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

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

• BRIEFING TO THE PORTFOLIO COMMITTEE FOR SAFETY
  AND SECURITY
• Cape Town, 9 April 2003.

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SCOPE OF BRIEFING

• INTRODUCTION
• KEY PROVISIONS OF THE PROTOCOL
• ESTABLISHMENT
• OBJECTIVES
• PRINCIPLES
• COMPOSITION
• FUNCTIONS
• POWERS
• PANEL OF THE WISE

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SCOPE OF BRIEFING

• CONTINENTAL EARLY WARNING SYSTEM
• AFRICAN STANDBY FORCE
• PEACE BUILDING
• RELATIONSHIP WITH OTHER MECHANISMS AND
  INSTITUTIONS
• RATIFICATION
• IMPLICATIONS FOR SA POLICE SERVICE

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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KEY PROVISIONS OF THE PROTOCOL

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

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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

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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

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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.

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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

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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/transnatio
  nal organised crime).
• The idea is not to create separate structure on
  policing apart from Interpol.

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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

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ADDRESSING SMALL ARMS

• In respect of Sub-region, SARPCCO has been
  designated as the implementing agency for SADCs
  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.

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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.

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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.

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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.