Compendium of Key Documents relating to Peace and Security in Africa

Monica Juma

Description

This Compendium contains key official documents on peace and security in Africa covering the period between 1963 and the end of 2005. The Compendium is part of an evolving Series on Peace and Conflict in Africa published by the United Nations-affiliated University for Peace (UPEACE). The main objective of the Series is to make material which can be used by African universities in courses dealing with issues of peace readily accessible to lecturers, students and researchers.This Compendium is a joint publication of the Africa Programme of UPEACE and SaferAfrica. It shall be used in conjunction with other publications in the Series, particularly the collection of extracts from seminal texts contained in Conflict Prevention, Management and Resolution in Africa: A Reader.Publications in the Series so far include a Compendium of Key Human Rights Documents of the African Union as well as Human Rights, Peace and Justice in Africa: A Reader. Publications on themes such as peace and development, gender and peacebuilding, media and peace, non-violent transformation of conflict, regional integration and peace, and endogenous methods of mediation and peacebuilding are also envisaged.About the editors:The Compendium has been edited by Monica Juma, with the assistance of Rafael Velásquez and Brittany Kesselman. The editor of the Series on Peace and Conflict in Africa is Christof Heyns.

Sujets

• Droit
• JUSTICE

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2006
• Nombre de lectures: 1
• Langue: English
• Poids de l'ouvrage: 4 Mo

Extrait

COMPENDIUM OF KEY DOCUMENTS RELATING TO PEACE AND SECURITY IN AFRICA

Editor: Monica Juma Assistant editors: Rafael Velásquez García & Brittany Kesselman

2006

Compendium of Key Documents Relating to Peace and Security in Africa

Published by: Pretoria University Law Press (PULP)

The Pretoria University Law Press (PULP) is a publisher that is based in Africa, launched and managed by the Centre for Human Rights and the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high–quality texts, which have been peer– reviewed, and which specifically focus on human rights as well as other aspects of public international law, in Africa.

For more information on PULP, see: www.chr.up.ac.za/pulp

Printed and bound by: ABC Press Cape Town

Cover design: Yolanda Booyzen and Lizette Besaans, Centre for Human Rights

Part of the UPEACE Series on Peace and Conflict in Africa Series Editor:Christof Heyns Titles in the Series include:  Compendium of Key Human Rights Documents of the African Union (also available in French and Arabic);  Compendium of Key Documents Relating to Peace and Security in Africa;  Human Rights, Peace and Justice in Africa: A Reader; and  Conflict Prevention, Management and Resolution in Africa: A Reader.

To order, contact: PULP or Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.chr.up.ac.za/pulp

ISBN:0–9585097–3–5

University for Peace Main Campus and Headquarters PO Box 138–6100 San José Costa Rica Tel: [phone] Fax: [phone] [e-mail] www.upeace.org

FOREWORD

PREFACE

INTRODUCTION

Table of Contents

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SECTION 1 – THE ORGANIZATION OF AFRICAN UNITY DURING THE COLD WAR (1963 – 1989)

OAU Charter (1963/1963) Resolution on Apartheid and Racial Discrimination (1964) Convention on Mercenarism in Africa (1977/1985)

SECTION 2 – TRANSITION PERIOD (1990 – 1999)

Cairo Declaration (1993) Declaration on the Establishment of a Mechanism for Conflict Prevention, Management and Resolution (1993) Pelindaba Nuclear Weapon–Free Zone Treaty (1995/) OAU Convention on Terrorism (1999/2003) Bamako Declaration on Small Arms and Light Weapons (2000)

SECTION 3 – THE NEW AFRICAN VISION (2000 – PRESENT)

1.

2.

3.

Treaties, Protocols and Declarations Constitutive Act of the AU (2000/2001) NEPAD Framework (2001) Declaration on Democracy, Political, Economic and Corporate Governance (2002) Protocol Relating to the Peace and Security Council (2002/2003) Protocol on Amendments to the Constitutive Act (2003/) Solemn Declaration on a Common African Defence and Security Policy (2004) Protocol to the OAU Convention on Terrorism (2004/) AU Non–Aggression and Common Defence Pact (2005/) Common African Position on the Proposed Reform of the UN (The Ezulwini Consensus) (2005)

Peace Support Operations Policy Framework for the Establishment of the African Standby Force (2003) Roadmap for the Operationalisation of the African Standby Force (2005)

