This profile was compiled by the Institute for Security Studies. Please send comments and/or corrections to: nico@iss.org.za
Figure 1: The Structure of the African Union (PDF)
Figure 2: The Structure of the Commission of the AU (PDF)
Figure 3: Office of the Chairperson (PDF)
Figure 4: Office of the Deputy Chairperson (PDF)
Figure 5: The Structure of the Peace and Security Council (PDF)
Commission of the African Union
Roosevelt Street
(Old Airport Area)
W21K19
Addis Ababa
Ethiopia
Tel : +251 1 - 51 77 00
Fax: +251 1 - 51 93 21
Website: www.africa-union.org
Website of South Africa as chair of the African Union: www.au2002.gov.za
Website of Mozambique as chair of the African Union: www.au2003.gov.mz
Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, The Comoros, Republic of Congo, Democratic Republic of Congo, Côte d’Ivoire, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Saharawi Arab Democratic Republic, Sao Tomé and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe.
Morocco is the only African country that is not a member of the African Union.
The Council of Ministers meeting in its 26th Ordinary Session in Addis Ababa, Ethiopia, from 23 February to 1 March, 1976 adopted resolution CM/Res.464 (XXVI) stipulating that “there shall be five (5) regions of the OAU, namely, Northern, Western, Central, Eastern, and Southern”. The geographical distribution of the five regions is currently as follows:
1. West Africa , Fifteen (15) Member States:
Benin, Burkina Faso, Cape Verde, Cote d’Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
2. East Africa , Thirteen (13) Member States:
Comoros, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tanzania and Uganda.
3. Southern Africa , Ten (10) Member States:
Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe.
4. Central Africa , Nine (9) Member States:
Burundi, Cameroon, Central African Republic, Chad, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon and Sao Tome & Principe.
5. Northern Africa , Six (6) Member States:
Algeria, Egypt, Libya, Mauritania, Tunisia and Saharawi Arab Democratic Republic.
Key Developments in the Evolution of the OAU
The African Union is the successor organization to the Organization of African Unity (OAU). The OAU was established on 25 May 1963, with its headquarters in Addis Ababa, Ethiopia. At that Conference of Independent African States, the OAU Charter was signed by the Heads of State and Government of 30 of the 32 independent African states. The remaining two, Togo and Morocco signed before the end of that year. Morocco later withdrew from the OAU in 1985, after admission of Western Sahara. It is now the only African state that does not belong to the 53 member AU.
The Constitutive Act of the African Union was adop ted during the Lomé Summit of the OAU on 11 July 2000. The Lusaka Summit in 2001 (37th Ordinary Session) agreed to a transition period of one year (with the option to extend this period if necessary) while Member States and the General Secretariat embarked upon intensive consultations to prepare for the inaugural meeting of the African Union in South Africa in July 2002.
An important development in the history of the OAU was the adoption, in 1980, at an OAU Extraordinary Summit, of the Lagos Plan of Action. The commitments in the Plan and the Final Act of Lagos were translated into concrete form in Abuja, Nigeria in June 1991 when the OAU Heads of State and Government signed the Treaty establishing the African Economic Community (AEC) during the 27th Ordinary Session of the Assembly. Since May 1994, the OAU therefore operated on the basis of the OAU Charter as well as the AEC Treaty, and the organization was officially referred to as the OAU/AEC. After signature of the AEC Treaty, the Assembly of Heads of State and Government directed the Committee on the Review of the Charter (established in 1979) to meet and review the OAU Charter with a view to bringing it in line with the AEC Treaty. Despite numerous attempts since 1979, OAU Member States could not agree on amendments to the 1963 Charter. Eventually an Extraordinary Summit of the OAU held in Sirté, Libya on 9 September 1999 called for the establishment of an African Union in conformity with the ultimate objectives of the OAU Charter and the provisions of the AEC Treaty (Sirté Declaration).
The Constitutive Act of the African Union notes (in Article 33(2) that “The provisions of this Act shall take precedence over and supersede any inconsistency or contrary provisions of the Treaty establishing the African Economic Community.” Thus the subsequent Protocol to establish a Pan-African Parliament, which was originally envisaged in Articles 7 and 14 of the AEC Treaty, is a protocol to the AEC Treaty and not to the Constitutive Act establishing the AU.
The Lusaka Summit in 2001 (37th Ordinary Session) that prepared for the transition from the OAU to the AU also took a decision that the Economic and Social Commission (ECOSOC) reference in the AEC Treaty “will cease to exist at the end of the transition period” to the African Union. In its place the AU established an Economic, Social and Cultural Council (Article 22) as “an advisory organ composed of different social and professional groups”. Unlike the Pan-African Parliament, ECOSOCC will not be established through a legally binding protocol, treaty or convention, but by the approval of the Assembly of a set of statutes.
