ASIAN-AFRICAN LEGAL CONSULTATIVE ORGANIZATION (AALCO)
About AALCO
A. Origin
The Asian-African Legal Consultative Organization (AALCO), originally known as the Asian Legal Consultative Committee (ALCC) was constituted on 15 November 1956. It is considered to be a tangible outcome of the historic Bandung Conference, held in Indonesia, in April 1955. Seven Asian States, namely Burma (now Myanmar), Ceylon (now Sri Lanka), India, Indonesia, Iraq, Japan, and the United Arab Republic (now Arab Republic of Egypt and Syrian Arab Republic) are the original Member States. Later, in April 1958, in order to include participation of countries of the continent of Africa its name was changed to Asian-African Legal Consultative Committee (AALCC). At the 40th Session, held at the Headquarters of AALCC in New Delhi, in 2001, the name of the Committee was changed to Asian-African Legal Consultative Organization (AALCO). It might seem to be a small nomenclature change, however, it has great symbolic significance reflecting the growing status of the Organization and the place it has secured among the family of international organizations.
B. Statutes and Statutory Rules of the Organization
Initially, AALCO was established as a non-permanent Committee for a term of five years. The five year term was further extended on four occasions until 1981, when at its Colombo Session, it was decided to place the Organization on a permanent footing. That decision necessitated revision of the original Statutes and Statutory Rules, the revised versions of which were adopted in 1987 and 1989 respectively. Alive to keeping the constituent instruments of the Organization in tune with the changing times and newer hopes and aspirations of its Members, the Member States, at the recently concluded Forty-Third Session of the Organization at Bali, Republic of Indonesia, in June 2004 accorded their unanimous approval to a new and revised Text of Statutes. The new Text of Statutes is in consonance with the constituent instruments with other intergovernmental Organizations and brings it in par with them. Consequently, the Statutory Rules are also being revised.
C. Membership
Member States:
Forty-seven countries comprising almost all the major States from Asia and Africa are presently the Members of the Organization. These countries are: Arab Republic of Egypt; Bahrain; Bangladesh; Brunei Darussalam; Botswana; Cameroon; Cyprus; Democratic People’s Republic of Korea; Gambia; Ghana; India; Indonesia; Iraq; Islamic Republic of Iran; Japan; Jordan; Kenya; Kuwait; Lebanon; Libya; Malaysia; Mauritius; Mongolia; Myanmar; Nepal; Nigeria; Oman; Pakistan; People’s Republic of China;Qatar; Republic of Korea; Saudi Arabia; Senegal; Sierra Leone; Singapore; Somalia; South Africa, Sri Lanka; State of Palestine; Sudan; Syria; Tanzania; Thailand; Turkey; Uganda; United Arab Emirates; and Republic of Yemen.
D. Procedure for Membership
Membership of the Organization is open to all Asian and African States that desire to participate in the Organization in accordance with its Statutes and Statutory Rules (Article 2(3) of the Statutes). Any such State desirous of membership has to address a written communication to the Secretary-General of the AALCO intimating its desire to participate in the Organization and stating its acceptance of the Statutes and Statutory Rules. The communication when received is circulated among the Member Governments with a request for submission of their comments within a period of six weeks. Unless objections are received from not less than one-third of the total membership of the Organization, the State concerned is thereafter declared admitted as a member.
E. Purposesand Objectives
The purposes and objectives of the Organization as stipulated in Article 1 of the Statutes is as under:
- To serve as an advisory body to its Member States in the field of international law and as a forum for Asian-African co-operation in legal matters of common concern;
- To consider and deliberate on issues related to international law that may be referred to the Organization by the Member States and to make such recommendations to governments as deemed necessary;
- To exchange views, experiences and information on matters of common concern having legal implications and to make recommendations thereto if deemed necessary;
- To communicate, with the consent of the governments of the Member States, the views of the Organization on matters of international law referred to it, to the United Nations, other institutions and international organizations;
- To examine subjects that are under consideration by the International Law Commission and to forward the views of the Organization to the Commission; to consider the reports of the Commission and to make recommendations thereon, wherever necessary, the Member States; and
- To undertake, with the consent of/or at the request of Member States, such activities as may be deemed appropriate for the fulfillment of the functions and purposes of the Organization.
- The basic functions and purposes of the Organization as enlisted above give effect to the way in which subjects/topics were considered by the Organization and formed over the years the Work Programme of AALCO. Thus, there are three ways in which a matter is placed on the Work Programme of AALCO: (a) reference by a Member State; (b) Suo-moto initiative of the Secretary-General; and (c) Follow-up of the work of the International Law Commission. In order to carry out these basic functions and purposes of the Organization, the Secretariat prepares a study on the topic, which forms the background material for deliberations at the Annual Sessions.
