Constitution of the Union of African Railways

UNITED NATIONS

Distr.

LIMITED

E/CN.H/TMS/83

28 September 1972 Originals ENGLISH

EGOMOMIC COMMISSION FOE AFRICA Conference for. the Establishment

of the Union of. African Railways Addis AlDa"ba, 18-23 September 1972.

CONSTITUTION OF THE

TJHION OF APRICAiV RAILWAYS

M72-1631

PREAMBLE

The African Railway Undertakings on whose "behalf this Constitution

is -signed;

Considering the. desire of the countries in which they operate to co-operate'" in "all fields of transportation especially the administration of railways and in the interest of African countries?

Realizing that the improvement of the operations of their railways and communications systems,' and the reduction of the cost of their opera tions necessary for the speedy and improved transportation of the natural resources, agricultural products and manufactures of the' Africa region to markets within the^region, and. to ports in the region for export,- can best be achieved by co-operation in and the co-ordiriation of their acti vities through the establishment of an African Railway. Union?

Hereby agree as follows: , ■ ■ • , - «■■■

Article I

Establishment and objectives

1, The Union of African Railways (hereinafter referred to-"as the"

"Union") is hereby established in accordance with the terms of this'

Constitution. ■ -

2. The Union shall have the following organss ' (a) the General Assembly? ' '

(b) the Executive Board?

(c) ' the General Secretariat ; and

(d) such subsidiary bodies as may be-established by the General

Assembly or the Executive. Board .in accordance with this

Constitution.

Page 2'

3. The official languages of the Union shall be W^ and _

4. The abjectwes .of • the Union shall bet _ .._..,

(a) to seek the standardisation, expansion, co-ordination and .;

improvement of railway services of the nepers of the Union .-- with * view to aiding the. to!each other and to other- means-;

' of transportation linking,theAfrica region to the world;

. and . . ■ ■ .■ ■ :

- („) to- establish, and maintain under, the terms of this. ConSti**-"-

■ :,■ tion relationships, with other transportation undertakes ,

;, ; ., or associationS:and interested governments and

.. -for, the study, of matters.of interest to, and the co-ordxna- . ■ . : tion and development ,of the activities of, the me^er, of

the Union. ' ■.. .. ■ ■■ ■ ;; ■ ■•;■ ■ -,, .";.■••.■ ■ ■. ■ ■ 5. The Cneral Ass^ly Bhall determine the Headauartere of the

Union.

Ariiole II

«^wflM, and associate;-negjernfffr- of tttB-Thlan

X. Meffi,erShip- of ^h^Union ;:shall * OP« to all railway undertakes tin the territories of the — State, of the United Hat;ons ~

Commission for Africa and the Organisation of African Unxt, wh^

(a) operate and provide railway services and facilities w.thxn

one or more of such territories; and

(,) operate these services and facilities for the benefit of ^ the public generally and for the carriage o, passenger, and

■goods-1:-for ;laire,.or reward. / . ... . -.■;. , . , .-'.-.

Admission fo- associate' membershipof the Union shall ba on,such

t as the Oeneral Assembly may determine and ghaU,.e.^en to

provide railway services and

of the public generally and for the carriage of passengers

and goods for hire or reward within the territory of a

State which is not a member State of the Economic Commission ''"■'. for Africa and the Organization of.African Unity. ,

(b) Railway undertakings or associations which do not operate and provide railway services and facilities for the benefit of the public generally either within the territory of a member.State of■the Economic Commission for Africa and the Organization, of African. Unity or elsewhere: provided that ..

a .State in whose territory, such services and facilities are operated and provided, participates effectively in the financing and management of such services and facilities.

(c) . Any other transport undertakings or associations.

Article III . .

General. Assembly - composition and functions

1. The General Assembly shall consist, of persons, appointed, for.that purpose by the members of the Union. Each member of the Union shall have the right to appoint one person to the General Assembly who may be accom panied by advisers and. experts as necessary.

2. (a) There shall be a President and four Vice-Presidents of the Union?

("b) The General Assembly shall elect a member, of the Union to hold the office of President of the Union and four members of the Union, one from each of the sub-regions of the Economic Commis

sion for Africa as set- forth in Appendix to this Constitution, to hold the offices of Vice-Presidents of the Union. The Presi dent and Vice-Presidents shall, each hold office''for two years and may be eligible, for re-election for .a further period of two .yearss Provided that .the same, member shall not "be eligible for

re-election to any of these offices for more than two consecutive t erms.

