THE SADC MUTUAL DEFENCE PACT - PowerPoint PPT Presentation

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THE SADC MUTUAL DEFENCE PACT

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Title: THE SADC MUTUAL DEFENCE PACT


1
THE SADC MUTUAL DEFENCE PACT
2
INTRODUCTION AND PREAMBLE
  • State Parties
  • Angola
  • Botswana (Ratified)
  • DRC
  • Lesotho
  • Malawi
  • Mauritius (Ratified)
  • Mozambique
  • Namibia
  • South Africa
  • Swaziland
  • Tanzania (Ratified)
  • Zambia
  • Zimbabwe
  • Pact signed by South Africa Tabled for
    ratification Parliament on 11 November 2004
  • Seychelles to withdraw from SADC did not sign
    Pact
  • Angola has not signed the Pact

3
  • In terms of the preamble, the Pact is based on
  • SADCs commitment to UN Charter, Constitutive Act
    of AU, Protocol establishing the PSC of the AU
    and the Treaty
  • The desire to live at peace with all peoples and
    Governments
  • The commitment to SADC Treaty and Protocol on
    Politics, Defence and Security Cooperation
  • Close cooperation in defence and security matters
    to the mutual benefit of SADC people
  • Recognition of the sovereignty of all States, the
    strengthening of bonds between them, based on
    respect for their independence and non
    interference in internal affairs
  • Promotion of peace, security, stability and
    well-being among SADC peoples
  • The defence and safeguarding of the freedom of
    SADC peoples and their civilisation, their
    individual liberties and the rule of law
  • Unification of efforts towards self-defence and
    preservation of peace and stability

4
Article 1 Definitions
  • "armed attack" use of military force in
    violation of sovereignty, territorial integrity
    and independence of a State Party
  • "collective self-defence" measures undertaken
    collectively by the State Parties to ensure
    peace, stability and security in the Region
  • "destabilise" to instigate, plan, execute or
    assist in the following
  • Armed attack against a State Party
  • Sabotage aimed at people of a State Party,
    whether inside or outside the territory of the
    State Party
  • Any act or activity aimed at changing
    constitutional order of a State Party through
    unconstitutional means
  • "State Party" Member State that has ratified or
    acceded to this pact

5
  • Implication
  • It is clear from the definition of "armed
    attack", that the use of military force against a
    member state will constitute an armed attack. (A
    definition of "military force" can in itself
    complicate the issue of determining when an
    attack is an armed attack ito the Pact).

6
Article 2 Objective
  • To operationalise the mechanisms of the Organ for
    mutual cooperation in defence and security
    matters
  • Implication clear from the preamble, definition
    of "destabilise" and the objective of security
    cooperation that it is the intention of the
    drafters of this Pact to include matters of a
    much wider range than only those of a military
    nature

7
Article 3 Conflict Resolution
  • Conflict Resolution and international dispute to
    be settled by peaceful means in accordance with
    the Charter of the UN
  • State Parties are to refrain from the threat of
    or the use of force if inconsistent with the
    Charter of the UN

8
Article 4 Military Preparedness
  • State Parties shall individually and
    collectively, by means of continuous cooperation
    and assistance, maintain and develop their
    individual and collective self-defence capacity
  • Implication South Africa will be obliged to
    maintain certain regional standards wrt its
    military capacity and to work towards
    interoperability
  • Implication South Africa will be obliged to
    participate in multi-lnational (State Party)
    military exercises more often

9
Article 5 Consultation
  • Where a State Party considers its territorial
    integrity, political independence and security
    under threat from another State Party, the
    threatened State Party shall consult with the
    latter and the then consult with the Organ
  • Where consultation yields no satisfactory result,
    the Chairperson of the Organ may constitute a
    joint verification mission to investigate the
    threat
  • Implication in the absence of the word "or"
    apparently Article 5(1) will only take effect if
    all three factors, "territorial integrity,
    political independence and security", are being
    threatened

10
Article 6 Collective Self-defence and Collective
Action
  • An armed attack against a State Party shall be
    considered a threat to regional peace and
    security and shall be met with immediate
    collective action by State Parties
  • Collective action to be mandated by the Summit on
    the recommendation of the Organ
  • Any armed attack and measure taken in response
    thereto, shall immediately be reported to the PSC
    of the AU and the SC of the UN
  • Implication
  • State Parties shall respond immediately by means
    of collective action. It is not necessary to
    respond with collective self-defence by means of
    the use of force.
  • Any responsive action i.e. the use of
    diplomacy, the use of measures short of force or
    sanctions etc, will be accepted

11
Article 7 Non-Interference
  • State Parties undertake to respect one another's
    territorial integrity and sovereignty and to
    observe non-interference in the internal affairs
    of one another
  • No action shall be taken to assist a State Party
    in terms of this Pact unless the State Party
    requests such action or consent to it except
    where the Summit decides that action needs to be
    taken in terms of the Protocol

12
  • Implication
  • No State Party is allowed to render assistance or
    implement any sort of action without the consent
    or request of the State Party to be helped,
    unless specifically ordered by the Summit to do
    so
  • Preferably, the nature of the assistance should
    be of a collective nature

13
Article 8 Destabilising Factors
  • State Parties undertake not to nurture, harbour
    or support any person, group of persons or
    institutions whose aim is to destabilise the
    political, military, territorial and economic or
    social security of a State Party
  • Implication
  • Although the Intelligence Structures already
    address the said matter, South Africa will derive
    an obligation from this pact to ensure that no
    destabilising factors are present in the
    Republic.
  • The PCD clearly indicated that any person in
    South Africa shall enjoy the Constitutional
    rights of freedom of speech, freedom of
    association, freedom of belief, etc.

