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REV 1 3 rd meeting of Administrative and Technical Committees 7 to 9 April 2018, Algiers, Algeria PAPU/AC/PSGC/03/2018 - Doc No. 01 Original: French POLICY, STRATEGY AND GOVERNANCE COMMITTEE (PSGC) DRAFT AGENDA BUREAU CHAIR : ZAMBIA VICE-CHAIR : GABON RAPPORTEUR : SECRETARIAT GENERAL WORKING HOURS MORNING : 09:00 - 12:30 TEA BREAK : 10:30 - 11:00 AFTERNOON : 14:00 - 17:00 TEA BREAK : 15:15 - 15:45 AGENDA DOCUMENT 1. Installation of Bureau 2. Opening remarks by Chairperson 3. Agenda PAPU/AC/PSGC/03/2018 - Doc No.01 4. Update on implementation of Decisions, Resolutions and Recommendations of the 36th Ordinary Session of the AC PAPU/AC/PSGC/03/2018 - Doc No.02 Annex 1 5. Presentation of amendments to the PAPU/AC/PSGC/03/2018- 1

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REV 13rd meeting of Administrative and Technical Committees7 to 9 April 2018, Algiers, Algeria PAPU/AC/PSGC/03/2018 - Doc No. 01 Original: French

POLICY, STRATEGY AND GOVERNANCE COMMITTEE (PSGC)DRAFT AGENDA

BUREAUCHAIR : ZAMBIA

VICE-CHAIR : GABON

RAPPORTEUR : SECRETARIAT GENERAL

WORKING HOURSMORNING : 09:00 - 12:30 TEA BREAK : 10:30 - 11:00 AFTERNOON : 14:00 - 17:00 TEA BREAK : 15:15 - 15:45

AGENDA DOCUMENT1. Installation of Bureau

2. Opening remarks by Chairperson

3. Agenda PAPU/AC/PSGC/03/2018 - Doc No.01

4. Update on implementation of Decisions, Resolutions and Recommendations of the 36th Ordinary Session of the AC

PAPU/AC/PSGC/03/2018 - Doc No.02Annex 1

5. Presentation of amendments to the Acts of the Union

5.1 Note on key proposed amendments to the Acts of the Union

PAPU/AC/PSGC/03/2018- Doc No.03 - Annex No. 1 (Note)

Annexes 2, 3, 4 and 5 (Proposed amendments to the Convention and Detailed Regulations of the Convention; proposed Definitions; and adoption of geographic region breakdown of the African Union)

1

5.2 Recommendation on the submission of a Decision adopting the Acts of the Union during the 5th Extraordinary Session of the Plenipotentiary Conference

5.3 Implications of proposals

5.4 Proposed amendments to Staff Rules and

Regulations

5.5 Proposed amendments to the Financial Regulations

5.6 Proposed amendments to Rules of Procedure of AC

PAPU/AC/PSGC/03/2018 - Doc No.03a

PAPU/AC/PSGC/03/2018 - Doc No.03b - Annex No. 1

PAPU/AC/PSGC/03/2018- Doc No.03c - Annex No. 1

PAPU/AC/PSGC/03/2018- Doc No.03d - Annex No. 1

PAPU/AC/PSGC/03/2018- Doc No.03e - Annex No. 1

6. Draft Terms of Reference (ToRs) for the engagement of a consultant to draft the African Postal Guidelines

PAPU/AC/PSGC/01/2018 - Doc No.04 - Annex 1

7. Creation of a postal statistics database PAPU/AC/PSGC/01/2018- Doc No. 05 - Annex No. 1

8. Presentation of Action programme 2018/2019 PAPU/AC/PSGC/01/2018- Doc No.06 - Annex No. 1

9. Presentation of African Support Committee report PAPU/AC/PSGC/01/2018

10. Formation of a Taskforce in charge of regulatory matters PAPU/AC/PSGC/01/2018 - Doc No.07

11. Any other business

12. Date and venue of next meeting

13. Adoption of meeting report

14. Closing

3rd meeting of Administrative and Technical Committees

2

7 to 9 April 2018, Algiers, Algeria PAPU/AC/PSGC/03/2018 - Doc No. 02 Original: French

POLICY, STRATEGY AND GOVERNANCE COMMITTEE (PSGC)

Agenda item No. 4

Subject

Status of implementation of decisions, resolutions and recommendations from the 36th Ordinary Session of the Administrative Council

References/paragraphs

Decisions, resolutions and recommendations from the 36th Ordinary Session of the Administrative Council

Decision expected

Consider the document

Make any relevant comments/observations

I. INTRODUCTION

This document presents the status of implementation of decisions, resolutions and recommendations from the 36th

ordinary session of the Administrative Council held in Nairobi, Kenya, from 8 to 10 May 2017.

II. STATUS OF IMPLEMENTATION Ten (10) decisions, eighteen (18) resolutions and two (2) recommendations were adopted by the Administrative Council. The status of implementation is presented on the table appended hereto.

III. CONCLUSION

Members are requested to consider this document and make any relevant comments/observations.

3

PAPU/AC/PSGC/03/2018- Doc No.02 - Annex No. 1

STATUS OF IMPLEMENTATION OF DECISIONS, RESOLUTIONS AND RECOMMENDATIONS FROM THE 36 th ORDINARY SESSION OF THE PAPU ADMINISTRATIVE COUNCIL - MAY 2017, NAIROBI (KENYA)

Reference Subject Instruction/Action Deadline Completed

Ongoing Not started

Comments

DECISIONSNo.01/PAPU/

AC/XXXVI/2017On permanent appointment of the Legal Officer of the Union

Instructs the Secretary General to assess his performance at the end of his short-term appointment and if satisfactory, appoint him as the Legal Officer of the Union on P3 category in line with the relevant Regulations of the Union.

June 2017 The permanent appointment of the Legal Officer was implemented with effect from 22nd June 2017

No.02/PAPU/AC/XXXVI/2017

On renewal of fixed term appointments

- Approves the renewal of the fixed term appointment of Mr. Yonna Fred Singogo as the Accounts Officer of the Union, for one year from 5th January 2018 to 4th January 2019;

- Approves the renewal of the fixed term appointment of Mr. Jude Ferdinand ASU TARH as the Translator/Interpreter (French to English) for one year from 6 th

January 2018 to 5th January 2019;

January 2018 The renewal of fixed term appointments of the concerned staff were implemented on 5th and 6th

January 2018 for Messrs. Singogo and Asu Tarh respectively

No03/PAPU/AC/XXXVI/2017

On the approval of the Accounts of the Pan African Postal Union for the 2015/2016 financial year

To approve the financial statements of the Union for the financial years 2014/2015 and 2015/2016

The adopted financial statements for the two years were signed by PricewaterhouseCoopers on 19th

January 2018. They were circulated to Member States on 12th February 2018.

No.04/PAPU/AC/XXXV/2017

On Appointment of the External

- Decides to fix the audit fee for 2016/2017 financial year at USD

After completion of

Following the approval of the Chairman of PAPU Administrative

4

Auditors 10,400 excluding withholding tax;- Instructs the Secretary General to

source for a reputable Auditing Firm to conduct the auditing of the 2016/2017 financial year at a fee not exceeding the approved fee;

- Mandates the Chairman of the Council to appoint a new External Auditor based on the recommendation of the Secretary General.

the procurement process and approval of the Council Chairman

Council, Ernst & Young were appointed as the External Auditors of PAPU on 16th January 2018.

No.05/PAPU/AC/XXXVI/2017

On the approval of the Budget of the Union for the 2017/2018 Financial Year

- Decides to approve US$ 1,647,758 only being the total annual budget of the Union for 2017/2018 financial year on the prevailing scale of assessment for the current quadrennial cycle;

- Decides to retain and use the scale of assessment for the 2016/2017 financial year for Member States contribution to the annual budget of 2017/2018 financial year

Continuous implementation throughout the financial year

The approved budget totalling USD 1,647,658.00 is being implemented throughout the 2017/2018 financial year. As at 16th February 2018, only 16 Members States have paid their current year annual contributions totalling USD 529,815.15. However previous years arrears collected during the current financial year is USD 405,347.70 bring the total income from Member States to USD 935,162.85.The shortfall of USD 712,495.15 from the budgeted income of USD 1,647,658.00 is hampering smooth implementation of the annual programmes contained in the budget.

No.06/PAPU/AC/XXXVI/2017

Adopting the organization chart of the General Secretariat of the

- Adopts the new organizational structure of the General Secretariat of the Union as appended hereto.

- Instructs the General Secretariat to implement the new structure.

Continuous implementation throughout

the quadrennial

The approved organization structure shall be implemented in phases subject to availability of sustainable financing.Interim coordinators of departments

5

Pan African Postal Union (PAPU)

cycle have already been appointed.

No.07/PAPU/AC/XXXVI/2017 On the

establishment of an African Support Committee for the organization of the UPU Extra-Ordinary Congress in 2018, the 27th

Congress in 2020 and monitoring of pending UPU matters.

- Decides to establish an African Support Committee to assist the Republic of Ethiopia and the Republic of Côte d’Ivoire in organizing the UPU Extra-Ordinary Congress in 2018 and the Congress in 2020, while equally looking into pending issues at the UPU;

- Decides the African Support Committee equally tasked with UPU issues will be composed of one representative per geographical region and coordinated by the General Secretariat.

- Instructs the General Secretariat to implement this decision, including drafting Terms of Reference for the Committee.

Before the next

Administrative Council

The African Support Committee has been constituted with its membership drawn from the sub-regions as follows:1. Central - Equatorial Guinea;2. East - Uganda3. North - Tunisia4. South - South Africa5. West - GuineaThe Committee shall deliberate on support for the two African countries that are scheduled to host UPU Extraordinary and Ordinary Congresses (Ethiopia and Côte d'Ivoire) as well as on key UPU thematic issues.The inaugural meeting of the ASC was held on 23rd March 2018 and the next one will be held on 9th April 2018 in Algiers.

N°08/PAPU/CA/XXXVI/2017

On the approval of the Programme of Activities of the Pan African Postal Union for the 2017/2018 financial year

- Approves all the annual programme of activities for the 2017/2018 financial year as set out in the Annex hereto;

- Instructs the Secretary General to ensure implementation of the approved activities taking into account the vision, mission and strategic objectives of the Union

Continuous implementation throughout the financial

year

The following approved programmes have been implemented:1. Addressing and postcode systems - Sensitization workshop on addressing and postcode systems;2. Technical workshops on quality of service improvement in collaboration with UPU within the framework of ORE;3. Operational readiness for e-commerce and workshop on

6

Remuneration within the framework of ORE.

No.09/PAPU/AC/XXXVI/2017

On the adoption of the annual activity report of Secretary General for 2016-2017

- Decides to express its satisfaction of the annual activity report presented by the Secretary General during the 36th Ordinary Session of the Administrative Council;

- Decides to adopt the above-mentioned report.

Immediate

RESOLUTIONSNo.01/PAPU/

AC/XXXVI/2017Approving the Terms of Reference (ToRs) of the Operations and Technology Committee of the Pan African Postal Union (PAPU)

i) To deliberate on all issues relating to the Quality of Service, Supply Chain (Transportation, Security, Customs) and Remuneration

ii) Establishment of fora to identify areas of common interest and cooperation, and development of Service Level Agreements (SLAs) so as to improve services, with the following stakeholders:

African Airlines Association (AFRAA);

World Customs Organization (WCO);

World Trade Organization (WTO) etc.

iii) Identification of effective and efficient transport models for mail distribution per region e.g. Post Bus, Road Transport Network, Airline Networks etc.;

iv) Development of support plans for

Immediate Continuous implementation

7

National Addressing and Postcode Systems per region per member country;

v) Development of plans for security of the postal service and the integrity of the postal network in line with the regional security strategy;

vi) Information sharing and promotion of best practices in the use of UPU's postal technology solutions to help ease their penetration into Member States;

vii) Identification of new technologies for revenue protection, improvement of quality of service and diversification of products and services;

viii) Development of plans to increase postal revenue by optimizing on the following postal products:

a. Parcels/ Small Packets;b. Bulk mail;c. Mail/Passenger Transportation;d. Direct Mail;e. Philately etc.;f. PO Boxes/Private Bags.g. Other postal services as may be

developed from time to time

ix) Taking initiatives to identify areas, programmes and institutions for

8

training in the interest of member countries to ensure operational efficiency;

x) Identification of developmental needs on e-services for the continent and development of a framework for the implementation;

xi) Development and promotion of E- Commerce in Africa;

xii) Development and diversification into new product and service portfolios that promote the use of e-services.

No.02/PAPU/AC/XXXVI/2017

On Implementation of the Regional Security Strategy for Africa

- Resolves that Member states forge ahead with initiatives that will culminate in the successful implementation of the regional security strategy, especially by identifying qualified postal security experts and participating in the training workshops, among others;

- Urges Designated Operators to improve their compliance levels and ensure certification by the end of the cycle.

- Instructs PAPU General Secretariat to coordinate the implementation process of the regional strategy and report progress to the Administrative Council.

2020 The activity cuts across the whole cycle.

Workshops for English and French speaking countries will be held during Q3 2018 in collaboration with UPU.

No.03/PAPU/AC/XXXVI/2017

On revival of the Pan African Postal

- Instructs the General Secretariat to review the MOU with AFRAA taking into account developments in the

May, 2018 The reviewed Memorandum of Understanding was vetted by AFRAA and will be subjected to a

9

Union/African Airlines Association (PAPU/AFRAA) Contact committee

mail conveyance business in line with the UPU/IATA and UPU/ICAO, as well as UPU/ WCO MOUs.

signing ceremony here in Algiers.

No.04/PAPU/AC/XXXVI/2017

On implementation of the Integrated Product Plan (IPP)

- Resolves that designated Operators take necessary measures and be ready to implement IPP step 1 by January, 2018;

- Resolves that Member countries to follow the developments of the work of the POC on IPP including remuneration, quality improvement, standards, accounting and operations to ensure that Africa’s interests are safeguarded;

- Instructs the General Secretariat to monitor progress and report to the Administrative Council.

January, 2018 Majority of member states (over 80%) have implemented IPP Step 1

The General Secretariat is making the necessary follow ups with other members

No.05/PAPU/AC/XXXVI/2017

On maximizing parcel post remuneration through increase in Inward Land Rates (ILRs)

- Urges Designated Operators to actively participate in POC work on Integrated Product Remuneration during the cycle and ensure that Africa’s interests are taken into consideration;

- Instructs the General Secretariat to monitor progress and report to the Administrative Council, from time to time.

On going The activity cuts across the cycle.

Analysis of inward land rates show improvement in the region.

