Official Journal Vol. 56

of the Economic Community of West African States (ECOWAS)

English Edition October 2009 - February 2010

• EXTRAORDINARY SESSION OF THE SUMMIT OF HEADS OF STATE AND GOVERNMENT ABUJA, , 17 OCTOBER, 2009

• THIRTY-SEVENTH SESSION OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT ABUJA, NIGERIA, 16 FEBRUARY, 2010

• SIXTY THIRD ORDINARY SESSION OF THE COUNCIL OF MINISTERS ABUJA, NIGERIA, 20TH -21 ST NOVEMBER 2009,

CONTENTS PAGE

SUPPLEMENTARY ACTS

SUPPLEMENTARY ACT ASP.1/10/09 ON THE ADOPTION OF MEASURES TO ENSURE THE RESTORATION OF DEMOCRATIC GOVERNANCE AND THE RESPECT OF THE RULE OF LAW IN THE REPUBLIC OF

SUPPLEMENTARY ACT ASP.2/10/09 9 ON THE ADOPTION OF MEASURES FOR THE RESTORATION OF DEMOCRATIC GOVERNANCE AND RESPECT FOR THE RULE OF LAW IN THE REPUBLIC OF

SUPPLEMENTARY ACT A/SA.1/01/10 14 ON PERSONAL DATA PROTECTION WITHIN ECOWAS

SUPPLEMENTARY ACT A/SA.2/01/10 24 ON ELECTRONIC TRANSACTIONS WITHIN ECOWAS

SUPPLEMENTARY ACT A/SA.3/01/10 31 AMENDING NEW ARTICLE 9 OF THE ECOWAS TREATY AS AMENDED BY SUPPLEMENTARY PROTOCOL A/SP1/06/06

DECISIONS

DECISION A/DEC.1/02/10 35 ON THE APPOINTMENT OF AMBASSADOR AS THE PRESIDENT OF THE ECOWAS COMMISSION IN CONTINUATION OF THE MANDATE OF THE REPUBLIC OF

DECISION A/DEC.2/02/10 36 ON THE ELECTION OF THE FEDERAL REPUBLIC OF NIGERIA AS CHAIR OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT October 2009 / February 2010 ECOWAS Official Journal Vol. 56

RESOLUTION

RESOLUTION A/RES.1/02/10 37 ON CONGRATULATING AND THANKING DR. , OUTGOING PRESIDENTOFTHE ECOWAS COMMISSION

REGULATIONS

REGULATION C/REG.1/11/09 38 APPROVING THE WORK PROGRAMME OFTHE ECOWAS COMMISSION, FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.2/11/09 38 APPROVING THE WORK PROGRAMME OF THE ECOWAS PARLIAMENT FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.3/11/09 39 APPROVING THE WORK PROGRAMME OF THE COMMUNITY COURT OF JUSTICE FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG. 4/11/09 39 APPROVING THE WORK PROGRAMME OFTHEWESTAFRICAN HEALTH ORGANISATION FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.5/11/09 40 APPROVING THE WORK PROGRAMME OFTHE INTERGOVERNMENTALACTION GROUP AGAINSTMONEY LAUNDERING INWESTAFRICA(GIABA) FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.6/11/09 40 APPROVING THE WORK PROGRAMME OF THE ECOWAS GENDER DEVELOPMENT CENTRE FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.7/11/09 41 APPROVING THE WORK PROGRAMME OF THE WATER RESOURCES INTEGRATED MANAGEMENT CENTRE FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.8/11/09 41 APPROVING THE WORK PROGRAMME OFTHE ECOWAS OFFICE IN BRUSSELS

REGULATION C/REG.9 /11/09 42 APPROVING THE WORK PROGRAMME OF THE ECOWAS YOUTH AND SPORTS DEVELOPMENT CENTRE FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.10 /11/09 42 APPROVING THE BUDGET OF THE ECOWAS COMMISSION, ITS AGENCIES, CENTRES AND OFFICES FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.11/11/09 43 APPROVING THE BUDGET OF THE ECOWAS PARLIAMENT FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG.12/11/09 44 APPROVING THE BUDGET OF THE COMMUNITY COURT OF JUSTICE FOR THE 2010 FINANCIAL YEAR October 2009 / February 2010 ECOWAS Official Journal Vol. 56

REGULATION C/REG13/11/09 45 APPROVING THE BUDGET OF THE WEST AFRICAN HEALTH ORGANISATION FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG14/11/09 46 APPROVING THE BUDGET OF THE INTERGOVERNMENTAL ACTION GROUP AGAINST MONEY LAUNDERING IN WESTAFRICA FOR THE 2010 FINANCIAL YEAR

REGULATION C/REG15/11/09 47 ESTABLISHING THE CRITERIA FORTHE HOSTING OF INSTITUTIONS AND AGENCIES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) BY MEMBER STATES

REGULATION C/REG16/11/09 49 ON THE CREATION, OBJECTIVESAND RESPONSIBILITIES OFA REGIONAL COPYRIGHT OBSERVATORY

REGULATION C/REG17 /11/09 50 APPROVING A BUDGETARYALLOCATION FOR THE CONSTRUCTION OF THE ECOWAS LOGISTICS DEPORT IN

REGULATION C/REG 18/11/09 51 ADOPTING THE GUIDELINES FOR THE PREPARATION OF REPORTS ON ECOWAS MULTILATERALSURVEILLANCE MECHANISM

RECOMMENDATION

RECOMMENDATION C/REC/1/11/09 56 RELATING TO PERSONAL DATA PROTECTION WITHIN ECOWAS

RECOMMENDATION C/REC.2/11/09 57 RELATING TOTHE ELECTRONIC TRANSACTIONS WITHIN ECOWAS

RECOMMENDATION C/REC.3/11/09 58 RELATING TO THE AMENDMENT OF NEW ARTICLE 9 OF THE ECOWAS TREATY AS AMENDED BY SUPPLEMENTARY PROTOCOLA/SP1/06/06

FINAL COMMUNIQUES

FINAL COMMUNIQUE 59 EXTRAORDINARY SUMMIT OF ECOWAS HEADS OF STATE AND GOVERNMENT, ABUJA, 17 OCTOBER 2009

FINAL COMMUNIQUE 62 37TH ORDINARYSESSION OFTHEAUTHORITY OF HEADS OFSTATEAND GOVERNMENT, ABUJA, 16TH FEBRUARY 2010 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

SUPPLEMENTARY ACT ASP.1/10/09 ON THE CONSIDERING that the provisions of the new ADOPTION OF MEASURES TO ENSURE THE Constitution adopted as a result of the 4th August RESTORATION OF DEMOCRATIC GOVERNANCE 2009 referendum include, automatic extension of the ANDTHE RESPECTOFTHE RULE OF LAW IN THE term of office of President for REPUBLIC OF NIGER three (3) years, from the end of his second (2nd) term, the possibility of contesting without limit in subsequent Presidential elections, and the power to THE HIGH CONTRACTING PARTIES, appoint five (5) out of the nine (9) Judges of the Constitutional Court MINDFULof Articles 7,8and 9 of the ECOWASTreaty as amended establishing the Authority of Heads of CONSIDERING that the major political parties, State and Government and defining its composition including an important break-away faction of and functions; PresidentTAN DJAs own political party, Niger's major Trade Un'ons, Civil Society Organizations and MINDFUL of the Declaration of the Political Principles academic Institutions are all opposed to the change of ECOWAS adopted in Abuja on 6th July, 1991; of the Constitution, with the exception of only a handful of organizations like the traditional Chiefs MINDFULof the Protocol relating to the Mechanism and the Tasarche movement; on Conflict Prevention, Management, Resolution, Peace-keeping and Security signed in Lome on the NOTING the negative attitude of the Nigerien 10th December, 1999; authorities towards the concerns raised by the Council of Elders during their mission in Niger, and MINDFUL of the Protocol on Democracy and Good those of the joint mission of the , Governance signed in Dakar on 21st December, and ECOWAS; 2001; NOTING also the concern of ECOWAS with regard WHEREAS the Principles set out in the Solemn to the constitutional crisis in Niger, conveyed to Declaration of the OAU on security, stability, them by the delegation dispatched to Niamey by the development and cooperation in Africa, adopted in current Chairman of the Authority of Heads of State Abuja on 8th and 9th May, 2000, as well as Decision and Government, and led by His Excellency General AHG. DEC. 142 (xxv) on the framework relating to the Abdusalami Abubakar, former President of the reaction of the OAU to the anti-constitutional changes Federal Republic of Nigeria; of Government, adopted in Algiers in July, 1999; RECALLING that the Prime Minister of the Republic MINDFULof the final Communique of the Retreat of of Niger who represented the President of that the Council of Elders of ECOWAS held in Niamey, country at the thirty-sixth ordinary session of the Republic of Niger, on 15th and 16th May, 2009 ; Authority of Heads of State and Government held in Abuja on 22nd June 2009, assured the Authority, MINDFUL of the final Communique of the that all stakeholders will continue to work to ensure extraordinary meeting of the ECOWAS Mediation the respect of constitutional legality and the rule of and Security Council held in Abuja on the 24th day law, and that no action that violates the Constitution of August, 2009; of Niger will be taken.

CONSIDERING that six (6) months before the end of NOTINGthat the Constitutional Court of Niger, whose his second and last term and in violation of the decisions are binding and are not subject to appeal, provisions of the Constitution of the Republic of Niger rendered an opinion to the effect that any referendum of 1999 and the ECOWAS Protocol on Democracy that seeks to change the 1999 Constitution in and Good Governance, the President of the Republic disregard of its relevant provisions, shall constitute of Niger on the 4th day August, 2009 organised a a violation of the said Constitution and a violation of referendum to change the Constitution of his country; the President's oath of office, and subsequently declared that the draft referendum is inadmissible; CONSIDERING that the Authorities in Niger have advanced as justification for replacing the 1999 CONSIDERING that the President of the Republic Constitution, the desire to have the President of the of Niger not taking note of the decision of the Republic complete the "great projects" that he had Constitutional Court, dissolved the Court, replaced initiated; its judges, changed members of the National October 2009 / February 2010 ECOWAS Official Journal Vol. 56

Electoral Commission and dissolved the National of the Protocol on Democracy and Good Assembly in order to organize the referendum and Governance are imposed on the Republic of Niger to have the new Constitution adopted. a) the Community shall not support candidates NOTING that these political developments have led presented by Niger for elective posts in to demonstrations by the opposition and a massive International Organisations; coalitionof political parties, including very important personalities, members of Civil Society and the b) the Community shall not organise ECOWAS seven (7) main trade union groups, as well as meetings in Niger negative reactions from the International Community. Article 3: CONSIDERING that the holding of the constitutional referendum and the ensuing change of the 1999 The Niger Authorities shall postpone the legislative Constitution constitute violations of the ECOWAS election scheduled for 20th October 2009, in favour Protocol A/SP1/12/01 on Democracy and Good of dialogue with the other leading political parties on Governance and calls into question the basis of the resolving the political crises in that country. major norms and standards of ECOWAS and the African Union ; Article 4:

NOTING that Protocol A/SP1/12/01 on Democracy Ateam comprising Her Excellency Mrs. Ellen Johnson and Good Governance came into force on 20th Sirleaf, President of the Republic of , His February, 2008 and that the Republic of Nigerratified Excellency, General (Rtd) , it on the 8th December, 2005. former Head of State of the Federal Republic of Nigeria and Dr. Mohamed Ibn Chambas, President NOTING that in order to consolidate the outcome of of the ECOWAS Commission shall undertake a the referendum, President Mamadou TANDJA has mission to Niamey to meet President TANDJA on scheduled legislative elections for October 20, 2009; Sunday 18th October 2009 to present the message of the Summit and facilitate the dialogue between CONSCIOUS of the fact that the current political the stakeholders. situation in Niger risks provoking within the region, a domino effect with regard to the unconstitutional Article 5 : accession to or maintenance of power of governments, thereby endangering the progress 1. His Excellency General (Rtd) Abdulsalami made in the democratization process of Abubakar, former Head of State of the Federal over the last two decades; Republic of Nigeria is hereby appointed as the ECOWAS Mediator for Niger. DESIROUS of creating a conducive environment for the restoration of dialogue between the Nigerien 2. He shall immediately convene a meeting of stakeholders as well as creating the conditions for Nigerien stakeholders to re-establish political the restoration of democratic governance and the dialogue aimed at creating National consensus respect of the rule of law in Niger; for the resolution of the crisis in Niger.

HEREBYAGREEAS FOLLOWS : Article 6:

Article 1 : Non-compliance by the Nigerien Authorities of the provisions of this Supplementary Act would lead to The holding of the referendum of 4th August 2009 the automatic and immediate imposition of full and the circumstances of its organisation are against sanctions as stipulated under article 45 of the the letter and the spirit of the Constitution of Niger Supplementary Protocol on Democracy and Good and constitute a violation of the ECOWAS Governance and a referral of the Niger file to the AU Supplementary Protocol on Democracy and Good for similar action. Governance of 21st December 2001. Article 7: Article 2: 1. The President of the Commission shall notify The following sanctions stipulated under article 45 the Chairman of the African Union Commission October 2009 / February 2010 ECOWAS Official Journal Vol. 56

and the AU Peace and Security Council of this Commission in the official journal of the Community Supplementary Act for appropriate action. within thirty (30) days of its signature. It shall also be published by each Member-State in its official 2 The President of the Commission shall also journal within the same time-frame as that specified notify the Member States, the Community above, after the Commission has made notification Institutions, the European Union, the of the same to it. Organisation Internationale de la Francophonie, the United Nations Organisation ARTICLE 9: of this Supplementary Act and shall seek the support of these Organisations in its This Supplementary Act shall be deposited with the enforcement. Commission, which body shall forward certified true copies of the same to all Member-States and shall Article 8: register the same with the African Union, the United Nations and any organization designated by the This Supplementary Act which shall come into force Council. as soon as it is signed and shall be published by the

IN FAITH WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES, HEREBY SIGN THIS SUPPLEMENTARY ACT

DONE AT ABUJA, THIS 17TH DAY OF OCTOBER, 2009

IN SINGLE ORIGINAL IN THE FRENCH, ENGLISH AND PORTUGUESE LANGUAGES, .ALLTHREE (3) TEXTS BEING EQUALLY AUTHENTIC

H. E. Dr. Thomas Boni YAYI H. E. Mr. Blaise COMPAORE President of the Republic of President of FASO Head of State, Head of Government

x'. : Mr. Jorge BORGES Mr. Amidou DIARRA Secretary of State for Foreign Affairs, Ambassador of Cote d'lvoire to Nigeria For and on behalf of the and to Benin Republic President of the Republic of For and on behalf of the President of the Republic of COTE D'lVOIRE

Aja Dr. Isatou Njie SAIDY Alhaji Vice President of the Republic of Minister for Foreign Affairs and Regional For and on behalf of the President of the Integration, For and on behalf of the Republic of the GAMBIA President of the Republic of GHANA October 2009 / February 2010 ECOWAS Official Journal Vol. 56

o I:L-4^ Hon. Abdoul Kabele CAMARA H.E. Malam Bacai SANHA Minister for Foreign Affairs, Cooperation, President of the Republic of GUINEA BISSAU Integration in Africa and Guineans in the Exterior, For and on behalf of the President of the Republic of GUINEA

H. E. Mrs. Ellen JOHNSON-SIRLEAF H.E. Boubacar K. COULIBALY President of the Republic of LIBERIA Ambassador of to Nigeria For and on behalf of the President of the Republic of MALI

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H. E. M. Mamadou TANDJA H. E. Alhaj/umar Musa YAR'ADUA President of the Republic of NIGER President of the Federal Republic of Nigeria and Commander-in-Chief of the Armed Forces of the Federal Republic of NIGERIA, Chairman of Authority of Heads of State and Government of ECOWAS

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H. E. M. Madicke NIANG Esq. H. E. Ernest Bai KOROMA Minister of State for Foreign Affairs, President of the Republic of SIERRA LEONE For and on behalf of the President of the Republic of

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E. Mr. Fail! GNASSINGBE Presiderit of the TOGDLESE Republic 'J October 2009 / February 2010 ECOWAS Official Journal Vol. 56

SUPPLEMENTARY ACT ASP.2/10/09 ON THE Democracy and Development (CNDD) made a lot of ADOPTION OF MEASURES FOR THE commitments including organizing credible, free, fair RESTORATION OF DEMOCRATIC GOVERNANCE and transparent elections in 2009 where neither the AND RESPECT FOR THE RULE OF LAW IN THE President, the other members of the CNDD , nor REPUBLIC OF GUINEA the Prime Minister can contest the presidential election as candidates, and that the CNDD would ensure respect for human rights and the rule of law THE HIGH CONTRACTING PARTIES, and would fight against any form of impunity and drug trafficking; MINDFUL of articles 7, 8 and 9 of the ECOWAS Treaty as amended establishing the Authority of RECALLING that during the Extraordinary Summit Heads of State and Government and defining its on 10 January 2009, the Summit of. Heads of State composition and functions; and Government took supporting measures in aid of Guinea including the pursuit of a permanent and MINDFUL of the Declaration of the ECOWAS Political constructive dialogue with the CNDD and all Principles adopted in Abuja on 6th July 1991; stakeholders involved in the process with the view to organizing speedy elections and transferring MINDFUL of the Protocol on the Mechanism for power to a democratically elected government; Conflict Prevention, Management, Resolution, Peace building and Security signed in Lome on 10th NOTING that the decision of the Chairman of the December 1999; CNDD in seeking to stand as a candidate in the presidential election led the 204th meeting of the MINDFUL of the Protocol on Democracy and Good Peace and Security Council of the African Union to Governance signed in Dakar on 21st December enjoin him to explicitly and formally confirm before 2001; 17th October 2009 the commitment that neither himself, the other members of the CNDD, nor the MINDFUL of the ECOWAS Convention on Small Arms Prime Minister would be candidates in the said and Light Weapons, their ammunition and other elections; related materials of 14th June 2006;

MINDFUL of the Principles enshrined in the OAU NOTING that the political and security situation has Solemn Declaration on stability, development and in recent times seriously deteriorated with, a cooperation in Africa, adopted in Abuja on 8 and 9th complete breakdown in the dialogue process May 2000, as well as Decision AHG. DEC.142 (xxv) between the CNDD and the opposition political relating to the framework for OAU response to parties, civil society and the unions rallying together unconstitutional changes of Government adopted in as the forces vives, the violent repression of political Algiers in July 1999; activities with the latest example beingthe massacre of the civilian population on 28 September 2009 CONSIDERING that after the demise of President bythe military who opened fire on them resulting in Lansana CONTE, a military junta under the many deaths and a number of wounded persons , leadership of Captain Moussa Dadis CAMARA took raping of several women and perpetration of over power in Guinea by overthrowing the horrendous acts against them ; established Authorities mandated by the Constitution to succeed the late President; CONCERNED bythe acts ofintimidation perpetrated by the Guinean Armed Forces on the civilian RECALLING that during the Extraordinary Summit population, arbitrary arrests , intolerance of the held in Abuja on 10th January 2009, the Summit of military towards any political dissent, indiscipline and Heads of State and Government viewed this lack of command and control within the armed forces takeover of power as a departure from democracy as well as information received, relating totrafficking and suspended Guinea from participating in all and illegal circulation of arms in Guinea; meetings of ECOWAS decision-making bodies until a return to constitutional order in this country; CONDEMNING strongly the killings and other atrocities perpetrated on 28th September 2009 by RECALLING FURTHER that regarding the prospect the Guinean military personnel againstthe population of reestablishing constitutionalism in the shortest that the CNDD is duty bound to protect; possible time , members of the National Council for October 2009 / February 2010 ECOWAS Official Journal Vol. 56

OBSERVING that the above-mentioned acts are a Guinea and at the end of the transition period, violation of the ECOWAS Protocol A/SP1/12/01 on work with the new Government, in particular, Democracy and Good Governance; towards designing a reform programme for the security sector. OBSERVING FURTHER that Protocol A/SP1/12/01 on the Democracy and Good Governance came into 2. The President of the Commission shall seek force on 20th February 2008 and that the Republic support from the African Union, the United of Guinea ratified it on 20th June 2003; Nations and other key partners towards the realization of the mission stated in paragraph CONSCIOUS that the current political and security 1 of this article relating to reform of the security situation in Guinea threatens to undermine progress sector in Guinea where necessary. made in the democratisation process in West Africa over the past two decades; Article 3:

CONVINCED that a political solution seeking to put The President of the Commission shall work with the in place new transitional Authorities, with an avowed African Union on a regime of targeted sanctions neutrality in the electoral process, based on the against individuals who would pose a threat to the withdrawal of the CNDD or possibly through dialogue implementation of the transitional agenda. as well as a short-lived conciliatory transition period followed by credible and transparent elections, are Article 4: likely to promote restoration of democratic governance and respect for the rule of law in the The President of the ECOWAS Commission shall Republic of Guinea; workwith the Secretary General ofthe United Nations (UNSG), the Chairperson of the AU Commission to WELCOMING the nomination of His Excellency Blaise create a conducive and enabling environment, COMPAORE, President of Faso by the current including the provision of a Security Cover to allow ECOWAS Commission President as ECOWAS the Commission of Enquiry established by the UN to mediator for Guinea, and encouraging him to carry out its mission. expedite the dialogue process with the Guinean stakeholders; Article 5:

CONCERNED about creating a satisfactory 1. No exemptions shall be granted to the environment for the restoration of democratic Government of Guinea and members of the governance and respect ofthe ruleof law in Guinea; CNDD for the importation, exportation and manufacture of small arms and light weapons HEREBY AGREEAS FOLLOWS: as provided under the ECOWAS Convention on Small Arms and Light Weapons, their Article 1: Ammunitions and other Related Materials.

