up of a Taskforce to draw a roadmap for the operationalization of the African Union Observatory on Science, Technology and Innovation in Equatorial Guinea.

d) The Washington DC Link

183. An AU Commission delegation led by the Commissioner for Human Resources, Science and Technology paid a working visit to the USA with the objective of engaging various strategic USA institutions and the Department of State to open a dialogue aimed at developing strategic partnerships and collaboration to support AUC flagship programmes in education, science and technology. The outcomes and the recommendations of this EX. CL/565 (XVI) Page 52

Mission formed a concrete foundation for strategic partnerships in capacity building, technical assistance and resource mobilization for continental and regional initiatives.

e) The Africa-Connect for Research and Education

184. A feasibility study on the Africa-Connect project was launched. The study will consider the strategic and technical aspects for consolidating the emerging National Research and Education Networks (NRENs) and providing them with sufficient capacity to provide internet connectivity to the research and education community and connecting the Regional networks to the European GEANT2. The project was presented to the EDF Committees in October 2009 Sessions.

f) Extraordinary Session of the Conference of Ministers in charge of Communication and Information Technologies (CITMC)

185. In the process of preparation for the Debate on the theme of the January 2010 Assembly on “Information and Communication Technologies in Africa: Challenges and Prospects for Development”, the Commission organized an Extraordinary Session of the Conference of Ministers in charge of CITMC in Johannesburg, Republic of South Africa, from 2 - 5 November 2009. This meeting adopted appropriate recommendations, including the need to create an Enabling Environment for ICT Growth, the development of an ICT Infrastructure so as to ensure Africa’s visibility and participation in the Economics of the Internet and build Africa’s Capacities and promote Research and Development in ICTs. The outcome of this meeting, including the Oliver Tambo Declaration adopted at the end of the session is submitted under a separate report.

g) Biosafety

186. The Commission convened meetings in three African regions to discuss the possible ways to harmonize and coordinate biosafety initiatives. Likewise, a Technical Advisors Committee Meeting was held in September 2009 to discuss three issue papers on biosafety, which would be published by the Commission and be used as guidelines for Member States in implementing their international obligations under the Cartagena Protocol on Biosafety.

3. HEALTH AND SANITATION

a) Promotion of Nutrition for Health and Development

187. The majority of Africans still have to grapple with chronic hunger, under-nutrition and malnutrition due to inadequate access to food, or access to food that lacks essential micro-nutrients. This reduces their natural ability to fight disease, the physical ability to EX. CL/565 (XVI) Page 53 work or attend to other basic activities, and for children, it reduces their intellectual development. To harmonize nutrition strategies and facilitate the operationalization of the Africa Regional Nutrition Strategy (ARNS) which covers 2005-2015, the 2nd Meeting of the African Task Force on Food and Nutrition Development (ATFFND) was organized by the AU in collaboration with UN partners in Addis Ababa, from 24 to 26 November 2009. Nutrition being a cross-cutting issue, good coordination and adaption of a multi-sectoral approach were underscored. The RECs, Regional Health Organizations, NGOs and UN partners which work closely with Member States were urged to scale up efforts to urge countries implement the priority actions in the ARNS, and fight hunger and malnutrition so as to attain the MDG targets in this respect.

b) Control of HIV/AIDS, Tuberculosis, Malaria and Other Infectious Diseases

188. Infectious diseases continue to be a major challenge to socio-economic development in Africa, with HIV/AIDS, TB and Malaria comprising the big three killer diseases. Prevention remains the main strategy for controlling these diseases. The target set in 2006 by AU Heads of State and Government for universal access to health services and for Malaria elimination is 2010. Although Member States, in partnerships with stakeholders at different levels, have achieved a lot towards the attainment of related indicators, much more remains to be done. Concerning Malaria, commendable strides have been made; including greater involvement of some Heads of State and Government. With a view to engaging all stakeholders to accelerate efforts, the Commission, in collaboration with relevant UN partners, convened the 3rd Inter-Agency Meeting on Coordination and Harmonization of HIV/AIDS, TB and Malaria Strategies in Africa in Addis Ababa from 28 to 30 October 2009- under the theme: “Progress towards Achievement of Abuja Call for Universal Access to HIV/AIDS, TB and Malaria Services by 2010: The Final Push for Action”. The Meeting was attended by representatives of the AU, RECs, regional health Organisations and Regional CSOs. The following recommendations were made for the final push for action:

(i) Monitoring and evaluation of progress should be made in implementation of the recommendations, and plans for better coordination and harmonization of efforts by stakeholders should be elaborated. (ii) Priority actions to be taken to support countries in the “final push” towards Universal Access to HIV/AIDS, TB and Malaria Services by 2010, and the MDGs by 2015 were identified for implementation; (iii) Strategies should be elaborated for the 5-year Review and preparation of the Reports on the status of implementation of the 2006 Abuja Call, and Africa’s Common Positions to the UNGASS should be adequately made; (iv) Better understanding of resource gaps and investment needed for universal access should be promoted and a concrete plan of action for tackling the potential impact of the global economic crisis on health financing in Africa should be made; EX. CL/565 (XVI) Page 54

(v) A concrete action plan should be agreed on how to facilitate the development and operationalisation of the Pharmaceutical Manufacturing Plan for Africa; (vi) Good practices and experiences on the response to HIV/AIDS, TB and Malaria should be shared.

c) Campaign on Accelerated Reduction of Maternal Mortality in Africa (CARMMA)

189. It should be recalled that the Commission launched in May 2009 a Campaign on Accelerated Reduction of Maternal Mortality in Africa (CARMMA) which is aimed at heightening awareness and increasing political commitment. Obviously, maternal and child mortality rates remain very high on the continent and there is a strong linkage between high mortality rates and poor performance in development as well as governance. The Commission is committed to assist Member States and other stakeholders in addressing this developmental challenge through enhanced advocacy and mobilizing political will. Since May 2009, a number of Member States (including Chad, Ethiopia, Ghana, Mozambique, Malawi, Namibia, Nigeria, Rwanda, Swaziland) have launched CARMMA at national level, which is an indication of ownership of the Campaign and the programmes outlined in its strategy. As per the Decision of the Assembly of January 2009, the July 2010 Summit will debate on maternal and child health as a major theme and the Commission is making the necessary preparations to that end. Member States are equally urged to adequately prepare for this important debate.

4. HUMAN AND SOCIAL WELFARE

a) Implementing the AU Policy Framework and Plan of Action on Ageing

190. The Steering Committee was formed within the framework of the AU Policy Framework and Plan of Action adopted in 2002, and the recommendation of the 1st Session of AU Conference of Ministers in charge of Social Development that took place in Namibia in October 2008. The Members of the Committee were selected from the same countries as the Members of the 1st Bureau of Ministers in charge of Social Development, namely: Burkina Faso, Equatorial Guinea, Kenya, Libya and Namibia. Other members are representatives from the United Nations Economic Commission for Africa (UNECA), Help Age International- Africa region, African Network on Ageing and the Commission.

191. During its meeting held in May 2009, the Steering Committee agreed on a draft work plan made of the following: a) Linking the AU Policy Framework and Plan of Action of Ageing to the Social Policy Framework; b) Drafting Modalities for the establishment of the Advisory Council; c) Advocacy, lobbying and communication strategy. The Work Plan will be finalized at the next meeting of the Steering Committee.

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b) Promoting the Welfare of Persons with Disability

(African Decade of Disabled Persons)

192. In July 1999, the OAU Assembly of Heads of State and Government proclaimed 1999-2009 as the African Decade of Disabled Persons and subsequently a Declaration and Plan of Action were adopted to implement the Decade’s objectives. As the Decade is coming to an end this year, the 1st Session of the AU Conference of Ministers in Charge of Social Development in 2008 made a recommendation that the Commission conduct an evaluation of the progress made and challenges faced by Member States in implementing the Plan of Action and to assess if there is a need to renew the Decade for another 10 years.

193. In this regard, the Commission has sent to Member States a Questionnaire on the Plan of Action of the African Decade of Disabled Persons. The Commission is currently compiling the responses received from Member States into a consolidated report, for review by the 2nd Session of AU Conference of Ministers in Charge of Social Development.

c) Promoting the Welfare of the African Family

194. The AU Plan of Action on the Family adopted by the Assembly in July 2004 has the following overall objectives: promote the formulation and implementation of policies by Member States and monitor the policies and programmes to ensure the protection of and support to the African family so as to enable it to play a more effective and crucial role in Africa’s development. With a view to monitoring and evaluating the progress made and constraints faced by Member States in implementing the Plan of Action, the Commission developed a questionnaire, in May 2009 and circulated it to Member States. Subsequently, a consultant has been selected to examine the responses so far received. On the basis of the work of the Consultant, the Commission will submit a report on the issue to the 2nd Session of AU Conference of Ministers in Charge of Social Development.

d) Social Development

i. Accelerating the implementation of the Social Policy Framework

195. The Social Policy Framework is a comprehensive policy document adopted by the 1st Session of AU Conference of Ministers in charge of Social Development in October 2008 and endorsed by the Assembly in February 2009. The Commission is currently developing strategies for the implementation of the Social Policy Framework (SPF) within Member States which are called upon to domesticate this Policy and to put in place implementation mechanisms at national level.

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ii. Experts Group Meeting on Social Integration

196. It will be recalled that an Experts Group Meeting was held in Accra, Ghana from 17 to 19 November 2007 under the theme: “Practical Strategies to Promote Social Integration: Lessons Learned from existing Policies and Practices”, within the framework of ECOSOC Resolution 2008/2009. The Commission is striving to follow up on the recommendations of this meeting in preparation for the 48th Session of the UN Commission for Social Development (UN-CSD). The Commission will use this opportunity to advocate for its social development programmes and brief the Experts on the African Common Position on Social Integration and the SPF.

e) International Conference on Population and Development (ICPD+15)

197. The Commission collaborated with UN-ECA and UNFPA in conducting the 15-year review on the implementation of the Programmes of Action of the International Conference on Population and Development (ICPD+15). The Continental review Conference took place from 19 to 23 October 2009 in Addis Ababa. The Commission also organized the 7th Session of the Conference of African Population Commission (APC), which was held on 22 October 2009 on the margins of the ICPD+15 review Conference. A separate report is being submitted to the Executive Council in this respect.

198. Consistent with the ongoing AU-Leadership on Climate change debates and given its concern about the interface between population and environment, the Commission prepared the third edition of the State of African Population Report 2008, under the theme “Population Dynamic and Climate Change: Implication for Africa’s Sustainable Development”. The report was launched during the 7th Session of the APC and was also distributed to Member States and relevant partners.

f) Drug Control and Crime Prevention

199. Since July 2009, the Commission embarked on the implementation of the priority areas of the AU Plan of Action on Drug Control and Crime Prevention (2007-2012) in a joint project with the United Nations Office on Drugs and Crime (UNODC) as technical cooperating partner. This project was fast-tracked to implement the Assembly Decision of January 2009, to alert Member States on the threat of drug trafficking and associated security threats, which also urged the Commission to intensify the fight against drugs in collaboration with the ECOWAS Commission, UNODC and Interpol. Hence, the Commission supported a Donors Roundtable for the funding of the ECOWAS Regional Action Plan on Illicit Drug Trafficking and Organized Crime, which was held in Vienna, Austria, on 3 December 2009.

200. The first half of 2010 will see the substantive strengthening of capacity at the Commission for the implementation of the AU Plan of Action on Drug Control and Crime EX. CL/565 (XVI) Page 57

Prevention (2007-2012), as well as coordination and development of the African Common Position, in preparation for the World Crime Congress, scheduled to take place in Brazil in April 2010.

g) Labour, Employment and Migration

i. Labour and Employment

201. It should be recalled that the Ouagadougou Summit of 2004 placed employment at the top of the continent’s agenda. The Summit enjoined Member States to place employment at the centre of their economic and social policies. With the onset of the financial and economic crisis in 2008, employment levels have been directly affected in such economic sectors as mining, manufacturing and tourism. While the crisis has affected countries and sectors unevenly, the broad picture is that the impact has been adverse.

202. At its meeting in April 2008, the Labour and Social Affairs Commission (LSAC) addressed the implications of the Food Crisis that had spread across the developing countries including those in Africa. The effects of the crisis on Employment in Africa are too large and pervasive to ignore. It was only appropriate and timely that the LSAC meeting of 2009 assessed the impact of the crisis on Employment, and shared ideas on how the crisis can be mitigated.

203. The Seventh Ordinary Session of the AU Labour and Social Affairs Commission (LSAC) was held in Addis Ababa, Ethiopia, from 28 September to 2 October, 2009 under the Theme “Impact of the Global Crisis on Employment and Labour Markets in Africa” and whose report and recommendations are submitted to the Executive Council in a separate document, provided the opportunity for the participants to adequately address the implications of the crisis. Among others, the Meeting discussed and considered the Guidelines on Social Dialogue and the Productivity Agenda for Africa, 2010-2016, the Follow-up on the Recommendations of the 6th LSAC on the study on Informal Economy in Africa, the Program on the Informal Economy, the Report of the Chairperson of the Commission on Ouagadougou + 5 on Employment and Poverty Alleviation as well as the Economic and Financial Crisis and its Impact on Employment and Labour Markets in Africa and the Impact of HIV-AIDS, TB and Malaria in the World of Work. Special attention is drawn on the Resolution made by LSAC on the ratification of the instrument for the amendment of the 1986 Constitution of the International Labour Organization, the Declaration on the implementation of the Global Jobs pact in Africa and the resolution on the Palestinian Workers.

ii. Migration

204. The Commission launched the Initiative against Trafficking (AU.COMMIT) Campaign on June 16, 2009. AU.COMMIT Campaign is one of the major Programme of EX. CL/565 (XVI) Page 58

Activities of the Commission on Migration and Development for 2009-2012. At the centre of the AU.COMMIT Campaign is the implementation of the Ouagadougou Action Plan. The decision to hold this launch on the specified date is due to the significance of June 16 as the Day of the African Child. The launching of the AU.COMMIT Campaign on the same day was meant to reinforce the celebration of the day as the campaign aims at the elimination of trafficking in human beings especially women and children. The AU.COMMIT Campaign was launched under the Slogan: “Let’s Combat Trafficking in Human Beings Especially Women and Children”.

205. Furthermore, upon the invitation by the Government of South Africa, the Commission also launched the AU.COMMIT Campaign in South Africa during the regional conference organized by the Government of South Africa on the theme: “The implications of implementing laws and strategies to combat human trafficking in Africa through optimizing regional and international relationships”. The Regional Conference was held in Johannesburg, from 13 to 15 July 2009. The Conference was a very useful forum for the Commission to present and popularize the AU.COMMIT Campaign, the Ouagadougou Action Plan and the Migration Policy Framework for Africa. It has facilitated the introduction of the specific recommendations that Member States should take into account when they develop their own policies, promulgated legislations and launch campaigns against trafficking in human beings.

206. Moreover, regarding the establishment of an African Institute for Remittances (AIR), a Tripartite Meeting of AU, European Union and the World Bank was held in June 2009: The three partners agreed on the objectives of the project and expressed their commitment to support, each in their own capacity, the establishment of the African Institute for Remittances. Common ground, readiness and willingness to move forward were reaffirmed. Based on this tripartite discussion, it was agreed that the AU Commission will develop a revised project proposal for AIR. The Commission has now finalized the proposal and has submitted it to partners for their comments.

5. CHILDREN, YOUTH AND SPORT

a) Implementation of the African Charter on the Rights and Welfare of the Child

207. The Commission assisted the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to hold its 14th session in November 2009, during which the Committee considered 4 reports submitted by Burkina Faso, Kenya, Mali, and Tanzania, in conformity with Article 43 of the Charter which provides that State Parties to the Charter shall submit reports to the Committee on measures that they have adopted to give effect to the provisions of the Charter and on the progress made in the enjoyment of these rights. The ACERWC continues to encourage countries to submit their reports on the EX. CL/565 (XVI) Page 59 implementation of the Charter and show their commitment and political will to protect, promote and empower African children.

208. The Commission also hired a consultant to conduct an evaluation of the structures and functions of the ACERWC and to draft a 5-years Plan of Action in order to provide guidance for future work of the Committee.

b) Accelerate implementation of the Call for Accelerated Action towards Africa Fit for Children

209. As follow up to the 2007 adoption by the Assembly of the Call for Accelerated Action on the Implementation of the Plan of Action towards Africa for Children, the Commission endeavours to develop strategies and benchmarks in order to assist Member States to implement the commitments made in relation with the priority areas of the Plan of Action on Africa Fit for Children and the Call for Accelerated Action. In this connection, the Commission is developing a State of Africa’s Children report which will focus on and highlight the priority areas of the Plan of Action. The report will provide current data from Member States on the situation of children in their respective countries.

c) Youth Policy Development

210. The revitalization of the Pan African Youth Union (PYU) has been finalized and new office bearers have been appointed. The PYU is currently building the working strategies and frameworks in order to establish their own institutional mechanisms that will facilitate the working relationships with the national youth networks and regional organizations.

211. The African Youth Charter entered into force on 08 August 2009, after 15 ratifications. Currently, 18 ratifications have been registered and its popularization and implementation are under way in many countries.

d) Youth Development and Empowerment

i. Decade for Youth Development and Empowerment

212. The years 2009-2018 have been declared the Decade for African Youth Development. In this regard, the Commission is developing a 10-year Plan of Action (POA) for Youth Development, which must be implemented during the decade.

ii. African Union Youth Volunteers Corps

213. The Protocol and Manuals for the establishment of the African Youth Volunteer Corps have been finalized and training of trainers took place in November 2009. Youth volunteerism promotes the emergence of empowered youth, who will direct their energy and creativity to Africa’s development, to their own growth and enrichment. EX. CL/565 (XVI) Page 60

e) Sport

214. In the domain of African sport, the Commission is principally charged with the coordination of the implementation of the Policy Framework for the Sustainable Development of Sport in Africa (2008-2018), adopted by AU Conference of Ministers of Sport, and endorsed by the Assembly in January 2009.

215. The Policy Framework provides direction for the mainstreaming of issues related to sport not only to promote excellence, but also to use sport as a vehicle for social and economic development and integration, peace and security on the Continent. The Third Session of the AU Conference of Ministers of Sport took place in Abuja, Nigeria, from 12 to 16 October 2009, and primarily considered a future Architecture for African Sport. The Conference proposed that a future Directorate of Sport be established. This structure could be funded by a Sport Trust Fund, based on separate Member State contributions currently paid to the Supreme Council for Sport in Africa, and on a percentage of the income from the All Africa Games, among other funding options, and would thus operate on a self- financing basis. The Conference furthermore considered a time line and operational measures regarding the dissolution of the Supreme Council for Sport in Africa. In the first half of 2010, the Commission will devote efforts to potential opportunities and legacy for sustainable development that the 2010 FIFA World Cup will bring to the Continent.

III.2 INTEGRATION AND DEVELOPMENT OF INTERCONNECTIVITY

216. Since July 2009, the Commission has made significant headway in the execution of most of its major activities in the infrastructure and energy portfolio. In spite of some constraints relating specifically to non-disbursement of financial resources for a good number of projects, a situation that prevailed throughout the year, the Commission managed to organise and service three Ministerial conferences in the fields of maritime transport, ICT and hydrocarbons (oil and gas) which resulted in substantive outcomes for the future of Africa’s infrastructure development.

217. The Commission also successfully carried out the procurement processes for consultancy services for its key projects, notably the elaboration of the Programme for Infrastructure Development in Africa (PIDA) undertaken in collaboration with the African Development Bank (ADB) and the AU-NEPAD Secretariat and the pre-feasibility studies of the Dakar-N’djamena-Djibouti and Djibouti-Libreville Transport Corridors. These projects are set to be hallmarks of the genuine efforts of the African Union in its bid to strengthen the continental economic infrastructure.

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218. As part of building the capacities of the Union, the Commission initiated the establishment of the institutional architecture for infrastructure in Africa to ensure more effective Continental-wide coordination of sector programmes

219. The overall status of the progress made in the implementation of activities in specific sectors and sub-sectors of infrastructure and energy is outlined in the following sections.

1. TRANSPORT

a) Air Transport

220. In the course of implementing the Yamoussoukro Decision on the Liberalisation of Air Transport Markets in Africa, the Commission is continuing with the execution of the tasks to operationalise the Executing Agency within the structures of the African Civil Aviation Commission (AFCAC), elaborate Competition Rules and Dispute Settlement Mechanism as well as formulate the Common African Civil Aviation Policy (AFCAP).

221. As part of the ongoing dialogue on aviation matters between the AU and EU, the Commission is seeking for comments and views of the Member States and other stakeholders on the Draft AU-EU Joint Statement and Common Framework and Plan of Action on aviation cooperation. Also, the AU non-binding guidelines for the negotiation of air service agreements with the European Union which were adopted in April 2008 by the sector Ministers have been disseminated to Member States and Stakeholders.

b) Railway Transport

222. The studies which had been planned for execution during year 2009 could not be done due to non-availability of the budgeted funds which were all sourced externally. Arrangements have now been made to have them implemented beginning in 2010 in collaboration with the sector partners particularly the Union of African Railways (UAR) and the International Union of Railways (UIC). The studies relate to an African Railway Vision 2025, creation of a railway development fund for Africa, evaluation of the privatisation of African railways, harmonisation of standards for railway infrastructure and rolling stock and capacity building.

c) Road Transport

223. As mentioned previously, the pre-feasibility studies of the missing links on the Dakar-N’djamena-Djibouti and Djibouti-Libreville transport corridors were the major actions undertaken in this area. For the Dakar-N’djamena-Djibouti corridor, the bid process was completed and the Tunisia based consultancy firm, STUDI Group, was appointed and has EX. CL/565 (XVI) Page 62 already started work. The tender process for procurement of consultancy services for the Djibouti-Libreville transport corridor is ongoing. The Appointment of the winning consultancy firm is expected by early February 2010.

d) Maritime Transport

224. The major undertaking of the Commission in this area was the Second African Union Conference of African Ministers responsible for Maritime Transport which was jointly organized with the Government of the Republic of South Africa and held in Durban from 12 to 16 October 2009. Its main outcome was the adoption of the African Maritime Transport Charter (AMTC) which is the main policy and strategic framework for guiding the development and operation of the African maritime transport industry. Also, the Ministers adopted the Durban Declaration on Maritime Safety, Maritime Security and Protection of the Marine Environment. Their report is submitted to Member States for consideration in a separate document.

2. ENERGY

a) Establishment of the African Petroleum Fund

225. Following the finalization of the AU/AfDB joint studies on the African Petroleum Fund, the Commission organized three workshops aiming at validation and appropriation of the results of the studies. One of the significant results of the joint studies is the publication of The Book on Oil and Gas in Africa launched at the Second African Union Conference of Ministers in charge of hydrocarbons (oil and gas) held on 11 December 2009 in Addis Ababa.

226. As main outcomes, the Conference adopted a Policy Document, a Declaration and a Road Map on the operationalization of the African Petroleum Fund. On the other hand, a Task Force Group of high officials was recommended to be established to undertake the advocacy and the lobbing, resources mobilization and organization of donors’ roundtable.

227. However, the Conference could not reach a consensus on the voluntary or mandatory nature of the contributions of the Member States and the international oil companies doing business in Africa to the APF. The Conference requested the Assembly to guide whether these should be voluntary or mandatory contributions.

228. Consequently, it is strongly recommended that the AU Organs take a decisive position and assume the responsibility over the minimum contribution per country and per international oil and gas companies. Recommendations on the minimum contribution are made in the AUC/AfDB joint studies amounting to US 260 million as minimum capital to launch the Fund’s activities. Such commitment is necessary in order to guarantee the EX. CL/565 (XVI) Page 63 sustainability of the Fund and to seek support and financial contributions from development partners, in line with the pertinent decisions already taken by the Assembly in the past. Indeed, the contribution to the African Petroleum Fund which is one of the most promising instruments of regional integration and boosting of intra-African trade in oil and gas.

b) Hydropower 2020 Initiative Project

229. The main objective of “Africa Hydropower 2020” Initiative is to support and promote the exploitation and development of the hydroelectric potential of the major river basins in Africa. The implementation of the Hydropower 2020 Initiative is an extension of the directives of the 12th Ordinary Session of the Assembly held in February, 2009 in Addis Ababa, Ethiopia. The Commission has already begun preparing the Project Implementation and a request for funding under EU 10 million grant pledged at Port Moresby ACP Conference in 2006 has been forwarded to the European Union for appropriate action.

230. The major projects to support are, among others:

 Grand Inga hydropower and Inga III (DRC-Central Region);  OMVG hydropower (The Gambia, Guinea, Guinea Bissau and Senegal-West Africa);  Kafue Gorge Lower (Mozambique and Zambia –Southern Region) and Gilgel Gibe III hydropower (Ethiopia-Eastern Region).

231. For Inga III (4,300 MW), 15 to 20 million US$ are required for feasibility studies and 7.63 billion US$ for construction. For OMVG hydropower (360 MW) and transmission lines, the cost is estimated to 860 million Euros. For Kafue Gorge Lower, the construction cost is estimated to 2 billion US$.

232. The role of the Commission includes advocacy with donors and international funding partners; support on removing implementation constraints and organizing roundtables for mobilizing resources for the projects.

c) Africa-EU Energy Partnership

233. The Africa-EU Energy Partnership (AEEP) is one of the eight Partnerships of the Africa-EU Joint Strategy. Some concrete achievements of this partnership include:

 An analysis of current trends in energy policy, major infrastructure investments and regional integration, energy access programmes, and diversification of energy sources and renewable energy has been produced and approved in June 2009 EU-Africa Joint Experts Group meeting; EX. CL/565 (XVI) Page 64

 Recruitment of a technical expert in November 2009 to assist the Commission in the implementation of the AEEP and Road Map activities;  Preparation of the High Level Meeting of Africa-EU Ministers in charge of Energy which will be held in Vienna, Austria, from 20 to 22 April 2010 to adopt the AEEP Road Map and concrete actions as well as provide guidance for the preparation of the Second Africa-EU Summit and AEEP Action Plan.

