Historical Overview

The Asian-African Legal Consultative Organisation (AALCO) celebrated its Golden Jubilee in the year 2006. The Organisation has come a long way since its establishment in 1956, from its initial small, but vibrant group of seven founding countries, the leaders of Non-Aligned Movement(NAM), to a strong bond of forty-seven countries today. The Organisation is the tangible outcome of the historic Bandung Conference, held in Indonesia in April 1955, and was originally known as the Asian Legal Consultative Committee (ALCC), which comprised the Governments of Burma (now Myanmar), Ceylon (now Sri Lanka), India, Indonesia, Iraq, Japan, and United Arab Republic (now Arab Republic of Egypt and Syrian Arab Republic). In addition to the founding countries, AALCO Member States constitute of Bahrain, Bangladesh, Botswana, Brunei Darussalam, People’s Republic of China, Cyprus, Democratic People’s Republic of Korea, Gambia, Ghana, Islamic Republic of Iran, Jordan, Kenya, Kuwait, Lebanon, Libya, Malaysia, Mauritius, Mongolia, Nepal, Nigeria, Oman, Pakistan, Qatar, Republic of Cameroon, Republic of Korea, Republic of Yemen, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, South Africa, State of Palestine, Sudan, Tanzania, Thailand, Turkey, Uganda, and the United Arab Emirates. The Bandung Conference, popularly known as the Asian-African Relations Conference 1955, has been also the initiator for the NAM since it spread the spirit of solidarity, friendship and cooperation among the then newly independent States from Asian and African continents to stand united against the pressures of the major powers, maintaining their independence and opposing colonialism and neo-colonialism, especially western domination. The key objective of establishing ALCC was to serve as an advisory body of legal experts, to deal with the problems referred to it by its Member States, and to help in exchange of views and information on matters of common concern among the participating countries. Later, in Cairo Session (1958), in order to include participation of countries of the continent of Africa, the name was changed to Asian-African Legal Consultative Committee (AALCC). It enjoys the status of an Inter-governmental organisation since its inception.

The organisation gained its status as a permanent body during the Colombo Session (1981). At the New Delhi (Headquarters) session in 2001, recognising its growing stature and status its status was raised to a full fledged organisation and was renamed Asian-African Legal Consultative Organisation (AALCO) from Committee. The Organisation officially came into existence on 15 November 1956 and therefore it observes the day as its Constitution Day every year.

Purposes and Objective

The organisation’s primary purpose is to serve its Member States in the field of international law and legal matters that are of common concern to its Member States having legal implications, besides being a forum for Asian-African cooperation for exchanging their views, experiences, and information.

The purpose of establishing AALCO in 1955 was to serve as a forum for the Asian and African countries that would address their concerns as Third World at the international law making. This objective could be evident when one would go through the history of negotiations of the Vienna Convention on the Law of Treaties, 1969; United Nations Convention on the Law of the Sea, 1982, etc. Furthermore, this has been reiterated in the Statutes of the AALCO, which says that the organisation was to communicate on the matters of international law to the United Nations, other institutions and international organisations. The organisation was also supposed to carefully examine the subjects that are under the consideration of the International Law Commission (ILC) and forward the views of the organisation to the ILC. Hence, the significance of the AALCO in this regard is very relevant as it serves as the voice and forum of the Third World.

Structure and Activities

The structure of the organisation comprises of (i) Annual Sessions, (ii) Liaison Officers Meeting, and (iii) Secretariat. At the annual session, all the decisions concerning the organisation are taken by the majority consensus among the Member States. Hence, it is considered as the plenary organ of the organisation.

i. Annual Sessions: Highest Decision-Making Body

AALCO conducts Annual Sessions for its Member States, which is the plenary organ of the organisation. The Annual sessions of AALCO is headed by Ministers, Attorney General and High-level representatives of the government at the plenary organ of AALCO and is regarded in the international law circles, as a balanced nature of the items on the agenda as well as the deliberations. At the annual session, decision-making at the international level occurs. The Annual Sessions are usually hosted by one of the AALCO Member States, on the rotational basis between Asian and African region. It also witnesses participation from observer delegation of the Governments of Member States. The organisation’s close links with the International Court of Justice (The Hague), International Law Commission (Geneva), International Tribunal on the Law of the Sea (ITLOS), and the International Criminal Court (ICC) over the years, have ensured their regular and active participation of their judges or members in the organisation’s Annual Sessions. Till date, forty-six such Annual Sessions have taken place.