The Lomé Summit in 2000 also acknowledged the Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA) as creating a synergy between the various activities undertaken by the OAU/AEC that should help to consolidate the work in the areas of peace, security, stability, development and co-operation. A subsequent Memorandum of Understanding on the CSSDCA was adopted by the First Standing Conference on Security, Stability, Development and Cooperation in Africa , held in Durban in July 2002, as part of the OAU/AU Summit.
During the July 2001 Lusaka Summit meeting in Zambia African leaders also adop ted the New Partnership for Africa ’s Development (NEPAD). The Partnership provides a comprehensive, integra ted development plan that addresses key social, economic and political principles for the continent. It entails a commitment by African leaders to African people and the international community to place Africa on a path of sustainable growth, accelerated by the integration of the continent into the global economy. NEPAD determines that peace, security, democracy, and good economic and corporate governance are preconditions for sustainable development and proposes a system of voluntary peer review and adherence to codes and standards of conduct. At the 38th (and final) Summit of the OAU in Durban, July 2002, Heads of State and Government issued a NEPAD Declaration on Democracy, Political, Economic and Corporate Good Governance. Durban also hosted the first Assembly meeting of the African Union that followed directly after the OAU Summit.
The Durban meeting also approved the NEPAD African Peer Review Mechanism (APRM) as well as a protocol relating to the establishment of a Peace and Security Council.
During the 2nd Extraordinary Assembly meeting in Sirté on 28th February 2004, AU Heads of State adopted a Solemn Declaration on a Common African Defence and Security Policy.
The OAU Mechanism for Conflict Prevention, Management and Resolution
Prior to the establishment of the AU some 13 African conflicts elicited notable interventions by the OAU. However, only five out of these engagements led to the deployment of some type of OAU peacekeeping operation. These are: (1) Rwanda in August-October 1993; (2) Burundi in December 1993 - July 1996; (3) Comoros in August 1998; (4) Congo-DR from November 1999; and (5) Ethiopia-Eritrea from October 2000.
Within a matter of months after its establishment, in October 1963, the OAU decided to send military observers to supervise a cease-fire, the withdrawal of troops and the creation of a demilitarised zone between Algeria and Morocco – but did not implement its own decision. The OAU’s record during the conflict between Ethiopia and Somalia the following year as well as during the unrest in the Congo shortly thereafter was equally unimpressive and its failure to intervene meaningfully in the Nigerian civil war (1967-70) reinforced the trend.
The first peacekeeping force to be deployed in Chad during 1979 was provided by Nigeria which subsequently secured OAU support for its initiative retroactively at the July 1979 OAU Summit meeting in Monrovia. An inter-African force (composed of troops from Congo-Brazzaville and airlifted from Algeria) would undertake a similar mission early in 1980. The force was flown home by France when the civil war reignited in March.
The OAU Summit in Freetown of July 1980 called for another peacekeeping operation in Chad but the OAU made little progress until the end of that year when Libya sent troops to Ndjamena in support of the transitional government of unity. The subsequent announcement by Libyan President Qaddafi that Libya and Chad were to be unified, galvanized French financial support for an OAU peacekeeping mission in Chad. During the subsequent OAU Neutral Force in Chad during 1981-82 the Organization eventually managed to field 3 500 of the planned 5 000 troops. The troops were mostly from Nigeria (with US assistance) and the remainder from Senegal and Zaire (with French assistance) – all of which had to carry their own costs since the Organization managed to contribute only US$400 000 of the estima ted US$192 million budget. Algeria, Kenya, Guinea-Bissau and Zambia eventually contributed military observers to the mission. The operation was beset with logistical problems and the operational linkage to the OAU in Addis Ababa tenuous. Together with an unrealistic timetable for elections and a firm deadline for the withdrawal of its forces, the OAU withdrew its forces at the end of June 1982 when Ndjamena fell to forces from the northern part of Chad.
The OAU’s decision in 1990 to send a peacekeeping mission to Rwanda was the first significant such mission after Chad. Shortly after the rebellion by the Rwandan Patriotic Front the OAU put together the Military Observer Team (MOT) from Burundi, Uganda and the former Zaïre which was deployed during April 1991, but only after several months of delay. The MOT was soon replaced by the Neutral Military Observer Group (NMOG) that was eventually composed of 40 military observers from Mali, Nigeria, Senegal and Zimbabwe. Even before NMOG’s mandate ended in July 1992, the OAU Council of Ministers agreed to an enlarged follow-on operation, NMOG II, intended to be composed of a total of 240 persons. NMOG II was deployed during August and eventually included military officers from Congo-Brazzaville, Nigeria, Senegal and Tunisia.