No.06/PAPU/AC/XXXVI/2017

On creation of a Sub-committee to develop and disseminate a common theme for a Pan African

Instructs the General Secretariat of the Pan African Postal Union (PAPU) to coordinate with South Africa and other Member States and to develop legal provisions as well as and logistics needed to launch the project.

May, 2018 A sub-committee was formed to coordinate the issuance of a joint regional stamp on commemoration of Nelson Mandela.

10

postage stampNo.07/PAPU/

AC/XXXVI/2017On e-commerce as key to the sustainability of postal services in Africa

- Urges Member states to benchmark and share experiences on e-commerce developments;

- Instructs the General Secretariat to monitor progress and report to the Administrative Council.

2020 The activity cuts across the whole cycle

Members are participating in ORE project in readiness for e-commerce implementationThe Operational Readiness for E-commerce (ORE) project was launched in Nairobi in May 2017.A second set of workshops have since been held where member states finalized their roadmaps and action plans.Evaluation missions at offices of exchange are also being done to ensure operational readiness for members. Evaluation missions have been conducted for Botswana, Ethiopia, Nigeria, Senegal, Togo and Tanzania.

No.08/PAPU/AC/XXXVI/2017

On adoption of .post to promote e-commerce and product diversification

- Resolves that Designated Operators adopt .post to promote e-commerce growth, e-services and diversification;

- Resolves that Member states to benchmark and share experiences on .post and other e-commerce initiatives for the benefit of others;

2020 The activity cuts across the whole cycle.Twenty-six (26) African countries are now members of the .post group.Two representatives from Africa are on the Board of the .POST Group, steering its development as follows:- Mr. Moez Chakchouk – Tunisia

Post- Mr. Ahmed Kada – Morocco

PostNo.09/PAPU/

AC/XXXVI/2017On development of postal financial services

- Urges Member states to benchmark and share experiences on financial and payment services;

2020 The activity cuts across the whole cycle

11

in Africa - Instructs The General Secretariat to monitor progress and report to the Administrative Council

Financial services workshops were held in Tunisia, Zimbabwe and Côte d’Ivoire for Arabic, English and French speaking countries, respectively

Call for project proposals to be financed within the framework of FITAF has been circulated by UPU.

N°10/PAPU/AC/XXXIV/2015

On the Terms of Reference of the Finance and Administration Committee

To approve the following Terms of Reference for the Finance and Administration Committee:i. To receive the External Auditors

report on the Financial Report of the Secretary General and make appropriate recommendations to the Council;

ii. To receive and deliberate on the Interim Financial Report of the Secretary General;

iii. To examine and consider the General Secretariat report on staff matters and other administrative issues;

iv. To consider the draft budget and make appropriate recommendations;

v. To review the existing financial and personnel management practices and recommend for possible adoption, policies that will enhance more efficient management of financial and human resources;

vi. To continuously adapt and recommend better and more

Continuous Continuous implementation throughout 2017-2020 cycle

12

effective staff management policies and practices;

vii. To deliberate on the scale of assessment and advise on the most equitable and appropriate scale of assessment for Member States contributions to PAPU annual budgets;

viii. To examine the Staff Rules and Regulations, the Financial Regulations and recommend necessary amendments;

ix. To consider any other matters incidental or connected to the financial and human resources management, rules and regulations and make recommendations that add value to the continuous existence of the Union;

x. To make appropriate recommendations to the Administrative Council on all matters deliberated by the committee;

xi. To deliberate on any other matter that is referred to the Committee by the Administrative Council.

xii. To examine and regularly review strategies to ensure the collection of contributions from Member States

No.11/PAPU/AC/XXXVI/2017

On creation of a Task Force on

Approves terms of reference for the task force

Continuous The task Force has its inaugural meeting and will continue online

13

the recovery of outstanding financial contribution of Member States

i. To investigate the problems and causes of the non-payment of Union Dues;

ii. To suggest measures or plans to enable member countries pay up the arrears without putting too much strain on them while at the same time urging such Member States to start paying their current dues immediately;

iii. To design strategies that will improve the recovery process for arrears of contribution by Member States;

iv. To recommend appropriate measures to sanction defaulters with huge arrears taking into account the Union’s Convention;

v. To propose other measures that it deems appropriate to make the Union financially sound;

vi. To propose all measures likely to accelerate the recovery of outstanding arrears especially through joint missions with the Secretary General to debtor Member States;

vii. To assess and report on the outstanding contribution of the Union.

meetings throughout 2017-2020 cycle

14

No.12/PAPU/AC/XXXVI/2017

On enforcement of handing over between all incoming and outgoing officials/staff of the Union

- That it is incumbent on outgoing officials/staff to hand over the Union's assets and liabilities in their custody prior to their departure from the Secretariat;

- A comprehensive handing over notes shall be prepared by all outgoing officials/staff detailing duties, assets and expectations of the Union from the incoming officials/staff;

- Failure to observe these procedures shall render outgoing officials liable for any loss arising from non-compliance with these directives;

- The terminal benefits of outgoing officials shall not be settled pending the completion of handing over of office;

- A copy of all handing over noted shall be deposited in the Administration and Finance department as part of the record to be kept for the maximum period allowed for storage of official documents.

Continuous To be implemented on continuous basis as need arises

15

No.13/PAPU/AC/XXXVI/2017

Approving the Terms of Reference (ToRs) of the Policy, Strategy and Governance Committee of the Pan African Postal Union (PAPU)

Approves the Terms of Reference (ToRs) of the Policy, Strategy and Governance Committee for the period 2017-2020 as appended to the report.

Continuous Continuous implementation throughout 2017-2020 cycle

No.14/PAPU/AC/XXXVI/2017

Adopting the Action Plan of the Policy, Strategy and Governance Committee of the Pan African Postal Union

- Adopts the Action Plan of the Policy, Strategy and Governance Committee for the four-year period 2017-2020 as appended to the report.

Continuous Continuous implementation throughout 2017-2020 cycle

No.15/PAPU/AC/XXXVI/2017

Adopting the Strategic Plan of the Pan African Postal Union (PAPU)

- Adopts the Strategic Plan of the Pan African Postal Union for the four-year period 2017-2020 as appended hereto.

- Instructs the General Secretariat to implement same.

Continuous To be implemented throughout the 2017-2020 quadrennial cycle

No.16/PAPU/AC/XXXVI/2017

On recommendations of the report on the study on the reform and improvement of finances of the Union

- The Committees to implement this decision and present their reports for consideration by the Administrative Council;

- The General Secretariat to facilitate implementation of this decision.

2018 The General Secretariat facilitated the meeting of Legal Experts that was hosted in Arusha on 27-30 November 2017. The outcome of the meeting was circulated for input by the Secretary General with a deadline of 15th January 2018. The Chair of the Council also extended the deadline to 6th march, 2018. No input has since been received so far.

16

The meeting of the Policy, Strategy and Governance Committee (PSGC) held here on 7-8 April, 2018 deliberated on the outcome of the legal experts meeting after which the document will be submitted to the Council for adoption. After the adoption by Council, the document will be submitted to the Extra-Ordinary Plenipotentiary Conference for consideration and approval.

No.17/PAPU/AC/XXXVI/2017

Convening an Extraordinary Session of the Plenipotentiary Conference

- Requests the convening of an Extraordinary Session of the Plenipotentiary Conference prior to the UPU Mid-Term Evaluation Congress scheduled to take place in Addis Ababa (Ethiopia) in 2018;

- Calls on PAPU Member States to massively endorse this proposal, so that the 2/3 quorum can be attained as soon as possible.

- Instructs the General Secretariat to implement this Resolution

2018 As a result of the concurrence of statutorily required two-thirds of Member States of the Union, the 5th

Extra-Ordinary session of the Plenipotentiary Conference will be held in Madagascar on 26th and 27th

July 2018.

No.18/PAPU/AC/XXXVI/2017

On postal regulation

- Decides to institute an annual Postal Regulators’ Forum to be held on the sidelines of the PAPU Administrative Council meeting;

- Directs the Policy, Strategy and Governance Committee to set up a Working Group in charge of regulatory matters;

- The General Secretariat to:o Outline regional regulatory

Continuous Members of the PSGC were urged to join the Group. Due to absence of registration, the Group will be set up during the meeting of the Committee in Algiers.

The TOR for the recruitment of the consultant were developed and sent to Member States for amendments. They will be considered during the

17

guidelines on the basis of sub-regional models; and

o Implement this Resolution.

next meeting PSGC in Algiers before being submitted to the AC for approval.

The next session of the Postal Regulators Forum will be held on 11th April 2018 in Algiers.

RECOMMENDATIONSNo.01/PAPU/AC/XXXVI/2017

On enhancement of the maximum premium payable for staff life insurance

- Recommends to the Chairman of the Plenipotentiary Conference of PAPU for approval, the upward review of the maximum premium payable on staff life insurance, from 5% to 7.5% to facilitate procurement of the same from a reputable and trusted life insurance service provider

2017/2018 financial year

The Chairman of the Plenipotentiary Conference approved the recommendation of the Council; thus increasing the premium rate from 5% to 7.5% of the basic salary. The life insurance will be procured with effect from 2017/2018 financial year.

No.02/PAPU/AC/XXXVI/2017

Calling on the Universal Postal Union to abide by the principles governing regional identity

Recommends to the PAPU General Secretariat:- Closely collaborate with the UPU to

ensure the flawless implementation of this decision

- Monitor and continuously evaluate the implementation of all development cooperation projects with a view to enhancing its impact on all Member States of the Union.

2018 The General Secretariat engaged with IB of the UPU on the matter. The IB considered the recommendation and agreed in principle to its contents. However, the IB advised that its implementation would only be possible during the next quadrennial period.

18

3rd meeting of Administrative and Technical Committees7 to 9 April 2018, Algiers, Algeria PAPU/AC/PSGC/03/2018 - Doc No. 03

Original: FrenchPOLICY, STRATEGY AND GOVERNANCE COMMITTEE (PSGC)

Agenda item No. 5.1

Subject

Presentation of proposed amendments to the Acts of the Union

References/paragraphs

Acts of the UnionReport of Legal Experts meeting

Decision expected

Consider the document

Make any relevant comments/observations

IV. INTRODUCTION

The Legal Experts Taskforce of the Policy, Strategy and Governance Committee (PSGC), met in Arusha (Tanzania) from 27 to 30 November 2017 to look into ways and means of amending the Acts of the Union in line with the current postal environment. Its Terms of Reference equally included making recommendations to fast-track the coming into force of the new Acts.

At the close of deliberations, it proposed amendments to the Convention and its Detailed Regulations.V. PROPOSED AMENDMENTS

The Annex hereto summarizes the major proposed amendments.

VI. CONCLUSION

Members are requested to consider this document and make any relevant comments/observations.

PAPU/AC/PSGC/03/2018- Doc No.03 - Annex No. 1Agenda item No. 05.1

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NOTE ON PROPOSED AMENDMENTS TO THE ACTS OF THE UNION

I. INTRODUCTIONThe Legal Experts Taskforce of the Policy, Strategy and Governance Committee proposed amendments to the Convention and its Detailed Regulations.

II. MAIN PROPOSED AMENDMENTS TO THE CONVENTIONThe main proposed amendments are as follows:

- Address difficulties related to the effective dates of decisions taken by the Plenipotentiary Conference;

- Introduce new provisions in the preamble in line with the current realities in the sector;- Recast the wording of some of the Union's objectives to replace those that read more like strategies

rather than objectives;- Remove Administrative and Technical Committees among organs of the Union;- Increase the number of Administrative Council members from 20 to 25 prorata to the geographical

distribution applied by the African Union;- Introduce associate membership for partners willing to join the Union;- Include financial contributions from associate members in the resources of the Union;- Give an Assistant Secretary General who has served two consecutive terms to vie for the position of

Secretary General;- Make provision for the Headquarters of the Union to be transferable to any other Member State, if

necessary, and regional representations or offices to be opened by decision of the Conference, where the need is duly justified;

- Provide for settlement of differences arising from the interpretation and implementation of the Acts during deliberations, by introducing a vote by simple majority of Member States present with voting rights;

- Provide for the Plenipotentiary Conference to be held every two (2) years, after the UPU Congress, to circumvent the recurrent divisions witnessed on the eve of each Congress and give room for the strategic global decisions made to be included in the quadrennial programme;

III. MAIN PROPOSED AMENDMENTS TO THE DETAILED REGULATIONS OF THE CONVENTIONThe main innovations are aimed at aligning the Detailed Regulations with the amendments made to the Convention. Note should also be taken of the proposals on:

- Eligibility requirements for elective positions;- The specific duties of the Assistant Secretary General;- The eligibility of a Council member for re-election beyond two terms, depending on the political, social

and economic circumstances prevailing in the member's Sub-Region;- Consideration of gender balance for elective positions whenever possible, in line with African Union

policy;- Alignment as much as possible of PAPU Staff Rules and Regulations with those of the African Union;- Status and functioning of Administrative and Technical Committees;- Full coverage by host countries of hosting expenses for the Union's meetings;- Definition of associate members, membership requirements, rights and obligations.

PAPU/AC/PSGC/03/2018 – Doc No. 3 – Annex No. 2

20

PROPOSED AMENDMENTS TO THE CONVENTION OF THE UNION (1988)

BY

THE LEGAL EXPERTS TASK FORCE OF THE POLICY, STRATEGY AND GOVERNANCE

COMMITTEE

------------------------------------------------------------------------------------------------------------------------------------------------------MEMBERS:

BURKINA FASO, ETHIOPIA, GHANA, GUINEA, MALAWI, MALI, NIGER, NIGERIA, SWAZILAND, TANZANIA, UGANDA, ZAMBIA, ZIMBABWE

------------------------------------------------------------------------------------------------------------------------------------------------------

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100.0.1PREAMBLE

We, the Plenipotentiaries of Governments of Member States of the Organization of African Unity (OAU) African Union (AU);

Pursuant to In conformity with the principles and objectives of the OAU Charter set out in the Constitutive Act of the African Union;Conscious of the important role of postal services play in terms of communications among peoples’ economic, social and cultural development;Taking into account changes in the international environment characterized by globalization, liberalization and the development of new information and communication technologies;

Convinced of the need necessity to develop and maintain an effective coordination framework to ensure harmony in the development of postal services African post through the setting up of a permanent framework for coordinating postal activities and supporting development policies;Desirous of developing the African contributing, through efficient functioning of postal services network and contributing to the strengthening, to the development of cooperation of Member States in the postal sector, notably inter-African cooperation, in cultural, social and economic fields;Considering Recalling Resolution CM/Res. 586(XXIX) on the setting-up of a Pan African Postal Union as approved by the 14th Session of the OAU Assembly of Heads of State and Government;Aware of the need to restructure the Pan-African Postal Union in order to adapt it to the new global context.Convinced of the need to promote partnership with the private sector in the development of postal services in Africa in line with the Cairo 2008 CIT Ministers Declaration and Action Plan approved by the AU Summit.Hereby agrees agree as follows:

__________________________________________________________________________________________JUSTIFICATION: The name Organization of African Unity was changed to African Union in line with current realities; The word posts was also changed to postal services to cover all services defined within national regulations.

