AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: 517 700 Fax: 5130 36

website: www. www.au.int

PERMANENT REPRESENTATIVES’ COMMITTEE

THIRTY SECOND ORDINARY SESSION

10 - 12 JULY 2016

Kigali, RWANDA

PRC/Rpt(XXXII)

Original: English/French

REPORT

PRC/Rpt(XXXII)

TABLE OF CONTENTS

SECTION I: INTRODUCTION ........................................................................................... 1

SECTION II: CONSIDERATION OF FINANCIAL AND BUDGETARY MATTERS (Sub-Committee) ................................................................................................... 5

SECTION III: CONSIDERATION OF POLITICAL ISSUES ............................................... 12

SECTION IV: CONSIDERATION OF MATTERS RELATING TO AGENDA 2063 ............. 13

SECTION V: CONSIDERATION OF THE REPORTS OF THE SPECIALIZED TECHNICAL COMMITTEES (STCS) THAT HAVE LEGAL, FINANCIAL OR STRUCTURAL IMPLICATIONS in line with decision Assembly/AU/Dec.582 (XXV) adopted in Johannesburg, South Africa in June 2015 ................................................................................................... 14

SECTION VI: CONSIDERATION OF MATTERS RELATED TO OTHER AU ORGANS.... 20

SECTION VII: CONSIDERATION OF MATTERS RELATING TO OTHER AU INSTITUTIONS AND SPECIALIZED AGENCIES........................................ 32

SECTION VIII: ITEM PROPOSED BY A MEMBER STATE ................................................ 32

SECTION IX: CONSIDERATION OF THE DRAFT AGENDA OF THE 29TH ORDINARY SESSION OF THE EXECUTIVE COUNCIL AND THE 27TH ORDINARY SESSION OF THE ASSEMBLY OF THE AFRICAN UNION ....................... 33

SECTION X: ADOPTION OF THE REPORT OF THE PERMANENT REPRESENTATIVES’ COMMITTEE (PRC) AND THE DRAFT DECISIONS AND DECLARATIONS OF THE 29TH ORDINARY SESSION OF THE EXECUTIVE COUNCIL AND THE 27TH ORDINARY SESSION OF THE ASSEMBLY OF THE AFRICAN UNION ...................................................... 34

SECTION XI: ANY OTHER BUSINESS............................................................................. 34

SECTION XII: CLOSING .................................................................................................... 34

PRC/Rpt(XXXII) Page 1

REPORT OF THE THIRTY-TWO ORDINARY SESSION OF

THE PERMANENT REPRESENTATIVES’ COMMITTEE (PRC)

SECTION I: INTRODUCTION

1. The Thirty-Second Ordinary Session of the Permanent Representatives’ Committee

(PRC) was held from 10 to 12 July 2016 in Kigali, Rwanda, under the chairpersonship of H.E.

Mr Cherif Mahamat Zene, Ambassador of the Republic of Chad and Chairperson of the PRC.

2. As is customary, the PRC held preparatory meetings from 30 June to 4 July 2016, in

Addis Ababa, Ethiopia, during which it:

i) Reviewed and adopted the Work Programme for its preparatory meetings;

ii) Reviewed and updated the draft agendas of its 32nd Ordinary Session and those of

the 29th Ordinary Session of the Executive Council and the 27th Ordinary Session of

the Assembly as well as the draft programme of parallel events and meetings;

iii) Considered the working documents on the items proposed for consideration by the

29th Ordinary Session of the Executive Council and the 27th Ordinary Session of the

Assembly, in accordance with Rule 4.1 (c) of its Rules of Procedure.

3. In this regard, the preparation of the Agenda of the PRC, the Executive Council and

the Assembly and the Programme of the Summit was informed and guided by the outcome of

the consultations between the Chairperson of the Commission and the Chairperson of the

Union, as well as the President of the Republic of Rwanda (host of the July 2016 Summit) on

the one hand, and in compliance with Assembly Decision AU/Dec.582(XXV) of June 2015 on

the streamlining of AU Summits and Methods of work on the other. The PRC, through its

Bureau, worked in close collaboration with the Commission and the Regional Deans

throughout the Summit preparation exercise.

4. As is also the practice, the PRC seized the opportunity of its Session to welcome the

following new Permanent Representatives:

H.E. Mr. Cherif Mahamat Zene of the Republic of Chad;

H.E. Mr. Claude Nyamugabo of the Democratic Republic of Congo;

H.E. Ms. Marie Edith Tassyla Ndoubeneni of the Republic of Gabon;

H.E. Dr. Mohamed Ali –Nur Hagi of the Federal Republic of Somalia;

H.E. Mr. James Pitia Morgan of the Republic of The South Sudan;

H.E. Mr. Sebade Toba of the Republic of Togo;

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H.E. Mr. Bass Abal Abasse of the Islamic Republic of Mauritania;

H.E. Mr. Dieudoné Ndabarushima of the Republic of Burundi.

5. In the course of its preparatory work, the PRC was briefed by Representatives of the

Commission and a delegation from the Republic of Rwanda, led by H.E. Mrs. Hope Tumu

Kunde, Ambassador of the Republic of Rwanda and Permanent Representative to the African

Union on the logistics, protocol and security arrangements for the upcoming 27th Ordinary

Session of the Assembly. More specifically, the briefing touched on aspects such as:

i) Contact person for information;

ii) Escorts of Honour/Escorts of Protocol;

iii) Registration/Accreditation (Passes, Badges and Invitations);

iv) Accommodation and Hospitality;

v) Local transportation;

vi) Car passes;

vii) Security arrangements outside AU Headquarters and fire arms;

viii) Media and press equipment;

ix) Aircraft clearance;

x) Visa formalities;

xi) Arrival and departure ceremonies at Kigali;

xii) Official functions (Summit, Reception, Lunch and Dinner);

xiii) Conference Website;

xiv) Protocol and Administrative Guidelines.

a) OPENING CEREMONY

i) Welcome Remarks by the Representative of the Host Country

6. The Representative of the Host Government, H.E. Ambassador Jeannine Kambanda,

Permanent Secretary in the Ministry of Foreign Affairs of the Republic of Rwanda, extended a

warm welcome to all participants to the formal opening of the 32nd Ordinary Session of the

Permanent Representatives Committee. She stated that the hosting of the Kigali Summit as

a memorable event for the people of Rwanda and that by doing so, the people of Rwanda

wished to reiterate their commitment to the Union. She underlined that this Summit would

help to further assist to popularize the Agenda 2063 in the country.

7. She recalled the importance of the PRC, in the decision making process of the Union.

She underscored the importance of the Theme of the Summit, “Human Rights, with particular

focus on the Rights of Women” and that the same was at the heart of the Rwandan people

PRC/Rpt(XXXII) Page 3

and one with which they identify themselves. She expressed gratitude to H.E. President Paul

Kagame for appointing Rwandan women to important positions.

8. She expressed optimism that the present session would pave the way for the

transformation of the Union and would mark the beginning of the effective rationalization and

streamlining of AU Summits.