After thirteen months of talks a peace agreement was signed in August 1993, subsequently to become known as the Arusha Accords.
The subsequent Observer Mission in Burundi (OMIB) followed the murder of President Ndadaye on 21 October 1993, but it was to be several months before the Central Organ sent 47 observers. The civilian component of OMIB was only deployed during December and the first military observers arrived in Bujumbura during February 1994. Events in Rwanda in 1994, culminating in the genocide in that country, now intruded upon African consciousness in the intervening period. The six-nation OAU force eventually comprised observers from Burkina Faso, Cameroon, Guinea, Mali, Niger and Tunisia, and was augmented by an additional 20 observers in March 1995.
The reluctance of OAU Member States to intervene in conflicts during the first two decades of its existence is reflected in the lack of operationalisation of the Commission of Mediation, Conciliation and Arbitration provided for in the Charter. The Commission was envisaged as one of the four principal organs of the OAU. The Commission was to consist of 21 elected persons but its permanent status was revoked in 1970 at the Summit in Addis Ababa and it has since fallen into disuse. The 1977 Ad Hoc Committee on Inter-African Disputes shared a similar fate.
Against the background of the cycle of violence on the continent in the immediate aftermath of the cold war, the 26th Session of the Assembly of Heads of State and Government held in June 1990, expressed its determination to work for the speedy and peaceful resolution of all the conflicts in Africa. Three years later the OAU Heads of State adopted their "Declaration of the Assembly of Heads of State and Government on the Establishment, within the OAU, of a Mechanism for Conflict Prevention, Management and Resolution" during the 29th Ordinary Summit in Cairo in June 1993.
The Mechanism sought to focus on anticipating and preventing situations of potential conflict from developing into full-blown conflicts with an emphasis on anticipatory and preventive measures. The Mechanism was built around a Central Organ, with the Secretary General and the Secretariat of the OAU together constituting its operational arm. It established a special Peace Fund to finance its operational activities and established a Centre for Conflict Management within the General Secretariat for the purpose of providing financial resources to exclusively support AU operational activities relating to conflict management and resolution. The Peace Fund consists of 6% of the financial appropriations from the regular budget of the AU, voluntary contributions from AU Member States as well as from other sources within Africa. The Chairman may, with the consent of the Central Organ, also accept voluntary contributions from sources outside Africa.
The Central Organ was composed of the incoming, outgoing and current country that chaired the OAU, as well as the Bureau (composed of three countries from each of Africa ’s five regions). Similar to its successor, the Peace and Security Council, the Central Organ functioned at the level of Heads of State, Ministers and Ambassadors accredi ted to the OAU.
The Central Organ assumed the overall direction and coordinate activities of the Mechanism in between Ordinary Sessions of the Assembly of Heads of State and Government.
The Secretary General, under the authority of the Central Organ and in consultation with the parties involved in the conflict, undertook efforts to take all appropriate initiatives to prevent, manage and resolve conflict.
In June 1995, the OAU summit endorsed the establishment of an Early Warning Network, based on a co-ordinating facility located in the Conflict Management Centre and linked to various ‘focal points’ as sources of information within the various regional structures such as the Economic Community of West African States (ECOWAS), Southern African Development Community (SADC) and the Intergovernmental Authority on Development (IGAD).
During these and subsequent years the OAU engaged in a number of measures to translate early warning information into action. These included fact-finding missions, small preventive or observer missions (such as those of the UN and OAU in Burundi and more recently to the Comoros), and the use of a special envoy or a similar eminent person, evident in the DR Congo where former President Masire was appointed as facilitator.
The African Mission in Burundi (AMIB), potentially consisting of 2 300 troops with a total annual cost of $121 million, was the AU’s most ambitious engagement to date. While South Africa could, at a stretch, fund its own participation, neither of the other troop contributing countries, Ethiopia and Mozambique, can do so. Thus the US stepped in support Ethiopian preparations for AMIB and the UK to provide equipment (sourced from South Africa) for Mozambique. The EU had also committed €10 million to support AMIB, as well as a number of smaller donors.
Faced with the impossible situation of a shortfall of more than US$ 150 million, the AU and EU revealed, at the Maputo Summit of July 2003, an innovative initiative that, once established, could overcome some of the problems. The Peace Facility proposes to establish an African peacekeeping fund of up to €250 million by carving off 1,5% of the EU assistance provided to each African country and placing it at the disposal of the Union.