3.' The General. Assembly shall b.e presided over by the President of the Union. The General Assembly shall ,meet at least, once- a year... The General

Assembly may hold extraordinary meetings, on .the request of the Executive Board of the Union or of at least two-thirds of its members.

Page 4

4. Where the President' of the.Union is■■ for any reason unable to perform .his functions under this Article, a Vice-president of the Union chosen by the General Assembly for that purpose, shall perform the functions of the President of the Union... . ■ '

5. The .General Assembly shall adopt its own Bules of .Procedure for all its meetings' including ,rules relating to the time, place and notice of meeting,; representation of one or several members of the Union by another member of.the Union, voting, the participation of representatives of

associate members of the Union and other proceedings thereat^

6.1 The General Assombly shall : '

(a) notwithstanding the provisions of paragraph 5 of this Article,

approve any amendments to this Constitution by the votes of at least two-thirds of,the members of the Union, cast at a meeting of the General -Assembly;

(b) ;/ determine the conditions for :the admission of associate

.. :' '. ;, members of the Union ;in conformity--with the principles

-'■ ■ . established by the Organisation for African Unity; - ,P ■ "

(c) L determine the general principles and policies governing the

activities of the Union;

(d). review and approve the programme of activities and "budget

. ■' ■ . - 'and accounts of the Union; ■ .

(e) ' approve the annual contributions to be paid by members and

associate members of' the Union? ' ' :

. (f) approve the annual report on the activities of the Unions

■.. . .- (g;), .: appoint .the Secretary General, of the General Secretariat

■.. . ■■ ■.-■; : .and approve the . organization of the General Secretariat and its offices';.

(h)\ establish such subordinate bodies as it may deem necessary

. , ' , : or,desirable for the :purpose of achieving, the objectives . : .' .. -V;,..--. of .the.Union and"' prescribe :for such bodies rules i'or the ■■■ :"■

"! ' conduct of. their ■activities; and"-- ■ ■ ■■'■:■■.- ' . ■ " ■-,./■

(i) approve rules governing the financial, administrative and

other activities of the Union including the entering into contracto "by the Union and the .'establishment of relation ships between the Union and Governments or institutions desirous of assisting the Union or its' members in achieving the objectives of the Union.

6.2 (a) Subject, to the provisions of sub—paragraph 1 (a) of this

paragraph, the decisions of the General Assembly, except that relating to the dissolution of the Union and those of a' binding character as referred to in sub-paragraph 3 of this paragraph, shall be taken on a majority of the votes allocated to the members of the General Assembly present, and voting-

(b) Each member of the. Union shall have one votes Provided

that where a member of the Union is jointly owned by or administered and operated on behalf of more than one of the member states of the Economic Commission for Africa and the Organization, of African Unityj such member shall have as many votes as thenumber of member states of the- Economic Commission for Africa and the Organization of

". African Unity who jointly own it or-'on whose behalf it is administered and operatedc

(c) vThe General !Assem"bly shall 'decide to .register new railway lines operated by a member'of the Union for the "benefit of the public generally.and for the carriage>of passengers .,., .and goods for. hire .or .reward .shall,, upon .request by that

member, be made by. the Executive Board,

6.3 (a) Decisions of a:technical nature shall follow up the conclusions adopted by the Executive Board on the basis of such studies or surveys as it may have carried out .or. called forj such, decisions may take the form of:

— '■ simple^ recommendations5 . .

- decisions of a binding character.

E/CH.14/TKAUS/83

Page 6

Decisions of a "binding character may be adopted only on a.majority of three-quarters of .the votes allocated to . the members of the. General Assembly as a whole, and

provided that they are not opposed by at least two memberss

Provided however that? no tariff measure relating.to price or conditions of carriage, or any obligation to execute a contract . relating to the supply of goods and services.

. or work, may be imposed on a member of the.

. Union against its will.

(c) In the event that a member of the Union does not have

the power to implement on its own initiative a decision reached under,these conditions, the.said member must

justify its inability to implement such decision, to the General Secretariat. Such member of the Union shall inform the. .General Secretariat as.soon as an agreement to. implement the decision has.been reached.

