¹ Arnold, G., “New Directions for the 1980's”, Africa Report, 05–06, 1981, 58–61.Google Scholar

² Téevèodjre, A., Rapporteur of the Symposium on the Future Development Prospects of Africa Towards the Year 2000, held in Monrovia (Liberia) 12–16 02, 1979, What Kind of Africa by the Year 2000? O.A.U. 1979, 13.Google Scholar

³ Ibid.

⁴ Ibid.

⁵ Lagos Plan of Action for the Economic Development of Africa, 1980-2000, O.A.U. 1981, published by the International Institute for Labour Studies, GenevaGoogle Scholar.

⁶ It is not suggested that the Plan covers all aspects of economic development planning in sufficient detail, since certain areas such as the energy problems of Africa should have merited deeper policy discussions than is evidenced by the Plan. However, a detailed analysis of every aspect of the Plan would be outside the scope of this discussion.

⁷ The functionalist approach to international law is a method of correlating the development and study of international law with the satisfaction of certain social functions in the international system, rather than the adoption of a positivist, rule-orientated approach. See Falk, R. A., “New Approaches to the Study of International Law”, (1967) 61 A.J.I.L. 477–495 at 491.Google Scholar

⁸ These were the Union Africaine et Malgache and Monrovia groups. The U.A.M., also referred to as the Brazzaville Group, was formed on 12 September, 1961, and was composed of Cameroun, Gabon, Dahomey, Ivory Coast, Malagasy, Mauritania, Nigeria, Senegal and the Upper Volta. The Organization of Inter-African and Malagasy States (Monrovia Group) was formed on 30 January, 1962, following a preliminary conference in Monrovia on 12 May, 1961, and was composed of Ethiopia, Liberia, Nigeria and Tunisia.

⁹ This was held by the African States of the Casablanca Charter (Casablanca Group) which was established on 7 January, 1961, and was composed of Ghana, Guinea, Mali, U.A.R., Algeria, Morocco and Libya. See generally M'buyinge, Elenga, Pan Africanism or Neo-Colonialism: The Bankruptcy of the O.A.U.,London, 1982.Google Scholar

¹⁰ See Akintan, S. A., The Law of International Economic Institutions in Africa, Leyden, 1977, 11.Google Scholar

¹¹ Ibid, 12.

¹² Ibid. 14.

¹³ Established by the governments of Belgium, France, Southern Rhodesia, the Union of South Africa and the United Kingdom.

¹⁴ Signed in Paris on 12 May, 1962, by the Governments of Ivory Coast, Dahomey, Upper Volta, Mali, Mauritania, Niger, and Senegal. (The Mali Government announced on 30 June, 1962, that it would not ratify the Treaty.)

¹⁵ Also signed in Paris, on 12 May, 1962.

¹⁶ First Biennial Review of African Performance, Second U.N. Development Decade, E/CN. 14/600, 11Google Scholar.

¹⁷ The 51st Member of the O.A.U. is the Sahrawi Arab Democratic Republic (S.A.D.R.) which was admitted controversially to the O.A.U. by its Secretary-General at the 38th Ordinary Session of the Council of Ministers in February, 1982. This led to virtual paralysis of the O.A.U. for two years. See further below n. 63. The question of whether the S.A.D.R. is, in fact, a state in international law is, however, debatable. It has only been recognised as such by some 50 states, chiefly those of the Third World. See Nildi, G. in [1982] J.A.L. 26, 152–162Google Scholar.

¹⁸ The European states which were former Members of the E.C.A. were France, U.K., Spain and Portugal. The first three had their full Membership status reduced to Associate Membership and eventually ceased to be Members when the territories in Africa, for which they were responsible, attained independence. Portugal was expelled by E.C.O.S.O.C. Resolution 974 DIII(XXXVI) on 24July, 1963, for refusing to accept a change of status from full Membership to Associate Member. The hostile attitude of African states towards South Africa led to the decision of the South African government not to attend or participate in the activities of the E.C.A. so long as that feeling persisted and her membership was eventually suspended by E.C.O.S.O.C. in Resolution 974 DIV(XXXVI) of 30 July, 1965. See generally Ajomo, H. A., “Regional Economic Organisations—The African Experience”, (1970) 25 I.C.L.Q. 58–101 and S. A. Akintan, op citGoogle Scholar.

¹⁹ Paragraph l(g) of the E.C.A.'s Terms of Reference states: “In carrying out the above functions, deal as appropriate with the social aspects of economic development and the inter-relationship of economic and social factors”.

²⁰ Adedeji, A., The Economic Commission for Africa, U.N., New York, 1979, 7Google Scholar.