In accordance with the decision of the 2001 Lusaka Summit, the Central Organ was incorporated as an institution of the African Union on 26th December 2003 when the Protocol establishing the Peace and Security Council (see below) entered into force having received the required 27 ratifications.
The objectives outlined in the OAU Charter were to promote the unity and solidarity of African States; co-ordinate and intensify their co-operation and efforts to achieve a better life for the peoples of Africa; defend their sovereignty, territorial integrity and independence; eradicate all forms of colonialism from Africa; promote international co-operation, giving due regard to the Charter of the United Nations and the Universal Declaration of Human Rights; co-ordinate and harmonise members' political, diplomatic, economic, educational, cultural, health, welfare, scientific, technical and defence policies.
In general, the African Union objectives are more comprehensive than those of the OAU. The objectives of the African Union, as contained in the Constitutive Act (Article 3), are to:
Achieve greater unity and solidarity between African countries and the peoples of Africa;
Defend the sovereignty, territorial integrity and independence of its Member States;
Accelerate the political and socio-economic integration of the continent;
Promote and defend African common positions on issues of interest to the continent and its peoples;
Encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights;
Promote peace, security, and stability on the continent;
Promote democratic principles and institutions, popular participation and good governance;
Promote and protect human peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments;
Establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations;
Promote sustainable development at the economic, social and cultural levels as well as the integration of African economies;
Promote cooperation in all fields of human activity to raise the living standards of African peoples;
Coordinate and harmonise the policies between the existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union;
Advance the development of the continent by promoting research in all fields, in particular in science and technology; and
Work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.
The Constitutive Act of the African Union provides for an Assembly of Heads of State and Government as the supreme organ of the Union which, as with the OAU Summit, meets annually. The Executive Council in turn is composed of the Ministers of Foreign Affairs of Member States and meets twice a year in ordinary session, similar to its predecessor, the OAU Council of Ministers. The Permanent Representatives Committee, composed of Permanent Representatives to the Headquarters of the Union in Addis Ababa, meets every month.
The Commission
The Commission serves as the secretariat of the Union. Article 2 of the Statutes of the Commission determines that the Commission is composed of a Chairperson, a Deputy Chairperson and eight Commissioners, although the Assembly may review this number. The Assembly determines the structure, functions, regulations and size of the Commission and elects the Chairperson and Deputy Chairperson of the Commission.
According to the Rules of Procedure of the Assembly each of Africa’s five regions is entitled to two of the ten Commissioners. The Chairperson and Deputy Chairperson may not be from the same region and are elected by a two-thirds majority vote of the Assembly. According to Article 6 of the Statutes at least one Commissioner from each region must be a woman. All 10 Commissioners are required to be “competent women or men with proven experience in the relevant field, commensurate leadership qualities and a good track record in government, parliament, international organizations or other relevant sectors of society.”
The Assembly endorses the 8 Commissioners elected by the Executive Council elected , on a regional basis, by secret ballot. The Commissioners may serve for a maximum of two terms of 4 years.
According to Article 3 of the Statutes the functions of the Commission include:
Implementing the decisions taken by other organs;
Coordinate and monitor the implementation of the decisions of the other organs of the Union in close collaboration with the PRC and report regularly to the Executive Council;
Assist member states in implementing Union programmes and policies, including CSSDCA and NEPAD;
Prepare strategic plans and studies for consideration of the Executive Council;
Take actions where a common position has been established;
Mobilize resources and devise appropriate strategies for self-financing, income generating activities and investment for the Union;
Ensure the promotion of peace, democracy, security and stability;
Provide operational support to the PSC;
The Chairperson of the Commission is directly responsible to the Executive Council for the effective discharge of his/her duties and serves as:
The Chief Executive Officer;
The legal representative of the Union; and
The Accounting Officer of the Commission.
If read together with the relevant provisions (Articles 9 and 10) in the Protocol on the PSC, the Chairperson of the Commission will eventually assume much of the political leadership regarding conflict prevention and mediation previously largely assigned to the (annual) Chairperson of the Assembly.
During the Maputo Summit in 2003 former President of Mali, Alpha Oumar Konare was elected to serve as chairperson of the Commission and Mr Patrick Mazimhaka from Rwanda as deputy chairperson. The Deputy Chairperson is in charge of the administration and finance of the Commission and acts as Chairperson when required.