Where no such decision has been reached,,, such me,mber of' the Union shall forward a yearly report to the . General Secretariat. .. ..

6.4 The General Assembly may dissolve the Union by the. approval of the votes cast by all the members of the Union of a meeting of the

General Assembly. . . :

6.5. Upon the approval of the General Assembly made inpursuance of sub-paragraph 4 of this'paragraph/, the General Assembly shall

appoint a Committee for the purpose,of liquidating the assets of

the Union. . . ■

6.6' At the end of each meeting of the General Assembly, it shall, adopt a Report which shall he circulated to all tho members and associate members.of the Union and to the United Nations Economic Commission for

Africa and the Organisation of African Unity,

6.7 The President of.the Union shall where there is an equality of votes at a meetiHg of the General Assembly, have !a casting vote.

Article IV

The Szecutive Board - composition and functions

1. The Executive Board shall consist of the President and-Vice-Presidents of the Union. It shall meet at least once a year and shall determine its own rules for its meetings and procedures thereat. Representatives of- members and associate members of the Union and Governments and institutions with which the Union has relationships, shall be invited to attend and

participate at meetings of tho Executive Board when matters of concern Nto them are being discussed but may not vote thereat.

2. The Executive Board shall:

(a) be entrusted with the administration of the Union;

(b) keep under review, direct, control and co-ordinate the financial, technical and other activities of the organs of the Union including:those of its subsidiary bodies established in accordance with this' Constitution!

(o) keep abreast of current developments in railway manage

ment, administration and operation and other matters

that may be of interest to the Union?

' (d) consider the programme of activities, budget and accounts of.the Union and submit them to the General Assembly for

approval;

(e) propose for the approval of the General Assembly the. . . . annual subscriptions to be paid by the members and associate

members of the Union?

Page 8

(f) present an'annual r'eporV en tlie activities of the Union to ■' the General Assembly? ■ ■ ■ .■ . ■

(g) determine the representation of the Union at meetings where the Union is required, to "be represented or otherwise?

,>■■■.'■■'->*.' ■ ■ ■ ■ • ■ -

(h) propose for the approval of the General Assembly rules governing the financial3 administrative and other activi ties of the Union and the establishment cf relationships

"between the Union and Governments'" or institutions desirous of assisting the Union o-r its> members in -achieving, the.

"objectives of the Union? . ■" ■ • r- ~ . .

(i) establish such subsidiary bodies as it may deem necessary or desirable for 'the performance'of its functions; and (a) .-appoint persons to offices in t^e General Secretariat other

. than the Secretary General..

3. The Executive Board shall; act on behalf of the Union for' the . ■;

purpose of Article VI of this Constitution and may delegate any of its functions to such subsidiary bodies established by it or to the

Secretary--S-en-eral, ' ' '

'"""""' ; Article V ■ . . ■ • ■ . ..■■■'.

The General Secretariat

1. The General Secretariat shall provide secretarial services to the General'Assembly and the Executive Board and convene their meetings in accordance with this Constitution and any rules made'under the provi sions of paragraph 5 of Article III and paragraph 1. of Article IV of this Constitution.. - ■" ' ■ : ■ ; -■■■"_

2. The head of the General:Secretariat shall "be called the. Secretary

General and shall be entitled to attend in an advisory capacity all

meetings of the General Assembly arid the Executive Board, - ■ .■ , .-

5« The General Secretariat shall:

(a) prepare the .provisional programme of ..activities, budget and accounts of. the .Union, and its organs, and-submit them,to the

. Executive Board for consideration? . . .. . _■_.,:■

(b) ensure the"dissemination of,the decisions of the.organs of the. Union to the members of the.Union and their implementa-

tionj and

,(c) - perform .any .of the functions that may be delegated to it

by the Executive Board. . ■

4. The Secretary General shall unless otherwise provided, represent

the Union at-meetings where the Union is required to be represented or

otherwise. ■ ■ - ■ . ,

Article .VI'

Status of the Union ■-...-.

The Union shall in the .country where it's headquarters is established seek and be accorded legal capacity in- accordance with- the laws of that country.to enter into contracts, acquire and dispose of immovable and movable property and to sue and be. sued, . - - ,

■■■'■'■" ' ■' Article VII ' ■ '

Special relationship with the United Nations Economic Commission for Africa and the Organization . of African Unity

1. The United Nations Economic Commission for Africa and.the Organisation of African Unity shall assist the Union in the implementation of this Constitution an&'its activities.

