Treaty for the United States of Africa
Purpose of the Unification Treaty
The undersigned African states,
RESOLVED to fulfill the longstanding desire of the African people to achieve in free self-determination the unity of Africa and live together in peace, liberty and opportunity for all as a federal democracy,
AWARE of the urgent need to abolish the colonial boundaries imposed by the Westphalia Treaty that remain a barrier to African integration, stability, development and prosperity,
INTENT on speeding up the implementation of the Treaty Establishing the African Economic Community,
CONSCIOUS that armed conflicts in Africa are a major impediment to African development and that justice, peace, security and stability are prerequisites for the continent's economic advancement,
CONCERNED that there are more than 54 African states trading far more with the rest of the world than between themselves,
DISCERNING that unless Africa accelerates its march toward a common currency, one military, a single passport and a unified economy, conflicts, poverty, disease, corruption and exploitation will continue to hamper the continent's development and prosperity,
REALIZING the necessity to fortify the continental borders and secure and develop Africa's natural resources,
CONVINCED that only a united, stable and strong Africa can compete with the wealthy and powerful countries in the global economy,
CERTAIN that Africa's salvation lies in continental unity and that African problems are too urgent to wait for another day, and
INVOKING Article 4 (c) and other provisions of the Constitutive Act,
Have, in the name and by the authority of the African people, concluded this Treaty for the United States of Africa, whose provisions are:
1) The states of Sao Tome, Cape Verde, Congo (Kinshasa), South Africa, Ethiopia, Ivory Coast, Egypt, Burkina Faso, Gabon, Togo, Benin, Ghana, Western Saharawi, Algeria, Tunisia, Libya, Mauritania, Senegal, Gambia, Nigeria, Guinea Bissau, Guinea, Sierra Leone, Liberia, Mali, Niger, Cameroon, Chad, Sudan, Central Africa, Equatorial Guinea, Congo (Brazzaville), Angola, Namibia, Botswana, Zambia, Zimbabwe, Lesotho, Swaziland, Mozambique, Madagascar, Seychelles, Comoros, Tanzania, Malawi, Burundi, Rwanda, Uganda, Kenya, Somalia, Djibouti, Eritrea, Mauritius, Morocco and South Sudan shall unify and establish the United States of Africa in the year 2017.
2) The United States of Africa shall be established in accordance with a written Constitution for the United States of Africa, to be known also as the African Constitution.
3) The African Constitution shall be drafted with the direct participation and input of the African people, who shall have the ultimate authority to stipulate how Africa's federal system will be structured and how it will operate.
4) The founding of the United States of Africa shall commence with the entry into force of this treaty.
1) Upon the ratification of this Treaty for the United States of Africa (Unification Treaty), the African people shall elect and convene a constitution-making body for the sole and express purpose of formulating a federal plan of government for a United States of Africa.
2) That constitution-making body shall be the Convention for the United States of Africa, to be known also as the African Convention.
3) Reporting to the African people through the state legislatures, the African Convention will draft a plan of government for a United States of Africa based on the principle of government of the people, by the people and for the people.
4) The African Convention will invite and incorporate in the proposed African Constitution the input of the African people.
1) (a) Each state shall delegate to the African Convention one male and one female representative, which two delegates per state will be democratically chosen by the electorate.
(b) Candidates for the Convention shall:
(i) Have domiciled in Africa for at least ten consecutive years so as to be in possession of a thorough familiarity with problems bedeviling the ordinary African citizen,
(ii) Have no criminal record,
(iii) Declare all their assets to their respective national election commissions together with documentation and explanations on how they acquired all their wealth,
(iv) Be neither sitting nor former public officials and shall not have or have had other direct relationship with any current African government that would compromise their independence,
(v) Not be current or former employees of the African Union, its predecessor inclusive, or have or have had a direct relationship with the African Union that would influence their decisions as delegates, and
(vi) Not have or have had a direct relationship with overseas governments, key world organizations or foreign corporations that would impact their voting on proposals for Africa's international policy.
c) Each state election commission shall obtain, verify, certify and submit to the African Union their state's elected delegates' complete and accurate curricula vitae (CVs).