According to Article 12 of the Statutes the portfolios of the Commission (with the names of the Commissioners who assumed office on 1st September 2003 and in March 2004) are as follows:
Peace and Security (Conflict Prevention, Management and Resolution, and Combating Terrorism) – Amb Saïd Djinnit from Algeria
Political Affairs (Human Rights, Democracy, Good Governance, Electoral Institutions, Civil Society Organizations, Humanitarian Affairs, Refugees, Returnees and Internally Displaced Persons) - Ms Julia Dolly Joiner from The Gambia
Infrastructure and Energy (Energy, Transport, Communications, Infrastructure and Tourism) - Mr Bernard Zoba from Congo-Brazzaville
Social Affairs (Health, Children, Drug Control, Population, Migration, Labour and Employment, Sports and Culture) – Adv (Ms) Bience Philomina Gawanas from Nambia
Human Resources, Science and Technology (Education, Information Technology Communication, Youth) – Dr Nagia Mohammed Assayed from Libya
Trade and Industry (Trade, Industry, Customs and Immigration Matters) - Ms Elisabeth Tankeu from Cameroon
Rural Economy and Agriculture (Rural Economy, Agriculture and Food Security, Livestock, Environment, Water and Natural Resources and Desertification) Ms Rosebud Kurwijila from Tanzania
Economic Affairs (Economic Integration, Monetary Affairs, Private Sector Development, Investment and Resource Mobilization) Dr Maxwell M Mkwezalamba from Malawi
Since gender issues are crosscutting through all the portfolios of the Commission, a special unit was established in the Office of the Chairperson to coordinate all activities and programmes of the Commission related to gender issues.
New organs of the AU, which are in various stages of implementation, include the Peace and Security Council, the Pan African Parliament, the African Court of Justice, the Economic, Social and Cultural Council (ECOSOCC), three envisaged financial institutions (an African Central Bank, African Investment Bank and African Monetary Fund) and seven specialized technical committees.
Figure 1: The Structure of the African Union (PDF)
Figure 2: The Structure of the Commission of the AU (PDF)
Figure 3: Office of the Chairperson (PDF)
Figure 4: Office of the Deputy Chairperson (PDF)
Figure 5: The Structure of the Peace and Security Council (PDF)
The Peace and Security Council
The Protocol Establishing the Peace and Security Council entered into force on 26 December 2003 and replaced the OAU Mechanism for Conflict Prevention, Management and Resolution as “ … a standing decision-making organ for the prevention, management and resolution of conflicts. The Peace and Security Council shall be a collective security and early-warning arrangement to facilitate timely and efficient response to conflict and crisis situations in Africa . The Peace and Security Council shall be suppor ted by the Commission, a Panel of the Wise, a Continental Early Warning System, an African Standby Force and a Special Fund.” (Art 5(2) of the Constitutive Act).
According to Article 3 the objectives of the Peace and Security Council are to:
Promote peace, security and stability in Africa, in order to guarantee the protection and preservation of life and property, the well-being of the African people and their environment, as well as the creation of conditions conducive to sustainable development;
Anticipate and prevent conflicts. In circumstances where conflicts have occurred, the Peace and Security Council shall have the responsibility to undertake peace-making and peace-building functions for the resolution of these conflicts;
Promote and implement peace-building and post-conflict reconstruction activities to consolidate peace and prevent the resurgence of violence;
Co-ordinate and harmonize continental efforts in the prevention and combating of international terrorism in all its aspects;
Develop a common defence policy for the Union, in accordance with article 4(d) of the Constitutive Act;
Promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts.
Included in the principles (Article 4 of the PSC Protocol) are the following:
Peaceful settlement of disputes and conflicts;
Early responses to contain crisis situations;
Respect for the rule of law, fundamental human rights and freedoms, the sanctity of human life and international humanitarian law;
Respect for the sovereignty and territorial integrity of Member States;
Non-interference by any Member State in the internal affairs of another;
Sovereign equality and interdependence of Member States;
Inalienable right to independent existence;
Respect of borders inherited on achievement of independence;
The right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity, in accordance with Article 4(h) of the Constitutive Act;
The right of Member States to request intervention from the Union in order to restore peace and security, in accordance with Article 4(j) of the Constitutive Act.
According to Article 5 of the Protocol the Peace and Security Council is composed of 15 Members elected on the basis of equal rights, of which 10 serve for two years and 5 for three years. The Council meets at least twice a month at the level of Permanent Representatives, and annually at the level of Ministers and Heads of State and Government. The Protocol on the Peace and Security Council provides that meetings of the Council are to be closed, but that the Council may decide to hold open meetings during which “… civil society organization involved and/or interes ted in a conflict or a situation under consideration by the Peace and Security Council may be invi ted to participate, without the right to vote, in the discussion relating to that conflict or situation.” Perhaps more important than participation in open meetings of the Peace and Security Council, the Council may also hold informal ‘consultation’ with civil society organizations “…as may be needed for the discharge of its responsibilities.”