2. The-Union shall establish and maintain close and continuous working relationship with the United Nations Economic Commission for Africa and the Organization <>£ African Unity. ,

E/CJu.l4/TRAins/83"

Page 10

Article VIII '

of members of the Union

1. The members of the Union shall co-operate in every way so as to assist the Union in achieving its objectives. They shall in-particular :

(a) pay their annual contributions as approved by the General

Assembly and such special contributions as may be determined

"by the General Assembly or by mutual agreement for programmes

or projects carried out for them and ensure proper accounting for any grants or loans received from or through the good offices of the Union.

,_(t>) facilitate the collection, exchange and dissemination of

information?

(c) submit reports and information which may. be required by the

competent organs of the Union;

(d) make available training and research facilities on such terms

and conditions as may from time to time be agreed with the . appropriate organ of the Union,- and

(e) make available personnel on such conditions as may -be agreed

with the appropriate organ, of the Union; and

■ (f) ' attend regularly, unless for good cause, all meetings of the

various organs of the Union.

Article IX ;

Financial Resources of the Union

The resources of the Union shall be made up of the annual contributions of the members and associate members of the Union and other resources as

the Union may receive from Governments, institutions, the United Nations, the Specialised Agencies, other inter-governmental organizations and non

governmental organizations. The acceptance by the Union of such other resources shall in eveTy case, be subject to the approval of the Executive

Board and in accordance with the relevant provisions of the rules governing

the financial activities of the Union. ' ■

' - ■■ ' ■ Article X ■ . - ■ ■ ■..

Relationship with oiher bodies - ■ . - • "

1. The Union as appropriate, shall co-operate with such governments and institutions as are interested in its activities and which conform to the principles of the Organization of African Unity,

2. For the purpose of paragraph 1 of this Article ,the Union shall establish such relationships as the Executive Board may deem necessary.

.Article XI

■ ■ withdrawal and Suspension ■ . . . ■

1. Any member of the Union may withdraw from the Union at any time after the expiration of one year from the date on which it became a member of the Union, by giving written notice of its withdrawal to the President of the Union through the Secretary General. The

Secretary General shall forthwith inform all members of the Union of

the receipt of such notice of withdrawals

■ Provided that a notice of withdrawal may be withdrawn. . before the expiration of the period of one year as prescribed,

in'paragraph 2 of" this Article. , .. . '■

2. Withdrawal shall become effective one year from the date of receipt

.by the Secretary General of-the ■notice of withdrawals

Provided that" any member of the Union withdrawing from

the Union shall, nevertheless, remain liable for the;. fulfilment . . ■ of its financial obligations to the Union, including the payment

■ -"of- assessed contributions-in respect of the entire year .in.which ,

'"''' : the "notice of - withdrawal takes effect. ■_•■■■■" .

3. The General Assembly may by a two-thirds majority of all votes- that may. be cast at its meeting suspend a member of the Union who

persistently fails to meet its financial obligations towards the Union, fails to fulfil any other obligations under this Constitution, or fails . to comply with the decisions of the General Assembly. The same majority

shall be required for a decision of the General Assembly to revoke the

■ suspension imposed on a member of the 'Union. ■ The suspension of a member

Page 12

of the Union shall not relieve that member from the fulfilment of its financial obligations during the period of suspension. The General Assembly may prescribe rules relating to the witn&rawal and suspension

of associate members of the Union.

Article XII

Settlement of disputes

Any problems that may arise concerning the application of any of

tho provisions of this Constitution? which cannot "be settled by the

members of the Union concerned*- shall be submitted to the General Assembly whose decision on the matter shall be binding on all .the

members of ths Union,

Final provisions ■ ■ .

1. This Constitution shall come into force when signed by the

majority of accredited participants present at the meeting to consider the adoption of the Constitution of the Union and whereupon such

railway undertakings represented "by such accredited representatives

shall become members of the Union.

2. Railway undertakings desirous of becoming members of the Union after the coming into force of this Constitution may do so by communica

ting to the General Secretariat of the Union.

3. This Constitution of which the English and French texts are

equally authentic shall be deposited at the Headquarters of the Union.

The Secretary General shall transmit certified copies thereof to members

or associate members of the Union.