F. Annual Sessions of the Organization
The plenary organ of the AALCO is its Annual Session (Article 4 of the Statutes) and in the international law circles, all over the world, is known for the balanced nature of the items on the agenda as well as the deliberations. The Annual Sessions are usually hosted by one of the AALCO Member State, on the basis as far as possible by rotation. High-level representatives of the Governments of Member States attend these Annual Sessions. In addition, many Observer delegations representing governments and international organizations from all regions also participate in the deliberations. The Organization has been able to forge close links with the International Court of Justice [The Hague] and International Law Commission [Geneva] over the years it has become a regular practice that some of the judges of the ICJ and members of ILC actively participate Organization’s Annual Sessions. Till date, forty-fourth such Annual Sessions have taken place.
The Organization has been examining international law matters, which are before the United Nations and specifically the International Law Commission and the Sixth Committee of the General Assembly. Various topics covered over the years include: (The topics in Italics are on the current work programme of the Organization)
(i) Topics on the agenda of the International Law Commission
(ii) International Economic Trade Law and related Matters
- Immunities of States in respect of commercial transactions
- Preparation of Standard/Model Contracts for use in international commodity transactions
- Model bilateral agreements on promotion and protection of investments
- Legal guidelines for privatization programs
- Settlement of international commercial disputes
- Electronic Commerce
- WTO as an Agreement and a Code of Conduct for World Trade
- Expressions of Folklore and its International Protection
- Work of UNCITRAL and other International Organizations in the field of International Trade Law
(iii) Law of Treaties
- Vienna Convention on the Law of Treaties, 1969
- Vienna Convention on the Succession of States in Respect of Treaties, 1978
- Work relating to the Law of Treaties between States and International Organizations, 1986
(iv) Diplomatic Law
- The Vienna Convention on Diplomatic Relations, 1961
- The Vienna Convention on Consular Relations
- The Convention on Special Mission, 1969
- The Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character, 1975
(v) Oceans and Law of the Sea
- Follow-up of developments on Oceans and the Law of the Sea
- International Sea-Bed Authority
- International Tribunal for the Law of the Sea
- Commission on the Limits of the Continental Shelf
(vi) Human Rights, Refugees and International Humanitarian Law
- Status and treatment of refugees
- Bangkok Principles on the Status and Treatment of Refugees
- Deportation of Palestinians and Other Israeli Practices Among them the Massive Immigration and Settlement of Jews in all Occupied Territories in Violation of International Law Particularly the Fourth Geneva Conventions of 1949
- World Conference on Human Rights, Vienna, 1993
- Human Rights in Islam
- Legal Protection of Migrant Workers
- Geneva Conventions of 1949 and Additional Protocols to the Conventions
- Establishing Cooperation against trafficking in women and children
(vii) Environment and Sustainable Development
- United Nations Conference on Environment and Development, 1992
- World Summit on Sustainable Development, 2002
- United Nations Framework Convention on Climate Change, 1992
- Convention on Biological Diversity, 1992
- Convention to Combat Desertification, 1994
( viii ) International Criminal Law
- International Criminal Court: Recent Developments
- International Corruption
- Transnational Organized Crime
- International Terrorism
(ix) Other Topics
- United Nations Decade of International Law
- Status and Treatment of Aliens
- Dual or Multiple Nationality
- Legality of Nuclear Tests
- Mutual Co-operation on Judicial Assistance
- Extra territorial Application of National Legislation: Sanctions Imposed AgainstThird Parties
- Jurisdictional Immunities of States and their Property
From the above list it can be discerned that AALCO has considered diverse topics, as also the importance given to contemporary concerns of international law of particular concern to Asian-African States. International trade law and environmental law matters had over the years an important place in the deliberations at AALCO’s Annual Sessions.
G. Permanent Headquarters of the AALCO
Pursuant to the Headquarters Agreement between the Government of India and AALCO which was signed on 26 April 2000, New Delhi is the seat of the Permanent Headquarters of AALCO (Article 2(1) of the Statutes). The Government of India has offered a plot of land in the diplomatic enclave in Chanakyapuri and a grant of US$ 1.5 million for the construction of AALCO’s Headquarter building and the residence of the Secretary-General. The construction is expected to be complete by 2006.
H. Secretariat
The Secretariat of the Organization is located at its Permanent Headquarters in New Delhi and is headed by an elected Secretary-General (Article 3 of the Statutes). The present Secretary-General Professor Dr. Rahmat Mohamad is from Malaysia. Deputy Secretaries-General and Assistant Secretaries-General who are senior officers of Member Governments sent on secondment assist the Secretary-General. Presently, the Governments of People’s Republic of China, Islamic Republic of Iran, and Japan have deputed their Senior Officials to the Secretariat. The regular staff of the Secretariat includes officials in professional and administrative categories. The Organization also maintains Permanent Observer Missions to the United Nations at New York and Vienna.