234. One of the major results of this Partnership should be to support for concrete actions in African Capacity Development and the implementation of Quick Win Projects, such as the ones adopted by the 12th ordinary session of the Assembly in January- February 2009.

d) Regional Cooperation Project on the Geothermal Energy Potential Development for Eastern African Rift System initiated in June 2009

235. The Commission was given a mandate though the Addis Ababa Declaration of the Energy Ministers to promote, in cooperation with ICS-UNIDO, a strategic and collective regional project to be submitted to the European Commission (EC) and to other potential donors. Beneficiary countries are: Burundi, Comoros Islands, Djibouti, DR Congo, Eritrea, Ethiopia, Kenya, Rwanda, Tanzania, Uganda and Zambia. The project will be implemented in a three-years period (2010-2012) with a total cost estimated to be Sixteen Million Euros (Euros 16,000,000.00). Discussions on the project funding by EU are well advanced and should be concluded early 2010.

e) Africa-EU-Brazil Initiative on Sustainable Development of Bio-Energy in Africa

236. Following the recommendation of the Sub-Committee on Multilateral Cooperation of the PRC and the PRC, the Commission briefed the Second AU Conference of Ministers Responsible for Hydrocarbons (oil and gas) held in Addis Ababa on 11 December 2009 on the AU/EU/Brazil Initiative for Sustainable Development of Bio-Energy.

237. The implementation of this Initiative would start with the preparation of a number of feasibility studies to assess the potential and opportunities of interested African countries to produce bio-fuels. The next step would be the promotion of concrete projects based on the outcomes of the feasibility studies.

238. The Conference supported the initiative in principle and recommended that adequate studies be conducted in order to prevent the competition of land for food production and bio-energy production; and to ensure that Africa takes advantage of the bio-energy development to lift its population from poverty and to follow African Union rules on cooperation.

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239. The Conference further recommended that the Commission consult AU Member States on this initiative before signing any agreement with the two partners.

3. TELECOMMUNICATIONS, POSTS AND ICT

a) Telecommunications/ICT

i. Harmonization of policies and regulations in the Field of Telecommunication and ICT in Africa

240. As part of the implementation of the conclusions of the ICT Ministers, the Commission has carried out the following activities emanating from the Plan of Action:

 Implementation of the Reference Framework for the Harmonization of policies and regulations in the field of Telecommunication and ICT in Africa: Cooperation with the International Telecommunications Union (ITU) within the framework of a project known as ” Harmonization of the ICT Policies in Sub- Sahara Africa (HIPSSA)”, which involves 43 countries in Africa and aims at implementing certain activities in line with the Framework, particularly the formulation of regional model guidelines for Telecommunications and ICT regulations and laws.

 So far, the major achievement is the finalization and presentation of the comparative study of existing regional policy, legal and regulatory frameworks in Sub-Sahara Africa :

- In West Africa, experts have been recruited for national transpositions of laws and regulation in Côte d’Ivoire and Guinea; - In Central Africa, (i) drafting of Terms of Reference (ToR) regarding transposition of CEMAC Directives and; (ii) drafting of ToR regarding the preparation of a model law for ECCAS - In Southern Africa, (i) selection of experts for a review and update to the SADC policy and legal framework in the view of convergence and (ii) drafting ToR regarding the development of a cyber-security framework for the SADC region;

 The Commission has also been an active initiator of the establishment of the African Telecommunications and ICT Regulators Assembly aiming at creating a coordination platform for African Associations of Regulators, African Telecommunication Union (ATU) and the International Telecommunication Union (ITU) on all issues related to the regulation of the Telecommunication/ICT sector in Africa.

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ii. Pan-African e-Network Project for Tele-Medicine and Tele-Education

241. As earlier reported, the Pan-African e-Network project is an initiative of the Government of India, with the main objective of establishing a Pan-African Telecommunications network by satellite and fibre optics to provide Tele-medicine and Tele-education and diplomatic communications services to the 53 Member States of the African Union.

242. India offered to fund the project with an estimated budget of US$ 125 million, to be used for the supply and installation of equipment and software, leasing of the satellite bandwidth and submarine fibre-optic cable, as well as for the operation and maintenance of the network for a period of five (5) years. In addition, India will be responsible for capacity building of participating Member States and the payment of fees to the Indian universities that will offer courses to 10,000 students, 500 doctors and 1,000 nurses.

243. The Commission raised awareness among Member States and monitored the signing of the agreement to participate in the project. As of 1st December 2009, this agreement had been signed by 47 Member States. Countries which are not participating are: Algeria, Angola, Equatorial Guinea, South Africa, Sahrawi Republic and Tunisia.

244. The following sites/centres have been commissioned and/or integrated with the e- Network:

 Satellite Hub Earth Station in Dakar, Senegal has been operational since April 2008;  3 Regional Leading University Centres for Tele-Education;  1 Regional Super Specialty Hospital for Tele-Medicine;  26 Learning Centres (LCs) in African countries;  26 Patient-End Hospitals (PEs) in African countries;  23 VVIP Nodes (for video-conferencing and Voice over IP among the Heads of States) in African countries.

245. With regard to the usages of the network:

 120 Medical Consultations of one hour duration have been conducted, 238 CME Sessions have been held from Indian Super Specialty Hospitals;  698 students have got enrolled under various courses from the participating African Universities and 154 live sessions have been completed successfully. The details have been uploaded on Tele-education portal’s KMS.

iii. Creation of African Space Agency

246. Consultants have been hired to undertake the study for the creation of this Agency. The kick off of the study was scheduled on 28th of December 2009. EX. CL/565 (XVI) Page 67

b) Postal Sector

247. As part of the implementation of the conclusions of the Conference of African Ministers in charge of Communication and Information Technologies, the Commission has carried out the following activities emanating from the Plan of Action:

 Support to PAPU and RASCOM for the implementation of an e-post project;  Support to the implementation of money transfer in the Eastern Africa;  Follow up of the development of the sector within the Continent through an annual questionnaire;  Extension of the field of cooperation to the World Savings Banks Institute (WSBI) with regard to the development of Postal Financial Services in the Continent.

c) Other Activities

248. Other main activities implemented in the fields of Telecommunications /ICT include:

i. Central African Backbone (CAB)

249. The Central African Backbone (CAB) is an international telecommunications network made up of suitable on-ward terrestrial fiber connections to submarine fiber optical cable systems linking several Central African countries and providing the region with a digital broadband access to the global fiber network. The planned broadband backbone would leverage the fiber optic infrastructure laid along the oil pipeline between Kribi (Cameroon) and Doba (Chad).

250. To date, CAB Phase 1 countries have established : (i) an Inter-Ministerial Committee involving sector ministers, (ii) and Expert Commission involving three representatives from each participating CAB Phase 1 country, and one representative from each of the following institutions: the World Bank, the AfDB, the CEMAC, the CEEAC and the International Telecommunication Union and ; (iii) national technical committees involving representatives from the government, the regulatory agency, the public and private operators and users groups.

251. The proposed CAB operation financed by the World Bank involves three countries namely, Cameroon, Central African Republic and Chad in Phase 1 for an estimated total IDA amount of USD62 million. Subsequent phases will reach the Board based on readiness of countries applying for support under the Program as well as availability of EX. CL/565 (XVI) Page 68

IDA/IBRD financing. Estimates for the combined IDA and IBRD volume for the above countries for the second and subsequent phases are US$.153 million (The total World Bank financing for the CAB Program amounts to $215 million).

ii. The Connect Africa

252. The Connect Africa Summit, held in November 2007 in Kigali, Rwanda was a joint effort of the various International and Regional Organizations, Development Agencies and private sector and was held under the patronage of the President of the Republic of Rwanda. The Summit achieved its objectives of raising the profile of ICT on the development agenda in Africa and stimulating high-level policy dialogue between governments, private sector and development partners. Five goals have been adopted and 55 Billion Dollars have been pledged by the international partners.

253. The Commission is the major monitoring and catalyzing body for the implementation of these goals. More specifically, the Commission, in conjunction with the World Bank, will pursue its efforts aimed at ensuring the adoption of key regulatory measures that promote affordable, widespread access to a full range of broadband ICT services, including technology and service neutral licensing/authorization practices, allocating spectrum for multiple, competitive broadband wireless service providers, creating national Internet Exchange Points (IXPs) and implementing competition in the provision of international Internet connectivity.

4. PROGRAMME FOR INFRASTRUCTURE DEVELOPMENT IN AFRICA (PIDA)

254. The critical role of infrastructure to improve Africa development and specially its competitiveness as well as the deficit in Africa infrastructure are widely recognized. It is within this context that at its 12th Ordinary Session, the Assembly resolved to support the development of infrastructure in Africa within the framework of the Programme for Infrastructure Development in Africa (PIDA).

255. The Commission, the AU-NEPAD Secretariat and the African Development Bank (AfDB), have jointly initiated the study on a Programme for Infrastructure Development in Africa (PIDA). PIDA is a merger of the AUC Master Plans and the NEPAD-MLTSF.

256. The overall objective of PIDA is to optimize the efforts and use of resources in order to enable African Stakeholders to speak with one voice based on a common agenda and common vision for infrastructure development.

257. The specific objectives of the PIDA are to enable African decision-makers to:

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 Establish a strategic framework for the development of regional and continental infrastructure (Energy, Transport, Telecommunications & CT and Water);  Establish an infrastructure development programme articulated around priorities and time horizons;  Prepare an implementation strategy and process including, in particular, a priority action plan.

258. PIDA covers the Transport, Energy, Telecommunications/ ICT and Water (transboundary) sectors. The timeframe under consideration is up to 2030, and it is phased as follows: 2010-2015 for the short-term and priority action plan, 2016-2020 for the medium-term, and 2021-2030 for the long-term.

259. The approach of PIDA will be based on studies and relevant activities which will be carried out for each of the four selected infrastructure sectors by a Consortium of Consulting Firms and an ownership process to be jointly managed by the Commission, AU-NEPAD Secretariat and ADB.

260. Negotiations with the Consortium of selected Consultants were concluded in Tunis on 17 December 2009, and the contracts for the take-off of the work are expected to be signed in January 2010.

261. The overall estimated budget is 7.681 Million Euros (M€) and the Planning to complete the study is 18 months. For the year 2010, one million US $ representing the contribution of the Commission has been allocated.

262. In the same vein, the Commission has launched a study on the institutional architecture for Africa, financed by the GTZ, with the objective to provide necessary direction for the development and implementation of an African Institutional Architecture for Infrastructure Development in Africa (IAIDA) that would yield concrete achievements and outcomes in terms of quantity and quality of sustainable infrastructure services delivered and subsequent development benefits derived from the infrastructure.

263. This study which is in line with the objectives of the PIDA, presents the rationale for an Institutional Architecture for infrastructure development in Africa, describes the strengths and weaknesses of African Institutions involved in infrastructure development at continental and regional level and identifies existing best practices and models in Africa and in the rest of the World that can be built upon and finally draws a set of guiding principles in designing a suitable model for an efficient and effective institutional architecture for infrastructure development.

264. The sketched model focuses on building strong cross institutional ties and articulations from national level to continental level passing the regional level, giving due EX. CL/565 (XVI) Page 70 consideration to the principle of subsidiary and from the political decision making level to the implementation and operational levels.

265. The study will be conducted in three phases. The first phase which is subject to the mapping of all Organs and Institutions and actors involved in infrastructure in Africa is completed. The next phases are about designing and operationalization of the New Institutional Architecture.

III.3 INTEGRATION AND CLIMATE CHANGE AND SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES

266. Despite the fact that Africa is blessed with abundant resources in the agricultural sector, it nevertheless remains a region that has the highest proportion of people who suffer from hunger, and the largest poverty head count ratio compared to all other developing regions. The performance of the agricultural sector and that of the rural economy, on which the majority of Africa’s population depend for their livelihoods, is directly linked to the state of poverty and determines the extent to which MDGs targets can be achieved. In this regard, the biggest challenge in achieving MDGs lies in transformation of Africa’s agriculture sector as the engine of growth and poverty reduction.

267. Although agricultural performance has slightly improved since 2000, growth is not yet fast enough to achieve broad-based poverty reduction and food security. Average annual agricultural growth in many African countries is less than 3 percent, which is far lower than averages in other developing regions and significantly lower than the annual target of 6 percent set by AU Assembly in Maputo in 2003. Compounding this slow growth in agriculture is a rapidly increasing population, which is expected to reach 2 billion by 2050, up from 922 million in 2005. The high population growth rate combined with limited growth in agriculture can cause even more severe hunger and poverty; unless due attention is given to developing the agriculture sector. This is further compounded by the fact that Africa’s limited capacity to adapt to climate change which strikes at the very livelihoods of the majority of Africans. The high food prices, coupled with the recent global financial crisis and the limited capacity to adapt to climate change, have raised further concerns about development prospects and its implications for the poor people in Africa.

268. The challenges that Africa’s agriculture and rural economy sector faces can be broadly categorized into the following: (i) production and productivity-related challenges; (ii) infrastructure and market related challenges; (iii) environment related challenges; and (iv) institutional and policy related challenges.

269. The Commission of the African Union through its department of Rural Economy and Agriculture (DREA), and together with the NEPAD Secretariat and RECs, strives to EX. CL/565 (XVI) Page 71 address the strategic challenges by promoting enabling policies and strategies, coordination and harmonization of collective efforts and through enhanced advocacy and resource mobilization for programmes implementations.

270. Accordingly, the following programmes and activities have been implemented during the period under review.

1. IMPACT OF CLIMATE CHANGE AND GENERAL ISSUES OF CONCERN

a) Promoting African Common Position on Climate Change

271. It is known that while Africa contributes almost nothing to global warming, yet it is the very continent that has been disproportionately suffering from its impacts. Africa has been paying and will continue to pay dearly not only in terms of lost development opportunities, but also in terms of shattered livelihoods of its people. Droughts and floods have increasingly become second nature to most African countries, challenging development efforts and wrecking havoc to livelihoods. So, for Africa, issues of climate change and development are intertwined.

272. It is to be recalled that Africa has taken a significant and landmark decision to negotiate with a common position on climate change and also to promote this common position at the Copenhagen Conference, speaking with one voice through one delegation team. Such an unprecedented decision was adopted by the Assembly during its 12th Ordinary Session held in Addis Ababa, Ethiopia in February 2009, and subsequently strengthened and elaborated during its 13th Ordinary Session held in Sirte, Libya, in July 2009. The Committee of Ten Heads of State and Government on Climate Change (CAHOSCC) was constituted by the Assembly in Sirte, which has since then been the driving force in articulating and guiding the African position, during the series of climate change talks that culminated in the Climate Change Conference, Copenhagen, Denmark, held from 7 to 18 December 2009.

273. The Commission has been facilitating the activities of CAHOSCC during its meetings held first in Tripoli, Libya on August 31, 2009, and then in Addis Ababa, Ethiopia on November 17, 2009, as well as during the Climate Change Conference in Copenhagen, December 2009. In addition, the Commission, with the UN ECA, also co-hosted the African Partnership Forum Special Session on Climate Change on September 3, 2009 with a view to advocating and building solidarity around the African Common Position on Climate Change.

274. Given the fact that important processes and decisions, in particular the possibility of legally binding agreements, have been postponed to be discussed at forthcoming events EX. CL/565 (XVI) Page 72

(e.g., CoP16 in Mexico City by the end of 2010), the African common position needs to be pursued even with increased vigour. Consequently, the Commission will continue to play its role consistent with its mandate. Strengthening the capacity of the Commission to play its strategic role will be necessary in this regard.

b) Coordination of the Implementation of Climate Change Related Interventions

275. The Commission has been supporting the implementation of a number of climate change related initiatives, including:

 Supporting the vulnerable through increasing the adaptive capacity of agro- pastoralists to climatic change (through AU/IBAR), in particular dealing with policy entry points for supporting the implementation of priority adaptation options in agro-pastoral systems identified with key policymakers. The project is funded by the German Federal Ministry for Economic Development Cooperation (BMZ).

 Promoting trans-boundary forest resource management, which as means for both adaptation and mitigation to climate change, has occupied centre stage in recent global discussions. Technical support had been given to develop draft regional programmes on forest and biodiversity management.

 Supporting development of action plans for implementation of the Great Green Wall for the Sahara and Sahel Initiative (GGWSSI), through mobilizing technical and financial resources from the FAO and European Union.

 Supporting the development of the Africa Regional Strategy for Disaster Risk Reduction, which had been examined and realigned with the Hyogo Framework of Action by African experts and will be presented for adoption to the second Ministerial Conference on Disaster Risk Reduction to be jointly organised by the Commission in collaboration with the International Strategy for Disaster Risk Reduction (ISDRR) during 1st Quarter of 2010.

 Enhancing the capacity of RECs and AU Member States through implementation of African Monitoring of Environment for Sustainable Development (AMESD) (supported by EU) project which seeks to provide decision makers with reliable, timely and accurate monitoring information on availability and quality of resources by detecting food and water stress earlier and better assessment of the impact of policies and other intervention measures on environmental sustainability. During the reporting period, Grant Agreements have been signed between the Commission, the respective REC regional centres and EC in the IOC and ECOWAS regions during the months of September and October 2009 respectively. Similarly, contracts were signed in November 2009 for supply of AMESD Thematic receiving stations and upgrade and maintenance of PUMA stations. AMESD Satellite receiving station antennas EX. CL/565 (XVI) Page 73

have been installed in Mauritius and more recently in Kinshasa, DRC. The first AMESD Forum was organized from the 1 to 4 December 2009 in Kinshasa, DRC, in which more than 170 delegates participated. It is planned to include more number of AU Member States, and more RECs for them to benefit from the project ;

 Enhancing the capacity of AU Member States through implementation of the project on Multilateral Environmental Agreements (MEAs), (with support from EC) which aims to strengthen the capacities of the RECs and African ACP countries to effectively implement their obligations and commitments under global and regional environmental agreements and other international legal instruments. To this effect, a Project Cooperation Agreement between the Commission and the United Nations Environment Programme (UNEP) has been concluded and implementation of the project is underway.

 Coordinating the implementation of the Fouta Djallon Highlands Integrated Natural Resources Management Project (funded through the Global Environment Facility (GEF)) to ensure the medium and long term (2025) sustainable management of the natural resources with a view to contributing to the improvement in the livelihoods of people who depend directly or indirectly on the natural resources of the Fouta Djallon Highlands. With the selection of 29 pilot sites for the implementation of the Project, it is expected that work would commence at these sites in earnest early 2010. Involvement of regional stakeholders has been ensured (ECOWAS Commission and River Basin Authorities in the region).

 Facilitating lesson sharing and up-scaling of promising approaches through support to implementation of Dryland Livestock Wildlife Environment Project (financed by GEF/UNEP) in addressing biodiversity and livestock resources through support of sustainable land management systems at the livestock/wildlife interface with the main goal of sustainable land management, combating environmental degradation and reviving ecosystem productivity. Scaling up of lessons learnt through this initiative is conceived through a project entitled: “Livestock for Livelihoods: Strengthening Climate Change Adaptation Strategies through Improved Management at the Livestock-Wildlife-Environment Interface” with financial support from the EC. The main strategy is to improve Natural Resources and livestock management practices in African arid and semi-arid ecologies in response to increased risks and vulnerability from Climate Change.

c) Water and Sanitation

276. The Commission has been facilitating efforts towards implementation of the Sharm El-Sheikh Declaration on Water and Sanitation adopted by the Assembly in Sharm El Sheikh, Egypt in July 2008. The African Development Bank had prepared on behalf of AMCOW a working document titled “Delivering on Africa’s Water Security Commitments: A Framework for Reporting Actions to the African Union”. The framework provides EX. CL/565 (XVI) Page 74

AMCOW with a mechanism for reporting regularly to the Assembly on the progress that countries are making towards meeting goals set in the MDGs and the Africa Water Vision. The framework was presented to the participants of the Second African Water Week and to the 7th Ordinary Session of AMCOW held from 9 to 12 November 2009. AMCOW has also launched the Ground Water Commission to accelerate the implementation of Sharm El-Sheikh Declaration on Water and Sanitation.

277. In this regard, the way forward include endorsement of the Framework by AMCOW, commencement of annual reporting by Member States using the Framework, and operationalization of the Ground Water Commission.

III.4 INTEGRATION AND DEVELOPMENT OF PRODUCTION CAPACITIES

1. AGRICULTURE (CAADP, FOOD CRISIS)

a) Coordination of the Comprehensive Africa Agriculture Development Programme (CAADP)

278. It will be recalled, that CAADP was endorsed by the Assembly in July 2003, in Maputo, Mozambique, as the engine for economic growth, and food and nutrition security in the continent. As a principal provision, AU Member States are encouraged to allocate at least ten percent (10%) of their national budgets to selected priority investment areas that would bring about increased agricultural productivity towards attaining a sectoral growth of at least six percent (6%).

279. During the period under review, the Commission has been working closely with various stakeholders, including the AU-NEPAD Secretariat, the Regional Economic Communities (RECs), Member States, Development Partners, Civil Society, Farmers Organizations and Knowledge Centres in implementing activities under CAADP.

280. As would also be recalled, the 13th Ordinary Session of the Assembly debated on the Theme “Investing in Agriculture for Economic Growth and Food Security”. In the conclusion of the discussions on the theme, Member States re-affirmed their commitment to embrace the CAADP framework and process. In this regard, they resolved to accelerate the implementation of CAADP as a vehicle for achieving fast economic growth, attaining food and nutrition security, and reducing poverty.

281. It is also to be recalled that the Commission and the AU-NEPAD Secretariat, in partnership with RECs, and strategic Partners, organised the 1st CAADP-Day on the 27th of June 2009 in Tripoli, Libya, on the margins of the 13th Ordinary Session of the Assembly with a view to seizing the opportunity of the theme and occasion of the AU July EX. CL/565 (XVI) Page 75

2009 Summit to further disseminate the objectives of this important strategy for Africa. The CAADP Day was used to share experiences and best practices as well as to show-case success stories. It also offered the opportunity to identify constraints and strategies towards the implementation of CAADP- African defined, owned and driven agenda.

b) Progress in CAADP Implementation

282. During the reporting period, remarkable progress was made in the CAADP Country Round Table Process and the National CAADP compact signing. The CAADP Country Round Table involves a process of initial buy-in by all stakeholders involved in the national agriculture, food and nutrition security agenda. Key stakeholders contribute to a process of stocktaking and analysis of the agriculture sector, in order to identify and ultimately prioritize potential areas for investment. This process leads to the development of what has come to be known as the National CAADP Compact, which is a political and technical document highlighting a consensus, among all CAADP stakeholders, of the priority target areas that are expected to contribute significantly to the growth in the agriculture sector and to enhance food and nutrition security. The signing of the National CAADP Compact also signifies commitment from institutions that will eventually finance the investment areas identified.

283. During the period under review, the Commission worked closely working with the AU-NEPAD Secretariat, the RECs and strategic partners to mobilize Member States to embrace CAADP principles and engage in the country round table process. To date, a total of thirteen (13) Member States have signed their CAADP Compacts which are: Benin, Burkina Faso, Burundi, Cape Verde, Ethiopia, The Gambia, Ghana, Liberia, Mali, Niger, Rwanda, Sierra Leone and Togo. Apart from Rwanda, the rest of the countries signed their CAADP Compacts during the period under review. Many more Member States are lined up to sign the Compacts in 2010.

284. The signing of CAADP compacts demonstrates a commitment on the part of National Governments, Development Partners, Private Sector, Civil Society and Farmers’ Organizations on the policies, strategies and programs that will be targeted for reducing poverty and hunger in the Member States.

c) Strengthening Partnerships and Resource Mobilization for CAADP Implementation

285. Member States that have signed compacts are already receiving considerable attention from Development Partners. To this effect, the Commission and the AU-NEPAD Secretariat have been advocating for earmarking of financial and technical resources to support the post compact activities. Development partners have been engaged in EX. CL/565 (XVI) Page 76 consultations with a view to fostering and strengthening strategic partnerships and mobilizing resources for CAADP Implementation. These include:

i. The CAADP Partnership Event in the Margins of African Growth Opportunities Act (AGOA) Forum

286. The Commission, in collaboration with the AU-NEPAD Secretariat, organized a CAADP Partnership Event under the Theme: “CAADP and Agricultural Trade for Economic Growth and Poverty Reduction”, on the margins of the AGOA Forum in August 2009 to discuss progress and next steps for CAADP. The event was used to highlight the status of various CAADP Country Roundtables, review steps being taken to develop the CAADP Compacts, and discuss implementation plans and timelines for achieving these milestones. Discussions focused on selected countries where the country roundtable process was well advanced. The event was attended by high level officials from Member States, the US Government and other participants of the Forum.

ii. The CAADP Donors and Partners Meeting

287. As part of resource mobilization and strengthening of partnerships and also as a follow up to G-8 L’Aquila Commitment on Global Food Security of which the Commission is a signatory, the Commission and CAADP Donors in partnership with the Global Donor Platform for Rural Development, organized a meeting from the 6 – 9 September, 2009 in Addis Ababa to discuss ways in which donors can support CAADP and ways in which collectively both parties can further enhance quality, transparency and accountability in CAADP implementation. The outcome of this meeting is what is now referred to as the Addis Consensus on alignment of CAADP funding at country level and country priorities.

iii. Roadmap from L’Aquila Meeting

288. As a follow up from the Addis Ababa meeting and in a bid to strengthen the partnerships and mobilize resources, the Commission was engaged in discussions with a view to influencing outcomes of a meeting that was organized by development partners to initiate the process of translating the principles and financial and operational commitments agreed upon as part of the joint statement on global food security in L’Aquila into concrete plans and practical action. The meeting took place in Washington DC on 14 and 15 September 2009.

d) Support for Implementation of CAADP related Interventions

289. The Commission, through its Department of Rural Economy and Agriculture and its technical offices, was engaged in implementation of support programmes that contribute towards achieving CAADP objectives. These include, among others:

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i) Livestock Intervention to Mitigate Food Crisis: (supported by EC and implemented by AU/IBAR) involves the implementation of interventions to mitigate the negative impact of soaring food prices, targeting 250,000 vulnerable pastoralists and agro-pastoralist households who are set to benefit from protection of their sheep and goat flocks through vaccination against major epidemic diseases affecting livestock trade and treatment for common diseases affecting productivity and resilience. Livestock marketing infrastructure will be rehabilitated and their management systems improved to enhance livestock trade and marketing with further economic benefits to the targeted households, Veterinary Authorities, livestock traders and other livestock industry operators who derive incomes and revenues from livestock exports.

ii) Implementation of a livestock development program that was developed and executed by the Commission through the AU-IBAR Office (with support from USAID), which seeks for ways of increasing household incomes of pastoralists by addressing three key constraints to pastoralist’s access to markets; poor access to animal health services along the market chain, weak capacity of pastoral associations to provide services and advocate for pastoralists and lack of access to financial and non financial services. Through the provision of mobile laboratories and facilitating linkages between private and public sector animal health services providers at the grassroots, disease reporting and response to outbreaks has improved significantly. Ongoing capacity building of local pastoral institutions through skills development and operational support has also greatly improved their representation and participation in policy dialogue, as well as their access to support services.