President Blaise COMPAORE, ECOWAS mediator 2. The Government of Guinea and Members of on Guinea shall expedite the process of dialogue the CNDD shall be excluded from the decision with all Guinean actors with the view to: making process relating to applications for exemptions underthe said Convention onSmall a) establishing a new transitional authority; Arms and Light Weapons, their Ammunitions b) ensuring that those who hold high offices and other Related Materials. in the new transitional authority do not stand for the forthcoming Presidential Article 6: elections; 1. ECOWAS shall place an embargo on the supply c) setting up benchmarks inthe chronogram of arms, ammunitions and military equipment already agreed and to ensure a timely to Guinea. achievement of the set benchmarks. 2. In the enforcement of the provisions of Article 2: paragraph 1 of this article, the Member States shall prevent: 1. The President of the ECOWAS Commission shall work with the new transitional authority in

10 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

a) the sale or supply to Guinea of arms or Article 9: related equipment of all kinds, military or police vehicles or related spare parts and ECOWAS shall continue to monitor, encourage and accessories by their nationals or from their support every effort made by the Republic of Guinea territories or by the use of ships or towards the restoration of democratic governance aircrafts flying their national flags ; and. the rule of law in that country.

b) the entry into the territorial waters of Article 10: Guinea or its territory of any means of transport carrying arms or related The President of the Commission shall notify equipment of all kinds including arms and Member States, Community Institutions, the African ammunitions , military or police vehicles Union, the European Union, the International and related accessories. Organization of the Francophonie, the United Nations Organization about this Supplementary Act 3. The Member States shall ensure strict and shall call for the support of these organizations surveillance of their coastal zones, land in the enforcement of this Supplementary Act; borders and their airspace to prevent any violation of the arms embargo on Guinea. Article 11:

Article 7: 1. This Supplementary Act shall be published in the Official Journal of the Community by the The President of the Commission shall take all Commission within thirty (30) days upon its necessary measures to obtain the support of the signature by the ECOWAS Heads of State and African Union, the European Union and the United Government. Nations in the enforcement of the embargo on arms imposed on the Republic of Guinea. 2. Itshall also be published by each Member State in its National Gazette within the same Article 8: timeframe, after notificationby the Commission.

Allthe member States, the President of the ECOWAS Article 12: Commission and Heads of all Community Institutions shall take all appropriate measures for the effective This Supplementary Act shall be deposited at the and total enforcement of this Supplementary Act. Commission which shalltransmitcertified true copies thereof to all the Member States and register it with the African Union, the United Nations Organisation, and with such other organisations as may be designated by the Council of Ministers.

IN WITNESS WHEREOF WE, HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRCAN STATES, HAVE SIGNED THIS SUPPLEMENTARY ACT

DONE IN ABUJA, 17 OCTOBER 2009 IN ASINGLE ORIGINAL COPY IN FRENCH, ENGLISH AND PORTUGUESE, THE THREE (3) TEXTS BEING EQUALLY AUTHENTIC. /-A

X. >s. H. E. 6r. Thomas Boni YAYI HE. Mr. Blaise COMPAORE President of the Republic of BENIN President of FASO Head of State, Head of Government

11 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

r>X' \_a:. ,/..., Mr. Jorge BORGES Mr. Amidou DIARRA Secretary of State for Foreign Affairs, Ambassador of Cote d'lvoire to Nigeria For and on behalf of the and to Benin Republic President of the Republic of CAPE VERDE For and on behalf of the President of the Republic of COTE D'lVOIRE

|V W Aja Dr. Isatou Njie SAIDY Alhaji Muhammad MUMUNI Vice President of the Republic of the Gambia Minister for Foreign Affairs and Regional For and on behalf of the President of the Integration, For and on behalf of the Republic of the GAMBIA President of the Republic of GHANA

I If: J) / Hon. Abdoul Kabele CAMARA H.E. Nialam Bacai SANHA Minister for Foreign Affairs, Cooperation, President of the Republic of GUINEA BISSAU Integration in Africa and Guineans in the Exterior, For and on behalf of the President of the Republic of GUINEA

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L cT_- s^ H. E. Mrs. Ellen JOHNSON-SIRLEAF H.E. Boubacar K. COULIBALY President of the Republic of LIBERIA Ambassador of Mali to Nigeria For and on behalf of the President of the Republic of MALI

12 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

jMJ^Jfrs^* H. E. M. Mamadou TANDJA H. E. Alhaji iOmar Musa YAR'ADUA President of the Republic of NIGER President of the Federal Republic of Nigeria and Commander-in-Chief of the Armed Forces of the Federal Republic of NIGERIA, Chairman of Authority of Heads of State and Government of ECOWAS

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H. E. M. Madicke NIANG Esq. H. E. Ernest Bai KOROMA Minister of State for Foreign Affairs, President of the Republic of SIERRA LEONE For and on behalf of the President of the Republic of SENEGAL

yO c [hc(/fM(c^//0^/ i H) E. Mr. Faure Essozimna GNASSINGBE // President of the TOGOLESE Republic

13 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

SUPPLEMENTARY ACT A/SA.1/01/10 ON professional life and relating to the guarantee of the PERSONAL DATA PROTECTION WITHIN ECOWAS free movement of information, it becomes a matter of urgency to fill the legal vacuum generated by the use of internet which is a new instrument of THE HIGH CONTRACTING PARTIES, communication;

MINDFUL of Articles 7, 8 and 9 of the ECOWAS CONSCIOUS of the necessity to fill this legal vacuum Treaty as revised on the establishment of the and establish a harmonised legal framework in the Authority of Heads of State and Government and process of personal data; defining its composition and functions; DESIROUS of adopting this Supplementary Act on MINDFUL of the Supplementary Protocol the protection of personal data; A/SP. 1/06/06 establishing the amendment of the revised Treaty of ECOWAS; AFTER THE OPINION of The ECOWAS Parliament dated 23 May 2009; MINDFULof Article 4 paragraph (g) of the said Treaty relating to the Member States' adherence to the ON THE RECOMMENDATION of the Sixty-third promotion and protection of human and peoples' Ordinary Session of the Council of Ministers held at rights in accordance with the provisions of the Abuja from from 20 to 21 November 2009; African Charter on Human and Peoples' Rights; HEREBY AGREE AS FOLLOWS: MINDFUL of Article 27, 32 and 33 of the said Treaty relating to Science and Technology, and on the areas CHAPTER I of Communication and Telecommunications; GENERAL PROVISIONS

MINDFULof Article 57 of the said Treaty on judicial Article 1: Definitions and legal cooperation, which prescribes that the Member States undertake to promote judicial For the purposes of this Supplementary Act: cooperation with a view to harmonizing judicial and legal systems; Authority of Protection The data protection authority shall be an independent MINDFUL of ECOWAS Supplementary Act A/SA 1/ administrative authority responsible for ensuring that 01/07 of 19 January 2007 on the harmonization of personal data is processed in compliance with the the policies and regulatory framework of the provisions of this Supplementary Act; Information and Communication Technologies sector (ICT); Code of conduct refers to the data-use charters drafted by the data controller in order to institute CONSIDERING the important progress made in the the rightful use of IT resources, the Internet, and area of Information and Communication electronic communications of the structure Technologies (ICT) as well as the Internet which concerned, and which have been approved by the increasingly raises the problem of personal data data protection Authority; protection; Consent of the data subject is any manifestation CONSCIOUS that a technology such as the Internet, of specific, unequivocal, free, informed and express with its facilities of profiling and tracing of individuals, will by which the data subject or his legal, judicial or constitutes a favourable vector for gathering and agreed representative accepts that his personal data processing personal data; be processed either manually or electronically;

CONSCIOUS also that the increasing use of The recipient of personal data processing is Information and Communication Technology (ICT) any individual to whom the data may be disclosed, may be prejudicial to the private and professional and who is not the data subject, the data controller, life of the users; the data processor, or persons who by virtue of their functions are responsible for processing such data; NOTING that, notwithstanding the existence of the national legislations relating to the protection of Personal data means any information relating to privacy of the citizens in their private and an identified individual or who may be directly or

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indirectly identifiable by reference to an identification assistance of processes that may or may not be number or one or several elements related to their automated, and applied to data, such as obtaining, physical, physiological, genetic, psychological, using, recording, organisation, preservation, cultural, social, or economic identity; adaptation, alteration, retrieval, saving, copying, consultation, utilisation, disclosure by transmission, Sensitive data means personal data relating to an dissemination or otherwise making available, individual's religious, philosophical, political, trade alignment or combination, as well as blocking, union opinions or activities, to his sexual life, racial encryption, erasure or destruction of personal data. origin or health, relating to social measures, proceedings, and criminal or administrative CHAPTER II: sanctions; LEGAL FRAMEWORK FOR PERSONAL DATA PROTECTION Health data means any information about the physical and mental health of the data subject, Article 2: Aims including the above-mentioned genetic data; Each Member State shall establish a legal framework Personal data file means any structured set of data of protection for privacy of data relating to the that is accessible according to defined criteria, collection, processing, transmission, storage, and whether the set is centralised, decentralised, or use of personal data without prejudice to the general distributed functionally or geographically; interest of the State.

Combining personal data refers to any connection Article 3: Scope mechanism that consists of linking data processed for a given purpose with other data processed for a The following shall be subject to this Supplementary purpose that may or may not be identical, or that Act: are linked by one or several data controllers; 1) Collection, processing, transmission, storage, Data subject means an individual who is the subject and use of personal data by any individual, by of personal data processing; government, local authorities, and public or private legal entities; Direct prospecting means any message sent, on 2) Any automated or un-automated processing of whatever medium and of whatever nature, in data that is contained or may be included in a particular a commercial, political or charitable file, with the exception of those processes message, aimed at promoting, directly or indirectly, mentioned underArticle 4 of this Supplementary goods, services or the image of a person selling Act; goods or providing services; 3) Any processing carried out in an UEMOA or Data controller means any public or private ECOWAS Member State; individual or legal entity, body or association who, alone or jointly with others, decides to collect and 4) Any processing of data related to public process personal data and determines the purposes security, defence, investigation and for which such data are processed; prosecution of criminal offences or State security, subject to such exemptions as are Data processor means any public or private defined by specific provisions stipulated in individual or legal entity, body or association who other legal texts in force. processes data on behalf of the data controller; Article 4: Exclusions Third party means any public or private individual or legal entity, body or association other than the This Supplementary Act shall not apply to data data subject, the data controller, the data processor processing carried out by an individual in the and any other persons placed under the direct exclusive framework of his personal or domestic authority of the data controller or the data processor, activities. who is authorised to process data;

Personal data processing refers to any operation or set of operations carried out or not, with the

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CHAPTER III 3) the expected combinations or other forms of REQUIRED FORMALITIES FOR EXECUTING linkage with other processes; PERSONAL DATA PROCESSING 4) the type of personal data processed, its origin, Article 5: Formality for declaration and the categories of data subjects covered by the processing; With the exception of the cases set out underArticles 6, 11 and 12 of this Supplementary Act, processing 5) the period of preservation of the processed of personal data shall be subject to a declaration to data; be made to the data protection Authority. 6) the office(s) responsible for executing the Article 6: Personal processing for the public processing, as well as the categories of service persons who, by virtue of their functions or for service requirements, have direct access to the Personal data processing that is carried out on behalf recorded data.; of the State, a public establishment or local authority, or a body incorporated under private law and running 7) the recipients to whom such data may be a public service, shall be decided upon by a disclosed; legislative or regulatory Act passed subsequent to the reasoned opinion of the data protection Authority. 8) the function of the person or department to whom application shall be made for right of Such processing shall concern: access;

1) National security, defence or public security; 9) the steps taken to ensure the security of the processing and of the data;

2) The prevention, investigation, detection or 10) an indication that the data is processed by a prosecution of criminal offences or the data processor; application of criminal sentences or security measures; 11) where personal data is expected to be transferred to third countries that are not 3) Population census; members of ECOWAS or UEMOA, subject to reciprocity. 4) Personal data that reveal directly or indirectly an individual's racial, ethnic or regional origins, Article 8: Deadline parentage, political, philosophical or religious opinions, membership of a trade union, or which The data protection Authority shall give its opinion relate to his health or sexual life; within a set period of time starting from the date of receipt of the request for opinion or authorisation. 5) Management of salaries, pensions, taxes, Nevertheless, this period of time may or may not be duties, and other assessments. extended, on the basis of a reasoned decision of the data protection Authority. Article 7: Formalities of requests for opinions and authorizations Article 9: Medium for the opinion or request for notification Requests for opinions, notifications, and other requests for authorisation must specify: The opinion or notification or request for authorisation may be sent to the data protection 1) the identity and address of the data controller Authority by postal or electronic medium. or, if the latter is not established on the territory of an ECOWAS or UEMOA MemberState, those Article 10: Exemption from declaration of his duly mandated representative; For the most common categories of personal data 2) the purpose(s) for which the data is intended processing that are not likely to violate privacy or to be processed, as well as general description liberties, the protection Authority may draw up and of its functions; publish standards aimed at simplifying or waivingthe notification obligation.

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Article 11: Exemption from formalities CHAPTER IV INSTITUTIONAL FRAMEWORK FOR THE The followingshall not be subjectto the preconditions PROTECTION OF PERSONAL DATA indicated in the Articles below: Article 14: Establishment 1) Processing mentioned under Article 4 of this Supplementary Act; 1) Within the ECOWAS space, each Member State shall establish its own data protection 2) Processing with the sole objective of keeping Authority. Any State that does not have shall an exclusively private register; be encouraged to establish one.

3) Data processing by an association or any non 2) The data protection Authority shall be an profit and faith-based, philosophical or trade independent administrative Authority union body, where such data correspond to the responsible for ensuring that personal data is object of the association or body, and only processed in compliance with the provisions concern their members and are not to be of this Supplementary Act. disclosed to third parties. Article 15: Composition Article 12: Types of processing to be executed after authorization Each Member State shall take necessary measures to determine the membership of the data protection The following shall be subject to authorisation from Authority. This Authority must be composed of the data protection authority: qualified persons in the field of law, information communication technology and any other field of 1) Processing of personal data relating to genetic knowledge to achieve the objectives defined inArticle data and health research; 2 of this Supplementary Act.

2) Processing of personal data relating to Article 16: Incompatibility offences, sentences, or security measures; Membership of the data protection Authority shall 3) Processing of personal data for the purpose be incompatible with membership of government, the of combining files, as defined under Article 37 exercise of business executives, and ownership of of this Supplementary Act; shares in businesses in the information or telecommunications sectors. 4) Processing relating to a national identification number or any such other identification; Article 17: Immunity

5) Processing of personal data that includes 1) Members of the data protection Authority shall biometric data; enjoy full immunity in respect of opinions expressed in the exercise of, or during the 6) Processing of personal data for reasons of tenure of their function. public interest, in particular for historical, statistical or scientific purposes. 2) They shall receive no instructions from any Authority in discharging their duties. Article 13: Referral to the protection Authority Article 18: Professional Secrecy and Rules of Application may be submitted to the data protection Procedure Authority by any individual acting on his own behalf, through his lawyer or by any other duly-authorized 1) Members of the data protection Authority shall individual or legal entity. be subject to professional secrecy, in line with texts in force in each Member State.

2) Each data protection Authority shall draft its rules of procedure, which shall stipulate in particular, the rules governing deliberations, appraisal and presentation of applications.

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Article 19: Responsibilities p) draft an activity report according to a well defined schedule, for submission to the 1) The Data Protection Authority shall ensure that President of the Republic or the Speaker ICTs do not constitute a threat to public liberties of the National Assembly, the Prime and privacy. To this end, it shall: Minister, or the Minister of Justice;

a) inform data subjects and data controllers q) In compliance with the provisions in force of their rights and obligations; in the ECOWAS Member States, sworn agents may be called upon to participate b) respond to all requests for an opinion in carrying out verification missions. relating to processing of personal data;

c) inform data subjects and data controllers 2) The data protection Authority may issue the of their rights and obligations; following notices: a) a warning to a data controller who does d) authorize the processing of files in a certain number of cases, in particular not comply with the obligations enshrined sensitive files; in this Supplementary Act; b) a formal demand to desist from the e) examine the prerequisite conditions for implementing personal data processing; violations within a time stipulated by the Authority. f) receive claims, petitions, and complaints relating to processing of personal data 3) In case of emergency, when processing and and inform plaintiffs of action taken on use of personal data leads to: such matters; . i. a violation of rights and liberties, the Data g) immediately inform the judicial authority Protection Authority, after a hearing inter of certain types of offences of which it partes, may decide: may gain knowledge; a) To suspend the processing; h) carry out verifications of any processing of personal data, using sworn officials; b) To block certain personal data processed; impose administrative and financial sanctions on data controllers; c) To temporarily or permanently prohibit any processing that is update a register of personal data contrary to the provisions of this processing and make it available to the Supplementary Act. public;

k) advise individuals and bodies who Article 20: Sanctions process personal data or who carry out trials and experiments; Where the data processor does not conform with the formal notice addressed to him, the protection authorize transborder transfers of Authority may, after procedures interpartes, take personal data; the following sanctions against him: m) make suggestions as to the simplification and improvement of the legislative and 1) provisional withdrawal of the authorization regulatory framework governing data granted; processing; 2) definitive withdrawal of the authorization; and n) set up mechanisms for cooperation with personal data protection authorities of 3) a fine. third countries; Article 21: Appeal o) participate in international negotiations concerning the protection of personal The sanctions and decisions of the Data Protection data; Authority may be subject to appeal.

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Article 22: Budget exceed the period required for the purposes for which they were obtained or processed. The data protection Authority shall receive a budget allocation from government to enable it 4) Beyond the required period, data may only be carry out its missions. kept with a view to responding specifically to processing for historical, statistical, and CHAPTER V: research purposes, in line with existing legal PRINCIPLES GUIDING THE PROCESSING OF provisions. PERSONAL DATA Article 26: Principle of accuracy Article 23: Principle of consent and legitimacy Personal data obtained shall be accurate and, where 1) Processing of personal data shall be necessary, kept up to date. All reasonable measures considered legitimate where the data subject shall be undertaken to ensure that data that is has given his consent. inaccurate and incomplete in relation tothe purposes for which it is obtained and further processed shall 2) Nonetheless, the requirement for consent may be erased or rectified. be waived when the processing is necessary: Article 27: Principle of transparency a) in order to comply with a legal obligation that is binding upon the data controller; The principle of transparency implies that the data controller is obliged to provide information about the b) forthe implementationof a publicinterest processing of personal data. mission or relevant to the exercise of public authority that is vested in the data Article 28: Principle of confidentiality and controller or the third party to whom the security data is disclosed; Personal data shall be processed confidentially and c) for the performance of a contract to which shall be protected, in particular when processing the data subject is a party or for the includes transmission of data on a network. application of pre-contractual measures adopted at his request; Article 29: Principle of choice of data processor Where processing is carried out on behalf of a data d) for safeguarding the interests or rights controller, the latter must choose a data processor and fundamental liberties of the data providing sufficient guarantees. It isthe responsibility subject. of the data controller as well as the data processor to ensure compliance with the security measures Article 24: Principle of legality and fairness defined in this Supplementary Act.