AALCO also organises a meeting for its Legal Advisers on the sidelines of the annual UN General Assembly Session in New York. The bimonthly Liaison Officers Meeting at the Headquarters serves as a coordinating mechanism between the Member States and the Secretariat and steers the AALCO’s activities.

The organisation has been examining international law issues, which are considered and deliberated before the United Nations and specifically the International Law Commission and the Sixth Committee of the General Assembly. It also organises AALCO-ILC joint meeting that strengthens the relationship between these two institutions. Since its inception, it has worked on a wide range of areas of international law which includes law of diplomatic relations, extradition law, treatment of foreign nationals, state immunity and commercial transactions, issues on the law of the sea, Indian Ocean as a zone of peace, dual citizenship, ionospheric sovereignty, divorce laws, free legal aid, ILC’s continuing agenda items, legality of nuclear tests, conflict of laws in international sales, double tax avoidance, law of treaties, Afro-Asian view of the UN Charter, Vienna Conventions of Diplomatic and Consular Relations, Convention on Civil Liability for Nuclear Damage, law of outer space, principles of peaceful coexistence, law of international rivers, South-West Africa cases, uniform transport law, legal advisory services in foreign offices, environmental law, territorial asylum, succession of states in respect of treaties, reciprocal assistance in respect of economic offences, issues of international trade law, regional cooperation and New International Economic Order, legal framework for joint ventures in industrial sector, mutual assistance in criminal matters, debt relief and so on.

The current work-programme of the organisation includes the following topics:

• Work of the International Law Commission.

• Law of the Sea.

• Status and Treatment of Refugees.

• Deportation of Palestinians and Other Israeli Practices Among Them; Massive Immigration and Settlement of Jews in all Occupied Territories in Violation of International Law Particularly the Fourth Geneva Conventions of 1949.

• Legal Protection of Migrant Workers.

• Extra-territorial Application of National Legislation: Sanctions Imposed Against Third Parties.

• International Terrorism.

• Establishing Cooperation against Trafficking in Women and Children.

• International Criminal Court: Recent Developments.

• Environment and Sustainable Development.

• An Effective International Instrument Against Corruption.

• Work of UNCITRAL and other International Organisations in the field of International Trade Law.

• WTO as an Agreement and a Code of Conduct for World Trade.

• Expressions of Folklore and its International Protection.

• Human Rights in Islam.

Commemoration of Golden Jubilee Year

As part of commemorating the Golden Jubilee Year, the Forty-Fifth Annual Session in 2006 was hosted at the Headquarters. The session was inaugurated by Bharadwaj, Union Minister for Law and Justice, Government of India. It was also a historic moment for the AALCO Member States as the new Permanent Headquarters Building of the AALCO was inaugurated by Hon’ble Mr. Anand Sharma, Minister of State for External Affairs, Government of India on 06 April 2006. The inauguration of the Permanent Headquarters is memorable in the history of AALCO since it depicts the organisation’s role in fulfilling its mandate to codify and contribute towards progressive development of international law along with strong faith and support it has mustered from its Member States. A one day Meeting of Experts on the “Emerging Issues on the UN Convention on the Law of the Sea” was organised on 24 November 2006, in New Delhi as culmination of the year-long Golden Jubilee celebrations. Moreover, in commemoration of fifty years of AALCO, a book Fifty Years of AALCO Commemorative Essays in International Law consisting of well researched articles on AALCO’s contribution towards codification and progressive development of International Law in the past fifty years by various experts and scholars across the Asian-African continent was also released at the 46th Annual Session at Cape Town, South Africa.