9. She called on participants to seize the opportunity offered by the Summit to enjoy to

the legendary hospitality of the Rwandan people and concluded by wishing the PRC fruitful

deliberations.

ii) Statement by H.E. Dr. Nkosazana Dlamini Zuma, Chairperson of the African

Union Commission

10. The Chairperson of the African Union Commission, Dr Nkosazana Dlamini Zuma

extended a very warm welcome to all the participants attending the Thirty-second Ordinary

Session of the PRC in the fast-developing city of Kigali, which is a testimony to the efforts by

Rwanda to ensure the wellbeing of its population. She commended the Government and the

people of Rwanda for their dynamism and determination to give women their rightful place in

society.

11. She stated that the Commission whose term was coming to an end during this session

had a duty to submit an assessment, adding that the activities of the Commission formed part

of the efforts aimed at strengthening cooperation with the PRC in the implementation of key

areas, including autonomy, cooperation, independence and pan-Africanism. Dr. Nkosazana

Dlamini Zuma underscored the relevance of such cooperation in the implementation of

regional programmes. She however noted that such programmes were losing momentum due

to mounting nationalism as evidenced by the single African aviation sector which had

recorded a significant loss of more than forty percent (40%) of its market share. She further

stated that the main role of the PRC was to work towards building a balance between national

and international interests, which it had ably done in the areas of peace and security as well

as election monitoring processes. She expressed satisfaction at the solidarity demonstrated

by Africa during the outbreak of the Ebola epidemic. She expressed the wish that the same

spirit would prevail in the course of the implementation of Agenda 2063.

12. The Chairperson of the Commission raised the thorny issue of the financial

dependence of the AU on partners and, in this regard, called for the implementation of the

decision of the AU policy organs to ensure the financial autonomy of the Union. She equally

called on the PRC to strengthen its cooperation with the Commission with a view to ensuring

full domestication of Agenda 2063 in national development plans and ensure that the

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Commission submits a report in this regard to the 28th Summit in January 2017. In the same

vein, she called for the speedy implementation of the continental free trade area to enhance

Africa’s visibility on the global scene.

13. The Chairperson concluded by inviting the PRC to also strengthen cooperation with all

the other AU organs to build a union of peoples.

iii) Opening Remarks by the Chairperson of the Permanent Representatives’

Committee (PRC)

14. In his opening remarks, H. E. Amb. Cherif Mahamat Zene, Ambassador of the

Republic of Chad and Chairperson of the Permanent Representatives’ Committee (PRC),

expressed sincere appreciation to the Government and people of the Republic of Rwanda for

the warm welcome and excellent hospitality provided to all delegations. He acknowledged

the path to reconciliation, fight against corruption and the tremendous socio-economic

transformation of the country after the horrendous genocide witnessed in 1994.

15. The Chairperson emphasized that the agenda of the PRC had been structured taking

into account the outcome of the consultations she undertook with the Chairperson of the

Union and the host President. He highlighted some critical agenda items such as the AU

budget for 2017, the Specialized Technical Committees Reports as well as the overall

activities of the Commission and other AU Organs. He finally proposed ways and means for

further streamlining the working methods of the Union, towards the effective realization of

regional and continental integration and development.

16. In this regard, the Chairperson of the PRC stressed the need for all AU Organs to take

into full account the legal, financial and structural implications avoiding the proliferation of new

structures which cannot be operationalized due to our limited financial and technical capacity.

17. He intimated that PRC and the AUC need to work closely together in ensuring smooth

preparation of the meetings of the Superior Organs in the spirit of Decision

Assembly/AU/Dec.582(XXV) on the streamlining of the AU Summits. This will include among

others: the development of a realistic programme of work at the beginning of each year

presentation of one single annual activity report, introduction of a sound evaluation system of

the implementation of decisions as well as the rationalization of thematic debate of the

Assembly in line with set priorities.

18. The Chairperson of the PRC invited the Meeting to observe a minute of silence in the

memory of H.E. Gerard Mapango Kamishenga, former Ambassador of the Democratic

Republic of Congo and former Overall Dean of the African Diplomatic Corps in Addis Ababa.

PRC/Rpt(XXXII) Page 5

b) ATTENDANCE

19. The following Member States were in attendance: Algeria, Angola, Benin, Botswana,

Burkina Faso, Burundi, Cape Verde, Cameroon, Central African Republic, Chad, The

Comoros, Congo, Côte d’Ivoire, Democratic Republic of Congo, Djibouti, Egypt, Guinea

Bissau, Equatorial Guinea, Guinea Bissau, Eritrea, Ethiopia, Gabon, The Gambia, Ghana,

Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius,

Mozambique, Namibia, Niger, Nigeria, Rwanda, Saharawi Arab Democratic Republic (SADR),

Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, The Sudan,

Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.

c) ADOPTION OF THE AGENDA

20. The PRC adopted its draft agenda.

d) ORGANIZATION OF WORK

21. The PRC adopted the following working hours:

Morning : 10:00 Hours – 13:00 Hours.

Afternoon : 15:00 Hours – 18:00 Hours.

SECTION II: CONSIDERATION OF FINANCIAL AND BUDGETARY MATTERS (Sub-

Committee)

1) Consideration of the 2017 Budget of the African Union - EX.CL/956(XXIX)

22. The Report was presented by H.E. Mr. Mull Katende, Ambassador of the Republic of

Uganda and Chairperson of the Sub-Committee. The presentation focused on the 2015

budget execution report of the AU, and the 2017 budget of the AU. The proposed 2017

budget for the Union, including AMISOM, stands at US$782,108,049 which is 2.4 per cent

lower than the 2016 approved budget: operating budget of US$488,525,786 (62%) and

program budget of US$293,582,263 (38%).

23. After the presentation, comments and observations were made as follows:

i) The Sub-Committee was commended for a thorough and detailed report;

PRC/Rpt(XXXII) Page 6

ii) The Commission should harmonize the figures contained in the budget to ensure

coherence and consistency;

iii) The budget should also include activities relating to the AU Theme for 2017 as

well as the roadmap for its implementation;

iv) The Commission should regularly update the PRC on the status of the Reserve

Fund;

v) Member States should pay their assessed contributions in the first quarter of the

budget year in line with the rules;

vi) The Commission should regularly update the PRC on the status of payment of

assessed contributions by Member States;

vii) Attention should be given to the issue of low absorption rate of the budget and the

attendant low execution of programmes;

viii) There is need to reverse the priority given to the operating budget vis-a-vis the

program budget, and to focus on results-based budget rather than activities;

ix) The consideration of the budget should follow the meetings of the Sub-

Committees on Structures, and Programmes and Conferences, to ensure proper

coherence and synergy;

x) The recently established Internal Programme and Budget Committee should be

strengthened to effectively scrutinize budget proposals before their presentation

to the Sub-Committee on Budget;

xi) There is need to put in place expeditiously a robust budget accountability and

oversight mechanism in line with the decisions adopted by the Policy Organs;

xii) There is also need to implement programmes within Agenda 2063 that will have

substantial impact on the lives of the people;

xiii) The existing sanctions regime should be reviewed with a view to making them

more stringent and should be strictly enforced.