Countries standing for election have to meet the following criteria:
Commitment to uphold the principles of the Union;
Contribution to the promotion and maintenance of peace and security in Africa – in this respect, experience in peace support operations would be an added advantage;
Capacity and commitment to shoulder the responsibilities entailed in membership;
Participation in conflict resolution, peace-making and peacebuilding at regional and continental levels;
Willingness and ability to take up responsibility for regional and continental conflict resolution initiatives;
Contribution to the Peace Fund and/or Special Fund crea ted for specific purpose;
Respect for constitutional governance, in accordance with the Lomé Declaration, as well as the rule of law and human rights;
Having sufficiently staffed and equipped Permanent Missions at the Headquarters of the Union and the United Nations, to be able to shoulder the responsibilities which go with the membership; and
Commitment to honour financial obligations to the Union.
A retiring Member of the Peace and Security Council is eligible for immediate re-election.
According to Article 6 of the Protocol, the Council will perform functions in the following areas:
Promotion of peace, security and stability in Africa;
Early warning and preventive diplomacy;
Peace-making, including the use of good offices, mediation, conciliation and enquiry;
Peace support operations and intervention, pursuant to article 4 (h) and (j) of the Constitutive Act;
Peace-building and post-conflict reconstruction;
Humanitarian action and disaster management;
Any other function as may be decided by the Assembly.
Included in its powers (Article 7) the PSC, in conjunction with the Chairperson of the Commission, may:
Authorize the mounting and deployment of peace support missions;
Recommend to the Assembly intervention in a Member State in respect of grave circumstances, namely war crimes, genocide and crimes against humanity;
Institute sanctions whenever an unconstitutional change of Government takes place;
Implement the common defence policy of the Union;
Ensure the implementation of the OAU Convention on the Prevention and Combating of Terrorism and harmonize and coordinate efforts at regional and continental levels to combat international terrorism (the AU Plan of Action on the Prevention and Combating of Terrorism was adopted in Algiers in September 2002);
Ensure that any external initiative in the field of peace and security on the continent takes place within the framework of the Union’s objectives and priorities;
Follow-up the progress towards the promotion of democratic practices, good governance, the rule of law, protection of human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law by Member States;
Support and facilitate humanitarian action in situations of armed conflicts or major natural disasters.
The final sections of Article 7 of the Protocol on the PSC provides that Member States:
Agree that in carrying out its duties the Peace and Security Council acts on their behalf.
Agree to accept and implement the decisions of the Peace and Security Council, in accordance with the Constitutive Act.
Shall extend full cooperation to, and facilitate action by the Peace and Security Council for the prevention, management and resolution of crises and conflicts.
Regarding decisions:
Two-thirds of the members of the PSC (i.e. 10) constitute a quorum.
Decisions are generally guided by the principle of consensus but where this is not possible decisions on procedural issues are adopted by simple majority and others by two-thirds majority of Members voting.
The PSC Protocol expands the role of the Chairperson of the Commission considerably (Article 10), assisted by the Commissioner in charge of Peace and Security, and who must:
Under the authority of the Peace and Security Council, and in consultation with all involved parties, deploy efforts and take all appropriate initiatives to prevent, manage and resolve conflicts.
Bring to the attention of the Peace and Security Council any matter, which, in his/her opinion, may threaten peace, security and stability in the Continent;
May bring to the attention of the Panel of the Wise any matter which deserves their attention;
May, at own initiative or when so requested by the Peace and Security Council, use his/her good offices, either personally or through special envoys, special representatives, the Panel of the Wise or the Regional Mechanisms, to prevent potential conflicts, resolve actual conflicts and promote peace-building and post-conflict reconstruction.
Ensure the implementation and follow-up of the decisions of the Peace and Security Council, including mounting and deploying peace support missions authorized by the Peace and Security Council.
Article 11 provides for the establishment of a Panel of the Wise in order to support the efforts of the Peace and Security Council and those of the Chairperson of the Commission, particularly in the area of conflict prevention. The Panel will be composed of five highly respected African personalities selected by the Chairperson of the Commission after consultation with the Member States concerned, on the basis of regional representation and appointed by the Assembly to serve for a period of three years.