Reports of the Chairperson of the AU Commission Report of the Interim Chairperson (2003)

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3 5 13

19

22 26 31 39

48 48 56

58 63 80

83 100 105

113

121

121

152

161 161

Report of the Commission on the Establishment of a Continental Peace and Security Architecture (2004) Report of the Chairperson (2005)

SECTION 4 – MECHANISMS FOR PEACE AND SECURITY IN AFRICA

1. AU Peace and Security Structures (a) Assembly of Heads of State and Government (b) Executive Council (c) Permanent Representatives Committee (PRC) (d) The Peace and Security Council (PSC) (e) African Peer Review Mechanism (APRM) APRM Base Document (2002) Objectives, Standards, Criteria and Indicators for the APRM (2003) APRM Organisation and Process (2003) Memorandum of Understanding on the APRM (2003) (f) Economic, Social and Cultural Council (ECOSOCC) Statutes of ECOSOCC (2004) (g) Pan–African Parliament (PAP) Protocol Relating to the Pan–African Parliament (2001/2003)

2.

Africa’s Regional Organisations (a) Arab Maghreb Union (AMU) Treaty Establishing the AMU (1989) (b) Common Market for Eastern and Southern Africa (COMESA) Treaty Establishing COMESA (1993/1994) (c) East African Community (EAC) Treaty Establishing the EAC (1999/2000) (d) Economic Community of Central African States (ECCAS) Treaty Establishing ECCAS (1983) Standing Orders of the Defence and Security Commission (2002) Standing Orders of the Central African Multinational Force (FOMAC) (2002) Standing Orders of the Central African Early Warning Mechanism (MARAC) (2002) (e) Economic Community of West African States (ECOWAS) Treaty of ECOWAS (1993) Protocol on Non–Aggression (1978) Protocol Relating to Mutual Assistance in Defence (1981) Declaration of a Moratorium on Light Weapons in West Africa (1998) Protocol Relating to the Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping and Security (1999) Protocol on Democracy and Good Governance (2001) (f) Intergovernmental Authority on Development (IGAD) Agreement Establishing IGAD (1996) Protocol on the Conflict Early Warning and Response

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194 205

225 225 226 226 226 227 228

232 238 247 250 250 251 252

254 256 256

257 257 258 258 262 262

263

267

273 275 276 277 278

284

285 303 315 315

Mechanism (CEWARN) (2002) Policy Framework for the Eastern Africa Standby Brigade (EASBRIG) (2005) (g) Southern African Development Community (SADC) Treaty of SADC (1992/1993) Protocol on Politics, Defence and Security Co–operation (2001/2004) SADC Mutual Defence Pact (2003/) Protocol on the Control of Firearms (2001/2004) Strategic Indicative Plan for the Organ on Politics, Defence and Security Co–operation (SIPO) (2004)

SECTION 5 – INTERNATIONAL PARTNERSHIPS

1.

2.

3.

4.

5.

United Nations UN Charter An Agenda for Peace (1992) UNSG Report on the Causes of Conflict and Promotion of Peace in Africa (1998) UN Declaration on NEPAD (2002) Report of the Panel on UN Peace Operations (Brahimi Report) (2000) Report of the High Level Panel on Threats, Challenges and Change (2004) Group of Major Industrialised Nations (G8) G8 Kananaskis Summit Africa Action Plan (2002) G8 Evian Summit Summary Report (2003) Joint Africa/G8 Plan to Enhance African Capabilities to Undertake Peace Support Operations (2003) G8 Sea Island Summit Action Plan (2004) G8 Gleneagles Summit Africa Report (2005) Consultation between the AU, the G8 Member Countries and African Peace and Security Institutions (2005) European Union (EU) Cotonou Agreement EU – AU Ministerial Meeting Final Communiqué (2005) Tokyo International Conference on African Development Tokyo Declaration on African Development: Towards the 21st Century (TICAD I) (1993) Tokyo Agenda for Action (TICAD II) (1998) TICAD Tenth Anniversary Declaration (TICAD III) (2003) Commission for Africa Our Common Interest (2005)