2. INDUSTRIAL AND MINING DEVELOPMENT

a) Expert Group Meeting on the Promotion of Industrial Investment Policies in Africa

290. The Expert Group Meeting on the Promotion of Industrial Investment Policies in Africa was held at the Commission in Addis Ababa, Ethiopia, on 8 and 9 July 2009. The meeting was organized by the Commission, in collaboration with the United Nations Industrial Development Organization (UNIDO). The main objective of the meeting was to deliberate on the means for achieving a coordinated approach towards the evolvement of harmonized continental and regional investment policies and strategies that will attract dedicated channels of finance for industrial development in Africa. It is the first project/activity that has been undertaken within the framework of the Plan of Action for the accelerated industrial development of Africa.

291. At the end of their deliberations, the Experts made recommendations for National Governments, the Private Sector and Investment Promotion Agencies on the development and promotion of industrial investment policies.

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b) International Study Group (ISG) on Mining

292. In the Addis Ababa Declaration on Development and Management of Africa’s Mineral Resources, African Ministers responsible for Mineral Resources Development has requested the Commission, in collaboration with UNECA and the RECs to develop templates, guidelines, standards and codes to assist African countries to optimize the potential benefits of their mineral resources, building on the work of the International Study Group (ISG). The ISG, comprising of leading academics and practitioners of natural resources law, economics, and management, will conduct the review of Africa’s mining regimes. However, the overall objective of the ISG is to review the extent to which Africa’s current mining regimes promote sustainable development of the mining sector.

293. The ISG has had four meetings, all in Addis Ababa, since its inception. At the first meeting in October 2007, the ISG agreed the Terms of Reference for its work. At its second meeting in May 2008, it became clear that the most productive way to proceed was to separate the assembly of the body of knowledge setting out fundamental perspectives, from the process of developing detailed tools dealing with specific aspects of mineral regimes. At the fourth and final meeting in March 2009, the ISG appointed a small Team to draft the Framework Report, based on an outline prepared at the third meeting and reports compiled during the life of the ISG. The first phase of the ISG work will therefore conclude with a comprehensive Framework Report that would then form the base for a subsequent phase, under the leadership of the AU, to develop toolkits, templates, guidelines, briefing notes and other instruments for use in formulating or revising mineral regimes in Africa.

c) The Second CAMI Bureau Ministerial Meeting, Cairo, Arab Republic of Egypt, 3 August 2009

294. The African Ministers of Industry made the following main observations and conclusions:

 They noted the progress on the Monitoring & Evaluation and Resource Mobilization Strategy work being undertaken by UNIDO which should be completed by September 2009.  They approved the signing of the Joint Declaration regarding the Collaboration of the South-South Cooperation Center Program.  They approved the launching of the training program 500 Scholarships for training in various industries granted to African Countries by the Egyptian Ministry of Trade and Industry. The objective of the Egyptian Scholarship Program is to enhance productivity for the workers in the African Industries.

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d) CAMI Bureau meeting, 9 December 2009, Vienna, Austria

295. The meeting discussed essentially three issues related to the strategy for implementation of the Plan of Action for accelerated industrial development of Africa (AIDA) as the follows:

 Financing and Resource Mobilization Strategy,  Monitoring and Evaluation Framework,  Architecture for a Steering Committee.

296. It was proposed that those three issues be added to the strategy adopted by the African Ministers of Industry during the last CAMI. The Ministers deferred their approval until after the Validation Workshop planned in March 2010.

297. In order to accelerate the implementation Strategy of the Action Plan for AIDA, the meeting recommended the expeditions establishment of a Steering Committee at the Pan- African level and the Coordination Unit. In this regard, the Commission was requested to present proposals on the implementation modalities during the next CAMI Bureau meeting.

298. The UNIDO Director-General indicated that his Organization would provide between US$.200,000.00 and US$.300,000.00 over three years as seed funding for the establishment of the Coordination Unit and implementation of agreed priority programmes.

III.5 INTEGRATION AND TRADE CAPACITY BUILDING

1. MARKET ACCESS CAPACITY BUILDING

a) 8th AGOA Forum: Nairobi, 3-6 August 2009

299. The theme of the 8th AGOA Forum was: “Realizing the Full Potential of AGOA through Expansion of Trade and Investment”. The Commission’s delegation was led by Mr. Erastus Mwencha, Deputy Chairperson. The American delegation was led by Mrs. Hilary Rodman Clinton, Secretary of Trade; and 31 African countries were represented by their respective Trade Ministers.

300. Through messages and statements by President Obama, the Secretary of State Hilary Clinton and members of Congress, the United States made the commitment to assist Africa in its development endeavours. The recommendations focused on the importance of creating a regional component of AGOA, the recognition of the increasing coordination role of the African Union, and the need to vigorously promote intra-African EX. CL/565 (XVI) Page 80 trade, diversify African economies and build capacities, particularly the development of infrastructure to upscale the benefits derived from AGOA.

b) World Expo. 2010 : Shanghai, China, Universal Exhibition 2010

301. The Commission has committed to participating, for the first time in its history, in a Universal Exhibition – that of Shanghai, on the theme: Better City, Better Life”, to be staged between 1 May and 31 October 2010. 192 countries and 56 international organizations have already confirmed their participation.

302. The Commission’s participation will be actualized in a 252 m2 stand in Africa’s pavilion representing the five regions, the organization of a commemorative Day on 3 June 2010 a few days after the anniversary of the OAU (25 May 1963) and in a participant’s forum.

303. The theme of this forum will be: “Clean Energies for African megalopolis”; and the commemorative Day will be used to engage in discussions on the challenges to be addressed by African megalopolis; discussions to be conducted by a panel composed of the mayors of big African and Chinese cities and appropriate United Nations agencies like UNDP, UN Habitat and UNIDO, and focusing on the problems and challenges of managing the big cities and the solutions required to meet these problems and challenges. To give an even greater dimension to the Day’s celebration, the Commission will, in collaboration with the African diplomatic corps in China, determine the ways and means to mobilize the African student community in China to organize cultural activities derived from various African countries.

c) Customs

i. Elaboration of a Continental Common Tariff Nomenclature

304. A Technical Working Group to deal with issues relating to the development of a continental Common Tariff Nomenclature has been put in place. This Group held its first workshop in Kampala from 16 to 17 December 2009. The purpose of the meeting was to take stock of the various HS Codes regimes currently being used by the AU and the RECs Member States and to consider the ways and means for their harmonization. The meeting has come up with orientations and a road map for the harmonization process which will ultimately end with a Continental Common Tariff Nomenclature which will be used in the elaboration of a Continental Common External Tariff.

ii. 3rd AUC-RECs Customs Coordination Committee Meeting

305. The 3rd African Union / Customs Departments of the Regional Economic Communities coordination meeting was held on 18 December 2009 at Royal Imperial Hotel EX. CL/565 (XVI) Page 81 in Kampala, Uganda, as a follow up to the 2nd meeting held from 30 April to 01 May 2009 at Hotel Excellency, Lomé, Togo. The objective of the meeting was to further review the coordination mechanism between the Commission and the Customs Departments of the RECs by coming up with the Terms of Reference of the Sub-Committee. The meeting approved the Draft Terms of Reference with amendments and the request for incorporation of the AUC-RECs Sub-Committee on Customs Coordination into the AUC- RECs Committee on Coordination.

d) Promotion of Animal Health

306. The Commission, through the AU/IBAR Office, has been spearheading a continental effort to prevent the spread and also control of bird flu through the Support Program for Integrated National Action Plans (SPINAP). A major thrust has been aggressive resource mobilization and capacity building of African countries in preparedness for early detection and rapid response to avian influenza outbreaks. The Commission is in the process of executing the support program targeting all 47 Africa ACP member countries. The program is also supporting the establishment of a coordination mechanism for avian and human influenza at the REC and inter-REC levels to ensure that Member States can effectively address cross-border outbreaks.

307. Emergency Relief Support to combat Highly Pathogenic Avian Influenza (HPAI) Project: The main objectives of the project is to build Capacity for each beneficiary country to control and prevent AHI through implementation of different activities such as: (1) Early diagnosis of disease outbreaks; (2) Preparedness for rapid response in the case of an outbreak; and (3) Technical Assistance for Training Regional Experts and for the Application of the Control Strategies. The initiative is funded by the African Development Bank and managed by two Executing Agencies: AU/IBAR (US$ 4.1m) and WHO (US$ 2.4m).

308. The collaborative project on Early Detection, Reporting & Surveillance of Avian Influenza in Africa, between AU-IBAR and ILRI with financial support from USAID addresses capacity building at National, Sub regional and Continental levels, for a risk based approach to targeting surveillance resources to enable a rapid response to HPAI outbreaks. The project also seeks to improve HPAI disease surveillance, reporting capacity and coordination in Member States.

309. Rinderpest Eradication and Control, which is presumably the last in a series of projects spanning over four decades dedicated to the eradication of Rinderpest from Africa, is supported by the EU and focuses on proving the absence of Rinderpest, achieving World Organisation for Animal Health (OIE) accreditation of disease freedom for the individual countries concerned and safeguarding against resurgence. During the period under review, significant achievements have been made, among which include the EX. CL/565 (XVI) Page 82 launching of the programme to the tune of €2,392,000.00 spanning between July 2009 and December 2010; renewal of the contracts with participating countries; as well as contracts with FAO-Global Rinderpest Eradication Programme (GREP) and OIE; and procurement of all project consignments, except wildlife surveillance darting equipments and drugs. Other activities that have been implemented include an assessment of early warning and response capacities, and this has culminated in the formation of a task force to guide the implementation of the Educational Partnership Programme (EPP) leading to a field simulation in March 2010.

310. In addition the Commission undertook a number of activities in support of Capacity Strengthening for livestock health, including:

i) Provision of Vaccines for the Control of Neglected Animal Diseases in Africa (VACNADA), which aims at providing vaccines against neglected animal diseases; which also assists at least six selected African livestock vaccine producing laboratories to improve their capacity to produce the vaccines against these diseases; strengthen quality systems in vaccines production and support their marketing and distribution on the Continent. The project will be funded for a sum of € 20 Million from the European Union (EU) Food Facility for continental implementation as an emergency for a period of 20 months starting January 2010. It was anticipated that a Financial Agreement will be signed sometime in December 2009 to enable activities to start in January 2010.

ii) Promotion of Efficient Veterinary Services: The Pan African Veterinary Centre of Africa Union (AU/PANVAC) was established to promote the availability of safe, effective and affordable veterinary vaccines and to facilitate the development and introduction of improved or new vaccines and at the same time strengthen Africa’s capacity in veterinary vaccine development, production and quality assurance. During the period under review, the Commission provided through PANVAC services of international independent quality control of veterinary vaccine in Africa. Under this project, the AU/PANVAC undertook quality control certification of a total number of 28 batches of vaccines received from AU Member States vaccine producing laboratories (Botswana, Benin, South Africa, Sudan), Turkey and Jordan Vaccine Institute. In addition, the AU/PANVAC facilitated the standardization of production and harmonization of quality control of vaccines in Africa and produced a total of 120 vials of vaccine seeds against Hemorrhagic Septicemia (type A). Also, during this period a total of 22 vials were sent to laboratories in AU Member States. In addition, PANVAC provided technical advices to Member States Veterinary Vaccine Producing Laboratories upon request and technical advices were provided to AU/IBAR Office, GALVmed and Turkey on the production and Quality Control of Vaccine against East Coast Fever and Peste des Petits Ruminants.

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iii) Harmonization of livestock interventions and development of the regional status of Sheikh Technical Veterinary School and Reference Centre (STVS) in the Horn of Africa, which is a unique regional school addressing training needs, especially the need to ensure quality control of the livestock industry and adherence to international trade rules, in livestock health and production for the Somali Ecosystem. The project is supported by the European Commission and Danish Government through the Region of Origin Program (RoOP).

iv) Supporting the International Scientific Council for Trypanosomiasis and Control (ISCTRC), which address the problem of tsetse and Trypanosomiasis in 37 African countries in order to improve human health and livestock production with a view to improving food security and welfare of rural communities. Having contributed to reduction of sleeping sickness epidemics in the continent, the Council continues to promote research with support of international and national organizations in addition to working closely with national Pan-African Tsetse and Trypanosomiasis Eradication Campaign (PATTEC) programme. During the reporting period, the 34th Executive Committee and the 30th ISCTRC Conference were held in Kampala, Uganda on 20 September 2009, and from 21 to 25 September 2009 respectively. At the Conference, twenty (20) Member States presented their reports on progress of tsetse and Trypanosomiasis activities since the last meeting held in Luanda, Angola in 2007.

v) Advocacy and Dissemination on Animal Health and Production: the Commission has been supporting efforts of promoting animal health and production through publication and issuing of advocacy materials of Animal Health and Production.

e) Phytosanitary and Sanitary Issues

311. The Commission, through its Inter-African Phytosanitary Council (AU-IAPSC) carried out a survey for strengthening continental - wide cassava protection initiatives against major pests in several Member States. Training workshops were also organized to enhance the capacity of National Plant Protection Officers in Member States in cassava production and protection in order to boost crop yield and productivity which could generate economic growth and promote development. AU/IAPSC also contributed to the establishment of East Africa Phyto-sanitary information committee to help update the list of pests for major five crops so as to reduce the impact of pests and increase crop yield to secure food security. Work is ongoing with the control of the trans-boundary pest in Africa, particularly the Grain Eating Birds (Quelea-sp) invasions in Africa. This is aimed at describing the situation as it occurs in the continent and coordinating control methods used by affected countries.

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312. In order to enhance the capacity of Member States to meet WTO regulations on Food Safety and hence accelerate international trade in agricultural products, Training of Trainers Workshops on improving the efficiency of participation of African Nations in the activities of WTO-SPS Committee and International Standards-setting Organizations were held in Nairobi, Kenya and Bamako, Mali during the period under review as part of the implementation of participation of African Nations in Sanitary and Phytosanitary Standards–setting Organizations project (PAN-SPSO).

313. Control of Fruit Pests: The mango insect causes damage to mango production by reducing the quality and quantity of mango produced. A project was initiated in Burkina Faso in 2007 with financial support from the African Development Bank for the construction of an insectariums for biological control of the pest. The Commission’s role (through AU/SAFGRAD) in this initiative is to bring together and facilitate exchange of regional expertise and other resources for successful implementation of the project in Burkina Faso and to facilitate and coordinate regional efforts aimed at scaling out the initiative among neighbouring countries. The study on the regional strategy for biological control of the mango mealy bug has been conducted; selected countries were consulted and they have shown interest in participating in the project including Benin, Burkina Faso, Ghana, Guinea, Mali and Togo. ECOWAS, UEMOA and some research institutions (IITA, CORAF) have been involved. The emerging consensus is that a more continental approach to insect control can be considered with biological control being centre point of such an initiative.

2. MULTILATERAL TRADE RULES AND NEGOTIATIONS (EPA, WTO)

a) Negotiations of Economic Partnership Agreements (EPAs)

314. In keeping with the mandate of coordinating the Economic Partnership Agreement EPA negotiations, in collaboration with the Regional Economic Communities (RECs), the Commission organised a co-ordination meeting on the EPAs, in Gaborone, Botswana, from 22 to 23 July 2009. The overall objective of the meeting was to bring together EPA negotiators in Africa, to compare the levels of concession their respective negotiating groups have obtained so far in the negotiations; consult among themselves and facilitate the exchange of information, while further strengthening the processes of co-ordination among the RECS and between them and the AUC. The meeting afforded the opportunity to further assess the EPA template prepared by the Commission, to assist the EPA negotiating Groups, with a view to further fine-tuning the document.

315. Similarly, from 29 to 30 July 2009, the Commission organised a Workshop on the EPAs for Parliamentarians and the Civil Societies in Africa, as critical stakeholders in the process. The main objective of the Workshop was to update African Parliamentarians with EX. CL/565 (XVI) Page 85 developments in the EPA negotiations, given their critical legislative role, and who therefore will eventually be called upon to ratify the Agreements concluded. Participants were accordingly drawn from the respective Regional Parliamentary Assemblies and the Pan African Parliament. In addition, Civil Societies were invited to participate in the workshop, given the role so far played by them in providing active support and sustained campaigns in defence of African positions in the negotiations processes so far across the regions. Their participation was particularly encouraging, not only to allow for exchanges but also to bring their perspectives to bear in the workshop.

316. Outcomes in both events were quite far reaching, as participants welcomed the initiatives of the Commission and called for sustained engagement of the Commission in the EPA co`-ordination processes. Others are effective dissemination of information to stakeholders; the need for constant exchange of views and interface among the RECs, as to facilitate the streamlining of positions where necessary; and undertaking detailed analytical studies to guide the formulation of positions and strategies for negotiations, among others.

b) WTO Negotiations

i. Organization of an Extraordinary Session of African Union Trade Ministers Conference and Participation in the 7th Ministerial Conference of WTO

317. The African Union Commission organized an extraordinary session of AU Trade Ministers Conference in Geneva on 30 November 2009 on the morning of the official opening of the 7th Ministerial Conference of the WTO. The objective of that session was to validate the Communiqué of the informal meeting held in Cairo on 28-29 October 2009, organized by Egypt for African Trade Ministers, in its capacity as the Coordinator of the African Group at the WTO.

318. That Communiqué provided guidelines on the substantive issues raised at the WTO, particularly the conclusion of the Doha Round, the serious impact of the global financial crisis on trade, the increasing trend towards protectionism, development needs accentuated by export revenue losses, aggravation of the debt burden and the concomitant budget deficit. The Communiqué also welcomed the initiatives announced by the G8 Summit held in Aquila, Italy, in July 2009, and by the G20 Summits held in London and Pittsburgh, respectively.

319. An Action Plan was also adopted during the extraordinary session. This Plan which served as a complement to the Cairo Communiqué, highlighted issues concerning systemic improvements to facilitate African countries’ accession to the WTO, through a review of Article XII to eliminate the ambiguities in the rules governing the accession EX. CL/565 (XVI) Page 86 process, the rules on LDCs, particularly the need to move towards “an early harvest” for implementation of paragraph 36, Annex F, of the Hong Kong Declaration, the need for a decision on remove preferential and most favoured treatment for services and service providers, eliminate internal support measures and subsidies that have distortion effect on cotton trade, and the provision of duty-free and quota-free market access for cotton and cotton derivative products from the LDCs.

320. Furthermore, the Plan addressed Aid for Trade in regard to which African countries have to underscore the need to shed light on the new financial flows and their distribution, as well as on the creation of a monitoring and evaluation mechanism to measure the efficacy of the financial flows. The said mechanism should allow for more effective coordination between the WTO, donors and beneficiaries, and ensure uninterrupted exchange of experience on the application of best practices in this domain.

ii. Management of the process through inter-group coordination

321. On this issue, the Coordinator of the African Group held consultations with the informal group of developing countries, G33, ACP, AMNA 11, G20, LDCs, CARICOM and C4, on the convening of a meeting on 30 November 2009 before the official opening of the 7th Conference, and on the drafting of a Common Political Declaration. This Declaration which was subsequently presented, focused on the concerns regarding the Doha Round shared by the developing countries, the impact of the global economic and financial crises on these countries and on strengthening the WTO.

iii. Communication and media coverage strategy

322. Press briefings were organized on daily basis, animated by the Coordinator and different African Ministers, so as to voice the concerns of their respective sub-regions. Zambia was appointed Vice-Coordinator of the African Group.

323. African delegations participated in parallel meetings organized by NGOs and IGOs on the sidelines of the 7th Conference.

III.6 ROLE OF ALL ACTORS IN STRENGTHENING THE INTEGRATION PROCESS (PUBLIC SECTOR, PRIVATE SECTOR, CIVIL SOCIETY, DIASPORA)

324. The activities of the Commission with respect to African Citizens and Diaspora focused on the following areas: capacity-building support for the operationalization of the Economic, Social and Cultural Council of the Union (ECOSOCC), the Pre-Summit Forum on Internally Displaced Persons, the African Union-OATUU Partnership Forum, the Inter- Faith (Ecumenical) Dialogue and the Implementation of the Diaspora Initiative.

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a) Capacity Support for the Operationalization of ECOSOCC

325. In its role as the Secretariat of the Economic, Social and Cultural Council of the Union, the Commission has continued to provide capacity support for the effective operationalization of the organ. In light of Decision EX.CL/Dec.524(XV) which requested the Standing Committee of ECOSOCC to complete the process of elections, the latter took necessary action towards the activation of the clusters so that ECOSOCC can develop a programmatic content that would input effectively in the AU policy decision making process. In order to facilitate the implementation of this decision and in close collaboration with the President of ECOSOCC and its Bureau, the Commission supported the process of organizing the 1st meeting of Standing Committee of the Permanent Assembly in Accra, Ghana, from 23-25 July 2009. This meeting produced the rules of procedure for the Standing Committee and began the process of establishing appropriate guidelines for the operationalization of the clusters. The meeting also drew up a draft preliminary budget for ECOSOCC operations in 2010. Subsequently, the Commission further supported the activation of two of the clusters – the Political Cluster and the Peace and Security Cluster that worked consequently on the plight of the Internally Displaced Persons, within the framework of the IDP Pre-Summit meeting held in Kampala, Uganda from October 13-16, 2009 and the ECOSOCC Peace and Security Cluster meeting held in Abuja, Nigeria from 9-11 November 2009 to consider effective ways and means of operationalising the Livingstone Formula and its Mechanism for Interaction between Civil Society and the Peace and Security Council. The Commission further provided capacity support for the 1st meeting of the Standing Committee held in Accra, Ghana to review the activities of the Organ in 2009 and set the pace for the implementation of its policies and programmes in 2010. The meeting also began the process of considering appropriate criteria for Diaspora participation including modalities for the selection of Diaspora representatives into ECOSOCC.

b) CSO Pre-Summit Meeting on Internally Displaced Persons

326. With the support of the Danish Africa for Peace Programme and in active support and partnership with the ECOSOCC Political Cluster, the Commission organized a Special CSO Pre-Summit consultation in Kampala, Uganda from 13-16 October 2009 to feed into the Special AU Summit on Internally Displaced Persons (IDP) that was held subsequently in Kampala on 23-25 October 2009. The Pre-Summit informed and sensitized civil society on the provisions of the Summit and mobilized them as an active constituency that would support the processes of its ratification and implementation. The meeting set the pace for active CSO engagement with the Kampala Convention and Declaration on IDPs adopted by African Leaders. Subsequently, the ECOSOCC Peace and Security Cluster with the support of the Commission also organized a Special Roundtable on 16 October 2009 to review an IDP Guide that will further enable this process and establish the framework of EX. CL/565 (XVI) Page 88

CSO intervention in the post-Summit phase. The Roundtable was supported by the Norwegian Refugee Council.

c) The AU-African Trade Union Unity Partnership Forum

327. The purpose of the Forum was to reinforce the civil society agenda in general and to consolidate the process of harnessing the efforts of organized labour to the initiatives and platforms of the African Union and to elicit and receive inputs from Trade Unions and African Workers that can assist the development of the African Union in particular and the continent in general. Within this context, the Forum was briefed about important decisions of the 13th Ordinary Session of the Assembly of the Union in Sirte in early July 2009, in particular the decision on the process of transformation of the AU Commission into the African Union authority. The Forum reflected on the ways and means of strengthening the integration agenda and other important issues such as global financial crisis and its impact on Africans. It suggested concrete ways of enabling the partnership between labour, the African Union and Member States, including harnessing the efforts of the Diaspora to support this objective. Moreover, the Forum proposed the need for the workers movement to engage in a campaign of mobilization and sensitization to build a sense of common ownership around the continental unity project. On the development of ECOSOCC and the people-driven agenda of the Union, the Forum appraised the progress of the commitment to mainstream civil society in the policy-making process of the AU and discussed and identified practical ways of interfacing with ECOSOCC and various organs of the Union to consolidate this agenda.

d) Interfaith (Ecumenical) Dialogue

328. The Commission facilitated the preparatory workshop on Inter-Faith Dialogue that was held in Abuja, Nigeria, from 5-6 November 2009. The workshop brought together representatives of all main religious groupings in Africa as well as the media, academia, civil society groups etc to reflect and deliberate upon the process of convening the wider continent-wide inter-faith platform and the substance and process issues associated with it. The meeting discussed modalities and guidelines for practical and sustainable working relationship between the AU and faith-based organizations that would allow for harnessing the expertise and capacity of faith-based groupings for the advancement of the continent, including combating terrorism, prevention and resolution of conflicts and promotion of human rights, democracy and good governance on the continent.

329. The meeting decided to set up a Steering Committee under the African Council of Religious Leaders to prepare for the main inter-faith meeting in the first quarter of 2010. The Steering Committee will prepare the agenda of this meeting and decide on the model and number of representatives of the different religious groups. The preparatory meeting proposed that Inter-faith forum should concentrate on issues such as conflict prevention EX. CL/565 (XVI) Page 89 and peace-building, humanitarian action including support for refugees and internally displaced persons, advocacy through promotion of human rights, promote a common understanding of interfaith dialogue and the reconciliation and development agenda of the African continent, environmental issues, Youth, Women and Children and issues of identity and minority rights.