14
Article 9 Defence Cooperation
  • State Parties shall cooperate in defence matters
    and facilitate interaction among their armed
    forces and defence-related industries on the
    following and other mutual interest
  • The training of military personnel in the field
    of military endeavour including joint military
    exercises
  • The exchange of military intelligence and
    information
  • The joint research, development and production
    under licence of military equipment, facilitation
    of supply and procurement of defence equipment
    and services

15
  • Implication Budget and strategic support
    constraints wrt training of foreign military
    personnel
  • Implication South African Defence Industries
    and Armscor may have to support mutual
    procurement, research, development and production
    of military equipment

16
Article 10 Supplementary Agreements
  • State Parties may in respect of any particular
    issue covered by this Pact, agree to subsequent
    bilateral or multilateral agreements of a
    specific or general nature

17
Article 11 Implementation
  • State Parties shall receive delegations of Member
    States as coordinated by the Secretariat of the
    SADC Organ for the purpose of consultation
    regarding implementation of any aspect of this
    Pact

18
Article 12 Confidentiality
  • State Parties undertake not to disclose any
    classified information obtained under this Pact
    or related agreements
  • State Parties undertake not to use any classified
    information obtained during multilateral
    cooperation among them to the detriment of or
    against any State Party
  • Visiting personnel shall, in the implementation
    of this Pact, comply with the security
    regulations of the host State Party and
    information obtained shall be treated in
    accordance with this Article

19
Article 13 Settlement of Disputes
  • Any dispute among State Parties arising from the
    interpretation and application of this Pact,
    shall be settled amicably and if no resolution
    can be found, referred to the Tribunal

20
Article 14 Withdrawal
  • 12 months from the date of giving written notice
    to the Chairperson of the Organ
  • A withdrawn State Party shall cease to enjoy all
    rights and benefits under this Pact
  • A withdrawn State Party shall indefinitely remain
    bound by the provisions of Article 12
    (Confidentiality)

21
Article 15 Saving Provisions
  • State Parties shall declare that none of the
    International agreements between them and a Third
    Party are in conflict with the spirit and
    provisions of this Pact
  • State Parties shall recognise existing defence
    agreements provided that such agreements are not
    in conflict with the spirit and provisions of
    this Pact
  • Where existing agreements are in conflict with
    this Pact, the concerned State Parties shall take
    steps to amend the agreement

22
  • This Pact shall not derogate from a State Party's
    rights and obligations under the Charter of the
    UN, the Constitutive Act of the AU or relevant
    instruments human rights and international
    humanitarian law
  • Implication South Africa will have ensure that
    defence related bilateral agreements comply with
    this Article
  • Implication This Pact will have to be
    considered during the negotiation and drafting
    of all future bilateral agreements

23
Article 16 Signature
  • The Pact must be signed by duly authorised
    representatives of State Parties to the Protocol
    on Politics, Defence and Security Cooperation

24
Article 17 Ratification
  • This Pact shall be subject to ratification by the
    signatory States in accordance with their
    respective constitutional procedures
  • Implication South Africa must ratify this Pact
    in terms of section 231(2) of the Constitution
  • Implication Where not possible to implement the
    provisions of this Pact directly, implementation
    by means of incorporating legislation will be
    necessary

25
Article 17 Accession
  • This Pact shall remain open for accession by any
    State Party to the Protocol on Politics, Defence
    and Security Cooperation

26
Article 19 Amendments
  • Any State Party may propose an amendment to this
    Pact
  • Proposals to be made to the Chairperson of the
    Organ who shall duly notify all State Parties of
    the proposed amendments
  • An amendment shall be adopted by decision of
    three quarters of all State Parties

27
Article 20 Entry into Force
  • The Pact shall enter into force 30 days after the
    deposit of the instrument of ratification by two
    thirds of the Member States

28
Article 21 Depository
  • The original texts of this Pact, and all
    instruments of ratification and accession, shall
    be deposited with the Executive Secretary, who
    shall transmit certified copies to all Member
    States in English, French and Portuguese
  • The Executive Secretary of SADC shall register
    this Pact with the Secretariat of the UN and the
    Commission of the AU

29
Article 22 Breach of the Pact
  • Any State Party may report an alleged breach of
    the Pact to the Chairperson of the Organ, who
    shall institute an investigation, compile a
    report and make recommendations to the summit
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