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317

323 329 329

331 338 341

348

368 368 373

388 417

418

429 441 441 453

459 464 467

477 481 481 485 491

491 497 500 506 506

Expositions of the AU Structures

Chart of Ongoing Peacekeeping Operations in Africa

Chart of Ratifications

SELECTED BIBLIOGRAPHY

USEFUL WEBSITES

PROFILES University for Peace, Africa Programme SaferAfrica Editor and Assistant Editors

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508

510

512

516

518

520 520 520 521

Foreword

Very few areas in the world have witnessed the diversity and intensity of conflicts that Africa has undergone in recent years. Africa has suffered both interstate wars (Ethiopia–Eritrea) and intrastate conflicts (eg, Central Africa’s Great Lakes Region and the ‘conflict–domino–effect’ throughout West Africa). Many of the most commonly recognised sources of violent engagements are present in Africa: underdevelopment, extreme poverty, human rights violations, bad governance, identity–based divisions and small arms pro– liferation, to mention but a few.

Nevertheless, dramatic changes are taking place in the international security arena. The concept of peace is being reconsidered, no longer taken only as the absence of war (negative peace) but also as being conditioned upon justice and social equity (positive peace). Today practitioners and academicians alike recognise that peace and development are, to a large extent, but two sides of the same coin.

Numerous initiatives have taken place at the political and diplomatic level, as well as on the regional, continental and international stage, in order to create appropriate mechanisms that will not only prevent, manage and resolve conflict situations, but also, and perhaps most importantly, ensure that a comprehensive strategy which links peace, security, good governance, economic growth and education is put in place. ThisCompendium bears witness to how African governments are committing themselves to conflict prevention, and hence the future of their people.

The African Union (AU) has adapted, and where needed created, institutions in order to improve its ability to deal with conflicts. Examples include the Peace and Security Council (PSC), the African Peer Review Mechanism (APRM) and the Pan African Parliament (PAP), among others. Subregional organi- sations such as the Economic Community of West African States (ECOWAS), the Intergovernmental Authority on Development (IGAD) and the Southern African Development Community (SADC) have also developed key capacities to manage and prevent conflict situations.

Strategies for international partnerships have also undergone change. Co– operation between the AU and its partners, particularly the European Union (EU), and the G8 have developed and intensified, in an attempt to address directly the subject of peace and security in Africa. Meanwhile, the involve- ment of civil society and non–governmental organisations has also gained greater prominence, as their participation within the APRM demonstrates.

The United Nations–affiliated University for Peace (UPEACE) and its partners should be congratulated for their contribution in support of these efforts through peace education.

The currentCompendiumis an invaluable resource for everyone engaged with the practice and theory of conflict and peace in Africa. It brings together between its covers the main documents outlining the mandates and responsibilities of the primary actors, including institutions that are involved in this field on the continent, and makes the adopted programmes of action in this regard accessible to a broader audience. In this way, theCompendium provides a basis and a springboard for a vigorous engagement with peace and security issues by intellectuals, students and decision makers of Africa. Hopefully, it will find its way into the research and teaching programmes of the universities of the continent.

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It has often been said that peace is a group effort, involving entire societies. TheCompendiumis a valuable contribution towards involving a broader cross– section of people from Africa in the continent’s all–important peace efforts.

Ambassador Said Djinnit Commissioner for Peace and Security, African Union Commission

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Preface

TheCompendium of Key Documents Relating to Peace and Security in Africa is part of the evolving Series on Peace and Conflict in Africa published by the Africa Programme of the United Nations–affiliated University for Peace (UPEACE), aimed at making the basic material on issues related to conflict and peace in Africa more accessible. TheCompendiumand introduces reproduces some of the main international documents dealing with this topic. It may be used on its own by peace practitioners and scholars, but could also be used in conjunction with theConflict Prevention, Management and Resolution in Africa: A Reader, as a collection of study materials for courses dealing with conflict and peace in Africa. TheReadercontains reprints and extracts of seminal writings on the topic, and as such complements the texts in theCompendium. UPEACE is also in the process of publishing other specialised compendium and reader packages as part of the Series on Peace and Conflict in Africa. A Compendium of Key Human Rights Documents of the African Union and Human Rights, Peace and Justice in Africa: A Readeralready been have published. Publications on the following themes are also envisaged:

 Peace and development;  Gender and peacebuilding;  Media and peace;  Non–violent transformation of conflicts;  Regional integration and peace; and  Endogenous methods of mediation and peacebuilding. The currentCompendium, with its general focus, should also serve as a source of reference for all the other publications.