330. The overall objective of the Inter-Faith Dialogue Forum is to bridge the gap between this strategic segment of the civil society and the African Union and to develop a framework and plan of action for effective cooperation with the AU, which will enable active collaboration between AU and Faith-based organisations in support of the peace, security and development agenda of the Union.

e) The Diaspora Initiative in the areas of Cooperation and Development

i. Institutional Funding Support

331. One of the crucial activities under this Initiative is the intensification of negotiations with the World Bank to obtain institutional funding support for the Global Diaspora Programme. The funding proposal has already been submitted. It is expected that an agreement would be reached before the end of the year so that there will be adequate resource support in 2010 and 2011.

ii. The Role of the Diaspora in the Promotion of Youth and Employment

332. The Commission in collaboration with National Organisation of Libyan Youths (NOLY) also organized a Workshop on the Role of the Diaspora in the Promotion of Youth and Employment Opportunities in Africa in Tripoli, Libya, from 13-15 December 2009. Representatives of the World Bank participated actively in this program which was also intended to set the pace for the programme of collaboration and institutional funding support. The Workshop brought together a broad coalition of Africa Civil Society – youth networks, workers and trade union members, employer associations and Diaspora elements – to review the Global and continental youth and employment situation and the World Bank Diaspora Response Initiative- the Global Marketplace for African Diaspora Action (DMADA). DMADA is a programme that is designed to support the African Diaspora who are seeking to implement innovative and sustainable ideas focused on Youth Employment. It is designed to play a catalytic role in providing a platform for maximizing the contribution of the Diaspora so that they can become an effective conduit for the transfer of know-how, resources and igniting change of the continent. The purpose of the Workshop was to establish a framework for effective civil society partnership that can assist the project to realize its goals so that it can have beneficial impact on Member States of the Union.

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III.7 PARTNERSHIPS AND RELATIONS WITH THE WORLD

1. ON-GOING PARTNERSHIPS

333. In accordance with Decision EX.CL/Dec.512 (XV) the Commission undertook a number of steps towards actualizing the overarching objectives and benefits of Africa’s partnerships in relation to Africa’s development agenda, as described below.

a) The 2nd Africa-South America Summit in Margarita Island, Venezuela, 22- 27 September 2009

334. The Second Africa-South America (ASA) Summit was held in Margarita Island, Venezuela, from 22-27 September 2009. The Summit regrouping the two regions was held at three levels: Senior Officials, Ministers and Heads of State and Government. The Summit adopted the Nueva Esparta Declaration but could not consider and adopt the Implementation Programme. As a result, the Senior Officials of the two regions were mandated by Heads of State and Government to harmonize their different texts and come up with an agreed Implementation Programme within six months from the end of the Summit for consideration and adoption by Ministers of Foreign Affairs of both sides, on the margins of the next UN General Assembly in New York in September 2010.

335. Although the Commission has prepared a detailed report of the matter, it should be noted that many challenges were encountered at the Summit as follows:

 Firstly, there were difficulties with respect to the organization of the meetings with the South American side in general, but also specifically the meetings relating to the 8 Working Groups.  Secondly, there were difficulties regarding the role of Africa’s representatives in South America who took it upon themselves to hold meetings with their South American counterparts, not only in Brasilia but also in Caracas and elsewhere, without the presence of Member States’ representatives in Addis Ababa and the Commission, both of which piloted the preparations for the 1st Africa-South America Summit in Abuja in 2006, and which were also given the responsibilities by the AU Executive organs to ensure the success of the 2nd ASA Summit.  The third set of difficulties relates to the organization and overall conduct of the 2nd ASA Summit. Every effort was made by the Commission and Member States to obtain information from the host country, Venezuela, regarding the agenda and the programme for the Summit but to no avail.  Fourthly, the Summit was solely coordinated by the host without the Commission being given any role in the Secretariat and without any co-chair from the African side as was the case in Abuja.  The last set of difficulties relates to the apparent lack of understanding, on the part of the South American partners, of the role of the Commission in managing the process of meetings of this nature for the African Union. EX. CL/565 (XVI) Page 91

336. In light of all the foregoing challenges, Council may wish to consider and adopt the recommendations contained in the report on the Africa-South America Summit submitted by the Commission and examined by the PRC.

b) The Ministerial Conference of the Forum on China Africa Cooperation (FOCAC), Sharm El Sheikh, Egypt, 6-9 November 2009

337. The Fourth Ministerial Conference of the Forum on China Africa Cooperation (FOCAC) was held at Maritim International Congress Centre, Sharm El Sheikh, Egypt, on 8-9 November 2009. The Ministerial Conference was preceded by the Senior Officials Meeting that took place at the same venue on 6 November 2009. The objective of the FOCAC was to review the level of cooperation since the Beijing Meeting in 2006 and to agree on the Plan of Action for 2010-2012.

338. A major hallmark of the Forum was the announcement by H.E. Wen Jiabao, Premier of the State Council of the People’s Republic of China, of the eight policy measures that would propel Sino-Africa relations in the next three years. One of the policy measures aims at building the financial capacities of African countries. In this regard, China will provide US$10 billion in concessional loans to heavily indebted poor countries and least developed countries, and cancel debts associated with interest-free government loans due to mature by the end of 2009.

339. The policy measures are intended to help Africa seize opportunities and overcome challenges within the framework of the new strategic partnership between the two sides and make the cooperation more fruitful. In this respect, two outcome documents namely, the Sharm El Sheikh Declaration and the Plan of Action were adopted at the end of the Forum.

340. On the whole, the Conference brought to the fore the need for the African Union Commission to play a central coordinating role in driving the FOCAC process. It was suggested that this role be done in conjunction with the Regional Economic Communities. This is a positive development in the sense that the full participation of the Commission in the FOCAC process would galvanize the mechanism and bring synergy to the entire process in line with the other partnerships.

341. In implementing this decision, a Chinese delegation visited the Commission on December 7, 2009 to exchange views on how the Commission could effectively play the coordinating role that had been assigned it by both the Executive Council and the Assembly in the partnership. It is hoped therefore that the implementation of this lofty prescription would, in due course, strengthen the role of the Commission and the PRC in the FOCAC process.

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342. Council may note that China and the Commission have begun a strategic dialogue between the two sides. The first session of the dialogue was held in Addis Ababa when a Chinese delegation met with an AUC delegation led by myself. A Commission delegation went to Beijing in September 2009 for the second session of the strategic dialogue. I had working session with the Chinese Foreign Minister, a working dinner with the State Counsellor for External Affairs and a meeting with the Prime Minister. All these consultations intend to review and deepen the on-going cooperation with China.

c) The Second Korea-Africa Forum, Seoul, Republic of Korea, 23-25 November 2009

343. The Second Korea-Africa Forum was held at Lotte Hotel, Seoul, Republic of Korea, from 23-25 November 2009. The Ministerial session was held on 24 November in accordance with the Banjul (+) format, and was preceded by the Senior Officials Meeting that took place on 23 November 2009. Three outcome documents were adopted namely, the Seoul Declaration; the Framework for Korea-Africa Development Cooperation 2009- 2012; and the Korea-Africa Green Growth Initiative 2009-2012.

344. It should be pointed out that the Forum was held within the continental framework, the first having been a solo initiative by Korea. Thus, the partnership has now been reviewed and made consistent with current on-going partnerships in terms of format of participation and the role of the Commission, the PRC and its Sub-Committee on Multilateral Cooperation.

345. It should be noted that the outcome of the Forum with Korea was very positive. It is important that the Declaration, the Framework for Cooperation and the Green Growth Initiative are implemented to the mutual benefit of both sides.

d) Establishment of a Unit for Coordination and Management of Partnerships

346. It will be recalled that at its June/July 2009 session in Sirte, Libya, Council approved the establishment of a Unit for the Coordination and Management of Africa’s Strategic Partnerships, within the Office of the Chairperson of the Commission as an effective management structure to handle Africa’s partnerships. It is hoped that Council would approve the recommendations of the PRC on such a structure in order to reinvigorate Africa’s capacity to derive maximum benefits from her partnership engagements.

e) Global Review of Africa’s Strategic Partnership

347. I wish to recall that the Executive Council in January 2008 directed action to be taken to conduct a global review of all existing partnerships in order to effectively implement strategies and action plans agreed upon between Africa and its international EX. CL/565 (XVI) Page 93 partners, rationalize the number of summits, identify the criteria for such partnerships and make necessary recommendations to Council and Assembly. In this regard, the Commission was required to submit its recommendations on the aforementioned Study before initiating any new strategic partnership.

348. In the implementation of the Council decision, the Commission had concluded a Study which has been reviewed by both the Sub-Committee on Multilateral Cooperation and the PRC. It is my hope that Council will favourably consider the recommendations of the PRC in this respect with a view to enhancing the effectiveness of Africa’s partnership arrangements.

2. AFRO-ARAB COOPERATION

349. The Commission, in collaboration with the General Secretariat of the League of Arab States and Specialized Arab organizations, has accomplished a number of important tasks during the period under review.

350. One of the notable achievements for the cooperation is the convening of the 13th Session of the Standing Commission for Afro-Arab Cooperation (SCAAC) in Tripoli, Libya from 10 to 11 October 2009. The SCAAC, which is composed of twelve Ministers from the African side and twelve Ministers from the Arab side, is entrusted with follow-up of the implementation of the Declaration and Plan of Action on Afro-Arab Cooperation adopted by the historic First Afro-Arab Summit held in Cairo, Egypt in 1977. The 13th Session, having reviewed developments of Afro-Arab Cooperation in the areas of Political, Economic and Cultural fields, adopted a number of resolutions and issued a communiqué which reaffirmed the readiness and commitment of the African and Arab sides to pursue meaningful and sustainable cooperation.

351. The 13th session was convened after being inactive for more than eight years, though it was initially expected to meet every six months in keeping with Article 4 of its Rules of Procedure. Despite the delays in meeting, the Session demonstrated renewed commitment and readiness by African and Arab countries to further intensify and consolidate the cooperation in the interest of their peoples. The level of participation was a clear indication of the commitment to Afro-Arab Relations. The 14th Session of the Standing Commission is expected to be held in Egypt during the first half of 2010.

352. The Commission and the General Secretariat of the League of Arab States have also taken practical steps directed at convening the 2nd Afro-Arab Summit. During the 13th Session of the Standing Commission for Afro-Arab Cooperation, it was agreed to convene the Summit in Tripoli, Libya, in 2010. In this respect, a Joint Organizing Committee, composed of Burkina Faso, Egypt, Ghana, Tanzania and the Commission on the African EX. CL/565 (XVI) Page 94 side and Algeria, Libya, Kuwait, Morocco and the General Secretariat of the League of Arab States on the Arab Side, was set-up to coordinate and guide the preparation process. The Joint Organizing Committee is expected to meet every two months.

353. Preparations for the Joint African and Arab Ministerial Meeting on Agriculture and Food Security had been completed and the meeting was scheduled to take place in Sharm El Sheik, Egypt from 12 to 14 December 2009. As the proposed dates overlapped with the dates of the Global Climate Negotiations in Copenhagen, from the 7th to 18th December 2009, the joint Ministerial meeting was rescheduled for early February 2010. The joint Ministerial meeting is expected to endorse the Afro-Arab Action Plan on Agricultural Development and Food Security as developed by the AU/LAS High-Level Experts Meeting in November 2008.

354. Background documents have been prepared for the AU/LAS High Level Experts Meeting on Prospects of Investment in Africa and the Arab regions and the meeting is planned for Cairo, Egypt in April 2010, under the joint sponsorship of the African Development Bank (AfDB) and the Arab Bank for Economic Development in Africa (BADEA). High-Level Experts will develop an Afro-Arab Joint Action Plan for promotion of investment and also propose implementation and follow up mechanisms.

355. The Commission hosted the 9th Session of the Executive Council of the Afro-Arab Cultural Institute at its Headquarters in Addis Ababa, from the 9th to 10th of November 2009. The Executive Council is composed of five African and five Arab countries, as well as relevant African and Arab institutions, the African Union Commission and the General Secretariat of the League of Arab States. At this Session, the Executive Council reviewed the financial and activity report of the Institute for the year 2009 and endorsed the planned activities and budget for 2010.

356. Regrettably, no significant measures were taken to implement the decisions of the Executive Council on the establishment of Committees of Afro-Arab Ambassadors as well as creating direct working relations between the Peace and Security Organs of the two organizations with a view to harmonizing positions and avoiding duplication of efforts. With the expected upgrading of the current one-man Afro-Arab Cooperation Unit to a level of a Division and strengthening of its human capacity, it is expected that the Commission will exert maximum efforts in 2010 to translate these two important initiatives into concrete actions.

357. As part of the preparatory process, the Commission is still waiting for an invitation from the League of Arab States to commence preparations for the First Edition of the Afro- Arab Development Forum, scheduled to take place in Iraq, in 2010, under the general theme “Towards a strategic partnership”. Similarly, invitations are also awaited for the EX. CL/565 (XVI) Page 95 meeting of the Organizing Committee of the 7th Edition of the Afro-Arab Trade Fair, planned to take place in Djibouti in 2010.

3. REPRESENTATIONAL OFFICES

358. On the basis of the recommendation made by the High Level Panel on the Audit of the African Union stipulating that “a comprehensive analysis of costs and benefits be carried out to determine the future of existing (AU) Offices before opening new ones”, and after its endorsement by the Executive Council in its extraordinary session held in Arusha, Tanzania, in May 2008, the Commission hired two Consultants to undertake this study. The Consultants have completed the study which was considered by the Commission and is under consideration by the PRC. It would be necessary for the Executive Council to review the recommendations made by the PRC in this respect, with a view to ensuring a reasonable degree of representation of the African Union in the different regions of the world taking into account such an analysis of costs and benefits for Africa and the increasing involvement of the Union in the world affairs. This report gives an account of activities undertaken by the existing Representational Offices as indicated in the following paragraphs.

(1) NEW YORK OFFICE

a) Cooperation between the African Union and the United Nations

359. The Office continued to facilitate cooperation between the African Union (AU) and the United Nations (UN), and reported milestones achieved in this regard, notably the Security Council’s consideration on 26 October 2009 of the Report submitted by the Secretary General, pursuant to the Council’s Presidential Statement (PRST) of 18 September 2008, on the Report of the AU/UN High Level Panel on the question of resource mobilization for financing peacekeeping operations conducted by regional organizations such as the AU. In the PRST adopted on this occasion, the Council affirmed its readiness to pursue consideration of all options towards addressing this question, amongst other things. The Office reported on the UN review on peacekeeping contained in the non-paper entitled “A New Partnership Agenda: Charting a New Horizon for UN Peacekeeping”, which identified three key challenges confronting UN peacekeeping and the cross-cutting issues, notably the protection of civilians, the need for robust operations and peace-building. The Office also facilitated the review of the Resolution on Cooperation between the UN and the AU adopted at the close of the 63rd session of the United Nations General Assembly (UNGA), and the start of the review process of the 2006 Ten-year Capacity-Building Programme for the African Union, which would be an opportunity for the AU and UN to jointly review progress made, and identify priorities for the next three years of its implementation. EX. CL/565 (XVI) Page 96

b) UN Discussions on Peace and Security issues

360. The Office continued to monitor and work closely with the Security Council and various components of the UN Secretariat on various peace and security issues of concern to Africa. The Security Council devoted some 35 meetings to African issues and adopted 10 Resolutions and 5 Presidential Statements (PRST). Notable developments reported during this period included the Council’s adoption of resolution 1886(2009) extending the mandate of the Integrated Peace-building Office in Sierra Leone (UNIPSIL), and resolution 1885 (2009) extending that of the UN Mission in Liberia (UNMIL), until 30 September 2010 in both cases; and the Security Council summit-level meeting of 24 September chaired by US President Barack Obama, on the topic of nuclear non- proliferation and disarmament, at the end of which the Council adopted resolution 1887 (2009). The Office also continued to work with the Council, and the UN Secretariat on the deployment of UNAMID, and participated in the process of recruitment and rotation of its senior military personnel. With respect to Somalia, the Office observed the slow progress in the establishment of the “light footprint” in Mogadishu envisaged as the first step of the UN three-phased approach. The Secretary-General joined international community in expressing outrage at the attacks perpetrated against AMISOM on 17 September, which killed 17 African peacekeepers, including the Deputy Force Commander. Related developments reported during this period included the fourth meeting of The Contact Group on Piracy off the Coast of Somalia held on 10 September, and that of the International Contact Group on Somalia held on 23 September. The Office monitored overall efforts by the UN Secretariat seeking to enhance engagement with TCCs and PCCs following the call of the Security Council during its thematic discussion on Peacekeeping operations. With respect to the Question of Palestine, the UNGA considered the Goldstone Report on the conflict in Gaza and adopted a resolution which amongst other things requested the Secretary-General to submit the report to the Security Council for further consideration. The Office also participated in the observance of the International Day of Solidarity with the Palestinian People on 30 November 2009 in New York. In other matters, the Security Council heard briefings by the Special Envoy on the Great Lakes Region, H.E. Olusegun Obasanjo, and by the Secretary-General’s Special Envoy for the Lord’s Resistance Army-affected areas, H.E. Joaquim Chissano.

361. The Office participated in thematic debates held in the Security Council, notably that on women, peace and security sanctioned by the adoption of Resolution 1888 (2009) on sexual violence, which amongst other things requested the Secretary-General to appoint a Special Representative for this question, and the annual debate on the protection of civilians in situations of armed conflict sanctioned by a presidential statement. Finally, the Office monitored the briefings by the three counterterrorism committees, namely the 1267 Committee (Al-Qaida and Taliban Sanctions), the 1373 Committee (Counter-Terrorism EX. CL/565 (XVI) Page 97

Committee, or CTC) and the 1540 Committee (weapons of mass destruction and terrorism), which amongst other things, underscored the importance of reporting by Member States, and need for better cooperation and coordination between the Committees themselves.

c) 64th Session of the UN General Assembly and other related activities

362. The Office facilitated the successful participation of the AU Commission in the General Debate of the 64th Session of the General Assembly, during which African leaders discussed efforts on a broad range of issues regarding peace and security and socio- economic and political development in Africa. In this connection, the office facilitated various events held in connection with the assumption of the Presidency of the 64th Session by H.E. Dr. Ali Treki (Libya) as well as the participation of the Chairperson of the Commission in various high level events, including the Summit meeting organized by US President Barack Obama with Heads of State and Governments of Sub-Saharan Africa, as well as the over 20 bilateral consultations the Chairperson held with various officials and dignitaries. A major development was the signing of the Memorandum of Understanding (MOU) pertaining to the Pan African University between the African Union Commission (AUC) and the Fairleigh Dickinson University in New York on September 29, 2009. The Office facilitated the reactivation of the African Committee of Seven on the Comorian Island of Mayotte, pursuant the decision of the Assembly and facilitated its meetings. A major achievement was the re-enlisting of the question concerning the Comorian Island of Mayotte on the agenda of the 64th Session of the UNGA, pursuant to paragraph 15 of the Plan of Action (SP/ASSEMBLY/PS/PLAN (I) adopted by the Special Summit of the African Union on the Consideration and Resolution of Conflicts in Africa, held in Tripoli on 31 August 2009. The Office also continued to facilitate activities of other AU consultative bodies, notably the convening of the 17th Session of the International Contact Group on Guinea, the 6th Working Session of the International Contact Group on Guinea Bissau, and consultations in the African Group of Experts of the UNGA Sixth Committee, with respect to preparations for the ICC review Conference of the Rome Statute on the International Criminal Court, to be held in Kampala Uganda in 2010. In this process, the Office observed the importance of strengthening coordination between Addis Ababa and New York with respect to the activities of African membership and participation in various treaty bodies. The Office also continued to facilitate, and participated in the engagement between the AU and its partners with the UN on the request for the deferral of the ICC case against the President of Sudan, in accordance with the provisions of Article 16 of the Rome Statute of the ICC, pursuant to the Assembly/AU/Dec.221 (XII). The Office also noted the UN condemnation of the events which occurred in Conakry, Guinea on 28th September 2008 and preparations being made to investigate alleged human rights violations by the UN bodies.

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363. On disarmament and non-proliferation, the Office monitored the 2009 substantive session of the UN Disarmament Commission, as well as those of its two subsidiary bodies, working respectively on nuclear disarmament and non-proliferation, and on confidence- building measures in the field of conventional weapons. Following the entry into force of the Pelindaba Treaty in July 2009, the Office launched the process of closer cooperation with other Nuclear Weapon-Free Zones (NWFZ), with a view to garnering support for the process implementation of this treaty. The Office also noted progress in preparations for the 2010 Nuclear Non-proliferation Treaty (NPT) review Conference. Regarding post conflict reconstruction and development, the Office continued to monitor and participate in the Peace-Building Commission (PBC) activities pertaining to the four African countries under its consideration, namely Sierra Leone, Burundi, Guinea Bissau, and the Central Africa Republic. A notable development was Security Council’s debate on post-conflict peace-building held on 22 July, at the end of which Council adopted a presidential statement (S/PRST/2009/23). As noted in the mission of the PBC to the AUC, there is urgent need to strengthen cooperation between the two bodies.

364. The Office continued to closely monitor the United Nations Reform process, in particular, the three rounds of intergovernmental negotiations in the General Assembly on various clusters of UN Security Council Reform, launched on 28th February 2009. Pursuant to the decision of the African Union Assembly/AU/Dec.230 (XII), the Office continued to facilitate the activities of the Committee of Ten on UN Reform in New York which, working in consultation with the African Group, engaged in the intergovernmental negotiations and continued to promote the African Common Position as outlined in the Ezulwini Consensus. In this connection, the Office also facilitated the meeting of the Committee in Kampala, Uganda on 20 October 2009, which re-affirmed the Ezulwini Consensus.

365. The Office continued to monitor preparations for the 2010 high-level plenary meeting of the General Assembly, to be held pursuant to Resolution 63/302 adopted during the sixty-third session on 9 July 2009, and in particular the consultations for which the President of the General Assembly appointed H.E. Paul Badji, Permanent Representative of Senegal, as Co-Facilitators for the consultations.

d) African Candidatures in the International System

366. The Office facilitated the successful coordination of the African Group process related elections in 2009, in the light of decision of the AU EX.CL/Dec.519(XV) Rev.1) and other decisions on candidatures taken at the level of the African Group in New York. A notable development was the successful election of the two African States (Nigeria and Gabon) to the two non-permanent seats in the Security Council for the period 2010-2011, as well as the re-election of Nigeria and Botswana to the UN Committee on Administrative and Budgetary Questions (ACABQ). During this process, the African Group commenced the review of its Guidelines on Candidatures, with a view to enhancing coordination with EX. CL/565 (XVI) Page 99 the AU Ministerial Committee on Candidatures in the light of the current system of bi- annual Summits, amongst other things. The Office also facilitated the launching of the African Group process to select candidates to fill vacancies in UN bodies during elections to be held in 2010.

e) Multilateral Interaction

367. The Office continued to facilitate interaction between the African and European Union Troika in New York towards developing a more structured but flexible environment for engagement on issues of shared concern, and with a view to enhancing their role in implementing the Africa-EU Strategic Partnership and the first Action Plan (2008-2010) adopted in Lisbon in December 2007. The office monitored progress on the erection of a Permanent Memorial in Remembrance of the Victims of Slavery and the Transatlantic Slave Trade, following its establishment in October 2008 by Resolution 63/5. The milestones achieved included the establishment of a Trust Fund with a voluntary contribution standing currently at US$.346,118.00, the appointment of a Goodwill Ambassador to assist with re-engaging international attention on the horrific nature of slavery, while promoting the initiative’s media outreach and resource mobilization efforts, the approval of budget for the project amounting to US$.4,208,009.00 the adoption of Resolution A/RES/64/10 in the General Assembly, the establishment of Advisory Board composed of 12 prominent leaders from the public and private sector, the holding of the Advisory Board inaugural meeting on 17 November 2009, the first fund-raising event held at the Ana Tzarev Gallery auction entitled “Grace of Africa”, and the planning for Grand Gala fundraising event in February 2010. A Steering Committee composed of 5 Permanent Representatives from Africa and two from the Caribbean Group of States was established and is currently conducting preparations for the March 25 Commemoration in 2010.

f) Social Matters

368. The Office followed the Panel Interactive Thematic Dialogue of the UN General Assembly on “Access to Education in Emergency, Post-crisis and Transition situations- caused by Manmade Conflicts or Natural Disasters” which was held on 18 March 2009, which underscored education as an integral part of humanitarian response to conflicts and natural disasters. In the interactive thematic dialogue of the General Assembly focused on “Taking collective action to end human trafficking” of May 13, 2009, Africa encouraged the UN Member States to develop a Global Action plan on Human Trafficking. The forum on Global Health focusing on the H1N1 crisis was held on 15 July 2009; which underscored the importance of improved health outcomes for Member States’ ability to achieve the Millennium Development Goals (MDGs).

EX. CL/565 (XVI) Page 100

369. Another notable development was the meeting organized on June 16, 2009 on the Implementation of the Declaration of Commitment on HIV/AIDS and the Political Declaration on HIV/AIDS, to maintain momentum and commitments towards the goal of universal access to comprehensive HIV prevention, treatment, care and support by 2010, and the World Day of Sensitization of the Sickle Cell Disease observed on June 19, 2009, which raised awareness of sickle-cell anaemia and encouraged wider UN Member States and partners to provide necessary support. The Office also monitored and reported other events including the Second session of the Conference of State Parties to the Convention on the Rights of Persons with Disabilities held from 2 to 4 September 2009, the International Youth Day celebration held on August 12, 2009 under the theme “Sustainability: Our challenge, our future”, and the first Humanitarian Day observed on August 19, 2009, to pay tribute to the efforts of the UN aid workers. The Office monitored the establishment of the Sergio Vieira de Mello Foundation and an annual prize in his memory and UN victims of the Baghdad bombing, to recognize his outstanding achievements in the peaceful reconciliation of conflict. On September 23, 2009, the Office in collaboration with the United Nations and the European Union held a Breakfast meeting for Foreign Ministers on the theme “Towards the 10th Anniversary of UN Security Council resolution 1325: joining forces for bringing real progress in the area of women, peace and security”; to assess progress on the implementation of the UN Security Council Resolutions 1325 and 1820 and identify mechanisms to sustain the political momentum towards its 10th Anniversary in 2010.