22

100.1.1

Article 1: Establishment of the Union

By the present Convention the contracting parties do hereby constitute the Pan African Postal Union (PAPU) hereinafter referred to as the “Union”. The Union shall be the Specialized Agency of the OAU in the postal field.

1. It is hereby established the Pan African Postal Union (PAPU), hereinafter referred to as “the Union”.

2. The Union shall be a Specialized Agency of the African Union (AU) in the postal field.

__________________________________________________________________________________________JUSTIFICATION: Paragraph 2 was created from the old text; Article 1 of the 1988 Convention was broken down into two paragraphs for more clarity.

23

100.22.1 100.23.1

Article 22 & 23 2: Legal Status of the Union

Article 22: Juridical Personality of the Union The Union shall be a body corporate in public international law. It shall have the right to enter into any legal contracts.

Article 23: Privileges and Immunities The Union shall enjoy the status accorded to international Organizations, privileges and Immunities in the additional Protocol to the OAU General Convention on Immunities and Privileges, concerning the granting of immunities and privileges, including the issue of Laissez-passer to the officials of the OAU Specialized Agencies.

1. The Union shall be an Inter-governmental Organization, which shall enjoy international legal status and capacity. It shall enjoy all the powers necessary for the attainment of its objectives. Member States shall grant the Union privileges and immunities on their territories to enable it fully achieve its objectives.

2. The Union shall enjoy the status, privileges and immunities accorded to international organizations, in line with the relevant texts of the African Union on granting immunities and privileges, including the issuance of laissez-passer and diplomatic passports to its officials.

__________________________________________________________________________________________JUSTIFICATION: Article is a transfer and a recasting of Articles 22 and 23 of the 1988 Convention

24

100.2.1Article 2 3: Composition of the UnionThe Union shall comprise:

1. The Union shall comprise Member-States of the OAU which who have signed and ratified or adhered signed, ratified and acceded to this the Convention in accordance with Article 2 as read with Articles 29 and 30.

2. Any other Member States of the OAU African Union (AU) may become a Member of the Union by acceding to the that acceded to the Convention in compliance accordance with Article 2 as read with Article 31.

__________________________________________________________________________________________JUSTIFICATION: Recast to align with current realities.

25

100.N3.1Article 3- 4: Membership

1. Member states of the African Union as defined in Article 2; and

2. Associate Members who upon application and admission become members pursuant to the rules provided in the detailed Regulations.

_________________________________________________________________________________________JUSTIFICATION: Recast and paragraph 2 added to take into account companies and civil society organizations that may become

associate members of the Union.

26

100.4.1Article 4 -5: Seat Headquarters of the Union

1. The seat headquarters of the Union shall be established in Arusha in the United Republic of Tanzania.

2. It may be transferred to any other location on the territory of a Member State by decision of the Plenipotentiary Conference;

3. Regional representations or offices may equally be established;

4. The General Secretariat shall conclude a Headquarters Agreement with the government of the host country of the Union.

__________________________________________________________________________________________JUSTIFICATION: There is need to refer to international best practices by making provision for the Union’s headquarters to be transferred

if necessary, and the conclusion of a Headquarters Agreement with the Host Country.

27

100.3.1

Article 3 5: Working Languages of the Union

The working official languages of the Union shall be those of the Organisation of African Unity (OAU) African Union (AU) while the working languages shall be English and French.

__________________________________________________________________________________________JUSTIFICATION: This is in alignment with the provisions of the Constitutive Act of the African Union and formalizes a practice that is

already effective in the Union.

28

100.5.1Article 5 6: Objectives of the Union

The objectives of the Union shall be to:1. to maintain and extend Foster development cooperation among Member States for the improvement

and rational use in the area of postal services;

2. harmonize tariff structures among member states with the view of establishing tariffs compatible with good services and a sound financial management of postal services Promote and facilitate access to quality universal postal service;

3. to Promote and facilitate reform of the postal sector the establishment of multi-national regional and sub-regional postal training institutes in Africa, in co-operation with international and African Regional and sub-regional organizations with legitimate interest in postal services in Africa;

4. to harmonize, as far as possible the position of the member states during international meetings in the field of postal services and in particular at UPU meetings Promote and facilitate technical assistance in the postal sector;

5. to publish information and research materials on postal services for the benefit of member states of the Union and to encourage the exchange of information and staff between the administrations of member states Promote and advance common positions of Member States on postal issues;

6. to act as a servicing institution for its member states for integrated postal development providing them with the necessary technical support Promote research and development in the postal sector;

7. Promote regional projects for developing the African Postal network ;

8. Promote the development of new postal products and services ;

9. Promote the sustainable development of the postal sector ;

10. Promote affirmative action in the development of the postal sector .

__________________________________________________________________________________________JUSTIFICATION: The paragraphs have been recast to reflect the objectives of the Union rather than strategies as in the previous

wording.

29

100.6.1Article 6 7: Organs of the Union

The organs of the Union shall be as follows:

1. The Plenipotentiary Conference;2. Administrative Council;3. General Secretariat ;4. Administrative and Technical Committees

__________________________________________________________________________________________JUSTIFICATION: The Administrative and Technical Committees are no longer recognized as organs of the Union.

30

100.7.1

Article 7: Permanent Organs The Plenipotentiary Conference, the Administrative Council and the General Secretariat shall be permanent organs of the Union.

__________________________________________________________________________________________JUSTIFICATION: No longer relevant

31

100.8.1Article 8. Non-Permanent Organs:The Administrative and Technical Committees shall be the non-permanent organs of the Union

__________________________________________________________________________________________JUSTIFICATION: The Union no longer has non-permanent organs.

32

100.9.1Article 9 8: Plenipotentiary ConferenceThe Plenipotentiary Conference, hereinafter referred to as “the Conference” shall:1. The Plenipotentiary Conference hereinafter referred to as “the Conference” shall be the supreme organ of

the Union, which It shall assume the prime functions with a view to achieving ensure the attainment of the Union’s objectives of the Union;

2. It shall Consist of Ministers responsible for postal services of Member States or any other plenipotentiary duly designated by a Member State;

3. The Conference shall convene in an ordinary session every four two years latest nine (9) months after the UPU Congress;

4. At the request of one or more Member States, the Administrative Council or the General Secretariat and subject to the agreement of two-thirds of the Member States, the Conference shall convene in Subject to the consent of two-thirds of Member States an extraordinary session can be convened:4.1. At the decision of the Ordinary Conference; or4.2. At the request of one or several Member States, the Administrative Council or at the instance of

the Secretary General. 5. African Liberation Movements recognized by the OAU shall, at their request, be admitted as observers to the

sessions of the Conference.

__________________________________________________________________________________________JUSTIFICATION: The aim of the amendment is to make provision for: Plenipotentiaries, other than Ministers, designated by Member States to be part of the supreme organ; The Conference to take place 9 months after the UPU Congress to ease the harmonization of positions on major issues

on the Congress agenda and avoid the recurrent cleavages that arise following elections in the Union; Global programmes and priorities for the four-year cycle to be properly understood and built into the Union quadrennial

programmes; Extraordinary sessions of the Conference to be convened on the initiative of the ordinary session; Narrow down the quorum required to convene the extraordinary session of the Conference from a two-thirds (2/3)

majority to a simple majority.

33

100.10.1Article 10 9: Administrative Council1. The Administrative Council hereinafter referred to as “the Council” shall consist of sixteen twenty-five (25) Member

States. Its term of office mandate shall be for four (4) years.

2. Member States shall be elected by the Conference in accordance with the geographical system of distribution in terms of second schedule.

3. In between the sessions of the Conference, the Council shall be the decision-making body of the Union within the limits of the powers delegated to it by the Conference.

4. It shall consist of the duly accredited representatives of member states elected in accordance with the geographical distribution adopted by the OAU It shall consist of the duly accredited representatives of member states elected in accordance with the geographical distribution adopted by the OAU. The Council shall convene in an ordinary session annually.

5. At the request of one or more member states of the Union, or the Secretary General, and subject to the Agreement of two-thirds of the Member States of the Administrative Council, the Council shall meet in an extra ordinary session.

6. The Council shall report to the Conference.

__________________________________________________________________________________________JUSTIFICATION: Allow for more equity by increasing the number of Member States of the Council from 20 to 25, elected based on the

AU geographical breakdown; Ease the procedure for convening the Council in extraordinary session by empowering the Council to do so

independently.

34

100.11.1Article 11 10: General Secretariat 1. The General Secretariat is the executive body of the Union. It shall consist of the Secretary General, Assistant

Secretary General and other staff as may be required from time to time for the effective performance of the Union. It shall be headed by a Secretary General assisted by an Assistant Secretary General.

2. It shall be headed by a Secretary General assisted by an Assistant Secretary General . The Secretary General and the Assistant Secretary General shall be elected by the Conference for a four-year period. They shall be eligible for re-election only once. At the end of the second term of office, neither of them can apply again for either post.

3. The Secretary General and the Assistant Secretary General shall be elected by the Conference for a four-year period. The Secretary General shall be re-eligible for election once only. At the end of his/her second and final term, the Secretary General shall not be eligible for either of both positions. The Secretary General shall be answerable to the Conference and the Council. The Assistant Secretary General shall be answerable to the Secretary General.

4. The Secretary General shall report to the Council and the Conference.

5. The duties of the Secretary General shall be defined in the Detailed Regulations.

__________________________________________________________________________________________JUSTIFICATION: Clarify the composition of the General Secretariat by mentioning the Assistant Secretary General and the staff members

in addition to the Secretary General; A provision has equally been introduced imposing term limits to two for the Secretary General only and giving the

Assistant Secretary General the opportunity to put his/her experience at the service of the Union; Finally, it is worth noting that the duties of the Assistant Secretary General will be outlined in the Detailed Regulations of

the Convention.

100.12.1Article 12 11: Administrative and Technical Committees 1. The Administrative and Technical Committee, non-permanent organs of the Union, may be established

by the Conference or the Council. The Conference or the Council may from time to time as is

35

necessary appoint Administrative or Technical Committees to give effect to the functions of the Union .

2. They shall have to study specific issues relating to the postal services and any other matters that may be entrusted to them The Committees shall undertake specific studies, operational activities or any other matter entrusted to them by the Conference or the Council .

__________________________________________________________________________________________JUSTIFICATION: Recast for more clarity and proper flow.

36

100.13.1

Article 13 12: Revenue of the UnionThe Revenue of the Union shall consist of:1. Mandatory contributions made by Member-statements in accordance with the scale of assessment established by the

Conference;

2. Any other funds including extra-budgetary contributions which may be made available to the Union, subject to approval of the Council Mandatory contributions of Association Members;

3. Voluntary contributions from Member States and Associate Members;

4. Donations from non-Member States and organizations;

5. Revenue derived from products and activities accomplished by the Union;

6. Income generated from investments approved by the Council;

7. Penalties/fines levied for breach of the Convention.

__________________________________________________________________________________________JUSTIFICATION: Incorporate contributions from Associate Members and other sources of income to improve the finances of the Union.

37

100.14.1

Article 14 13: Expenditure of the UnionExpenditure by the Union shall be made up of comprise expenses relating to:1. Sessions of the Conference, and the Council and meetings of the Administrative and Technical Committees;

2. operation Running of the General Secretariat;

3. any other activities pertaining to the objectives of the Union. Implementation of the programme of action of the Union;

4. Any other activity relating to achievement of the objectives of the Union.

__________________________________________________________________________________________JUSTIFICATION: Incorporate an expenditure item that was not provided for, namely the Union programme of action.

38

100.15.1

Article 15 14: Advance of Funds to the UnionThe Government of the host-country shall to the fullest extent possible, advance to the Union, funds necessary for its operation, pending their reimbursement in accordance with the Headquarters Agreement .

__________________________________________________________________________________________JUSTIFICATION: Recast for proper flow.

39

100.16.1

Article 16 15 Classification of the Acts of the UnionArticle 15: Classification of the Acts and other instruments of the Union Classification of the Acts of the Union and other Regulations1. The Convention shall be the basic Act of the Union. It shall supersede any other Act of the Union.

2. The Detailed Regulations shall ensure the application of the Convention and shall be subordinate to it.

3. All the other Acts of the Union shall be consistent with the Convention and its Detailed Regulations.

4. The Plenipotentiaries shall adopt Detailed Regulations to ensure the application of this Convention and the functioning of the Organs of the Union;

5. The Conference and the Council shall adopt their own Rules of Procedure.

__________________________________________________________________________________________JUSTIFICATION: The functions of the Conference outlined in Article 2 of the Detailed Regulations have been transferred to this

paragraph of Article 35 of the Convention.

40

100.25.1CHAPTER IX – RIGHTS, OBLIGATIONS AND SUSPENSION OF MEMBER STATES CHAPTER VI – RIGHTS AND OBLIGATIONS OF MEMBER STATES OF THE UNION

Article 25 16: Commitment of Member StatesAll member states shall undertake to respect the provisions of the present Convention. They shall enjoy equal rights and have equal duties.1. The Convention and its Detailed Regulation shall be binding on Member States.

2. All Member States shall participate in all activities, meetings and Conferences of the Union;

3. All Member States shall pay their contributions as stipulated in the Detailed Regulations.

__________________________________________________________________________________________JUSTIFICATION: This is Article 25 of the 1988 Convention that has been recast for consistency and to bring out the obligations of

Member States.

41

100.26.1Article 26 17: Voting Rights1. All Member States shall enjoy the same rights;

2. Each Member States shall have one vote at meetings of the Union meetings.

3. Any member states whose contributions to the Union are in arrears for the two consecutive years shall forfeit the right to its right to vote in accordance with the present convention:

a. Vote; b. Hold any positions within the Union; c. Technical assistance from the Union .

4. Associate Members shall not have the right to vote and hold any positions within the Union.

__________________________________________________________________________________________JUSTIFICATION: Assert that all Member States have equal rights and specify the rights; In the same vein, highlight the fact that Associate Members do not have the same rights as Member States.

42

100.32.1

Article 32 18: Suspension of a Member State or withdrawal of membership 1. The Conference may decide by a two-third majority of votes cast members present and voting to suspend a member

that:

1.1.1. a) Practices a policy contrary to the objectives and principles of the Union,1.1.2. b) Does not, for three consecutive years, does not honour its financial obligations to the Union,1.1.3. c) Does not respect the decisions of the Conference which are binding on Members States;

2. The Conference may, by two-thirds majority of votes cast, revoke the suspension of a Member;

3. The suspension or withdrawal of a Member State Membership does not exempt a member concerned from fulfilling its financial obligations during the period of suspension or withdrawal;

4. The suspension of a Member State Membership for non-payment of contributions shall cease immediately after payment of as soon as the member honours all its financial obligations to the Union.

