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 PORTFOLIO COMMITTEE FOR SAFETY AND SECURITY Cape Town, 9 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 • RATIFICATION • IMPLICATIONS FOR SA POLICE SERVICE

4. 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.

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 • 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

12. 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

13. 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

14. 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

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

16. 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

17. 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

18. 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.

19. 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

20. 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.

21. 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

22. 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.

23. 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.

24. 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.

25. 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.