|
Assembly
of the African Union, First Ordinary
Session: Protocol
Relating to the Establishment of the Peace and
Security Council of the African Union
9
July, 2002
Durban, South Africa
We, the Heads of State and
Government of the Member States of the African Union;
CONSIDERING the Constitutive Act of
the African Union and the Treaty establishing the African
Economic Community, as well as the Charter of the United
Nations;
Recalling the Declaration on the
establishment, within the Organization of African Unity (OAU),
of a Mechanism for Conflict Prevention, Management and
Resolution, adopted by the 29th Ordinary
Session of the Assembly of Heads of State and Government
of the OAU, held in Cairo, Egypt, from 28 to 30 June 1993;
Recalling also Decision AHG/Dec.160
(XXXVII) adopted by the 37th Ordinary Session
of the Assembly of Heads of State and Government of the
OAU, held in Lusaka, Zambia, from 9 to 11 July 2001, by
which the Assembly decided to incorporate the Central
Organ of the OAU Mechanism for Conflict Prevention,
Management and Resolution as one of the organs of the
Union, in accordance with Article 5(2) of the Constitutive
Act of the African Union, and, in the regard, requested
the Secretary-General to undertake a review of the
structures, procedures and working methods of the Central
Organ, including the possibility of changing its name;
Mindful of the provisions of the
Charter of the United Nations, conferring on the Security
Council primary responsibility for the maintenance of
international peace and security, as well as the
provisions of the Charter on the role of regional
arrangements or agencies in the maintenance of
international peace and security, and the need to forge
closer cooperation and partnership between the United
Nations, other international organizations and the African
Union, in the promotion and maintenance of peace, security
and stability in Africa;
Acknowledging the contribution of
African Regional Mechanisms for Conflict Prevention,
Management and Resolution in the maintenance and promotion
of peace, security and stability on the Continent and the
need to develop formal coordination and cooperation
arrangements between these Regional Mechanisms and the
African Union;
Recalling Decisions AHG/Dec.141 (XXXV)
and AHG/Dec.142 (XXXV) on Unconstitutional Changes of
Government, adopted by the 35th Ordinary
Session of the Assembly of Heads of State and Government
of the OAU held in Algiers, Algeria, from 12 to 14 July
1999, and Declaration AHG/Decl.5 (XXXVI) on the Framework
for an OAU Response to Unconstitutional Changes of
Government, adopted by the 36th Ordinary
Session of the Assembly of Heads of State and Government
of the OAU, held in Lomé, Togo, from 10 to 12 July 2000;
Reaffirming our commitment to
Solemn Declaration AHG/Decl.4 (XXXVI) on the Conference on
Security, Stability, Development and Cooperation in Africa
(CSSDCA), adopted by the 36th Ordinary Session
of the Assembly of Heads of State and Government of the
OAU, held in Lomé, Togo, from 10 to 12 July 2000, as well
as Declaration AHG/Decl.1 (XXXVII) on the New Partnership
for Africa's Development (NEPAD), which was adopted
by the 37th Ordinary Session of the Assembly of
Heads of State and Government of the OAU, held in Lusaka,
Zambia, from 9 to 11 July 2001,;
AFFIRMING our further commitment to
Declaration AHG/Decl.2 (XXX) on the Code of Conduct for
Inter-African Relations, adopted by the 30th
Ordinary Session of the Assembly of Heads of State and
Government of the OAU, held in Tunis, Tunisia, from 13 to
15 June 1994, as well as the Convention on the Prevention
and Combating of Terrorism, adopted by the 35th
Ordinary Session of the Assembly of Heads of State and
Government of the OAU held in Algiers, Algeria, from 12 to
14 July 1999;
Concerned about the continued
prevalence of armed conflicts in Africa and the fact that
no single internal factor has contributed more to
socio-economic decline on the Continent and the suffering
of the civilian population than the scourge of conflicts
within and between our States;
concerned Also by the fact
that conflicts have forced millions of our people,
including women and children, into a drifting life as
refugees and internally displaced persons, deprived of
their means of livelihood, human dignity and hope;
concerned further about the scourge
of landmines in the Continent and RECALLING, in
this respect, the Plan of Action on a Landmine Free
Africa, adopted by the 1st Continental
Conference of African Experts on Anti-Personnel Mines,
held in Kempton Park, South Africa, from 17 to 19 May
1997, and endorsed by the 66th Ordinary Session
of the OAU Council of Ministers, held in Harare, Zimbabwe,
from 26 to 30 May 1997, as well as subsequent decisions
adopted by the OAU on this issue;
CONCERNED ALSO about the impact of
the illicit proliferation, circulation and trafficking of
small arms and light weapons in threatening peace and
security in Africa and undermining efforts to improve the
living standards of African peoples and RECALLING,
in this respect, the Declaration on the Common African
Position on the Illicit Proliferation, Circulation and
Trafficking of Small Arms and Light Weapons, adopted by
the OAU Ministerial Conference held in Bamako, Mali, from
30 November to 1 December 2000, as well as all subsequent
OAU decisions on this issue;
AWARE that the problems caused by
landmines and the illicit proliferation, circulation and
trafficking of small arms and light weapons constitute a
serious impediment to Africa's social and economic
development, and that they can only be resolved within the
framework of increased and well coordinated continental
cooperation;
Aware ALSO of the fact that the
development of strong democratic institutions and culture,
observance of human rights and the rule of law, as well as
the implementation of post-conflict recovery programmes
and sustainable development policies, are essential for
the promotion of collective security, durable peace and
stability, as well as for the prevention of conflicts;
Determined to enhance our capacity
to address the scourge of conflicts on the
Continent and to ensure that Africa, through the African
Union, plays a central role in bringing about peace,
security and stability on the Continent;
Desirous of establishing an
operational structure for the effective implementation of
the decisions taken in the areas of conflict prevention,
peace-making, peace support operations and intervention,
as well as peace-building and post-conflict
reconstruction, in accordance with the authority conferred
in that regard by Article 5(2) of the Constitutive Act of
the African Union;
Hereby agree on the following:
Top
of Page
ARTICLE 1
DEFINITIONS
For the purpose of this Protocol:
- "Protocol" shall mean the present
Protocol;
- "Cairo Declaration" shall mean the
Declaration on the Establishment, within the OAU, of
the Mechanism for Conflict Prevention, Management and
Resolution;
- "Lomé Declaration" shall mean the
Declaration on the Framework for an OAU Response to
Unconstitutional Changes of Government;
- "Constitutive Act" shall mean the
Constitutive Act of the African Union;
- "Union" shall mean the African Union;
- "Assembly" shall mean the Assembly of
Heads of State and Government of the African Union;
- "
Commission"
shall mean the Commission of the African Union;
- "Regional Mechanisms" shall mean the
African Regional Mechanisms for Conflict Prevention,
Management and Resolution;
- "Member States" shall mean Member States
of the African Union.
Top
of Page
Article 2
Establishment, Nature and structure
- There is hereby established, pursuant to Article 5(2)
of the Constitutive Act, a Peace and Security Council
within the Union, as a standing decision-making organ
for the prevention, management and resolution of
conflicts. The Peace and Security Council shall be a
collective security and early-warning arrangement to
facilitate timely and efficient response to conflict and
crisis situations in Africa.
- The Peace and Security Council shall be supported by
the Commission, a Panel of the Wise, a Continental Early
Warning System, an African Standby Force and a Special
Fund.
Top
of Page
Article 3
Objectives
The objectives for which the Peace and
Security Council is established shall be to:
- promote peace, security and stability in Africa, in
order to guarantee the protection and preservation of
life and property, the well-being of the African
people and their environment, as well as the creation
of conditions conducive to sustainable development;
- anticipate and prevent conflicts. In circumstances
where conflicts have occurred, the Peace and Security
Council shall have the responsibility to undertake
peace-making and peace-building functions for the
resolution of these conflicts;
c. promote and implement
peace-building and post-conflict reconstruction
activities to consolidate peace and prevent the
resurgence of violence;
d. co-ordinate and harmonize
continental efforts in the prevention and combating
of international terrorism in all its aspects;
e. develop a common defence
policy for the Union, in accordance with article
4(d) of the Constitutive Act;
f. promote and encourage
democratic practices, good governance and the rule
of law, protect human rights and fundamental
freedoms, respect for the sanctity of human
life and international humanitarian law, as
part of efforts for preventing conflicts.
Top
of Page
Article 4
Principles
The Peace and Security Council shall be
guided by the principles enshrined in the Constitutive
Act, the Charter of the United Nations and the Universal
Declaration of Human Rights. It shall, in particular, be
guided by the following principles:
- peaceful settlement of disputes and conflicts;
- early responses to contain crisis situations so as
to prevent them from developing into full-blown
conflicts;
- respect for the rule of law, fundamental human
rights and freedoms, the sanctity of human life and
international humanitarian law;
- interdependence between socio-economic development
and the security of peoples and States;
- respect for the sovereignty and territorial
integrity of Member States;
- non interference by any Member State in the
internal affairs of another;
- sovereign equality and interdependence of Member
States;
- inalienable right to independent existence;
- respect of borders inherited on achievement of
independence;
-
the right of the Union to
intervene in a Member State pursuant to a decision
of the Assembly in respect of grave circumstances,
namely war crimes, genocide and crimes against
humanity, in accordance with Article 4(h) of the
Constitutive Act;
-
the right of Member States
to request intervention from the Union in order to
restore peace and security, in accordance with
Article 4(j) of the Constitutive Act.
Top
of Page
Article 5
COMPOSITION
1. The Peace and Security Council shall
be composed of fifteen Members elected on the basis of
equal rights, in the following manner:
- ten Members elected for a term of two years; and
- five Members elected for a term of three years in
order to ensure continuity.
2. In electing the Members of the Peace
and Security Council, the Assembly shall apply the
principle of equitable regional representation and
rotation, and the following criteria with regard to each
prospective Member State:
-
commitment to uphold the principles of the Union;
contribution to the
promotion and maintenance of peace and security in
Africa – in this respect, experience in peace
support operations would be an added advantage;
capacity and commitment to
shoulder the responsibilities entailed in
membership;
participation in conflict
resolution, peace-making and peacebuilding at
regional and continental levels;
willingness and ability to
take up responsibility for regional and continental
conflict resolution initiatives;
contribution to the Peace Fund
and/or Special Fund created for specific purpose;
respect
for constitutional governance, in accordance with
the Lomé Declaration, as well as the rule of law
and human rights;
having sufficiently staffed
and equipped Permanent Missions at the Headquarters
of the Union and the United Nations, to be able to
shoulder the responsibilities which go with the
membership; and
commitment to honor financial obligations to the
Union.
3. A retiring Member of the Peace and
Security Council shall be eligible for immediate
re-election.
4. There shall be a periodic review by
the Assembly to assess the extent to which the Members of
the Peace and Security Council continue to meet the
requirements spelt out in article 5 (2) and to take action
as appropriate.
Top
of Page
ARTICLE 6
FUNCTIONS
The Peace and Security Council shall
perform functions in the following areas:
-
promotion of peace, security and stability in Africa;
early warning and preventive
diplomacy;
peace-making, including the
use of good offices, mediation,
conciliation and enquiry;
peace support operations and
intervention, pursuant to article 4 (h) and (j) of
the Constitutive Act;
peace-building and
post-conflict reconstruction;
humanitarian action and disaster management;
any other function as may be decided by the
Assembly.
Top
of Page
ARTICLE 7
POWERS
1. In conjunction with the Chairperson
of the Commission, the Peace and Security Council
shall:
-
anticipate and prevent
disputes and conflicts, as well as policies that may
lead to genocide and crimes against humanity;
-
undertake peace-making and
peace-building functions to resolve conflicts where
they have occurred;
-
authorize the mounting and
deployment of peace support missions;
lay down general guidelines for the conduct of
such missions, including the mandate thereof, and
undertake periodic reviews of these guidelines;
recommend to the Assembly,
pursuant to Article 4(h) of the Constitutive
Act, intervention, on behalf of the Union, in a
Member State in respect of grave circumstances,
namely war crimes, genocide and crimes against
humanity, as defined in relevant international
conventions and instruments;
approve the modalities for
intervention by the Union in a Member State,
following a decision by the Assembly, pursuant to
article 4(j) of the Constitutive Act;
institute sanctions
whenever an unconstitutional change of Government
takes place in a Member State, as provided for in
the Lomé Declaration;
implement the common defense
policy of the Union;
ensure
the implementation of the OAU Convention on the
Prevention and Combating of Terrorism and other
relevant international, continental and regional
conventions and instruments and harmonize and
coordinate efforts at regional and continental
levels to combat international terrorism;
promote close harmonization,
co-ordination and co-operation between Regional
Mechanisms and the Union in the promotion and
maintenance of peace, security and stability in
Africa;
promote and develop a strong
"partnership for peace and security"
between the Union and the United Nations and its
agencies, as well as with other relevant
international organizations;
develop policies and action
required to ensure that any external initiative in
the field of peace and security on the continent takes
place within the framework of the Union’s
objectives and priorities;
follow-up, within the
framework of its conflict prevention
responsibilities, the progress towards the promotion
of democratic practices, good governance, the rule
of law, protection of human rights and fundamental
freedoms, respect for the sanctity of human life and
international humanitarian law by Member States;
promote and encourage
the implementation of OAU/AU, UN and other
relevant international Conventions and Treaties on
arms control and disarmament;
examine and take such
appropriate action within its mandate in situations
where the national independence and sovereignty of a
Member State is threatened by acts of
aggression, including by mercenaries;
support and facilitate humanitarian action in
situations of armed conflicts or major natural
disasters;
submit, through its
Chairperson, regular reports to the Assembly on its
activities and the state of peace and security in
Africa; and
decide on any other issue
having implications for the maintenance of peace,
security and stability on the Continent and exercise
powers that may be delegated to it by the Assembly,
in accordance with Article 9 (2) of the Constitutive
Act.
2. The Member States agree that in
carrying out its duties under the present Protocol, the
Peace and Security Council acts on their behalf.
3. The Member States agree to accept
and implement the decisions of the Peace and Security
Council, in accordance with the Constitutive Act.
4. The Member States shall
extend full cooperation to, and facilitate action by the
Peace and Security Council for the prevention, management
and resolution of crises and conflicts, pursuant to the
duties entrusted to it under the present Protocol.
Top
of Page
ARTICLE 8
PROCEDURE
Organization and Meetings
1. The Peace and Security Council shall
be so organized as to be able to function continuously.
For this purpose, each Member of the Peace and Security
Council shall, at all times, be represented at the
Headquarters of the Union.
2. The Peace and Security Council shall
meet at the level of Permanent Representatives, Ministers
or Heads of State and Government. It shall convene as
often as required at the level of Permanent
Representatives, but at least twice a month. The Ministers
and the Heads of State and Government shall meet at least
once a year, respectively.
3. The meetings of the Peace and
Security Council shall be held at the Headquarters of the
Union.
4. In the event a Member State invites
the Peace and Security Council to meet in its country,
provided that two-thirds of the Peace and Security Council
members agree, that Member State shall defray the
additional expenses incurred by the Commission as a result
of the meeting being held outside the Headquarters of the
Union.
Subsidiary Bodies and Sub-Committees
5. The Peace and Security Council may
establish such subsidiary bodies as it deems necessary for
the performance of its functions. Such subsidiary bodies
may include ad hoc committees for mediation, conciliation
or enquiry, consisting of an individual State or group of
States. The Peace and Security Council shall also
seek such military, legal and other forms of expertise
as it may require for the performance of its functions.
Chairmanship
6. The
chair of the Peace and Security Council shall be held in
turn by the Members of the Peace and Security Council in
the alphabetical order of their names. Each Chairperson
shall hold office for one calendar month.
Agenda
7. The provisional agenda of the Peace
and Security Council shall be determined by the
Chairperson of the Peace and Security Council on the basis
of proposals submitted by the Chairperson of the
Commission and Member States. The inclusion of any item in
the provisional agenda may not be opposed by a Member
State.
Quorum
8. The number of Members required to
constitute a quorum shall be two- thirds of the total
membership of the Peace and Security Council.
Conduct of Business
9. The Peace and Security Council shall
hold closed meetings. Any Member of the Peace and Security
Council which is party to a conflict or a situation under
consideration by the Peace and Security Council shall not
participate either in the discussion or in the decision
making process relating to that conflict or situation.
Such Member shall be invited to present its case to the
Peace and Security Council as appropriate, and shall,
thereafter, withdraw from the proceedings.
10. The Peace and Security
Council may decide to hold open meetings. In this regard:
- any Member State which is not a Member of the
Peace and Security Council, if it is party to a
conflict or a situation under consideration by the
Peace and Security Council, shall be invited to
present its case as appropriate and shall
participate, without the right to vote, in the
discussion;
-
any Member State which is not a
Member of the Peace and Security Council may be
invited to participate, without the right to vote, in
the discussion of any question brought before the
Peace and Security Council whenever that Member State
considers that its interests are especially affected;
-
any Regional Mechanism,
international organization or civil society
organization involved and/or interested in a conflict
or a situation under consideration by the Peace and
Security Council may be invited to participate,
without the right to vote, in the discussion relating
to that conflict or situation.
11. The Peace and Security Council
may hold informal consultations with parties concerned
by or interested in a conflict or a situation under
its consideration, as well as with Regional
Mechanisms, international organizations and civil
society organizations as may be needed for the
discharge of its responsibilities.
Voting
12. Each Member of the Peace and
Security Council shall have one vote.
13. Decisions of the Peace
and Security Council shall generally be guided by the
principle of consensus. In cases where consensus
cannot be reached, the Peace and Security Council
shall adopt its decisions on procedural matters by a
simple majority, while decisions on all other matters
shall be made by a two-thirds majority vote of its
Members voting.
Rules of Procedure
14. The Peace and Security
Council shall submit its own rules of procedure,
including on the convening of its meetings, the
conduct of business, the publicity and records of
meetings and any other relevant aspect of its work,
for consideration and approval by the Assembly.
Top
of Page
ARTICLE 9
ENTRY POINTS AND MODALITIES FOR
ACTION
1. The Peace and Security Council shall take
initiatives and action it deems appropriate with
regard to situations of potential conflict, as
well as to those that have already developed into
full-blown conflicts. The Peace and Security
Council shall also take all measures that are
required in order to prevent a conflict for which
a settlement has already been reached from
escalating.
2. To that end, the Peace and Security
Council shall use its discretion to effect entry, whether
through the collective intervention of the Council itself,
or through its Chairperson and/or the Chairperson of the
Commission, the Panel of the Wise, and/or in collaboration
with the Regional Mechanisms.
Top
of Page
Article 10
The Role of the Chairperson of the
Commission
1. The Chairperson of the Commission
shall, under the authority of the Peace and Security
Council, and in consultation with all parties involved in
a conflict, deploy efforts and take all initiatives deemed
appropriate to prevent, manage and resolve conflicts.
2. To this end, the Chairperson of the
Commission:
- shall bring to the attention of the Peace and Security
Council any matter, which, in his/her opinion, may
threaten peace, security and stability in the Continent;
- may bring to the attention of the Panel of the Wise
any matter which, in his/her opinion, deserves their
attention;
- may, at his/her own initiative or when so
requested by the Peace and Security Council, use his/her
good offices, either personally or through special
envoys, special representatives, the Panel of the Wise
or the Regional Mechanisms, to prevent potential
conflicts, resolve actual conflicts and promote
peace-building and post-conflict reconstruction.
3. The Chairperson of the Commission
shall also:
- ensure the implementation and follow-up of the
decisions of the Peace and Security Council,
including mounting and deploying peace support
missions authorized by the Peace and Security
Council. In this respect, the Chairperson of the
Commission shall keep the Peace and Security
Council informed of developments relating to the
functioning of such missions. All problems likely to
affect the continued and effective functioning of
these missions shall be referred to the Peace and
Security Council, for its consideration and
appropriate action;
- ensure the implementation and follow-up of the
decisions taken by the Assembly in conformity with
Article 4 (h) and (j) of the Constitutive
Act;
- prepare comprehensive and periodic reports and
documents, as required, to enable the Peace Security
Council and its subsidiary bodies to perform their
functions effectively.
4. In the exercise of his/her functions
and powers, the Chairperson of the Commission shall be
assisted by the Commissioner in charge of Peace and
Security, who shall be responsible for the affairs of the
Peace and Security Council. The Chairperson of the
Commission shall rely on human and material resources
available at the Commission, for servicing and providing
support to the Peace and Security Council. In this regard,
a Peace and Security Council Secretariat shall be
established within the Directorate dealing with conflict
prevention, management and resolution.
Top
of Page
Article 11
Panel of the Wise
1. In order to support the efforts of
the Peace and Security Council and those of the
Chairperson of the Commission, particularly in the area of
conflict prevention, a Panel of the Wise shall be
established.
2. The Panel of the Wise shall
be composed of five highly respected African personalities
from various segments of society who have made
outstanding contribution to the cause of peace, security
and development on the continent. They shall be selected
by the Chairperson of the Commission after consultation
with the Member States concerned, on the basis of regional
representation and appointed by the Assembly to serve for
a period of three years.
3. The Panel of the Wise shall
advise the Peace and Security Council and the Chairperson
of the Commission on all issues pertaining to the
promotion, and maintenance of peace, security and
stability in Africa.
4. At the request of the Peace and
Security Council or the Chairperson of the
Commission, or at its own initiative, the Panel of
the Wise shall undertake such action deemed appropriate to
support the efforts of the Peace and Security Council and
those of the Chairperson of the Commission for the
prevention of conflicts, and to pronounce itself on issues
relating to the promotion and maintenance of peace,
security and stability in Africa.
5. The Panel of the Wise shall report
to the Peace and Security Council and, through the Peace
and Security Council, to the Assembly.
6. The Panel of the Wise shall meet as
may be required for the performance of its mandate. The
Panel of the Wise shall normally hold its meetings at the
Headquarters of the Union. In consultation with the
Chairperson of the Commission, the Panel of the Wise may
hold meetings at such places other than the Headquarters
of the Union.
7. The modalities for the functioning
of the Panel of the Wise shall be worked out by the
Chairperson of the Commission and approved by the Peace
and Security Council.
8. The allowances of members of the
Panel of the Wise shall be determined by the Chairperson
of the Commission in accordance with the Financial Rules
and Regulations of the Union.
Top
of Page
Article 12
Continental Early Warning System
1. In order to facilitate the
anticipation and prevention of conflicts, a Continental
Early Warning System to be known as the Early Warning
System shall be established.
2. The Early Warning System shall
consist of:
-
an observation and
monitoring centre, to be known as "The
Situation Room", located at the Conflict
Management Directorate of the Union, and
responsible for data collection and analysis on
the basis of an appropriate early warning
indicators module; and
-
observation and monitoring
units of the Regional Mechanisms to be linked
directly through appropriate means of
communications to the Situation Room, and which
shall collect and process data at their level and
transmit the same to the Situation Room.
3. The Commission shall also
collaborate with the United Nations, its agencies, other
relevant international organizations, research centers,
academic institutions and NGOs, to facilitate the
effective functioning of the Early Warning System.
4. The Early Warning System shall
develop an early warning module based on clearly defined
and accepted political, economic, social, military and
humanitarian indicators, which shall be used to analyze
developments within the continent and to recommend the
best course of action.
5. The Chairperson of the Commission
shall use the information gathered through the
Early Warning System timeously to advise the Peace and
Security Council on potential conflicts and threats to
peace and security in Africa and recommend the best course
of action. The Chairperson of the Commission shall also
use this information for the execution of the
responsibilities and functions entrusted to him/her under
the present Protocol.
6. The Member States shall commit
themselves to facilitate early action by the Peace and
Security Council and or the Chairperson of the Commission
based on early warning information.
7. The Chairperson of the Commission
shall, in consultation with Member States, the
Regional Mechanisms, the United Nations and other relevant
institutions, work out the practical details for the
establishment of the Early Warning System and take all the
steps required for its effective functioning.
Top
of Page
Article 13
african standby force
Composition
1. In order to enable the Peace and
Security Council perform its responsibilities with respect
to the deployment of peace support missions and
intervention pursuant to article 4 (h) and (j) of the
Constitutive Act, an African Standby Force shall be
established. Such Force shall be composed of standby
multidisciplinary contingents, with civilian and military
components in their countries of origin and ready for
rapid deployment at appropriate notice.
2. For that purpose, the Member States
shall take steps to establish standby contingents for
participation in peace support missions decided on by the
Peace and Security Council or intervention authorized
by the Assembly. The strength and types of such
contingents, their degree of readiness and general
location shall be determined in accordance with
established African Union Peace Support Standard Operating
Procedures (SOPs), and shall be subject to periodic
reviews depending on prevailing crisis and conflict
situations.
Mandate
3. The African Standby Force shall, inter
alia, perform functions in the following areas:
-
observation and monitoring
missions;
-
other types of peace support
missions;
-
intervention in a Member
State in respect of grave circumstances or at the
request of a Member State in order to restore peace
and security, in accordance with Article 4(h) and
(j) of the Constitutive Act;
-
preventive deployment in
order to prevent (i) a dispute or a conflict from
escalating, (ii) an ongoing violent conflict from
spreading to neighboring areas or States, and
(iii) the resurgence of violence after parties to
a conflict have reached an agreement.;
-
peace-building, including
post-conflict disarmament and demobilization;
-
humanitarian assistance to
alleviate the suffering of civilian population in
conflict areas and support efforts to address
major natural disasters; and
-
any other functions as may
be mandated by the Peace and Security Council or
the Assembly.
4. In undertaking these functions, the
African Standby Force shall, where appropriate, cooperate
with the United Nations and its Agencies, other relevant
international organizations and regional organizations, as
well as with national authorities and NGOs.
5. The detailed tasks of the African
Standby Force and its modus operandi for each authorized
mission shall be considered and approved by the Peace and
Security Council upon recommendation of the Commission.
Chain of Command
6. For each operation undertaken by the
African Standby Force, the Chairperson of the Commission
shall appoint a Special Representative and a Force
Commander, whose detailed roles and functions shall be
spelt out in appropriate directives, in accordance with
the Peace Support Standing Operating Procedures.
7. The Special Representative shall,
through appropriate channels, report to the Chairperson of
the Commission. The Force Commander shall report to the
Special Representative. Contingent Commanders shall report
to the Force Commander, while the civilian components
shall report to the Special Representative.
Military Staff Committee
8. There shall be established a
Military Staff Committee to advise and assist the Peace
and Security Council in all questions relating to military
and security requirements for the promotion and
maintenance of peace and security in Africa.
9. The Military Staff Committee shall
be composed of Senior Military Officers of the Members of
the Peace and Security Council. Any Member State not
represented on the Military Staff Committee may be
invited by the Committee to participate in its
deliberations when it is so required for the efficient
discharge of the Committee’s responsibilities.
10. The Military Staff Committee shall
meet as often as required to deliberate on matters
referred to it by the Peace and Security Council.
11. The Military Staff Committee may
also meet at the level of the Chief of Defence Staff of
the Members of the Peace and Security Council to discuss
questions relating to the military and security
requirements for the promotion and maintenance of peace
and security in Africa. The Chiefs of Defence Staff shall
submit to the Chairperson of the Commission
recommendations on how to enhance Africa's peace support
capacities.
12. The Chairperson of the Commission
shall take all appropriate steps for the convening of and
follow-up of the meetings of the Chiefs of Defence Staff
of Members of the Peace and Security Council.
Training
13. The Commission shall provide
guidelines for the training of the civilian and military
personnel of national standby contingents at both
operational and tactical levels. Training on International
Humanitarian Law and International Human Rights Law, with
particular emphasis on the rights of women and children,
shall be an integral part of the training of such
personnel.
14. To that end, the Commission
shall expedite the development and circulation of
appropriate Standing Operating Procedures to inter-alia:
-
support standardization of
training doctrines, manuals and programmes for
national and regional schools of excellence;
-
co-ordinate the African
Standby Force training courses, command and staff
exercises, as well as field training exercises.
15. The Commission shall, in
collaboration with the United Nations, undertake periodic
assessment of African peace support capacities.
16. The Commission shall, in
consultation with the United Nations Secretariat, assist
in the co-ordination of external initiatives in support of
the African Standby Force capacity-building in training,
logistics, equipment, communications and funding.
Role of Member States
17. In addition to their
responsibilities as stipulated under the present
Protocol:
- troop contributing countries States shall
immediately, upon request by the Commission, following
an authorization by the Peace and Security Council or
the Assembly, release the stand-by contingents with
the necessary equipment for the operations envisaged
under Article 9 (3) of the present Protocol;
Member States shall commit
themselves to make available to the Union all forms
of assistance and support required for the promotion
and maintenance of peace, security and stability on
the Continent, including rights of passage through
their territories.
Top
of Page
ARTICLE 14
PEACE BUILDING
Institutional Capacity for
Peace-building
1. In post-conflict situations, the
Peace and Security Council shall assist in the restoration
of the rule of law, establishment and development of
democratic institutions and the preparation, organization
and supervision of elections in the concerned Member
State.
Peace-building during Hostilities
2. In areas of relative peace, priority
shall be accorded to the implementation of policy designed
to reduce degradation of social and economic conditions
arising from conflicts.
Peace-building at the End of
Hostilities
3. To assist Member States that have
been adversely affected by violent conflicts, the Peace
and Security Council shall undertake the following
activities:
- consolidation of the peace agreements that have
been negotiated;
- establishment of conditions of political, social
and economic reconstruction of the society and
Government institutions;
- implementation of disarmament, demobilization and
reintegration programmes, including those for child
soldiers;
- resettlement and reintegration of refugees and
internally displaced persons;
- assistance to vulnerable persons, including
children, the elderly, women and other traumatized
groups in the society.
Top
of Page
ARTICLE 15
HUMANITARIAN ACTION
1. The Peace and Security Council shall take active
part in coordinating and conducting humanitarian
action in order to restore life to normalcy in the
event of conflicts or natural disasters.
2. In this regard, the Peace and Security Council shall
develop its own capacity to efficiently undertake
humanitarian action.
3. The African Standby Force shall be adequately
equipped to undertake humanitarian activities in their
mission areas under the control of the Chairperson of
the Commission.
4. The African Standby Force shall
facilitate the activities of the humanitarian agencies in
the mission areas.
Top
of Page
Article 16
Relationship with regional Mechanisms
for Conflict Prevention, Management and Resolution
1. The Regional Mechanisms are part of
the overall security architecture of the Union, which has
the primary responsibility for promoting peace, security
and stability in Africa. In this respect, the Peace and
Security Council and the Chairperson of the Commission,
shall:
-
harmonize and coordinate the
activities of Regional Mechanisms in the field of
peace, security and stability to ensure that these
activities are consistent with the objectives and
principles of the Union;
-
work closely with
Regional Mechanisms, to ensure effective
partnership between them and the Peace and
Security Council in the promotion and maintenance
of peace, security and stability. The modalities
of such partnership shall be determined by the
comparative advantage of each and the prevailing
circumstances.
2. The Peace and Security Council
shall, in consultation with Regional Mechanisms, promote
initiatives aimed at anticipating and preventing conflicts
and, in circumstances where conflicts have occurred,
peace-making and peace-building functions.
3. In undertaking these efforts,
Regional Mechanisms concerned shall, through the
Chairperson of the Commission, keep the Peace and Security
Council fully and continuously informed of their
activities and ensure that these activities are closely
harmonized and coordinated with the activities of Peace
and Security Council. The Peace and Security Council
shall, through the Chairperson of the Commission, also
keep the Regional Mechanisms fully and continuously
informed of its activities.
4. In order to ensure close
harmonization and coordination and facilitate regular
exchange of information, the Chairperson of the Commission
shall convene periodic meetings, but at least once a year,
with the Chief Executives and/or the officials in charge
of peace and security within the Regional Mechanisms.
5. The Chairperson of the Commission
shall take the necessary measures, where appropriate, to
ensure the full involvement of Regional Mechanisms in the
establishment and effective functioning of the Early
Warning System and the African Standby Force.
6. Regional Mechanisms shall be invited
to participate in the discussion of any question brought
before the Peace and Security Council whenever that
question is being addressed by a Regional Mechanism is of
special interest to that Organization.
7. The Chairperson of the
Commission shall be invited to participate in meetings and
deliberations of Regional Mechanisms.
8. In order to strengthen coordination
and cooperation, the Commission shall establish liaison
offices to the Regional Mechanisms. The Regional
Mechanisms shall be encouraged to establish liaison
offices to the Commission.
9. On the basis of the above
provisions, a Memorandum of Understanding on Cooperation
shall be concluded between the Commission and the Regional
Mechanisms.
Top
of Page
Article 17
Relationship with the United Nations and other international Organizations
1. In the fulfillment of its mandate in
the promotion and maintenance of peace, security and
stability in Africa, the Peace and Security Council shall
cooperate and work closely with the United Nations
Security Council, which has the primary responsibility for
the maintenance of international peace and security. The
Peace and Security Council shall also cooperate and work
closely with other relevant UN Agencies in the promotion
of peace, security and stability in Africa.
2. Where necessary, recourse will be made to the United
Nations to provide the necessary financial, logistical
and military support for the African Unions’
activities in the promotion and maintenance of peace,
security and stability in Africa, in keeping with the
provisions of Chapter VIII of the UN Charter on the
role of Regional Organizations in the maintenance of
international peace and security.
3. The Peace and Security Council and the Chairperson
of the Commission shall maintain close and continued
interaction with the United Nations Security Council,
its African members, as well as with the
Secretary-General, including holding periodic meetings
and regular consultations on questions of peace,
security and stability in Africa.
4. The Peace and Security Council shall also
cooperate and work closely with other relevant
international organizations on issues of peace,
security and stability in Africa. Such organizations
may be invited to address the Peace and Security
Council on issues of common interest, if the latter
considers that the efficient discharge of its
responsibilities does so require.
Top
of Page
Article 18
Relationship with the Pan African
Parliament
1. The Mechanism shall maintain close
working relations with the Pan-African Parliament in
furtherance of peace, security and stability in Africa.
2. The Peace and Security Council shall,
whenever so requested by the Pan African Parliament,
submit, through the Chairperson of the Commission,
reports to the Pan-African Parliament, in order to
facilitate the discharge by the latter of its
responsibilities relating to the maintenance of peace,
security and stability in Africa.
3. The Chairperson of the Commission
shall present to the Pan-African Parliament an annual
report on the state of peace and security in the
continent. The Chairperson of the Commission shall also
take all steps required to facilitate the exercise by the
Pan-African Parliament of its powers, as stipulated in
Article 11 (5) of the Protocol to the Treaty establishing
the African Economic Community relating to the Pan-African
Parliament, as well as in Article 11 (9) in so far as it
relates to the objective of promoting peace, security and
stability as spelt out in Article 3 (5) of the said
Protocol.
Top
of Page
Article 19
Relationship with the African Commission
on Human and Peoples’ rights
The
Peace and Security Council shall seek close cooperation
with the African Commission on Human and Peoples’ Rights
in all matters relevant to its objectives and mandate. The
Commission on Human and Peoples’ Rights shall bring to
the attention of the Peace and Security Council any
information relevant to the objectives and mandate of the
Peace and Security Council.
Top
of Page
ARTICLE 20
Relations with Civil Society
Organizations
The Peace and Security Council shall
encourage non-governmental organizations, community-based
and other civil society organizations, particularly women’s
organizations, to participate actively in the efforts
aimed at promoting peace, security and stability in
Africa. When required, such organizations may be invited
to address the Peace and Security Council.
Top
of Page
Article 21
Funding
Peace Fund
1. In order to provide the necessary financial resources
for peace support missions and other operational
activities related to peace and security, a Special
Fund, to be known as the Peace Fund, shall be
established. The operations of the Peace Fund shall be
governed by the relevant Financial Rules and Regulations
of the Union.
2. The Peace Fund shall be made up of financial
appropriations from the regular budget of Union,
including arrears of contributions, voluntary
contributions from Member States and from other sources
within Africa, including the private sector,
civil society and individuals, as well as through
appropriate fund raising activities.
3. The Chairperson of the Commission shall raise
and accept voluntary contributions from sources outside
Africa, in conformity with the objectives and principles
of the Union.
4. There shall also be established, within the Peace
Fund, a revolving Trust Fund. The appropriate amount of
the revolving Trust Fund shall be determined by the
relevant Policy Organs of the Union upon recommendation
by the Peace and Security Council.
Assessment of Cost of Operations and
Pre-financing
5. When required, and following a
decision by the relevant Policy Organs of the Union, the
cost of the operations envisaged under Article 13 (3) of
the present Protocol shall be assessed to Member
States based on the scale of their contributions to the
regular budget of the Union.
6. The States contributing contingents
may be invited to bear the cost of their participation
during the first three (3) months.
7. The Union shall refund the expenses
incurred by the concerned contributing States within a
maximum period of six (6) months and then proceed to
finance the operations.
Top
of Page
Article 22
Final Provisions
Status of the Protocol in relation to the Cairo
Declaration
1. The present Protocol shall replace
the Cairo Declaration.
2. The
provisions of this Protocol shall supercede the
resolutions and decisions of the OAU relating to the
Mechanism for Conflict Prevention, Management and
Resolution in Africa, which are in conflict with the
present Protocol.
Signature, Ratification and Accession
3. The present Protocol shall be open
for signature, ratification or accession by the Member
States of the Union in accordance with their respective
constitutional procedures.
4. The instruments of ratification
shall be deposited with the Chairperson Commission
Entry into Force
5. The present Protocol shall enter
into force upon the deposit of the instruments of
ratification by a simple majority of the Member States of
the Union.
Amendments
6. Any amendment or revision of the
present Protocol shall be in accordance with the
provisions of Article 32 of the Constitutive Act.
Depository Authority
7. This Protocol and all instruments of
ratification shall be deposited with the Chairperson of
the Commission, who shall transmit certified true copies
to all Member States and notify them of the dates of
deposit of the instruments of ratification by the Member
States and shall register it with the United Nations and
any other Organization as may be decided by the Union.
Adopted by the 1st
Ordinary Session of the Assembly of the
African Union
Durban, 9 July 2002
1. People’s Democratic Republic
of Algeria
2. Republic of Angola
3. Republic of Benin
4. Republic of Botswana
5. Burkina Faso
6. Republic of Burundi
7. Republic of Cameroon
8. Republic of Cape Verde
9. Central African Republic
10. Republic of Chad
11. Islamic Federal Republic of the
Comoros
12. Republic of the Congo
13. Republic of Côte d’Ivoire
14. Democratic Republic of Congo
15. Republic of Djibouti
16. Arab Republic of Egypt
17. State of Eritrea
18. Federal Democratic Republic of
Ethiopia
19. Republic of Equatorial Guinea
20. Republic of Gabon
21. Republic of The Gambia
22. Republic of Ghana
23. Republic of Guinea
24. Republic of Guinea Bissau
25. Republic of Kenya
26. Kingdom of Lesotho
27. Republic of Liberia
28. Great Socialist People’s Libyan
Arab Jamahiriya
29. Republic of Madagascar
30. Republic of Malawi
31. Republic of Mali
32. Islamic Republic of Mauritania
33. Republic of Mauritius
34. Republic of Mozambique
35. Republic of Namibia
36. Republic of Niger
37. Federal Republic of Nigeria
38. Republic of Rwanda
39. Sahrawi Arab Democratic Republic
40. Republic of Sao Tome and Principe
41. Republic of Senegal
42. Republic of Seychelles
43. Republic of Sierra Leone
44. Republic of Somalia
45. Republic of South Africa
46. Republic of Sudan
47. Kingdom of Swaziland
48. United Republic of Tanzania
49. Republic of Togo
50. Republic of Tunisia
51. Republic of Uganda
52. Republic of Zambia
53. Republic of Zimbabwe
|