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

1. PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION BRIEFING TO THE JOINT STANDING COMMITTEE ON DEFENCE AND THE PORTFOLIO COMMITTEE ON DEFENCE Cape Town, 2 April 2003.

2. SCOPE OF BRIEFING • INTRODUCTION • KEY PROVISIONS OF THE PROTOCOL • ESTABLISHMENT • OBJECTIVES • PRINCIPLES • COMPOSITION • FUNCTIONS • POWERS • PANEL OF THE WISE

3. SCOPE OF BRIEFING • CONTINENTAL EARLY WARNING SYSTEM • AFRICAN STANDBY FORCE • PEACE BUILDING • RELATIONSHIP WITH OTHER MECHANISMS AND INSTITUTIONS • FUNDING • IMPLICATIONS

4. INTRODUCTION • The launch of the African Union in Durban, July 2002,has ushered in significant developments with regard to peace and security issues on the African continent. • One of the positive outcomes of the 1st Ordinary Session of the Assembly of the African Union,was the adoption of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. KEY PROVISIONS OF THE PROTOCOL • PEACE BUILDING • Institutional capacity for Peace –building • Peace-building during hostilities • Peace-building at end of hostilities

15. 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

16. 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

17. CONCLUDING REMARKS • The establishment of the PSC will have the following key implications: • Organisational and Personnel • Financial