2) (a) As necessary, the states will enact special legislation for gender balance in the election of delegates as provided for above in 1 (a) of this article. List A on the ballot will be for male candidates and list B will be for female candidates, with the electorate being asked to choose one from each.
b) The states will encourage women to stand in the election for delegates to the Convention. They will waive candidate registration (filing) fees for all female candidates.
3) (a) In all the states party to this unification treaty, the election of delegates to the Convention will be conducted in three phases:
(i) Phase One - the Local Ballot,
(ii) Phase Two - the Regional Ballot (east, west, north, south and central blocs of the localities or equivalent administrative units), and
(iii) Phase Three - the State Ballot.
(b) The winners of the Local Ballot shall proceed to the Regional Ballot and compete with their counterparts from other counties.
(c) Those successful in the Regional Ballot will take part in the State Ballot, which will produce the required two delegates to the African Convention.
4) Statewide candidates for the Convention who come in the second place shall be next in line for succession should a delegate vacancy be occasioned by a disciplinary action, a resignation or an emergency, in which event the respective state legislature shall appoint without debate to the Convention the runner-up or the candidate who won the third place if the second is not available.
1) On the seventh day after their election, the delegates shall assemble at the African Union offices to present their credentials, get a briefing on the African Convention's mandate and procedure and to choose their officers. After reading a copy of this treaty, they will sign a binding agreement to uphold its provisions.
2) The delegates will receive and privately review without debate copies of all delegate CVs from all the states. They shall not share that information or discuss the documents with their colleagues or anybody else.
3) By secret ballot, the delegates will nominate a delegate from a state other than their own for chairperson, secretary and treasurer based on the nominees' demonstrated experience. The delegate nominated the most for each position shall be confirmed by the number of votes received. The runners-up for each position shall be their assistants.
4) Upon completing the steps in paragraph 1, 2 and 3 of this article, the delegates will travel to the seat of the Convention as designated by Article V of this treaty and start drafting the African Constitution.
(1) Where the line joining the easternmost and westernmost points and the line joining the southernmost and northernmost points of the African continent intersect shall be the place in which the African Convention will draft the Constitution for the United States of Africa.
(2) In the respective order, the easternmost, westernmost, southernmost and northernmost points of Africa are at Ras Hafun (Somalia), Cape Verde, Cape Agulhas (South Africa) and Ras ben Sakka (Tunisia).
(3) The easternmost-westernmost and southernmost-northernmost lines intersect in the western part of Lake Chad at the place where the Nigerian, Cameroonian and Chadian frontiers converge.
4) Where, in accordance with Paragraph 1 of this article, the Convention will draft the African Constitution shall be the place in which the seat of government of the United States of Africa shall be established.
1) The delegates to the African Convention shall be remunerated by their respective states. They will be paid the equivalent of the average salary of the members of the state legislatures and receive allowances for travel, health insurance and housing. The African Union will compute the average salary and per diem for the delegates.
2) The states shall equally split the cost of renting premises, purchasing equipment, hiring administrative staff and procuring expertise for the Convention.
3) Each state shall deposit with the African Union its share of funds for the Convention as provided for above in 1 and 2 of this article. The African Union shall release all this money to the Convention, which will open and manage its own bank account.
1) The states and the African Union shall not attempt to influence the African Convention or individual delegates and members of the administrative staff.
2) The states and the African Union shall not conduct any surveillance on the delegates and the Convention, nor will they interfere in any other way with the Convention and its work.
3) The Convention will acquire and use its own equipment and hire its own administrative staff, who shall be selected evenly to give all the continental regions fair representation.
4) All external communications to the Convention must be in writing, preferably by electronic mail, and addressed to the chair, secretary or treasurer.
5) (a) The delegates and staff shall not electronically discuss Convention business with external parties without leave from their officers, who are hereby banned from authorizing the release of any and all information on the proceedings, resolutions and all other activities of the Convention.
(b) A summary of any and all Convention business discussed on the phone must be entered into the record, including the external phone number, the parties, the caller, the subject, the date, the time, the length of the call and highlights of the conversation. Under no circumstance shall information on Convention proceedings and resolutions be released to external parties.
c) No personal communications shall be made on Convention equipment and stationery, including phones, computers, faxes, email and letters. Convention business must not be discussed or conveyed on personal phones, computers, other equipment and stationery, nor shall all Convention activities be discussed in personal conversations with external parties.