The collection, recording, processing, storage, and Article 30: Specific principles transmission of personal data must be carried out in a legal, fair, and non-fraudulent manner. Within the ECOWAS space, it is prohibited to obtain and process data that reveals the racial, ethnic or Article 25: Principle of purpose, relevance and regional origin, parentage, political opinions, preservation religious or philosophical beliefs, trade union membership, sexual life, genetic data or more 1) Personal data shall be obtained for specified, generally data on the state of health of a data explicit, and lawful purposes and shall not be subject. further processed in any manner incompatible with such purposes. Article 31: Exceptions

2) It shall be adequate and relevant in relation to The prohibition stipulated under (Article 30)shall not the purposes for which it is collected and further apply in the following instances: processed. 1) processing of personal data relateing to data 3) It shall be kept for a period which shall not manifestly made public by the data subject;

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2) the data subject has given his written consent, literary expression shall be allowed when such on whatever medium, to such processing, and processing is executed solely for the purposes of in line with texts in force; literary and artistic expression; or in the exercise of the professional activity of journalist or researcher, 3) processing of personal data is necessary to in compliance with the ethical rules of these protectthe vital interests ofthe data subject or professions. another person where the data subject is physically or legallyincapable ofgiving consent; Article 33: Application of the provisions of the law relating to the print media or the 4) processing, in particular of genetic data, is audiovisual and criminal law sector necessary for establishing, exercising or defending a legal right; The provisions of this Supplementary Act shall not preclude the enforcement oflegal provisions relating 5) where legal proceedings or a criminal to the written or audiovisual press and the criminal investigation is underway; code, which stipulate the conditions for exercising the right to response and prevent, limit, redress and, 6) processing of personal data is necessary for where necessary, punish infringements of privacy reasons of public interest, in particular for and the reputation of individuals. historical, statistical or scientific purposes; Article 34: Prohibition of direct prospecting 7) for the performance of a contractto which the data subject is a party or for the application of Within the ECOWAS space, direct prospecting by pre-contractual measures adopted at the whatever means of communication, using personal request of the data subject prior to entering data in any form of an individual who has notstated into a contract; his prior consent to receiving such prospecting shall be prohibited. 8) the processing is necessary for compliance with any legal or regulatory obligation to which Article 35: Basis of a Court decision the data controller is subject; 1) No court decision implying an assessment of 9) the processing is necessary for the the behaviour of an individual shall be based implementation of a public interest mission or on the processing by automatic means of is carried out by a public authority or is personal data for the purpose of evaluating assigned by a public authority to the data certain aspects of their personality. controller or to a third party to whom the data is disclosed; 2) No decision that has legal effect on an individual shall be based solely on processing 10) the processing is carried out in the course of by automatic means of personal data for the its legitimate activities by a foundation, an purpose of defining the profile of the subject association or any other non-profit making or evaluating certain aspects of their body that exists for political, philosophical, personality. religious, mutual benefit or trade union purposes. Nevertheless, such processing shall Article 36: Transfer of personal data to a non- relate only to members of such a body or member ECOWAS country individuals who have regular contact with it in connection with its purpose and shall not 1) Thedata controller shall transfer personal data involve disclosure of personal data to third to a non-member ECOWAS country only where parties without the consent of the persons such a country provides an adequate level of concerned. protection for privacy, freedoms and the fundamental rights of individuals in relation to Article 32: Case of personal data processing the processing or possible processing of such carried out for purposes of journalism, data. research, artistic or literary expression 2) The data controller shall inform the Data Processing of personal data that is carried out for Protection Authority prior to any transfer of the purposes of journalism, research, artistic or personal data to such a third country.

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Article 37: Networking files containing personal 2) confirmation of the fact that the personal data data ofwhich that individual is the data subject is or is not being processed; Networking of files as described under Article 12 of this Supplementary Act shall enable attainment of 3) disclosure of personal data of which that legal or statutory objectives that hold a legitimate individual is the data subject, as well as any interest for data controllers. It shall not lead to available information about the origin of such discrimination nor prejudice the rights, liberties and data; guarantees of data subjects, nor be accompanied by appropriate security measures, and must take 4) information relating to the purposes of the into account the relevance of the data being processes, the categories of personal data combined. processed and the recipients or classes of recipients to whom they are disclosed. CHAPTER VI RIGHTS OF THE INDIVIDUAL WHOSE Article 40: Right to object PERSONAL DATAARE THE SUBJECT OF PROCESSING 1) An individual is entitled, for legitimate reasons, to object to processing of personal data of Article 38: Right to information which he is the data subject.

The data controllershall provide the individual whose 2) Suchan individual is entitled, on the one hand, personal data is being processed with the following to be informed prior to personal data of which information, no later than at the time of collection of that individual is the data subject being the data and irrespective of the means and media: disclosed for the first time to a third party or used on behalf of a third party for purposes of 1) his identity and, where applicable, the identity prospecting, and on the otherhand,to be given of his representative; expresslythe right to object, free of charge, to such disclosure or use. 2) the defined purpose(s) for which the data is to be processed; Article 41: Right to rectification and destruction

3) the categories of data involved; If personal data of which an individual is the data subject are inaccurate, incomplete, questionable, 4) the recipient or recipients to whom the data is outdated or prohibited from collection, use, likely to be disclosed; disclosure or preservation, he is entitled to ask the data controller to have such data rectified, 5) the ability to request removal from the file; supplemented, updated, blocked or destroyed, as appropriate. 6) the existence of a right of access to data concerning him, and to rectification of such CHAPTER VII: data; OBLIGATIONS OFTHE PERSONAL DATA CONTROLLER 7) the period of preservation of the processed data; Article 42: Obligations of confidentiality

8) the possibility of any transfer of data to a third Processing of personal data shall be confidential. It country. shall be carried out exclusively by persons acting under the authority of the data controller and solely Article 39: Right of access upon his instructions.

Any individual whose personal data is the subject of Article 43: Obligations of Security processing may request from the data controller by way of questions: The data controller shall take all necessary precautions in relation to the nature of data, and in 1) information enabling them to be informed of particular toensure that it isnot deformed, damaged and contest such processing; or accessible to unauthorised third parties.

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Article 44: Obligations of Preservation 3) The amendments and revisions shall be adopted by the Council of Ministers and shall Personal data shall be kept for a period of time set be submitted to the Authority of Heads of State by a regulatory text and only for the purposes for and Government for approval and signature. which they were obtained. The said amendments and revisions shall come into force in conformity with the provisions of Article 45 : Obligations of Durability Article 48 of this Supplementary Act.

1) The data controller shalltake all the necessary Article 47: Publication measures to ensure that the personal data processed can be utilised, no matter the This Supplementary Act shall be published by the technical medium. Commission inthe Official Journal of the Community within thirty (30) days of signature by the Authority 2) He shall particularly ensure that technological of Heads of State and Government. It shall equally development does not constitute an obstacle be published by each Member State in its national to such utilisation. Gazette thirty (30) days after notification by the Commission. CHAPTER VIII FINAL PROVISIONS Article 48 : Entry into force

Article 46: Amendment and review This Supplementary Act shall enter into force upon publication in the Official Journal of the Community 1) Any Member State, theCouncil of Ministers and and in the Official Gazette of each Member State. the ECOWAS Commission may submit This Supplementary Act shall be annexed to the proposals for theamendment and review ofthis ECOWAS Treaty ofwhich itshallbe an integral part. Supplementary Act. Article 49: Depository authority 2) All amendment and revision proposals shall be submitted to the ECOWAS Commission for This Supplementary Act shall be deposited with the onward communication to the Member States Commission whichshall transmit certifiedtrue copies no more than thirty (30) days after reception. of this Supplementary Act to all the Member States The Council of Ministers shall examine the and shall register it with theAfrican Union, the United amendment and revision proposals on expiry Nations Organisation and all other regional- and of a period of three (3) months granted the international organizations cooperating with Member States to enter their observations. ECOWAS and such organisationsas the Council may determine by virtue ofArticles 83, 84 and 85 of the Revised ECOWAS Treaty. IN WITNESS WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES HAVE SIGNED THIS SUPPLEMENTARY ACT

DONEAT ABUJA ON 16TH DAY OF FEBRUARY 2010

IN A SINGLE ORIGINAL IN ENGLISH, FRENCH AND PORTUGUESE, THE THREE (3) TEXTS BEING EQUALLY AUTHENTIC. %lU w;a

H. E. Mr. Jean Marie EHOUZOU H/E. Mr. Blaise COMPAORE Minister of Foreign Affairs, African Integration, / / President of FASO, Francophony and Beninois in the Diaspora, /President of the Council of Ministers For and on behalf of the President X of the Republic of BENIN

22 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

/ O

H.E. Mr. Jose BRITO H. E. Mr. Youssouf BAKAYOKO Minister of Foreign Affairs, Minister of Foreign Affairs, Cooperation and Communities For and on behalf of the President For the Government of CABO VERDE of the Republic of COTE D'lVOIRE

M. H. E. Aja Dr. Isatou NJIE-SAIDY H. E. M. John ATTA-MILLS , Vice-President, For and on behalf of the resident and Commandant-in-Chief President of THE GAMBIA of the Republic of GHANA /! // j p /' H.E. Malam Bacai SANHA President of the Republic of Guinea Bissau

'fit- •£ H. E. Mrs. Ellen JOHNSON-SIRLEAF H.E. Df. Badara ALOU-MACALOU President of the Republic of LIBERIA Minister of Malians in the Diaspora and African Integration For and on behalf of the President of the Republic of MALI

H. E. Dr. Goodluck Ebele JONATHAN, GCON, Acting President, Commander-in-Chief of the Armed Forces of the Federal Republic of NIGERIA Chairman of the Authority of Heads of State and Government of ECOWAS

H. !• M.VAfe/doulaye WADE H. E. Ernest Bai KOROMA President ofThe Republic of SENEGAL President of the Republic of SIERRA LEONE

H. E. Mr. Koffi ESAW Minister of Foreign Affairs, and Regional Integration For and on behalf of the President of the TOGOLESE Republic

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SUPPLEMENTARY ACT A/SA.2/01/10 ON CONSIDERING that these impediments to the ELECTRONIC TRANSACTIONS WITHIN ECOWAS development of e-transactions are equally linked to the application of electronic techniques to trade, services and administrative acts; to the conclusive THE HIGH CONTRACTING PARTIES, elements introduced by digital techniques including (time-stamping, certification, to the rules applicable MINDFUL of Articles 7, 8 and 9 of the ECOWAS to the means and services of encryption; to the Treaty as revised on the establishment of the supervision of on-line advertisements; and to the Authority of Heads of State and Government and absence of appropriate fiscal and customs defining its composition and functions; legislations on e- transactions;

MINDFUL ofthe Supplementary Protocol A/SP.1/06/ CONVINCED that this observation justifies the 06 establishing the amendment of the said Treaty; establishment of a normative appropriate framework to deal with the legal, cultural, economic and social MINDFULof Article 27 of the said Treaty on Science environment of the West African zone; and Technology; and DESIROUS of adopting this Supplementary Act on MINDFUL of the provisions of Articles 32 and 33 of electronic transactions within ECOWAS, with a view the said Treaty in the areas of Communications and to ensuring the necessary security and legal Telecommunications; framework for the emergence of reliable electronic transaction in the sub-region; MINDFUL of Article 50 of the said Treaty relating to Trade promotion; AFTER THE OPINION of the ECOWAS Parliament dated 23 May 2009; MINDFUL of Article 57 of the ECOWAS Treaty as revised on judicial and legal cooperation which ON THE RECOMMENDATION of the Sixty-third prescribes that Member States undertaketo promote Ordinary Session of the Council of Ministers held judicial cooperation with a view to harmonising at Abuja on the 20th and 21st November 2009; judicial and legal systems; HEREBY AGREE AS FOLLOWS: MINDFUL of Supplementary ActA/SA 1/01/07 of 19 January 2007 on the harmonization of the policies CHAPTER I: and regulatory framework of the Information and GENERAL PROVISIONS Communication Technologies sector; Article One: Definitions CONSIDERING that, with the development of computer networking the number of electronic For the purposes of this Supplementary Act, the transactions is on a constant rise; that, as an expressions below shall be defined as follows: indication, electronic transactions bear on the production, promotion, sale, distribution of products, Certification: the formal recognition that the services and trade through electronic communication assessed product or system is able to protect up to including distanceinterrogation, invoice despatching; a level specified by a certified body;

CONSIDERING that the volume of electronic Encryption: any technique that consists of transactions is currently relatively low within transforming digital data into an unintelligible format ECOWAS, but its potential growth is undeniable; using cryptology methods;

CONSIDERING that the main impediments to the Electronic communication means making development of e-transactions are linked to available through a process of electronic or inadequate regulation onthe legal recognition ofdata electromagnetic means, signs, signals, written messages, recognition ofelectronic signature subject documents, images, sounds or messages of any to the regulation of the systems of payment within kind; space, the absence of specific legal rulesto protect consumers, intellectual property, personal data and Secret conventions: the unpublished keys that information systems and lack of legislation peculiar are required in order to use a cryptology means or to electronic transactions; service for encryption and decryption operations.

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Electronic mail: any message in the form of text, Article 3: Exclusions voice, sound or image, which is dispatched by a public communication network and stored on a The following areas shall beexcluded from thescope network server or inthe recipient's terminal until such of this Supplementary Act: time as the latter recovers it; 1) Legally-authorised gambling, even in the form Cryptology: the science ofprotecting and ensuring of bets and lotteries; security of information, in particular for purposes of confidentiality, authentication, integrity, and non- 2) legal representation and assistance services; repudiation; 3) activities carried out by notary publics in Electronic data interchange (EDI): the electronic application of legislations in force. transfer from computer to computer of information using an agreed standard to structure the CHAPTER II: information; ELECTRONIC COMMERCE

Print: List of letters of characters, figures or other Article 4: Access to information signs or symbols that have intelligible meaning irrespective of the medium and modality of Without prejudice to the other obligations regarding transmission disclosure provided for under existing legislative and regulatory texts in force in the ECOWAS member Information: anyelement ofknowledge that is likely countries, any natural person or legal entity carrying to be represented by conventions to be used, out an activity within the scope of applications of this preserved, processed or disclosed. Information may Supplementary Act shall provide all those to whom be expressed in written, visual, sound, digital or supply ofgoods andservices isaddressed with easy, other forms; direct, and permanent access using an open standard to the following information; Data message: information generated, sent, received or stored by electronic, optical or similar 1) firstname and surname, inthe case of a natural means including, but not limited to, electronic data person, and the corporate name, in the case interchange(EDI), electronic mail, telegram, telex or of a legal entity; telecopy; 2) The full geographical address where the natural Direct prospecting: any message aimed at person/legal entity is established, the e-mail promoting, directly or indirectly, goods, services or address, as well as the telephone number of the image of a person selling goods or providing the business; services. 3) If the natural person/legal entity is subject to ElectronicSignature: Any data emanating from the formalities for registering businesses or a use of a reliable data procedure or identification national registry ofbusinesses and association, procedure which guarantees its link with the act that such registration number, itscorporate capital, it is attached to. and the address of its/his corporate headquarters; Document: A document is the result of a series of letters, characters, figures or any other signs and 4) Whether natural person/legal entity is subject symbols that hold intelligible significance, whatever to value added tax, the corresponding tax identification number; their medium or modes of transmission

Article 2: Scope 5) Where the activity is subject to a system of authorisation, the name and address of the body that issued the authorisation; This Supplementary Act aims at establishing a harmonized framework forthe regulation ofelectronic 6) Where the natural person/legal entity is a transactions within the ECOWAS zone. Its shall apply member of a regulated profession, reference notably to all transactions whatever their nature and to the applicable professional rules, the which take the form of electronic messages. professional title, the ECOWAS member country where such title was issued, as well as

25 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

the name of the professional order or body with clearly be identifiable as such. It shallclearly identify which the natural person/legal entity is the individual or legal entity on whose behalf the registered. advertising is being conducted.

Article 5: Indication of price Article 9: Identification of price

Any natural person or legal entity carrying out the Advertisements and in particular promotional offers activity defined within the scope of applications of such as discounts, premiums or gifts, as well as this Supplementary Act shall, even in the absence promotional contests or games that are dispatched of a contract, as long as they make reference to a byelectronic mail mustbe clearly and unequivocally price, indicatesuch price ina clear and unambiguous identifiable in the subject of the mail immediately manner, and in particular where taxes and cost of upon reception by the addressee, or if this is delivery are included. technically impossible, in the body of the message.

Article 6: Contractual liabilities of the Article 10: Identification and accessibility of electronic supplier of goods and services the offer 1) Any natural person or legal entity that carries Where promotional offers, contests and games are out the activity described under the first offered by electronic means, the conditions for paragraph of within the scope of applications of this Supplementary Act shall be liable by enjoying such offers, as well as those for participating rights vis-a-vis the contracting party for the in such contests or games shall be clearly indicated proper fulfilment of the obligations arising from and easily accessible. the contract, whether he is responsible for fulfilling such obligations himself or through a Article 11: Prohibition of direct prospecting service provider, without prejudice to his right to seek redress from the latter. Within the ECOWAS space, it is prohibited to carry out direct prospecting by sending out a message by 2) Nevertheless, all or part of this liability may be means of a call processor, fax machine or electronic waived if the natural person or legal entity is mail, or any other electronic communication means able to provide evidence that the non fulfilment using the contact information, in whatever form, of or poor fulfilment of the contract is attributable an individual who has not given his prior consent to either to the contracting party or to a situation receive direct prospecting by such means. beyond its control. Article 12: Exceptions Article 7: Applicable law Notwithstanding the provisions of the preceding 1) The activities defined within the scope of Article, direct prospecting is authorised where: applications of this Supplementary Act shall be subject to the law of member countries of the 1) the recipient's contactinformation was obtained ECOWAS region on whose territory the person directly from him; carrying out the activity is established. 2) the direct prospecting relates to comparable 2) This provision is without prejudice to the products and services provided by the same freedom of the parties in choosing the laws that individual or legal entity. shall apply in their transactions. However, in case the parties fail to choose, the law to be Article 13: Obligation to indicate contacts applied shall be the law of current residence of the consumer when it is not against his Within the ECOWAS space, messages sent by interest. electronic means for purposes of direct prospecting shall contain the valid contact information by which CHAPTER III: the recipient may effectively request for such ELECTRONIC ADVERTISING communications to cease, with no additional cost other than those linked to the transmission of such Article 8: Identification of the advertisement a request. Any advertisinginwhatever form, which isaccessible through an online communication service, shall

26 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

Article 14: Prohibition of identity dissimulation 5) the means of consulting, by electronic means, the professional and commercial rules to which Within the ECOWAS space, it is also prohibited to the initiator of the offer intends to subject dissimulate the identity of the individual on behalf of himself, where applicable. whom the communication is being sent out and to indicate a subject that is not related to the proposed Article 19: Condition of contract validity delivery or service. through electronic means

CHAPTER IV: For thecontract to be validly concluded, the recipient ELECTRONIC CONTRACT CONCLUSION oftheoffer shall havethe right ofreviewing the details of his order, and in particular the price, before Article 15: Electronic contract negotiation confirming the order, thus notifying his acceptance. Electronic means may be used to disclose the Article 20: Acknowledgement of receipt contract conditions or information relating to goods and services. 1) The initiator of the offer should acknowledge receipt of the order thus sent without any Article 16: Transmission of contract information unjustified delay, and by electronic means. by electronic means 2) The order, confirmation of acceptance of the Information requested with a view to entering into a offer, and the acknowledgment of receipt shall contract or information that is sent in the course of be considered as having been received when performance of the contract may be transmitted by the parties to whom they are addressed are electronic means where the recipient has accepted able to have access to them. the use of such means. Article 21: Exemptions Article 17: Transmission of information to a Exemptions maybe made tothe provisions ofArticles professional 19and 20 ofthis Supplementary Act for agreements Information meant for a professional in an electronic concluded between professionals. transaction may be sent to him by electronic mail if he has communicated his professional electronic Article 22: Freedom of choice of electronic means address. In the absence of any legal provisions tothecontrary, Article 18: Provision of contract conditions by no individual shall be compelled to commit himself supplier legally through electronic means. Asupplier who offers in a professional capacity, by Article 23: electronicmeans, to supply goods and services shall Electronic preservation of documents provide the applicable contract conditions in a manner that makes it possible to record and Where a document is required to be legally binding, reproduce them. The offer shall include: it may be drafted and preserved in electronic form in conditions that it can be properly identified and 1) the various steps to be followed to execute the the integrity of the originator is guaranteed. contract by electronic means; Article 24: Exceptions 2) the technical means by which the user, prior to concluding the contract, may identify errors Exception shall be made to the provisions ofArticle made in entering data and correct such errors; 23 of this Supplementary Act for the following: 3) the languages proposed for concluding the 1) Private agreements relating to family law and contract; inheritance; 2) Private agreements relating topersonal orreal, 4) where a record ofthe contract is retained, the civil or commercial securities, except where modalities of such recording by the initiator of these are entered into by an individual for the the offer, and the conditions of access to the requirements of his profession recorded contract;

27 Vol. 56 October 2009 / February 2010 ECOWAS Official Journal

Article 25: Registered letter sent by electronic himself, should prove '.hat the obligation is non means existent or inoperative.

