African Civil Aviation Commission Constitution (AFCAC)

Done at: Addis Ababa

Date enacted: 1969-01-17

In force: 1972-03-15

Content

Objectives
Functions
Organization and working arrangements
Financial matters
Signature, ratification and withdrawal
Amendment

1.	The African Civil Aviation Commission (AFCAC) is an autonomous body and membership shall be open to African States members of ECA or OAU.
2.	AFCAC is a consultative body and its conclusions and recommendations shall be subject to acceptance by each of the governments.

Objectives

The objectives of AFCAC are:

(a)	to provide the civil aviation authorities in the Member States with a framework within which to discuss and plan all the required measures of co-ordination and co-operation for all their aviation activities;
(b)	to promote co-ordination, better utilization and orderly development of African air transport systems.

Functions

(1)

The functions of AFCAC shall, in particular, include:

(a)

formulating plans at the regional and sub-regional levels for the operation of air services within and outside Africa;

(b)

carrying out studies of the feasibility of standardization of flying equipment and ground units servicing aircraft;

(c)

carrying out studies of the possibility of integration of the policies of governments regarding commercial aspects of air transport;

(d)

carrying out studies of intra-African fares and rates with a view to adopting a structure conductive to the rapid growth of traffic in Africa;

(e)

carrying out studies of regional or sub-regional air transport economic questions other than those mentioned i n (b), (c) and (d) above;

(f)

encouraging the application of ICAO standards and recommendations on facilitation and supplementing them by further measures aimed at greater facilitation of the movement by air or passengers, cargo and mail;

(g)

fostering arrangeme nts between States whenever this will contribute to the implementation of

(i)	ICAO regional plans for air navigation facilities and services, and
(ii)	ICAO specifications in the fields of airworthiness, maintenance and operation of aircraft, licensing of personnel and aircraft accident investigation.

(h)

fostering and co-ordinating programmes for the development of existing and future training facilities to cope with the present and future regional and subregional requirements for personnel in all fields of civi l aviation;

(i)

studying the need for collective arrangements for technical assistance in Africa with a view to obtaining the best possible use of all available resources, particularly those provided within the framework of the United Nations Development Programme.

(2)

AFCAC shall, in the exercise of its functions, work in close consultation and cooperation with OAU, ECA, ICAO and any other governmental or non-governmental international organization concerned with civil aviation.

Organization and working arrangements

AFCAC shall meet in ordinary plenary session once every two years.

At each ordinary plenary session, AFCAC shall elect its President and four Vice Presidents, one for each sub-region, who will constitute the Bureau of AFCAC.

Extraordinary plenary meetings may be convened by the Bureau and must be convened if the Bureau received a request from two -thirds of the AFCAC members.

At each ordinary plenary session, AFCAC shall establish its work programme for the period until the following ordinary plenary session.

The direction, co-ordination and steering of the work programme between ordinary plenary sessions shall be the responsibility of the Bureau of AFCAC.

10.

AFCAC shall determine its own internal organization, arrangements and procedures, including the formation of committees to study special aspects of civil aviation in Africa.

11.

Member States should be represented at meetings of AFCAC by delegates senior in rank and competent in the field to be discussed for the authoritative handling of the problems.

12.

There shall be established by AFCAC a Secretariat for organizing studies, meetings, maintenance of records and the like. The rules governing the recruitment and conditions of service of the staff shall be determined by AFCAC, ICAO, during the initial period to be determined by AFCAC, shall have the following responsibilities:

(i)	to provide staff to carry out studies, organize meetings and undertake related activities;
(ii)	to handle minutes, correspondence, etc.

ACFAC shall make full used of the experience and assistance of ICAO in conformity with the practice followed by the latter with similar international organizations.

Financial matters

13.

At each ordinary plenary session, AFCAC shall prepare and approve a budget of the direct costs of its activities, as indicated in the work programme for the ensuring years. AFCAC shall establish its own financial rules for the assessment of members’ contributions and control of expenditure. As regards the indirect costs, these shall be the responsibility of ICAO in accordance with the practice followed by ICAO in the joint financial field under Chapter XV of the Chicago Convention.

Signature, ratification and withdrawal

14.

The present constitution is open to signature by all States attending the Constitutive Conference of AFCAC and by all other independent African States members of the OAU or ECA.

The instruments of ratification shall be deposited with the Secretariat of the OAU which shall give notice of the date of deposit to AFCAC and all Member States of AFCAC.

The present Constitution shall be open for the signature of African States as of 17 January 1969 at the Headquarters of the OAU in Addis Ababa.

The Constitution shall come into force provisionally as of 17 January 1969 and shall come into force definitively after ratification by twenty Member States.

15.

To withdraw from AFCAC, a State shall address a notification to that effect to the Secretariat of OAU which shall immediately notify AFCAC and all other members.

Withdrawal shall take effect one year from receipt of the notification.

Amendment

16.	This Constitution may be amended by a two-thirds majority of all members.