1) (a) Two thirds of the African Convention shall form a quorum, with two thirds of the members present required to adopt a resolution. Each delegate shall have one vote. Compulsory attendance at all Convention proceedings will be in force unless a delegate has leave from the chair to be absent. Upon assembling at its venue, the first business of the Convention will be to make its own rules of order consistent with the provisions of this unification treaty; the rules will be made in committee of the whole.
2) Aided by their respective assistants and the administrative staff: (a) the chair shall call Convention meetings to order, announce the order of business, place all questions and motions before the Convention, decide all questions of order and preserve order, (b) the secretary shall be in charge of preserving a complete and accurate record of the Convention's proceedings, and (c) the treasurer shall be responsible for the use of Convention funds and all other resources.
3) All documents received and generated by the Convention shall be in the custody of the secretary. They will be open to the inspection of every delegate and must be turned over to any committee of the Convention upon demand.
4) (a) Delegates shall introduce business to the Convention by motions to lay on the table, amend, commit (refer), postpone, suppress debate (a previous question and an order limiting or closing a debate), suppress a question (objection to consideration, postpone indefinitely or lay on the table) and reconsider a question.
(b) Other types of motions the Convention will use include orders of the day, special orders, suspension of the rules, questions of order, appeals, reading of papers, withdrawal of motions, questions of privilege and adjournment.
(c) (i) Delegates shall direct all their remarks at the chair, who they shall address by title. Each delegate shall confine himself or herself to the question before the Convention.
(ii) When the chair will contribute to a debate, he or she shall have the secretary or, in the secretary's absence, the treasurer to preside over the Convention as he or she speaks. If both the secretary and treasurer are unavailable, their assistants or any member of the Convention will chair the Convention while the chairperson has the floor. When the chairperson will speak to a question or order, he or she shall remain in the chair.
(d) The delegate who has the floor shall not be interrupted unless on a question of order. No delegate shall speak twice in the same debate while others who have not spoken want to speak. The Convention will make a rule limiting speeches to a reasonable number of minutes.
(e) (i) The chair will state each motion to the Convention as follows: "It has been moved and seconded that ..."
(ii) When each debate is closed, the chair will put the question to the Convention for electronic voting. The delegates will transmit their ballots from their computers to the administrative staff, who will electronically relay the result to the chair for announcement.
(iii) The chair will put this question to the Convention: "The question is on the adoption of the resolution which you have heard read."
(iv) After placing the question before the Convention, the chair will ask: "As many as are in favor of this adoption will vote aye."
(v) After giving the ayes five seconds to submit their ballots, the chair will ask the Convention: "As many as are opposed will vote nay."
(vi) The chair will announce the outcome of every vote as follows: (1) "The ayes have it and the resolution is adopted," or (2) "The nays have it and the motion is defeated."
(v) All votes and their outcomes shall be entered into the record.
4) Signing of documents by the delegates and their officers and staff shall be done before their colleagues as witnesses.
5) The Convention may assign special functions to committees, whose reports and recommendations shall be discussed and acted on by the Convention.
6) If the conduct of a delegate or staffer threatens to disrupt the proceedings of the Convention and hamper its performance or bring the Convention into disrepute, the Convention shall take disciplinary action against the violator. In extreme cases where all other disciplinary actions have failed to work, the Convention shall resolve with a three-third majority to impeach a delegate. Upon written notice from the Convention, the state legislature of the impeached delegate shall forthwith and without debate fill the vacancy in accordance with Article III (4) of this treaty. An impeached staffer will be terminated.
7) Convention proceedings and documents are the property of the African people and must remain confidential till the draft of the African Constitution is released for public review. Any delegate or staffer making unauthorized disclosure of information to an external party shall be impeached and removed from the Convention.
1) The African Constitution shall define the national character of the United States of Africa as a federal democracy founded on the rule of law.
2) The constitution will be the standard by which every law in the United States of Africa shall be evaluated. It will be the national document all elected officials in Africa will pledge to uphold, protect and defend . It will be the criterion by which people will be admitted to citizenship. It is a set of rules with which all aspects of the life of the nation will be directed. The African Constitution will be an enduring document based on correct democratic principles, which will empower the constitution with a timeless life even in the face of social upheaval.
3) The Constitution for the United States of Africa will be a plan for a federal system that will be so well balanced that no social or geographic group will be able to dominate others. It will provide for a continental government strong enough to protect the individual rights of all African citizens and yet neither invade their privacy nor infringe on their liberty.