A registered letter may by sent by electronic means Article 32: Determination of proof on condition that the mail be forwarded by a third party according toa procedure thatmakes it possible Where the legal provisions of Member States have to identify such third party, designate the sender, notset other principles, and in the absence of valid guarantee the identity of the addressee, and agreements between theparties, themagistrate shall establish if the letter was submitted or not to the settle conflicts of documentary proof by determining addressee. by all means which title ismost plausible, irrespective of the medium. Article 26: Submission of a document Article 33: Evidential weight of documents Submission of a document in electronic form shall established by electronic means be considered effective when the addressee, after having read it, acknowledges receipt of the 1) Acopy oranyotherreproduction ofdocuments document. established byelectronic means shall have the same evidentiary weightas the document itself Article 27: Respect of particular conditions of when it is certified as accurate by bodies a document through electronic means approved by a government authority. Where a hard copy is subject to particular conditions 2) Where applicable, such certification shall lead of legibility and presentation, the electronic to the issuance of a certificate of compliance. document shall also comply withsimilar requirements.

Article 28: Requirement for the despatch of CHAPTER V: several copies SECURITY OF ELECTRONIC TRANSACTIONS The requirement to send several copies of a document shall be deemed to have been met in the Article 34: Electronic signature electronic form if the document can be printed by 1) Electronic signature consists of the use of a the addressee. reliable identification process guaranteeing its link with the document to which it is attached. It Article 29: Electronic document accepted for shall be accepted in electronic transactions. invoicing An electronic document shall be accepted for 2) The process shall be presumed reliable when invoicing in the same manner as a hard copy, as the electronic signature is created, until long as the authenticity of the origin of data evidence is shown to the contrary. contained therein and the integrity of their content Article 35: Conditions of acceptance of can be guaranteed. electronic signature Article 30: Electronic document accepted as An electronic signature created by a secure proof arrangement that the signatory can maintain under An electronic document shall be accepted as proof his exclusive control, which is based on a digital in like manner as a hard copy and shall have the certificate, shall be accepted as a signature in like same evidential weight as the latter, subject to the manner as a handwritten signature. possibility of duly identifying the person from whom itemanates, and to the document being drafted and recorded in conditions that guarantee its integrity. CHAPTER VI: OTHER PROVISIONS Article 31: Proof of existence of an obligation Article 36: Other Specific texts Any individual who supplies goods and services by Activities relating to recording, archiving, electronic means and who seeks to demand the fulfilment ofan obligation should provethe existence authentication and certification are governed by ofsuch obligation, and where he seeks to exonerate appropriate specific texts.

28 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

Article 37: Sanctions Article 39: Publication The Member State shall define the appropriate sanction relative to violation of Article 11,13 and 14 This Supplementary Act shall be published by the of this Supplementary Act. Commission in the Community Official Journal within thirty (30) days of the date of signature by the Authority of Heads of State and Government. It shall CHAPTER VII: equally be published by each Member State in its FINAL PROVISIONS national Gazette thirty (30) days after notification by the Commission. Article 38: Amendment and review Article 40: Entry into force 1) Any Member State, the Council of Ministers and the ECOWAS Commission may submit This Supplementary Act shall enter into force once proposals for the amendment and review of this it is published in the Community's Official Journal Supplementary Act. and in the Official Gazette of each Member State. This Supplementary Act shall be annexed to the 2) All amendment and revision proposals shall be ECOWAS Treaty of which itshall be an integral part. submitted to the ECOWAS Commission for onward communication to the Member States Article 41: Depository authority not more than thirty (30) days after reception. The Council of Ministers shall examine the This Supplementary Act shall be deposited with the amendment and revision proposals on expiry Commission which shall transmitcertified true copies of a period of three (3) months granted the of this Supplementary Act to all the Member States Member States to enter their observations. and shall register itwith the African Union, the United Nations Organisation and all other regional and 3) The amendment and revision shall be adopted international organizations cooperating with by the Council of Ministers and submitted to ECOWAS and such organisations as the Council may the Authority of Heads of State and Government determine by virtue of Articles 83, 84 and 85 of the for approval and signature. The amendments Revised ECOWAS Treaty. and revisions shall enter into force, in conformity with the provisions of Article 40 of this Supplementary Act.

IN WITNESS WHEREOF WE, THE HEADS OF STATE AND GOVERNMENTOF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES HAVE SIGNED THIS SUPPLEMENTARY ACT

DONE AT ABUJA, THIS 16TH DAY OF FEBRUARY 2010

IN ASINGLE ORIGINAL IN ENGLISH, FRENCH AND PORTUGUESE, THE THREE (3) TEXTS BEING EQUALLY AUTHENTIC

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H. E. Mr. Jean Marie EHOUZOU; H. E. Mr. Blaise COMPAORE Minister of Foreign Affairs, African Integ/ration, ,- V President of FASO, Francophony and Beninois in the Diaspora, President of the Council of Ministers For and on behalf of the President of the Republic of BENIN

29 October 2009 / February 2010 ECOWAS Official Journal Vol.56

/?[a^f^r- \

H.E. Mr. Jose BRITO H. E. Mr. Youssouf BAKAYOKO Minister of Foreign Affairs, Minister of Foreign Affairs, Cooperation and Communities For and on behalf of the President For the Government of CABO VERDE of the Republic of COTE D'lVOIRE

Ml. •xj5 l-^b H. E. Aja Dr. Isatou NJIE-SAIDY / I H. E. M. John ATTA-MILLS Vice-President, For and on behalf of the C/President and Commandant-in-Chief President of THE GAMBIA of the Republic of GHANA n

ivL4,f/_ > H.E^ Malam Bacai SANHA President of the Republic of Guinea Bissau

H. E. Mrs. Ellen JOHNSON-SIRLEAF H.E. Dr. tfadara ALOU-MACALOU President of the Republic of LIBERIA Minister of Malians in the Diaspora and African Integration For and on behalf of the President of the Republic of MALI

H. E. Dr. Goodluck Ebele JONATHAN, GCON, Acting President, Commander-in-Chief of the Armed Forces of the Federal Republic of NIGERIA Chairman of the Authority of Heads of State and Government of ECOWAS

H. E. M^Atdoulaye WADE H. E. Ernest Bai KOROMA President of the Republic of SENEGAL President of the Republic of SIERRA LEONE

H. E. Mr. Koffi ESAW Minister of Foreign Affairs, and Regional Integration For and on behalf of the President of the TOGOLESE Republic

30 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

SUPPLEMENTARY ACT A/SA.3/01/10 AMENDING ARTICLE 1: AMENDMENTOF NEW ARTICLE 9 OF NEW ARTICLE 9 OF THE ECOWAS TREATY AS THE TREATY AMENDED BY SUPPLEMENTARY PROTOCOL A/ SP1/06/06 The provisions of new Article 9 of the Treaty as amended by Supplementary Protocol A/SP1/06/06 are hereby abrogated and replaced by new THE HIGH CONTRACTING PARTIES, provisions as follows:

MINDFUL of Articles 7, 8 and 9 of the Treaty of the New Article 9: Economic Community of West African States (ECOWAS) as amended, establishing the Authority Legal Regime of Acts of the Community of Heads of State and Government and defining its composition and functions; 1. The Acts of the Community shall comprise Supplementary Acts, Regulations, Directives, MINDFUL of Supplementary Protocol A/SP1/06/06 Decisions, Declarations, Enabling Rules amending the Revised Treaty, and in particular the Recommendations and Opinions ; new Article 9 of the Treaty as amended by Article 2 of the said Supplementary Protocol; 2. For the purposes of their respective missions:

CONSIDERING that, in accordance with new Article (a) the Authority shall adopt Supplementary 9 of the Treaty, the Authority shall enact Acts, issue Directives make Decisions, Supplementary Acts to complement the Treaty and Declarations and formulate the said Acts shall be annexed thereto; Recommendations;

ALSO CONSIDERING that the legal regime of Acts (b) the Councilshall enact Regulations, issue of the Community thus instituted does not still allow Directives, adopt Decisions or formulate the Authority to enact Acts that are truly appropriate, Recommendations and Opinions; given its diverse areas of competence; (c) the Commission shall adopt "Enabling NOTING that the Supplementary Acts that Rules" for execution of Acts of the complement the Treaty and are thereto annexed, Authority and the Council and make cannot be used to address issues falling under the Recommendations and render Opinions. purview of the Authority of Heads of State and Government, such as appointments to certain posts, 3. SupplementaryActsare Actswhich complement oversight of the functioning of the Institutions of the the Treaty and are annexed thereto. It is Community, monitoring of accomplishment of its incumbent on Member States and the objectives and requests to third States, partners and Institutions of the Community to abide by the the international community; Supplementary Acts, subject to the provisions of Article 15 of the Treaty. AWARE of the need to endow the Authority of Heads of State and Government with genuinely appropriate 4. Regulations are Acts with general application legal Acts that take cognizance of the diverse areas enacted by the Council of Ministers. The that fall under its purview; provisions of Regulations shall be binding in their entirety and shall be directly applicable in DESIROUS of improving the legal regime of Acts of Member States. They shall have binding force the Community currently in force; on the Institutions of the Community.

ON THE RECOMMENDATION of the meeting of 5. Directives are Acts through whichthe Authority Ministers of Justice of Member States held from.5th or the Council set for Member States the to 7th October 2009; objectives to be attained, leaving to each and every one of them the liberty to decide on the ON THE RECOMMENDATION of the Sixty-third ways and means to attain the said objectives. Ordinary Session of the Council of Ministers held in Directives are binding on Member States. Abuja from 20 to 21st November 2009; 6. Decisions are Acts that have individual effect HEREBY AGREE AS FOLLOWS: and are directed to those for whom they are

31 Vol. 56 October 2009 / February 2010 ECOWAS Official Journal

meant under the said Acts. Decisions may 2. Proposals not emanating from the ECOWAS also be taken within the framework of Commission shall be submitted to it. The monitoring the functioning of the Community Commission shall transmit all the proposals to Institutions or the realisation of the ECOWAS Member States not later than thirty (30) days objectives. Decisions are also binding. after receipt thereof. The Authority shall examine the proposals for amendment or 7. Enabling Rules shall have the same legal force review upon the expiry of the three (3) months as the Acts of Council, implementation of which time limit accorded to Member States. the said Rules were enacted. 3. Amendments or reviews shall be adopted by 8. Declarations are Acts by which the Authority the Authority in accordance with the provisions demonstrates its commitment or takes a of Article 9 of the ECOWAS Treaty. They shall position on a specificsubject. Declarations may enter into force upon publication in the Official be followed by actions to be mandatorily Journal of the Community. undertaken by Member States. ARTICLE 4: PUBLICATION 9. Recommendations are Acts through which proposals are made to the recipients to adopt This Supplementary Act shall be published in the a particular position or to take an action. Official Journal of the Community by the Commission within thirty (30) days of its signature by the Heads 10. Opinions are Acts through which opinions or of State and Government. It shall also be published views are expressed on any subject. within the same time frame in the Official Gazette of each Member State after notification by the 11. Opinions and Recommendations are not Commission. binding. ARTICLES: ENTRY INTO FORCE 12. Except otherwise indicated in the Treaty and its subsequent Acts, Acts of the Community 1. This Supplementary Act shall enter into force shall be adopted by unanimous decision, by upon its publication. Member States therefore consensus or by two-third majority. undertake to commence implementing its provisions upon its entry into force. ARTICLE 2: SAVING CLAUSE 2. This Supplementary Act shall be annexed to Notwithstanding the provisions of the present the ECOWAS Treaty of which it constitutes an Supplementary Act, all previous Acts adopted by the integral part. Authority shall remain valid and applicable in their entirety. ARTICLE 6: DEPOSITARY AUTHORITY

This Supplementary Act shall be deposited at the ARTICLE 3: AMENDMENT AND REVIEW Commission which shall transmit certified copies thereof to all Member States and register same with 1. AnyMember State, the Councilof Ministersand the African Union, the United Nations and such other the ECOWAS Commission may submit organizations as may be decided by Council. proposals for amendment or review of the present Supplementary Act.

IN FAITH WHEREOF, WE, THE HEADS OFSTATE ANDGOVERNMENT OFTHE ECONOMIC COMMUNITY OFWEST AFRICANSTATES (ECOWAS) HAVE SIGNED THIS SUPPLEMENTARY ACT

DONE AT ABUJA, THIS 16TH DAY OF FEBRUARY 2010

IN SINGLE ORIGINAL, IN THE ENGLISH, FRENCH ANDPORTUGUESE LANGUAGES,ALLTHREE TEXTS BEING EQUALLY AUTHENTIC

32 October 2009 / February 2010 ECOWAS Official Journal Vol.56 Wf\

H. E. Mr. Jean Marie EHOUZOU. H. E. Mr. Blaise COMPAORE Minister of Foreign Affairs, African Integration, .President of FASO, Francophony and Beninois in the Diaspora, President of the Council of Ministers For and on behalf of the President of the Republic of BENIN / O r /

/.-.,•/•- ) (..'•"-'

H.E. Mr. Jose BRITO H. E. Mr. Youssouf BAKAYOKO Minister of Foreign Affairs, Minister of Foreign Affairs, Cooperation and Communities For and on behalf of the President For the Government of CABO VERDE of the Republic of COTE DMVOIRE

&• H. E. Aja Dr. Isatou NJIE-SAIDY LJ H. E. M. John ATTA-MILLS Vice-President, For and on behalf of the ^-President and Commandant-in-Chief President of THE GAMBIA of the Republic of GHANA

U i

H.E.Malam Bacai SANHA President of the Republic of Guinea Bissau

i H. E. Mrs. Ellen JOHNSON-SIRLEAF H.E. Dr. Badara ALOU-MACALOU President of the Republic of LIBERIA Minister of Malians in the Diaspora and African Integration For and on behalf of the President of the Republic of MALI

H. E. Dr. Goodluck Ebele JONATHAN, GCON, Acting President, Commander-in-Chief of the Armed Forces of the Federal Republic of NIGERIA Chairman of the Authority of Heads of State and Government of ECOWAS

33 Vol. 56 October 2009 / February 2010 ECOWAS Official Journal

H. EJVLAbdoulaye WADE H. Earnest Bai KOROMA President of the Republic of SENEGAL President of the Republic of SIERRA LEONE

H. E. Mr. Koffi ESAW Minister of Foreign Affairs, and Regional Integration For and on behalf of the President of the TOGOLESE Republic

34 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

DECISION A/DEC.1/02/10 ON THE APPOINTMENT RECALLING thatthis Article specifically provides that OF AMBASSADOR JAMES VICTOR GBEHO AS such vacancy shall befilled by a citizen of the country THE PRESIDENT OF THE ECOWAS COMMISSION of the outgoing Commissioner and that the tenure IN CONTINUATION OF THE MANDATE OF THE of the newly appointed Commissioner covers the REPUBLIC OF GHANA outstanding duration of the term of office of the outgoing Commissioner;

THE AUTHORITY OF HEADS OF STATE AND DESIROUS therefore of appointing a citizen of the GOVERNMENT, Republic of Ghana to occupy the position of President of the ECOWAS Commission; MINDFUL of Articles 7, 8 and 9 of the ECOWAS Treaty as amended establishing the Authority of DECIDES: Heads of State and Government and defining its composition and functions; Article 1:

MINDFUL of Decision A/DEC.16/01/06 on the The continuation of the mandate given to the transformation of the Executive Secretariat into a Republic of Ghana to fill the position of President of Commission; the ECOWAS Commission is hereby re-affirmed.

MINDFUL of Regulation C/REG.1/06/06 approving Article 2: the organisational structure of the ECOWAS Commission and creating the positions of nine 1. Ambassador James Victor Gbeho is therefore Commissioners including the President, Vice appointed to the post of the President of the President and seven (7) other Commissioners within ECOWAS Commission. this structure; 2. The tenure of office of the new President shall MINDFUL of Decision A/DEC.4/06/06 relating to the cover the outstanding duration of the term of allocation of the position of the President of the office of the outgoing President of the ECOWAS Commission to the Republic of Ghana and ECOWAS Commission and commences on by which Dr Mohamed Ibn Chambas was nominated assumption of duty. to occupy this position with a mandate of four (4) years which commenced on 1st January 2007; Article 3:

CONSCIOUS of the election of Dr. Mohamed Ibn This Decision shall be published by the President of Chambas to the position of the Secretary General the Commission in the Official Journal of the of the ACP Group and his impending departure to Community within thirty (30) days of its signature by Brussels to take up his new assignment; the Chairman of the Authority of Heads of State and Government. It shall also be published by each CONSIDERING that the break in service of Dr Member State in its National Gazette within the same Chambas before the end of his mandate as time frame. President of the ECOWAS Commission makes his replacement and immediate appointment of a new DONE IN ABUJA, President of the Commission imperative in THIS 16TH DAY OF FEBRUARY 2010 accordance with Community policy on the allocation of very important positions in the Community Institutions to Member States;

MINDFUL of New Article 18 paragraph 3 (d) of the Supplementary Protocol A/SP1/06/06 amending the Revised ECOWAS, Treaty which provides the H. E. DR. GOODLUCK EBELE JONATHAN, procedure for the replacement of a Commissioner GCON, within the ECOWAS Commission in the event of CHAIRMAN, interruption of the mandate of that Commissioner FOR THE AUTHORITY resulting in the creation of a vacancy;

35 Vol. 56 October 2009 / February 2010 ECOWAS Official Journal

DECISION A/DEC.2/02/10 ON THE ELECTION OF DONE IN ABUJA, THE FEDERAL REPUBLIC OF NIGERIA AS CHAIR THIS 16TH DAY OF FEBRUARY 2010 OF THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT

THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT, H. E. DR. GOODLUCK EBELE JONATHAN, MINDFUL of Articles 7, 8 and 9 of the ECOWAS GCON, Treaty ontheestablishment oftheAuthority ofHeads CHAIRMAN, of State and defining its composition and functions; FOR THE AUTHORITY

MINDFUL of Article 8 of the said Treaty which provides for the election of the Chairman of the Authority and sets the term of office;

MINDFUL of Article 11 of the Treaty which provides for the office of Chairman of Council to be held by the Minister responsible for ECOWAS Affairs of the Member State elected as Chairman of the Authority;

MINDFULof Decision A/DEC. 12/08/97 relating to the frequency and location of Summit meetings;

MINDFUL of Decision A/DEC.27/01/06 on the organisationofthe office ofthe ECOWAS Chairman;

CONSIDERING that the Federal Republic of Nigeria has held the office of Chairman of the Authority since its election by the 37th Session of the Authority held in Abuja on 16th February 2010 and that this tenure is coming to an end;

DESIROUS of electing the Member State whichshall hold the office of the Chairman of the Authority,

DECIDES:

Article 1:

The Federal Republic of Nigeria is elected as Chairman of the Authority of the Heads of State and Government,

Article 2:

This Decision shall be published by the President of the Commission in the Official Journal of the Community within thirty (30) days of its signature by the Chairman of the Authority of Heads of State and Government. It shall also be published by each Member State in its National Gazette within the same time frame.