__________________________________________________________________________________________JUSTIFICATION: Apart from suspension, provision is made for withdrawal of a Member State in line with current realities. Withdrawal

shall have the same consequences as suspension in the fact that it shall not exempt the Member State from meeting its obligations during the period of withdrawal.

43

100.17.1

CHAPTER VII – DEVELOPMENT COOPERATIONArticle 17 19: Cooperation with national and international bodies1. With a view to promoting the improvement, harmonization and development of African postal services, the Union shall

maintain privileged relations with the Universal Postal Union.

2. It shall collaborate with the Restricted Postal Unions, African Regional Economic Communities (RECs) and other national and international bodies entities whose interests and activities are related to postal services.

__________________________________________________________________________________________JUSTIFICATION: This is a transfer of Article 17 of the Convention with a slight amendment of the title.

44

100.19.1Article 19 20: AgreementsAgreements may, whenever necessary, be concluded between the Union and national and international bodies and states members.

__________________________________________________________________________________________JUSTIFICATION: Recast to incorporate Associate members.

45

100.20.1.Article 20 21: Cooperation among members states of the UnionMember States shall promote among themselves cooperation amongst themselves of all kinds in the postal field.

__________________________________________________________________________________________JUSTIFICATION: Recast to incorporate Associate Members.

46

100.N22.1Article 27 22: Interpretation and application of the Convention and Detailed Regulations Any dispute arising from the interpretation or application of the Convention or its Detailed Regulations shall be settled by a simple majority of Member States present and voting.

__________________________________________________________________________________________JUSTIFICATION: A new provision has been introduced to settle disputes arising from the interpretation and implementation of the Acts by

a simple majority vote.

47

100.N23.1Article 27 23: Settlement of disputesAny disputes between Member States on the implementation of the Convention and Detailed Regulations shall be submitted to the Secretary General in line with the provisions as laid out in Article 30 of the Detailed Regulations.

__________________________________________________________________________________________JUSTIFICATION: Align with provisions laid down in Detailed Regulations for settlement of disputes on implementation of the Acts.

48

100.29.01CHAPTER X – SIGNATURE, RATIFICATION, ACCESSION AND DENUNCIATION OF THE ACTS

Article 29 24: Signature Signing of the Convention1. The Plenipotentiary Plenipotentiaries shall sign the present Convention in three (3) copies of the

working languages of the Union, all texts being equally authentic.

2. A copy Two (2) copies shall be deposited with the Government of the host country of the Union. The two other shall be deposited respectively with the General Secretariat of the Union and the General Secretariat of the OAU Commission of the African Union (AU).

3. A certified copy conforming to each its text shall be forwarded to each of the signatory Member States by the Secretary General of the Union.

__________________________________________________________________________________________JUSTIFICATION: Simplify the procedure for depositing the Convention by limiting it to the General Secretariat of the Union and the

African Union Commission only. The host country has been removed.

49

100.23.1

Article 30 25: Ratification of the ConventionThe present Convention shall be ratified by each of the Signatory Governments. The ratification instruments shall be deposited with the Secretary General by diplomatic channels through the Government of the host country of the Union and the Secretary General shall notify the other member states accordingly.1. This Convention shall be ratified by each of the Signatory States.2. The ratification instruments shall be forwarded by diplomatic channels to the Secretary General who shall

notify the other Member States.

__________________________________________________________________________________________JUSTIFICATION: Article 30 of the Convention has been transferred here. As in the previous article, the requirement of the instruments

being forwarded “through the host country” has been removed to fast-track the process.

50

100.31.1Article 31 26: Accession to the ConventionAny member state of the OAU that has not signed this Convention may accede to it. The instrument of accession shall be deposited with the Secretary General of the Union by diplomatic channels through the Government of the host country of the Union. It shall enter into force on the date it is deposited, unless otherwise stipulated. The Secretary General shall notify member states of such accession and forward to each of them a certified copy of the instrument.1. Any Member State of the AU that has not signed the Convention may accede to it.

2. The instrument of accession shall be deposited with the Secretary General of the Union by diplomatic channels. It shall enter into force on the date it is deposited, unless otherwise stipulated.

3. The Secretary General shall notify Member States of such accession and forward to each of them a certified copy of the instrument.

__________________________________________________________________________________________JUSTIFICATION: Article 31 of the Convention has been transferred here and broken down into 3 paragraphs for more clarity and proper

flow; To fast-track the process, the requirement of depositing the instrument “through the government of the host

country” has been removed.

51

100.28.1Article 28 27: Denunciation of the Convention1. Any member state of the Union may denounce the Convention by notification addressed to the Secretary-

General through diplomatic channels.

2. The Secretary General shall notify the denunciations to the other member states.

3. This denunciation shall become operative one year after the date of the receipt of the notification by the Secretary General. It shall not exempt the member concerned from fulfilling its financial obligations owed to the Union.

__________________________________________________________________________________________JUSTIFICATION: Article 28 of the Convention has been transferred and broken down into 3 paragraphs for more clarity and proper flow; To fast-track the process, the requirement of depositing the instrument “through the government of the host

country” has been removed; Finally, a provision has been introduced underscoring that withdrawal by a Member State shall not exempt the latter

from fulfilling its financial obligations to the Union.

52

100.33.1

Article 33 28: Amendment of the Convention1. Any member state may submit a written amendment proposal to amend of the Convention to the Secretary General

who shall communicate it to all member states.

2. Member states shall have at least six months to study the proposal before it is submitted to the Conference for consideration. The Secretary General shall communicate the amendment proposals to Member States at least six (6) months before they are submitted to the Conference for consideration.

3. Amendments shall be adopted by a two-thirds of Member States present and voting during a Conference and. The amendments shall immediately enter into force.

__________________________________________________________________________________________JUSTIFICATION: Recast for more clarity and proper flow.

53

PAPU/AC/PSGC/03/2018 – Doc No. 3 – Annex No. 3

ACTS OF THE UNIONPROPOSED AMENDMENTS TO THE DETAILED

REGULATIONS OF THE CONVENTION OF THE UNION (1988)

BY THE LEGAL EXPERTS TASK FORCE OF

THE POLICY, STRATEGY AND GOVERNANCE COMMITTEE

54

200.0.1

PREAMBLEThe Plenipotentiaries of Governments of the Member-States of the Pan African Postal Union,

- Having regard to Article 34 15.4 of the Convention of the Pan African Postal Union;

- Have by common consent, adopted the Detailed Regulations to ensure the application of the Convention

and the functioning of the Union.

Justification: Consequent on amendment of the Convention

55

200.2.1CHAPTER I – PLENIPOTENTIARY CONFERENCE

Article 2: Functions of the Conference

The functions of the Conference shall be:

1. to revise the Convention, its Detailed Regulations and the Financial Regulations if necessary;

2. to determine the general policy which the Union shall follow in order to achieve the objectives laid down on Article 5

6 of the Convention;

3. to examine and approve the programme of activities and accounts of the Union and determine the ceiling or

budgets for the quadrennial period;

4. to determine the scale of assessment of the Member-States and Associate Members ;5. to establish the structure of the General Secretariat, elect the Secretary-General and Assistant Secretary-General

of the Union and determine their salaries, allowances and other conditions of service;

6. to establish such subordinate bodies as it may deem necessary for the purpose of achieving the objectives of the

Union and prescribe to such bodies, rules for the conduct of their activities;

7. to approve the financial and administrative regulations and any other rules governing the activities of the Union;

8. to approve provisional agreements concluded between the Union and other African and International Organizations

and countries;

9. to adopt, at the conclusion of each session, a report addressed to all Member-States as well as the Organization of

African Unity (OAU) African Union (AU);

10. to consider the reports of activities of the Administrative Council and the General Secretariat of the Union since the

last session of the Conference;

11. to elect the members of the Administrative Council.

Justification: Incorporate the revisions in the Financial Regulations into the functions of the Conference together with the scale of

assessment of contributions of Associate Members. Paragraph 1 contains the provisions of paragraph 7 that has

been deleted.

The other amendments have been recast for proper flow.

56

200.3.1CHAPTER II – ADMINISTRATIVE COUNCIL

Article 3: Composition of the Administrative Council

1. The Administrative Council shall consist of sixteen twenty five (25) Member-States. Fifteen of the Member

States Twenty-four (24) of its members are elected by the Conference. The sixteenth twenty-fifth

member shall be the host country of the Union.

2. The fifteen twenty four (24) elective members of the Administrative Council shall be distributed among

the regions as follows:

a) Five for the Western Region;

b) Three for the Eastern Region;

c) Three for the Central Region;

d) Two for the Northern Region;

e) Two for the Southern Region.

on pro-rata basis in accordance with the African Union’s geographical sub-regions.

3. The Member-State which acts as Chairman of the Conference shall be entitled to one of its region’s seat

if it expresses the desire before the election.

Justification: Harmonize this provision with Article 9 of the Convention on the composition of the Council.

Give the Union the flexibility to make adjustments to the distribution from time to time.

57

200.5.1.Article 5: Functions of the Administrative Council

The Administrative Council shall;

1. direct, control and coordinate financial, administrative and technical activities of the Union;

2. adopt the annual programme of activities and budget of the Union;

3. assess each year implement the decision of the Conference on the annual contribution of each

Member State to the budget of the Union;

4. to fix determine the basic salaries, allowances and other conditions of service for all the officers of

the Union with the exception of the Secretary-General and the Assistant Secretary-General;

5. adopt the annual management report and audited accounts of the Union presented by the Secretary-

General;

6. presents a report to the Conference on the activities of the Union during the last four year cycle;

7. supervise the negotiation of provisional agreements with other organizations whose activities relate to

those of the Union, and submit them for the approval of the Conference;

8. submit to the Conference proposals concerning the rules governing the financial, administrative and

technical activities of the Union;

9. prepare the provisional agenda of the session of the Conference;

10. establish such subordinate bodies as it may deem necessary for the purpose of achieving the

objectives of the Union and prescribe to such bodies, rules for the conduct of their activities.

11. presents a report to the Conference on the activities of the Union during the last four year cycle;

12. Examine and adopt reports and recommendations of the Administrative and Technical Committees;

13. Examine credentials of all members of staff of the General Secretariat and candidates seeking elective positions;

14. Set up ad-hoc Committees as it may deem necessary to achieve the objectives of the Union and establish rules for the way they carry out their activities;

15. Propose the establishment of relevant Administrative and Technical Committees to the Conference.

Justification: Expand the functions of the Council to enable it to perform its oversight and coordination role .200.7.1

Article 7: Re-election of the Members of the Council

58

1. Member-States of the Council shall be eligible for re-election. As far as possible, no Member State shall

be elected by three successive Conferences. for two consecutive terms.

2. Should any of the African Union geographical sub-regions elect to reappoint any Member State, that State shall be eligible for re-election to the Council for another term not exceeding an additional two consecutive terms.

3. Extension of that term of service beyond the additional two terms shall be determined in accordance with the prevailing political, social and economic consideration of that particular African Union geographical sub-region at the time.

4. As far as possible, no Member State shall be elected by three successive Conferences. [Member-State shall be elected by three successive Conferences].

Justification: Emphasize the principle of eligibility for re-election of Council members for two consecutive terms, while making an exception to extend this limit in some specific circumstances.

59

200.8.1.CHAPTER III – GENERAL SECRETARIAT

Article 8: Special Provisions

1. The General Secretariat is the executive body of the Union and shall be headed by a Secretary-General, shall be the legal representative of the Union assisted by an Assistant Secretary-General.

2. The Secretary General and the Assistant Secretary General shall be elected by the Conference for a four-year period. The Secretary General shall be re-eligible for election once only. At the end of his/her second and final term, the Secretary General shall not be eligible for either of both positions.

3. The Secretary-General and the Assistant Secretary-General shall be assisted by Head of Departments.The Secretary General shall be the legal representative of the Union. The Secretary General and the Assistant Secretary General shall assume office at a date fixed at the time of their elections.

4. The Secretary-General and the Assistant Secretary-General shall be assisted by Head of Departments other professional staff appointed based on the needs of the Union.

5. The profiles qualifications and eligibility of candidates for the posts of the Secretary-General and the Assistant Secretary-General as well as those of the members of staff shall be specified in the Staff Regulations.

6. The organization and working relations of the General Secretariat shall be defined in accordance with the Convention, the Detailed Regulations, the Staff Rules and Regulations, and the Financial Regulations.

Justification:Harmonize this provision with Article 10 of the Convention on the General Secretariat. Incorporate professional staff in the composition of this body and mention it in the organization of working relations in the Convention, Detailed Regulations, Staff Rules and Regulations and the Financial Regulations .

60

200.9.1Article 9: Functions of the Secretary-General

The Secretary-General shall:

1. Ensure the achievement of the objectives of the Union as defined in Article 6 of the Convention;

2. Prepare the convening of agenda, convene all meetings of the Union and provide the Secretariat

services;

3. be responsible for keeping all the documents and archives of the Union;

4. Prepare the draft programme of activities and budget of the Union for the quadrennial period and submit

them for the approval of the Conference;

5. Prepare the annual draft programme of activities and budget of the Union and submit them for the

approval of the Council;

6. Present for the approval of the Council, audited accounts of the Union for the preceding year;

7. Attend all meetings of the Conference and the Council;

8. Attend or be represented at the Administrative and Technical Committees’ meetings and seminar of the

Union;

9. Attend or be represented whenever possible at meetings and Conferences to which the Union is invited;

10. Appoint the other staff of the Secretariat after consultation with the Council;

11. Inform Member-States of any accessions to, or denunciation of the Convention;

12. if he deems it where necessary and subject to the approval of the Council, engage experts for specific

studies;

13. Periodically publish periodically a magazine consisting of articles information on developments in the

field of postal services;

14. Ensure the implementation of the decisions of the Conference and Council;

15. take together with in consultation with Member States take the necessary measures for implementation

of programmes of the Union;

16. Present to the Plenipotentiary Conference a report on the activities of the General Secretariat since the

previous Plenipotentiary Conference;

17. Present to the Administrative Council an annual report on the activities of the General Secretariat

between the two sessions;

18. Negotiate under the supervision of the Council provisional draft agreements with other organizations;

19. Perform any other duties that may be entrusted to the General Secretariat by the Conference and

Council;

20. Create and update a database of postal activities of Member States .

Justification: The functions of the Secretary General have been recast. A paragraph on the creation of a database has been added.