ii. Liaison Officers: Executive Council

Liaison Officers, nominated by the diplomatic missions of Member States located in New Delhi, represent their Governments, during the interval between the two Sessions at the Permanent Headquarters of the organisation. As mandated by the Statutory Rules, Member States nominate officers, preferably one with legal experience, for participation in the Meeting of Liaison Officers. As a practice, they are usually diplomats at their missions in New Delhi. The Liaison Officers normally meet once every two months.

The Liaison Officers of the Member States to AALCO function as the link between the organisation and their governments and generally depart the functions of Executive Council by playing a pivotal role in decision making at the secretariat for the preparations for the Annual Sessions along with other major decisions. They constitute an important body at the meeting they represent their governments and put forth various suggestions on behalf of their governments.

iii. Secretariat: Implementing Agency

Over the past fifty years, the Member States have commended the Secretariat’s performance for faithfully and meticulously discharging the mandate entrusted upon it by them. The mandate of the Secretariat is to implement the decisions taken at the plenary organ, that is, the annual sessions. The Secretariat’s primary function is its responsibility for the day-to-day functioning of the organisation. This includes preparation of technical studies and documentation, provision of advisory services to the governments of the Member States, organisation of training programmes for legal officers of the Member States, and maintaining the necessary cooperation with the UN, its agencies and other regional and universal inter-governmental organisations in fulfilling the organisation’s objectives as an advisory body to its member governments in the field of international law, as well as a forum for Asian-African cooperation in legal matters of common concern.

The AALCO Secretariat is headed by a Secretary-General elected by the Member States. A national of a Member State who is a legal expert or having adequate legal expertise and administrative experience is eligible for such an appointment. The term of the Secretary-General is for four years. He is assisted by Deputy Secretaries-General and Assistant Secretaries-General seconded by the Member Governments. The Secretary-General is the Chief Executive of the organisation. He acts on behalf of the organisation in all correspondence, and in the implementation of all decisions taken by the organisation. He also performs such other administrative duties necessary for the effective functioning of the organisation.

The present Secretary-General is Amb. Dr Wafik Z Kamil, who holds the rank of an Ambassador in the Ministry of Foreign Affairs, Government of the Arabic Republic of Egypt was elected unanimously at the 39th Session (Cairo, 2000). He was unanimously re-elected for a second term at the 43rd Session (Seoul, 2003). The organisation has been privileged since its inception to be led by able, dedicated and energetic Secretary-Generals.

The first Secretary-General of the organisation was B Sen (1956-1987, India), succeeded by Frank X Njenga (1998-94, Kenya), Tang Chengyuan (1994-2000, People’s Republic of China) and Amb Dr Wafik Z Kamil (2000 onwards, Arab Republic of Egypt). The International Category Officers deputed by the Member Governments who are working at the Secretariat currently are Dr Xu Jie, Deputy Secretary-General seconded by the People’s Republic of China and Amb Mr S R Tabatabaei Shafiei, Deputy Secretary-General seconded by the Government of the Islamic Republic of Iran.

The secretariat staff consists of different categories, such as, Director, Senior Legal Officers, and Legal Officers in the professional category along with Administrative and Supporting staff. The prganisation also maintains permanent observer mission to the UN at New York, Vienna, and Geneva

Cooperation with the UN, its Agencies and other International Organisations

The AALCO’s activities have been broadened from time to time to accommodate the changing needs and requirements of its Member States and this is evident as one glance through the agenda items of the organisation. Its wide range of topics on Agenda/Work Programme is well equipped to incorporate the advancements and changing gamut of international law and hence fulfill its obligations to adequately support and furnish its Member States by researching on such topics of recent developments. The topics on international trade law matters and economic relations are classic examples of the same. The AALCO, as the only organisation 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 Organisation’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 UN. Following that, an item on “Cooperation between the UN and the Asian-African Legal Consultative Organisation” is placed biennially on the agenda of the General Assembly.