36 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

RESOLUTION A/RES.1/02/10 ON DONE IN ABUJA, CONGRATULATING AND THANKING DR. THIS 16TH DAY OF FEBRUARY 2010 MOHAMED IBN CHAMBAS, OUTGOING PRESIDENT OF THE ECOWAS COMMISSION

THE AUTHORITY OF HEADS OF STATE AND GOVERNMENT, H. E. DR. GOODLUCK EBELE JONATHAN, MINDFUL of Articles 7, 8 and 9 of the ECOWAS GCON, Treaty as amended establishing the Authority of CHAIRMAN, Heads of State and Government and defining its FORTHEAUTHORITY composition and functions;

MINDFUL of Decision A/DEC.24/12/01 attributing the position of ECOWAS Executive Secretary to the Republic of Ghana and appointing Dr. Mohamed Ibn Chambas Executive Secretary of the Economic Community of West African States;

MINDFUL of Decision A/DEC.4/6/06 attributing the position of President of the ECOWAS Commission to the Republic of Ghana;

EXPRESSING SATISFACTION on the appointment of Dr. Mohamed Ibn Chambas, President of the ECOWAS Commission, to the position of Secretary General of the ACP Group;

CONSIDERING that this appointment entails the departure of Dr. Mohamed Ibn Chambas, President of the ECOWAS Commission, before the end of his term;

NOTING that Dr. Mohamed Ibn Chambas has demonstrated competence and dedication duringthe execution of his functions;

CONGRATULATE sincerely Dr. Mohamed Ibn Chambas for his untiring contribution to the implementation ofECOWAS integration projects and for the excellent achievements realised during his term;

COMMEND equally his dynamic leadership, which indisputably contributed to the revitalization of the Community and to putting ECOWAS at the forefront of the International scene;

EXPRESS itsgratitudeto Dr. Mohamed Ibn Chambas, and wish him success in his new position of Secretary General of the ACP Group.

37 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

REGULATION C/REG.1/11/09 APPROVING THE REGULATION C/REa2/11/09 APPROVING THE WORK PROGRAMME OF THE ECOWAS WORK PROGRAMME OF THE ECOWAS COMMISSION, FOR THE 2010 FINANCIAL YEAR PARLIAMENT FOR THE 2010 FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS,

MINDFUL of Articles 10, 11 and 12 of the ECOWAS MINDFUL of Articles 10,11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Treaty as amended, establishing the Council of Ministers and defining its composition and functions; Ministers and defining its composition and functions;

HAVING CONSIDERED the WorkProgramme ofthe HAVING CONSIDERED the Work Programme of the ECOWAS Commission, for the 2010 Financial Year ECOWAS Parliament for the 2010 Financial Year recommended by the sixth meeting of the recommended by the sixth meeting of the Administration and FinanceCommittee heldinAbuja, Administration and Finance Committee held inAbuja, from 26th to 31st October 2009. from 26th to 31st October 2009;

ENACTS: ENACTS:

ARTICLE 1: ARTICLE 1:

The Work Programme attached hereto, is hereby The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS approved and shall be executed by the ECOWAS Commission, during the 2010 Financial Year. Parliament during the 2010 Financial Year.

ARTICLE 2: ARTICLE 2:

This Regulation shall be publishedby the ECOWAS This Regulation shall be published by the ECOWAS Commission in the Official Journal ofthe Community Commission in the Official Journal ofthe Community within thirty (30) days upon signature bythe Chairman within thirty (30)days upon signature bythe Chairman ofthe Council of Ministers. It shall also be published ofthe Council of Ministers. Itshall also be published by each Member State in its National Gazette thirty by each Member State in its National Gazette thirty (30) days after notification by the Commission. (30) days after notification by the Commission.

DONEATABUJA, DONEATABUJA, THIS 21 ST DAY OF NOVEMBER 2009 THIS 21 ST DAY OF NOVEMBER 2009

tz> »—.-<• -e 1Z> K~** -e Chief Ojo MADUEKWE (CFR) r. Chief Ojo MADUEKWE (CFR) CHAIRMAN CHAIRMAN FOR COUNCIL FOR COUNCIL

38 October 2009 / February 2010 ECOWAS Official Journal Vol.56

REGULATION C/REG.3/11/09 APPROVING THE REGULATION C/REG. 4/11/09 APPROVING THE WORK PROGRAMME OF THE COMMUNITY WORK PROGRAMME OF THE WEST AFRICAN COURT OF JUSTICE FOR THE 2010 FINANCIAL HEALTH ORGANISATION FOR THE 2010 YEAR FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS,

MINDFUL of Articles 10,11 and 12 of the ECOWAS MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Treaty as amended, establishing the Council of Ministers and defining its composition and functions; Ministers and defining its composition and functions;

HAVING CONSIDERED the Work Programme of the HAVING CONSIDERED the Work Programme of the Community Court of Justice for the 2010 Financial West African Health Organisation for the 2010 Year recommended by the sixth meeting of the Financial Year recommended by the sixth meeting Administration and Finance Committee held inAbuja, of the Administration and Finance Committee held from 26th to 31st October 2009. in Abuja, from 26th to 31st October 2009;

ENACTS: ENACTS:

ARTICLE 1: ARTICLE 1:

The Work Programme attached hereto, is hereby The Work Programme attached hereto, is hereby approved and shall be executed by the Community approved and shall be executed by the West African Court of Justice during the 2010 Financial Year. Health Organisation during the 2010 Financial Year.

ARTICLE 2: ARTICLE 2:

This Regulation shall be published by the ECOWAS This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community Commission in the Official Journal of the Community within thirty(30) days upon signature by the Chairman withinthirty (30) days upon signature by the Chairman of the Council of Ministers. It shall also be published of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty by each Member State in its National Gazette thirty (30) days after notification by the Commission. (30) days after notification by the Commission.

DONE ATABUJA, DONE ATABUJA, THIS 21 ST DAY OF NOVEMBER 2009 THIS 21 ST DAY OF NOVEMBER 2009

-e tz> tz> *—--*• -e .E. Chief Ojo MADUEKWE (CFR) . Chief Ojo MADUEKWE (CFR) CHAIRMAN, CHAIRMAN, FOR COUNCIL. FOR COUNCIL.

39 October 2009 / February 2010 ECOWAS Official Journal Vol.56

REGULATION C/REa5/11/09 APPROVING THE REGULATION C/REG.6/11/09 APPROVING THE WORK PROGRAMME OF THE WORK PROGRAMME OFTHE ECOWAS GENDER INTERGOVERNMENTAL ACTION GROUP DEVELOPMENT CENTRE FOR THE 2010 AGAINST MONEY LAUNDERING IN WEST AFRICA FINANCIAL YEAR (GIABA) FOR THE 2010 FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS, MINDFUL of Articles 10,11 and 12 of the ECOWAS MINDFUL of Articles 10,11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Treaty as amended, establishing the Council of Ministers and defining its composition and functions; Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the HAVING CONSIDERED the Work Programme of the ECOWAS Gender Development Centre for the 2010 Intergovernmental Action Group against Money Financial Year recommended by the sixth meeting Laundering in West Africa (GIABA) for the 2010 of the Administration and Finance Committee held Financial Year recommended by the sixth meeting in Abuja, from 26th to 31st October 2009; of the Administration and Finance Committee held in Abuja, from 26th to 31st October 2009; ENACTS: ARTICLE 1: ENACTS: ARTICLE 1: The Work Programme attached hereto, is hereby approved and shall be executed by the ECOWAS The Work Programme attached hereto, is hereby Gender Development Centre during the 2010 approved and shall be executed by the Financial Year. Intergovernmental Action Group against Money Laundering in West Africa (GIABA) during the 2010 ARTICLE 2: Financial Year. This Regulation shall be published by the ECOWAS ARTICLE 2: Commission in the Official Journal of the Community withinthirty (30) days upon signature by the Chairman This Regulation shall be published by the ECOWAS of the Council of Ministers. It shall also be published Commission inthe Official Journal ofthe Community by each Member State in its National Gazette thirty withinthirty (30) days upon signature by the Chairman (30) days after notification by the Commission. of the Council of Ministers. Itshall also be published by each Member State in its National Gazette thirty DONE ATABUJA, (30) days after notification by the Commission. THIS 21 ST DAY OF NOVEMBER 2009

DONE ATABUJA, THIS 21ST DAY OF NOVEMBER 2009

^Z> \~** -e-

H.E. Chief Ojo MADUEKWE (CFR) tz> -e CHAIRMAN, FOR COUNCIL. E. Chief Ojo MADUEKWE (CFR) CHAIRMAN, FOR COUNCIL.

40 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

REGULATION C/REG.7/11/09 APPROVING THE REGULATION C/REG.8/11/09 APPROVING THE WORK PROGRAMME OF THE WATER WORK PROGRAMME OF THE ECOWAS OFFICE RESOURCES INTEGRATED MANAGEMENT IN BRUSSELS CENTRE FOR THE 2010 FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS, MINDFUL of Articles 10, 11 and 12 of the ECOWAS MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Treaty as amended, establishing the Council of Ministers and defining its composition and functions; Ministers and defining its composition and functions; HAVING CONSIDERED the Work Programme of the HAVING CONSIDERED the Work Programme of the ECOWAS Office in Brussels for the 2010 Financial Water Resources Coordination Centre for the 2010 Year recommended by the sixth meeting of the Financial Year recommended by the sixth meeting Administration and Finance Committee held inAbuja, of the Administration and Finance Committee held from 26th to 31st October 2009; in Abuja, from 26th to 31st October 2009; ENACTS: ENACTS: ARTICLE 1: ARTICLE 1:

The Work Programme attached hereto, is hereby The Work Programme attached hereto, is hereby approved and shall be executed by the Water approved and shall be executed by the ECOWAS Resources Integrated Management Centre during Office in Brussels during the 2010 Financial Year. the 2010 Financial Year. ARTICLE 2: ARTICLE 2: This Regulation shall be published by the ECOWAS This Regulation shall be published by the ECOWAS Commission in the Official Journal of the Community Commission in the Official Journal of the Community withinthirty (30) days upon signature by the Chairman within thirty(30) days upon signature by the Chairman of the Council of Ministers. It shall also be published of the Council of Ministers. It shall also be published by each Member State in its National Gazette thirty by each Member State in its National Gazette thirty (30) days after notification by the Commission. (30) days after notification by the Commission. DONE ATABUJA, DONEATABUJA, THIS 21 ST DAY OF NOVEMBER 2009 THIS 21 ST DAY OF NOVEMBER 2009

y~«r- H.E. Chief Ojo MADUEKWE (CFR) LE. Chief Ojo MADUEKWE (CFR) CHAIRMAN, CHAIRMAN, FOR COUNCIL FOR COUNCIL

41 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

REGULATION C/REG.9 /11/09 APPROVING THE REGULATION C/REG10 /11/09 APPROVING THE WORK PROGRAMME OF THE ECOWAS YOUTH BUDGET OF THE ECOWAS COMMISSION, ITS AND SPORTS DEVELOPMENT CENTRE FOR THE AGENCIES, CENTRES AND OFFICES FOR THE 2010 FINANCIAL YEAR 2010 FINANCIAL YEAR

THE COUNCIL OF MINISTERS, THE COUNCIL OF MINISTERS,

MINDFUL of Articles 10,11 and 12 of the ECOWAS MINDFUL of Articles 10,11 and 12 of the ECOWAS Treaty as amended, establishing the Council of Treaty as amended, establishing the Council of Ministers and defining its composition and functions; Ministers and defining its composition and functions;

HAVING CONSIDERED the Work Programme of the MINDFUL of the provision of Article 17 of the said Youth and Sports Development Centre for the 2010 Treaty on the Establishment and the composition of financial year recommended by the sixth meeting of the ECOWAS Commission; the Administration and Finance Committee held in Abuja, from 26th to 31st October 2009; MINDFUL of the provision of Article 72 of the Treaty relating to the Community levy; ENACTS: MINDFUL of the provisions of Article 69 of the Treaty ARTICLE 1: which relate to the budget of the Community Institutions; The Work Programme attached hereto, is hereby approved and shall be executed by the Youth and MINDFUL of the Regulation C/REG.5/05/09 of May Sports Development Centre during the 2010 27, 2009 adopting the Financial Regulations of the Financial Year. Institutions of the Economic Community of West African States (ECOWAS); ARTICLE 2: HAVING CONSIDERED the budget of the ECOWAS This Regulation shall be published by the ECOWAS Commission proposed by the sixth meeting of the Commission in the Official Journal of the Community Administration and Finance Committee, held inAbuja within thirty(30) days upon signature by the Chairman from 26th to 31st October 2009; of the Council of Ministers. Itshall also be published by each Member State in its National Gazette thirty ENACTS: (30) days after notification by the Commission. ARTICLE 1: DONE ATABUJA, The budget of the ECOWAS Commission, Agencies, THIS 21 ST DAY OF NOVEMBER 2009 Centres and Offices for the 2010 financial year, balanced in income and expenditure at the sum of one hundred and twenty three million one hundred and forty-seven thousand, and twenty seven Units of Account (123,147,027 UA) is hereby approved.

ARTICLE 2:

/rf.E. Chief Ojo MADUEKWE (CFR) The details of the budget mentioned in Article 1 of CHAIRMAN, this Regulation is as follows: FOR COUNCIL I. Commission: one hundred and twelve million, seven hundred and thirty four thousand, seven hundred and thirty-eight Units of Account (112,734,738 UA)

II. Gender Centre: one million, nine hundred and fifty one thousand, one hundred and sixty six Units of Accounts (1,951,166 UA.)

42 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

III. Water Resources Centre: one million, eight DONE ATABUJA, hundred and seventy one thousand, six THIS 21ST DAY OF NOVEMBER 2009 hundred and sixty eight Units of Account (1,871,668 UA.)

IV. Youth and Sports Centre: three million, thirty six thousand, seven hundred and seventy two Units of Account (3,036,772 UA) y~«r- .E. Chief Ojo MADUEKWE (CFR) V. ECOWAS Office in Brussels: three hundred and CHAIRMAN, sixty two thousand, nine hundred and twelve FOR COUNCIL Units of Account (362,912 UA)

VI. Office of the Financial Controller: one million, three hundred and nineteen thousand, nine hundred and seventy nine Units of Account (1,319,979 UA)

VII. Office of the Chief internal Auditor: one million, eight hundred and sixty nine thousand, seven hundred and ninety two Units of Account (1,869,792 UA);

ARTICLE 3: REGULATION C/REG.11/11/09 APPROVING THE 1. An amount of one hundred million, nine BUDGETOFTHE ECOWAS PARLIAMENT FOR THE hundred and three thousand, two hundred and 2010 FINANCIAL YEAR fifty one Units of Account (100,903,251 UA) shall be derived from resources obtained from the Community Levy. THE COUNCIL OF MINISTERS,

2. Another amount in the sum of five million Units MINDFUL of Articles 10, 11 and 12 of the ECOWAS of Account (5,000,000 UA) shall be derived Treaty as amended, establishing the Council of from excess funds. Ministers and defining its composition and functions; 3. An amount in the sum of fifteen million, nine MINDFULof Article 13 of the said Treaty establishing hundred and four thousand, six hundred and twentyseven UnitsofAccount(15,904,627 UA) the ECOWAS Parliament; shall be derived from external sources. MINDFUL of the provision of Article 72 of the said Treaty relating to the Community Levy; 4. Additional amounts in the sum of one million Units of Account (1,000,000 UA) shall be MINDFUL of Protocol A/P.2/8/94 and its amendments, derived from arrears of contributions. defining the composition, functions, powers and 5. An amount of three hundred and thirty nine organisation of the ECOWAS Parliament; thousand, one hundred and forty nine Units of Account (339,149 UA) shall be derived from MINDFUL of the Protocol A/P1/7/96 relating to the other sources. conditions for the application of the Community Levy;

ARTICLE 4: MINDFUL of the provisions of Article 69 of the ECOWAS Treaty which relate to the budget of the This Regulation shall be published by ECOWAS Community Institutions; Commission in the Official Gazette of the Community within thirty(30)days upon signature bythe Chairman MINDFUL of the Regulation C/REG.5/05/09 of May of the Council of Ministers. It shall also be published 27, 2009 adopting the Financial Regulations of the by each Member State in its National Gazette thirty Institutions of the Economic Community of West days after its notification by the Commission. African States (ECOWAS);

43 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

HAVING CONSIDERED the budget of the ECOWAS REGULATION C/REG.12/11/09 APPROVING THE Parliament recommended by the sixth meeting of the BUDGET OF THE COMMUNITY COURT OF Administration and Finance Committee, held inAbuja JUSTICE FOR THE 2010 FINANCIAL YEAR from 26th to 31st October 2009;

ENACTS: THE COUNCIL OF MINISTERS,

ARTICLE 1: MINDFUL of Articles 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the Council of The budget of the ECOWAS Parliament for the 2010 Ministers and defining its composition and functions; financial year, balanced in income and expenditure at the sum of ten million, nine hundred and seventy MINDFUL of Article 15 of the said ECOWAS Treaty seven thousand, one hundred and forty eight Units establishing the Community Court of Justice; of Account (10,977,148 UA) is hereby approved. MINDFUL of the provision of Article 72 of the said ARTICLE 2: Treaty relating to the Community Levy;

1. An amount of ten million, four hundred and fifty MINDFUL of Protocol A/P.1/7/91 defining the two thousand, one hundred and forty eight composition, functions, powers and organisation of Units of Accounts (10,452,148 UA) shall be the Community Court of Justice; derived from resources obtained from the Community Levy. MINDFUL of the provisions of Article 69 of the ECOWAS Treaty which relate to the budget of the 2. Additional amounts in the sum of two hundred Community Institutions; and fifty thousand Units of Account (250,000 UA) shall be derived from excess funds. MINDFUL of Protocol A/P1/7/96 relating to the conditions for the application of the Community Levy; 3. An amount in the sum of two hundred thousand Units of Account (200,000 UA) will be derived MINDFUL of the Regulation C/REG.5/05/09 of May from arrears of contributions. 27, 2009 adopting the Financial Regulations of the Institutions of the Economic Community of West 4. Another amount in the sum of seventy five African States (ECOWAS); thousand Units of Account (75,000 UA) shall be derived from other sources. HAVING CONSIDEREDthe budget ofthe Community Court of Justice recommended by the sixth meeting ARITICLE3: of the Administration and Finance Committee, held in Abuja from 26th to 31st October 2009; This Regulation shall be published by the ECOWAS Commission inthe Official Journal ofthe Community ENACTS: within thirty(30)days upon signature bythe Chairman of the Council of Ministers. Itshall also be published ARTICLE 1: by each Member State in its National Gazette thirty (30) days after notification by the Commission. The budget of the Community Court of Justice for the 2010 financial year, balanced in income and DONE ATABUJA, expenditure at the sum of ten million, two hundred THIS 21 ST DAY OF NOVEMBER 2009 and thirty one thousand, two hundred and forty two Units of Account (10,231,242 UA) is hereby approved.

ARTICLE 2:

1. An amount of nine million, six hundred and forty thousand, four hundred and ninety one units fLE. Chief Ojo MADUEKWE (CFR) of Accounts (9,640,491 UA) shall be derived CHAIRMAN, from resources obtained from the Community FOR COUNCIL. Levy.