IN WITNESS WHEREOF, the undersigned being duly authorized"-repre-" ■'

sentatives of tkeir respective railway undertakings, have initialled this Constitution on,the dates appearing under their initials.

Algeria

Societs nationale des chemins de fer algeriennes .

Cameroon

R%ie de Chemin tie fer du Cameroun

Congo (People's Republic of) Chemin de fer Congo-Ocean "

Dahomey

Organisation Commune Dahomey-

Niger des Chemins- defer et' des transports

Ethiopia

Cie. du Chemin de .fer Franco-

Bthiopien de Djibouti a

Addis-A"beba

North- Ethiopia- Railway ■

Ghana

Ghana Railways and Ports ■■ ■

Authority

Ivory Coast

Regie du Chemin de fer Abidjan-

tfi

Kenya

East African Railways Corpora tion

M.1 Kellou Abdelouahah 23/9/1972

Charge dTAffaires a.i.

Tanzania

M. Dakole Daissala - Directeur des transports

M. Tohich>ile, Stephane

Robert Directeur

M. Do'Rego Charles Directeur adjoint

M. Petit Bernard Directeur general

Ato Yacob Zanios Director of Board

Mr."P.O. Aggrey General 'Manager

M. Konate Lancina Directeur general

Mr. Dan. Wadada Nabudere "

Chairman

East African Railways Corp.

I. iTIni—11 ' «"""■

Page 14

Madagascar ■ ■ -

Reseau national des Chemins de f er Malgache

Malawi

Malawi Railways Ltd.

Mali

Regie du Chemin de fer du Mali

Morocco

Office national des chemins de fer du Maroc (ONCFM)

Nigeria

.Nigerian Railway Corporation

Senegal

Chemins de fer du Senegal

Sudan

Sudan Railways

Swaziland

Swaziland Railway (Ministry of

Works, Power and Communications

Tanzania

East African Railways Corporation

M. Ranaivoarivelo Raymond 23/9/1972

Directeur

Mr. DeVilliers Richard Kat enge 2a

Execut ive Chairman

M. Oumar Eore

Consveiller technique Ministere des transports

M. Kanouni Driss Ingenieur en Chef Direction OHCFM

Mr. Theophilus General Manager

M. Adama Diagne Secretaire general

Mr. A"bd3l Moneim Atbas General Manager

Mr. Jonathan Sipho Felizwe Magagula Permanent Secretary Ministry of Works, Power

and Communications .

Mr. Ban- Madada Babudere Chairman

East African Railways Corporation.

5

! 1

Togo

Chemins de fer du Togo

(Ministers des travaux put lips)

Tunisia

Societe nationale des chemins de fer Tunisiens

Uganda

East African Railways . Corporation

Upper Volt a

Re"gie du Cbemin de fer Abidjan-Figer

Zaire

Chemin de fer Kinshasa-Dilolo- Lubumbashi

Office national des transports

du Zaire. (QHATHA). ■ .

Office des Chemins de fer des

Grands Lacs (CFL)

Chemins de fer Vicinaux du

Zaire (CVZ)

Zambia

Zambia Railways

M. Kada Theophile Kodjovi 23/9/1972

Conseiller technique au . Ministere des travaux publics

Mr. Dan. Wada&a Kabudere Chairman

East African Railways Corp.

M, Konate Lancina Lirecteur general

M. Sapou Kapanvule Malela Sous—Directeur des transports

Mr. H.J. Fast Geia.eral Manager

APPENDIX

Feet African Sub-region East'African Sub-region

lo Dahomey 2O Gambia

"3= Ghana

4- Guinea 5. Ivory Coaat 6D Liberia 7- Mali,

8tf Mauritania 9-; Kiger 10. Nigeria 11« Senegal 12, Sierra Leone .13' Togo

14. . Upper Volt a

1,

4, 5<>

6.

7*

8.

9.

10, 11, 12- 13n

Botswana Ethiopia Kenya Lesotho Madagascar Malawi Mauritius

Rwanda Somalia Swaziland Tanzania Uganda

Zambia

Central African Sub-region

1.

2, 3.

4-

% 6.

. 8O

Burundi Gaioeroun

Central African Chad

Congo (People's

Republic

Republic of)

Equatorial Guinea , - Gabon

Zaire

African Sub-region

Algeria

Libya Morocco Sudan Tunisia