61

The supervision of the Council in negotiating provisional agreements has been deleted (cf. Article 5, paragraph 6 of the duties of the Council.

62

200.N10.1.Article 10: Functions of the Assistant Secretary General The Assistant Secretary General shall:1. Deputize for the Secretary General and act in his/her absence;

2. Supervise the operational structures of the General Secretariat,

3. Evaluate the performance of the staff;

4. Chair staff recruitment, promotion and any other disciplinary committees and come up with recommendations for Management’s consideration (Advisory Body);

5. Co-ordinate with sub-regional and other international organizations to enhance the development and diversification of quality postal products in line with the changing environment;

6. Assist the Secretary General to harmonize, as far as possible, the position of member states during international meetings, particularly Universal Postal Union (UPU) meetings;

7. Effectively represent the Secretary General/Organization in some of the high level meetings and Technical Committees;

8. Perform any other duties entrusted to him/her by the Secretary General.

Justification: This provision has been added to address a legal void as concerns the specific role of the Assistant Secretary

General. Some of these responsibilities had already been specified in the Staff Rules and Regulations.

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200.10.1Article 10 11: Emergency Consultation

Between two sessions of the Council, the Secretary General may, when he deems it where necessary, consult

Member States of the Council about one or several urgent matters for decision. In such a case, the decisions

shall be taken by a simple majority vote on the basis of replies which Member States shall communicate to the

Secretary General by telegram the most effective and fastest means, provided that such decisions shall not

have financial implications exceeding the limits of the budget for the current financial year. Any decision taken

through this method shall be tabled formally in conformity with the Convention and its Detailed Regulations at the next meeting of the Council.

.

Justification: The provision has been recast for proper flow.

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200.N13.1Article 13 13: Qualifications and eligibility requirements of candidates for elective positions Candidates for the positions of Secretary General and Assistant Secretary General must meet the following requirements:1. Hail from a Member State that has fully met its financial obligations to the Union, including for the current financial year;

2. Have their application filed by their Member State of origin;

3. Been put on unpaid leave from duty three months prior to the election date, where he/she is a permanent staff member of the Union, until the end of the elections;

4. Be at least 35 years old;

5. Be declared medically fit to hold the position;

6. Hold at least a first degree or an equivalent qualification;

7. Be fluent in one of the working languages of the Union;

8. Must have undergone a background check and recommended by the Credentials Committee;

9. Must have served in the postal sector for at least 10 years, including five in a management position;

10. Must not have been prosecuted and found guilty of any criminal offence;

Justification: More clarity and proper flow.

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200.11.1.Article 11 12: Procedure for the election of the Secretary-General and the Assistant Secretary-General

1. Voting concerning the election of the Secretary-General and the Assistant Secretary-General shall be by secret ballot,

by roll-call in the alphabetical order of the Member States present and voting.

2. The first election shall be for the post of the Secretary-General and the second one shall be for the post of Assistant

Secretary-General

3. The Chairman of the Conference shall nominate three scrutineers and take the necessary measures to ensure the

secrecy of the vote.

4. Each delegation shall receive at each ballot a paper bearing the names of all contesting in alphabetical order.

5. Each delegation shall indicate on its ballot paper the candidate of its choice, by placing an “X” beside the name of the

candidate.

6. Abstentions, blank or invalid ballot papers are not considered in the calculation of the required majority.

7. The candidate who obtains the two-thirds majority of votes of the Member States present and voting shall be declared

elected.

8. If in the first ballot, no candidate is elected in conformity with paragraph 7 above, a second ballot and if necessary a

third ballot shall be organized.

After each ballot the candidate who obtains the least votes shall be eliminated as long as there are more than two

contesting candidates.

9. If after the third ballot, no candidate obtains the required two-thirds majority, a fourth and last ballot shall be held.

On the assumption that there are more than two contesting candidates, only the two candidates with more votes at the third ballot shall stand for election in this fourth ballot. In case of a tie, an exclusive ballot shall be organized to decide between the candidates with equal vote in order to have only two contesting candidates for the fourth and last ballot.

10. During this fourth and last ballot, the candidate with the simple majority of votes shall be declared elected.

11. In case of a tie after the fourth ballot, the Chairman shall draw lots to determine the candidate to be declared elected.

12. No delegation shall interrupt a ballot which has already started except to express a point of order on the manner in

which the voting is being held.

13. The Conference must ensure that the Secretary General and the Assistant Secretary General belong to different

linguistic groups and geographical regions, and as far as possible, ensure gender balance pursuant to the policy of the

AU.

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Justification: Section 2 of paragraph 9 is redundant since the issue of the fourth ballot has been addressed in subsequent

paragraphs.

The addition of paragraph 13 is warranted by the need to guarantee the various kinds of balance in line with

current practices in the AU (cf. Convention).

200.12.1.Article 12 14: Status of Staff of the General Secretariat

1. In the performance of their duties, the Secretary-General, the Assistant Secretary-General, Heads of Departments and

all personnel staff of the Union shall neither solicit nor accept any orders from any government or authority foreign to

the Union. They shall abstain from any action incompatible with the aims and objectives of their duties.

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2. Member States of the Union shall undertake to abstain from exerting any influence on the elected members and staff of the Union in the exercise of their functions.

3. The Secretary-General, the Assistant Secretary-General and staff of the General Secretariat shall in no way be involved

in any postal service undertakings or companies.

4. A Staff Regulations The Staff Rules and Regulations shall defines the conditions of service of the staff of the General

Secretariat staff, which shall as far as possible be in harmony with those of the African Union.

Justification: This amendment is intended to comply as much as possible with practices in the parent organization, namely the AU.

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200.13.1.Article 13 15 : Vacancies in the General Secretariat

1. In the event of:

1.1 a) the post position of the Secretary-General falling vacant, the Assistant Secretary-General

shall act as Secretary-General until the next session of the conference;

1.2 b) the post position of Assistant Secretary-General falling vacant, the Secretary-General

shall designate, subject to the approval of the Council, one of the Heads of Departments to

act as Assistant Secretary-General until the next session of the Conference;

2. c) the posts positions of the Secretary-General and Assistant Secretary-General falling vacant simultaneously the most

senior Head of Department shall provisionally exercise the functions of Secretary-General and the Head of Department

next in seniority shall exercise the functions of Assistant Secretary-General. An extraordinary session of the

Conference shall be convened not later than nine (9) six (6) months to elect the Secretary-General and Assistant

Secretary-General.

3. 2. Six months before each ordinary session of the Conference, the General Secretariat shall send out calls for

applications for the posts positions of the Secretary-General and the Assistant Secretary-General of the Union to all

Member-States to invite them to submit applications of their nationals within a time-limit of three (3) months from the

date of the publication of the vacancies.

Justification: Time lapse needed to be extended to meet the procedural requirements and for proper preparation.4. 3. All applications received by the General Secretariat for the posts positions of Secretary-General and Assistant

Secretary-General shall be communicated to all the Member-States for information, two (2) months before the

Conference is held.

5. 4. The following criteria shall as far as possible be considered during the elections of Secretary-General and Assistant

Secretary-General of the Union:

2.1 Qualification

2.2 Eligibility

2.3 competence

a. 4.4 linguistic considerations

b. 4.5 equitable geographical distribution among the regions of Africa.

Justification: Extend the time lapse for convening an extraordinary Conference should the positions of Secretary General and

Assistant Secretary General fall vacant at the same time. Paragraph on qualification and eligibility of elected officials deleted since it has been catered for in Article 13.

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200.15.1.Article 15 17: Responsibilities

The Administrative and Technical Committees organs of the Union entrusted with the task of advising and making

recommendations on all issues which are beneficial to shall study matters referred to them by the organs of the

Union and make appropriate recommendations.

Justification: Recast for proper flow.

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Article 16: Implementation of the studies

1. The Conference of the Council shall define the terms of reference of the studies entrusted to these Committees

and determine the conditions of their implementation.

2. The results of the studies carried out by the Administrative and Technical Committees shall be submitted to the

Conference or the Council for adoption before their implementation.

Justification: Former Article 16 deleted since that has been catered for in the proposed new Article 17 on “Responsibilities of

Administrative and Technical Committees”;

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200.N18.1.

Article 18: Procedure for the functioning of the Committees1. All Administrative and Technical Committees shall be led by a Chairman assisted by two vice-chairmen

and two rapporteurs.2. The Chairman and vice Chairman shall be appointed by the organ that set up the Committee concerned. 3. Rapporteurs shall be appointed by the Committee during its first meeting. 4. The organ that sets up a committee determines its terms of reference. 5. A Committee may, for the purposes of its operation, use available means of communication such as email,

fax, mail, and telephone. It shall be convened as often as necessary by its chairman in consultation with the Secretary General.

6. Meetings of Committees may be held at the Headquarters of the Union or in any Member-country. 7. Recommendations by a Committees shall be submitted to the organ which created it for adoption prior to

implementation.

Justification: Legal void that needed to be filled.

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200.17.1.CHAPTER V

FINANCES OF THE UNION

Article 17 19 : Payment of Contributions

1. Member States and Associate members shall pay in advance their annual contributions calculated on the basis of the budget approved by the Council.

2. Any Member State whose contributions in arrears of payment for two consecutive years to the Union shall forfeit its right to vote voting rights, in line with article 26 of the Convention, and shall be deemed suspended if the delay extends to another year.

3. Any Associate member in arrears of payment for two (2) consecutive years shall be suspended.

________________________________________________________________________________________________

Justification: Comply with Article 26, paragraph 2 of the Convention. Incorporate the payment of contributions by Associate Members, while providing for sanctions in case of default

and arrears.

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200.20.1.Article 20 22 : Budget s of the Union

1. The Conference shall fix determine the annual budget ceilings of the Union for the quadrennial period.

2. The Secretary-General may within the limits of ceilings fixed determined for the quadrennial period

readjust the draft annual budgets of the Union to be submitted for the approval of the Council.

__________________________________________________________________________________________ Justification:The word “fix” replaced with “determined” for purposes of style. This is an amendment to the English version only.

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200.25.1.Article 25 27: Observers

1. The Union shall may invite to the meetings of its organs as observers, Associate Members, the OAU

AU, UPU, Restricted Postal Unions as well as African and International Organizations whose activities

relate to postal services.

2. A Non-Member State of the Administrative Council shall may, at its request, participate without the right

to vote in the deliberations of the Council.

_________________________________________________________________________________________ Justification: Incorporation of Associate Members.

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200.26.1.Article 26 28: Venue of meetings of the Union

The sessions of the Plenipotentiary Conference and the Administrative Council shall be held at the seat of the

Union unless a Member State invites the Conference or Council to meet on its territory.

In which the latter event circumstance, the inviting host country shall bear the full costs for hosting the event,

including:

Fees and equipment for interpretation services;

Secretariat staff accommodation, boarding and services;

OR, as may be determined from time to time by the Plenipotentiary Conference or the Administrative Council

provide the Union with the necessary assistance for the proper organization of the meeting

Justification: Incorporate into the DRC the relevant provisions of Resolution No. 12/UPAP/CP/IX/2016 setting out the Terms of Reference for the host country and PAPU in organizing meetings outside the Union’s Headquarters.

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200.N29.1.Article 27 29: Interpretation and Application of Convention and Detailed Regulations Any dispute arising from the interpretation or application of the Convention or its regulations shall be settled by a simple majority of votes of Members present and voting.

_____________________________________________________________________________ Justification: Harmonize with the provisions of the Convention.

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200.27.1.Article 27 30: Settlement of Disputes

1. Any other dispute arising from the interpretation or application implementation of the Convention or its

and these Detailed Regulations shall be submitted to the General Secretariat Secretary-General with a

view to having an amicable settlement within thirty (30) days of declaration of dispute.

2. Should this attempt for an amicable settlement fail, the Secretary-General shall within thirty (30) days

submit the dispute to the mediation of a Member State which is not a party to the dispute and which shall

be accepted by the two parties to the dispute.

3. In the event that the mediation fails, the dispute shall within thirty (30) days be submitted to an

arbitration tribunal by the Secretary-General on the initiative of one of the parties to the dispute or of the

Secretary General of the Union. The Arbitration Tribunal shall consist of three Member States which shall

be nominated as follows:

3.1 a) two arbitrators, one nominated by each of the parties;

3.2 b) a third arbitrator nominated by common agreement by the arbitrators chosen

by the parties, shall be called upon to preside over the Arbitration Tribunal. This third

arbitrator shall be a member of the Union not implicated in the dispute.

4. In the event that two arbitrators fail to agree on the choice of a third arbitrator, each arbitrator shall

propose a third arbitrator with no interest in the dispute. The Secretary-General of the Union shall then

proceed to draw lots to designate the third arbitrator.

5. The decision of the Arbitration Tribunal shall be binding on the parties to the dispute.

6. Any dispute implicating the General Secretariat shall be submitted to the Council.

7. The foregoing provisions shall be without prejudice to the choice of any other mode of settlement that the

parties concerned may jointly decided upon in keeping with the spirit of the Convention.

__________________________________________________________________________________________Justification: Harmonize this provision with the Convention.

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200.N31.1CHAPTER VIII – ASSOCIATE MEMBERS

Article 31: Definition of Associate Member Any other Member State of the UPU, company or civil society organization engaged in postal services, including training institutions.

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N32.1Article 32: Membership requirementsEntities desirous of becoming Associate Members of the Union must:

1. Have been duly incorporated in their country of origin; 2. Be engaged in postal services

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N33.1Article 33: Admission proceduresAny company or civil society organization desirous of becoming an Associate Member of the Union shall submit an application to the Administrative Council through the Member State in which it operates.

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N34.1Article 34: Decisions on applications for Associate MembershipThe Administrative Council may approve or reject the application pursuant to the provisions of Article …….

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N35.1Article 35: Functions of Associate MembersThe functions of Associate Members shall be as follows:a) Participate in the framework for dialogue between stakeholders of the postal sector; b) Carry out studies to improve the postal sector; c) Advise the Union on specialized/technical issues and make recommendations/give opinions on matters

referred to them by the Administrative Council;d) Make recommendation to the Conference, subject to approval by the Administrative Council; e) Carry out any other activity assigned by the Administrative Council; f) Raising financing for the Union.

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N36.1Article 36: Rights and obligations of Associate Membersa) Associate Members shall be entitled to participate in the activities of the Union; b) Associate Members shall not have voting rights; c) Associate Members shall not be eligible to hold elective positions in the Union; d) They shall contribute to the budget of the Union.

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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200.N37.1Article 37: Sanctions1. The Administrative Council may, by a two-thirds majority of members present and voting, suspend an Associate Member that:

(a) Practices a policy contrary to the principles and objectives of the Union; (b) Fails to meet its financial obligations to the Union for three consecutive years; (c) Does not comply with the decisions of the Conference and the Administrative Council.