The organisation has established close relations with the UN, its Agencies and several intergovernmental organisations and concluded formal co-operation Agreements with many of them (Article 6 of the Statutes). These include: United Nations (UN), International Maritime Organisation (IMO), United Nations Environment Programme (UNEP), United Nations Industrial Development Organisation (UNIDO), International Atomic Energy Agency (IAEA), World Intellectual Property Organisation (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 Organisation for Migration (IOM), International Committee of the Red Cross (ICRC), League of Arab States, Commonwealth Secretariat, Council of Europe, and the Organisation of African Unity (OAU) now termed as the African Union (AU). These agreements provide for mutual consultation, exchange of documentation, representation and organisation of joint meetings. It may be emphasized that these cooperation agreements provide very useful basis for organising joint meetings and seminars on topics of mutual interest with these organisations.

The organisation, in cooperation with some of the major international organisations, has conducted inter-sessional workshops, meetings and seminars during its annual session and otherwise too.

Regional Arbitration Centres

One of the major achievements of AALCO in its programme in the international economic law area was of launching the 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. Five such centres have been established so far, which are located at Cairo (Arab Republic of Egypt), Kuala Lumpur (Malaysia), Lagos (Nigeria), Tehran (Islamic Republic of Iran), and Nairobi (Kenya). The respective host governments recognise their independent status like an international organisation 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. The directors of the centres present their reports on the functioning of the centres at the Annual Sessions.

Centre for Research and Training

The Centre for Research and Training carries out research on international law matters and brings out special studies on topics of contemporary relevance. With a view to disseminate information on its activities and the recent developments in international law, the centre maintains and continuously updates the AALCO’s website which also provides links with the UN and other international organisations engaged in international law matters.

The Centre 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 organised by the secretariat. 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.

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 Yearbook of the Asian-African Legal Consultative Organisation was brought out in 2004, and is now in the fourth year of its publication. It maintains continuity with the earlier editions of the Report. In addition, it brings out a journal entitled AALCO Quarterly Bulletin, which contains well-researched articles, besides reporting on AALCO’s activities and also contains information on the recent developments in the field of international law. To continuously inform the Member States about the activities of the organisation, the Secretariat initiated in September 2004 the publication of a monthly Newsletter. The Secretariat also regularly brings out Special Studies on topics of contemporary relevance in International law. The Centre in pursuance of its mandate to conduct in-depth research on topics of international law published four studies recently, namely: “The Concept of International Terrorism”, “Rights and Obligations under United Nations Convention Against Corruption”, “Special and Differential Treatment under WTO Agreements”; and “Combating Corruption: A Legal Analysis”.

Permanent Headquarters/Seat of the Organisation

At the first session of the then ALCC, it was decided and agreed upon by the Member States that the Seat of the organisation shall be in New Delhi, India. This mandate attained its fullness on 26 April 2000, when Headquarters Agreement was signed between the Government of India and AALCO. The Government of India has magnanimously gifted to the organisation its Permanent Headquarters Building and the residence of the Secretary-General in the prestigious Chanakyapuri diplomatic area of New Delhi. The construction is complete pending certain technicalities and the Secretariat is expected to be soon functioning from the Permanent Headquarters. The contribution of the Government of India is commendable for hosting the organisation with its Permanent Headquarters Building. The Permanent Headquarters building is well equipped with state-of-art technologies and facilities.

This organisation stands high and unique as it unites two continents and reverberate solidarity among them towards achieving common concern by becoming a forum for addressing their interests, concerns and needs. Besides this, the organisation has been able to carry forward the ‘Spirit of Bandung’ in same vigor as it existed during its inception.