Objective: To accomplish the institutional reforms required by the transformation of the Southern African Coordination Conference (SADCC) into the Southern African Development Community (SADC).
Summary of provisions: Article 4 sets out the principles which are to guide the actions of the SADC and its Member States including human rights, democracy and the rule of law, solidarity, peace and security as well as equity, balance and mutual benefit. The objectives of the SADC are, inter alia, to achieve sustainable utilisation of resources and effective protection of the environment (art. 5.1). Article 6 establishes the General Undertakings of Member States including the adoption of adequate measures to promote the achievement of the objectives of the SADC and non- discrimination against any person or any Member State. Member States undertake to cooperate in all areas necessary to foster regional development and integration on the basis of balance, equity and mutual benefit (art.21) and to cooperate in certain areas e.g. natural resources and the environment (art.21.3 f) Parties further agree to seek to involve fully the people of the Region and key stakeholders (including the private sector, civil society and non-governmental organisations) in the process of regional integration (art. 23).
Institutional mechanisms: A number of institutions (8) are established by article 9 including a Summit of Heads of State or Government, Organ on Politics, Defence and Security Co-operation, Council of Ministers, a Secretariat, a Tribunal and SADC National Committees. The Summit composed of the Heads of State or Government of all Member States is to constitute the supreme policy-making institution of SADC (art.10). Articles 10-16A detail the functions of each institution. The SADC is to be responsible for the mobilisation of its own and other resources required for the implementation of the programmes and projects (art. 25). A Regional Development Fund is also established (art.26A) for expenditures related to the development of the SADC. Any dispute arising inter alia from the interpretation or application of this Treaty, protocols or other subsidiary instruments made under this Treaty are to be referred to the Tribunal (art. 32). Sanctions may be imposed against any Member State that persistently fails, without good reason, to fulfil obligations assumed under this Treaty (art. 33.1)
(Source: IUCN ELC, 08.2005)