²¹ Newman, Parley W. Jr., “Regionalism in Developing Areas U.N. Regional Economic Commissions and their Relations with Regional Organizations” in Andemicael, B. (ed.), Regionalism and the U.N., U.N.I.T.A.R., 1979, 374Google Scholar.

²² Art. II(l)(b) of the O.A.U. Charter states the need for African states “to co-ordinate and intensify our co-operation and efforts to achieve a better life for the peoples of Africa”. A further elaboration of the Charter's aims and objectives in this area was adopted by the Council of Ministers in a 1970 Memorandum, CM/Res. 219(XV) which deals with the responsibilities and role of the O.A.U. in the economic and social field. It has since been regarded as the key document of the O.A.U. on these matters. See Kamanda, J. G., “L'Organisation de l'unité Africaine et le développement economique de l'Afrique”, (1972) J.A.L. 280 at 284Google Scholar.

²³ These Specialised Commissions, excluding the Labour Commission, were subsequently merged and reduced to three in number by the O.A.U. Assembly in 1968. However, of these three only the Defence Commission and the O.A.U./S.T. R.C. (see above) are operational, though there are plans to re-vitalise the Economic and Social Commission (see text below at n. 74 and n. 79) in the context of the Lagos Plan of Action.

²⁴ The Economic Development and Economic Department (EDECO) has undergone recent dramatic change, having increased in size from a mere six officers to approximately 28 between 1979 and 1982, which illustrates the growing role of the General Secretariat in the economic and social affairs of the O.A.U.

²⁵ Andemicael, B., Peaceful Settlement Among African States: Rules of the O.A.U. and the U.N., U.N.I.T.A.R., New York, 1972, 200Google Scholar.

²⁶ Proceedings of the Summit Conference of Independent African States, Verbatim Record, Preparatory Conference of Foreign Ministers, 15–25 05, 1963, Committee 1 Third Meeting, c-1 -111, 35–36Google Scholar.

²⁷ Agreement between the U.N. and the O.A.U. on Co-operation between the latter and the U.N. Economic Commission for Africa, 1965, reproduced in Andemicael, op. cit., Appendix IIIGoogle Scholar.

²⁸ This title was subsequently changed at the 1979 Monrovia Summit of the O.A.U. Assembly. The word “Administrative” was deleted because it was decided that the previous title was too restrictive and unduly confined the role of the executive head of the O.A.U.

²⁹ Andemicael, op. cit., at 214.

³⁰ Mr. Telli, a Francophone, has been described as a “radical, an ardent anti-imperialist and an enthusiastic pan-Africanist”. See Magee, James S., “E.C.A. and the Paradox of African Co-operation”, 11 1970, No. 580, Int.Org. 5 at 32Google Scholar.

³¹ Mr. Gardiner (Ghana) has been described as a man with an international reputation, extensive administrative experience, wide political contacts and significant ambition, “but reserved and a quiet moderate”. See Magee, , op. cit., at 12, 32.Google Scholar

³² See Gardiner's remarks at the Sixth and Seventh Sessions of E.C.A. U.N. Doc. E/CN. 14/SR. 100–113 (VI), 25 11, 1964, at p. 95 and E/CN. 14/SR. 114–127 (VII), 9 November, 1966, at 8.Google Scholar

³³ Para. 1(a) of the E.C. A.'s Terms of Reference.

³⁴ Para. 1(f) of the E.C.A.'s Terms of Reference.

35 Of those created, the following pairs had almost identical functions:

(i) The O.A.U. Transport and Communications Committee and the E.C.A. Working Party on Transport and Telecommunications;

(ii) The O.A.U. Expert Group on Economic Integration and the E.C.A. Working Party on Intra-African Trade; and

(iii) The O.A.U. Expert Committee on Education and the E.C.A. Working Party on Manpower and Training.

For further details see Andemicael, op. cit., at 205.

³⁸ See above n. 28.

³⁷ The move towards decentralisation refers to the reform of the U.N. system in favour of diverting more and more of the activities formerly carried out by U.N. Headquarters in the economic and social sector to the U.N. regional organisations. The decisive legal step to implement this was taken by the General Assembly in its Resolution 32/197 of 20 December, 1977, entitled “Restructuring of the Economic and Social Sectors of the United Nations' System”. This resolution strengthened the role of the (five) U.N. regional commissions and called upon them to exercise team leadership and responsibility for regional co-operation and co-ordination, taking into account the activities of other U.N. bodies, particularly the U.N.D.P.