24. In response, the Deputy Chairperson of the Commission clarified as follows:

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i) The establishment of the Internal Programme and Budget Committee was a

welcome development and the team should be strengthened to enable it

discharge its mandate;

ii) The preparation of the budget was based on the budget framework which was

adopted by the Sub-Committee on Conferences and Programmes;

iii) The Commission is statutorily mandated to update on the status of the Reserve

Fund and all other funds and commits to do so on a regular basis;

iv) Member States should pay their assessed contributions on the first day of a

budget year, in accordance with the AU Financial Rules and Regulations to

ensure adequate execution rate of the budget during the first semester;

v) The Sub-Committee on Contributions should ensure that Member States honour

their financial obligations by applying the sanctions strictly;

vi) There is need to reverse the imbalance between the percentage of funds

allocated to the operational budget and those to the programme budget;

vii) The establishment of the accountability and oversight mechanism should be

done expeditiously with the support of the PRC;

viii) Need for the identification and execution of specific programmes and projects that

would have continental impact in line with Agenda 2063.

25. Further clarifications were provided by both the Director for Programming, Budgeting,

Finance and Accounting and the Chairperson of the Sub-Committee. Specifically, the Director

undertook to amend the inconsistencies and discrepancies on the figures contained in the

Report, and committed to improve on the format of subsequent budget.

26. In conclusion, the PRC:

1) Commends the Advisory Sub-Committee on Administrative, Budgetary and

Financial Matters for the excellent work done on the 2017 budget preparation and

the diligent manner in which it has accomplished its task;

2) Recommends to the Executive Council to:

PRC/Rpt(XXXII) Page 8

i) Take note of the Report and the recommendations contained therein as well

as the pertinent comments and observations made by the Member States;

ii) Adopt the recommendations and in turn recommend to the Assembly to:

a) Approve the total budget of $782.108.049 for the year 2017, broken

down as follows:

- $488.525.786 representing 62% of the total budget for the

operational budget;

- $293.582.263 budget representing 38% of the total budget for the

programmes.

b) Further approve that the 2017 budget be financed as follows:

- $205.149.538 by Member States representing 26% of the budget;

- $576.958.511 by development partners representing 74% of the

budget.

c) Emphasize the need for ownership of AU Programmes by Member

States through honouring their financial commitments to the Union, in

particular the Flagship Projects of the First Ten (10) Year

Implementation Plan of Agenda 2063 and to minimize dependency on

External Funding;

d) Direct the Commission, in collaboration with the PRC, to follow-up on

the implementation of the Decision on the study on the review of the

sanctions regime to be imposed on Member States that default in the

payment of contributions, to make it more effective and efficient; and to

make appropriate recommendations to the Policy Organs thereon.

3) Requests the Commission to:

i) Take the necessary measures to improve, at the level of the Commission

and other Organs the quality and execution rate of the budget against

available funds and to ensure that Member State pay up their contributions

latest during the first quarter;

PRC/Rpt(XXXII) Page 9

ii) Provide monthly updates to Member States on the status of their

contributions;

iii) Provide quarterly updates on the status of the Reserve Fund and other

funds;

iv) Strengthen the internal control mechanisms to ensure judicious utilization of

the resources put at the disposal of the Union and the enhancement of

accountability;

v) Also strengthen the Internal Programme and Budget Committee with a view

to ensuring that it delivers effectively and efficiently on its mandate to review

all budget proposals before they are submitted to the PRC, through its Sub-

Committee;

vi) Examine its programmes to ensure that they have relevant impact on the

lives of the population and, in this regard, also review the ratio of allocations

to the programmes vis-à-vis the operational budget;

vii) Ensure that the financial implications of the structural review of the

Commission and other AU Organs does not translate into a significant

increase in the 2017 Budget but be staggered over a reasonable period;

viii) Further strengthen the Performance Management system of the Union in

general and, in particular, the monitoring and evaluation tool guided by the

Strategic Plan and the Roadmap.

2) Consideration of the Audit Recommendations - EX.CL/957(XXIX)

27. The Report was presented by H.E. Mme Monica Nashandi, the Ambassador of

Namibia, standing in for the Ambassador of The Gambia, Chairperson of the Sub-Committee

who was unable to attend the Meeting due to other commitments. After the presentation,

comments and observations were made as follows:

i) The Audit recommendations are important as they reflect on the integrity of the

Union;

ii) Commission: in line with Executive Council Decision EX.CL/877(XXVII), the

Commission should present a comprehensive matrix of all outstanding

recommendations with time frames to facilitate monitoring;

PRC/Rpt(XXXII) Page 10

iii) The Pan African Parliament: the issues of the opening of multiple bank accounts,

the dormant accounts and the establishment of an Appointment, Promotion and

Recruitment Board (APROB) for the recruitment of staff were highlighted;

iv) NEPAD Planning and Coordination Agency (NPCA):The non-refund of VAT on

purchases made by NEPAD for the period 2011-2013 which in the view of the

host country could not be attributed to the South Africa government;

v) African Court on Human and Peoples Rights: the recommendations made are not

strong enough with respect to the findings, including the disbursement of large

sums of money. However, the mitigation factors are the fact, among others that

the Judges do not reside at the Seat of the Court;

vi) Board of External Auditors: contrary to what is mentioned in the report, the

Auditor from Equatorial Guinea did not participate in the audit work because of

illness which eventually led to his passing away. The Embassy of Equatorial

Guinea subsequently transmitted a Note Verbale to the Dean of the Central Africa

Region informing him of same as well the name of its new representative who is

still awaiting his mission letter. The audit of the ;The institutional memory role of

external auditors should always be maintained through the partial renewal of the

auditors;

vii) All Audit recommendations to be made should be in line with Executive Council

Decision EX.CL/Dec.899( XXVIII) of January 2016 for reasons of consistency;

viii) In line with the preparations for the Assembly Retreat of 16 July 2016 on

financing of the AU, the Commission should promptly make available to the PRC

information on the audit of the Reserve Fund and Capital Reserve Fund clearly

highlighting, among other things, their exact respective balances. The PRC

should take advantage of the Retreat to take stock of the financial situation of the

AU and draw the attention of the Executive Council thereof.

28. The Deputy Chairperson of the Commission and the Director of Internal Audit provided

responses to some of the issues raised:

i) The non-refund of VAT on purchases made by NEPAD was a technical problem

arising from the need to reconcile the accounts of NEPAD before and after its

formal integration into the AU;

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ii) The cash disbursements at the African Court of Human and Peoples Rights can

be justified by the difficulties generally encountered in opening bank accounts

abroad since not all staff of the African Court are based at the headquarters of the

institution;

iii) The PAP had to open several bank accounts following the insistence by some

partners who prefer that the funds that they provide are lodged in separate

accounts. However, the trend is now in decline;

iv) Initially when PAP was set up, it was its bureau that carried out recruitment. The

practice has now ceased and recruitments at PAP are done in line with the

relevant rules and regulations of the AU, through APROB.

29. The Chairperson of the PRC offered his condolences to the delegation of Equatorial

Guinea for the death of their compatriot and congratulated them for having nominated a new

auditor.