44 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

2. Additional amounts in the sum of two hundred REGULATION C/REG.13/11/09 APPROVING THE thousand Units of Accounts (200,000 UA) shall BUDGET OF THE WEST AFRICAN HEALTH be derived from arrears of contributions. ORGANISATION FOR THE 2010 FINANCIALYEAR

3. Additional amount of seventeen thousand, nine hundred and fifty units of account (17,950 UA) THE COUNCIL OF MINISTERS, shall be derived from other sources. MINDFULof Articles 10, 11 and 12 of the ECOWAS 4. An amount in the sum of one hundred and Treaty as amended, establishing the Council of ninety nine thousand, five hundred and forty Ministers and defining its composition and functions; seven units of Accounts (199,547 UA) shall be derived from external sources. MINDFUL of Protocol A/P.2/7/87 relating to the creation of the West African Health Organisation 5. Another amount in the sum of one hundred and (WAHO); seventy three thousand, two hundred and fifty four units of Accounts (173,254 UA) from MINDFUL of the provisions of Article 72 of the said excess funds. Treaty relating to the Community Levy;

ARITICLE3: MINDFUL of the provisions of Article 69 of the said Treatywhich relate to the budgets ofthe Community This Regulation shall be published bythe ECOWAS Institutions; Commission in the Official Journal of the Community within thirty (30) days upon signature bythe Chairman MINDFUL of the Protocol A/P1/7/96 relating to the of the Council of Ministers. It shall also be published conditionsforthe application ofthe CommunityLevy; by each Member State in its National Gazette thirty (30) days after notification by the Commission. MINDFUL of the Regulation C/REG5/05/09 of May 27, 2009 adopting the Financial Regulations of the DONE ATABUJA, Institutions of the Economic Community of West THIS 21 ST DAY OF NOVEMBER 2009 African States (ECOWAS);

HAVING CONSIDERED the budget of the West African Health Organisation recommended by the sixth meeting of the Administration and Finance Committee, held in Abuja from 26th to 31st October y~«r- 2009. X-E- Chief Ojo MADUEKWE (CFR) ENACTS: CHAIRMAN, ARTICLE 1: FOR COUNCIL. The budgetofthe West African Health Organisation for the 2010 financial year, balanced in income and expenditure at the sum of fourteen million, two hundred and sixteen thousand, six hundred and four Units of Accounts (14,216,604 UA) is hereby approved.

ARTICLE 2:

1. An amount of thirteen million, four hundred and nine thousand, eight hundred and ninety one Units of Account (13,409,891 UA) shall be derived from resources obtained from the Community Levy.

2. Additional amount of seven hundred and eighty nine thousand, two hundred and forty Units of

45 October 2009 / February 2010 ECOWAS Official Journal Vol.56

Account (789,240 UA) shall be derived from MINDFUL ofthe provisionsofArticle 72 ofthe Treaty external sources. relating to the Community Levy;

3. Additional amounts in the sum of seventeen MINDFUL of Protocol A/P1/7/96 relating to the thousand, four hundred and seventy three conditions forthe application ofthe Community Levy; Units of Account (17,473 UA) shall be derived from other sources. MINDFUL of Decision A/DEC.9/12/99 establishing GIABA and the Revised Statutes of the ARITICLE3: Intergovernmental Action Group Money Laundering in West Africa. This Regulation shall be published by the ECOWAS Commission in the Official Journal ofthe Community MINDFUL of the Regulation C/REG.5/05/09 of May within thirty (30) days uponsignaturebythe Chairman 27, 2009 adopting the Financial Regulations of the ofthe Council of Ministers. It shallalso be published Institutions of the Economic Community of West by each Member State in its National Gazette thirty African States (ECOWAS); (30) days after notification by the Commission. HAVING CONSIDERED the budget of the DONEATABUJA, Intergovernmental Action Group Against Money THIS 21 ST DAY OF NOVEMBER 2009 Laundering inWest Africa recommended bythe sixth meeting of the Administration and Finance Committee, held in Abuja from 26th to 31st October 2009.

ENACTS:

RE. Chief Ojo MADUEKWE (CFR) ARTICLE 1: CHAIRMAN, FOR COUNCIL. The budget of the Intergovernmental Action Group Against Money Laundering in West Africa for the 2010 financial year, balanced in income and expenditure at the sum of five million, fifty four thousand, eight hundred and forty six Units of Accounts (5,054,846 UA) is hereby approved.

ARTICLE 2:

1. An amount of four million, nine hundred and seventy eight thousand, eight hundred and forty six Units ofAccounts(4,978,846 UA)shall be derived from resources obtained from the Community Levy. REGULATION C/REG.14/11/09 APPROVING THE BUDGET OFTHE INTERGOVERNMENTAL ACTION 2. Additional amounts in the sum of seventy six GROUP AGAINSTMONEY LAUNDERING INWEST thousand Units of Accounts (76,000 UA) shall AFRICA FOR THE 2010 FINANCIAL YEAR be derived from external sources.

ARITICLE3: THE COUNCIL OF MINISTERS, This Regulation shall be published by the ECOWAS MINDFUL of Articles 10,11 and 12 of the ECOWAS Commission in the Official Journalofthe Community Treaty as amended, establishing the Council of within thirty (30)days uponsignature bythe Chairman Ministers and defining itscomposition and functions; of the Council of Ministers. Itshall also be published by each Member State in its National Gazette thirty MINDFUL of the provisions of Article 69 of the said (30) days after notification by the Commission. Treaty which relate to the budget ofthe Community Institutions;

46 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

DONEATABUJA, also prescribes the right, privileges and immunities THIS 21 ST DAY OF NOVEMBER 2009 of the Community Institutions and their officials in host member States;

CONSIDERING the need to ensure that Community Institutions and Agencies wherever they are located, operate efficiently with the full cooperation ofthe host Member States; HE. Chief Ojo MADUEKWE (CFR) CHAIRMAN, ALSO CONSIDERING the need to ensure equitable FOR COUNCIL geographical distribution of ECOWAS Institutions and Agencies in Member States;

WISHING to complement the rights and privileges of Community Institutions and their officials in host member States as prescribed by the relevant ECOWAS legal texts by defining obligations of Host member States;

DRAWING inspiration from current practise and standards within the African Union in relation to this subject;

DESIROUS of establishing a set of criteria for hosting Institutions and Agencies of ECOWAS by Member States. REGULATION C/REG15/11/09 ESTABLISHING THE CRITERIA FOR THE HOSTING OF INSTITUTIONS ENACTS: AND AGENCIES OFTHE ECONOMIC COMMUNITY Article 1: OF WEST AFRICAN STATES (ECOWAS) BY MEMBER STATES Member States hosting or offering to host ECOWAS Institutions or Agencies shall meet the following minimum basic requirements: THE COUNCIL OF MINISTERS, a. conform with the principles of Constitutional MINDFUL of Articles 10, 11 and 12 of the ECOWAS convergence provided for in the ECOWAS Treaty as amended establishing the Council of Protocol on Democracy and Good Governance Ministers and defining its composition and functions; of 2001 as well as the provisions contained in the ECOWAS Declaration on Political Principles MINDFUL of Article 6 of the said Treaty establishing of 1991. Institutions of the Community; b. provide at its expense a secure structure with MINDFUL of Article 5 of the ECOWAS Treaty obliging furnished and equipped office premises for the Member States to create favourable conditions for Seat of the Institution or Agency on the basis the attainment of the objectives of the Community of the objective requirements of office space; and to honour their obligations under this Treaty and also to abide by the decisions and regulations of c. ensure that the premises offered, have the Community; adequate logistical facilities and are easily accessible; Also MINDFUL of Article 88 of the ECOWAS Treaty which provides for the status, privileges and d. provide appropriate and efficient modern immunities of the Community Institutions and their infrastructure especially telecommunication officials in the territory of each Member State; facilities to enable the office to function efficiently; MINDFUL of the ECOWAS General Convention on Privileges and Immunities of 22nd April 1978 which

47 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

e facilitate the acquisition of staff accommodation Article 7: and ensure the availability of hotel accommodation to meet the functional needs After consideration of all the member States' offers of the Institution or Agency. for hosting Community Institutions and Agencies, Council shall recommend to the Authority of Heads f. ensure availability of adequate Health of State and Government the selection of a host infrastructure. country, taking account of criteria defined under this Regulation and the need for equitable and just Article 2: distribution of the costs and benefits of economic cooperation and integration. a. A member State hosting or offering to host an Institution or Agency of the Community, shall Article 8: endeavour to provide appropriately furnished and equipped residential accommodation for Council may recommend to the Authority of Heads the Head of the Institution or Agency; of State and Government, the transfer of an ECOWAS Institution or Agency, in the event that the b. Without prejudice to the criteria defined under member State concerned is in breach of the agreed Article 1 & Article 2 (a) of this Regulation, criteria or the Headquarters Agreement, or in the nothing in these criteria shall be taken to case of persistent conflict or instability, of natural or preclude a member State from offering more other disaster that have the effect of making the facilities. Institution or agency unable to function.

Article 3: Article 9:

A member State hosting or offering to host any of The present criteria shall be subject to periodic the Institutions orAgencies of ECOWAS should have review by Council either on its own initiative or on ratified the ECOWAS General Convention on the initiative of the ECOWAS Commission. Privileges and Immunities of 1978, the Convention on Diplomatic Relations of 1961 and the Article 10: Vienna Convention on Consular Relations of 1963. The Commission shall elaborate model Headquarters Article 4: Agreement which it shall communicate along with a copy of this Regulation to all the member States. Any Member State hosting an ECOWAS Institution or Agency should comply with the provisions of the Article 11: Conventions stipulated inArticle 3 ofthis Regulation as well as the provisions of the Headquarters This Regulation shall be published in the Official Agreement concluded in linewith the modeladopted Journal by the Community within thirty (30) days of by the Community. its signature by the Chairman of the Council of Ministers. It shall also be published in the National Article 5: Gazette of each Member State, within thirty(30) days after notification by the Commission. A member State hosting or offering to host an ECOWAS Institution orAgencyshould have faithfully DONEATABUJA, been implementing the conditions relating to the THIS 21ST DAY OF NOVEMBER 2009 Community Levy.

Article 6:

The Commission shall set up an independent team which shall undertake a fact-finding mission to ^^ member States offering to host Institutions and H.E. Chief Ojo MADUEKWE (CFR) Agencies of ECOWAS to inspect the proposed site CHAIRMAN, and submit a report to Council. FOR COUNCIL.

48 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

REGULATION C/REQ16/11/09 ON THE CREATION, counterfeiting which today constitute factors OBJECTIVES AND RESPONSIBILITIES OF A discouraging artistic and cultural creativity; REGIONAL COPYRIGHT OBSERVATORY DESIROUS to contribute to put in place an Regional Copyright Observatory. THE COUNCIL OF MINISTERS, ON THE RECOMMENDATION of the third MINDFUL of Articles 10, 11 and 12 of the Revised Conference of ECOWAS Ministers of Culture held in ECOWAS Treaty establishing the Council of Ministers Abidjan, Cote d'lvoire on 31st July 2009; and defining its composition and functions; ENACTS: MINDFUL of the provisions of Article 26 of the said Treaty relating to Industry which prescribes that ARTICLE 1: CREATION Member States ensure in particular the development of cultural industries; A Regional Copyright Observatory is hereby established by this Regulation. MINDFUL of the provisions of Article 62 of the said Treatyrelating to cultural affairswhich prescribe that ARTICLE 2: OBJECTIVES Member States undertake to encourage the promotion by all means and in all forms, of cultural The objectives of the Regional Copyright exchanges, develop and improve where necessary Observatory stated inArticle 1 of this Regulation are the structures and mechanisms for production in, to: the spread and use of cultural industries; 1) Monitor changes in copyright protection ; MINDFUL of Protocol A/P1/7/87 on the Cultural FrameworkAgreement for ECOWAS; 2) Recommend measures to take in the area of legislation and application of laws on the MINDFUL of Decision A/DEC.4/11/96 adopting the copyright protection; ECOWAS Cultural Development Programme; 3) Provide advice to the ECOWAS Commission on the protection of the rights of creators; MINDFUL of Decision A/DEC.6/01/03 adopting the NEPAD-CULTUREAction Plan; 4) Contribute to providing content for the website and the cultural data bank; CONSIDERING that in view of the scale of fraud and piracy in the area ofartistic works in Africa in general 5) Carry out the fight against fraud in order to and in West Africa in particular; it has become necessary to put in place a mechanism for the better protect the rights of creators. observation and monitoring of artworks in order to ARTICLE 3: RESPONSIBILITIES reduce the obstacles to the development of cultural industries; The responsibilities of the Observatory include to:

CONVINCED that the setting up of this mechanism, 1) Coordinate the fight against fraud and piracy represented concretely bythe creation ofa Regional of artworks with a view to reducing the obstacles Copyright Observatory, will contribute to to the development of cultural industries; strengthening the WestAfrican Network ofCopyright Offices and reducing piracyand fraud inWest Africa; 2) Contribute to strengthening the West African Network of Copyright Offices ; ALSO CONVINCED that the existence of a Regional Copyright Observatory will ensure that the rights of 3) Contribute to harmonising Member States' laws, creators are better protected and also allow for the implementing the recommendations of the monitoring of changes in copyright protection in Conference of ECOWAS Ministers of Culture, ECOWAS Member States. especially by the creation of an ECOWAS hologram; KEEPING IN MIND the urgent need to genuinely engage at the regional level and in a coordinated 4) Contribute to reducing the incidence of piracy fashion, in the fight against piracy, fraud and and fraud within ECOWAS;

49 October 2009 / February 2010 ECOWAS Official Joumal Vol. 56

ARTICLE 4: HEADQUARTERS REGULATION C/REG.17 /11/09 APPROVING A BUDGETARY ALLOCATION FOR THE The location of the headquarters of the Copyright CONSTRUCTION OF THE ECOWAS LOGISTICS Observatory shall be rotating based on the DEPORT IN SIERRA LEONE residence of the Coordinator.

ARTICLE 5: ORGANISATION AND FUNCTIONING THE COUNCIL OF MINISTERS

The organisation and functioning of the Regional MINDFUL of Articles 10, 11 and 12 of the Revised Copyright Observatory shall be defined by an ECOWAS Treaty as amended, establishing the "enabling Rule" enacted by the President of the Council of Ministers and defining itscomposition and ECOWAS Commission. functions;

ARTICLE 6: PUBLICATION MINDFUL of Articles 58 of the ECOWAS Treaty relating to Regional Security; This Regulation shall be published by the Commission in the Official Journal ofthe Community MINDFUL of Decision A/DEC17/01/05 establishing within 30 days of its signature by the Chairman of the ECOWAS Logistics Depots in Mali and Sierra the Council of Ministers. It shall also be published Leon; by each Member State in its National Gazette within thirty (30) days of notification by the Commission. RECALLING the Headquarters Agreement for the Logistics Deport between ECOWAS and the DONEATABUJA, Government of Sierra Leone of 9th January 2006 THIS 21 ST DAY OF NOVEMBER 2009 which was later amended on 29th August 2006;

AWARE that the first site of Hastings Airfield was found to be unsuitable for technical reasons including the inadequate length of the runway, inaccessibility of the runway by sea or rail and the local problem ^O-^ over land ownership. H^Chief Ojo MADUEKWE (CFR) CHAIRMAN, NOTING that a site of 17 (seventeen) acres of land FOR COUNCIL within Lungi International Airport in Freetown has been identified as the site for the establishment of an ECOWAS Logistics Facility;

DESIROUS of providing counterpartfunding for the construction of the ECOWAS Logistics deport in Sierra Leone;

ON THE RECOMMENDATION of the Twenty-fifth Meeting of the Mediation and Security Council held in Ouagadougou in December 2008;

ENACTS:

Article 1:

A lump sum of one million five hundred thousand US Dollars ($1,500,000) is hereby approved as ECOWAS counterpart funding to the ECOWAS Logistic Facility deport.

An additional sum of five hundred thousand US Dollars ($500,000) as valuation cost to the ECOWAS Logistics Facility deport.

50 October 2009 / February 2010 ECOWAS Official Journal Vol. 56

3. The ECOWAS Commission shall release in the MINDFULof Decision A/DEC.7/12/99 relating to the first quarter of 2010 the amount stated in adoption of macroeconomic convergence criteria paragraph 1 and 2 of this Article which shall be within the framework of the ECOWAS monetary sourced from the ECOWAS Peace Fund. cooperation programme;

Article 2: MINDFUL of Decision A/DEC.17/12/01 creating a mechanism for the multilateral surveillance of This Regulation shall be published by the ECOWAS Economic and Financial Policies of ECOWAS Commission in the Official Journal of the Community Member States; within thirty(30) days upon signature by the Chairman of the Council of Ministers. It shall also be published CONSIDERING that the realization of the monetary by each Member State in its National Gazette thirty and economic integration requires the effective (30) days after notification by the Commission. establishment of a mechanism of multilateral surveillance within ECOWAS; DONEATABUJA, THIS 21ST DAY OF NOVEMBER 2009 AWARE that the activities of the Mechanism are reflected in African economic and an analytical and detailed reports;

NOTING that the reports of Member States are y^ presented in various formats and this does not . Chief Ojo MADUEKWE (CFR) permit adequate monitoring of the activities of the CHAIRMAN, mechanism; FOR COUNCIL DESIROUS to establish a harmonized framework for the presentation of the Reports on the Multilateral Surveillance of the financial and economic policies of ECOWAS Member States;

ON THE RECOMMENDATION of the Fifth Ordinary Session of the Convergence Council held in Abuja on 25 May 2009;

HEREBY ENACTS:

Article 1:

The attached guidelines for the preparation of Reports on ECOWAS Multilateral Surveillance Mechanism are hereby adopted. REGULATION C/REG. 18/11/09 ADOPTING THE GUIDELINES FOR THE PREPARATION OF Article 2: REPORTS ON ECOWAS MULTILATERAL SURVEILLANCE MECHANISM The Guidelines for the Preparation of the Reports on ECOWAS Multilateral Surveillance Mechanism shall form the basis of the multilateral surveillance THE COUNCIL OF MINISTERS, report from the National Coordinating Committee in every ECOWAS Member State. MINDFUL of Articles 10, 11 and 12 of the Revised ECOWAS Treaty establishing the Councilof Ministers Article 3: and defining its composition and functions; The National Coordinating Committees shall forward MINDFUL of Decision A/DEC.2/7/87 on the adoption to the ECOWAS Commission quarterly, a report on of an ECOWAS monetary cooperation programme the financial and economic situation on the basis of which envisages the creation of a single monetary the convergence criteria in force. zone within ECOWAS;

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Article 4: GUIDELINES FOR THE PREPARATION OF REPORTS ON ECOWAS MULTILATERAL SURVEILLANCE This Regulation shall be published by the ECOWAS MECHANISM Commission inthe Official Journal ofthe Community within thirty(30) days upon signature by the Chairman of the Council of Ministers. Itshall also be published INTRODUCTION by each Member State in its National Gazette thirty (30 days after notification by the Commission. Developments in the world economic environment

DONEATABUJA, The interest in providing an overview of the international environment is to assess opportunities opened to the THIS 21 ST DAY OF NOVEMBER 2009 country as well as constraints that had adverse effect on the national economy.

At this level, an analysis on the following aspects is expected:

i. Ananalysisoftrends inworld demand throughworld tyE. Chief Ojo MADUEKWE (CFR) economic growth with special emphasis on major CHAIRMAN, economies. The effect of world demand on the FOR COUNCIL. country's growth could be highlighted;

ii. Inflationary trend across the world especially in major partner economies in order assess inflation differentials;

iii. A presentation of trends in prices of major commodities exported by the country ;

iv. An analysis of developments in the international financial situation based on trends in interest rates and exchange rates ofcurrencies ofmajor partners;

v. All other shocks and howthey affectyourcountry's economy

It is also worth noting at this point that the international environment is addressed comprehensively in the first part of the on ECOWAS Monetary Cooperation Programme (EMCP) Report. Atthe country level itis not necessary to dilate on generalities. It is advisable to present majoreconomicand financial trends which directly affectthe national economy. That is whythe pointon the country's export commodityprices is ofparticularinterest.