4) (a) The preamble to the African Constitution will outline the purpose of the government of the United States of Africa, which federal functions shall include to unify and make Africa strong, competitive, progressive, prosperous and influential, to make sure the African people are treated fairly and equally, to ensure public security, to fortify and defend the continental borders, to secure and develop Africa's natural resources and to impose checks and balances on governmental power.
(b) The preamble shall start with "The African people" and, opening the second paragraph with "In the states of," list in the said second paragraph all African states party to this treaty and subsequently amended to enumerate the states which ratify the African Constitution.
5) The African Constitution shall establish a federal system of government with limited and separated powers to prevent any branch of government from becoming too powerful. There will be three branches of government in the United States of Africa:
7) In the United States of Africa, government will work for the African people. Federal, state and local officials will serve the people as opposed to advancing the personal interests of the wealthy and powerful few.
8) Through free, fair and direct elections, the African people will choose by secret ballot officials who will represent them in the federal and state legislatures, local councils and executive departments. These will include the president of Africa, representatives and senators of the United States of Africa and state governors.
9) Federal judges will be nominated by an independent Federal Service Commission and vetted by the Congress, before which witnesses, including the Presidency, may appear to testify for against a nominee.
10) The African people, in addition to choosing their political representatives, will have the power of initiative and referendum.
11) The African Constitution will provide for an enumeration of citizen rights. Other articles will govern state-federal relations, interstate relations, general provisions, how to change or amend the constitution and the establishment of the constitution as the supreme law of Africa.
12) After the African Constitution is ratified, there will be a transitional provision for its implementation.
(1) The format. The African Convention will arrange the proposals they will receive from the African people according to their purposes. Introductory proposals outlining the reasons the African people want to draft the African Constitution will be arranged together as the preamble. Specific proposals creating a federal system and stipulating what each branch of government will do and what they cannot do will be formatted in articles.
(2) Separation of powers; a three-branch federal system.
(3) (i) Lawmaking power will be granted to a unicameral or bicameral federal legislature.
(ii) A federal lawmaking body. Unicameral or bicameral. Qualifications and election of members and their tenure. Distribution of federal legislative seats among the states; proportional representation and direct taxation. Filling of vacancies. Presiding officer; title. Other officers. Power of impeachment.
(iv) If bicameral, an upper chamber. Number of members from each state, qualifications for their election and their tenure. Filling vacancies. Presiding officer; title. Other officers. Trial of impeachments. Punishment of those found guilty.
(v) Legislative elections and sessions. Regulation of elections; times, places and procedure for conduction of elections for members of the federal legislature. Required number of annual sessions per year; must assemble at least once per year.
(vi) Internal operations of the federal legislature. Admission of members. Number required to do business; quorum. Rules, punishment and removal of errant members.
(vii) Preservation of legislative records. The federal legislature (if bicameral, each house) will be required to keep a journal of its proceedings and make all nonclassified records public. Adjournment; how and for how long.
(viii) Legislative privileges and restrictions. Payment; how and from where remuneration of federal lawmakers will be made. Immunity from arrest within, to and from the premises of the federal legislature and in connection with legislative debates; exceptions will include treason, felony and a breach of the peace. Holding other office will be banned.
(ix) The lawmaking process. Where (which chamber) revenue raising bills will originate. How bills will become laws. Presidential assent or veto; how vetoes will be overridden. When bills will become law without a presidential signature. Legislative orders and resolutions; before taking effect, will need presidential approval or, if the president disapproves, must be repassed with a two-third majority of the legislature.
(x) Enumerated powers of the federal legislature will include taxation, public spending appropriations, war on corruption, tribalism and poverty, natural resources, transcontinental infrastructure, duties, imposts, excises, national security, commerce, immigration, borrowing, debts, currency, weights and measures, anti-counterfeiting, post offices, science and research, courts, anti-piracy, the federal capital and implied powers.
(xi) Limitations on lawmaking will include guaranteed habeas corpus, no bill of attainder or ex post facto, no taxation without representation, no duty on state exports, no public spending without legislative appropriations and titles of nobility will be banned.