30. In conclusion, the PRC adopted the Report and all the recommendations contained

therein with the following additional recommendations to the Executive Council:

i) All the recommendations contained in the report must be accompanied by an

implementation period, where applicable;

ii) The implementation matrix of the recommendations should be developed in

accordance with the relevant decision of the Executive Council taken at its 27th

Ordinary Session held in Johannesburg, South Africa in June 2015;

iii) The renewal of the team of auditors should comply with the principle of

staggering of the terms of office to prevent all auditors from being new and

therefore with no institutional memory;

iv) Regarding the development of terms of reference for the auditors, regional deans

should work on the basis of the provisions of the relevant decision of the

Executive Council EX.CL/Dec.899(XXVIII);

v) The PRC Sub-Committee on Headquarters and Other Host Agreements should

address the difficulties related to the opening by the AfCHPR of accounts abroad

to avoid cash payments;

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vi) To strengthen the services of Internal Audit, the Sub-committee on Audit Matters

should work in synergy with the PRC Sub-Committee on Structures to determine

the adequate structure for the Office.

SECTION III: CONSIDERATION OF POLITICAL ISSUES

1. The Situation in the Middle East and Palestine - EX.CL/961(XXIX)

31. The Report and the Draft Declaration were presented by a Representative of the

Commission (Department of Political Affairs).

32. Subsequently, comments and observations were made, and clarification sought as

follows:

i) The Report does not adequately address the issue of Israeli Settlements;

ii) The Report needs to condemn in strong terms the actions taken by Israel;

iii) The need to call on all the parties to attend the negotiations;

iv) Whether the conclusions and recommendations in the report would be reflected in

the draft Declaration to be submitted to the Assembly.

33. In his response, the Director of Political Affairs confirmed that the recommendations in

the Report would be incorporated in the draft Declaration.

34. In conclusion, the PRC:

i) Took Note of the Report and the draft Declaration as well as the pertinent

comments and observations of Member States;

ii) Reaffirmed the Union’s solidarity and unflinching support to the cause of the

Palestinian People;

iii) Agreed that delegations that wished to make inputs to the draft Declaration with

a view to enriching it should do so through the Department of Political Affairs

including reaffirming the boycott of Israeli products from the occupied territories,

the call for the lifting of the embargo on Gaza and condemning Israel for freezing

the funds;

PRC/Rpt(XXXII) Page 13

iv) Recommended the Draft Declaration for consideration by the Executive Council.

SECTION IV: CONSIDERATION OF MATTERS RELATING TO AGENDA 2063

1. Progress Report on Domestication of the First Ten Year Implementation

Plan of Agenda 2063 - EX.CL/963(XXIX)

35. The Report was presented by the Commissioner for Economic Affairs. An additional

presentation was by a Representative of the Department of Strategic Planning, Monitoring

and Evaluation. It was noted that twenty seven (27) Member States had been visited within

the framework of domestication of Agenda 2063 and the same exercise is being carried within

the Commission and with the other AU Organs.

36. After the presentations, comments and observations were made as follows:

i) The Department of Economic Affairs should, in connection with the

implementation of Agenda 2063, work closely with the PRC Sub-Committee on

Multilateral Cooperation in particular as it relates to the comparative advantage of

the various partners (China, EU, Japan, USA, South Korea and the Arab

countries) and since the latter have pledge to support the implementation;

ii) There is need to provide guidelines for the technical missions carried out by the

Commission;

iii) What are the steps taken by the Commission to monitor the Member States

already visited within the framework of promoting ownership of the Agenda 2063?

iv) Are the visits to Member States undertaken on the initiative of the Commission or

at the request of Member States?

v) The Commission should share with Member States the mission reports of the

countries already visited.

37. In response to the questions, the Commission stated that:

i) The collaboration between the Department of Economic Affairs and the PRC Sub-

Committee on Multilateral Cooperation is essential in the context of the

implementation of Agenda 2063 and will be pursued;

PRC/Rpt(XXXII) Page 14

ii) Monitoring the domestication of Agenda 2063 by the Member States, and

assessment of its implementation will be undertaken within the framework of

meetings involving all the stakeholders;

iii) Regional retreats between the Commission and national planners have been

planned to assess the level of domestication of Agenda 2063 by Member States;

iv) The visits to Member States are not compulsory as the latter have the option to

decide on their process for domestication. However, some countries have chosen

to domesticate Agenda 2063 by aligning their strategic plans on the 17 pillars.

38. In conclusion, the PRC recommended to the Executive Council to:

i) Take note of the progress made in the domestication of the first ten-year

implementation plan of Agenda 2063;

ii) Consider the progress report on domestication of Agenda 2063 alongside the

Report of the Ministerial Follow-up Committee on Agenda 2063;

iii) Call on all Member States that have not yet domesticated Agenda 2063 to do so

expeditiously.

SECTION V: CONSIDERATION OF THE REPORTS OF THE SPECIALIZED TECHNICAL

COMMITTEES (STCS) THAT HAVE LEGAL, FINANCIAL OR STRUCTURAL

IMPLICATIONS in line with decision Assembly/AU/Dec.582 (XXV) adopted

in Johannesburg, South Africa in June 2016

1. Report of the 1st Conference of the STC on Agriculture, Rural Development,

Water and Environment, Addis Ababa, Ethiopia, October 2015 -

EX.CL/969(XXIX)

39. The Report was presented by a Representative of the Commission (Department of

Rural Economy and Agriculture).

40. The discussions that ensued highlighted the fact that the Report submitted was not

accurate and required amendments that were forwarded to the Commission by the Members

of the Bureau.

PRC/Rpt(XXXII) Page 15

41. In conclusion, the PRC decided to defer consideration of the Report to a later date and

called on the Bureau and the Commission to ensure that the same is in line with the outcome

of the meeting.

2. Report of the STC on Gender and Women Empowerment held in Addis

Ababa, Ethiopia in 2015 and in Khartoum, The Sudan in 2016 -

EX.CL/970(XXIX)

42. The Report was presented by the Director, Women, Gender and Development

Directorate. After the presentation, comments and observations were made as follows:

i) The Report should be structured in a manner that all the recommendations stand

out clearly;

ii) The wording of paragraph 25, which contains implicit religious references should

be reviewed to make it more neutral in line with the drafting practise of the Union;

iii) There is need to clarify the mandate of the STC stating that it relates to the

empowerment of women or any other issue relating to gender;

iv) The recommendations are contained in the Declaration attached and there is

need to agree on the status of same.

43. The PRC stressed the importance of this Report in particular because of its relevance

to the theme of the Kigali Summit devoted to human rights with focus on the rights of women,

and to the Pre-summit event which would discuss gender equality.

44. In conclusion, the PRC:

i) Took note of the Report and the Draft Declaration;

ii) Requested the Commission (The Women, Gender and Development Directorate)

to extract from the draft Declaration, issues that require the attention of the Executive Council and to submit a Draft decision in this regard for consideration.

PRC/Rpt(XXXII) Page 16

3. Report of the 9th Joint Annual Meetings of the AU STC on Finance,

Monetary Affairs, Economic Planning and Integration and the United

Nations Economic Commission for Africa (UNECA) Conference of African

Ministers of Finance, Planning and Economic Development, Addis Ababa,

Ethiopia, 31 March to 5 April 2016 - EX.CL/971(XXIX)

45. The Report was presented by the Commissioner for Economic Affairs who undertook

to align it in future with the standards agreed to by the PRC and focus on recommendations

that need to be brought to the attention of the Executive Council for consideration. After the

presentation, comments and observations were made as follows:

i) The Commission should provide the Annexes, the Report of the Committee of

Experts and the Resolution of the meeting;

ii) The Commission should prepare an executive summary for ease of reference;

iii) The Commission should prepare a brief note on the legal, financial or structural

implications inherent to the implementation of the decisions adopted by the STC;

iv) A draft decision should be annexed to the Report;

v) The PRC recommended that consideration of the Report should be deferred and

that the latter be given sufficient time to study the implications.