2. The Administrative Council may, by a two-thirds majority of members, overturn the suspension of an Associate Member.3. The suspension of an Associate Member shall not exempt the latter from its financial obligations during the period of suspension.4. The suspension of an Associate Member for non-payment of its contributions shall cease once it fulfils its financial obligations to the Union.

__________________________________________________________________________________________ Justification:Provide for Associate Members.

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CHAPTER VIII – FINAL PROVISIONS

200.29.1. Article 29 31: Relation between the Convention and the Detailed Regulations

The present Detailed Regulations shall be subordinate to the Convention. For all its provisions which are not in

conformity with the Convention, the Convention shall prevail.

__________________________________________________________________________________________ Justification:The word “present” deleted for stylistic purposes (frenchism). This is an amendment to the English version only.

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200.30.1. Article 30 40: Amendments

1. Any Member-State may submit a written amendment proposal of to amend the Detailed Regulations to

the General Secretary Secretary-General which who shall communicate it to all Member States at least six (6) months before the Conference.

2. The Member States shall have at least six months to study the proposal before it is submitted to the

Conference for consideration.

The amendments shall be considered adopted when approved by a two-third majority of the Member-

States present and voting at a session of the Conference.

__________________________________________________________________________________________ Justification:Recast for more clarity and accuracy.

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PAPU/AC/PSGC/03/2018 – Doc No. 3 – Annex No. 4 – Definitions For the purposes of the Acts of the Pan African Postal Union, the terms below shall be defined as follows:

- Accession: Act whereby a Member State of the African Union (AU) that is not a party to the PAPU Convention decides to submit itself to same by presenting a ratification instrument to the General Secretariat through diplomatic channels;

- Accreditation: Recognition of a person's capacity to represent a State during PAPU meetings;- Adjournment of discussions/deliberations: A short postponement of deliberations on a subject

matter on the agenda to a specified time;- Adjournment of session: A formal postponement of a session to a specified date or to an unspecified

date;- African Union (AU): Organization composed of 55 African countries and established in Durban, South

Africa, in 2002 pursuant to the Syrte Declaration of 9 September 1999; It replaces the Organization of African Unity (OAU);

- Associate Member: A member country of the UPU, company or civil society organization engaged in postal activities, including training institutions recognized as members of the Union;

- Closing of discussions/deliberations: Moment following which no speaker shall be allowed to take the floor after the list of speakers has been exhausted;

- Closing of session: End of session that happens when all items on the agenda have been exhausted;Convention: Fundamental Act of the Union that supersedes all other Acts;

- Denunciation: Act whereby a Member State that is a party to the Convention of the Union withdraws therefrom by giving notice to the General Secretariat through diplomatic channels;

- Detailed Regulations of the Convention: Regulations adopted to operationalize the Convention of the Union and ensure the proper functioning of its organs;

- Digital economy: Economic and social activities that are generally conducted using online platforms like the Internet, mobile networks, etc... E-commerce is a key component of the digital economy;

- Dispute: Difference in opinion or interests between Member States arising from the Acts of the Union;

- Financial Regulations: Regulations governing the management and control of the Union's finances;- Host Country: Member State that accommodates the headquarters of the Union and concludes a

headquarters agreement with the General Secretariat;- In camera sitting: Exception to the principle of public debate by barring access to the general public;- Member State: A Member State of the AU that has signed and ratified the PAPU Convention or

acceded to same;- Motion for adjournment of sitting: Motion to close discussions/deliberations during a sitting;- Motion for suspension of discussions/deliberations: Motion to temporarily stop the deliberation on a

subject matter;- Motion for suspension of sitting: Motion to temporarily stop a sitting to a later time; - Point of order: Motion provided for in certain circumstances to reconsider the order/manner in which

a discussion is conducted;- Postal service: All postal activities, the scope of which is determined and regulated by the Acts of the

Universal Postal Union (UPU) and national regulations. These shall include mail/courier items, financial and digital services or other socio-economic activities as may be defined in national laws

- Procedural motion: Motion provided for in certain circumstances to close discussions on a specific item on the agenda;

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- Ratification: Approval of the Acts of the Union by the competent national authorities, which commits the State in the international arena, followed by transmission of the ratification instrument to the PAPU Secretary General;

- Restricted Union: Association of designated operators of a specific region aimed at strengthening cooperation amongst postal organizations with a view to improving service delivery;

- Session: Period during which an organ or a committee of the Union meets to deliberate;- Sitting: A formal meeting to consider specific items on the agenda of the session of an organ or

committee of the Union;- Staff Rules and Regulations: Regulations outlining the fundamental conditions of service, rights, duties

and obligations of staff members of the Union;- Suspension of a Member State: Decision by the Conference to temporarily relieve a Member of its

obligations as specified by the Acts of the Union;- Sustainable development: Kind of economic development aimed primarily at reconciling economic

and social progress with environmental protection, considering the latter as a common heritage to be passed on to future generations;

- Universal Postal Service (UPS): A public offering of good-quality basic postal services, delivered in a continuous manner, at any point of the territory, at affordable rates and in keeping with the principles of quality, continuity and universality;

- Universal Postal Union (UPU): Specialized institution of the United Nations in charge of outlining policy guidelines and directives for all Member States on how to deliver universal postal services and conduct exchange of mail items and financial services among all designated postal operators in Member States;

- Withdrawal of membership: When a Member State elects in writing to temporarily suspend their participation in the Union’s activities or payment of their mandatory contribution to the Union.

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PAPU/AC /PSGC/03/ 2018 – Doc No. 3 – Annex No. 5 – Geographic Regions of Africa Regions of the African UnionMember states of the African Union are divided into five geographic regions of the African Union: North, Southern, East, West Zone A & B, Central.

North Region Southern Region East Region West Region Central Region1. Algeria 1. Angola 1. Comoros 1. Benin 1. Burundi2. Egypt 2. Botswana 2. Djibouti 2. Burkina Faso 2. Cameroon3. Libya 3. Lesotho 3. Ethiopia 3. Cape Verde 3. Central African Republic4. Mauritania 4. Malawi 4. Eritrea 4. Côte d’Ivoire 4. Chad5. Morocco 5. Mozambique 5. Kenya 5. Gambia 5. Congo Republic6. Sahrawi Arab Democratic

Republic6. Namibia 6. Madagascar 6. Ghana 6. Equatorial Guinea

7. Tunisia 7. South Africa 7. Mauritius 7. Guinea- Bissau

7. Gabon

8. Swaziland 8. Rwanda 8. Guinea 8. Sao Tomé & Principe9. Zambia 9. Seychelles 9. Liberia10. Zimbabwe 10. Somalia 10. Mali

11. South Sudan 11. Niger12. Sudan 12. Nigeria13. Tanzania 13. Senegal14. Uganda 14. Sierra Leone

15. Togo

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PAPU/AC/PSGC/03/2018 - Doc No.3aAgenda item No.05.2

Draft Recommendation No.XX /PAPU/AC/XXXVII/2018

On submission of a Decision adopting the Acts of the Union during the 5th Extraordinary Session of the Plenipotentiary Conference

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 5(8) of the Detailed Regulations of the Convention;

Cognizant of the fact that the Acts of the Union are outdated and need to be revised to meet the demands of the current dispensation;

Having reviewed the proposed amendments to the Convention and its Detailed Regulations;

Persuaded that the proposed amendments should align the Acts to the current dispensation;

Noting that authority to consider these amendments lies with the Plenipotentiary Conference;

RECOMMENDS

Adoption of the amendments to the Acts, namely the Convention of the Union and the Detailed Regulations thereof, as set out in the Annex hereto;

INSTRUCTS

The General Secretariat to submit the related Draft Decision during the 5th Extraordinary Session of the Plenipotentiary Conference for adoption.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/03/2018 - Doc No.03bImplications of the proposed amendments to the PAPU Acts

Agenda item No.05.3

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I. INTRODUCTION

The proposed amendments to the Acts will have both legal and financial implications.This document will outline the major ones.

II. LEGAL IMPLICATIONS

One of the amendments seeks to provide for the Plenipotentiary Conference to be held every two (2) years, after the UPU Congress. This is intended to circumvent the recurrent divisions witnessed on the eve of each Congress and give room for the strategic global decisions made to be included in the quadrennial programme; The proposal is to hold the Plenipotentiary Conference within a period of nine (9) months following the UPU Congress. Should it be adopted, this will have an incidence on the terms of office of the various organs and their bureaus.

A. The Plenipotentiary Conference

Pursuant to Article 9, paragraph -3 of the Convention:

"The Conference shall convene in ordinary session every four years."

Since the Conference meets every four (4) years, it goes without saying that it cannot be convened officially a few months thereafter.Therefore, this provision must be amended to allow the Conference to meet officially.In this regard, there is an urgent need to take special steps to extend the interval between the 9th and the 10th Ordinary Sessions of the Plenipotentiary Conference. (A CLARIFIER AVEC LE CRL)There is no particular issue with the mandate (term of office) of the Conference Bureau. Article 4 of Rules of Procedure (RP) of the Plenipotentiary Conference clearly states that the Bureau's mandate ceases following the election of a new Bureau. The Bureau's mandate therefore runs until the next Plenipotentiary Conference, including where it is held belatedly.

B. The Administrative Council (AC)

As to the term of office, Article 10, paragraph 1 of the Convention provides that:"The Administrative Council hereinafter referred to as “the Council” shall comprise twenty (20) Member-States. Its term of office shall be four years. "In this regard, there is a need to propose an amendment notwithstanding the aforementioned Article 10(1), whereby the mandate of the Administrative Council elected by the 9th Ordinary Session of the Plenipotentiary Conference will be extended until the next PC.

There are no specific provisions as concerns the mandate of Council Bureau members. Article 4(1) of Rules of Procedure (RP) of the Administrative Council clearly states that the Bureau's mandate ceases following the election of a new Bureau.The current Bureau can therefore remain in office until a new Bureau is elected.

C. Elected officials

Pursuant to Article 11(2), paragraph -2 of the Convention:"The Secretary General and the Assistant Secretary General shall be elected by the Conference for a four (4) year period (…)"

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There are two possible scenarios: either the elected officers are relieved of duty upon expiry of their term or the latter is extended.In the first scenario, the Secretary General and Assistant Secretary General shall cease to exercise their duties. Pending the next Conference, the transition would be managed by staff members as stated in Article 13 of the Detailed Regulations of the Convention on vacancies at the General Secretariat. In the second scenario, their term of office may be extended until the next Conference.

III. AMENDMENT PROCEDURE

In all the aforementioned cases, the provisions to be amended belong to the Convention.The revision on the mandates of the organs may be made directly in the Acts in the form of transitional provisions or a separate Decision issued by the PC.

IV. FINANCIAL IMPLICATIONS

One of PAPU's key objectives is to harmonize the positions of Member States during international meetings, particularly Universal Postal Union meetings. The interval between two Plenipotentiary Conferences where strategic decisions are made by the highest postal authorities, does not allow for the flexibility and responsiveness expected from PAPU. Where the Ordinary Session of the Plenipotentiary Conference is held after the UPU Congress, there would be no budget allocation for the Union at the end of the 2016-2020 four-year cycle, until the next session. In this case, there is need to authorize budget allocations using the provisional twelfth of the previous year budget (per month of delay) to allow the Union to operate.

V. IMPLICATIONS ON THE PROGRAMME OF ACTIVITIES

Pursuant to Article 2(3) of the Detailed Regulations of the Convention, the Conference shall examine and approve the Union’s programme of action. This has been the case for the 2017-2020 quadrennial cycle.It therefore goes without saying that should the Conference be shifted a few months further from the normal cycle, the Union would no longer have an activity programme. It is therefore recommended that the 2017-2020 programme of activity should be extended to cover the period leading to the next Ordinary Session of the Plenipotentiary Conference.

VI. CONCLUSION

Members are requested to review this document and make appropriate recommendations.A Draft Recommendation is hereby submitted for the kind attention of the Committee.

PAPU/AC/PSGC/03/2018 - Doc No. 3b - Annex No. 1Draft Recommendation No. PAPU/AC/XXXVII/2018

On submission of a Decision on the implications of the proposed amendments to the Acts of the Union during the 5th Extraordinary Session of the Plenipotentiary Conference

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 5(8) of the Detailed Regulations of the Convention;

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Having examined the report of the General Secretariat on the implications of the proposed amendments to the Acts of the Union;

Mindful of the benefits to be derived by revising the Acts of the Union and the inherent costs thereof;

Taking note of their legal and financial implications;

Considering that convening the Ordinary Session of the Plenipotentiary Conference after the UPU Congress will inform decision-making in a more proactive manner, both at strategic and operational levels, thereby enabling Africa's postal sector to keep abreast of the rest of the world;

Considering the legal and budgetary void between the end of the 2016-2020 four-year cycle and the new cycle that begins following the next Ordinary Session of the Plenipotentiary Conference;

Mindful of the need to meet the costs of the revisions to be made;

RECOMMENDS

- A nine (9) month extension of the interval between the 9th Ordinary Session of the Plenipotentiary Conference and the 10th Ordinary Session of same;

- A nine (9) month extension of the term of office of the Administrative Council members elected by the 9th Ordinary Session of the Plenipotentiary Conference;

- A nine (9) month extension of the term of office of the officials elected by the 9th Plenipotentiary Conference OR their cessation of duties at the end of their term pursuant to Article 13 of the DRC on vacancies at the General Secretariat;

- The authorization of budget allocations using the provisional twelfth of the previous year budget (per month of delay), to allow the Union to operate beyond the 2016-2020 quadrennial cycle until the next Ordinary Session of the Plenipotentiary Conference;

- Extension of the 2017-2020 programme of activities up to the 10th Ordinary Session of the Plenipotentiary Conference.

INSTRUCTS- The General Secretariat to submit a Draft Decision accordingly for adoption.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/03/2018 – 3c

3rd meeting of Administrative and Technical Committees7 to 8 April 2018, Algiers (Algeria)

Original: French

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Agenda item No.05.4

Subject

Proposed amendments of the Staff Rules and Regulations

References/paragraphs

Convention, Detailed Regulations of Convention, and Staff Rules and Regulations

Decision expected

Take note of document

Make any relevant comments/observations

I. INTRODUCTION

The PAPU Staff Rules and Regulations (SRRs) were amended during the Ordinary Session of the Plenipotentiary Conference held in Yaounde, Cameroon, from 22 to 23 July 2016.These proposed amendments were made pursuant to Rule 89 of the SRRs, which assigns the initiative to revise or amend this instrument to the General Secretariat.