370. It should also be noted that the African Leaders Malaria Alliance (ALMA) was launched by African Heads of State and Government on September 23, 2009. It is expected that ALMA will hold its first session on the margins of the African Union Summit in January 2010 in Addis Ababa. The opening, for signature and ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights adopted at the sixty-third session of the General Assembly by Resolution 63/117 on 10 December 2008 was an important development for Africa, considering the fact that it currently has 30 signatories and ratifications, and will enter into force when ratified by 10 other State Parties. The Office noted that the international community welcomed the adoption of The AU Convention (Kampala Convention) for the Protection and Assistance of Internally Displaced Persons in Africa and the Kampala Solemn Declaration.

g) Economic Matters

371. The Office attended the Substantive Session of ECOSOC (6 July – 30 July 2009) in Geneva where ECOSOC focused on a range of issues on the UN's development agenda. The Council took note of the updated report of the Secretary-General on the Council’s role in the integrated and coordinated implementation of the outcomes of and follow-up to major United Nations Conferences and summits in the light of relevant General Assembly resolutions. EX. CL/565 (XVI) Page 101

372. A notable development was the holding of the high level meeting on Climate Change jointly convened by the UN Secretary-General and the President of the General Assembly on 22 September 2009 to which the Commission was represented by its Chairperson and which was attended by more than 40 Heads of State and Government and some 200 leaders of business and civil society organizations.

373. The Office also closely followed preparations for the High-Level Conference on South-South Cooperation held in Nairobi, Kenya in December 2009, on the occasion of the Thirtieth Anniversary of the adoption of the Buenos Aires Plan of Action for Promoting and Implementing Technical Cooperation among Developing Countries, under the theme, “Promotion of South-South Cooperation for Development”. In the same vein, the Office monitored all meetings convened in New York on the preparation for Copenhagen Summit on Climate Change which was held from 7 to 18 December 2009. The Office followed this year’s session of UN Second Committee, which dealt with issues such as macroeconomic policy questions including international trade, international financial system, debt and commodities, financing for development, sustainable development, human settlements, poverty eradication, globalization and interdependence, operational activities for development, and information and communication technologies for development. The Committee adopted a number of draft resolutions in connection with the issues discussed during this session.

h) African Group Activities

374. During the period under consideration, the Office continued to facilitate the activities of the African Group of the whole, which included a total of 15 meetings. The Office facilitated the consideration by the Group of various issues of importance to Africa, including the review of the biennial Resolution on AU/UN Cooperation, the Scope and Application of the Principle of Universal Jurisdiction, the prevention of malaria; Climate Change; the Responsibility to Protect, Peace-building, Activation of the Steering Committee for the 2010 Commemoration of the International Day of remembrance of the Victims of slavery and the Trans-Atlantic Slave Trade; the global food, financial and economic crises; and the 2nd Africa-South America Summit held in Caracas, Venezuela. The Group also maintained close engagement with the UN system, and heard briefings by various officials, including the Deputy-Secretary General on System wide-Coherence; the Executive Secretary of the Economic Commission for Africa; the UN High Commissioner for Human Rights, the Directors of the UN 1540 Committee and of the New York Office of World Food Programme on their respective activities with respect to Africa. The Office continued to facilitate the work of the African Experts of various UN Committees which held a total of 54 meetings on matters relevant to their respective Committees. A major success of the African Group during this period was enlisting of the item entitled “Scope and Application of the Principle of Universal Jurisdiction” on the agenda of the 6th EX. CL/565 (XVI) Page 102

Committee of the UNGA, pursuant to AU Decisions Assembly/AU/Dec.199(XI) and Assembly/AU/Dec.213(XII), the effective consideration of which also started.

(2) WASHINGTON OFFICE

375. The AU Washington Office pursued implementation of its mandate in the framework of the AU Strategic Plan 2009-2012 with a view to, in particular, ensuring that African Union’s continental leverage is brought to bear in advancing Africa’s interests and priorities in Washington.

a) Peace and Security Issues

376. The Office facilitated the dissemination of AU Peace and Security Decisions (Communiqué and Press Releases) to all stakeholders primarily, the African Diplomatic Corps and the US Administration.

377. The Office also monitored and briefed the Commission on developments both at the level of the US Congress and Administration relating to issues of peace and security in Africa. Of particular interest during this reporting period was a review of the US Sudan Policy which led to a shift in approach aimed at addressing the situation in Sudan holistically as well as in the broader context of regional stability.

378. It is to be noted that while the New Strategy for Sudan is a welcome development with potential for a more comprehensive approach to this situation, the African Union should continue to advocate for close collaboration and coordination with the African Union and other key regional players as critical to safeguarding the gains already achieved in the peace process. Sustained and concerted international efforts are also equally indispensable.

379. The recent submission of the Report of the AU High-Level Panel on Darfur (AUPD), and its subsequent endorsement by the AU Peace and Security Council, coming as it did, in the wake of the US Administration’s New Strategy for Sudan, could be viewed as a concrete expression of the African Union’s commitment and resolve to effectively and comprehensively address, on the one hand, the issues of accountability and combating impunity and, on the other hand, reconciliation and healing as firm foundations for lasting peace.

380. The Office facilitated onward transmission of the letter from the Chairperson of the Commission to the US Secretary of State transmitting the Communiqué adopted by the AU Peace and Security Council on the AUPD Report. The letter was responded to in a positive and diligent way which indicates that the US Administration is a critical player in the implementation process. The AU should therefore encourage the US leadership so as it is fully engaged in the international implementation support efforts for the AUPD Report. EX. CL/565 (XVI) Page 103

381. In other areas of crises and conflicts, the African Union’s efforts to restore constitutional order, particularly in Guinea, Mauritania and Madagascar have been viewed by the US Government as commendable steps as revealed in various consultations and exchanges undertaken with US Administration officials. Particularly noteworthy were indications that the African Union’s robust and timely stance against unconstitutional changes of government on the continent offer a unique platform for building genuine partnership between the US and the African Union in matters of peace and security on the continent. Clearly, the African Union’s proven record of successful mediation and conflict prevention and resolution efforts on the continent are being increasingly recognized by the US Administration.

b) Supporting efforts in Promoting sustainable social and human development and Capacity Building

382. The Office facilitated the visit of the AU Commissioner for Human Resource, Science and Technology to engage with key US Institutions on strategies for supporting the implementation of African Union programs and initiatives, as well as advancing the African Union’s vision for the establishment of Pan African Universities.

383. The Office also participated and lend its support to the Commission at the 3rd Inter- agency meeting on coordination and harmonization of HIV/AIDS, TB and Malaria Strategies jointly organized by the African Union, UNECA and UNAIDS. The Office endeavours to ensure effective follow-up of the recommendations emanating from the meeting particularly those relating to coordination and harmonization of donor support as well as advocating for more creative funding sources and mechanisms including advising on strategies for the full participation and involvement of Washington-based civil society and private sector entities.

384. The Office represented the Commission at the First Working Session for the establishment of the International Committee which would spearhead preparation for the Second World Youth Conference (WYC) scheduled to be held August 23-29, 2010 in Mexico. The meeting discussed, amongst other things, the background and context of the Second World Conference, the Terms of Reference of the International Committee as well as modalities for organizing the regional Pre-conferences. It should be noted that the Second World Conference will build on the outcome of the First World Conference on Youth held in Braga, Portugal in 2000 in which the Commission actively participated. Continental coordination for organizing Africa region Pre conference rests on the shoulders of the Commission. Clear political direction to African Youth Ministers as well as the African Permanent Representatives in New York would be necessary to facilitate early involvement in the preparatory process both at the level of the capitals and African delegations in the multilateral processes. EX. CL/565 (XVI) Page 104

385. With regard to the Comprehensive Africa Agricultural Development Program (CAADP), it is worth to note that it has gained recognition at the highest level of the United States Government as Africa’s platform for promoting food security and a viable framework for comprehensive Agricultural development in Africa.

386. The Office participated in the US State Department consultations on the US Global Hunger and Food Security Initiative. The launch of this initiative after the adoption of the AU Summit Declaration on the theme, “Investing in Agriculture for Economic Growth and Food Security” in July 2009 could be viewed as a spontaneous and timely response by the US Administration to address the global food crisis and signal its commitment to specifically support Africa’s effort to reducing hunger and poverty through Agricultural development. Of particular interest is the fact that the US initiative not only recognizes CAADP as the model for Africa but its principles are closely aligned with those of CAADP.

387. The Commission stresses the need to build on and sustain this momentum by increasing the level of buy-ins and ownership at the national level with a view to facilitating a coordinated strategy for leveraging available resources for the effective implementation of CAADP. The Office in Washington will continue to work in close collaboration with the African Diplomatic Corps, to engage the US Administration and Congress including forging strategic alliances for advocacy to ensure that the new US initiative translates into practical action anchored on CAADP. The continental leadership and coordinating role of the Commission continues to be pivotal moving forward in this process.

388. As regards AGOA, the Office participated in the 8th AGOA Forum held in Nairobi, Kenya, 4-6 August, 2009 and was actively involved in the coordination efforts of the African Diplomatic Corps in Washington. The Office also facilitated and supported the Commission’s delegation advising on inputs into the African Ministerial Consultations and also contributed to the final Report of the Commission’s participation at the Forum.

389. Convened by the Ways and Means Committee to evaluate the impact and operation of US Trade Preference Programs, a Congressional Hearing was held on 17 November 2009 to draw lessons there-from and identify opportunities for improvements in areas where challenges still remained including the subsequent introduction by Congressman Jim McDermott (d-WA) of the New Partnership for Trade Development Act(H.R.4101) dubbed “the McDermott Bill” . The Office specifically drew attention to the far reaching implications of the strategic objective of the review process for preferences under the AGOA as well as the goals of the Act which were likely to erode African countries benefits under AGOA. The office will continue to monitor developments and coordinate efforts at the level of the African Diplomatic Corps in close consultation with the Commission with a view to ensuring a more harmonized African approach on Trade-related issues in close coordination with the Commission and the Geneva Office. EX. CL/565 (XVI) Page 105

390. In this regard, the Commission would like to advise the AU Policy Makers to exploit this positive momentum through the formulation of a continental strategy, adopted at the highest political level, to engage the US Government to include a regional integration component in its key trade and development instruments particularly in the process of the review of AGOA, MCA and PEPFAR.

c) US/Africa Relations

391. There is considerable evidence that the new US Administration is strongly committed to raise the profile of US/Africa relations. Indeed, the visit of President Obama to the continent in July 2009 followed by that of Secretary of State Clinton put into practical effect the new administration’s commitment to listen and consult. More importantly, the visit was a vindication that Africa is a critical player in an increasingly globalized world. The invitation extended to the Commission by the US Administration which enabled the Commission’s participation in the G-20 Summit held in Pittsburgh could also be viewed in the same context.

392. In pursuance of discussions between the US Assistant Secretary of State and the Chairperson of the Commission, including the undertaking of annual visits by the latter to Washington aimed at strengthening working relations between the two sides, the Office organized the visit of the Chairperson of the Commission to Washington in September 2009. The programme of the visit included the participation at the Corporate Council for Africa’s 7th Annual Africa Business Summit; interventions at the Africa Center for Strategic Studies, Briefing to the African Diplomatic Corps and; interaction with the African Diaspora in a “lunch conversation” A roundtable discussion was also organized with members of the US Congress, chaired by Congressman Donald Payne.

393. The Office followed developments in the aftermath of the high level working luncheon held by President Obama with some African Leaders in New York on the margins of the UNGAS in September 2009. One of the key outcomes of this US engagement was the launch of a series of consultations initiated by the US Administration with African Embassies and the AU Washington office. It should also be noted that the US Administration has extended an invitation to the Chairperson of the Commission for an official visit during the first half of 2010 in order to strengthen the strategic partnership between the US and the African Union as a key regional player.

d) AU/OAS Relations

394. The Office facilitated the signing, between the Chairperson of the Commission and Mr. Jose Miguel Insulza, Secretary-General of the Organization of America States of the Memorandum of Understanding, between the two sides on October 1, 2009. The Memorandum of Understanding is aimed at strengthening institutional working relations EX. CL/565 (XVI) Page 106 between the African Union and the OAS on mutually agreed upon areas. As a concrete step in the implementation process, the Commission is considering on how best to finalize discussions with the OAS on the proposed meeting of the Second AU/OAS Forum on, “Challenges and Opportunities in the Promotion and Defense of Democracy and Human Rights in Africa and the Americas” scheduled to be held in Addis Ababa in 2010.

e) AU/CARICOM Relations

395. The Office facilitated the meeting held between the Chairperson of the AU Commission and Dr. Edwin Carrington, Secretary-General of CARICOM in New York on the margins of the UNGAS, to follow-up on earlier discussions on an appropriate mechanism to promote regular dialogue and interface between the two regions, as also discussed on the margins of the Commonwealth Summit held in Abuja, Nigeria in 2003.

396. A more structured AU/CARICOM working relations can only be a win-win for both sides. The Commission is considering on ways and means to strengthen this strategic relationship.

f) AU/World Bank and IMF Relations

397. The Office continued to work in close collaboration with the Bank to accelerate progress in the implementation of the AU/World Bank MOU. During the period under review, consultations were undertaken between the Bank and the Commission as well as technical support and knowledge transfer to relevant Departments. Of particular importance were the consultations with relevant Bank and Fund officials in the process of elaboration of a common African position for the G-20 Summit held in Pittsburgh in September 2009.

g) Institutional Strengthening

398. In view of its present responsibilities and current constraints, it will be most important to re-consider the staffing situation and to accelerate the process of the acquisition of a permanent office building as authorized by the AU Policy Organs.

(3) GENEVA OFFICE

a) Political and Human Rights Issues

399. Pursuant to the Declaration adopted by the Assembly during the Special Summit on Conflicts on 31 August 2009 proclaiming 2010 the African Year of Peace and Security , the Geneva Office will intensify consultations with the relevant Geneva-based players, to afford this event the visibility it deserves, including through the second edition of the EX. CL/565 (XVI) Page 107

African forum for dialogue which will be organised on the occasion of the celebrations of Africa Day in May 2010.

400. Throughout the various regular and special sessions held by the human rights Council (HRC), in particular concerning the human rights situation in some African countries, the African Group in Geneva promoted approaches based on dialogue and transparent negotiation as the pillars of an efficient and productive treatment of human rights situations in African countries. The implementation of this approach during the review of the human rights situation in Somalia led to the provision of a technical assistance to this country, which constituted a success as several requests had failed in the past.

401. In other cases such as Sudan or the DRC, if it is true that dialogue and negotiations have not yielded the expected results on the part of the countries concerned one should note that the partners gave priority to a wider consultation with the African Group which was able to take ownership of all issues of concern to Africa. This aspect is capital since until only recently, partners were merely satisfied to apply their own judgement onto any given African situation, table unilateral draft resolutions, leading the African Group with no alternative but to be on the defensive, attempting to modify or tone it down the language proposed, often simply opposing it.

402. One should also emphasise that the Commission’s efforts, through persistent and periodic dialogue with the European Union, particularly in respect of human rights issues, played a catalyst role, explaining to partners the need for such a dialogue with African States which are the appropriate counterparts for all matters relating to Africa. The various meeting cycles with the European Union, in Addis Ababa and Brussels, indeed constitute the most pertinent instrument which has proved very successful, causing partners to be more amenable to dialogue and negotiations prior to taking any action.

403. In addition to issues pertaining to human rights situations in some African countries, the HRC examined the report submitted by the fact-finding Commission on the violations of human rights and international humanitarian law during the Israeli attack on Gaza, end of 2008 early 2009, referred to as the “Goldstone report”. In this context, the African Group pursuant to the pertinent decisions of the Assembly and Executive Council of the African Union, played an important supporting role to the Arab Group which initiated the resolution, transferring the said report to the United Nations General Assembly in November 2009.

404. Moreover, the impact of the global economic and financial crises on the universal achievement and effective enjoyment of human rights was high on the agenda of the HRC. A special session on this issue and its follow up throughout the HIV sessions pointed out to the western origin of the crisis along with its contagious effect throughout the rest of the world, calling for the maintenance of the volume and quality of development aid, a swift EX. CL/565 (XVI) Page 108 conclusion of the Doha round of negotiations and the particular attention which must be paid to certain categories of vulnerable people such as women, children, migrants, and other minorities.

405. In terms of the fight against racism, some political tensions in the process of the review conference held in April 2009 were exacerbated, in relation to both the debates within the HRC and the mechanisms relating to the Durban Declaration and Programme of Action (DDPA), including the working group on the effective implementation of the DDPA and the Ad Hoc Committee for the elaboration of complementary international standards to address contemporary forms of racism including xenophobia and intolerance.

406. The African Group in Geneva and the Commission worked closely towards the preparations of the Durban Review Conference and the elaboration of a Draft Protocol on complementary standards which will be presented to the international community.

b) Humanitarian affairs

407. Within the context of humanitarian affairs, 2009 was marked by the preparation for the Special African Union Summit on Refugees, Returnees and IDPs held in Kampala, Uganda from in October 2009 and the adoption of the African Union Convention for the Protection and Assistance to the Displaced Persons in Africa, henceforth referred to as the “Kampala Convention”. This is the first international binding instrument in the world that addresses this issue, in keeping with the most developed and widely adopted international standards. The international community has shown a keen interest in this new Convention. Following its adoption, a proposal was made by key actors such as UNHCR ICRC, and BCAH to support the AU in the promotion of this Convention to ensure its early entry into force and implementation.

c) Economic and trade issues

408. In the area of telecommunications, an important delegation of the Commission actively took part in the ITU World Forum 2009 organised by the International Telecommunication Union (ITU). During this event, contacts were made and working sessions organised with a view to ensuring a smooth preparation of the debate pertaining to the ICT role in the development of Africa.

409. At the First African Forum for Dialogue organised in 2009 by the Geneva Office, pertinent recommendations relating to ICT were made, including the following:

 Review the regulatory frameworks and harmonize policies and regulations both at sub-regional and regional levels;  Reduce infrastructure imbalances;  Build broadband communication infrastructure to facilitate electronic activities in EX. CL/565 (XVI) Page 109

the areas of trade, health, education, administration, etc.  Promote technical assistance and capacity-building programmes to disseminate ICT in Africa and their utilisation in all areas of activities;  Deepen cooperation with international institutions that are working to bridge the digital gap;  Protect traditional knowledge and genetic resources at national level and work closely with international organizations to ensure protection at international level.

410. The issue of Intellectual Property is a recurring one and deserves particular attention on the part of African leaders. Such an endeavour would provide one with the opportunity to discuss and adopt necessary measures for the development of this domain which is of critical importance to safeguard Africa’s wealth, genetic resources, traditional knowledge and cultural heritage. The Office endeavours to bring the required support to the African Group in its strenuous negotiations within the Committee on Genetic Resources, traditional knowledge and Folklore, leading to a protection of these resources against misappropriation.

411. During a workshop organised by the Geneva Office, in collaboration with WIPO, the position adopted by the African Group was quite instrumental in negotiating the renewal of the mandate of the said Committee by WIPO General Assembly. Given the fierce opposition from the Western Group, this renewal was taken for granted.

412. The purpose of this Committee is to push for the adoption of legally binding international instruments to ensure better protection of traditional knowledge and folklore along with a fair distribution of genetic resources. Its work schedule was clearly defined and should give rise to the convening of a Diplomatic Conference in 2012. Africa would do well to take the initiative to elaborate it own legal instrument in order to protect its Genetic Resources, traditional knowledge and Folklore, which will strengthen its position during international negotiations.

413. The Postal sector, which does not seem to attract the required attention, is currently achieving encouraging results, even during the current global financial crisis, given the multifarious activities undertaken by UPU for the development of postal services in development countries, in Africa, in particular, by diversifying its products and services in order to tackle potential competition, particularly in terms of small investors’ remittance management and transfers.

414. The Geneva Office took part in the deliberations of UPU’s Governing Board with a view to outlining the achievements in the area of postal services and reiterating AU support to the UPU and Kenya, which will be hosting UPU’s strategic conference slated for 22 and 23 September 2010 in Nairobi.

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415. In respect of the World Meteorological Organisation, the Commission participated in the work of this organisation’s global congress, the WCC3. Among ideas that emerged from this Conference was the proposal on the convening of a Conference of African Ministers in charge of meteorological issues in Africa. This initiative is aimed at addressing the great challenge of our continent in the production and use of meteorological services in disaster prevention and climate change for the economic development of African countries. It is finally proposed that this Ministerial Conference will be held from 12 to 16 April in Nairobi, Kenya.

416. Concerning the World Trade Organisation, 2009 ended with the holding of the 7th WTO regular Conference, which is the first of its kind since Hong Kong 2005. The deliberations of this Conference were organised more as a discussion forum than a negotiating session.

417. The general theme examined by this Conference was: “WTO, the multilateral trade system and the current global economic environment”, with debates revolving, essentially, around the systemic functioning of the WTO with a view to promoting and defending the opening up of trade within a transparent, non-discriminatory framework, placing development at the centre stage of the multilateral trade system.

418. It is gratifying to note that on this occasion, African delegations expressed themselves with one voice, concerning their commitment towards the conclusion of the Doha Round of negotiations which would take their interest into consideration, along with the Millennium Development Goals for which the Round had to provide answers, given the current global economic climate.

419. Along with its consolidated position, this message from Africa is the brainchild of a preparatory process that started in the course of the first semester of 2009, with joint efforts by the Commission and Member States in the Geneva-based African Group supported by the AU Geneva Office.

420. A couple of working seminars were organised in Geneva. One of them brought together the African Missions of Brussels and Geneva in order to evaluate the state of the negotiations, within the framework of the WTO and the EPAs, developing better understanding of the issues at stake for both sets of negotiation processes, and submitting recommendations in prelude to the WTO Ministerial Conference.

421. It will be recalled that an informal Conference of African Ministers of Trade held in Cairo, from 27 to 29 October 2009 had updated the African position, thus consolidating the development dimension and reaffirming Africa’s commitment to positively contribute to all endeavours aiming at concluding the Round.

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422. The Special Session of a Conference of African Union Trade Ministers met later on in Geneva and endorsed the communiqué resulting from the Cairo meeting and adopted an Action Plan for an efficient participation in the work of the 7th WTO Conference. The Commission which took part in the said session as already mentioned, contributed to the various consultations and coordination meetings with the other regional groups, especially the Group of Developing Countries coordinated by Gabon, with a view to promoting one voice for Africa’s negotiators.

d) Social Matters

423. The key issue that dominated the discussions during meetings of the UN and international bodies in Geneva was the global crisis, in particular its impact on developing countries.

424. At the International Labour Organisation, the debate focussed on the impact of the crisis on migrant workers, which resulted in a reduction in the flow of remittances, a negative perception of migrant workers by host communities and xenophobia.

425. Anxious to broaden and enrich the dialogue with our partners to areas of keen interest to Africa and aware of the growing importance of migration issues, in particular the impact of the global economic crisis on migrations, the Geneva Office organised a seminar on migration, on 13 November 2009, including human rights and employment matters into the discussions. This seminar was graced by a high level attendance by AU partners, in particular an important delegation of IOM led by its Director General, high-ranking EC, ILO and HCR officials, along with Representatives of Regional Economic Communities.

426. The recommendations of this seminar essentially focussed on strengthening the dialogue with the partners, in particular the European Union, and capacity building for the Geneva-based African Group to ensure that the concerns of the African countries are high on the global agenda, and work for the promotion of AU instruments and campaigns in relation to migration issues.

427. IOM is currently re-examining its structure both at headquarters level and field missions. The African Group took an active part in the debate launched by IOM on its restructuring project, making sure that the resolution that was recently adopted by the 98th session of the IOM Board on the review of the organic structure does indeed encapsulate Africa’s concern, in terms of the number and location of Regional and Liaison Offices in Africa, which should be in keeping with the diversity of migratory types and flows on the continent.

428. Moreover, it would be of interest to Africa to engage a reflexion on the establishment of an appropriate mechanism to deal with African migration and its EX. CL/565 (XVI) Page 112 contribution to development, which could act as a technical cooperation agency and African observatory on migratory flows in Africa. It should be an efficient and well- structured counterpart to deal with our partners and other intervening parties working in the area of migrations.

429. On the International Labour Organisation, the deliberations and activities focussed on the follow up to the Global Jobs Pact, an initiative that was adopted in June 2009 by the 98th session of the International Labour Conference. Designed to be an instrument advocating an end of the crisis hinging on investment in the real economy and the creation of jobs, the importance of the Global Jobs Pact did not escape the attention of the AU Commission of Labour and Social Affairs.

430. Indeed, at its 7th session, the LSAC adopted a declaration on the implementation of the Global Pact in Africa, welcoming the convening of the First African Symposium on Decent Work by President Blaise Compaoré of Burkina Faso, in collaboration with ILO, around the theme: «Overcoming the crisis: the implementation of the Global Jobs Pact in Africa”.

431. A steady follow up of the Global Pact is necessary, particularly in Geneva, and within international deliberating bodies, to make sure that Africa does not lag behind in the economic upswing process. In this regard, novel initiatives enabling one to strengthen the capacities of the African Group on ILO-related issues would be beneficial.

(4) BRUSSELS OFFICE

432. The Permanent Mission of the African Union (AU) in Brussels continued to implement its 2009 activity programme which focuses on monitoring implementation of the instruments of cooperation between Africa and the European Union, namely: the Africa-EU Joint Strategy and the ACP-EU Cotonou Agreement. The Mission also monitors on regular basis the working relations with EU institutions with a view to following up on Africa-EU partnership.

a) Implementation of the Africa-EU Joint Strategy

i. Workshop to mobilize resources towards the Africa-EU Joint Strategy

433. The Mission participated actively in the workshop held in Addis Ababa from 5 to 7 October 2009, objective of which was to seek the ways and means to mobilize financial resources for effective implementation of the Africa-EU Joint Strategy and the related 2008-2010 Plan of Action, as adopted by the 2nd Africa-EU Summit held in Lisbon in 2007. The workshop saw the effective participation of the representatives of the five regions of EX. CL/565 (XVI) Page 113 the African Group of Ambassadors in Brussels. It discussed, inter alia, the modus of creating a Pan-African fund for implementation of the Joint Strategy.

ii. 13th Meeting of Africa-EU Ministerial Troïka

434. The Mission participated in the 13th Meeting of Africa-EU Ministerial Troïka as well as in the preceding preparatory meetings of senior officials and experts held in Addis Ababa from 8 to 14 October 2009. That meeting considered the mid-stream report on implementation of the Africa-EU Joint Strategy and exchanged views on the upcoming international negotiations, especially the Copenhagen Conference on Climate Change. After consideration of the report, the Ministers reiterated their commitment to invigorate the strategic partnership between the African and European Continents and appealed for acceleration of measures to, among other things, upscale the level of implementation of the first Plan of Action. They expressed the wish that a second Plan of Action could be adopted by the next Africa-EU Summit scheduled for 2010.

iii. Civil Society Participation in the Implementation of the Joint Strategy

435. The Mission actively participated, alongside European Commission representatives, in a seminar organized by the African Diaspora Policy Centre (ADPC) in Brussels from 1 to 2 October 2009 in the premises of the European Commission. The objective was to encourage the civil society, including the African Diaspora associations in Europe, to exchange views on how best to contribute effectively to the implementation of the Africa- EU Joint Strategy.

b) Implementation of the Cotonou Agreement and Cooperation with Development Partners

i. ACP-EU Cotonou Partnership Agreement

436. Monitoring the implementation of the ACP-EU Cotonou Partnership Agreement forms part of the day-to-day duties of the Mission.