Article 12 provides for the establishment of a Continental Early Warning System. Once established, the heart of the Continental Early Warning System will consist of a Situation Room that will be part of the Peace and Security Department. The Situation Room will, in turn, be linked to the observation and monitoring units of regional organizations such as those being established within the Economic Community of West African States (ECOWAS). These are to collect and process data at their respective levels and transmit the same to the continental Situation Room.
The CEWS is specifically mandated to collaborate with the United Nations, its agencies, other relevant international organizations, research centres, academic institutions and NGOs. The information gathered through the CEWS will then be used “… timeously to advise the Peace and Security Council on potential conflicts and threats to peace and security in Africa and recommend the best course of action. The Chairperson of the Commission shall also use this information for the execution of the responsibilities and functions entrusted to him/her under the presentProtocol [on the Peace and Security Council].”
The PSC Protocol determines that the Continental Early Warning System is to collect and analyze country data on the basis of an appropriate ‘early warning indicators module’. This module must be based on political, economic, social, military and humanitarian indicators.
Article 13 provides for the establishment of an African Standby Force composed of standby multidisciplinary contingents, with civilian and military components in their countries of origin and ready for rapid deployment at appropriate notice. The Force shall, inter alia, perform functions in the following areas:
Observation and monitoring missions;
Other types of peace support missions;
Intervention in a Member State in respect of grave circumstances or at the request of a Member State in order to restore peace and security, in accordance with Article 4(h) and (j) of the Constitutive Act;
Preventive deployment;
Peace-building, including post-conflict disarmament and demobilization;
Humanitarian assistance to alleviate the suffering of civilian population in conflict areas and support efforts to address major natural disasters; and
Any other functions as may be mandated by the Peace and Security Council or the Assembly.
These operations will be funded by assessed contributions from Member States based on their contributions to the regular budget of the Union (Article 21).
A series of meetings of African Chiefs of Defence Staff and Ministers of Defence and Security took place in 2003 and 2004 to flesh out the details of the African Standby Force and the Common African Defence and Security Policy. A draft framework for the latter was agreed upon by Minister of Defence and Security in January 2004. At their Second Extra-Ordinary Session in Sirté in February 2004, Africa ’s leaders confirmed their intention to establish an African Standby Force and adopted a Solemn Declaration on a Common African Defence and Security Policy. The Executive Council meeting held prior to the Assembly came to the conclusion that the proposal from Libya for a single African army was ahead of its time, and that the AU should rather focus on the creation of the standby force.
The Solemn Declaration commits member states to the process of developing “a common position on matters relating to defence”, “to promote mutual trust and confidence among African States” in the area of defence and security, and “to cooperate in defence matters, through training of military personnel; exchange of military intelligence and information (subject to restrictions imposed by national security); the development of military doctrine; and building of collective capacity”.
The declaration contains an important statement of the definition of common security, which:
“…encompasses both the traditional, state-centric notion of the survival of the state and its protection by military means from external aggression, as well as the non-military notion which is informed by the new international environment and the high incidence of intra-state conflict. The causes of intra-state conflict necessitate a new emphasis on human security… this embraces such issues of human rights; the right to participate fully in the process of governance; the right to equal development…[whereby] the aim would be to safeguard the security of individuals, families, communities and the state…”
Finally, the Military Staff Committee composed of the Chiefs of Defence Staff or their representatives (of the countries serving on the PSC) will advise and assist the Council in all questions relating to military and security requirements.
The Protocol Establishing the Pan-African Parliament entered into force on 14 December 2003. The Parliament was inaugurated in Addis Ababa on 18 March 2004 and held its first session in Addis Ababa from 18-20 March 2004. The President of the Parliament is Ms Gertrude Mongella from Tanzania.
According to Article 2(3) of the Protocol to the AEC Treaty that established the Parliament: “The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage. However, until such time as the Member States decide otherwise by an amendment to this Protocol:
The Pan-African Parliament shall have consultative and advisory powers only; and
The Members of the Pan-African Parliament shall be appointed ...” [i.e. not elected]
Article 2 also states that the parliamentarians represent all the people of Africa and that the five MPs chosen from each country must “reflect the diversity of political opinions in each National Parliament or deliberative organ”.
The African Commission on Human and Peoples’ Rights was establishment in 1987. Situated in the Gambian capital of Banjul, the Commission is severely under-funded and not well known. It submits reports to the Assembly of the Union.
The Commission is composed of eleven members elected by secret ballot by the Assembly for a six year renewable term. The members serve in their personal and individual capacity. It elects among its members a Chairman and Vice-Chairman for a two year renewable period, the Secretary to the Commission being appointed by the Chairperson of the Commission of the African Union.