II. PROPOSED AMENDMENTS

Rule 1 of the SRRs (Definitions) defines a staff member as: "Any person employed on a permanent or temporary basis by the Union and belonging to any of the Categories defined in Rule 3 of these Staff Rules and Regulations";

This is a very general definition that may create issues with respect to allocation of certain benefits, including:- Education allowance

Pursuant to Rule 47 of the SRRs:"An education allowance shall be paid for each dependent child attending a school. This grant will be paid in respect of dependent children of all members of staff, including those working in their own countries, in line with the prevailing African Union regulations."

Implementing this provision implies that all members of staff, are entitled, regardless of whether they are permanent or not (notwithstanding the kind of employment contract). There is thus a need to define not only the term "education allowance", but also the notion of "member of staff" by adapting the prevailing African Union regulations to the PAPU environment. The proposal is as follows:

- On education allowance:

Education allowance: "This allowance is provided to cover the educational services and equipment needed to deliver an education that caters for the actual needs of the child, who should be able to attain the highest level of learning possible.Project staff, short-term contract staff and consultants shall not be eligible for education allowance.The payment procedure for education allowances shall be set out by the Secretary General. "

- On the notion of staff member:

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Staff member: "Apart from elected officials, any member of staff recruited internationally or locally and assigned to a full-time position."

- On the reference to the Staff Rules and Regulations applicable in the African Union on education allowance

Pursuant to Rule 47(5) of the Staff Rules and Regulations:

“An education allowance shall be paid for each dependent child attending a school. This grant will be paid in respect of dependent children of all members of staff, including those working in their own countries, in line with the prevailing African Union regulations.”

Decision No. 04/PAPU/CA/XXXII/2013 raises the education allowance payable to staff of the PAPU General Secretariat. It sets the amount at USD5 000 for internationally-recruited staff. At the time, locally-recruited staff were not entitled to the allowance.

According to Rule 22.3 of the African Union (AU) Staff Rules and Regulations:

“Education allowance shall be payable to all staff members on Continuing Regular or Regular appointment in respect of each eligible dependent child in full-time attendance in an educational institution, provided such child is at least three (3) years old and not more than:

a) Twenty-four (24) years of age where the parent staff member was recruited before 30 June 1990 and 30 June 2003.

b) Twenty-one (21) years of age where the parent staff member was recruited after 30 June 2003.

Education allowance shall not be paid to staff members on project, short-term and consultants. However where a staff member’s contract is for a term of one-year or more and or has continuously been in the services of the Union for more than 4 years, his or her children shall be eligible to receive fifty percent (50%) of approved educational allowance paid to regular or continuing regular staff members.”

Since January 2018, the AU the AU revised the education allowances as follows:

Eligible staff members whose duty station is in Africa or any part of the world other than Europe or North America:

- Up to USD10 000 per eligible child per year for internationally-recruited regular staff enrolled in these regions;

- Up to USD3 300 per eligible child per year for national regular professional staff and locally-recruited enrolled in these regions;

Eligible staff members whose duty station is in Europe or North America: - Up to USD15 000 per eligible child per year for internationally-recruited regular staff;- Up to USD5 000 for national regular staff and locally-recruited regular staff.

Consequently, should the amounts be aligned with those of the AU, this what will be payable to internationally-recruited and locally-recruited staff.

However, it must be noted that PAPU is a specialized agency but not an AU organ with the same resources as the parent organization. Aligning the education allowance to the latter’s will have a heavy financial impact on its budget.

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In view of the foregoing, realism and pragmatism warrant that the reference to the AU Staff Rules and Regulation should be withdrawn as concerns the Education Allowance. This will allow the Conference to set the amount thereof. We are equally recommending a reformulation of Rule 47(5) of the Staff Rules and Regulations as follows:

"An education allowance shall be paid for each dependent child attending a school. This grant will be paid in respect of dependent children of all members of staff, including those working in their own countries, in line with the Decision passed by the Plenipotentiary Conference.”

- On setting the amount of the education allowance

The aforementioned Decision No. 04/PAPU/AC/XXXII/2013 sets the education allowance at USD5 000 for internationally-recruited staff. To set the amount for locally-recruited staff, there is need to refer to the ratio used by the African Union to differentiate the amounts paid to international and local staff respectively, namely USD10 000 and USD3 300. This gives a ratio of 33%, which when applied to the USD5 000 payable to PAPU staff is USD1 650.

III. CONCLUSION

Members are requested to take NOTE of this document and make any relevant comments/observations.

PAPU/AC/PSGC/03/2018- Doc No. 3c - Annex No. 1

Draft Recommendation No.XX /PAPU/AC/XXXVII/2018

On submission of a Decision to amend the Staff Rules and Regulations during the 5th Extraordinary Session of the Plenipotentiary Conference

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 5(8) of the Detailed Regulations of the Convention;

Mindful of Rule 89 of the Staff Rules and Regulations of the Union;

Considering that the Staff Rules and Regulations of the Union contain loopholes in defining certain key concepts like member of staff, education allowance on the one hand; and that the amount of this allowance in the AU Staff Rules and Regulations may have a heavy impact on the finances of the Union on the other hand;

Mindful of the need to close these loopholes;

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Persuaded that the proposed amendments should enhance the implementation of the Staff Rules and Regulations;

RECOMMENDS

Amendments to be made to the Staff Rules and Regulations on the definitions of member of staff and education allowance as well as removal of the reference to the African Union Staff Rules and Regulations, as set out in the Annex hereto;

INSTRUCTS

The General Secretariat to submit the amendments during the 5 th Extraordinary Session of the Plenipotentiary Conference for adoption.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/03/2018- Doc No. 3c - Annex No. 2

Draft Recommendation No.XX /PAPU/AC/XXXVII/2018

On submission of a Decision setting the amount of education allowance payable to staff members of the Pan African Postal Union during the 5th Extraordinary Session of the Plenipotentiary

Conference.

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 5(8) of the Detailed Regulations of the Convention;

Mindful of Rule 89 of the Staff Rules and Regulations of the Union;

Mindful of Articles 47-5 of the PAPU Staff Rules and Regulations and 23-3 of the African Union Staff Rules and Regulations;

Considering that the Union is a specialized agency and not an organ of the African Union;

Considering that PAPU has an autonomous budget;

Aware of the fact that aligning the education allowance in the PAPU Staff Rules and Regulations to the amount in the African Union Staff Rules and Regulations is not a realistic option;

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Mindful of the need for PAPU organs to set the amount for staff members' education allowance based on the financial resources of the Union;

HEREBY RECOMMENDS AS FOLLOWS:

The Plenipotentiary Conference should set the amount for education allowance as follows:

- USD5 000 for internationally-recruited staff;- USD1 650 for locally-recruited permanent staff.

INSTRUCTS:

The General Secretariat to submit these proposals during the 5th Extraordinary Session of the Plenipotentiary Conference for adoption.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/03/2018 - 3d

3rd meeting of Administrative and Technical Committees7 to 9 April 2018, Algiers (Algeria)

Original: French

Agenda item No.05.5

Subject

Proposed amendments of the Financial Regulations

References/paragraphs

Convention, Detailed Regulations of Convention, and Staff Rules and Regulations

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Decision expected

Take note of document

Make any relevant comments/observations

IV. INTRODUCTION

The PAPU Financial Regulations (FRs) were amended during the Ordinary Session of the Plenipotentiary Conference held in Yaounde, Cameroon, from 22 to 23 July 2016. However, following implementation, some provisions still need to be improved.

V. PROPOSED AMENDMENTS

Regulation 38-2 of the Financial Regulations states:

"All contracts relating to the purchase of goods and provision of service shall be concluded on behalf of the Union by the Secretary General. They shall be subject to the procedures of direct purchase, consultation or tender according to levels fixed by the Council. A Tenders Committee is set up within the General Secretariat; this Committee shall comprise the Elected Officer(s) and Heads of Department. The Secretary General shall sign the letters of award. "

Pursuant to this provision, the Secretary General signs the letters of award and equally sits on the Tenders Committee. Therefore, to avoid a situation whereby the Secretary General is judge and jury, and give the Committee members the latitude to deliberate without the former's influence, there is need to exclude the Secretary General from the Committee. This should be chaired by the Assistant Secretary General. The provision should thus be recast accordingly as follows:

"All contracts relating to the purchase of goods and provision of service shall be concluded on behalf of the Union by the Secretary General. They shall be subject to the procedures of direct purchase, consultation or tender according to levels fixed by the Council. A Tenders Committee is set up within the General Secretariat. It comprises the Assistant Secretary General Elected Officers and Heads of Department. The Secretary General shall sign the letters of award. "

VI. CONCLUSION

Members are requested to take NOTE of this document and make any relevant comments/observations

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PAPU/AC/PSGC/03/2018 - Doc No.03eAgenda item No.05.6

Proposed amendments to the Rules of Procedure of the Administrative Council

I. INTRODUCTION

The provision on a heads of delegation meeting prior to the opening session of the Council does not entitle them to be assisted by any of their members during their deliberations, hence the need to provide for this possibility.

II. RECOMMENDED AMENDMENT

To address this shortcoming, it is recommended that heads of delegation should be assisted by two experts during their deliberations.

It is therefore recommended that the SRRs should be amended accordingly.

III. CONCLUSION

Members are requested to take NOTE of this document and make any relevant comments/observations.

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PAPU/AC/PSGC/03/2018- Doc No. 3d - Annex No. 1

Draft Recommendation No.XX /PAPU/AC/XXXVII/2018

On submission of a Decision to amend the Financial Regulations during the 5th Extraordinary Session of the Plenipotentiary Conference

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 5(8) of the Detailed Regulations of the Convention;

Mindful of Regulation 38 of the Financial Regulations of the Union;

Considering that the Tenders Committee is a vital in the Union's procurement process;

Considering that good governance principles require a segregation of tender selection functions from tender award functions;

Aware of the fact that the Secretary General of the Union signs the letters of award and equally sits on the Tenders Committee;

Mindful of the need to remedy the situation by clearly identifying and separating the different functions;

HEREBY RECOMMENDS AS FOLLOWS:

The Plenipotentiary Conference should amend the Financial Regulations of the Union as follows:

"All contracts relating to the purchase of goods and provision of service shall be concluded on behalf of the Union by the Secretary General. They shall be subject to the procedures of direct purchase, consultation or tender according to levels fixed by the Council. A Tenders Committee is set up within the General Secretariat. It comprises the Assistant Secretary General Elected Officers and Heads of Department. The Secretary General shall sign the letters of award."

INSTRUCTS

The General Secretariat to submit these proposals during the 5th Extraordinary Session of the Plenipotentiary Conference for adoption.

Done in Algiers, Algeria, on 10 April 2018

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Doc No. 3e-Annex No.1

Decision No. 00/PAPU/AC/XXXVII/2018

to adopt an amendment to the Rules of Procedure of the Administrative Council

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of Article 3 and 24 of the Rules of Procedure of the PAPU Administrative Council;

Desirous of enabling the heads of delegation to perform their missions effectively during the meeting prior to the opening session of the Administrative Council;

Considering the need for the latter to be assisted during the meeting prior to the opening session of the Administrative Council aimed at discussing issues that will determine the success of the deliberations;

HEREBY DECIDES AS FOLLOWS:

- Amends the Rules of Procedure of the Administrative Council by adding a new paragraph "a) bis" to Article 3, which provides that:

"Heads of delegation may be assisted by two experts of their choice during this meeting."

Done in Algiers, Algeria, on 10 April 2018

3rd meeting of Administrative and Technical Committees7 to 8 April 2018, Algiers (Algeria)

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PAPU/AC/PSGC/03/2018 - Doc No.04

Original: French

Agenda item No. 6

Subject

Draft Terms of Reference (ToRs) for the engagement of a consultant to draft the African Postal Guidelines

References/paragraphs

Acts of the UnionResolution No. 18/PAPU/AC/XXXVI/2017 on Postal Regulation

Decision expected

Take note of document

Make any relevant comments/observations

I. INTRODUCTION

By Resolution No. 18/PAPU/AC/XXXVI/2017 on postal regulation, the 36th Ordinary Session of the Administrative Council instructed the General Secretariat to draft a set of regional regulation guidelines drawn from current sub-regional models.To implement this Resolution, there is need to set out Terms of Reference (ToRs) for the engagement of a consultant who will draft the African Postal Guidelines.

II. AIM OF STUDY

The overriding aim of the study is to facilitate the drafting of an African Postal Directive that will serve as a common reference framework for all African countries in terms of postal regulation.

III. CONCLUSION

Members are requested to take NOTE of this document and make any relevant comments/observations.

PAPU/AC/PSGC/03/2018- Doc No.04 - Annex No. 1

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ENGAGEMENT OF A CONSULTANT TO DRAFT AN AFRICAN POSTAL DIRECTIVE

--------------------------------------

TERMS OF REFERENCE

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PAN AFRICAN POSTAL UNION(Specialized Agency of the AU)

GENERAL SECRETARIAT

PAN AFRICAN POSTAL UNION(Institution spécialisée de l’UA)

SECRETARIAT GENERAL

1. INTRODUCTION

Established on 18 January 1980, the Pan African Postal Union (PAPU) is a specialized agency of the African Union (AU), formerly known as the Organization of African Unity (OAU). It primary mission is to spearhead the development of postal services in Africa. On the global arena, it champions the agenda and defends the interests of Africa's postal fraternity within the platform of the Universal Postal Union (UPU) where it is equally recognized as a Restricted Union. It has a membership of 45 States that are all members of the African Union.

2. BACKGROUND AND RATIONALE

2.1 Institutional environment: At the inception of PAPU, the postal sector was still managed under the single traditional administrative unit with telecommunications (P&T). But since then, the sector has witnessed a twofold unbundling: horizontal (between Posts and Telecommunications) and vertical (between governance and operations).

2.2 Business environment: Today's postal offering is three-dimensional (physical, digital and financial). This three-dimensional network is a robust platform for seamless and integrated service delivery.

2.3 A new postal strategy: “VISION 2020: “How African posts can proactively develop innovative, integrated and all inclusive solutions for customers and stakeholders”. This was the theme of the pre-conference PAPU held in Bern prior to the UPU's Geneva Strategy Conference in April 2015, during which it built its Vision 2020 around the "3i"s (innovation, integration and inclusion). To achieve this vision, the African regional conference held in Khartoum had identified the development of e-commerce, postal financial services and reforms as key priorities for the 2017-2020 cycle.

2.4 The African Union's Agenda 2063: The African Union is persuaded that the post is a vital driver of its Agenda 2063. Postal services are therefore called upon to contribute towards implementation.

In view of these challenges, there is an urgent need to harmonize policies and regulations across Africa. Fortunately, some sub-regional postal organizations already have successful experiences in this regard. Mindful of the need, the 36th Ordinary Session of the Administrative Council held in Nairobi (Kenya) from 8 to 10 May 2017 passed Resolution No. 18/PAPU/AC/XXXVI/2017 on Postal Regulation instructing the General Secretariat to draft a regional regulation directive drawn from current sub-regional models.Implementing this Resolution will require a comprehensive study. These Terms of Reference (ToRs) are therefore outlined for the engagement of a consultant to draft the African Postal Directive.