³⁸ This is a direct result of G.A. Res. 32/197 discussed above n. 37, since it also provides for U.N. regional commissions to take part in global policy-making and to actively participate in the actual implementation of those policies and programmes through direct operational activity.

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⁴⁰ Following a recommendation of the Institutional Committee of the Assembly in 1965, the O.A.U. decided to merge its then five specialised Commissions into three. See above, n. 23. The E.C.A. also underwent some institutional reform, including the abolition of all but one of its seven working parties, in an attempt to make far more efficient use of scarce resources, both financial and human.

⁴¹ Newman, , op. cit., at 376.Google Scholar

⁴² Cervenka, Z., “The O.A.U. in 1976” in Legum, C. (ed.), Africa Contemporary Record, Annual Survey and Documents, 1976–1977, A68 at A74Google Scholar.

⁴³ See the discussion below.

⁴⁴ Entitled “Africa's Strategy for Development in the 1970's”, 13 02, 1971Google Scholar.

⁴⁵ O.A.U. Assembly Declaration C/ST.ll (XXI), 25 May, 1973, endorsed the “African Declaration on Co-operation, Development and Economic Independence" which was adopted by the African Ministerial Conference on Trade, Development and Monetary Problems organised jointly by the O.A.U., E.C.A. and the A.D.B. (Abidjan, 9–13 May, 1973).

⁴⁶ The Group was convened in compliance with resolution CM/Res. 437(XXV) of the O.A.U. Council of Ministers at its Twenty-Fifth Ordinary Session at Kampala, 18–25 July, 1975, and met in Addis Ababa, 13–16 August, 1975.

⁴⁷ Doc. E/CN.14/ECO/90/Rev. 1, 6 December, 1975, adopted by the 1976 Executive Committee of the E.C.A. in May, 1976, and then by the Kinshasa Extraordinary Session of the O.A.U. Council of Ministers and subsequently endorsed by the O.A.U. Assembly in July, 1977.

⁴⁸ This Declaration was adopted by a Ministerial Meeting of African members of U.N.C.T.A.D., convened jointly by the E.C.A. and the O.A.U. in October, 1967, in preparation for the Ministerial Meeting of the Group of 77 which subsequently adopted the Declaration as part of the “Algiers Charter" of the “Group of 77” within U.N.C.T.A.D. See O.A.U. Doc. CM/203, February, 1968, and U.N. Doc. A/C.2/237, 6 11, 1967.Google Scholar

⁴⁹ For a fuller analysis, see Andemicael, op. cit., at 224ff.

⁵⁰ E.C.A. Doc. E/CN.14/525, Report of the E.C.A. /O.A.U. Conference of Ministers of Industry, May, 1971.

⁵⁰ E.C.A. Doc. E/CN.14/525, Report of the E.C.A. /O.A.U. Conference of Ministers of Industry, 05, 1971.Google Scholar

⁵¹ See generally, Cervenka, Z., The O.A.U. aad its Charter, New York, 1969 and Andemicael, op. cit.Google Scholar

⁵² E.C.A. Res. 398 (XV) entitled “Plan of Action for the implementation of the Monrovia Strategy for African Development”, 12 04, 1980,Google Scholar

⁵³ They are contained in the Reort of the Secretary-General on the Programme for national and collective self-reliant development in Africa in accordance with the Monrovia Declaration, ECM/ECO/6 (XIV), Lagos, 04, 1980Google Scholar.

⁵⁴ Lagos Plan of Action for the Economic Development of Africa 1980–2000, International Institute for Labour Studies, Geneva, 1981.Google Scholar

⁵⁵ Taken from a report of the Summit contained in Africa Research Bulletin, Vol. 17, No. 4, 31 05, 1980, at 5494 (my italics).Google Scholar

⁵⁶ Lagos Plan of Action, at 128.Google Scholar

⁵⁷ See text at n. 7.

⁵⁸ For an analysis of the relevant economic and social matters, see Magee, op. cit., at 23ff. The issue of sovereignty has also arisen in relation to territorial and boundary disputes where the O.A.U. has adopted a policy of acceptance of colonial boundaries, despite moral and historical argumentsfor their readjustment. See, for instance, the Resolution on Border Disputes passed by the O.A.U. Assembly in 1964 and reprinted in Brownlie, I., African Boundaries: A Legal and Diplomatic Encyclopaedia, London, 1979, at 10, 11.Google Scholar

⁵⁹ Andemicael, op. cit., at 219.Google Scholar

⁶⁰ Ibid.

⁶¹ O.A.U. Doc. CM/Cttee.B/Rapt/Rpt (XXXVII) at 42.