Major economic policy targets

Arecall ofthe government*s main targets helpsto highlight whether concerns in terms of macroeconomic convergence are taken into account in the formulation of the country's economic policy, among others. At this stage, it is important to indicate government objectives in terms: Real GDP growth rate • End of period inflation rate • Budget deficit excluding grant /GDP

• Current account deficit in relation to GDP

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With these four indicators, it is possible to have an idea 1.1.3 Prices andinflation about the government's ambitions on one hand, and its commitment to achieve convergence on the other. Itis expected thatthe report will provide a detailed analysis on consumer prices while stressing underlying causes Major achievements or results achieved of variations. These causes may be linked to demand or supply factors. At this level, the report must indicate whether the achievements are commensurate with the targets or not. After determining the level and type of inflation, it is Reasonsfor performance or counter performance should important to analyse price increases through various be provided in detailed in the first part. sources, indicating products or groups of products that are the most affected by the hike in prices. 1. ANALYSIS OFTHE FINANCIAL AND ECONOMIC SITUATION Inflationarytrends must be assessed in terms of average and end of period inflation. The analysis of the economic and financial situation must be addressed underthe four key sectors of the economy: 1.2 PUBLIC FINANCES AND PUBLIC DEBT

1.2.1 Public finances 1.1 REAL SECTOR Given that fiscal operations is at the centre of The analysis ofthe real sectormust be addressed through macroeconomic convergence in ECOWAS (six out of 10 trends in the supply and demand of goods and services convergence criteria are directly linked to fiscal and must be based on national accounts and operations), the analysis of budget indicators is of utmost macroeconomic framework as well as price statistics. importance.

The structure of the analysis must be as follows: 1.1.1 Trends in overallsupply Total revenues: This involves explaining trends With regard to supply, the report must lay emphasis on in revenues while making a distinction value added formation through the contribution of various between tax and non tax revenues. sectors (primary, secondary and tertiary). For each Concerning tax revenues, the report must sector, the analysis must indicate the factors driving state the share of customs duties and that of trends in production. These factors may be linked with internal revenue; the international economic situation, (trends in demand) weather conditions and an increase in production Grants: indicate its share in total revenue capacities or policy or sector reforms. After this, the Current expenditures: structure and trends report should indicate the importation of goods and services. Capital expenditure: share of internallyfunded capital investments and that of externally 1.1.2 Trends in overalldemand funded capital expenditure

On the demand side, the report must analyse trends in Overall balance and financing: indicate trends the various components of world demand with particular in typical budget balances (basic primary emphasis on consumptionand investments.This involves, balance, overall balance on commitment inactual fact, measuring the impact of GDP variation on basis, balance on cash basis and how the composition of demand. financing needs were met (internal and external financing). In the analysis of consumption and investments, it is useful to break them down into public and private The analysis of public finances must bring out the effects components in order to measure the State's share in of decisions taken by government on public finances. overall demand With regard to revenues, this could involve measures concerning the expansion of the tax base, introduction of At this point, it is also appropriate to compare savings new taxes and levies, strengthening rigour in revenue and investment levels in order to assess the share of mobilization and modernization of tax administration. In domestic savings in the financing of investments. terms of expenditure, measures could include reduction in the wage bill, increase in capital expenditure and a Besides, itis important to give an indication of the impact downward trend in subsidies, etc. They could also be ofexports on economic growth. However,the details must political decisions that would lead to public expenditure, be provided underthe external sector. for example, increase in salaries taxes, establishment of new governmental structures, etc.

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1.2.2 Public debt The report must decompose M2 aggregate into cash in circulation and demand deposits order to have an idea Domestic debt and external debt must be analyzed about economic operators' preference for cash or not. It separately. must also be interested in long term deposits that help to determine the capacity to finance investments. The 1.2.2.1 Domesticdebt share of foreign exchange deposits is also important as Whileaddressing domestic publicdebt, the report must it will help assess the preference between the local stress on trends in outstanding debt as well as debt currency and foreign currency. servicing. With regard to outstanding debt, the report must make distinctionbetween debt owed to the banking The report must review liquidity ratios in the economy sector and those outside the bankingsector. The analysis (m2/GDP) or the velocity of money circulation in orderto of payments must also take into account accumulated assess the stability of money demand. arrears. 1.4 EXTERNAL SECTOR 1.2.2.2 Externaldebt In a globalized economy, the analysis of economic and The analysis of external debt must focus on the financial relations between a country and the rest of the outstanding sum and its various components (multilateral world is of particular importance. or bilateral, private or commercial debt) inorder to come up with possible relief measures. There must be In this section, the report must analyse the various comments on trends in debt servicing. components of the balance of payments, especially external trade. On the whole, the debt analysis must be based on the following typical ratios: 1.4.1 External Trade

Total Debt/GDP; With regard to external trade, the analyst must tackle External Debt/GDP; the merchandise trade through trends in exports and imports. Domestic debt servicing/ tax revenue; The analysis of imports and exports must take into External debt servicing/export of good and account the volume and value as well as related prices services and structure for each product as well as the direction of trade. The report must touch on the level of balance of 1.3 MONETARY SECTOR trade and its trends. Basic data meant for the analyses In analyzing the monetarysector,the reportmustpresent must be derived from EUROTRACE statistics. important policy decisions as well as their effects on trends in monetary aggregates. 1.4.2 Analysisofothercomponentsofthe balance ofpayments 1.3.1 Decisions on monetarypolicy The analyses ofother balances must begin withnon factor The report shouldmention decisionstakenbymonetary services which depend to a large extent on trends in authorities during the period under review. The report external trade and infrastructure available inthe country should highlight important decisions relating to interest interms of insurance and transportation. rates, mandatory reserve rate, etc or the organizationof the money market such as the introduction of a new Conceming the net income, itwill deal withtrends infactor instrument or a decision to limit advances to the services especially interest on debt, and net transfers of Government. revenue.

1.3.2 Trends in monetaryaggregates As far as transfers are concerned, they will be addressed on the basis of the beneficiary entity (public or private). Thedescriptive analysisoftrends inmonetary aggregates Under private transfers, it is important to indicate the is of little interest if it does not take into account the magnitude of remittances. explanatory factors. Thus, the report should indicate whether external assets are influenced by the nature of To conclude on current operations, the analysis must prevailing monetary and budget policies, balance of reviewtrends inthe current balance excludingor including payments orientation or the country's capacity to mobilize public transfers. external resources. Regarding internal credit, it should assessthe financial needs ofcompanies whichdepends In the analysis of the capital account and financial on the nature of fiscal policy operations, the report must dwell particularly on trends October 2009 / February 2010 ECOWAS Official Joumal Vol.56 in foreign direct investments. Trends in FDI could be The analyst must assess the country's performance in explained by developments in the business environment relation to the various criteria while indicating the main (legal and regulatory framework, business opportunities, factors that led to the results. The performance must be privatisation programmes, internal monetary conditions, assessed in terms of trends and at end of period. macroeconomicframework viability and good politicaland economic governance). The balance of paymentanalysis 3. HARMONIZATION OF POLICIES AND must be concluded with an indication of trends in the INSTITUTIONAL ARRANGEMENTS overall balance and how it is financed. This section must focus on progress made in the 1.4.3 Trends in exchangerates implementation of harmonization policies and institutional arrangements defined invarious ECOWAS agreements Besides the balance of payments, the external sector and protocols. The various protocols will be transmitted analysis must cover exchange rates as well. Variations to the NCCs. inexchange rates of the local currency in relation to major international currencies (US Dollar, Euro, Pound Sterling) 4. PROSPECTS must be explained. Beyond these variations, the analyst mustfind the cause of depreciation or appreciation of the *The report will make room for the analysis of prospects national currency. In addition to the official market rate, opened to the country's economy. Based on these the report must also deal with rates on the parallel market. prospects, the compiler must outline the implications in WithinWestAfrica, the parallel market plays an important terms of convergence criteria. rele in the development of trade. It is also at this point that the compiler must mention Itis worth noting thatthe analysis mustcoverboth average strategies and measures planned by the Government and exchange rates and end of period rate. indicate how these measureswould improve convergence.

2. PERFORMANCE IN TERMS OF 5. CONCLUSION AND RECOMMENDATIONS MACROECONOMIC CONVERGENCE The conclusion must highlight major lessons drawn from It is important to recall that the two categories of macroeconomic convergence trends. convergence criteria adopted at the 22nd session of the Assembly of Heads of State and Government held in Based on these trends, the compiler must identify December 1999 in Lome are as follows: measures and actions that can sustain or strengthen performances. The recommendations, at mostten, must Primary criteria: be clear and specific. i) Budget deficit (excluding grants)/GDP(on commitment basis) ratio < 4 %; ii) End of period inflation rate < 5 % ; iii) Budget deficit financing by the Central Bank <10 % of previous year's revenue ; rv) Gross external reserve > six months import cover;

Secondary criteria: i) Prohibitionofthe accumulation of new arrears and settlement of all outstanding arrears; ii) Tax revenue/GDP ratio > 20 %; iii) Wage bill/total tax revenue < 35 %; rv) Internally funded public investment/tax revenue > 20 %; v) Positive real interest rate ; and vi) Real exchange rate stability.

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RECOMMENDATION C/REC/1/11/09 RELATING TO professional life; and relating to the guarantee of PERSONAL DATA PROTECTION WITHIN ECOWAS the free movement of information, it becomes a matter of urgency to fill the legal vacuum generated by the use of internet which is a new instrument of THE COUNCIL OF MINISTERS, communication;

MINDFULof Articles 10,11 and 12 of ECOWASTreaty CONSCIOUS of the necessity to fill this legal vacum as amended, establishing the Council of Ministers and establish a harmonised legal framework in the and defining its composition and functions; process of personal data;

MINDFULof the Supplementary Protocol A/SP.1/06/ DESIROUS of adopting this Supplementary Act on 06 establishing the amendment of the revised Treaty the protection of personal data; of ECOWAS; AFTER the opinion of the ECOWAS Parliament MINDFULof Article 4 paragraph g of the said Treaty dated 23 May 2009; relating to the Member States' adherence to the promotion and protection of human and peoples' RECOMMENDS to the Authority of Heads of State rights in accordance with the provisions of the African and Government to adopt the attached draft Charter on Human and Peoples' Rights; supplementary Act relating to personal data protection within ECOWAS. MINDFUL of Article 27, 32 and 33 of the said Treaty relating to Science andTechnology, and on the areas DONEATABUJA, of Communication and Telecommunications; THIS 21 ST DAY OF NOVEMBER 2009

MINDFUL of Article 57 of the said Treaty on judicial and legal cooperation, which prescribes that the Member States undertake to promote judicial cooperation with a view to harmonizing judicial and legal systems; Aj-*-- \\£. Chief Ojo MADUEKWE (CFR) MINDFUL of ECOWAS Supplementary Act A/SA 1/ CHAIRMAN, 01/07 of 19 January 2007 on the harmonization of FOR COUNCIL the policies and regulatory framework of the Information and Communication Technologies sector (ICT);

CONSIDERING the important progress made in the area of Information and Communication Technologies (ICT) as well as the Internet which is in appropriate use in the daily lives, poses problems to the private and professional lines of the users; of personal data protection;

CONSCIOUS that a technology such as the Internet, with its facilities of profilingand tracing of individuals, constitutes a favourable vector for gathering and processing personal data;

CONSCIOUS also that the increasing use of Information and Communication Technology (ICT) may be prejudicial to the private and professional life of the users;

NOTING that, notwithstanding the existence of the national legislations relating to the protection of privacy of the citizens in their private and

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RECOMMENDATION C/REC.2/11/09 RELATING TO CONSIDERING that these impediments to the THE ELECTRONIC TRANSACTIONS WITHIN development of e-transactions are linked to the ECOWAS application ofelectronictechniques to trade, services and administrative acts; to the conclusive elements introduced by digital techniques including time- THE COUNCIL OF MINISTERS, stamping, certification, to the rules applicable to the means and services ofencryption; to the supervision MINDFUL ofArticles 10,11 and 12ofECOWAS Treaty of on-line advertisements; and to the absence of as amended, establishing the Council of Ministers appropriate fiscal and customs legislations on e- and defining its composition and functions; transactions;

MINDFUL of the Supplementary Protocol A/SP.1/06/ CONVINCED that this observation justifies the 06 establishing the amendment of the said Treaty; establishment of a normativeappropriate framework to deal with the legal, cultural, economic and social MINDFUL ofArticle 27 of the said Treaty on Science environment of the West African zone; and Technology; DESIROUS of adopting this Supplementary Act on MINDFUL of the provisions of Articles 32 and 33 of electronic transactions within ECOWAS, with a view the said Treaty in the areas of Communications and to ensuring the necessary security and legal Telecommunications; framework for the emergence of reliable electronic transaction in the sub-region; MINDFUL of Article 50 of the said Treaty relating to Trade promotion; AFTER the opinion of the ECOWAS Parliament dated 23 May 2009; MINDFUL of Article 57 of the said Treaty on judicial and legal cooperation which prescribes that Member RECOMMENDS to the Authority of Heads of State States undertake to promote judicial cooperation with and Government to adopt the attached draft a view to harmonising judicial and legal systems; supplementary Act relating to the Electronic transactions within ECOWAS. MINDFUL of Supplementary Act A/SA 1/01/07 of 19 January 2007 on the harmonization of the policies DONEATABUJA, and regulatory framework of the Information and THIS 21 ST DAY OF NOVEMBER 2009 Communication Technologies sector;

CONSIDERING that, with the development of computer networking the number of electronic transactions is on a constant rise; that, as an indication, electronic transactions bear on the production, promotion, sale, distribution of products, 7&.E. Chief Ojo MADUEKWE (CFR) services and trade through electronic communication CHAIRMAN, including, distance interrogation, invoice FOR COUNCIL despatching.

CONSIDERING that the volume of electronic transactions is currently, relatively low within ECOWAS, but its potential growth is undeniable;

CONSIDERING that the main impediments to the development of e-transactions are linked to inadequate regulation on the legal recognition of data messages, recognition of electronic signature subject to the regulation of the systems of payment within space, the absence of specific legal rules to protect consumers, intellectual property, personal data and information systems and lack of legislation peculiar to electronic transactions;

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RECOMMENDATION C/REC.3/11/09 RELATING TO Article 9 of the ECOWAS Treaty as amended by THE AMENDMENT OF NEW ARTICLE 9 OF THE Supplementary Protocol A/SP1/06/06. ECOWAS TREATY AS AMENDED BY SUPPLEMENTARY PROTOCOL A/SP1/06/06 DONEATABUJA, THIS 21 ST DAY OF NOVEMBER 2009

THE COUNCIL OF MINISTERS,

MINDFULofArticles 10,11 and 12 of ECOWAS Treaty as amended establishing the Council of Ministers and defining its composition and functions; y~«r- UE. Chief Ojo MADUEKWE (CFR) MINDFUL of Supplementary Protocol A/SP1/06/06 CHAIRMAN, amending the Revised Treaty, and in particular the FOR COUNCIL. new Article 9 of the Treaty as amended by Article 2 of the said Supplementary Protocol;

CONSIDERING that, in accordance with new Article 9 of the Treaty, the Authority shall enact Supplementary Acts to complement the Treaty and the said Acts shall be annexed thereto;

ALSO CONSIDERING that the legal regime of Acts of the Community thus instituted does not still allow the Authority to enact Acts that are truly appropriate, given its diverse areas of competence;

NOTING that the Supplementary Acts that complement the Treaty and are thereto annexed, cannot be used to address issues falling under the purview of the Authority of Heads of State and Government, such as appointments to certain posts, oversight of the functioning of the Institutions of the Community, monitoring of accomplishment of its objectives and requests to third States, partners and the international community;

AWARE of the need to endow the Authority of Heads of State and Government with genuinely appropriate legal Acts that take cognizance of the diverse areas that fall under its purview;

DESIROUS of improving the legal regime of Acts of the Community currently in force;

ON THE PROPOSAL of the meeting of Ministers of Justice of Member States held in Abuja from 5th to 7th October 2009;

ON THE RECOMMENDATION of the Sixty-third Ordinary Session of the Council of Ministers held in Abuja from 20 to 21st November 2009;

RECOMMENDS to the Authority of Heads of State and Government to adopt the attached draft SupplementaryActrelatingto the amendment of New

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EXTRAORDINARY SUMMIT OF ECOWAS HEADS The following duly accredited representatives of OF STATE AND GOVERNMENT Heads of State and Government also attended the Summit: ABUJA, 17 OCTOBER 2009 Her Excellency Aja Dr. Isatou Njie FINAL COMMUNIQUE Saidy Vice President of the Republic of the Gambia 1. At the invitation of H.E. Umar Musa Yar'Adua, President of the Federal Republic of Nigeria, His Excellency Alhaji Muhammad Chairman of the Authority, an extraordinary Mumuni session of the Authority of Heads of State and Minister of Foreign Affairs of the Republic Government of the Economic Community of of Ghana West African States (ECOWAS) was held on 17 October 2009 at the Transcorp Hilton Hotel, His Excellency Amidou Diarra Abuja, Federal Republic of Nigeria. Ambassador of Cote d'lvoire to Nigeria

2. The Summitwas convened to examine the latest His Excellency Jorge Borges developments in Guinea and Niger following Secretary of State for Foreign Affairs, the massacre of demonstrators on 28 Cooperation and Community, September 2009 in Conakry and the violation Republic of Cape Verde of the National Constitution and the ECOWAS His Excellency Boubacar K. Coulibaly Supplementary Protocol on Democracy and Ambassador of Mali to the Federal Good Governance by the Nigerien authorities. Republic of Nigeria The Summit observed a minute's silence in memory ofthe victims who died inthe massacre His Excellency Madicke Niang of 28 September 2009 in Conakry. Foreign Minister of Senegal

3. The following Heads of State and Government 4. The meeting was also attended by the following attended the Summit: high ranking officials: His Excellency Dr. Thomas Boni Yayi President of the Republic of Benin Mr. Jean Ping Chairman of the AU Commission His Excellency Blaise Compaore President of His Excellency United Nations' Secretary General's His Excellency Malam Bacai Sanha Special Representative for West Africa Republic of Guinea Bissau 5. The opening speech was delivered by His Her Excellency Ellen Johnson-Sirleaf Excellency, Umar Musa Yar'Adua, President of President of the Republic of Liberia the Federal Republic of Nigeria and Chairman of The Authority of Heads of State and His Excellency Umaru Musa Yar'Adua, Government. GCFR President and Commander-in-Chief of the 6. The Summit went into closed session to Armed Forces of the Federal deliberate on the ECOWAS memoranda on the Republic of Nigeria situation in Guinea and Niger as well as the reports of the Special Delegation of the His Excellency Ernest Bai Koroma Community Parliament, on the visit of the President of the Republic of Sierra Leone Facilitator, President Blaise Compaore, to Guinea and the meeting of the Mediation and His Excellency Faure Essozimna Security Council on 24 August 2009. After Gnassingbe careful consideration of the memoranda, President of the Togolese Republic reports and recommendations, the Authority decided as follows:

59 October 2009 / February 2010 ECOWAS Official Journal Vol.56

On Democracy and Good Governance 11. The Summit welcomes the decision of the Secretary General of the United Nations to 7. The Summit reiterated the unflinching establish the Commission of Enquiry to commitment of Member States to the principles investigate the 28 September 2009 violence of democracy and the rule of law, and its and calls on all concerned Guinean parties and rejection of unconstitutional accession to or other stakeholders to fully cooperate with the maintenance of power in line with ECOWAS Commission. Protocols and relevant AU instruments. 12. The Authority directed the President of the 8. Towards this end, the Summit called for more ECOWAS Commission to: effective measures at regional and continental a. work with the UNSG, the Chairperson of levels to combat the violation of and the temptation to violate national, regional and theAUto create a conducive and enabling environment, including the provision of a continental instruments, principles and norms security cover, to allow the Commission on Democracy and Good Governance. of Enquiry to undertake its mission. On the situation in Guinea b. work with the African Union on a regime of targeted sanctions against individuals 9. The Summit expressed deep concern over the who would pose a threat to the mass violation of human rights and implementation of the transitional humanitarian law in Guinea and roundly agenda. condemned the brutal acts of massacre, rape and other atrocities perpetrated by the security c. work with the new transitional authority forces under the authorityofthe CNDD against and subsequently the new Government unarmed women and civilianson 28 September at the end of the transition, in designing 2009. Itcharacterized the acts of impunity and a program for Security Sector Reform, the rapidly deteriorating political, security and with the support of the AU, UN and other human rights situation in Guinea as seriously partners. damaging to the democratic process in the country and a real threat to the peace, security 13. In view of the atrocities that have been and stability of the region. committed, and the steps taken by the CNDD authorities to acquire new weapons, the 10. In lightof the above, the Authority of Heads of Authority decides to impose an arms embargo State and Government commended President on Guinea under the ECOWAS Convention on Blaise Compaore for accepting to be a Small Arms and Light Weapons, their facilitator in the Guinea crisis. They expressed Ammunitions and related Materials, and directs strong support for his mediation efforts and the President of the ECOWAS Commission to urged him to take all appropriate steps to take all necessary measures to obtain the reestablish dialogue among the Guinean support of the African Union, the European political actors with the aim of: Union and the United nations in the implementation and enforcement of the a. establishing a new transitional authority embargo. to ensure a short and peaceful transition to constitutional order through credible, On the situation In Niger : free and fair elections; 14. The Authority of Heads of State and b. ensuring that the Chairman and members Government considered the holding of the of the CNDD, the Prime Minister and Referendum of 4 August 2009 and the those who hold high offices in the new circumstances of its organization as against the transitional authority will not be letter and spirit of the Constitution of Niger and candidates in the forthcoming presidential a violation of the ECOWAS Supplementary elections; Protocol on Democracy and Good Governance and called on the authorities in Niger to desist c. setting up benchmarks in the transition from further acts that may deepen divisions chronogram already agreed and ensuring within the country and exacerbate the political a timely achievement of the set atmosphere. In light of the foregoing, the benchmarks. Authority took the following decisions :

