PAN AFRICAN POSTAL UNION

“INSTRUMENTS OF THE PAN AFRICAN POSTAL UNION”

REVISED IN ANTANANARIVO, MADAGASCAR

BY THE 5THEXTRA-ORDINARY PLENIPOTENTIARY

CONFERENCE ON 27 JULY, 2018

CONVENTION OF THE PAN AFRICAN POSTAL UNION

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PREAMBLE

We, the Plenipotentiaries of Governments of Member States of the African Union (AU);

In conformity with the principles and objectives set out in the Constitutive Act of the African Union;

Conscious of the important role postal services play in terms of communications in peoples’ economic, social and cultural development;

Taking into account changes in the international environment characterized by globalization, liberalization and the development of new information and communication technologies;

Convinced of the necessity to develop and maintain an effective coordination framework to ensure harmony in the development of postal services;

Desirous of developing the Africanpostal services network and contributing to the strengthening of cooperation of Member States in the postal sector;

Recalling Resolution CM/Res. 586(XXIX) on the setting-up of a Pan African Postal Union as approved by the 14th Session of the OAU Assembly of Heads of State and Government;

Aware of the need to restructure the PanAfrican Postal Union in order to adapt to the new global context;

Convinced of the need to promote partnership with the private sector in the development of postal services in Africa in line with the Cairo 2008 CIT Ministers Declaration and Action Plan approved by the AU Summit;

Hereby agree as follows:

CHAPTER I

GENERAL PROVISIONS

Article 1: Establishment of the Union

  1. It is hereby established the Pan African Postal Union (PAPU), hereinafter referred to as “the Union”.
  1. The Union shall be a Specialized Agency of the African Union (AU) in the postal field.

Article 2: Legal Status of the Union

  1. The Union shall be an Inter-governmental Organization, which shall enjoy international legal status and capacity. It shall enjoy all the powers necessary for the attainment of its objectives. Member States shall grant the Union privileges and immunities on their territories to enable it fully achieve its objectives.
  1. The Union shall enjoy the status, privileges and immunities accorded to international organizations, in line with the relevant texts of the African Union on granting immunities and privileges, including the issuance of laissez-passer and diplomatic passports to its officials.
  1. As a Specialized Agency of the organization of African Union in the postal field, the Union shall enjoy privileged relations with the AU. To this end, the Union and the AU shall conclude an agreement.

Article 3: Composition of the Union

The Union shall be composed ofMember States of the African Union who have signed ratified or acceded to the Convention in accordance with Articles 25, 26 and 27.

Article 4: Membership

The Union’s membership is open to:

  1. Member States of the African Union as defined in Article 3;
  1. Associate Members who upon application and admission become members pursuant to the rules provided in the Detailed Regulations.

Article5: Headquarters of the Union

  1. The headquarters of the Union shall be in Arusha in the United Republic of Tanzania.
  1. The General Secretariat shall conclude a Headquarters Agreement with the government of the host country of the Union.

Article 6: Official and Working Languages of the Union

1.The working languages of the Union and all its institutions shall be, if possible, African languages, Arabic, English, French and Portuguese.

2.Each language group shall bear the cost of translation and interpretation for its language.

CHAPTER II

OBJECTIVES

Article 7: Objectives of the Union

The objectives of the Union shall be to:

  1. Foster development cooperation among Member States in the area of postal services;
  1. Promote and facilitate access to quality universal postal service;
  1. Promote and facilitate reform of the postal sector;
  1. Promote and facilitate technical assistance in the postal sector;
  1. Promote and advance common positions of Member States on postal issues;
  1. Promote research and development in the postal sector;
  1. Promote regional projects for developing the African Postal network;
  1. Promote the development of new postal products and services;
  1. Promote the sustainable development of the postal sector;
  1. Promote affirmative action in the development of the postal sector.