46. In conclusion, the PRC:

i) Took note of the Report;

ii) The PRC recommended that consideration of the Report should be deferred and

that the latter be given sufficient time to study the implications.

4. Report of the 1st Ordinary Session of the STC on Trade, Industry and

Minerals (STC-TIM), Addis Ababa, Ethiopia, 16 to 24 May 2016 -

EX.CL/972(XXIX)

47. The Report on the 1st Ordinary Session of the STC on Trade, Industry and Minerals

was presented by the Director, Trade and Industry following which the PRC made comments

and observations and sought clarification as follows:

PRC/Rpt(XXXII) Page 17

i) That the evaluation report on the African Minerals Development Centre(AMDC)

be submitted for consideration by the Executive Council and a decision be taken

on the country that would host the Centre;

ii) A comprehensive review of all STCs is envisaged where issues relating to

decisions on STCs among others would be considered;

iii) The Assembly will discuss the issue of the CFTA at its closed-closed session

scheduled for 16 July 2016 in Kigali, Rwanda therefore all concerns regarding

that issue would be addressed at that level;

iv) The presentation to be made in the closed-closed session should be very brief

and to the point with focus on the way forward to ensure that the deadline of

2017 is met.

48. In response to the issue on the AMDC Report, the Director explained that due to the

decision on streamlining of the Kigali Summit, the issue of hosting the AMDC would not be

discussed during the current Session of the Executive Council.

49. In conclusion, The PRC:

i) Took note of the Report;

ii) Requested the Commission to provide an explanatory note on the legal, structural

or financial implications of the recommendations contained in the Report as well

as a draft decision for consideration by the Executive Council.

5. Report of the 9th Ordinary meeting of the Specialized Technical Committee

on Defense, Safety and Security (STCDSS), Addis Ababa, Ethiopia, 1 to 4

June 2016 - EX.CL/973(XXIX)

50. The Report was presented by the Commissioner for Peace and Security.

51. The PRC, after pointing out that the Meeting had, at the end of its deliberations,

adopted a Declaration which contained all the recommendations, agreed to submit the said

Report and Declaration for consideration by the Executive Council.

PRC/Rpt(XXXII) Page 18

6. Report of the Second Session of the STC on Youth, Culture and Sport,

Addis Ababa, Ethiopia, 13 to 17 June 2016 - EX.CL/974(XXIX)

52. The Report was presented by the Commissioner for Social Affairs. After the

presentation, the following comments were made:

i) Paragraph 16 needs to be re-worded to reflect what was agreed on the item

during the meeting of the STC;

ii) The Report does not specify the nature of the support requested by the

Commission for the implementation of its activities;

iii) The Democratic Republic (DRC) recalled the proposal it submitted and which was

accepted by the STC to institutionalize an Africa Music Day in memory of the

artist/musician Jules Shungu Wembadio Pene Kikumba also known as “Papa

Wemba” who died on 24 April 2016 in Abidjan (Cote d’Ivoire);

iv) The delegation of Egypt reaffirmed the following points:

- What was mentioned in the STC Report regarding the importance of

restructuring the Sport Regions in the continent in the appropriate way;

- The essentiality of respecting the independence of sport, and the fact that it should not be subjected to the political interests and;

- The relevance of avoiding marginality of the Africa Sports federations, especially the ANOCA and the AUCSA.

The proposal made by Egypt that was not reflected in the STC Report to set up a

fund at the Commission to finance translation and interpretation courses that

could benefit the entire continent, and even can be used to translate African

heritage books to and from Arabic

v) The delegation of South Africa made an intervention that the STC decided that

the general managers of the AU Sport Council be included in the panel that will

be interviewing candidates for the vacant posts at the Headquarters of the AU

Sport Council in Yaoundé;

vi) During STC meetings, the Commission should constantly remind participants of

the financial difficulties faced by the Union so as to control the propensity to

create new structures. Consequently, decisions whose implementation will entail

PRC/Rpt(XXXII) Page 19

new funding should be avoided as much as possible since the funding capacity of

the AU is limited;

vii) Instead of introducing new projects, priority should be given to the implementation

of projects approved by the Assembly several years ago such as the

establishment of a Great Museum of Africa whose funding has been left solely to

Algeria, despite the continental dimension of the project. The project requires

technical and financial support from all Member States;

viii) Regarding the financing of FESPACO, there is an agreement under which the

Commission has pledged to make available to Burkina Faso the funds for the

prize award to be given to the artists. The Commission is still bound by the

agreement and cannot therefore stop the payments of the amounts due without

revoking the agreement;

ix) The STC urged the Commission to support FESPAM and requested Congo to

submit a working document on the role that all stakeholders should play in the

organization of the activities of FESPAM;

x) The STC agreed to the proposal presented by the Sudanese delegation to

convene a workshop in Khartoum, the Sudan in 2016 in collaboration with the

Commission on the African Cultural Capitals;

53. The Commissioner for Social Affairs provided the following responses to some of the

issues raised:

i) The Africa Music Day was proposed by the Ministers;

ii) In order to take into account the financial constraints, it is important that the

creation of new structures is preceded by prior identification of appropriate

sources of funding;

iii) The support requested by the Commission is to be used to finance the various

awards to be given during cultural and sports events.

54. Finally the PRC recommended that the Report should be submitted to the Executive

Council for consideration.

PRC/Rpt(XXXII) Page 20

SECTION VI: CONSIDERATION OF MATTERS RELATED TO OTHER AU ORGANS

a) Report on the Activities of the Pan African Parliament (PAP) -

EX.CL/975(XXIX)

55. The Report which covers the main activities of the PAP from October 2015 to May

2016 was presented by H. E. Hon. Roger Nkodo Dang, President of the Pan African

Parliament (PAP).

56. Subsequent to the presentation, comments and observations were made and

clarification sought as follows:

i) The reasons for the low level of ratification of the Protocol relating to the PAP and

the number of Member States that have actually ratified the Protocol;

ii) There is need for a more pro-active communication strategy in order to

encourage Member States to ratify the PAP Protocol;

iii) The report does not cover the period July to September 2015;

iv) The reasons for the low execution of 2015 budget at the PAP;

v) The actions taken by the PAP in the domestication of Agenda 2063 in Member

States;

vi) Was the Board on Appointment, Promotion and Recruitment created?

vii) There is need for a reflection on the outcomes of the 4th High-Level Dialogue on

Democracy, Human Rights and Governance that was held in Kigali, Rwanda, on

7-8 December 2015;

viii) The mandate of PAP should be broadened to include the fight against terrorism

and extremism;

ix) There is need for PAP to reflect on the recommendations of the Permanent

Committee on Cooperation, International Relations and Conflict Resolutions

following its fact-finding mission to Burundi from 23-27 November 2015.