(xii) (a) Absolute limitations on the states will include no treaties, alliances, confederations, declaration of war, issuance of currency, bill of attainder or ex post facto and granting of titles of nobility, (b) restricted state taxation of imports and exports; the consent of the federal legislature will be required, and (c) other conditional restrictions on the states will relate to, among others, invasions or imminent danger permitting no delay.
(4) (i) A federal executive will be granted power to enforce the African Constitution; (ii) qualifications, election, inauguration, tenure, salary and replacement; (iii) cabinet; (iv) functions; (vi) recommending legislation; (vii) how the head of the executive branch may be removed; impeachment.
(5) (i) A federal judiciary; (ii) power to interpret and apply the African Constitution will be granted; (iii) a supreme court and lower federal courts; (iv) federal judges, qualifications, appointment and tenure; (v) cases which can be tried in federal court; (vi) authority of the supreme court; (vii) federal trial procedure; (viii) treason, definition, required evidence and punishment.
(6) (i) Federal duty to the states will include republican government and protection against invasion and rebellion; (ii) subsequent admission of additional states into the United States of Africa.
(7) Interstate relations will include (i) recognition of laws, records and judicial proceedings of every state in all the other states; (ii) all citizens of the United States of Africa shall be entitled to equal citizenship in all the states party to the African Constitution; (iii) extradition of interstate fugitives.
(8) An amendment process. How the African Constitution can be changed.
(9) General provisions will include (i) foreign debts in force at the time the African Constitution is ratified; (ii) the supremacy of the African Constitution; (iii) the pledge of office.
(10) Ratification. The African Constitution will be binding among the states which will approve it in a referundum.
Upon its signing, this Treaty for the United States of Africa shall be placed before the African people for popular ratification. A majority of fifty percent plus one vote is required to ratify.
1) After the ratification of the African Constitution, the Convention shall schedule and supervise the election of the first Congress and president within ninety days.
2) The day of the first federal election shall be the permanent general election day of the United States of Africa. If, for instance, the first Congress and president will be elected on the third Wednesday of June 2015, all future general elections shall always be on the third Wednesday of June.
3) The Convention shall stand dissolved upon the inauguration of the first Congress and president, who shall assume immediate charge of the implementation of the African Constitution.
4) The status of the African Union shall be reviewed by the first Congress for reorganization, reassignment and incorporation into the federal system.
5) The states will be run by democratically elected governors.
The states will redraft their constitutions in conformity with the African Constitution.
1) Treaties and other international agreements to which the African Union is a contracting party, including treaties establishing membership of world organizations, shall retain their validity with all the rights and obligations arising therefrom. Where adjustments become necessary in individual cases, the United States of Africa shall consult with the respective contracting parties.
2) The parties to this unification treaty are agreed that treaties and other international agreements to which they are signatories shall be discussed with the contracting parties concerned with a view to regulating or confirming their continued application, adjustment or expiry, taking into account the interests of the states concerned and the treaty obligations of the United States of Africa.
(2) The United States of Africa will reserve its right to determine its position with regard to the adoption of treaties and other international agreements the African Union and its member states are contracting parties following consultations with the respective contracting parties.
(1) Upon African unity taking effect, the total debts of the central budgets of the states party to this unification treaty which will have accumulated up to the date the United States of Africa comes into existence shall be taken over by a special federal Debt Fund without legal capacity, which shall meet the obligations arising from debt servicing. The Debt Fund shall be empowered to (a) seek relief for Africa's foreign debt, (b) renegotiate and reschedule African debts, and (c) raise loans to:
Pay off the obligations of the Debt Fund,
Cover due interest and loan procurement costs, and
Purchase debt titles of the Debt Fund for the purposes of market cultivation.
(2) The economy secretary of the United States of Africa shall administer the Debt Fund, which may, in his name, conduct legal transactions, sue and be sued. The general legal domicile of the Debt Fund shall be at the seat of the federal government. The federation shall act as the guarantor for the liabilities of the special fund. Debt payments shall be governed by an act of the Congress of Africa. The Debt Fund shall be abolished as soon as possible.
(3) Upon continental unity, the United States of Africa shall take over any sureties, guarantees and warranties assumed by the African Union and debited to its budget prior to unification. The member states of the African Union shall assume jointly and severally a counter-surety to the amount of fifty percent of the total debt transferred in the form of sureties, guarantees and warranties to the United States of Africa. The losses shall be divided among the states in proportion to their number of inhabitants on the date African unity takes effect.