I. Co-operation with the United Nations, its Agencies and other International Organizations
The AALCO’s activities have been broadened from time to time to keep pace with the needs and requirements of its Member Governments and this has been especially so in recent years in the fields of international trade law matters and economic relations. The AALCO, as the only organization at inter-governmental level embracing the two continents of Asia and Africa, has also oriented its activities to complement the work of the United Nations in several areas. In the light of the Organization’s growing status and functions, the General Assembly by a Resolution, adopted at its thirty-fifth Session in 1980 decided to accord AALCO Permanent Observer Status at the United Nations. Following that, an item on “Co-operation between the United Nations and the Asian-African Legal Consultative Organization” is placed biannually on the agenda of the General Assembly. The Organization has established close relations with the United Nations, its Agencies and several intergovernmental Organizations and concluded formal co-operation Agreements with many of them (Article 6 of the Statutes). These include: United Nations (UN), International Maritime Organization (IMO), United Nations Environment Programme (UNEP), United Nations Industrial Development Organization (UNIDO), International Atomic Energy Agency (IAEA), World Intellectual Property Organization (WIPO), United Nations High Commissioner for Refugees (UNHCR), United Nations University (UNU), United Nations Institute for Training and Research (UNITAR), Office of the United Nations High Commissioner for Human Rights (OHCHR), International Organization for Migration (IOM), International Committee of the Red Cross (ICRC), League of Arab States, Commonwealth Secretariat, Council of Europe, and the Organization of African Unity (OAU) now termed as the African Union (AU). These agreements provide for mutual consultation, exchange of documentation, representation and organization of joint meetings.
It may be emphasized that these co-operation agreements provide very useful basis for organizing joint meetings and seminars on topics of mutual interest with these Organizations. They provide the funds for the participation of the resource persons and experts, who enrich the deliberations at the AALCO meetings.
Every year, a Meeting of AALCO’s Legal Advisers is convened in New York, during the General Assembly Session. Legal Advisers of Non-member States and representatives of United Nations and its Agencies also attend this Meeting.
J. Finances
The Organization’s finances are met primarily from three sources, namely (i) the annual budget to which contributions are made by all Member States; (ii) voluntary contributions including contribution in the form of deputation of officers; and (iii) special budget for specific purpose such as for the Arabic Division.
All members are committed to contribute towards the annual budget, which is shared on the basis of an agreed formula. The contributions based are on a scale related to the economic situation of each Member State. The Member States from Arabic speaking countries also make an additional contribution towards the Arabic budget, which goes towards translation of documents into Arabic and for interpretation during the Annual Session. All other contributions are on a voluntary basis. Since the last two sessions i.e. the 42nd and 43rd held in Seoul (Republic of Korea) and Bali (Republic of Indonesia) respectively, French interpretation has been introduced for the benefit of French speaking countries from the African region. The cost for the French interpretation is usually borne by the Host Governments.
K. AALCO’s Regional Arbitration Centres
One of the major achievements of AALCO in its programme in the economic field was the launching of its Integrated Scheme for Settlement of Disputes in the Economic and Commercial Transactions in 1978. Pursuant to that Scheme, it was decided to establish Regional Arbitration Centres under the auspices of AALCO, which would function as international institutions with the objectives to promote international commercial arbitration in the Asian-African regions and provide for conducting international arbitrations under these Centres.
Four such Centres have been established so far, which are located at Cairo (Arab Republic of Egypt), Kuala Lumpur (Malaysia), Lagos (Nigeria) and Tehran (Islamic Republic of Iran). The respective hosts Governments recognize their independent status like an international organization and have accorded privileges and immunities to these Centres.
AALCO provides its expertise and assistance to its Member States in the appointment of arbitrators and other matters related to the conduct of arbitration. Its centers provide the opportunities for training of arbitrators as well. TheDirectors of the Centres present their reports on the functioning of the Centres at the Annual Sessions.
L. Training Facility
AALCO Secretariat provides facilities for training of officials from the Member States engaged in international law matters. It can be through short-term attachment with the Secretariat or participating in the training course organized by the Secretariat. At AALCO’s 41st Session held in Abuja in July 2002, it was decided to rename the Data Collection Unit in the Secretariat as the Centre for Research and Training. The activities of the Centre besides research on international law matters include expanding the training facilities in the Secretariat with a view to disseminate information on its activities and the recent developments in international law, AALCO’s website has been greatly improved. All important documents and reports of AALCO have been placed on its website: http://www.aalco.int it also provides links with the United Nations and other international organizations engaged in international law matters.
M. Legal Assistance
AALCO is committed to extend to its Member States legal assistance in drafting Model Legislations or draft Constitutions or Bilateral Agreements upon the request of any Member States.
N. Publications
The Secretariat publishes reports of AALCO’s Annual Sessions and Seminars and other meetings convened under its auspices from time to time. The first issue of the “Yearbook of the Asian-African Legal Consultative Organization” was brought out in 2004, in a different form and format. It maintains continuity with the earlier editions of the Report. In addition, it brings out a Bulletin twice a year, which besides reporting on AALCO’s activities also contains information on the recent developments in the field of international law. It is proposed that from this year onwards a Newsletter will also be published once a month.