437. The second five-year review of the Cotonou Agreement which started in March 2009 is anchored on the regular meetings of three thematic groups: i) the political, humanitarian, human development and institutional dimensions; ii) regional integration and trade; and iii) finance and development. The Mission participated in the work of these groups so as to contribute to invigorating AU role and place in the Cotonou Agreement and also to lend its assistance towards the coordination of the positions of the African component of the ACP with a view to harmonizing these positions with AU strategy for integration of African economies and their integration into the global economy.

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438. Further, as part of monitoring the implementation of the Cotonou Agreement, the Mission participated in the following meetings:

- 17th session of the ACP-EU Joint Parliamentary Assembly held in Brussels in October 2009; - 90th session of ACP Council of Ministers held also in Brussels from 16 to 18 October 2009; and - 18th session of ACP Parliamentary Assembly and in the ACP-EU Joint Parliamentary Assembly held in Luanda from 25 to 30 November 2009.

ii. EPA Negotiations

439. The Mission facilitated the participation of African Ambassadors in a coordination meeting on EPA negotiations held in Gaborone, Botswana, on 22-23 July 2009. The meeting which dwelt on the status of EPA negotiations was convened at the initiative of the Commission pursuant of its mandate to harmonize and coordinate the positions of African regions negotiating Economic Partnership Agreements (EPA). The Gaborone meeting allowed for the continued consideration of the model proposed by the Commission and examined the status of WTO negotiations, the aim being to come up with a strategy that Africa could adopt for more effective defence of its interests in the two processes.

iii. The Lisbon Treaty and the ACP Group

440. The Mission on 16 October 2009 participated in a brainstorming meeting on the implications of the ratification of the Lisbon Treaty of the States of the ACP Group, held in Brussels. On that occasion, the Ambassadors obtained precise information on the political, institutional and legal dimensions of the Lisbon Treaty and on its repercussions on ACP- EU partnership in general, and on Africa-EU partnership in particular.

iv. European Development Days

441. The Mission participated in the fourth edition of European Development Days (EDD) organized in Stockholm, Sweden, on 22 October 2009. EDDs are staged annually by the European Commission and the incumbent presidency of the EU. The predominant theme of the 2009 edition was “Citizenship and Development” with special emphasis on the role of citizens in the development process. The Mission brought its contribution to bear on the occasion through its participation in the panel on “Citizens at the centre of Africa-EU Partnership – Mobilization of Partners” and in the panel on “Coherence of Development Policies”. Thanks to the diversity of partners and the subjects discussed, this forum offered African Union the opportunity to project its approach to these issues and to defend its vision of Africa’s development.

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v. 3rd Global Forum on Migration and Development

442. The Mission participated in the 3rd Global Forum on Migration and Development held in Athens on 4-5 November 2009. In attendance were a large number of State and non-State players. The objective was to promote the sharing of information and ideas on the linkages between migration and development with a view to exploring possible fresh initiatives and identifying new tools and best practices. Forum 2009 thus comprised three themes: i) How to make the migration-development nexus work for the achievement of the Millennium Development Goals (MDGs); ii) Migrant integration, reintegration and circulation for development; and iii) Institutional Policies and Partnerships Coherence.

c) Activities of the African Group

443. The Mission continued to deploy measures vis-à-vis the African Group of Ambassadors, extending to it all the technical and logistics assistance it requires to coordinate its endeavours in various areas, particularly the Cotonou ACP-EU Agreement and the Barcelona Process (EU-North African Mediterranean Countries Agreement) with African Strategies for Africa’s development and integration. In that regard, the following activities were undertaken:

i. 2nd Meeting between the African Group and the African Group of the EU Council

444. The Mission initiated the organization of regular informal meetings between the African Group and the African Group of the European Union Council (COAFR). The 2nd meeting of these two bodies was held on 30 September 2009 under the Swedish presidency of the EU. It discussed, among other things, how best to improve the implementation of the Africa-EU Joint Strategy, possible alignment of the Cotonou Agreement with the Strategy, strengthening Africa-EU and AU/EU political dialogue and preparation of the Workshop on financing the Joint Strategy.

ii. Meeting of the Brussels and Geneva African Groups

445. The Mission organized, jointly with the AU Observer Mission in Geneva, a views- sharing seminar for the African Groups in Geneva and Brussels on the WTO negotiations and Economic Partnership Agreements (EPAs). The objectives of the seminar which took place in Geneva on 20-21 November 2009, were to:

- exchange information on the progress of the two negotiation programmes; - evaluate the potential effects of the development of one agreement/programme on another, and vice versa; - develop common negotiation approaches, including issues concerning deadlines and pressure mechanism; and - analyze the impact of the two series of negotiation on intra-African integration. EX. CL/565 (XVI) Page 116

446. The seminar which brought together nearly a hundred participants (Ambassadors and experts) was organized to examine the interlinkages between the EPA negotiations which re-enact those of the Doha programme. It is therefore needful to promote greater coordination between African negotiators to ensure better protection of Africa’s interest in these two global trade instruments. The first session of the seminar generated great interest on the part of the Ambassadors who would like to boost their experience, thus leading them to create a mechanism capable of invigorating coordination and collaboration in a structured and institutionalized manner. It was therefore recommended that such seminar be held for the two African Groups four times a year (every three months), alternately in Brussels and Geneva.

iii. Conference of Global Water Institute on “ Water for Conflict Prevention”

447. In furtherance of the implementation of the Sharm El-Sheikh commitments to “fast track actions towards meeting the MDG on water and sanitation in our Continent” (Assembly/AU/Decl.1 (XI) adopted by the 11th Assembly of the AU, the Mission supported the organization in Brussels on 23 November 2009, of a Symposium on “Water and Conflict Prevention” by Global Water Institute (GWI), an NGO of the African Diaspora in Belgium. The objective was to mobilize international partners (donors, United Nations agencies, EU, etc) on the need to integrate the water dimension into conflict management issues. The Symposium thus discussed the prospects of a global protocol on water that would pave the way to determine how best to prevent and resolve the conflicts arising from the management of this crucial resource.

iv. Representational Activities to enhance AU visibility in Europe

448. In pursuance of shared values, the Mission continued to undertake representational and communication activities with a view to disseminating and projecting the ideals of the African Union. In this regard, it participated in numerous events on which it brought to bear the benefit of African experience, such as:

- The Conference on “the Ambitions of Europe in Space” organized by EU in Brussels in October 2009 ;

- The Conference on “Implementation of Resolutions 1325 and 1820 on Women, Peace and Security – Elaboration and Implementation of National Action Plans”, organized in Brussels in 15 October 2009 by the Economic, Social and Cultural Council of the African Union; - Visit of GTZ (German Development Cooperation Agency) students and internees to the Mission to gain first-hand knowledge of AU vision and policies; - Training seminar on African integration structures for African diplomats, organized in Vienna on 27-28 October 2009; EX. CL/565 (XVI) Page 117

- Second meeting of UNESCO International Commission for Peace Research which discussed the place of the region in the search for peace and in international relations in the 21st century; - FAO World Summit on Food Security (Rome, 16-18 November 2009) ; - Meetings and participation in the work of the International Contact Group on the political crisis in Mauritania and Guinea – participation in the hearings organized on regular basis by the European Parliament on cases of political crisis in African countries; - Seminar organized by the European Commission on the EU African Peace Facility with the theme “AU vision on the African Peace Facility” – its role in our partnership and the added value it represents; - The trilateral (AU, EU and UN) meeting held in Brussels on 9 November 2009 to consider possible support towards security sector reform in Guinea-Bissau; - Organization of two training seminars for officials of the Commission. The first which was organized in Brussels from 26 to 30 October 2009 enabled the participants to familiarize themselves with the analysis of the logical framework of project cycle management and to improve their knowledge and practices for management of their projects. The second seminar on institutional and organizational development took place in Bruges, Belgium, from 16 to 20 November 2009; the objective was to offer performance and management tools to improve work organizational framework and performance and upscale results.

(5) LILONGWE OFFICE

a) Political and Socio-Economic Situation in the Region

449. During the period under review, significant progress was made in the promotion of good governance, democracy and security. The advancement in good governance and democracy, were illustrated in the consolidation of political stability through, inter alia, the peaceful conduct of elections in some countries: Botswana, Mozambique and Namibia.

450. This notwithstanding, the search for an enduring peace, stability and democracy remains a priority for SADC. The Community pursued its efforts in the search of solutions to the political and security challenges in a few Member States such as the Democratic Republic of Congo, Lesotho, Madagascar and Zimbabwe. In this effort, the SADC Organ on Defense, Peace and Security Cooperation assisted significantly in negotiations towards the restoration of peace in the region since this is a necessary condition for development and integration.

451. In Zimbabwe, SADC was central to the advancement of a positive political landscape and the signing of political agreement as well as the formation of an inclusive Government. In Lesotho, SADC engaged political parties to pursue and adhere to constitutional means to resolve any prevailing differences. In Madagascar, SADC EX. CL/565 (XVI) Page 118 coordinated with the International Contact Group and AU for the implementation of the Maputo Accord of August 2009 and the establishment of a unity government that will organize presidential and legislative elections during 2010.

452. At the socio-economic level, actions were taken to tackle existing and new obstacles. The Community took necessary actions to mitigate the impact of climate change, global financial crisis, and the world economic recession. The Community has adopted the Protocol on Free Trade Area (FTA) and working towards the establishment of Custom Union.

453. The Office was engaged in a number of activities to promote integration and development in the region. AU-SARO in collaboration with African Development Bank (AfDB), United Kingdom Department for International Development (UK-DFID) and the Malawian Government organized a seminar focusing on the theme “Food Security: Some Innovative Solutions for SADC”. The aim of the Seminar was to allow SADC countries to discuss the current economic crisis and its implications on food security in the years ahead. The meeting addressed the problems of climate change which negatively affect food production, and recommended appropriate measures to make less severe their impacts in the region. The Seminar was organized to facilitate the implementation of the various AU declarations and resolutions relating to food security and agriculture, as well as to assist Member States in the region to higher productivity in food.

454. The Office continued its cooperation with the United Nations Economic Commission for Africa Southern Africa Office (UNECA-SA) to promote integration and economic development in Southern Africa. In this regard, the Office participated in the meeting organized by UNECA-SA on the theme of “Governance of Financial Institutions in Southern Africa: Issues for an Institutional Convergence Framework for Regional Financial Integration”, held from 19 – 20 November 2009, in Johannesburg, South Africa. The meeting addressed governance issues in the movement of SADC towards monetary union and financial integration.

455. In the area of advocacy and capacity building, the Office supported Kunyanja Development Organization (KUDO) in its work with respect to people in the rural areas, especially those affected by HIV/AIDS in Nkhatabay District, in Malawi. In the same context, AU-SARO is in the process of organizing Model African Union at the Catholic University in Malawi. The aim here is to effectively sensitize the undergraduates to the operations of the AU and its relevance to the promotion of sustainable economic growth and development of the continent.

456. The Office continued its cooperation and support to the Guidance, Counseling and Youth Development Center for Africa (GCYDCA). AU-SARO worked closely with the Center which addresses youth capacity building in the continent. EX. CL/565 (XVI) Page 119

457. The Office also facilitated the monthly meetings of the African Group in Lilongwe. These meetings, among other things, provided the forums for the exchange of views on current development issues in Africa and in the World.

IV. SHARED- VALUES

IV.1 DEMOCRACY, ELECTIONS AND GOVERNANCE

1. DEMOCRACY, ELECTIONS AND GOVERNANCE

a) Governance and Democracy

458. Further to implementation of the Strategic Plan, the Commission continued to carry out its democracy and good governance advocacy, promotion and consolidation activities in the Continent in close collaboration with Member States.

459. While pursuing Member States’ ratification of the Charter on Democracy, Elections and Governance, the Commission also focused attention on the elaboration of an African Union Architecture on Governance. The implementation process of the African Ministers of Public Service programme has also unfolded positively and the Commission continues to support the work of the Advisory Board on Corruption within a context of limited available resources for the Board. The Commission monitored a number of National Elections over the past months and a number of activities have been initiated as part of the AUC elections management and elections observation capacity development strategies.

460. In order to establish greater synergy and action in the Shared-Values space, the Commission organized a retreat with the participation of members of the PRC in Mombasa, Kenya, in July 2009 to build a collective understanding of the mandate and activities under the Shared-Values Pillar of the adopted Strategic Plan of the Commission. The retreat provided a forum for PRC Members to focus greater attention on the AUC’s work within the Shared-Values Pillar. Amongst others, a key recommendation of the Retreat was a proposal to establish a sub-committee within the PRC to provide continual advice and guidance on the African Governance Agenda.

b) African Union Architecture on Governance

461. As a follow-up to an initial meeting on the Architecture on Governance, held in Cameroon from the 9th -11th March 2009 which aimed at building consensus on the need for a Governance Architecture; a further and more focused meeting was held in December 2009 in Nairobi, Kenya. The meeting served as the basis for exploring how the overall Governance Architecture can be elaborated to enhance greater coordination in the terrain EX. CL/565 (XVI) Page 120 of Governance. In addition, it focused attention on the process for establishing a collective African Union Platform for Governance as a measure to strengthen the Governance Architecture.

462. The result of the outcomes of the meeting in Kenya is a roadmap for the establishment and the operationalisation of the Architecture within which AU Organs and RECs will work in a coordinated manner in pursuance of the African Governance Agenda. As the process unfolds it is also expected that details of the Architecture would be elaborated upon and the foundations for the Architecture would be further strengthened. Cognisant of the process of transforming the AUC into an Authority, the Architecture has the potential of strengthening the capacity of the AUC to play a catalyst role in the promotion of governance. The Architecture would also serve as a basis for constructing close collaboration on the APRM process and will serve to ensure that the Charter on Democracy, Elections and Governance would, amongst others, serve as the central framework for support and action in Governance.

c) African Charter on Democracy, Elections and Governance

463. As a follow-up to the promotion of the Charter, the printed document is being widely distributed to all stakeholders and Member States. Efforts are also underway to encourage ratification and a number of stakeholders are engaging with Member States to facilitate the process of ratification. Whilst twenty-nine Member States have signed the Charter, only two have ratified.

464. In an effort to promote and speed up the ratification of the Charter, the Commission participated in an Inter-parliamentary Union Conference on Democracy in Africa from 15 to 16 September 2009, in Botswana. The Charter was presented to Parliamentarians from across Africa and a commitment was made at the Conference that the Inter-Parliamentary Union would work with the Commission to encourage Member States to sign and ratify the Charter.

465. As an integral part of the efforts to further popularise the Charter, a presentation on the Charter contents was also made on the 7th December 2009, in Cairo, Egypt, at the First Meeting of the Permanent Forum of Arab-African Dialogue on Democracy and Human Rights. The Charter was well received by delegates and commitments were made to assist the process by further popularising the Charter and engaging with its contents to ensure that it is internalised.

466. A number of stakeholders have committed themselves to the Charter and to efforts directed at its popularisation. Whilst the commitment within civil society to the Charter is very broad, it is becoming increasingly imperative that Member States and RECs take a EX. CL/565 (XVI) Page 121 lead in ensuring that the Charter is ratified and enforced considering it is the premier instrument for Governance and Democracy building and consolidation in Africa.

d) Public Service

467. The Chairperson of the 6th Conference of African Ministers of Public Service (Kenya) continues to take a lead in driving forward the implementation of the Public Service Programme and the decisions of the 6th Conference of Ministers. In the efforts to establish wider participation, two meetings on the implementation process were held in Nairobi Kenya (October/November).These meetings were directed at confirming the work- plans within targeted focused areas of the Ministerial programme.

468. In implementing the Public Service Programme, Member States have taken a lead in championing various aspects of the Programme. As part of the efforts, a number of Member States have arranged meetings on focused topics and have exchanged information on public services challenges and strategies established for public service change and improvements.

469. The United Republic of Tanzania hosted the continental wide Africa Public Service Day celebration from 16 to 19 June 2009. In addition to having a Ministerial Conference, Tanzania also hosted an exhibition on Public Services as a lead to Africa Public Service Day celebration on the 23rd June 2009. The Ministers are actively involved in mobilising resources for the Programme and it is expected that the momentum for implementation will increase as these resources become available.

470. The Bureau of the 6th Conference of African Ministers of Public Service held a meeting to review progress in Cairo, Egypt from 14 to 15 December 2009. This meeting considered and adopted the Plans established by Member States Champions on various aspects of the Ministerial Programme. It is expected that the Ministerial Programme would be implemented further as resources are made available. Member States were also encouraged to participate in the Programme and commit themselves towards implementing the Declaration of the 6th Conference of African Ministers of Public Service.

e) Anti-Corruption

471. In pursuance of the work of the Advisory Board on Corruption, established in terms of Article 22 of the African Union Convention on Preventing and Combating Corruption, the Commission arranged the first meeting of the established Bureau of the Advisory Board. In addition to preparing the draft Rules of Procedure of the Advisory Board, the Bureau also reflected on its work programme for 2010 and the budget that would be required for its work.

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472. The Advisory Board in its deliberations emphasised the importance of establishing a capable Secretariat to support its efforts to implement the mandate, as per the provisions of the Convention. The Bureau of the Advisory Board has also indicated that it intends to write to State Parties to the Convention on the presentation of their Reports in terms of the provision of the Convention. When a budget is made available for the Advisory Board on Corruption, it is expected that the momentum for their work will increase and they will be in a position to Report to the Executive Council, as per their mandate.

f) Strengthening the Resource Centre for Democracy, Governance and Human Rights

473. The Resource Center for Democracy, Governance and Human Rights continues to make progress in knowledge dissemination. Most relevant materials have been catalogued and available for the larger African Union Commission community. The Centre also acquired audiovisual materials and continues to provide free Internet facilities.

2. ELECTIONS OBSERVATION AND MONITORING

a) Elections In Africa

474. During this period of reporting, the Commission deployed observer missions to presidential and parliamentary elections in Guinea Bissau, Tunisia, Mauritania, Gabon, Congo Brazzaville, Botswana, Namibia, Mozambique, Equatorial Guinea, and Comoros. The Commission also pursued efforts directed at the development of AU election observation systems and the provision of technical assistance to National Electoral Institutions.

475. The Commission has been active in enhancing the capacity of Election Management Bodies (EMBs) through which it is anticipated that it will be able to exert a positive influence on national electoral processes. Such assistance will encompass all areas of the electoral cycle; that is from reforming areas of voter registration and internal political party processes, to electoral and legal frameworks. As a pilot initiative within the technical assistance framework, the Commission will be providing assistance to the Sudanese Electoral Commission in the areas of training of its electoral officers, preparation and execution of voter education programmes, and election logistics management. In line with the technical assistance mandate, the Commission in collaboration with its implementing partner (International IDEA), has continued to provide training programmes for officials from National Election Management Bodies. Additional courses to those organized during the first quarter of 2009, were conducted in South Africa and Ghana towards the end of the year. These courses were aimed at strengthening Election Administrators’ capacity to conduct their work in an effective manner and to acquire values, skills and knowledge which will lead towards the delivery of acceptable elections. EX. CL/565 (XVI) Page 123

Apart from providing quality professional development training for Elections Administrators, the courses also focus on a transfer of skills through a Training of Trainers approach. The focus for 2010 will be on the Training of Trainers as a basis for ensuring that the training is widely available.

476. In support of the Commission’s Technical Assistance Programme, regional meetings on improved electoral processes and conduct are underway. These meetings will take the form of seminars at which studies commissioned by the Commission will be presented setting out findings and the recommending improvements. The studies to be conducted for the first seminar will commence soon in the Southern Africa Region and will focus on electoral disputes resolution. The proposed seminar on Electoral Disputes is aimed at improving standards in settling electoral disputes. The first seminar is scheduled for early 2010. The seminars will make recommendations to RECs and their Member States.

477. In the area of Election Observation, the Commission strives to improve the quality of election observation missions. The Commission, together with its partners (IFES, USAID, EISA and the Carter Centre), is taking necessary steps to provide training sessions for AU Election Observers in the five AU regions in order to create a pool of trained African experts capable of conducting effective election observation and monitoring throughout the continent. The Commission has already organized the East Africa Regional Election Observers Training in September 2009 in Nairobi, Kenya. The regional training for Western and Central Africa will take place in early 2010.

478. With respect to pre-election assessment missions, the Commission deployed assessment missions to Sudan and Cote d’Ivoire to ascertain whether or not conditions for organizing credible, legitimate, free and fair elections in accordance with the Declaration of the AU on the Principles Governing Democratic Elections in Africa are in place in these countries. An assessment mission is also planned for Ethiopia. The Assessment missions conducted served to review the progress of election preparations. The missions conducted served to highlight challenges that exist in the preparatory process and issues that would require attention from the Member States.

479. Reports of the Observer Missions have been distributed to the Member States concerned. In addition to highlighting the positive elements of the elections held, the Observer Missions Reports also highlight the challenges faced. As a basis to build capacity and improve upon the electoral process, the Observer Missions Reports included recommendations. In general, the reports were positively received and provide a basis for future engagement from the Commission’s Electoral Assistance Unit.

480. Whilst the general electoral trend in Member States has been positive, the Observer Mission Reports indicate that there are still many challenges in the legal and political EX. CL/565 (XVI) Page 124 environment. Challenges were also identified in the overall logistics and administration of the electoral process. By providing constructive feedback, it is anticipated that Member States and their relevant institutions would work towards internalizing and implementing the recommendations made.

IV.2 HUMAN RIGHTS

481. In the area of Human Rights, the Commission, in collaboration with its partners and other organs of the African Union continues to promote the AU Human Rights Agenda. Specific attention was focused on enhancing the interface with Human Rights Institutions. Also, the commemoration of Human Rights Day was used to reaffirm Member States commitment to the AU Human Rights Agenda.

a) Commemoration of Africa Human Rights Day

482. The Commission commemorated Africa Human Rights Day on the 21 October 2009 and issued a statement to further encourage and remind Member States of their commitment made for the promotion and protection of Human Rights on the Continent. The Commemoration served to increase awareness of the need for the promotion and protection of human rights in Africa. It also served to help renew collective commitment to the Constitutive Act of the African Union, the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments.

b) Commemoration of the International Human Rights Day

483. As part of its commitments to its Human Rights Agenda, the Commission commemorated the International Human Rights Day on the 10th of December 2009. This year, the Commemoration focused on non-discrimination relating to Article 1 of the Universal Declaration of Human Rights, which states “All human beings are born free and equal in dignity and rights”. This year’s theme was ‘Embrace Diversity, End Discrimination’.

c) Enhancing the Capacity of National Human Rights Institutions (NHRIs)

484. A meeting of National Human Rights Institutions, arranged by the Commission, took place on 8-10 November 2009 in Banjul, The Gambia, on the margin of the 46th Session of the African Commission on Human and Peoples’ Rights. The meeting made some recommendations pertaining to the enhancement of the role of National Human Rights Institutions. Some of the recommendations of the meeting are as follows:

Member States:

1. Establish NHRIs in line with the Paris Principles EX. CL/565 (XVI) Page 125

2. Provide NHRIs with technical and financial assistance and facilitate publication of the reports of NHRIs. 3. Ensure that NHRIs carry out their mandate without impediments.

AU: 1. Organize NHRIs Conferences every two years, and capacity building thematic sessions every six months 2. Ensure coordination between relevant AU organs and NHRIs 3. Assist NHRIs in mobilizing resources for capacity building

NHRIs: 1. NHRIs to participate in the work of ACHPR 2. Continue to participate in the promotion and protection of Human Rights 3. Encourage bilateral cooperation within the NHRIs community in Africa

d) African Union – European Union Human Rights Dialogue

485. The fifth round of the AU-EU Human Rights Dialogue, which took place on 20 November 2009, demonstrates that the dialogue on human rights has become a valuable part of the AU and EU partnership and served to establish concrete common positions, recommendations and commitments.

486. Both the African and European sides noted, during the dialogue, that whilst encouraging developments in Human Rights have taken place, challenges remained and needed the full commitment and cooperation of both parties. It was noted that it is still necessary to encourage Member States to ratify international Human Rights instruments and to increase the efforts to abolish the death penalty in Africa. The rights of the child, particularly of those affected by armed conflicts, were identified as another topic of mutual concern on which joint efforts should be undertaken. The Partnership commended efforts made by Members of the European Union and the African Union to protect the human rights of migrants and asylum seeker. It is however recognised that challenges remain and more efforts are needed.

487. The African and European sides reiterated the need of sustaining the good interaction within the framework of the Africa-EU Partnership on Democratic Governance and Human Rights. The Dialogue also called for the Partnership to support result-oriented activities linked to the AU-EU cooperation in multilateral fora; such as the organisation of an AU-EU Member States seminar to exchange experiences on the preparation of the Universal Periodic Review (UPR) and the implementation of its recommendations.

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e) EU-Africa Partnership on Governance and Human Rights

488. A follow-up meeting on the partnership took place on 9 October 2009 in Addis Ababa and was attended by experts from African and European Member States and officials from the AUC and EC. The meeting recognized the need for the establishment of the Joint Platform on Governance and Human Rights, It was further agreed that the Africa side would finalize its position on the proposed Platform before the next Informal Joint Expert Group meeting (iJEG), which was planned for December 2009.

