executive structures of the Community.92 The Treaty
having entered into force on 12 May 1994, the
―cumulative transitional period‖ envisaged under Article
6(5) thereof would have been in May 2034.
International Conference on Popular
Participation in the Recovery and Development
Process in Africa, African Charter for Popular
Participation in Development and
Transformation (February 1990, Arusha,
Tanzania)
OAU, Memorandum of Understanding,
Conference on Security, Stability, Development
and Co-operation in Africa (2002, Durban,
South Africa)
OAU, The New Partnership for Africa‘s
Development (NEPAD) (2001)
OAU, Solemn Declaration, Conference on
Security, Stability, Development and Cooperation in Africa (2000, Lomé, Togo)
OAU, Treaty Establishing the African Economic
Community (1991, Abuja, Nigeria)
UN, World Summit on Sustainable
Development, Johannesburg Declaration on
Sustainable Development (2002,
Johannesburg, South Africa)
However, several decisions have been taken since that
time with the aim to accelerate the formation of the AEC.
For example, the Sirte Declaration 1999 called for the
process to be accelerated by consolidating the RECs to
form the foundation of the AEC and by shortening the
implementation periods towards its completion.93 The
Constitutive Act of the African Union likewise sought to
move the integration agenda forward more ambitiously
and aggressively. In recognition of the implied repeal of
some of the provisions of the Abuja Treaty, the
Constitutive Act stipulated that ‗the provisions of this Act
shall take precedence over and supersede any
inconsistent or contrary provisions of the Treaty
establishing the African Economic Community‘.94
Translating the Abuja programme of integration to reality
encountered several challenges from quite early on,
perhaps the most important being the proliferation of
RECs within the continent and the overlapping and
multiple membership of states in the RECs.
These and other standards envision an Africa of
integrated markets first at the regional level and
later continentally using regional economic
communities (RECs) as the building blocks. This
would involve the free – or increasingly freer –
movement of goods, services, capital and people
across African borders. Particularly since the
Although there are many RECs on the continent, the AU
currently recognises eight of them as ‗pillars‘ of
continental integration: the Arab Maghreb Union (AMU),
Community of Sahel-Saharan States (CEN-SAD),
Common Market for Eastern and Southern Africa
(COMESA), the East African Community (EAC),
Economic Community of Central African States
(ECCAS), Economic Community of West African States
(ECOWAS),
Intergovernmental
Authority
on
Development (IGAD) and Southern African Development
Community (SADC). Every country on the continent is
involved in at least one REC, with many involved in two
or more. Of countries that have been reviewed through
the APRM, only two – Algeria and Mozambique – are
involved in only one body; each of the others operates in
two, three or four. The progress made on the path of
economic integration across the various RECs has been
uneven. In terms of movement towards free trade areas,
customs unions and common markets, the EAC,
COMESA, ECOWAS and SADC appear to be moving at
a faster pace than CEN-SAD, ECCAS and the AMU.
conclusion of the Abuja Treaty in 1991, the
overall plan has been for African integration to
progress
by
stages
towards
the
operationalisation of a continent-wide African
Economic Community (AEC).91 In legal terms,
the AEC was established through the Abuja
Treaty of 1991, Article 2 of which provides:
―The High Contracting Parties hereby establish
among themselves an African Economic
Community (AEC).‖
Using the RECs as its building blocks, the Abuja Treaty
sought to achieve a fully-fledged AEC within a maximum
of 40 years from its entry into force through a process of
six successive stages: (i) strengthening the continent‘s
RECs; (ii) harmonising tariffs, customs etc. within RECs,
and coordinating activities between the RECs; (iii) free
trade areas and customs union established in each REC;
(iv) coordination and harmonisation of tariff and non-tariff
barriers among the various RECs with a view to
continental common external tariff; (v) establish an
African Common Market (ACM) with harmonised policies
across the continent; and (vi) consolidating the ACM,
finalising the harmonisation of the RECs, establishing a
single market and monetary union, and setting up the
91
92
93
94
See OAU, Treaty Establishing the African
Economic Community, Abuja, Nigeria, 3
June 1991.
29
See Abuja Treaty, Article 6.
OAU,
Sirte
Declaration,
Fourth
Extraordinary Session of the Assembly of
Heads of State and Government, Sirte,
Libya, 8-9 September 1999.
OAU, Constitutive Act of the African
Union, adopted by the Thirty-Sixth
Ordinary Session of the Assembly of the
Heads of State and Government, Lomé
Togo, 11 July 2000.