CHAPTER III

ORGANS OF THE UNION

Article 8: Organs of the Union

The organs of the Union shall be as follows:

  1. The Plenipotentiary Conference;
  2. The Administrative Council; and
  3. The General Secretariat.

CHAPTER IV

COMPOSITION AND FUNCTIONS OF THE ORGANS OF THE UNION

Article 9: Plenipotentiary Conference

The Plenipotentiary Conference hereinafter referred to as “the Conference” shall:

  1. Be the supreme organ of the Union, which shall ensure the attainment of the Union’s objectives;
  1. Consist of Ministers responsible for postal services of Member States or any other Plenipotentiary duly designated by a Member State;
  1. Convene in an ordinary session every four (4) years;
  1. Subject to the consent of two-thirds of Member States, convene an extraordinary session:

4.1At the decision of the Ordinary Conference; or

4.2At the request of one or several Member States, the Administrative Council or at the instance of the Secretary General.

  1. African Liberation Movements recognized by the African Union shall, at their request, be admitted as observers to the sessions of the Conference.

Article 10:Administrative Council

  1. The Administrative Council, hereinafter referred to as “the Council”, shall consist of twenty-five (25) Member States elected by the Conference following the geographical distribution of the African Union appended hereto. Its term of office shall be four (4) years.
  1. Inbetween the sessions of the Conference, the Council shall be the decision-making body of the Union within the limits of the powers delegated to it by the Conference.
  1. The Council shall convene inan Ordinary Session once a year.
  1. At the request of one or more Member States of the Union, or the Secretary General, and subject to the agreement of two-thirds of the Member States of the Administrative Council, the Council shall meet in an extra ordinary session.
  1. The Council shall report to the Conference.

Article 11: General Secretariat

  1. The General Secretariat is the executive body of the Union. It shall consist of the Secretary General, Assistant Secretary General and other staff as may be required from time to time for the effective performance of the Union.
  1. The General Secretariat shall be headed by a Secretary General assisted by an Assistant Secretary General.
  1. The Secretary General and the Assistant Secretary General shall be elected by the Conference for a four(4) year period. The Secretary General shall be eligible for re-election only once. At the end of his/her second and final term, the Secretary General shall not be eligible for either of both positions.
  1. The Secretary General shall report to the Council and the Conference.
  1. The duties of the Assistant Secretary General shall be defined in the Detailed Regulations.

Article 12: Administrative and Technical Committees

  1. The Conference or the Council may from time to time as is necessary appoint Administrative or Technical Committees in order to give effect to the functions of the Union.
  1. The Committees shall undertake specific studies, operational activities or any other matter entrusted to them by the Conference or the Council and shall report to the organ that established it.

CHAPTER V

FINANCES OF THE UNION

Article 13: Revenue of the Union

The Revenue of the Union shall consist of:

  1. Mandatory contributions made by Member States in accordance with the scale of assessment established by the Conference;
  1. Mandatory contributions of Associate Members;
  1. Voluntary contributions from Member States and Associate Members;
  1. Donations from non-Member States and organizations;
  1. Revenue derived from products and activities implemented by the Union;
  1. Income generated from investments approved by the Council;
  1. Penalties/fines levied for breach of the Convention.

Article 14: Expenditure of the Union

Expenditure by the Union shall comprise of expenses relating to:

  1. Sessions of the Conference,the Council and meetings of the Administrative and Technical Committees;
  1. Running of the General Secretariat;
  1. Implementation of the Programme of Action of the Union;
  1. Any other activity relating to achievement of the objectives of the Union and approved by the Plenipotentiary Conference and/or the Administrative Council.

Article 15: Advance of Funds to the Union

The Government of the host-country shall to the fullest extent possible, advance to the Union, funds necessary for its operation, pending reimbursement in accordance with the Headquarters Agreement.

CHAPTER VI

CLASSIFICATION OF THE ACTS OF THE UNION

Article 16:Classification of the Acts of the Union and other Regulations

  1. The Convention shall be the basic Act of the Union. It supersedes any other Act of the Union.
  1. The Detailed Regulations shall give effect to the Convention and shall be subordinate to it.
  1. All the other Acts of the Union shall be consistent with the Convention and its DetailedRegulations.
  1. The Plenipotentiaries shall adopt Detailed Regulations to ensure the application of this Convention and the functioning of the Organs of the Union;
  1. The Conference and the Council shall adopt their own Rules of Procedure.