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a) Impose sanctions stipulated under Article 45 paragraph 2 (first and second bullet 15. The Summit decided that failure by President points) of the Supplementary Protocol on Tandja to comply with the decisions of the Democracy and Good Governance, by Authority would lead to the automatic and "the refusal to support candidates immediate imposition of full sanctions as presented by the Member State stipulated under Article 45 of the concerned for elective posts in the Supplementary Protocol on Democracy and international organisations; and Refusal Good Governance and a referral of the Niger to organise ECOWAS meetings in the file to the AU for similar action. Member State concerned" 16. The Heads of State and Government appointed b) Urgently request President Mamadou General (Rtd) Abdulsalami A.Abubakar, Former Tandja and the Niger authorities to Head of State of the Federal Republic of Nigeria suspend indefinitely the holding of the as ECOWAS Mediator for Niger and urged him legislative elections scheduled for 20 to convene immediately a meeting of Nigeriens October 2009 in favour of dialogue with stakeholders in Abuja to re-establish political the other leading political parties on dialogue aimed at creating national consensus resolving the political crisis in the country. on the way forward. c) Dispatch a high level mission comprising Her Excellency Ellen Johnson-Sirleaf, 17. The Summit requested the President of the President of Republic of Liberia, and H.E. ECOWAS Commission to transmit the present General (Rtd) Abdulsalami A. Abubakar, decision to the Chairman of the AU Commission Former Head of State of the Federal and to the AU Peace and Security Council for Republic of Nigeria, and the President of appropriate action. ECOWAS Commission to Niamey to meet President Tandja on Sunday, 18 October 18. The Authority expressed its gratitude to the 2009, to present the message of the Chairman for the warm and brotherly welcome Summit and facilitate the restoration of and hospitality extended to the Heads of State dialogue between the stakeholders. and all delegations, as well as the excellent facilities placed at their disposal to ensure a smooth and successful meeting.

DONEATABUJA, THIS 17TH DAY OF OCTOBER 2009

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THE THIRTY-SEVENTH ORDINARY SESSION OF His Excellency Faure Essozimna THE AUTHORITY OF HEADS OF STATE AND GNASSINGBE GOVERNMENT OFTHE ECONOMIC COMMUNITY President of the Togolese Republic OF WEST AFRICAN STATES (ECOWAS) Her Excellency Aja Dr. Isatou NJIE- ABUJA, 16TH FEBRUARY 2010 SAIDY Vice-President of the Republic of The FINAL COMMUNIQUE Gambia

His Excellency Youssouf BAKAYOKO 1. The Thirty-seventh Ordinary Session of the Minister of Foreign Affairs, Republic of Authority of Heads of State and Government Cote d'lvoire of the Economic Community of West African States was held on 16 February 2010 inAbuja, His Excellency Dr Badara Aliou Federal Republic of Nigeria, under the MACALOU chairmanship of His Excellency Dr Goodluck Minister of Malians in the Diaspora and Ebele Jonathan, Acting President, Commander African Integration of the Republic of Mali in chief of the Armed Forces of the Federal Republic of Nigeria, Chairman of ECOWAS 3. His Excellency Said DJINNIT, Special Authority of Heads of State and Government. Representative of the Secretary General of the United Nations Organisation for WestAfrica and 2. The following Heads of State and Government H. E. Professor Ibrahima FALL, African Union or their accredited representatives were Special Envoy to Guinea also participated in present at this session: this 37th Session as an Observer. His Excellency Dr Thomas Boni YAYI 4 The Heads of State and Government wished President of the Republic of Benin H.E. Umaru Musa YAR'ADUA President, His Excellency Blaise COMPAORE Commander-in-Chief of the Armed Forces of President of Faso the Federal Republic of Nigeria quick recovery. They also welcomed H.E. Goodluck Ebele His Excellency Pedro PIRES JONATHAN, Acting President of the Federal President of Cape Verde Republic of Nigeria. His Excellency Prof. John Evans ATTA c The Heads of State and Government took note MILLS of the 2009 Annual Report of the President of President of the Republic of Ghana the ECOWAS Commission, the Report of the His Excellency Malam Bacai SANHA 63rd Ordinary Session of the Council of President of the Republic of Guinea Ministers, the Report of His Excellency Laurent Bissau Gbagbo, President of the Republic of Cote d'lvoire on Regional Transport and Energy Her Excellency Ellen JOHNSON- Infrastructure, the Report of the Mediation and SIRLEAF Security Council and the Reports of the President of the Republic of Liberia ECOWAS Facilitators in Guinea and Niger. They also listened to presentations by the His Excellency Dr. Goodluck Ebele Prime Minister of Niger as well as the JONATHAN, GCON spokesperson for the Coordination of Forces Acting President, Commander in Chief of for Democracy and Republic (CFDR), the Armed Forces of the Federal Republic representing the opposition coalition. of Nigeria His Excellency Maitre Abdoulaye 6- Reaffirming their commitment to deepening the WADE West African integration process, the Heads President of the Republic of Senegal of State and Government adopted the major recommendations made in the various reports His Excellency Ernest Bai KOROMA presented and subsequently conducted a President of the Republic of Sierra Leone detailed analysis of thefollowing specific issues:

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West African Economic Performance required flexibility with respect to the trade liberalisation and the duration of the transition 7. The Authority expressed concern over the period. devastating effects of the global financial meltdown on the economic performance of the 11. Reiterating its firm commitmentto make the EPA region. To this end, the Authority invited Development Programme the major sustaining Member States to take necessary measures instrument in the development dimension of the not only to enhance their structural reforms and EPA, the Summit appealed to the EU side to economic and financial recovery measures but ensure the mobilisation of the requisite optimum also to pursue efforts towards liberalising their resources to finance the programme. The EU economies and promoting activities in the side was therefore requested to present a private sector. In addition, Member States were financing plan for this programme before the exhorted to make adequate provisions for the conclusion of the Agreement. The Authority ratification of ECOWAS protocols and ensure underlined the central aspect of the their effective application. The Heads of State development dimension to the negotiations and and Government also urged the ECOWAS emphasised that EU's commitment in this Commission to intensify its efforts towards the regard should be binding and concrete. realisation of the common market through notably the acceleration of priority integration Energy and Transport Programmes projects. 12. The Heads of State and Government took note 8. Hailing H. E. Lula Da Silva, President of Brazil of the major developments in the for his commitment to the consolidation of implementation of the Development and South-South Cooperation, the Authority Financing Fund for the transport and energy supported the idea of Cape Verde regarding sectors in the ECOWAS region (FODETE- the holding of an ECOWAS-Brazil Summit in ECOWAS). After congratulating H.E Laurent Cape Verde. It urged Member States to Gbagbo, President of the Republic of Cote participate in the proposed Summit and invited d'lvoire on the quality of his report and his the ECOWAS Commission to work closely with unrelenting commitment to ensure that these the Authorities in Cape Verde to ensure its sectors become a relevant catalyst for success. deepening of the West African integration process, the Summit approved the relevant Economic Partnership Agreement (EPA) recommendations of the report.

9. The Authority commended the efforts of the 13. The Authority specifically urged the Member region in the negotiation on the text of the States to take ownership of this process, with Agreement. However, concerned by the the direct and continuing involvement of the recurring divergent views, the Heads of State Ministers of Energy, Transport, Finance. It and Government underscored the need for the further urged the ECOWAS Commission and two regions (West Africa and EU) to reach other structures committed to the process consensus without further delay, particularly on (EBID, ADB, PPDU), to harmonise their efforts the development dimension, the Inclusion of with a view to completing the initial activities the ECOWAS and UEMOA Community Levies required for the effective creation of the Fund. (CL and CSL) in the tariff dismantling process The Summit re-affirmed its confidence to H.E. as well as the Most Favoured Nation (MFN) Laurent Gbagbo, President of the Republic of clause and the non execution clause in the text Cote d'lvoire, and requested him to continue of the Agreement. his coordination role in the development of the regional infrastructural networks and to ensure 10. Furthermore, concerning the Market Access a synergy with the ECOWAS-NEPAD projects. Offer, the Authority urged both sides to quickly agree on the level of liberalisation for West Regional Policy on Agriculture and Environment Africa that would facilitate the conclusion of the EPA. Consequently, to ensure that the region 14. The Summit noted with satisfaction the signing adopts a liberalisation programme that does of the Regional Pact which has made ECOWAP not jeopardise its development, the Authority a unique reference framework for all appealed to the EU side to demonstrate the interventions and the coordination of

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assistance in the agricultural sector. To 19. The Summit commended the European Union's consolidate this partnership framework for initiative for an International Donors effective implementation of ECOWAP, the Conference (IDC) in the first quarter of 2010 Heads of State and Government urged the aimed at mobilising the necessary resources Commission to accelerate the establishment of for the socio-economic development of Guinea the regional fund and the operation of the Bissau. TheAuthority exhorted the international proposed institutional mechanism in this community to give full support to this collective regard. They also encouraged ECOWAS effort in order to assist the new Government to Member States to complete their respective bring peace and stability to Guinea Bissau. The national roundtables and initiate the process Summit directed the Commission to liaise with for the preparation of their agricultural the Government of Guinea Bissau and the EU investment operational plans. with a view to convening the IDC no later than April 2010. 15. Concerned with the issue of climate change, the Authority recognised the need for an 20. Guinea, The Authority hailed the signing of the ambitious and concerted global response. The Ouagadougou Joint Declaration of 15 January Authority encouraged continuation of the talks 2010 as a positive and critical step in the effort on this issue of critical interest at the to restore constitutional order and end the crisis international level, in order to bring lasting in Guinea. The Heads of State and Government solutions to this challenge, and mandated the praised the Guinean stakeholders for their Commission to accelerate the adoption of the maturity and commended the productive Climate Change Adaptation Plan aimed at mediation efforts of H.E. Blaise Compaore, reducing West Africa's vulnerability. President of Faso and ECOWAS Mediator, for the significant breakthrough in the crisis. They Regional Peace and Security encouraged him to continue with his mediation effort in order to ensure a successful transition. 16. Despite some remarkable improvement in the security situation, the Summit expressed 21. The Heads of State and Government called for concern with the relapse in the democratic speedy implementation of this Declaration, process of the region. The Heads of State and commended the nomination of Acting Government urged Member States to comply President, General Sekouba Konate and the with the various protocols on peace and appointment of the Prime Minister of Transition, security and mandated the ECOWAS Jean-Marie Dare, creation of a National Commission to Intensify efforts to support Transition Council and formation of the Member States in this process. transition Government. The Heads of State and Government urged all stakeholders in the 17. Reviewing recent developments in the political transition process to cooperate with the and security situation, the Heads of State and transition authorities in order to continue this Government arrived at the following process, especially the finalisation of observations and decided as follows: preparations for the holding of free and transparent elections within the 6-month 18. Guinea Bissau, The Authority assured H.E. deadline as stipulated in the Declaration. They Malam Bacai Sanha, President ofthe Republic also expressed satisfaction on the take-off of of Guinea Bissau of its support in the a joint ECOWAS/AU/UN cooperation mission to implementation of measures to enhance good support the reform measures undertaken in the governance, control impunity and drug defence and security sector by General Lamine trafficking. The Authority also agreed to Cisse. facilitate the mobilisation of resources to support reforms in the security sector, provision 22. The Heads of State and Government reiterated of basic social services and capacity building the need for members of the National Transition of economic structures. The Authority urged Council, Head of the Transition Government, the ECOWAS Commission, in collaboration with members of the CNDD, Prime Minister and the African Union, to finalise the modalities for members of the Government of National Unity assistance to the Government of Guinea Bissau as well as serving members of the defence and in the implementation of these initiatives. security forces not to be candidates in the next elections.

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23. The Authority expressed its strong commitment ECOWAS Mediator. It urged the two parties to to the mobilisation of international support for show greater flexibility and put the interest of the comprehensive post electoral reforms of the country above all other considerations in the defence and security sector, urgent socio orderto end the current impasse and quickly economic assistance and revitalisation of the return the country to constitutional legality. Guinean economy. To that end, the Summit appealed to the International Community and 29. To consolidate this mediation effort, the Heads the technical and financial partners to support of State and Government endorsed the Guinea for a successful transition, institutional resolution of the African Union urging dialogue reforms and rapid economic recovery. as the instrument to achieve political consensus in order to end the crisis. The Summit 24. The Heads of State and Government took note encouraged the mediator to continue with his of the positive role being played by the efforts and requested the African Union to International Contact Group on Guinea (ICG- complement the work of General Abdulsalami G) and expressed the hope that it would A. Abubakar in the spirit of the close continue to support Guinea through the cooperation existing between the two transition. Institutions by designating a Special Envoy on Niger. H.E. Maitre President 25. The Heads of State and Government directed of the Republic of Senegal accepted to avail the President of the Commission to review the himself to the mediation process for travelban imposed on some Guineans following consultation. the 28 September 2009 massacre and to come up with a revised listtargeting only those found 30. . The Summit took note of the forthcoming to have been directly involved in the Presidential election originally scheduled for massacres, or to be impeding the 28th February 2010 but which has been implementation of the Ouagadougou postponed to 4 March 2010 due to some Declaration. technical challenges. It welcomed the 26. Cote d'lvoire. The Heads of State and deployment of an ECOWAS civilian-military Government urged all political stake holders election observer mission as an important in Cote d'lvoire to take appropriate measures confidence building measure and the to continue with the peace process in commitment of ECOWAS to the consolidation accordance with the relevant provisions of the of democracy. Preoccupied by the need to build Ouagadougou Political Agreement and on the gains of national reconciliation resulting complementary agreements. Consequently, the from the inter-Togolese dialogue, the Heads Authority urged the facilitator and all political of State and Government appealed to all stakeholders in Cote d'lvoire to pursue stakeholders involved in the electoral process dialogue with a view to rapidly resolving to take necessary measures to ensure a outstanding issues relating in particular to the peaceful environment for the organisation of finalisation of the electoral list and the fixing of free, transparent and credible election which a firm date for the said elections. respects constitutional provisions. The Summit congratulated the Facilitator and all political 27. The Authority lauded the diplomatic efforts of stakeholders for their commitment in this H.E. Blaise Compaore, President of Faso and regard. Facilitator of the Inter-lvorian Dialogue, for the progress made so far and urged him to 31. Reaffirming its determination to fight against continue his mediation efforts. terrorism, the Authority unreservedly condemned the terrorist attack perpetrated 28. Niger. The Heads of State and Government against the Togolese national football team on commended General Abdulsalami A. Abubakar 8th January 2010 at the 27th edition of the for his tireless mediation efforts in Niger. The African Cup of Nations. It conveyed its sincere Authority of Heads of State and Government condolences and sympathy to the Government regretted the limited progress made inthe Inter- and people of Togo, in particular the families Nigerien Dialogue started on 21st December of the victims of the attack. Regarding the 2009 under the facilitation of General suspension of Togo from the next two editions Abdulsalami A. Abubakar, former Head of State of the Confederation of African Football (CAF) of the Federal Republic of Nigeria and tournaments, the Heads of State and

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Government expressed regret at the CAF Election of Chairman of the Authority decision and launched an earnest appeal to it to review its decision and to resolve this issue, 36. The Heads of State and Government elected taking into account traditional African values Dr. Goodluck Ebele JONATHAN, GCON, Acting of compassion and humanity. They directed President of the Republic of Nigeria as the President of the ECOWAS Commission to Chairman of the Authority of ECOWAS Heads work closely with the President of the West of State and Government for a one-year term. African Football Union (WAFU) to bring this matter up at the next meeting of the CAF 37. The Heads of State and Government decided Executive Committee in Lubumbashi, DRC, on to implement their earlier decision A/DEC.27/ 19 February 2010 with a view to lifting the ban 01/06 on the rotation of the chairperson of on Togo to enable itto take part in the draw for ECOWAS. In that regard, they directed the CAF 2012, scheduled for 20 February 2010. Commission to propose a clear calendar of rotation, which shall take into account the Institutional matters alphabetical order of Member States to be presented to the next Summit of the Authority 32. The Authority expressed satisfaction at the in June 2010 and to come into effect from significant appointment of the President of the December 2010. ECOWAS Commission, Dr. Mohamed Ibn Chambas as Secretary General of the ACP 38. The Heads of State and Government paid Group. The Heads of State and Government glowing tribute to His Excellency Alhaji Musa heartily congratulated Dr. Chambas for the Yar' Adua, GCFR. President, Commander-in- outstanding achievements recorded in the Chief of the Armed Forces of the Federal region during his term of office, particularly the Republic of Nigeria, and Chairmanof ECOWAS impressive and brilliant contribution he made for showing great qualities of a Statesman, his in opening new ECOWAS integration avenues. total and ready disposition to the ECOWAS To ensure continuity and proper functioning of cause and positive contribution to the the Commission, the Summit appointed consolidation of the regional integration Ambassador Victor Gbeho, a national of process, and to the entrenchment of Ghana, as the President of the ECOWAS democratic culture in West Africa. Commission until the end of December 2010. 39. They expressed their deep gratitude to His 33. Regarding the rotation of the President, the Excellency Dr Goodluck Ebele Jonathan, Vice President, and Commissioners of the GCON,Acting President, Commander-in-Chief ECOWAS Commission, the Heads of State and of the Armed Forces of the Federal Republic Government directed the President of the of Nigeria, for the generous and African Commission to present a proposal on the hospitality accorded them during their stay in modalities of rotation at the next meeting of the Abuja. Council of Ministers which, in turn, will present its report to the next Summit of the Authority in 40. The Authority wished the peoples of Nigeriaand June 2010. other Member States of the region good health, joy and prosperity in the 50th anniversary 34. The Heads of State and Government celebration of their independence. commended the Government of Liberia for acceding to the Protocol between the Member 41. They also expressed their appreciation to the States of WAMZand viewed Itas a positive step ECOWAS development partners for their towards the monetary union. constant support toward the attainment of ECOWAS objectives and the keen interest 35. The Authority of Heads of State and shown in the development of the West African Government approved the establishment of an region as well as the consolidation of regional ECOWAS Peace Support Operations Logistics peace and security. Facility in Freetown, for which a Headquarters Agreement was signed between the ECOWAS 42. The next Ordinary Session of the Authority of Commission and the Government of Sierra Heads of State and Government will be held at Leone at a ceremony performed during the a date to be communicated after consultation session. with the current Chairman of the Authority.

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VOTE OF THANKS

The Heads ofState and Governmentexpressed their deep gratitude to His Excellency Dr. Goodluck Ebele Jonathan, GCON, Acting President and Commander in Chief ofthe Armed Forces ofthe Federal Republic of Nigeria, for the generous and African hospitaltty accorded them during their stay in Abuja. The Authority wished the people of Nigeria good health, joyand prosperity inthe 50th anniversarycelebration of their independence.

DONEATABUJA, THIS 16th DAY OF FEBRUARY 2010

THE AUTHORITY

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