IV.3 HUMANITARIAN AFFAIRS, REFUGEES AND DISPLACED PERSONS

489. Cognisant of the gravity and consequence of high level of forced displacement in Africa, the Commission continues to be concerned about the influxes of refugees and internally displaced persons in Africa. It is in this context that the first AU Special Summit of Heads of State and Government on Refugees, Returnees and Internally Displaced Persons in Africa was convened in Kampala, Uganda, from 16 to 19 October 2009 under the theme “African Union Addressing the Challenge of Forced Displacement in Africa”. The Summit, which was attended by 46 Member States, and some Invited Guests, AU Partners, UN agencies, Regional Economic Communities, Civil Society Organizations as well as other relevant humanitarian agencies reaffirmed their commitment and leadership in dealing with the issues of forced displacement on the Continent.

490. The Summit took positive steps in addressing the root causes and identifying measures of preventing forced displacement in Africa. In this regard, the Summit adopted the Kampala Declaration and the AU Convention for the Protection and Assistance of Internally Displaced Persons, (Kampala Convention). The Declaration is the first binding international legal instrument on the issue of internal displacement in the world. The Convention was signed by seventeen (17) Member States in Kampala and one Member State signed in Addis Ababa. As part of the follow-up to the Summit, the Commission is in the process of preparing an Action Plan for the popularization, ratification and domestication of the Convention.

491. Following the heavy flooding that occurred in and around Ouagadougou on 1 September 2009, the Government of Burkina Faso made an appeal for emergency relief assistance. The Commission responded to this appeal by providing a sum of USD 50,000 (Fifty Thousand Dollars) as a token and sign of solidarity with the government and the people of Burkina Faso during this difficult time. Moreover, the PRC Sub-Committee on the Special Emergency Assistance Fund for Drought and Famine in Africa (SEAF), held in Addis Ababa, Ethiopia on 16 September 2009, considered the appeal by the Government of Burkina Faso and approved a grant amounting to USD 500,000 (Five Hundred EX. CL/565 (XVI) Page 127

Thousand Dollars) to Burkina Faso. The Grant Agreement between the Fund and Burkina Faso was signed on 13 November 2009 and a copy of the Agreement has been forwarded to the African Development Bank for the immediate release of the grant.

IV.4 GENDER AND DEVELOPMENT

a) The African Women Trust Fund

492. In the Implementation of Executive Council Decision EX.CL/425(VIII), and in coordination with the AfDB, an expert was recruited to conduct the Feasibility Study on the African Women Trust Fund. The draft report of the study was presented for the AfDB and to the Commission in September 2009 for discussion and comments. The final draft of the study was submitted to the experts and latter to the Conference of Ministers in charge of Gender in Banjul on 21 November 2009, for consideration and approval. A number of recommendations were adopted, including the change of the name of the fund (to be“ Fund for African Women” instead of “African Women Trust Fund”), the governance structure, the modalities of the management and delivery of the fund as well as a voluntary contribution of 1% of the AU budget to this Fund and the possibility for the Commission to mobilize more resources from other sources.

i. Building Partnership and Advocacy

493. The Commission participated in a Breakfast meeting on UN Resolution 1325, which was co-chaired by Commissioner of Peace and Security, with a view to promoting Building Partnership and Advocacy and Strengthening Women’s Participation and Gender Mainstreaming of the AU Peace and Security Agenda.

ii. Popularization and Advocacy on the Protocol

494. The Commission also pursued its efforts in sustaining women’s rights, , in collaboration with Solidarity for African Women’s Rights (SOAWR) Coalition and the United Nations Development Fund for Women (UNIFEM). In this regard, it organized a stakeholders’ meeting on domestication and implementation of the AU Protocol on the Rights of Women in Africa in Kigali, Rwanda, from 16 to 18 July 2009. The meeting, which included senior governmental officials and civil society organizations from African Union Member States that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women, considered progress made in implementing the Protocol, the tools used, and the challenges that Member States were facing. The meeting also explored the contributions of civil society organizations and partnership with government and the African Union in promoting women’s rights in Africa.

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b) Strengthening Women’s Participation and Gender Mainstreaming of the AU Peace and Security Agenda

i. Roundtable of experts to develop strategies and Action Plan to enhance women roles in Peace Support Operation

495. In line with the AU Gender Action Plan, commitment 8 of the GAP is related to Women and Peace Activities. In this context, the Commission is developing the AU gender Training Manual for AU Peacekeepers. The process of this Manual is going well through field visits undertaken so far in five AU countries namely, Nigeria, South Africa, Uganda, Senegal and Burundi. The criteria for this selection was based on countries sending Peace keepers in the AU hot spots.

c) Implementation of the AU Heads of State and Government Solemn Declaration on Gender Equality in Africa (SDGEA)

i. Meeting on the popularization and implementation of the SDGEA

496. The AU Experts’ Meeting on the Status of Reporting and Implementation of the SDGEA, and on the African Women’s Decade (2010 – 2020) was held from 6 to 8 May 2009 in Banjul, The Gambia. The objective of the meeting was related on the AU Solemn Declaration on Gender Equality in Africa (SDGEA). The objective of the meeting was to map out strategies for the reporting and implementation of the SDGEA, while identifying the constraints and difficulties faced by Member States.

ii. Road Map of African Women’s Decade

497. The second component of the meeting was the consideration of the Framework, Strategies and Roadmap developed for the African Women’s Decade, that was discussed by Member States at a Roundtable organized on 01 March 2009 at the AU Office, New York, USA. The meeting also served as an opportunity for the Economic Commission for Africa (ECA) to make a presentation on Beijing + 15 and on the 6th African Development Forum. It also enabled the UNIFEM to make a presentation of the UN Secretary General’s Africa-Wide Campaign on Violence Against Women.

d) Supporting AU Mechanism on Gender

i. Fourth Meeting of AUWC and its activities

498. The Fourth meeting of African Union Women’s Committee was held in Addis Ababa, Ethiopia from 28 to 29 April 2009. The meeting which is convened once every year EX. CL/565 (XVI) Page 129 reviewed the AUC Chairperson’s annual report on the SDGEA and the Synthesis report of Member States and evaluated the Committees achievements, challenges, constraints as well as its terms of reference and rules of procedure.

499. The Commission participated in a number of regional and international events so as to popularize the AU position on various Gender processes and in particular sent a high level delegation to the 8th African Regional Meeting on Beijing +15. The Commission participated also in the Pan-African Forum on Women’s Entrepreneurship Development, 27-29 October 2009, Cairo, Egypt and presented a paper on the role of the Gender Statistics in the Women’s Entrepreneurship Development.

500. Finally, the Commission participated in Expert workshop on Gender-Responsive Economic Policy Management", held in Dakar, Senegal on 9-10 November 2009.

501. Moreover, the Commission participated in Advocacy and Campaign around Violence against Women and Children (Trafficking, FGM, and Sexual Harassment etc) workshop on sexual and Gender based violence in October 2009, in Kampala, Uganda organized by Women’s organization called ACORD on Sexual and Gender based violence.

IV.5 CULTURE

502. The cultural development field is constituted by four main axis of intervention: the support and promotion of African Cultural Institutions; the promotion of cultural industries; the coordination and harmonization of cultural policies and programmes; and the promotion and protection of African cultural heritage.

503. Within the field of promotion of African Cultural Institutions, notable progress has been made for the implementation of the programmes (ACALAN) and the strengthening of the capacity building of the African Academy for Languages based in Bamako, Mali and the African Centre for Linguistic and Historical studies by Oral Traditions (CELHTO) based in Niamey, Niger. One of the first twelve regional centres for the promotion of African cross-borders vehicular languages was successfully launched in Abuja by the ACALAN. The Executive Secretary of the ACALAN was recruited and assumed duty in December 2009. The CELHTO successfully started its projects on the Sahel Opera, the Music for Peace and the digitalisation of its oral traditions collections on analogical supports.

504. Important progress could be noted as well within the fields of coordination and harmonization of cultural policies and programmes and the promotion and protection of African Cultural Heritage. The 2nd Pan African Cultural Congress (PACC2) under the theme “Inventory, Protection and the Promotion of African Cultural Goods” was held in Addis Ababa from 9 to 11 November 2009 and made important recommendations on EX. CL/565 (XVI) Page 130 crucial issues regarding African Museums capacity building as well as legislations for the protection of and cooperation regarding the return of illegally exported/imported goods to their countries of origin. Within the framework of implementation of the July 2009 Assembly Decision, a lively celebration of the Centenary of Kwame Nkrumah Birthday was organised. The ceremony was marked with a statement delivered by Honourable Samia Nkrumah, daughter of Kwame Nkrumah, African cultural shows and an exhibition on the Pan African cultural Renaissance during the PACC2.

IV.6 LEGAL MATTERS (LEGAL ARCHITECTURE OF THE UNION)

a) Depositary Functions

505. In its previous report, the Commission has drawn the attention of the Council that forty (40) treaties have been adopted under the aegis of the Organization of African Unity (OAU) and the African Union (AU), the most recent ones being the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) adopted on 23 October 2009 in Kampala, Uganda, as well as the revised Constitution for the African Civil Aviation Commission (AFCAC) adopted by a meeting of Plenipotentiaries in Dakar, Senegal on 16 December 2009. Likewise, its attention was drawn to the fact that out of the total of forty, only twenty-five (25) of these Treaties have entered into force while two (2) additional treaties namely: the Constitution of the Association of African Trade Promotion Organizations (1974) and the African Maritime Transport Charter (1994) are in force provisionally. Additionally, the Council was informed that the only two (2) treaties that have been ratified or acceded to by all Member States remain the African Charter on Human and Peoples’ Rights (1981) and the Constitutive Act of the African Union (2000).

506. During this reporting period, two (2) new legal instruments were adopted: (i) “The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa”, was adopted in Kampala on 23 October 2009. The purposes of this Convention, are among others, to promote and strengthen regional and national measures in order to prevent and eliminate the root causes of internal displacement as well as provide durable solutions and to promote the fulfilment of the obligations and responsibilities of States Parties with respect to the prevention of internal displacement and protection of, and assistance to internally displaces persons. Since the adoption of said Convention in Kampala in October 2009, 20 signatures have been appended onto the Convention. (ii) The “ Revised Constitution for the African Civil Aviation Commission (AFCAC)” was adopted by a meeting of Plenipotentiaries in Dakar, Senegal on 16 December 2009. This new constitution implements Executive Council Decision EX.CL/Dec.359 (XI) which inter alia entrusts the African Civil Aviation (AFCAC) with the functions of the “Executing Agency” for the implementation of the Yamoussoukro Decision EX. CL/565 (XVI) Page 131 on the Liberalization of Air transport in Africa. Upon its entry into force, this revised Constitution shall replace the 1969 AFCAC Constitution, adopted on 17 January 1969. This revised Constitution is now open for signature.

507. During the reporting period, three (3) treaties namely the African Nuclear-Weapon- Free Zone Treaty (the Treaty of Pelindaba of 1996), the African Youth Charter and the African Non-Aggression and Common Defence Pact of 2005 came into force on 15 July 2009, 8 August 2009 and 18 December 2009, respectively. On the overall situation of the OAU/AU treaties, forty-five (45) new signatures were appended and twenty-six (26) additional instruments of ratification/accession were deposited during the reporting period. In this regard, there has been an improvement from the last reporting period, during which, 15 (fifteen) signatures were appended and eight (8) instruments of ratification/accession were deposited. Council may wish to take note that eighteen (18) Member States have appended their signatures to the Protocol on the Statute of the African Court of Justice and Human Rights and only two (2) instruments of ratification/accession have been deposited. Taking into account the imperative of maintaining and strengthening judicial institutions of the Union, it is critical that the Protocol on the Statute of the African Court of Justice and Human Rights is signed and ratified expeditiously in order to ensure early implementation of decision Assembly/AU/Dec.213(XII) adopted at its 12th Ordinary Session held in Addis Ababa, Ethiopia in February 2009. The Decision requested the Commission to, among other things, examine the implications of the Court being empowered to try serious crimes of international concern such as genocide, war crimes and crimes against humanity.

508. Furthermore, it should be noted that the situation has not changed as regards ratifications of the Treaty establishing the African Economic Community (the Abuja Treaty) (1991). None of the four (4) Member States that are yet to ratify the Treaty, have taken necessary measures to accede to the Treaty, Once again, I would like to take this opportunity to reiterate my earlier appeal to the four (4) Member States, which have not yet ratified or acceded to the Abuja Treaty, to do so expeditiously. Likewise, to date, only twenty nine (29) signatures have been appended and three (3) Member States have deposited their instruments of ratification to the African Charter on Democracy, Elections, and Governance respectively. As Council is aware, the Charter contains important provisions on the promotion of democracy, good governance, the rule of law and sanctions for unconstitutional changes of government. It is therefore important for the Charter to come into force as soon as possible.

509. As regards the new instruments requiring signature and ratification, mention should be made of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa adopted by the Special Summit in October 2009 in Kampala, Uganda. The African Charter on Statistics and the Protocol on the African Investment Bank are also important instruments in our collective search for closer socio-economic integration. The Charter on Statistics has received eleven (11) signatures and no EX. CL/565 (XVI) Page 132 instrument of ratification whilst the Protocol on the African Investment Bank has received eight (8) signatures and one (1) instrument of ratification.

510. Finally, the attention of Council should be drawn to Decision EX.CL/Dec. 459 (XIV) on the Status of Signature and Ratification of OAU/AU Treaties and the Harmonization of Ratification Procedures adopted in Addis Ababa, Ethiopia in January 2009 by which Member States were requested to accelerate the signature and ratification of the Union’s legal instruments. In particular, Member States were requested to initiate the process of ratification of AU legal instruments within one year of their adoption. It is imperative that Member States relentlessly pursue all efforts in ensuring that the processes of ratification/accession are expedited in order to ensure the strengthening of the shared values and common principles agreed upon collectively for the common good of the African peoples.

b) Accreditation of Non-African States to the African Union

511. In accordance with Part II, Section II (3) of the Criteria for Granting Observer Status and for a system of Accreditation within the African Union (the Criteria), adopted by the Executive Council in July 2005, the Commission has continued to receive and consider requests for accreditation from various non-African States and Organisations, bearing in mind the supreme interest of the Union. Since the last reporting period, nine (9) non- African States and one (1) international organization were accredited in line with the provisions of Part II, Section II (3) of the Criteria for the granting of AU Observer Status and a System of Accreditation within the AU. The names of the representatives accredited since my last report and their respective States/organizations are listed in the table below:

NON-AFRICAN STATES

No. Name & Title Country

1 H.E. Mr. Giovani Miceli Malta Ambassador of Malta to Egypt

2 H.E. Mr. Slobodan Soja Bosnia and Ambassador Extraordinary and Plenipotentiary of Herzegovina Bosnia and Herzegovina to Arab Republic of Egypt

3 H.E. Mr. Luis Cappagli Argentina Argentine Ambassador to the Arab Republic of Egypt

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4 H.E. Mr. Leo Olasvirta Finland Ambassador Extraordinary and Plenipotentiary of Finland to the Federal Democratic Republic of Ethiopia

5 H.E. Mr. Dragan Momcilovic Serbia Ambassador Extraordinary and Plenipotentiary of the Republic of Serbia to the Federal Democratic Republic of Ethiopia

6 H.E. Mr. Michael A. Battle USA Ambassador Extraordinary and Plenipotentiary of the (USAU) United States of America to the African Union

7 H.E. Mr. Khalid Hussain Yousfani Pakistan Ambassador of Pakistan to the Government of the Federal Democratic Republic of Ethiopia

8 H.E. Mr. J.F.L Blankenberg The Netherlands Ambassador Extraordinary and Plenipotentiary of the Kingdom of the Netherlands to the Federal Democratic Republic of Ethiopia

9 H.E. Mrs. Michele Levesque Canada Ambassador of Canada to the Federal Democratic Republic of Ethiopia

REGIONAL INTEGRATION AND INTERNATIONAL Organisation ORGANISATIONS

1 International Conference on the Great Lakes Region ICGLR (ICGLR)

512. The total number of non-African States and International Organizations accredited to the Union is now 64; i.e. 53 non-African States and 11 Regional Integration and International Organizations.

c) Implementation of the Assembly Decision on the Accession to the United Nations Framework Convention on Climate Change (UNFCC) and the Kyoto Protocol

513. As Council will recall, by Decision Assembly/AU/Dec. 248 (XIII) adopted in Sirte, Great Jamahiriya, in July 2009, the Assembly decided that the African Union should accede to the United Nations Framework Convention on Climate Change and the Kyoto Protocol and requested the Commission to take all necessary measures to expedite the EX. CL/565 (XVI) Page 134 process of accession. The Commission was also requested to report to the next ordinary session of the Executive Council in January/February 2010.

514. Pursuant to the decision of the Assembly, the Commission has finalized an instrument of accession which I have now received and intend to deposit with the United Nations Secretary General in the near future. Once the instrument of accession to the UNFCC has been registered, the Commission will then take the necessary steps to accede to the Kyoto Protocol as provided for by Article 24 of the Kyoto Protocol which provides that the Protocol may be ratified or acceded to by Parties to the UNFCC. The Commission will report on progress made with regard to the matter at the next ordinary session of the Executive Council in June/July 2010.

d) Implementation of the Assembly Decision on the Accession to the United Nations Convention to Combat Desertification (UNCCD)

515. The Assembly in its Decision Assembly/AU/Dec. 255 (XIII) adopted in Sirte in July 2009 also decided that the African Union should accede to the United Nations Convention to Combat Desertification (UNCCD).

516. Pursuant to this decision, the Commission is in the process of finalizing the instrument of accession, which will then be deposited with the United Nations Secretary General. Likewise, the Commission will report on the progress made with regard to the matter at the next Session in June/July 2010.

e) Implementation of Assembly Decision on Granting Competence to the African Court of Justice and Human Rights to Deal with International Crimes

517. In addition to my Report of July 2009, Council may wish to note that funds for carrying out the activities envisaged in the implementation of Decision Assembly/AU/Dec. 213(XII) adopted in Addis Ababa, Ethiopia, in January 2009, namely extending the mandate of the Court to try serious crimes of international concern such as genocide, war crimes and crimes against humanity have already been secured and work has commenced and the services of consultants have been recently obtained to undertake a comprehensive study of the implications of the Court being empowered to try such crimes.

518. The Commission is now in the final stages of discussions with the Consultant and the study will commence as soon as the discussions are finalized. Once the study is conducted, appropriate recommendations will be submitted to Council for consideration, through the PRC, at the next Ordinary Session scheduled for June/July 2010.

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519. In addition, Council’s attention should be drawn on the fact that the envisaged study will also take into account the impressive work already undertaken by the African Court on Human and Peoples’ Rights. Subsequently, a validation workshop bringing together representatives of the Court, independent experts and other stakeholders will be convened, to be followed by meetings of legal experts and Ministers. It is envisaged that the final outcome document together with the Draft legal instrument shall be submitted to the next ordinary session in June/July 2010.

520. The importance of this matter cannot be overemphasized. Indeed, as the fight against impunity is high on the agenda of the African Union, it is crucial that the continent is endowed with the necessary institutions to address such grave crimes.

f) Review of the Protocol to the Treaty Establishing the African Economic Community Relating to the Pan African Parliament (PAP)

521. As earlier reported in July 2009, the Terms of Reference for a comprehensive study on the review of the Protocol to the Treaty establishing the African Economic Community relating to the Pan African Parliament were finalized and that it was the intention of the Commission to submit appropriate recommendations to Council through the PRC during this Ordinary Session of January 2010.

522. However, due to the delays incurred in securing the required funds for carrying out the activities envisaged in the implementation of Decision Assembly/AU/Dec. 223 (XII), this could not be done at this Council’s session. However, since the funds have been secured now, the Commission has already identified a Consultant to undertake a comprehensive study in consultation with the Pan African Parliament. It is the expectation of the Commission that it will be in a position to make appropriate recommendations, through the PRC, to the next Ordinary Session scheduled for June/July 2010.

g) Registration of New AU Flag

523. Council will recall that Decision Assembly/AU/ Dec. 267 (XIII) requested the Commission to take the necessary measures for the registration of the new AU flag with the World Intellectual Property Organization (WIPO).

524. I wish to bring to the attention of Council that WIPO requires the submission of a number of elements, including 600 copies of the sample of the flag to be protected, a copy of the Constitution of the organization and a list of Member States of the Organization. The Commission has taken the necessary measures to compile the relevant documentation for submission to WIPO for registration. The Commission is mindful of the urgent nature of this matter and assures Council that the AU flag will be registered as expeditiously as possible and a progress report will be submitted to Council through the PRC at the next Ordinary Session scheduled for June/July 2010. EX. CL/565 (XVI) Page 136

h) Meeting of Legal Advisers of the AU and RECs

525. Council may take note that pursuant to the Protocol on Relations between the African Union (AU) and the Regional Economic Communities (RECs) signed on 27 January 2008, a meeting of Legal Advisers of the AU and RECS was held from 12 to 13 October 2009 at the AU Headquarters to consult and exchange views on best practices particularly on the respective roles of Legal Advisers of the AU and RECs in promoting synergies and effective cooperation between the various sister Organizations.

526. In this regard, the Legal Advisers agreed, among other things, to work together, exchange information, network and to meet regularly- at least once a year in order to coordinate and harmonize the activities of the AU and those of the RECs from a legal perspective.

527. The Commission believes that closer networking and coordination between legal Advisers of AU and RECs will be crucial in the process of integration and in ensuring smooth implementation of the collective vision of a peaceful, united and integrated Africa.

V. STRENGTHENING THE INSTITUTIONS

V.1 THE COMMISSION

1. ADMINISTRATIVE AND HUMAN RESOURCE MANAGEMENT

528. During the period under review, the Commission has pursued the implementation of its work plan related to the overall improvement of the general administration and resources management. This exercise was approached around specific clusters with a view to achieve the following objectives:

. General improvement of the operation of the Human Resources Management; . Improvement of the Commission’s Software System; . Reliable and Secured inter-connectivity of the Commission with the Regional/Representational and Technical Offices and the Regional Economic Communities (RECs); . Improvement of the working conditions of the Staff Members; . Improvement of the Procurement Management Services; . Provision of an effective and efficient pension and insurance of Staff Members.

529. In order to achieve the expected results, the Work Plan for the sector Administration and Human Resources Management has been subdivided into 62 priority projects/area, grouped into eight (8) clusters. The Human Resources Management (HRD) was covered EX. CL/565 (XVI) Page 137 by the activities of four (4) Clusters while the remaining four (4) sectors, namely: Building, Equipment and Transport Services (BETS); Administrative Services; Security and Safety; and Management Information Systems (MIS) were grouped each in a Cluster. The table below provides a representation of the progress made so far on the various Cluster projects:

No. of DIVISION STATUS OF PROJECTS Projects NOT # % STARTED STARTED/ ACHIEVED ON-GOING HRD 25 40% 17 8 3 BETS 24 39% 24 0 0 ADMINISTRATIVE SERVICES 6 10% 6 0 0 SECURITY & SAFETY 4 6% 3 1 0 MANAGEMENT INFORMTION 3 5% 3 0 2 SYSTEMS

AHRD 62 100% 53 9 5

530. It is expected that the activities of the different clusters and implementation of related projects already would have result-based impact on the whole Commission.

1. Human Resources Development Division

a) Result-based Performance Appraisal System

531. The Human Resource Development sector has developed and implemented a Result-based Management Performance Appraisal System which aims at ensuring good performance for the Organization at Departmental/ Directorate, Division, Units and Individual level with result-based deliverables. The assessment tool would also be used to identify training needs to enhance organizational efficiency.

b) Staff Regulations and Rules

532. The current Staff Regulations and Rules which has been in use for about 18 years, has been reviewed in collaboration with the Permanent Representative Committee and its subsidiary organs and is being submitted to the Executive Council for consideration and adoption by the Assembly so that it could be operationalized starting with 2010 financial year.

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c) African Union/ European Union Exchange Programme

533. The Human Resource Development sector has benefitted from an AU/EU Exchange Programme which aims at staff capacity building for various departments/Directorates of the Commission.

d) African Union Pension Fund

534. It is to be recalled that the Executive Council adopted Decision EX.CL/Dec.415 (XIII) on the improvement of the social security system of the AU and the establishment of a Pension Fund for the Staff of the Union. Even though the decision called for the withdrawal of the fund from ALICO by 01 January 2009, the Commission has been very cautious in the implementation of the Decision. This is due to the fact that, for the Fund to be fully established, there are several processes that need to be put in place, including the approval of a structure of the Pension Fund Unit that will be responsible for the day-to-day management and administration of the Fund and identification of investment opportunities. An implementation roadmap has been drawn up from now up to the full implementation stage when the Commission will start the withdrawal, in phase, of the funds from ALICO. The Draft Pension Regulations and Rules is being reviewed and soon a discussion forum will be organized for all Staff to provide their inputs and comments. Moreover, another aspect of improvement of the social security system is the implementation of the increase in the pension contribution which shall come into force from 01 January 2010. An open Tender will soon be launched for the provision of pension software and investment services.

e) Staff welfare

535. A programme to reward long-serving staff of the Commission shall be instituted in 2010. This new programme aims at motivating and boosting the morale of staff members who have devoted themselves to the service of the Union.

f) Recruitment and E-Recruitment

536. The Operational Budget 2009 provided for the filling of fifty (50) posts of the Post Maputo Structure. As at December 2009, sixty-one (61) posts had been filled out of which 46 staff members are already in post while the remaining fifteen (15) posts are in the final process of recruitment. For the General Services (GSA) positions, 20 posts were provided out of which 13 were locally recruited for the Headquarters, 2 at international level and 5 for Regional Offices.

537. Ninety-six percent (96%) of the 53 Member States of the Union are yet to fill their quotas in terms of reserved professional positions.

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538. In order to improve the recruitment process, it is planned for 2010 to launch an electronic recruitment ((E-Recruitment) system. The Commission has developed practical modalities for the implementation of E-Recruitment through a blue-print with the view to enhancing efficiency and accuracy in the recruitment process.

g) Training and Staff Development

539. The reception of the newly recruited staff members to the African Union has been formalized by the commissioning of a seminar of reception and presentation of the Commission and working tools. During this orientation programme, representatives of various l departments were invited to present their activities and roles within the Commission.