57. In his response, the President of PAP clarified as follows:

PRC/Rpt(XXXII) Page 21

i) Based on information available to PAP, Mali is the only Member State that has

ratified the PAP Protocol;

ii) PAP has embarked on a pro-active communication strategy to encourage

Member States to ratify the PAP Protocol;

iii) The PAP uses all available opportunities to sensitize Member States to

popularize and domesticate Agenda 2063;

iv) The activities covered between July to September 2015 have been reported to

the non-statutory meetings of PAP;

v) The actual budget execution rate for 2015 stands at 84%;

vi) The Board on Appointment, Promotion and Recruitment has been established

and the recruitment process which began in June 2016 should be concluded by

mid-July 2016 taking into account the fact that the African Union Commission has

just released funds to PAP;

vii) Attention is being given to the fight against terrorism and extremism on the

continent.

58. The Legal Counsel on his part made suggestions on how to improve on the ratification

of AU Treaties and in this regard appealed to the PRC to play a pivotal role.

59. In conclusion the PRC recommends to the Executive Council to:

i) Take note of the Report and the recommendations contained therein;

ii) Call upon Member States to ratify the revised Protocol relating to the Pan-African

Parliament and deposit the instrument of ratification with the AU Commission;

iii) Encourages the Pan-African Parliament to reinforce its role in the domestication

of Agenda 2063;

iv) Urge the Pan-African Parliament to get involved in the fight against Terrorism and

Extremism on the continent through its relevant Committee.

PRC/Rpt(XXXII) Page 22

b) 40th Report of the African Commission on Human and People’s Rights -

EX.CL/968(XXIX)

60. The report was presented by the President of the African Commission on Human and

Peoples’ Rights.

61. Following the presentation, the observations were made by the following Member

States:

Algeria, Angola, Benin, Burkina Faso, Burundi, Chad, Democratic Republic of Congo,

Ghana, Egypt, Eritrea, Ethiopia, Equatorial Guinea, Kenya, Libya, Malawi, Rwanda,

Saharawi Arab Democratic Republic, South Africa, Tanzania and Zimbabwe.

62. The Chairperson of the ACHPR responded to the issues.

63. At the end of the discussions, the PRC decided that all the comments and

observations made by the various delegations as well as the responses provided by

Chairperson of the ACHPR should be annexed to the Report.

c) Report on the Relocation of the Seat of ECOSOCC to Lusaka, Zambia -

EX.CL/976(XXIX)

64. The Report was presented by the Presiding Officer of ECOSOCC.

65. After the presentation the members and the chairperson of the PRC made comments,

observations and requested for clarifications as follows:

i) The report did not conclude with recommendations relating to the issues raised;

ii) These problems are as follows:

• Lack of a legal counsel at ECOSOCC;

• Absence of representatives of civil society;

• Access to financial resources;

• Amendment to be made to the provisions of Article 14 of the Statute of

ECOSOCC;

• Release of funds provided by the World Bank,

PRC/Rpt(XXXII) Page 23

iii) The Commission should present a report on the proposal for the relocation of the

headquarters of the institution to Lusaka, Zambia.

66. The Chairperson of the PRC requested the legal counsel to advice on the modalities of

the implementation of the decision adopted by the Assembly in January 2016 on the

relocation of ECOSOCC to Lusaka, Zambia. He provided explanations as follows:

i) The implementation of the decision of the Conference is not contingent upon the

amendment of Article 14 of the Statutes of ECOSOCC;

ii) The Office of the Legal Counsel is working closely with CIDO in order to effect the

relocation;

iii) There is no legal problem to the relocation. It is only a question of submitting a

recommendation to the relevant STC in order to amend Article 14 of the Statutes

of ECOSOCC;

iv) The adoption of the recommendation makes the decision to relocate the

Headquarters to Lusaka enforceable.

67. After the discussions recommendations were made which focused more on the

problems impeding access to financial resources by ECOSOCC and on the relocation of the

institution's headquarters to Lusaka as follows:

i) The issue of funding of ECOSOCC is a recurrent one, therefore there is the need

to identify the source of the problem and solve it once and for all by indicating the

measures to be taken to effect;

ii) The Government of Zambia is working closely with CIDO so that all the necessary

measures are taken to finalize the new organization chart, with funding provided

by the World Bank;

iii) The Government of Zambia is willing to provide the human resources that the

institution needs;

iv) It has already provided a building that is supposed to serve as the headquarters

to enable it to relocate in the course of next year;

v) Elections of the General Assembly are delaying without any concrete reason;

PRC/Rpt(XXXII) Page 24

vi) What explains the non-disbursement of the funds allocated to ECOSOCC?

vii) The funds that have been allocated under the AU budget adopted by the policy

organs of the AU should be released to ECOSOCC without delay;

viii) Decision 940 adopted by the Executive Council in January 2016 which calls for

collaboration between ECOSOCC and Member States regarding the involvement

of representatives of civil society must be implemented without delay.

68. The Presiding Officer of ECOSOCC provided clarifications as follows:

i) The Legal Counsel proposed to second a staff from his office to ECOSOCC;

ii) The annual budget allocation for ECOSOCC approved by the competent bodies

of AU has still not been disbursed;

iii) ECOSOCC is an autonomous body and the AU Commission only acts as

secretariat;

iv) The budget line opened by the World Bank in favour of ECOSOCC is still

inaccessible;

v) The lack of funds seriously undermines the implementation of activities;

vi) The issue should be raised with those in-charge-of disbursement procedures.

69. The Director of Administration and Human Resources Management of the Commission

provided explanation on the non-disbursement of the World Bank funds as follows:

i) Each organ funded by the World Bank is expected to submit projects that meets

the criteria of the Bank;

ii) The World Bank has requested for additional explanations regarding the projects

submitted by ECOSOCC;

iii) In general, access to World Bank funds is complicated because each step of the

process leading to disbursement must be validated by the officials of the Bank in

Washington;

PRC/Rpt(XXXII) Page 25

iv) If expenditure made on the funds World Bank eventually turns out to be

ineligible under the Bank's criteria, request is made for the return of the funds;

v) The Commission must therefore ensure that it does not make ineligible

expenditure for which it may be compelled to repay.

70. The Director of Finance on her part provided explanations as follows:

i) Request for the disbursement of funds submitted by the various organs are

subject to internal procedures of the AU;

ii) The Commission has great difficulty in accessing funds granted by the World

Bank as well as those allocated under the AU budget by the policy organs;

iii) All the information in respect of the issue has been sent to the various organs;

iv) Regarding the implementation of the provisions of Decision 940, guidelines have

been prepared and the Commission is working in close collaboration with

ECOSOCC to expedite the finalizing of the accreditation process.

71. The Deputy Chairperson of the Commission provided additional explanations as

follows:

i) The Commission works in close collaboration with all interested parties to ensure

the relocation of ECOSOCC Secretariat to Lusaka, Zambia;

ii) The difficulties in accessing the World Bank funds are not peculiar to ECOSOCC

funds alone but also to funds meant for the Commission;

iii) Consequently, the Commission has prepared a programme designed to facilitate

access to these funds and ensure that they are used in conformity with laid down

criteria;

iv) The Commission to make funds available for the election of other members of the

ECOSOCC General Assembly before the end of 2016;

v) The funds allocated under the annual budget of the African Union were not

received on time and disbursements are made based on the monies received; to

date, the payment rate by Member States of their statutory contributions for the

2016 fiscal year is 42%;

PRC/Rpt(XXXII) Page 26

vi) The Commission and ECOSOCC maintain good relations and everything will be

done to iron out any differences.

