PREAMBLE
We, Members States of the African Union:
RECALLING the objectives and principles enunciated in the Constitutive Act of
the African Union, adopted on 11 July 2000 in Lomé, Togo, in particular the
commitment to settle their disputes amicably;
ALSO RECALLING the African Union Ministerial Conferences of 1999 in
Mauritius and 2003 in Kigali calling for the establishment of a Human Rights Fund
in Africa.
CONSIDERING Article 3 of the African Charter on Human
on equality before the law and equal protection of the law;
and Peoples’ Rights
RECALLING Article 7 of the African Charter on Human and Peoples' Rights on
the right to have one's cause heard;
FURTHER RECALLING the right to free legal representation as enshrined under
Article 10(2) of the Protocol to the African Charter on Human and Peoples’ Rights
onthe Establishment of the African Court on Human and Peoples' Rights;
MINDFUL of Declaration 41 of the African Commission on Human and Peoples'
Rights on the Right fo Fair Trial and Legal Aid in Africa;
ACKNOWLEDGING the
and Legal Aid in-Africa;
Rrinelples and Guidelines on the Right to a Fair Trial
RECALLING the decision of the African’Court on Human and Peopies’ Rights at
its 25! Ordinary Session calling for the-formulaticn and establishment of a legal
aid scheme for the Court;
BEARING IN MIND Decision (EX.CL/Dec.865 (XXVI) of the Executive Council
at: its. 26th: Ordinary Session authorizing the Court to establish a judicial
assistance Fund within the framework of resources already allocated to it and
the mobilization of voluntary resources of Member States;
CONVINCED that the attainment of the objectives of the African Union requires
the creation of a Legal Aid Fund;
HAVE
AGREED
AS FOLLOWS: