PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN

UNION

BRIEFING TO THE PORTFOLIO COMMITTEE FOR SAFETY AND SECURITYCape Town, 9 April 2003.

SCOPE OF BRIEFING

• INTRODUCTION• KEY PROVISIONS OF THE PROTOCOL

– ESTABLISHMENT– OBJECTIVES– PRINCIPLES– COMPOSITION– FUNCTIONS– POWERS– PANEL OF THE WISE

SCOPE OF BRIEFING

– CONTINENTAL EARLY WARNING SYSTEM

– AFRICAN STANDBY FORCE– PEACE BUILDING– RELATIONSHIP WITH OTHER

MECHANISMS AND INSTITUTIONS– RATIFICATION– IMPLICATIONS FOR SA POLICE

SERVICE

INTRODUCTION

• Significant developments with regard to peace and security issues on the African continent, emanated from the launch of the African Union in Durban, July 2002.

• The adoption of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union is an outcome of the 1st Ordinary Session of the Assembly of the African Union.

KEY PROVISIONS OF THE PROTOCOL

• ESTABLISHMENT OF THE PSC– Pursuant to Article 5 (2) of the Constitutive Act– As a standing decision-making organ for the

prevention, management and resolution of conflicts– As a collective security and early-warning

arrangement to facilitate timely and efficient response to conflict and crisis situations in Africa

– Supported by the following: Commission, Panel of the Wise, Continental Early Warning System, African Standby Force

KEY PROVISIONS OF THE PROTOCOL

• OBJECTIVES– Promote peace, security and stability– Anticipate and prevent conflicts– Promote and implement peace-building and post-conflict

reconstruction activities– Co-ordinate and harmonise continental efforts in

prevention and combating of international terrorism– Develop a common defence policy for the AU– Promote and encourage democratic practices, good

governance and the rule of law

KEY PROVISIONS OF THE PROTOCOL

• PRINCIPLES– Enshrined in the Constitutive Act, UN Charter, and the

Universal Declaration of Human Rights– Peaceful settlement of disputes and conflicts– Respect for rule of law, fundamental human rights– Respect for the sovereignty and territorial integrity of

Member States– Right of the AU to intervene in a Member State in

respect of grave circumstances– Right of Member State to request intervention from the

AU

KEY PROVISIONS OF THE PROTOCOL

• COMPOSITION OF THE PSC– 15X Elected Members

• 10x Members for 2 years term• 5x Members for 3 years term

– Equitable regional representation and rotation

KEY PROVISIONS OF THE PROTOCOL

• FUNCTIONS– Promotion of peace, security and stability– Early warning and preventive diplomacy– Peace-making, good offices, mediation, conciliation

and enquiry– Peace support operations and intervention– Peace-building and post-conflict reconstruction– Humanitarian action and disaster management– Other functions as may be decided by Assembly

KEY PROVISIONS OF THE PROTOCOL

• POWERS– Anticipate and prevent disputes and conflicts– Undertake peace-making and peace-building – Authorise deployment of peace support missions– Recommend intervention– Institute sanctions– Implement the common defence policy of AU

KEY PROVISIONS OF THE PROTOCOL• POWERS...(of special importance for policing)• Lay down guidelines for conduct and deployment

of peace and support missions.• Ensure implementation of OAU Convention on

Prevention and Combating of Terrorism/ international conventions and instruments and co-ordinate efforts at regional and continental levels to combat international terrorism.

• Promote and encourage implementation of OAU,/AU, UN and other instruments on arms control and disarmament.

• Support humanitarian action- armed conflicts/ natural disasters

KEY PROVISIONS OF THE PROTOCOL

• PANEL OF THE WISE– Composed of 5x persons selected by

Chairperson of the Commission– Support the efforts of the PSC in conflict

prevention– Advise the PSC on promotion and

maintenance of peace, security and stability– To meet as may be required for performance

of its mandate

KEY PROVISIONS OF THE PROTOCOL

• CONTINETAL EARLY WARNING SYSTEM– Observation and monitoring centre– Linkage of observation and monitoring units

of Regional Mechanisms to the Centre– Collaboration with UN, relevant institutions

and research centers

KEY PROVISIONS OF THE PROTOCOL• AFRICAN STANDBY FORCE

– Composed of multidisciplinary contingents with civilian and military components

– AU Peace Support Standard Operating Procedures• Chain of Command• Military Staff Committee• Training • Role of Member States

KEY PROVISIONS OF THE PROTOCOL

• PEACE BUILDING– Institutional capacity for Peace –building– Peace-building during hostilities– Peace-building at end of hostilities

KEY PROVISIONS OF THE PROTOCOL

• RELATIONSHIP WITH OTHER MECHANISMS AND INSTITUTIONS– Regional mechanism as part of overall security

architecture of the AU– UN and other international organisations– Pan African Parliament– African Commission on Human and Peoples’

Rights– Civil Society organisations

KEY PROVISIONS OF THE PROTOCOL

• FUNDING– Establishment of a Peace Fund

• Appropriations from regular budget of the AU• Voluntary contributions

– States contributing contingents would bear costs of their participation for first 3x months

– AU to refund expenses incurred within period of 6x months

RATIFICATION OF PROTOCOL• Ratification of the Protocol is progressing very

slowly. • Only Mali and Algeria have ratified to date. • Indications are that member states have no

problems with the Protocol as such, but ratification processes are subject to more national consultations than usual.

• Member states appear to be fully committed to the PSC.

IMPLICATIONS FOR SA POLICE SERVICE

• Policing and security inextricably linked .Following functions important from policing perspective:

• Council co-ordinates and harmonizes efforts re international terrorism

• Council responsible to promote and implement conventions and treaties on arms control

• Limited police role in peace-keeping missions, and post- conflict reconstruction

POLICING AND SECURITY

• Number of initiatives on policing in Africa- SARPCCO, EAPCO and WAPCO.

• Need for better coordination between them• Interpol remain link with policing

activities, however police intelligence will have a limited role in early warning system (terrorism/transnational organised crime).

• The idea is not to create separate structure on policing apart from Interpol.

Continental efforts - combating terrorism• The Algiers Convention, already ratified by South

Africa and in force, is basis of co-operation for combating terrorism in Africa.

• Convention links actions required by 12 other international instruments.

• AU High level intergovernmental meeting already drafted Action Plan to implement the Algiers Convention. South Africa actively participated in this process.

• Our participation as co-facilitator in Botswana in workshop on terrorism of 10 African Countries.

• AU PSC will enhance and co-ordinate ongoing actions

ADDRESSING SMALL ARMS

• In respect of Sub-region, SARPCCO has been designated as the implementing agency for SADC’s Firearm policy.

• This policy embodied in SADC Protocol on Firearms.

• Implementation of SADC Protocol ongoing Plan drafted by SARPCCO in respect of legal and operational issues, Durban 26-27 August 2002.

• Implementation plan approved by Chiefs of Police and Ministers in Mauritius.

CONTROL OF ARMS• Common position of Continent on firearms is

reflected in Bamako Declaration.• Declaration is supportive of United Nations actions

and instruments, especially the Protocol on Firearms, supplementary to the Transnational Organized Crime Convention(Palermo Convention).

• In sub-region SADC Protocol forms basis of combating firearms.

• Expertise of SAPS in Rachel type operations internationally recognized.

• Various other Firearms initiatives and action plans in Africa, in need of coordination, Nairobi declaration,Agenda for Action Great Lakes and Horn of Africa, West African Moratorium.

PEACE MISSIONS• SA Police Service have not played role in peace

missions, such as Burundi.• Expertise in Rachel type of post-conflict

operations to enhance general security.• Post war/conflict second phase is to restore

normal Government functions such as policing.• SAPS role might be more explicit in future peace

operations.• SAPS involved in peace mission training, such as

Operation Blue Crane.• Assistance in capacity building of police services

problematic in view of financial constraints.• Role in training through SARPCCO agreement.

CONCLUSION• The South African Police Service has been

actively involved in all the issues which has relevance to policing and will be affected by the PSC of the AU.

• The PSC will provide a platform for co-ordinating regional initiatives in the respective areas.

• Decisions on specific issues such as the SAPS role in peace missions and post conflict assistance might place additional burden financially on the SA Police Service- the other matters are already been dealt with as line-function responsibilities.