• Faki said that the powers of the Chairperson to grant Observer Status to a non-African state are established by the Sirte Criteria of 2005.
• Following his step, seven-member Heads of State panel led by South Africa President Ramaphosa will consider his decision.
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African Union Commission chairperson Moussa Faki Mahamat has explained why he granted the State of Israel the Observer Status.
The move has attracted varying reactions from the member states, as the seven-member Heads of State panel led by South Africa President Ramaphosa considers Faki’s decision.
Faki spoke during the 35th Ordinary Session of the African Union Assembly that took place in Addis Ababa, Ethiopia.
He said that the action was in direct line with his office's mandate as the Legal Representative of the union.
“One of the four fundamental objectives of the Institutional Reform of the AU, as enshrined in the Decision 635, comes to mind, that is the strengthening of the voice and place of Africa in the world. This objective echoes the Seventh Aspiration of Agenda 2063 which aims at and I quote: “An Africa which acts as a player and a strong, united and influent partner on the international scene (end of quote),” Faki said.
He added that:
“I am constantly keen to promote the interests of the Union and to reinforce the positions taken by the Member States in international fora. It is out of this concern and in this sole concern, that at the request of several Member States and after an in-depth consideration, I decided on 22 July 2021 to grant the State of Israel the Observer Status.
“I would like, in all transparency, after having presented them to the Executive Council of 14/15 October 2021, in conformity with the criteria of Sirte, to refer, before your august Assembly, to all the aspects of the decision, which I thought I had to take, in good faith.”
Faki said that the powers of the Chairperson to grant Observer Status to a non-African state are established by the Sirte Criteria of 2005.
“These criteria provide, in Part II, SECTION II.1: A non-African State or organisation wishing to be accredited to the AU should address its request to the Chairperson of the AU Commission” In paragraph 2 of the same section: “The Chairperson shall consider such requests on the basis of the principles and objectives of the Constitutive Act, relevant decisions of AU Organs and these criteria.
“In para 2 of the same section: “The Chairperson shall consider the said request bearing in mind the best interests of the Union as well as the views and concerns of the Member States. If, in his considered opinion, there is no reason not to accept the request, the Chairperson shall accept the Letter of accreditation from the Head of Mission or the representative of the State concerned. The result is that he is empowered to grant Observer Status. This right is not limited, nor subject to any form of prior consultation of any Member State, nor to any internal or external legal or political opinion and may be exercised at any time.”
He said that by granting the Observer Status to the State of Israel, he acted in full compliance with his prerogatives and powers while respecting the procedure.
Faki outlined four essential elements that convinced him to take the action.
- The number of AU Member States that have recognised the State of Israel. The number does not leave any doubt. 44 members of our Organisation recognise Israel and have established diplomatic relations with that State. He said that 17-member states have opened Embassies in Tel Aviv, and 12 have opened General Consulates there.
- The number of Member States that expressly asked for this accreditation. He said the number of Member States which expressly asked for the granting of Observer Status to the State of Israel appeared to him larger than that of the Member States that did not recognise Israel.
- The harmony and coherence of the union decision with the consistent option which is that of the AU Organisation and the entire international community, particularly the United Nations, that is the recognition and solemn support to the Two-States solution, for the Palestinian and Israeli peoples.
- The fourth conviction, he said was based on a single African country, Egypt.
“Do we have less confidence in our organisation that we cannot imagine that it can play a role, be it small, in the resolution of a conflict which concerns us politically and emotionally? Why the presence of Israel, only as an Observer, because we have not exchanged representatives with it, as some among those which criticize the decision, have done, cannot facilitate the support of the AU to the efforts of African countries to alleviate the sufferings of the Palestinian people?”