⁶² Progress Report of the Secretary-General on Measures taken to Implement the Lagos Plan of Action and the Final Act of Lagos, CM/1134 (XXXVII) at 6.Google Scholar

⁶³ See the Proposed Outline of a Draft Treaty Establishing the African Economic Community, CM/1134 (XXXVII) Annex II at 2. Subsequently, the O.A.U. 19th Summit which should have taken place in Tripoli, Libya, in June, 1982,Google Scholar was postponed twice due to disputes over the representation of Western Sahara by the S.A.D.R. and of Chad. It was eventually held in June, 1983, in Addis Ababa after a virtual paralysis of the O.A.U. for two years but was inevitably dominated by political debate on the issue of Western Sahara and the appointment of a new Secretary-General. See The Guardian, 10 06, 1983, at 6.Google Scholar

⁶⁴ See text above at p. 10.

⁶⁵ Proposed Outline of a Draft Treaty Establishing the African Economic Community, at 2.Google Scholar

⁶⁶ Ibid, at 3, 4.

⁶⁷ Ibid, at 4.

⁶⁸ Ibid, at 6.

⁶⁹ Recent initiatives include the conclusion of a treaty establishing a Preferential Trade Area in May, 1981, by nine Eastern and Southern African countries, which is aimed at the eventual creation of an economic community of 15 African States in that region. See “Africa Research Bulletin”, Economic, Financial and Technical Series, Vol. 18, No. 5, at 6026. The creation of the Southern African Development Co-ordination Conference in Lusaka in April, 1980, is another example of regional co-operation as supported by the Lagos Plan of Action. See Southern Africa Towards Economic Liberation: A Declaration by the Governments of Independent States of Southern Africa, Lusaka, 04, 1980, S.A.D.C.C, London, 1980.Google Scholar

⁷⁰ Lagos Plan of Action, Annex II at 129.Google Scholar

⁷¹ See text at n. 27

⁷² O.A.U. Doc. CM/1134 (XXXVII) Annex I.

⁷³ Report of the Rapporteur, Committee B, CM/Cttee.B/Rapt/Rpt (XXXVII) at 35.Google Scholar

⁷⁴ Progress Report of the Secretary-General on measures taken to implement the Lagos Plan of Action and the Final Act of Lagos CM/1134 (XXXVII) at 5.Google Scholar This move is authorised by part 5 of the Resolution in the Lagos Plan.

⁷⁵ E.C.A. Doc. E/CN.14/801, E/CN. 14/TPCW. 11/18.

⁷⁶ Report of the 2nd Meeting of the Technical Preparatory Committee of the Whole, E/CN. 14 813, 5 04, 1981, at 3.Google Scholar

⁷⁷ CM/Cttee.B/Rapt/Rpt (XXXVII) at 37.

⁷⁸ Taken from O.A.U. Doc. CM/Cttee.B/Rapt/Rpt (XXXVII) Nairobi, 06, 1981, at 40Google Scholar.

⁷⁹ Discussed above, n. 37.

⁸⁰ See above, n. 35.

⁸¹ See Part II of the Memorandum entitled “Mechanism for O.A.U./E.C.A. Inter-Secretariat Co-operation”, para. 5(i) and (iv).

⁸² Ibid. para. 6(a) and (b).

⁸³ Part I of the Memorandum, para. 2.

⁸⁴ See Southern Africa Towards Economic Liberation: A Declaration by the Governments of the Independent States of Southern Africa, Lusaka, 1 04, 1980, S.A.D.C.C, London, 1980.Google Scholar

⁸⁵ See “Africa Research Bulletin”, Economic, Financial and Technical Series, Vol. 17, No. 4, 05 31, 1980,Google Scholar at 6024 and Ajomo, M. A., “Regional Economic Organizations—The African Experience”, (1970) 25 I.C.L.Q. 58–101 at 100.Google Scholar

⁸⁶ At the end of 1983, 9 out of a total of 15 states had ratified the Treaty establishing the P.T.A. and the E.C. A. has appealed for the others to do so: see Report of the Technical Preparatory Committee of the Whole, on its Fourth Meeting, 04'05, 1983, E/ECA/CM.9/28 at 26.Google Scholar

⁸⁷ The E.A.C. operated from 1967 to 1977. See further, Cox, T. S., “Northern Actors in a South-South Setting: External Aid and East African Integration”, 03, 1983, XXI, 3 Journal of Common Market Studies 283–312Google Scholar and Marasinghe, M. L., “A Review of Regional Economic Integration in Africa with Particular Reference to Equatorial Africa”, (1984) 33 I.C.L.Q. 39–56 at 55.Google Scholar