It is hoped that through these publications UPEACE will provide those working in any field related to conflict and peace in Africa — and especially lecturers and students of the universities of Africa — with an opportunity to engage with the important texts on the different aspects of this critical topic.

We wish to thank the donors that are supporting the Africa Programme of UPEACE: The government of the Netherlands, the Canadian International Development Agency (CIDA), the Swedish International Development Co– operation Agency (SIDA) and the Swiss Agency for Development and Co– operation (SDC).

We thank Monica Juma and the members of the editorial team who have prepared theCompendium.

Dr Jean Bosco Butera Director, UPEACE Africa Programme

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Prof Christof Heyns Academic Coordinator, UPEACE Africa Programme and Director of the Centre for Human Rights, University of Pretoria

Introduction

This Compendium contains key documents on peace and security in Africa covering the period between 1963 and December 2005. Reflecting the historical evolution of the peace and security agenda in Africa, the Compendiumis organised in five sections.

Section One comprises documents generated between the launching of the Organization of African Unity (OAU) in 1963 and the collapse of the Berlin wall in 1989, signifying the end of the Cold War era.

Section Two looks at the period of transition on the continent — characterised by an upsurge of conflicts and wars — conceived by some analysts as the pangs of rebirth or the wave of the second liberation, identified with the expansion of democratic space.

Section Three turns to the new African vision embodied in the spirit of African renaissance, the creation of the New Partnership for Africa’s Development (NEPAD) and the transformation of the OAU into the African Union (AU).

Section Four focuses on Africa’s Regional Economic Communities (RECs), conceived as the building blocks of the African peace and security agenda.

Finally, Section Five lays out key documents resulting from various inter- national partnerships, such as Africa’s relationship with the United Nations and the G8.

Each of these sections begins with an introduction that contextualises the documents and events of the period. The basic documents are reproduced but in most cases, only relevant sections of documents have been extracted. In addition we provide website citations where further references and texts may be found, especially decisions of the various African peace and security organs. Some documents reprinted here are also available in theCompendium of Key Human Rights Documents of the African Unionpublished by (2005), UPEACE.

The objective of theCompendiumis to make available the main documents on, and act as a reference for, issues relating to peace and security in Africa. TheCompendiumwill be of use to practitioners, academics and policy makers in the field of conflict prevention, management and resolution in Africa.

TheCompendium is a joint publication of the United Nations–affiliated University for Peace, in particular its Africa Programme (www.upeace.org) and the Peace and Security Programme at SaferAfrica (www.saferafrica.org). Profiles of these institutions are provided at the end of the publication.

I had the privilege of working with an excellent team in assembling the Compendium, namely Rafael Velasquez and Karen Stefiszyn, both from the UN–affiliated University for Peace, and Brittany Kesselman and Siggi Nduvane (now deceased), from SaferAfrica. Yolanda Booyzen, Elwina Daniels and Lizette Besaans, from the Centre for Human Rights, provided IT assistance, formatted documents and supervised the production process respectively working under intense pressure. I am also grateful to individuals and research centres who have facilitated and encouraged the development of this publication. Frans Viljoen, Magnus Killander, Susan Precious, and Isabeau de Meyer (all from the Centre for Human Rights) provided great insight when they reviewed draft versions of this publication. The 26 participants (from 16 different African countries) of the UPEACE Africa Programme Short Course on

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Conflict Prevention, Management and Resolution (Pretoria, April 3–7, 2006) provided invaluable feedback on the suitability of the material in the Compendiuma source for teaching and research at African universities. as The African Centre for the Constructive Resolution of Disputes (ACCORD) and Annelize Nienaber from the Pretoria University Law Press (PULP) assisted with particular aspects of theCompendium.

Thanks also go to Jean–Bosco Butera, Director of the Africa Programme at UPEACE, Christof Heyns, Academic Coordinator of the UPEACE Africa Programme, Ameena Payne, Executive Director of the Africa Programme at UPEACE and Pal Martins, Director of the Peace and Security Programme at SaferAfrica, for their support, encouragement and direction during the assembling and production of this document.

While every care has been taken in the preparation of this compilation, any errors of omission or commission are mine. Statements and opinions expressed directly or implied do not necessarily reflect the views of UPEACE.

Dr Monica Kathina Juma Editor

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