3. Aims

3-1 Overall aim

The overriding aim of the study is to facilitate the drafting of an African Postal Directive that will serve a a common reference framework for all African countries in terms of postal regulation.

3.2 Specific aims

These include:- Conducting an overview and a comparative analysis of postal regulation within the Union's

respective geographical blocks;- Outlining efficient and effective regulatory standards;- Outlining service quality standards applicable to postal operators;

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- Developing the postal sector in a manner to guarantee its economic and financial equilibrium;- Specifying the missions and attributes of a regulatory authority from both functional and financial

perspectives;- Fostering fair and healthy competition amongst postal operators;- Fostering the financing and optimized delivery of universal postal services; - Protecting the interests of customers;- Outlining the requirements for delivery of potentially reserved services;- Setting out the guiding principles for a harmonized reform of the sector;- Managing postal statistics/data in the Union;- Interconnecting Member State postal networks;- Setting out the guiding principles for a harmonized training policy;- Fostering a policy of alliances, national or international partnerships between Member States;- Overseeing the Postal Guidelines project until its adoption by the competent AU authorities;- Helping the General Secretariat to present the report to the Administrative Council during its 38th

Ordinary Session in 2019;- Proposing a timetable to implement the different proposals.

4. WORK METHODOLOGY

The Consultant will begin by drawing up a work schedule in tandem with the ad hoc committee formed by the PAPU General Secretariat. This committee will work closely with the Consultant.

Basically, the work will be carried out on-site through:1 - A documentary review and situational diagnosis;2 - Assessment and characterization of demands (expectations) of Member States and other

stakeholders: environmental analysis; 3 - Missions to Member States;4 - Working sessions with the General Secretariat's ad hoc committee.

5. Period of study

The study must be completed successfully within a maximum period of five (5) months, effective from the date of assignment of the project to the Consultant.

6. Activities and deliverables

The work will be conducted through situational diagnoses, missions to identify the actual needs of a representative sample of Member States, formulation of strategies and an approval process.

Deliverable No. 1 from the situational diagnoses, work methodology and field missions carried out over a two-month period will be a report analyzing the situation and outlining the work methodology.

Deliverable No. 2 will be a report proposing appropriate strategies to be submitted within a period of two months, effective from the date of receipt of Deliverable No. 1.

Deliverable No. 3 will be the final report to be presented one month after Deliverable No. 2.

8. Financing of study

The project will be financed by the PAPU budget as well as by partners like the AU and UPU.

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9. Engagement of an expert

The expert will be hired based on the criteria below, following a call for expression of interest.

10. Reports

Draft reports will be presented to PAPU for comments and input prior to preparation of interim reports.

11. Working documents

To ensure efficiency, the expert will use the following documents as references:

- The PAPU Acts;

- UPU Regulation Directives;

- WAPCO Regulation Guidelines as well as documents on harmonization of postal regulation policies of the Southern African Development Community (SADC) and the Communications Regulators Association of Southern Africa (CRASA).

12. Skills required

The candidate must meet the following requirements: - Hold at least a bachelor's degree in economics, management, accounting or public sector

policy/strategy or a professional diploma in postal services equivalent to 3 years of university education.

- An additional qualification in methods organization or strategic planning will be a key asset;- 15 years of experience in international organization management, postal development issues and

public sector/intergovernmental organization operations; - Provide proof of experience in similar tasks at equivalent levels, especially in the field of

conceptualization, design and implementation of changes and specific initiatives on postal sector capacity building, as well as international experience in advising clients on change management.

13. Financial proposalThis must include consultancy services, completion of all activities and production of reports, consumables, travel, living expenses and accommodation for both on-site visits and presentation of the final report to the Administrative Council.

14. Expression of interestThe Letter of Expression of Interest must be delivered to the General Secretariat latest two (2) months from the date of publication of this Call for Expression of Interest. The bid must contain the technical proposal and the financial proposal.No late submission will be considered and no acknowledgment of receipts provided for bids that fail to meet the requirements. /-

PAPU/AC/PSGC/03/2018- Doc No.04 - Annex No. 2

Resolution No. 00/PAPU/AC/XXXVII/2018Adopting Terms of Reference (ToRs) for the engagement of a consultant to draft an African Postal

Directive

108

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

Mindful of PAPU's mission to harmonize policies and regulations in Africa's postal sector;

Mindful of Resolution No. 18/PAPU/AC/XXXVI/2017 by the 36th Ordinary Session of the Administrative Council on Postal Regulation;

Considering the Terms of Reference (ToRs) for the engagement of a consultant to draft the African Postal Guidelines;

Desirous of bringing all Member States to the same level in terms of postal regulation;

HEREBY RESOLVES AS FOLLOWS:

- Adopts the Terms of Reference (ToRs) for the engagement of a consultant to draft the African Postal Guidelines, as set out in the Annex hereto;

INSTRUCTS

- The General Secretariat to implement this Resolution.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/01/2018 - Doc No.05

3rd meeting of Administrative and Technical Committees7 to 8 April 2018, Algiers (Algeria)

Original: French

109

Agenda item No. 7

Subject

Creation of a postal statistics database

...

References/paragraphs

PAPU Strategic Plan for 2017-2020

Decision expected

Take note of document

Make any relevant comments/observations

I. INTRODUCTION

Tis document deals with the creation of a postal statistics database.

II. OVERALL OBJECTIVES OF CREATING A STATISTICS DATABASE

In today's world, the importance of statistics in all fields of activity cannot be overemphasized. It cuts across all aspects of modern life. The Post cannot afford to be left out.

The modernization of working tools occupies center stage amongst top priorities in the Strategic Plan for 2017-2020. As part of activities to implement the plan, there is a proposal to create a database for all postal activities. The Union communications strategy will be to establish a standard database that cuts across all Member State activities. Once the database has been created, the platform will allow Member States to continuously update their data from their respective countries.

III. CONCLUSION

Members are requested to take NOTE of this document and make any relevant comments/observations.

PAPU/AC/PSGC/01/2018- Doc No. 05 - Annex No. 1Resolution No. 00/PAPU/AC/XXXVII/2018

On the creation of a postal statistics database

The Administrative Council of the Pan African Postal Union (PAPU), meeting in its 37 th Ordinary Session in Algiers, Algeria, from 10 to 12 April 2018;

 Considering the paramount importance of statistics for the economy as a whole and the postal sector in particular;

110

Aware that they provide information on the trends and strengths of the sector and inform decisions made by the organs of the Union;

Taking note that most African posts lack updated statistical data;

Desirous of enabling the organs of the Union to effectively set out objectives and activities, while monitoring same;

HEREBY RESOLVES AS FOLLOWS:

- To create a postal statistics database at the PAPU General Secretariat; URGES

- Member States with no formal body in charge of managing postal statistical data to create a database,

update it on a regular basis and share this information with PAPU;

INSTRUCTS

- The General Secretariat to implement this Resolution.

Done in Algiers, Algeria, on 10 April 2018

PAPU/AC/PSGC/01/2018 - Doc No.06Agenda item No. 8

111

ACTION PROGRAMME OF THE UNION FOR 2018-2019 FINANCIAL YEAR

112

INTRODUCTION

The action programme for 2018-2019 is based on inputs and decisions from the 9 th Ordinary Session of the Plenipotentiary Conference (PC) and the 36 th ordinary session of the Administrative Council of PAPU. The following global objectives are in line with the world postal vision for 2020 and the priorities identified in the Istanbul World Postal Strategy (IWPS).

Build operational capacities and develop e-commerce;

Develop e-services;

Develop postal financial services;

Diversify products and services;

Reform the postal sector;

Working out strategies for sustainable development of the post;

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PAPU PROGRAMME OF ACTIVITIES 2018-2019Priority(RDP levels1 & 2)

Activity Objectives Expected results Target groupKey performance indicators

Cost estimate

Source of financing Period

P1 Workshop on Customs processing and mail handling(In collaboration with UPU)

Sensitize participants on Customs and mail handling procedures

Facilitate cooperation between Customs and Posts

Encourage members to implement Customs Declaration System (CDS)

Enhanced cooperation between Customs and Posts

Improved clearance of postal items

Mail Operations managers

Customs clearance officers

Number of countries signatory to Kyoto Convention

Number of countries implementing CDS

TBA PAPU Q3 2018

P1, 2, 3 Field missions to support member states on identified areas of need including addressing, e-services, operations at international mail hubs, conceptualization and development of regional projects, etc.

Capacity building Quality of service

improvement Benchmarking on

best practices

Improved delivery standards

Upgrading of skills

Key staff in service value chain

Member states

Number of countries visited

Countries that have implemented relevant programmes

Number of missions and studies successfully carried out

TBD PAPU Twice a year2018-2020

P1 Postal security: “Implementation and review of UPU

Train security experts in implementation of

Improved compliance with S58 & S59

Postal security experts

Number of countries certified

TBD UPUUSPS

Q3 2018

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security standards workshop for English and French speaking countries(In collaboration with UPU and USPS)

security strategy Prepare countries

for security certification

Assess compliance with S58 & S59 Standards

Standards Improved mail

security in DPOs Reduction of

complaints and compensations

Mail Operations managers

Number of complaints

P1 & 2 Financial services and inclusion

Sensitize participants on the role of the posts in promoting financial inclusion for national socio-economic development

Sharing of expertise and best practices

Capacity building in the area of postal financial services

Ensure provision of financial services that are secure, affordable and efficient.

Financial services managers and operational staff

IT support

Number of remittances /Number of customers using postal financial services

Market share of postal financial services in financial services market

Number of DPOs using IFS

TBA UPU, PAPU

Q4 2018

P1& 2 E-services workshop

Sensitize member states on e- services portfolio

Sharing of experience and benchmarking on

Improved range of products and services

Modernized products and service offering

E- services managers

IT managers

Number of services offered

Increase in revenue

TBD PAPU Q2 2019

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best practicesP3 Validation meeting

of the draft bill establishing uniform rules and regulations to govern the postal sector in Africa

Consider the Draft Bill

Validate the Draft Bill

Regulation Experts, lawyers, economists

Draft consensual Bill

TBD PAPU T2 2019

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PAPU/AC/PSGC/01/2018 - Doc No.06- Annex 1

Decision No. 00/PAPU/AC/XXXVI/2018

Approving the Programme of Activities of the Pan African Postal Union for the 2018/2019 financial year

The Administrative Council of the Pan African Postal Union (PAPU), meeting during its 37th Ordinary Session from 7th to 9th April 2018 in Algiers, Algeria;

Mindful of Articles 10(2) of the Convention, 5(2-3) of the Detailed Regulations of the Convention and Regulation 10(1) of the Financial Regulations of the Union;

Having reviewed the draft programme of activities for the 2018/2019 financial year submitted by the General Secretariat;

HEREBY DECIDES AS FOLLOWS:

Approves the annual programme of activities for the 2018/2019 financial year as set out in the Annex hereto;

INSTRUCTS:

The Secretary General to ensure implementation of the approved activities taking into account the vision, mission and strategic objectives of the Union;

Done in Algiers, Algeria, on 10 April 2018

117

PAPU/AC/PSGC/01/2018 Presentation of African Support Committee report

Agenda item No. 9

PAPU/AC/PSGC/01/2018 - Doc No.07Agenda item No. 10

118

Subject

Formation of a Taskforce in charge of regulatory matters

References/paragraphs

Resolution No. 18/PAPU/AC/XXXVI/2017 on Postal Regulation

Decision expected

Take note of document

Appoint members

I. INTRODUCTION

By Resolution No. 18/PAPU/AC/XXXVI/2017 on postal regulation, the 36th Ordinary Session of the Administrative Council decided to establish a Taskforce on Regulation in the Policy, Strategy and Governance Committee.Its aim is to implement this Resolution.

II. FORMATION OF TASKFORCE

To implement the aforementioned Resolution, only one Member State volunteered to join the Taskforce despite numerous requests to members of the Committee. That is why there is a need to designate members during these deliberations.

III. CONCLUSION

Members are requested to take NOTE of this document and designate the members of this Taskforce.

PAPU/AC/PSGC/01/2018- Doc No.07 - Annex No. 1

3rd meeting of Administrative and Technical Committees 7 to 9 April 2018, Algiers (Algeria)

119

TERMS OF REFERENCE OF TASKFORCE ON REGULATION

120

I- BACKGROUND AND RATIONALE:

One of the major challenges facing the Union is definitely the lack of harmonized postal policies and regulations in Member States. In the meantime, some sub-regional postal organizations already have successful experiences in this regard. The importance of regulation in the postal sector calls for the establishment of a platform that offers an enabling environment to build a postal market that allows for fair competition and caters to the fundamental needs of the continent's peoples.

Mindful of this need, the 36th Ordinary Session of the Administrative Council held in Nairobi (Kenya) from 8 to 10 May 2017 passed Resolution No. 18/PAPU/AC/XXXVI/2017 on Postal Regulation. The General Secretariat was instructed to form a taskforce on regulatory matters in the Policy, Strategy and Governance Committee.

II- OBJECTIVES: 2.1- Overall objective: The overriding objective of the Regulation Taskforce is to coordinate, and share information and experiences on regulatory matters so that, over time, Member States can be brought to the same level in this field.2.2- Specific aims:- Assist the General Secretariat in harmonizing postal regulation policies and regulatory frameworks. ;- Assist in preparing the postal regulators forum, including choosing themes and speakers ;- Share information and studies conducted in the field of regulation.

III- DELIVERABLESThe initial findings of the report presenting an in-depth analysis of the postal regulation issues shall be presented during the next Policy, Strategy and Governance Committee meeting to be held in 2019 prior to submission to the Administrative Council. The other reports will be submitted upon completion during each meeting and will focus on best practices. Furthermore, the Taskforce will work closely with the consultant in charge of preparing the African Postal Guidelines, thereby contributing to achieve this project.

IV. COMPOSITIONThe Group shall be made up of regulation experts from postal administrations of Member States who would have expressed the willingness to become members. However, attention shall be paid, as much as possible, to ensuring that the all the sub-regions of the continent are represented.

V. MEETING SCHEDULEThe Taskforce will meet on the sidelines of the Policy, Strategy and Governance Committee and whenever the need arises.Deliberations shall mostly take place using ICT facilities. However, on rare occasions where a meeting can be hosted by a willing Member State or at the Union's headquarters in Arusha (Tanzania), face-to-face sessions shall be held.

VI. Period

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The Taskforce reports shall be submitted on a regular basis to the Policy, Strategy and Governance Committee.

122