72. The PRC recommended to the Executive Council as follows:

i) The Commission and ECOSOCC should work hand in hand to overcome all

difficulties related to access to the World Bank and other partner funds;

ii) The Commission should comply with the provisions of the decision of the policy

organs on the release of the funds allocated to ECOSOCC under the AU budget;

iii) The Commission should also work in close collaboration with ECOSOCC to

finalize the relocation process of ECOSOCC Secretariat to Lusaka, Zambia;

iv) The Commission should make available resources for the realization of election

into ECOSOCC General Assembly for all countries not represented before the

end of 2016;

v) The Commission and ECOSOCC should prioritize the finalization of ECOSOCC

structure as an organ in the on-going restructuring process to provide the organ

with predictable staff structure by 2017.

d) Report on the Activities of the African Committee of Experts on the Rights

and Welfare of the Child (ACERWC) - EX.CL/977(XXIX)

Report of the Committee of Experts on the Rights and Welfare of the Child - Doc. EX.CL/ 977 (XXIX)A

73. The Report was presented by the Chairperson of the Committee of Experts on the

Rights and Welfare of the Child.

74. Following the presentation, the following observations were made:

i) The need to indicate the status of implementation of previous recommendations

and decisions in the Report;

ii) Since Committee members are appointed on an individual basis, it is not appropriate to mention their home countries in the report to avoid confusion;

iii) The Committee does not have a deliberative mandate and as such cannot make

decisions; it makes recommendations to the deliberative organs;

PRC/Rpt(XXXII) Page 27

iv) The Committee should avoid making recommendations which, a priori, cannot be

implemented; the right to make reservations falls within the realm of national sovereignty which is beyond the competence of the Executive Council;

v) Matters relating to child abuse in the context of armed conflict as mentioned in

paragraph 23 of the Report should be worded in stronger language and result in recommendations;

vi) Paragraph 15 of the Report draws partial conclusions about children affected by

albinism whereas the ACHPR visited only five centres for children with albinism out of the existing 39, thereby ignoring the efforts made by the Government of Tanzania to protect children and people with disabilities;

vii) The Report does not mention the case of displaced children in conflict zones that

are scattered across the continent and who receive no assistance;

viii) Mechanisms should be laid down to hold perpetrators of child abuse to account for their atrocities; accordingly, collaboration between the Committee, the African Court of Justice and all other relevant institutions should be considered;

ix) Religious radicalization of young people is a real scourge and should be

mentioned prominently among the dangers to which children are exposed.

75. The Chairperson of the Committee of Experts on the Rights and Welfare of the Child

gave the following responses:

i) The 2015 Report included an update on the progress made and it was noted that

many States had submitted their reports;

ii) There is still a delay in the ratification of the Protocol;

iii) The problems faced by children, including child marriage, feature among the Committee's concerns;

iv) Although Committee Members are appointed on an individual basis, their home

countries are mentioned to ensure compliance with geographical representation;

v) The reference to the withdrawal of reservations in the Report refers to Egypt’s decision to withdraw its reservations on child marriage;

vi) The Committee welcomes whenever a State withdraws its reservations and

interacts with Member States for this purpose;

vii) The wording on the issue of reservations will be reformulated in order to reflect the Committee’s interaction with Member States;

PRC/Rpt(XXXII) Page 28

viii) With regard to the visit to the Buhangija temporary reception centres in Tanzania,

the Committee had held discussions with the Government whose efforts to protect children with albinism were commended by the Committee;

ix) The figures in the report were provided by the Government of Tanzania; the

Committee recommended to the latter to establish a welfare fund;

x) The report also addresses the issue of religious radicalization of children, to which it will give greater attention;

xi) The Committee contacted the African Court of Justice for collaboration to punish

all acts of child abuse; the Committee wants to have direct access to the Court to that effect;

xii) In general, the Committee’s work is guided by the principle that the child's interest

must always prevail.

76. The PRC requested the Committee of Experts on the Rights and Welfare of the Child

to include the following additional recommendations in its report:

i) Indicate the status of implementation of previous decisions and

recommendations;

ii) Mention the names of the members without making reference to their home countries, since they are elected in their personal capacity;

iii) Correct the part of the report which acknowledges deliberative power for the

Committee;

iv) Condemn the use of child soldiers and their recruitment by warring factions;

v) Give greater visibility in the Report to the issue of children displaced by conflict;

vi) Engage a thorough reflection on the religious radicalization of children;

vii) Take into account all the comments made by Tanzania in relation to the measures put in place to fight crimes perpetuated against children with Albinism;

viii) Submit a draft decision based on the recommendations contained in the Report

and the additional recommendations made above;

ix) Recommend that the ACERWC should have directly access to the AfCHPR in order to reinforce accountability mechanisms against violations of children’s right;

PRC/Rpt(XXXII) Page 29

77. The PRC recommends the Report of the Committee of Experts on the Rights and

Welfare of the Child for consideration by the Executive Council subject to the submission of

the draft decision referred to in item (viii) above.

Report of evaluation missions to countries that have offered to host the Secretariat of the Committee of Experts on the Rights and Welfare of the Child - Doc. EX.CL/977 (XXIX)B

78. The Report was presented by the Commissioner for Social Affairs.

79. Following the presentation, the following observations were made:

i) The evaluation team should have classified the three Member States evaluated

and included in its report a recommendation by proposing a country based on the evaluation criteria;

ii) Instead, the evaluation team made two proposals without also indicating the implementation deadline;

iii) The Delegation of The Sudan stated that beside political considerations, the offer

of their country was the best; despite the unjust and unilateral sanctions imposed on it, Sudan has always fulfilled all its financial obligations, not only to the AU but also to other international organizations of which it is member;

iv) Responding to The Sudan’s request would be perfectly consistent with the

condemnation by the AU of the unjust sanctions imposed on it;

v) The Delegation of Lesotho also presented an argument that justifies its request; the country meets all the criteria set and does not subject AU passport holders to visa formalities, contrary to what is stated in the report;

vi) It would be inappropriate to submit to the Executive Council an incomplete report

that is not supplemented by a recommendation dealing with the issue;

vii) The question of the relevance of the committee proposed in paragraph 16 of the report remains. Should the said committee be set up?

viii) The criteria used as guidance for the evaluation exercise are technical. However,

the final choice of the country will be political;

ix) The terms of reference of the Evaluation Committee should be reviewed to identify the scope of its mandate, and determine if the mandate included the formulation of a recommendation based on the classification of States evaluated.

80. The Commissioner for Social Affairs made the following explanations:

PRC/Rpt(XXXII) Page 30

i) The debates following the consideration of the report legitimize the open position

adopted by the Evaluation Committee;

ii) The mandate of the Committee was limited to the evaluation of the three countries and it was found that all of them have met the minimum criteria required;

iii) Making a recommendation in favour of one country required the inclusion of

considerations other than those defined by the criteria; the Committee would also have overstepped its bounds and that is why the issue was referred back to the PRC;

iv) In addition, the Evaluation Committee did not propose that the report be

submitted to the Executive Council; rather it is expecting the guidelines of the PRC to finalize its report.