CHAPTER VII

RIGHTS AND OBLIGATIONS OF MEMBER STATES OF THE UNION

Article 17: Obligations of Member States

All membersof the Union shall:

  1. Respect and abide by the provisions of the Convention and its Detailed Regulations.
  1. Participate in all activities, meetings and Conferences of the Union;
  1. Pay their contributions pursuant to the Detailed Regulations of the Convention.

Article 18: Rights of Members

  1. All Member States shall enjoy the same rights;
  1. Each Member State shall have one vote at meetings of the Union;
  1. Any Member State whose contributions to the Union are in arrears for two consecutive years shall forfeit the right to:

(a)Vote;

(b)Hold any positions within the Union;

(c)Technical assistance from the Union;

(d)Host meetings of organs of the Union.

  1. Associate Members shall not have a right to vote and hold any positions within the Union.

Article 19:Interpretation and application of the Acts

Any dispute arising from the interpretation or application of the Convention during meetings shall be settled by a simple majority of Member States present and voting.

Article 20:Alternative Dispute Resolution

Any disputes between Members regarding implementation of the Convention shall be submitted to the Secretary General in line with the provisions as laid out in Article 33 of the Detailed Regulations.

CHAPTER VIII

DEVELOPMENT COOPERATION

Article 21: Cooperation with international bodies

  1. With a view to promoting the improvement, harmonization and development of African postal services, the Union shall maintain privileged relations with the Universal Postal Union.
  1. The Union shall collaborate with Restricted Unions, African Regional Economic Communities (RECs) and international entitieswhose interests and activities are related to postal services.

Article 22: Agreements

Agreements may, whenever necessary, be concluded between the Union and International Organizations.

Article 23: Cooperation among Members of the Union

Members shall promote mutual cooperation of all kinds in the postal field.

CHAPTER IX

SIGNATURE, RATIFICATION, ACCESSION AND DENUNCIATION OF THE ACTS OF THE UNION

Article 24: Signing of the Convention and notification

  1. The Plenipotentiariesshall sign the Convention in three (3) copies in one of the working languages of the Union;
  1. Two (2) copiesshall be deposited with the General Secretariat of the Union and the African Union Commission (AUC).
  1. A certified copy conforming to itstext shall be forwarded to each of the signatory Member States by the Secretary General of the Union.

Article 25:Ratification of the Convention

  1. This Convention shall be ratified by each of the Signatory Member States.
  2. The ratification instruments shall be forwarded by diplomatic channels to the Secretary General who shall notify the other Member States.

Article 26:Accession to the Convention

  1. Any Member State that has not signed the Convention may accede to it.
  1. The instrument of accession shall be deposited with the Secretary General of the Union by diplomatic channels. It shall enter into force on the date it is deposited, unless otherwise stipulated.
  1. The Secretary General shall notify Member States of such accession and forward to each of them a certified copy of the instrument.

Article 27:Denunciation of the Convention

  1. Any Member State of the Union may denounce the Convention by notification addressed to the Secretary General through diplomatic channels.
  1. The Secretary General shall notify the denunciations to the other Member States.
  1. This denunciation shall become operative one (1) year after the date of receipt of the notification by the Secretary General. It shall not exempt the Member State concerned from fulfilling its financial obligations due to the Union.

CHAPTER X

FINAL PROVISIONS

Article 28: Suspension or withdrawal of membership

  1. The Conference may decide by a two-third majority of Member States present and voting to suspend a Member that:

1.1Practices a policy contrary to the objectives and principles of the Union,

1.2Does not, for three (3) consecutive years, honour its financial obligations to the Union,

1.3Does not respect the decisions of the Conference which are binding on Members;

  1. The Conference may, by two-thirds majority of votes cast, revoke the suspension of a Member;
  1. The suspension or withdrawal of Membership does not exempt a Member from fulfilling its financial obligations during the period of suspension or withdrawal;
  1. The suspension of Membership for non-payment of contributions shall cease as soon as the Member honours all its financial obligations to the Union.

Article 29:Amendment of the Convention

  1. Any Member State may submit a written proposal to amendthe Convention.
  1. The Secretary General shall communicate amendment proposals to Member States at least six (6) months before they are submitted to the Conference for consideration.
  1. Amendments shall be adopted by two-thirds of Member States present and voting during a session of the Conference andshall enter into force.