(4) Any shares on the part of the African Union in financial institutions shall be transferred to the United States of Africa. The rights arising from the African Union's shares of financial institutions shall accrue to the federation pending the transfer of the shares to the United States of Africa, which shall assume the liabilities resulting from the African Union acting as guarantor for any financial institution. This shall not apply to liabilities arising after the transfer of shares. If claims are made on the United States of Africa in its capacity as guarantor, the burden shall be incorporated into the total debt of the central budget of the African Union and be taken over by the Debt Fund (paragraph 1 of this article), which has no legal capacity.
(1) In so far as they arise from the monopoly on foreign trade and foreign currency or from the performance of other tasks of the African Union and the states vis-à-vis foreign countries, the settlement of claims and liabilities remaining when continental unity takes effect shall take place under instructions from, and under the supervision of, the federal secretary of the economy. Debt renegotiation and rescheduling agreements contracted by the United States of Africa after the accession takes effect shall also incorporate the claims mentioned in the first sentence. The claims concerned shall be held in trust by the federal treasury secretary or transferred to the federation to the extent that the claims are adjusted.
(2) The Debt Fund (Article X of this unification treaty) shall assume payment of the necessary administrative expenditure, the interest costs arising from the difference between interest payments and interest revenue and other losses incurred by the institutions charged with the settlement of claims and liabilities during the settlement period in so far as the institutions are unable to balance them out of their own resources. Further details shall be determined by an act of the Congress.
(3) Claims and liabilities arising from membership of the the African Union and the states or their institutions in international mutual economic assistance programs may be the subject of separate arrangements by the United States of Africa, which arrangements may also refer to claims and liabilities which will arise or have arisen after the date of continental unity.
(1) Each ratifying state shall continue to pay its African Union dues to the date the United States of Africa begins levying federal taxes.
(2) Congressional legislation for reorganization of publicly owned federal assets shall apply upon continental unity taking effect.
(3) Restructuring of any publicly owned enterprises the United States of Africa may acquire will be undertaken to bring them into line with the requirements of a competitive economy. This will be the responsibility of the treasury department, which shall exercise technical and legal supervision in agreement the respective federal secretaries.
(4) The states reaffirm that publicly owned assets shall be used exclusively for their original activities. As part of the federal structural adjustment, available revenue may be used in individual cases for debt relief for any public enterprises. First of all, their own assets shall be used. Assistance with debt relief may also be granted with the proviso that enterprises pay back the funds granted in whole or in part, depending on their economic capabilities. The treasury secretary may permit an extension of loan periods and, in the event of a fundamental change in conditions, give permission for the loan ceilings to be exceeded.
(5) A trust agency shall be empowered to assume sureties, guarantees and other warranties.
(6) Possibilities shall be provided for savers at a later date to be granted a vested right to a share in publicly owned assets for the amount reduced following conversion at a rate of two to one.
(7) Interest and capital payments on loans raised before the achievement of continental unity shall be suspended until the adoption of the opening balance in the Afro. Interest and capital payments on loans shall be paid to an account operated by the trust agency.
1) The draft of the Constitution for the United States of Africa shall be placed before the African people in a referendum for popular ratification.
2) (a) The African Constitution will be binding among the states that ratify it, which ratifying states shall effectively establish the United States of Africa.
(b) Non-ratifying states will be admitted into the federation when they subsequently ratify the African Constitution.
1) Following the ratification of the African Constitution, there will be a provision for its implementation.
1) Upon receiving the instruments of ratification from the states, the African Convention shall schedule and supervise the election of the first Congress and president within three hundred and sixty-five days.
3) The day of the first federal election shall be the permanent general election day of the United States of Africa. If, for instance, the first Congress and president will be elected on the third Wednesday of June 2015, all future general elections shall always be on the third Wednesday of June.
4) The Convention will stand dissolved upon the inauguration of the first Congress and president, both of who shall assume immediate charge of the implementation of the African Constitution.
4) The status of the African Union will be reviewed by the first Congress for reorganization, reassignment and incorporation into the federal system.
5) (a) The states will redraft their constitutions in conformity with the African Constitution and will be run by democratically elected governors.
SIGNED at Addis Ababa on this _____ day of____________________ 20_____.