The Commission holds two ordinary sessions per year and may meet, if need be, in extraordinary sessions. It may invite States, national liberation movements and specialized institutions to take part in public sittings, which may also be attended by non-governmental organizations with observer status.
The Commission is officially charged with the promotion and protection of human and peoples' rights and the interpretation of the African Charter on Human and Peoples' Rights.
Within the framework of its promotional role, the functions of the Commission are inter alia:
To collect documents, undertake studies and research on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and should the case arise, give its views or make recommendations to Governments.
To formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African governments may base their legislation.
To cooperate with other African or international institutions concerned with the promotion and protection of human and peoples' rights.
To consider the periodic reports of States on the legislative or other measures adopted to give effect to the rights and freedoms recognized and guaranteed in the African Charter.
Within the framework of its protective role, the Commission is charged with ensuring the protection of human and peoples' rights under the conditions laid down by the Charter and according to the rules provided for in the Rules of Procedure of the Commission.
Within the framework of its role of interpreting the African Charter on Human and Peoples' Rights, the Commission is charged with interpreting all provisions of the Charter at the request of a State Party, an institution of the African Union or an African Organization recognized by the AU.
The Protocol for the Establishment of the African Court on Human and Peoples’ Rights entered into force on 25 January 2004. The protocol took six years to be ratified by the required 15 member states and has the potential to establish a powerful mechanism for the enforcement of the human rights commitments contained in the AU Constitutive Act, the African Charter on Human and Peoples’ Rights and its additional protocols on the rights of women, children and refugees.
The Court will have the power to order compensation or reparations to victims of human rights violations. It has a wide jurisdiction over the interpretation and application of the African Charter on Human and Peoples’ Rights, and “any other relevant human rights instrument ratified by the States concerned.” (Article 3).
As it stands, the Protocol allows only African governments and intergovernmental organisations, such as SADC or ECOWAS, as well as the African Commission on Human and Peoples’ Rights, to bring cases before the Court. Article 34(6) provides for an additional declaration to be signed by a state party when it ratified the Protocol, “accepting the competence of the court to receive cases” from NGOs and individuals. So far, Burkina Faso is the only country to have made such a declaration.
The Constitutive Act of the AU lists as one of its objectives: “…to build a partnership between governments and all segments of civil society… promote democratic principles and institutions, popular participation and good governance… [and] participation of the African peoples in the activities of the Union .” There are essentially three vehicles for CSO engagement with the Union, namely accreditation to the AU, representation on ECOSOCC and through the Pan-African Parliament, being comprised of MP’s as representatives of the people.
According to the draft Statutes of ECOSOCC, the Council will be composed of 150 Civil Society Organizations (CSOs) representing social groups such as women, youth, the elderly and disabled persons; professional groups such as doctors, lawyers, media and business organisations; NGOs and community based organisations; organisations of workers and employers; and traditional leaders, academia, religious and cultural associations.
Of the 150 members, there will be two from each Member State; 24 transnational sectoral CSOs selected at regional and continental level; and 20 representing the African Diaspora. A fifty percent gender equality principle applies to this membership. Importantly, the draft protocol provides for a Selection Committee, made up of CSOs, to invite candidatures for membership to ECOSOCC and process applications for membership.
Convention Governing the Specific Aspects of Refugee Problems in Africa. Adopted on 10 September 1969, entered into force on 20 June 1974.
Convention for the Elimination of Mercenarism in Africa. Adopted on 3 July 1977, entered into force on 22 April 1985.
African Charter on Human and Peoples’ Rights. Adopted on 27 June 1981, entered into force on 21 October 1986.
African Charter on the Rights and Welfare of the Child. Adopted on 11 July 1990, entered into force on 29 November 1999.
Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa. Adopted in January 1991, entered into force on 22 April 1998.
African Nuclear Weapons Free-Zone Treaty (The Treaty of Pelindaba). Opened for signature on 11 April 1996, not yet entered into force.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. Adopted on 9 June 1998, entered into force on 25 January 2004.
Convention on the Prevention and Combating of Terrorism. Adopted on 13 July 1999 , entered into force in October 2002.
Protocol Establishing a Pan-African Parliament. Adopted on 2 March 2001, entered into force on 14 December 2003.
Protocol Establishing the Peace and Security Council. Adopted on 9 July 2002, entered into force on 26 December 2003.
Convention on Preventing and Combating Corruption. Adopted on 11 July 2003, not yet entered into force.
Protocol Establishing the Court of Justice. Adopted on 11 July 2003 , not yet entered into force.
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. Adopted on 11 July 2003, not yet entered into force.
This profile was compiled by the Institute for Security Studies. Please send comments and/or corrections to: nico@iss.org.za