Article 30:Detailed Regulations of the Convention

The Plenipotentiaries shall adopt Detailed Regulations to ensure the application of this Convention and the operation of the Organs of the Union.

Article 31:Rules of Procedure

The Conference shall adopt its Rules of Procedure. The other organs of the Union shall adopt their own Rules of Procedure if they deem it necessary.

Article 32:Entry into force

This presentmaidenConvention shall entered into force six (6) months after its approval by the Plenipotentiaries.

DETAILED REGULATIONS OF THE CONVENTION OF THE UNION

PREAMBLE

The Plenipotentiaries of Governments of the Member States of the Pan African Postal Union,

-Having regard to Article 16.4 of the Convention of the Pan African Postal Union;

-Have by common consent, adopted the Detailed Regulations to ensure implementation of the Convention and the functioning of the Union.

CHAPTER I

PLENIPOTENTIARY CONFERENCE

Article I:Representation at the Conference

The Government of each Member State shall be represented in the Plenipotentiary Conference by a delegation led by the Minister responsible for postal services or by any other high-ranking official designated by that Member State.

Article 2: Functions of the Conference

The functions of the Conference shall be:

  1. to revise the Convention, its Detailed Regulations and the Financial Regulations;
  2. to determine the general policy which the Union shall follow in order to achieve the objectives laid down on Article 7of the Convention;
  3. to examine and approve the programme of activities and accounts of the Union and determine the ceiling or budgets for the quadrennial period;
  4. to determine the scale of assessment of the Member Statesand Associate Members;
  5. to establish the structure of the General Secretariat, elect the Secretary General and Assistant Secretary General of the Union and determine their salaries, allowances and other conditions of service;
  6. to establishsuch bodies as it may deem necessary for purposes of achieving the objectives of the Union and prescribe to such bodies, rules for the conduct of their activities;
  7. to approve provisional agreements concluded between the Union and other African and International Organizations and countries;
  8. to adopt, at the conclusion of each session, a report addressed to all Member States as well as the African Union (AU);
  9. to consider reports of activities of the Administrative Council and the General Secretariat of the Union since the last session of the Conference;
  10. to elect members of the Administrative Council.

CHAPTER II

ADMINISTRATIVE COUNCIL

Article 3:Composition of the Council

  1. The Administrative Council shall consist of twenty five (25) Member States.Twenty-four (24) of the Member States are elected by the Conference. The twenty-fifthMember State shall be the host country of the Union.
  2. The twenty four (24) elective Member States of the Administrative Council shall be distributed on a pro-rata basis in accordance with the African Union’s geographical regions.
  3. The Member State which acts as Chairman of the Conference shall be entitled to one (1) of its region’s seat if it expresses its interest before the election.

Article 4:Representation at the Council

The person designated by a Member-State to serve on the Council shall as far as possible, be a senior officer of its Postal Administration.

Article 5: Functions of the Administrative Council

The Administrative Council shall;

  1. direct, control and coordinate financial, administrative and technical activities of the Union;
  2. adopt the annual programme of activities and budget of the Union;
  3. implement decisions of the Conference on the annual contribution of each Member to the budget of the Union;
  4. determinethe basic salaries, allowances and other conditions of service for all officers of the Union with the exception of the Secretary General and the Assistant Secretary General;
  5. adopt the annual management report and audited accounts of the Union presented by the Secretary General, as well as the Staff Rules and Regulations;
  6. supervise the negotiation of provisional agreements with other organizations whose activities relate to those of the Union, and submit them for the approval of the Conference;
  7. submit to the Conference proposals concerning rules governing the financial, administrative and technical activities of the Union;
  8. prepare the provisional agenda of the session of the Conference;
  9. presents a report to the Conference on the activities of the Union during the last four (4) year cycle;
  10. Examine and adopt reports and recommendations of the Administrative and Technical Committees;
  11. Examine credentials of all members of staff of the General Secretariat and candidates seeking elective positions;
  12. Set up ad-hoc Committees as it may deem necessary to achieve the objectives of the Union and establish rules for the way they carry out their activities;
  13. Propose the establishment of relevant Administrative and Technical Committees to the Conference.

Article 6:Vacant Seat on the Council