81. The Chairperson of the PRC made the following remarks:

i) The sanctions were not part of the criteria set since these sanctions are unjust

and as such the AU and even other States outside its jurisdiction, members of the UN, had opposed them;

ii) It is necessary for the PRC to decide on the fate of the report: return it to the

Evaluation Committee for specific recommendation? Return it to the Executive Council or identify a new issue?

82. After discussing the above questions, the PRC decided as follows:

i) The report should be returned to the Commission (Evaluation Committee) so that

it will classify the Member States competing on the basis of their fulfilment of the assessment criteria;

ii) Following this revaluation exercise, the Commission will make a recommendation to the State leading in the ranking;

iii) The revised report will be submitted to the next session of the Executive Council

in January 2017.

e) Report on the Activities of the African Union Commission on International

Law (AUCIL) - EX.CL/978(XXIX)

83. The AUCIL Report was presented by Professor Daniel Makiesse Mwanawanzambi,

Chairperson of the AU Commission on International Law (AUCIL). The PRC made comments

and observations and requested clarifications as follows:

PRC/Rpt(XXXII) Page 31

i) The PRC should request the AU Commission (AUC) to support AUCIL by

providing it with human and financial resources to enable it to carry out its activities. This request should be considered as part of the on-going restructuring of the AUC;

ii) AUCIL submitted four finalized studies to the relevant Specialized Technical

Committees (STCs) which are urged to consider them;

iii) The Office of the Legal Counsel should continue to host the AUCIL Secretariat which should improve the quality of its future reports.

84. The Legal Counsel made the following statement:

i) The Office of the Legal Counsel hosts the Secretariat of the AUCIL. As part of

internal reforms, a structure bringing AUCIL Secretariat within the Office of the Legal Counsel was adopted under the on-going restructuring of the AUC. When the on-going new restructuring process will be finalized and adopted, pending issues will be resolved;

ii) AUCIL needs the support of the Commission and Member States.

85. In conclusion, the PRC has decided to:

i) Forward the AUCIL Report to the Executive Council with the following

recommendations:

Requests AUCIL to review its report and refocus it in line with its mandate which, among others, includes developing and codifying international law, and aligning AU treaties and protocols with the vision of Agenda 2063;

conduct an accurate and detailed assessment of financial and human resource needs, including activities;

urge Member States to pay greater attention to AUCIL activities by participating in its deliberations;

Present the Report in accordance with its mandate and tasks assigned it.

PRC/Rpt(XXXII) Page 32

SECTION VII: CONSIDERATION OF MATTERS RELATING TO OTHER AU

INSTITUTIONS AND SPECIALIZED AGENCIES

f) The African Risk Capacity

86. Following the observation that the item does not feature on the draft agenda of the

Executive Council ,opinion was divided as to whether to have it reinstated or to defer it to the

January 2017 Session. Some delegations held that the item had been removed from the

agenda during a preparatory meeting in Addis Ababa while others were of the view that it

should be removed. The PRC was also informed that the Director General who had to present

the report had cancelled his trip to Rwanda after learning the item had been removed from the

agenda.

87. In conclusion, the PRC recommends to the Executive Council to request the African

Risk Capacity to present a comprehensive report accompanied by a draft decision for

consideration by the Executive Council at its January 2017 Session.

SECTION VIII: ITEM PROPOSED BY A MEMBER STATE

Combatting Violence Against Women And Girls In Africa, Particularly The Role Of

Security Organs In Ending It/Algeria Platform On The Role Of Security Organs In

Ending Violence Against Women And Girls - (Item proposed by the Republic of Algeria)

– Doc. EX.CL/981 (XXIX) Add.1

88. The item was presented by the Ambassador of the Republic of Algeria, after which

Members of the PRC made comments and observations as follows:

i) Commend Algeria for the Item Proposed which is directly related to the AU

Theme of the Year;

ii) There is need to clarify whose responsible it is to provide training courses for

officials responsible for implementing the law on preventing and combatting

violence against women and girls, and the development of the professionalism of

African security organs;

iii) There is need to include the Rwanda Principles adopted by the United Nations in

combatting violence against women and girls, to the draft Decision;

iv) There is need for a holistic and a more structural approach in combatting violence

against women and girls;

PRC/Rpt(XXXII) Page 33

v) Concern expressed as to how the initiative can be mainstreamed within the

context of peacekeeping operations;

vi) There is need to forge a linkage between law enforcement agencies and judicial

institutions.

89. In response to the comments made, the Algerian Ambassador indicated as follows:

i) Expressed appreciation to all delegations for supporting the initiative;

ii) All the concerns raised by some delegations are contained in the draft Decision.

90. In conclusion, the PRC took note of the item proposal by the Republic of Algeria and

recommends it to the Executive Council.

SECTION IX: CONSIDERATION OF THE DRAFT AGENDA OF THE 29TH ORDINARY

SESSION OF THE EXECUTIVE COUNCIL AND THE 27TH ORDINARY

SESSION OF THE ASSEMBLY OF THE AFRICAN UNION

91. The PRC considered the draft agendas of the Executive Council and the Assembly in

collaboration with the Commission and proposed them to the Executive Council for further

consideration and adoption.

92. On the proposed one plus two format of participation of Member States in the Closed

–Closed Session of the Assembly, some delegations requested that the format be reviewed to

accommodate the Permanent Representatives because of the possibility of them being left

out.

93. It was agreed that the decision as to who participates in the Closed-Closed Session

was a matter for each delegation to handle.

94. It was also observed that the item on Adoption of draft Decisions and Declarations had

been inadvertently omitted from the draft agenda of the Assembly and that this should be

corrected.

95. On the report of the Peace and Security Council, some delegations sought explanation

as to absence of the report on the agenda of the Assembly. It was explained that in an earlier

preparatory meeting of the PSC in Addis Ababa and following consultations between the

Chairperson of the Union and the Chairperson of the Commission it had been agreed that a

PRC/Rpt(XXXII) Page 34

single consolidated report on the situation of Peace and Security on the continent would be

presented during the ordinary Session of the Assembly in July 2016 and not two separate

reports as has been the practice.

SECTION X: ADOPTION OF THE REPORT OF THE PERMANENT

REPRESENTATIVES’ COMMITTEE (PRC) AND THE DRAFT DECISIONS

AND DECLARATIONS OF THE 29TH ORDINARY SESSION OF THE

EXECUTIVE COUNCIL AND THE 27TH ORDINARY SESSION OF THE

ASSEMBLY OF THE AFRICAN UNION

96. The PRC met on Tuesday 12th July 2016 and adopted its report.

SECTION XI: ANY OTHER BUSINESS

97. The delegation of Cote d’Ivoire, in a communication, announced the offer by the

Government of the Republic of Cot d’Ivoire, to host the 4th Africa-EU Summit scheduled for

2017 and requested that the issue be brought to the attention of the Executive Council.

98. The PRC took note of the communication.

SECTION XII: CLOSING