540. In order to reinforce competences of the Union, more than fifteen (15) training were organized by the Commission. Amongst the most important was:

 the Kaizen Training where 75 of the professional staff attended;  the training on security and safety with a participation of over 140 staff;  the medical prevention seminars;  the reinforcement of competences workshop; and;  the language courses.

h) Management Information System

541. The objectives of the MIS sector is to provide high quality, innovative, customer driven and cost effective IT services which are aligned with actual and future business requirements of organization as a whole. In 2009, the focus was put on the laying down of the core ICT foundation in the following three main flagship projects:

i. ICT Governance and Policies with the following achievements:

• Drafting of a comprehensive which is under consideration by Management; • Policy agreement, enforcement and publication on AUC Intra-communication • Establishment of an ICT Steering Committee to spearhead the activities and projects of the MIS

ii. Strengthen the ICT infrastructure with the following achievements:

• Completion of the design and implementation of a three layer network with the delivery of the architecture document. This model is designed to improve network reliability, redundancy, performance, scalability and manageability. • Wi-Fi deployment in the AUC campus with the delivery of the Architecture and specification document. Wi-Fi hot-spots were acquired and installed. EX. CL/565 (XVI) Page 140

• Roll out of ICT infrastructure to 8 Representational/Regional Offices by providing them the same level of ICT Systematic service. The remaining Offices will be completed by March 2010. • A New server farm has been installed and all servers upgraded to last operating systems with high system security. • A New Email infrastructure was installed and web access is now available via any internet access. • Standardization of desktop Software environment. • Deployment of Information Security System.

iii. Modernization of AUC administration with the following achievements:

• Support provided to the implementation of IMIS/SAP. Key modules in HR, Material Management and Finance have been implemented; • The collaboration tool (SharePoint) in pilot phase for the Administration and human Resources Development Directorate has been implemented; • The Computer-aided translation tool was implemented (acceptance phase) for the Conference Services Directorate.

i) Administrative Services

i. Procurement and Travel

• In order to enhance effective management of the procurement activities of the Commission, it would be necessary to consider a new adequate structure in consonance with the requirements of the new AU Procurement Manual as also recommended by the AU Partners. In the same effort, the IMIS tool is being used to manage all aspects relating to Material Management.

• Following the official launching of the Procurement Manual, it has now been operationalized and enables the Commission to ensure that contracting process and procedures are open, fair and up to the required internationally acceptable standards.

• Various steps have been taken to ensure value for money on each travel expenses of the Commission, including the signing of Agreements with African Airlines in order to safeguard the interests of the AU Commission.

• Efforts are underway to implement AMADEUS software on booking which has proved to be one of the most efficient tool on saving time and resources.

ii. Stores

• The Main Store has been moved to the newly rented building near Vatican Embassy to pave the way for the construction of the Peace and Security Building funded by German Government.

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• Codification of Fixed Assets has been scheduled for 2010 where all assets of the Commission would be encoded and evaluated (creation of Fixed Register)

• The Main Central Stores have regained its control over Medical Sub-Stores. Medical products are now under the Main Stores custodian.

• Regular stocktaking is organized towards the end of each year.

iii. Registry Unit

542. In line with the Strategic Plan of 2009-2010 and as part of the modernization program, the computerization of the Registry Services is to be implemented in 2010 and would link all Registries within the Commission and those of the Regional/Representational/Technical Offices, and eventually the other AU Organs, using the existing main ICT Infrastructure within the Commission.

iv. Building, Equipment and Transportation Services

543. During the period under review, the Commission undertook the following projects/activities in the above sector:

 New Projects:

544. The Commission provided technical support in the processes of undertaking construction management and supervision of the ongoing AU Conference and Offices Complex Project financed by the People’s Republic of China. It also facilitated all contacts and consultations with the host government authorities so as to ensure smooth progress of all projects including the five stars-plus hotel project being constructed adjacent to the AU’s premises.

545. Following signing of the Memorandum of Understanding between the Commission and the Government of Federal Republic of Germany for the construction of infrastructure for Peace and Security Building, all the necessary construction drawings are now finalized with the technical assistance rendered by the GTZ IS of the German Government. The construction of this project is expected to commence early 2010.

546. The Commission wishes to once again express its gratitude to the Ethiopian Government for the granting and the demarcation of the new plots of 200,000 m2 and 15,000 m2 for the projects of the African Village and Residential premises of Elected Officials respectively. The Commission intends to start implementation of these new acquisitions within the 2010 Financial Year.

547. Moreover, the preparation of the General Master Plan for the AU Headquarters which would serve as a basis for future expansion of the AU physical properties and EX. CL/565 (XVI) Page 142 facilities is now finalized and being submitted for final approval so as to commence implementations accordingly.

 Renovation and Upgrading Works

548. The Commission is pursuing different maintenance works, modification and alteration of office space with the view to improving the existing facilities and creating conducive working environment for its staff and the conduct of the various activities and meetings of AU Organs.

 Transportation Services

549. The Commission has purchased a number of vehicles to replace the old ones for the Headquarters and the Regional/ Representational Offices.

 Security and Safety

550. In order to secure reliable security and safety services within the AU premises and for the entire staff, the Commission is striving to put in place systems and mechanisms aimed at reinforcing security and safety to prevent any risk for the staff, Member States’ representatives, guests, visitors and properties at the Commission Headquarters and in its branches abroad. In this regard, a number of policy and procedure documents and guidelines have been developed, including Standing Operational Procedures, Contingency and Evacuation Plans and Physical Security Plans for all important Sessions and Summits, fire safety arrangements, as well as the improvement of the Security Warden System and the publication of monthly monitoring reports.

2. FINANCIAL MANAGEMENT

a) Budget Execution

551. At its January 2009 session held in Addis Ababa, Ethiopia, the Assembly approved a total budget of US$ 164,256,817.00 for the financial year 2009. US$.95.58m represented the operational budget and US$.62.68m was for programmes.

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Execution of the operational and program budget for the year ended December 2009

Expenditure and Percentage of Budget Category Appropriation Obligations as at Budget 31 Dec 2009 Execution Operational Budget of 75,164,886.00 67,033,521 89% the Commission Other Organs 20,410,885.00 14,852,741 72% Sub Total Operational 95,575,711.00 81,866,262 86% Budget Programme Budget 68,681,046.00 37,167,157 54% Grand Total 164,256,817.00 119,033,419 73%

552. As at 30 Nov 2009, US$.119,033,419 was executed representing 73% of the total budget. Out of the total execution, US$.81,866,262 was on the operational budget whilst US$.37,167,157 was on the program budget.

b) Collections

553. The source of funding of the AUC’s approved budget for the year 2009 was from Member States and development partners. An amount of US$.64,985,388 was received from Member States as at 30 November 2009 out of the total assessed contributions of US$.93,804,243.00. The Commission also received US$.44,161,549.65 from Member States from previous years’ arrears and US$.1,528,052.11, dollars which represent contributions paid in advance. The total receipts in income by the end of Nov 2009 stood at US$.110,674,989.

554. A total of US$9,046,626 was received from development partners, out of the total amount of US$.52,003,000.00 pledged to finance programs approved for the year. In addition, development partners contributed a total of US$.31, 071,796 towards the Peace Fund during the period January to November 2009.

c) Reforms

Pillar- Institutional Transformation Program- institutional capacity building

i. IMIS

555. The Integrated Management Information System (IMIS) is the most successful project undertaken by the Commission to modernize the Financial, HR and Procurement operations with a bid to improve its service delivery. The Directorate for PBFA and AHRD have embarked on the implementation and usage of the SAP ERP system with the EX. CL/565 (XVI) Page 144 realization of the full integration of critical services such as Travel, procurement, HR, payroll and Finance.

ii. Budget

556. A remarkable improvement has been registered in the manner and quality the budget of 2010 has been prepared and Member States have commended the commission in this regard.

iii. Partners Fund Management

557. With a view to strengthening the follow-up of partners funds and meeting the reporting requirements, fund follow up officers have been assigned and clean up exercise is going on to ensure data reliability and boost confidence of the stake holders.

iv. AMISOM

558. The Commission has learnt from the challenges it faced in the management of peace funds in AMIS. Thus, it is trying to standardize the financial management of the AMISOM Office, including fully automating the Finance, Human Resources and procurement processes by rolling out the SAP in 2010.

559. In spite of its serious capacity constraints in terms of human resources against the growing service demand arising out of the increase in its activities, the Commission will pursue the necessary improvements in its service delivery through strengthening the IMIS, standardization of processes and boosting financial discipline, transparency and accountability. The medium term expenditure framework and Result Based Budgeting are also in the high agenda for 2010.

3. PLANNING, MONITORING AND EVALUATION

a) Development of African Monitoring, Evaluation and Reporting Tool (AMERT)

560. The Commission finalized the development of the African Monitoring, Evaluation and Reporting Tool (AMERT). AMERT will be used to track the implementation of AU’s programs/policies and projects. AMERT which has been operational since March 2009 and has seen more than 100 AU Project Managers trained in-house on its use of AMERT as at 30 October 2009.

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b) Strategic Plan Sensitization Workshops

561. Subsequent to the adoption of the 2009 – 2012 Strategic Plan by the Assembly in July 2009, a series of workshops were held to popularize the Strategic plan. These workshops were held at AU Cairo, Algiers, Bamako, Brussels and Geneva Offices. More popularization and sensitization workshops are planned for the next fiscal year.

c) Acquisition of Library Books

562. In the year 2009, the AUC Library acquired, through purchase and donation, the following publications:

Books: 300 titles (516 volumes) of books purchased Journals: 116 periodical titles processed for subscription in 2009 Multimedia: 10 DVDs/ CD titles (19 Volumes) purchased in 2009 Newspapers : Over 2500 issues of various local and international newspapers were received

d) Partnership with the World Bank

563. In October 2009, the idea of establishing a partnership between World Bank and the Commission was initiated and focused on the building capability within the Commission to leverage and adapt best practices from the World Bank’s extensive experience in the use of ICT’s for efficient service delivery. After the preliminary discussions, it was agreed that the bilateral discussions be held between the AUC MIS team and the World Bank ICT team to further explore specific areas of cooperation between the two institutions. Pursuant to this initiative, the two teams held a number of telephone discussions and agreed to initiate horizontal dialogs at the technical level in the following areas: Library Systems and Archive Systems. The following assistance was sought from the World Bank:

i. Designation as Depository Library for the World Bank: In order to achieve one of its objectives in dissemination of research outputs and sharing of knowledge and information the World Bank considers well-organized libraries with numerous users as effective channels. The Commission library serves, in addition to the Commission’s and African Member States Embassies in Addis Ababa, various users from research and academic institutions, as well as international communities. It is in view of this that the African Union Commission (AUC) Library wishes to be designated as World Bank’s depository library. Since there is no World Bank’s depository library in Addis Ababa, realizing this need assists the various international community to have easy access to the Bank’s resources.

ii. The AUC Library also wishes to have free access to the World Bank e- Library, another valuable source of information, including full-text that will further enhance the library’s information service delivery. EX. CL/565 (XVI) Page 146

iii. World Development Indicators Online : The AUC Library also wish to have free access to the world development indicators online that is described by the Bank as the premier source for data on the global economy. iv. Digitization: - Although the Archives Unit is trying to implement the Greenstone Digital Library Software for the full-text access, not much success has been achieved, therefore, assistance to migrate to the ICA system would be welcome to achieve the desired result.

e) Development of Partnerships and signing of new Agreements

564. The Commission has made great efforts to mobilize external resources and develop relationship with new partners. During the reporting period, the following Agreements were signed with partners and subsequent resource mobilized to support the implementation of the AU Strategic Plan 2009-2012:

(i) Memorandum of Understanding with Greece – September 2008: This MoU concerns a contribution of twelve million Euros 12.000.000 € for a period of four (4) years to support AU programs relating to adaptation to climate change.

(ii) Memorandum of Understanding with Spain – March 2009: This is a contribution of thirty million Euros (€30,000,000.00) for the period 2009-2011 towards the reinforcement of the AU institutional capacities and its effectiveness in the promotion of peace and security in the African Continent.

(iii) Financial assistance from the People’s Republic of China – October 2009: This is a financial contribution of four hundred thousand dollars ($400,000) received by the Commission in October 2009 to support the AU capacity building for its strategic partnership.

(iv) Agreement with Denmark – November 2009: This is an agreement to support the 2nd phase of the Africa Program for Peace 2010-2013 for a total amount of 90.5 million Danish kroner (16 million US dollars). The new phase of Danish support in the field of Peace and Security in Africa is broader in scope as it also supports activities relating to the strengthening of the democratic development and the fight against corruption as conflict preventive measures.

(v) Agreement with the Federal Republic of Germany – November 2009: This is a technical assistance to the Commission for a total amount of thirteen million Euros (€13,000,000.00) to support activities in the areas of shared values, institutional capacity building, promotion of good governance and democracy and the implementation of the Sharm El-Sheikh Commitments for accelerating the Achievement of Water and Sanitation Goals in Africa.

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565. Compared to last year, there are an increasing number of donors providing technical and financial assistance to the African Union, and this trend will intensify further in the near future as negotiations are underway with various partners to support the implementation of the AU Strategic Plan 2009-2012. These partners include: UNDP, EC, the World Bank, France, Canada, as well as a large number of traditional donors (multilateral and bilateral). With regard to France and Canada, it should be pointed out that most agreements between these partners and the AU have expired and funds exhausted. In this context, the Commission has engaged in dialogue with those partners to discuss focal areas of support to the AU in light of the new Strategic Plan 2009-2012.

566. Finally, efforts are also underway to attract new sources of funding, including from non-traditional donors, the private sector and foundations. It is expected that those donors will be an integral part of the partnership with the AU in the future.

f) Joint Financing Arrangement (JFA)

567. The Joint Financing Arrangement (2008-2010) with a group of Partners known as the “Pooled Fund Partners” (Denmark, Norway, Sweden, the Netherlands, Germany and the United Kingdom) was reviewed in August 2009. One of the main recommendations of the Review is that the Commission and the “Pooled Fund Partners” will sign a new JFA Agreement once the current one expires towards the end of 2010.

568. A key recommendation is also to widen the JFA by adding or involving more (new) partners to the JFA, with the ultimate goal to gradually move towards a more integrated program funding and direct budget support.

569. To achieve this however, reforms are essential for ensuring greater transparency and accountability in the management of resources, as well as enhancing credibility and operational efficiency. These reforms are currently being introduced by the Commission.

g) Organization of a Partners Conference

570. A Partners Conference was held from 2 to 3 December 2009 in order to mobilize funds to support the implementation of the AU Strategic Plan 2009-2012. The Conference was organized in partnership with the Economic Commission for Africa (ECA). It brought together AU and ECA’s current and prospective new donors in order to inform them about the AU priorities for the next three years. The meeting was most encouraging as it confirmed the commitment of partners, old and new, to lend their support to the AU Strategic Plan implementation.

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h) Challenges

571. In this regard, the Commission is still facing some challenges and is striving to overcome them. Project planning, monitoring and evaluation continue to pose great challenge to many a department within the Commission, as evidenced by the following, such challenges could be summarized as follows:

(i) Poor quality of monitoring and evaluation reports; (ii) Over planning of projects by Departments; (iii) Untimely submission of narration and financial report; (iv) Manpower constraints; (v) Non-utilization of AMERT tool by some Regional/Representational Offices for submission of Monitoring and Evaluation.

572. In order to overcome such difficulties, the Commission intends to introduce a mechanism to ensure timely reporting by AUC Departments and Regional Offices. Such mechanism would be to link the release of approved activities funds to production of monitoring and evaluation reports. Introduction of such a mechanism would go a long way towards ensuring timely production of quality reports by Departments. The following measures are envisaged:

i. Expedite the rolling out of the Result-Based Management (RBM) within the AUC. Rolling out of RBM would assist in developing a common understanding of key program and project implementation concepts such as goals, outcome, outputs, targets, results etc. ii. Strengthen the capacity of Regional/Representational Offices in the areas of Program management. iii. Fill vacant posts and strengthen work force within the available resources. Policy Organs are called upon to lend all them support in this effort. iv. Undertake continuous training of AUC Staff in all relevant management tools..

4. CONFERENCE SERVICES

573. During the period under review, the Commission serviced 210 meetings. In this connection, a total of twelve thousand four hundred Seven (12,407) pages were translated into the four AU working languages. During the same period, the Commission published books, booklets, posters, brochures and leaflets as well as other printed materials.

574. Within the framework of its modernization efforts, the Commission acquired Computer Assisted Translation Software and has trained staff on the use of this new tool.

575. It is now in the process of finalizing “Plunet” Software which will be used for Work Flow Management of documents under translation, while developing techniques for easy identification and tracking of documents. EX. CL/565 (XVI) Page 149

576. In the same vein, the Commission has purchased and installed a Software based digital audio recording system with a capacity of up to eight interpretation channels. This modern recording system is working in a networked manner and enables the Commission to record meeting proceedings and to establish digital audio archive system.

577. With regards to the 2009 Calendar of Meetings, the Commission endeavors to constantly update and send the Calendar as well as weekly programmes, to all Member States and Commission members for necessary follow up action.

578. A number of staff from the Conference Services Directorate have been trained to build the capacity of these essential services. The training covers in particular documentation using appropriate database connections with a view to computerizing the Documentation Unit. This translation and interpretation training covers also some staff to update them in the new techniques in those sectors.

5. AUDIT ACTIVITIES

579. During the period under review, the audit activities undertaken by the Office of Internal Audit (OIA) include the review of the following audit projects:

Details Status AU Lagos Office Final Report issued AU Niamey Office Final Report issued AU Yaoundé Office Final Report issued AU Banjul Office Final Report issued AMISOM – Nairobi Final Report issued SAP Data Validation on Human Resources, Material Final Report issued Management and Fixed Assets African Court on Human & People’s Rights in Arusha Final Report issued Afro Arab Cultural Institute - Bamako Final report issued Review of DDDC- Imprest Final report issued Investigation in procurement of Medicines Final report issued AU New York Office Final report issued Lilongwe Final report issued AU/ IBAR Final report issued Pan- African Parliament Final report issued OLMEE Addis Ababa Final report issued Dakar Office Final report issued AMISOM HQS Draft Report issued Medical Center Draft Report issued Cash and Cash Management Draft Report issued EX. CL/565 (XVI) Page 150

Details Status EC-Euro 55m Support Program 2008 Draft Report issued Project and Programmes review -2008 Draft Report issued AU Liaison Office in DRC Field work - in progress AU Liaison Office in Burundi Field work - in progress Accounts Receivables and Payables Field work - in progress ECOSSOC Field work - in progress BETS (Building & Maintenance ) Field work - in progress General Fund and Contributions Field work - in progress African Academy of Languages (ACALAN) Field work - in progress EC-Euro 55m Support Program 2009 Field work - in progress Follow up on AUC Management Awaiting comments from departments

580. Apart from the audit projects cited above, the OIA has continued to provide professional services. Its Auditors contributed as Resource Persons /Task force members in the IMIS implementation project as well as the Task Force on external resource management.

581. In an effort to continuously enhance the capacity of the Audit Services, the Commission initiated a number of training courses for its Auditors in enabling them to attend international workshops in Audit Institutions such as the 40th meeting of Representative of Internal Audit Services (RIAS) and the 3rd UN RIAS meeting held in Malaysia in September/October 2009 as well as the conference of EC Internal Audit Services held in Brussels in October 2009, thus benefiting from exchange of best experiences and practices. The AU Audit Services were also exposed to the new IT Applications and Audit Management Software so as to be better equipped in the performance of their duties.

582. On the basis of Article 70(h) of the AUC Financial Rules and Regulations and with a view to enhancing the audit function in the Commission, it is critical that the draft Internal Audit Charter be considered by the policy-making organs as soon as possible. The Charter is aimed at clearly defining the purpose, authority and responsibility of the internal audit activity and setting up of the PRC Sub-Committee on Audit Matters (equivalent of Audit Committee) to be in line with Best Practices and as recommended by the report of the Board of External Auditors and some Partners’ External Audits including the EC.

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6. INTEGRATION OF NEPAD

a) Progress

583. Some progress has been made in integrating NEPAD into the structures and processes of the African Union (AU) since the 21st NEPAD Heads of State and Government Implementation Committee (HSGIC) Meeting held in Sirte, Libya, in June/July 2009. The activities undertaken include:

i. Creation of a NEPAD Coordination Unit in the Office of the Chairperson of the Commission

584. The above Unit has been created and will serve as an interlocutor between the NEPAD Secretariat and the AUC in the context of integration. Recruitment of staff for the Unit has commenced. Once completed, the Unit will be formally established and assume its role and responsibilities within the Office of the Chairperson.

ii. AUC Secondments and Working Visits to the NEPAD Secretariat

585. Within the framework of the implementation of the interim Host Agreement, a number of AUC staff in finance, administrative, legal, audit, protocol and Information Technology (IT) areas have been seconded or are scheduled to undertake working visits to the NEPAD Secretariat to support its efforts to adopt AU rules and procedure.

iii. Sectoral Work Programme Harmonisation

586. Both the AUC and the NEPAD Secretariat continue to work on the harmonization of their respective programmes and activities to ensure delineation of their roles and responsibilities. In this regard, the First Work Harmonization Session was convened at the AUC on November 3, 2009. A major achievement from the meeting was the development of a comprehensive joint work programme between the AUC and the NEPAD Secretariat, which provides a diagnosis of programmatic activities in sectoral areas and proposes joint working activities between the AUC and the Secretariat. This joint work programme is work in progress and will continue to undergo refinement.

iv. Issuing of African Union Laissez-Passer

587. Work has been initiated to commence the issuing of African Union Laissez-Passer to relevant staff members of the NEPAD Secretariat.

v. Financial Management

588. The NEPAD Secretariat submitted its 2010 budget to the Commission, for inclusion in the overall AU budget. Further, a finance officer was seconded to the Secretariat in EX. CL/565 (XVI) Page 152

October 2009 to support its financial management activities. As a result, the NEPAD budget is being integrated in the budget of the Commission as from the 2010 Budget.

vi. Change Management Process

589. The NEPAD Secretariat has also put in place a team to work on the change management process from the current Secretariat to the establishment of the NEPAD Planning and Coordinating Agency (NPCA). The team is providing the NEPAD CEO with advice on the functions, structure of the new entity, the business plans and the necessary support requirements.

vii. Office Accommodation

590. A new building has been identified in Midrand, South Africa, for the NEPAD Secretariat. Relocation of the Secretariat to the new premises is due to take place in late 2009/early 2010.

b) Challenges

591. Despite the progress made, a number of challenges remain. These include:

a) Ensuring the institutionalisation of a coordinated approach and regularized feedback between the various AUC Departments and NEPAD Secretariat counterparts; b) The need to ensure the newly created NEPAD Coordination Unit in the office of the Chairperson is sufficiently capacitated and resourced; c) The need to capacitate the various AUC Departments to enable them to engage regularly and actively with the NEPAD Secretariat; d) The need to provide sufficient resources to enable the NEPAD Secretariat to adopt the AU payroll system, VSAT facilities and other relevant systems and software; and e) The need to ensure a decision on NEPAD integration is taken to enable the AUC and the NEPAD Secretariat to implement a number of recommendations agreed during the 21st NEPAD HSGIC. These included:

i) Establishment of the NEPAD Planning and Coordinating Agency [NPCA] (Agency replaces the title Authority in view of the fact that another decision has been taken to transform the AUC into an Authority); ii) The Chairperson of the Commission shall exercise supervisory authority over the NPCA, whilst giving the new agency adequate and necessary flexibilities to carry out its mandate and core functions; and iii) Financing of the NPCA through statutory sources of the Commission, with also the continuation of voluntary contributions by AU Member- States. As well as additional budgetary support from development partners and the private sector. EX. CL/565 (XVI) Page 153

VI. CONCLUSION

592. This report undertook to give an exhaustive appraisal of the activities carried out by the Commission since July 2009. The Commission once again expresses its commitment to implement the programmes and decisions of the relevant Organs of the Union, particularly the Strategic Plan adopted in Sirte in July 2009. This Plan will help the Commission to move forward on solid foundations with action plans and budgets capable of yielding concrete, measurable and assessable outcomes within set timeframes. To this end, the Commission has to be provided with commensurate resources, both human, financial and material. I therefore appeal to Member States to pay up their contributions in good time. I also call for mobilization of alternative sources of financing, because clearly, the existing contributions cannot meet the growing needs of the continental integration programmes. As the report has reiterated on several occasions, the Commission is deeply engaged in the promotion of internal good governance through meticulous management of its modest resources using effective tools that ensure transparency and accountability, such as the new administrative and financial management rules as contained in IMIS and AMERT, as well as the draft Audit Charter, the Report of the High-Level Panel on the Audit of the Union and other relevant documents.

593. In recent months, we participated in huge international gatherings such as the G8 meeting in L’Aquila, Italy; the G20 in Pittsburg, USA; the Africa-South America Summit in Margarita, Venezuela; the Africa-China Ministerial Forum in Sharm El-Sheikh, Egypt; the Africa-South Korea Forum, in Seoul; and the Climate Change Conference in Copenhagen, Denmark, to mention but these. These meetings bear unquestionable testimony to African Union’s enviable position and to the role it is currently playing in the concert of Nations. The meetings also show, and this is gratifying, that Africa is fully aware of its strategic weight and the imperative need for unity, in taking full advantage of the prospects for its full development and in making its voice heard in the world. An eloquent example was the Copenhagen negotiations on Climate Change. Also worth mentioning is the recognition that has now been acquired by the African Union, making possible for it to participate in G20 meetings. Given these advantages and its increasing openness to the world, it is incumbent on the African Union to provide itself with the means and to devise a policy that will enable our Continent to consistently bring its contribution to bear on the management of world affairs. For its part, the Commission will remain available to Member States and the relevant Organs of the Union for the continuous strengthening of this contribution. The world is watching us in this positive development in the era of globalization. We must stay in tune with history by unwaveringly occupying our due position in this process, fully and in dignity.

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594. The report highlights the activities undertaken under each of the four pillars of the Strategic Plan. The Commission expects the consideration of this report to generate inputs from all Member States, thus allowing for the emergence of clear directives on all crucial issues of collective interest. With such inputs, the Commission will introduce all the needed improvements in the conduct of its programmes and activities. We, indeed, believe that the combined effort of all the stakeholders will contribute to the significant advancement of Africa’s agenda articulated essentially around continental integration, affirmation and defence of its interests and place in the world, and enhancement of its role in the international arena.