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Website: www.africa-union.org

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Member States

 

Morocco is the only African country that is not a member of the African Union. The AU currently has 53 members:

 

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, São Tomé and Príncìpe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe.

 

Regions of the African Union

 

It is important to make a distinction between the regions of the AU (used for internal purposes) and the various Regional Economic Communities (RECs), such as IGAD and ECOWAS, that are recognised by the AU.

 

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 regions of the OAU, namely, Northern, Western, Central, Eastern, and Southern”. The geographical distribution of the five regions is currently as follows:

• Northern Africa, Six Member States: Algeria, Egypt, Libya, Mauritania, Tunisia and Saharawi Arab Democratic Republic.
• Western Africa, Fifteen Member States: Benin, Burkina Faso, Cape Verde, Cote d’Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
• Central Africa, Nine Member States: Burundi, Cameroon, Central African Republic, Chad, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon and Sao Tome & Principe.
• Eastern Africa, Thirteen Member States: Comoros, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tanzania and Uganda.
• Southern Africa, Ten Member States: Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe.
  

 

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History and Background

The OAU and the AEC

The African Union is the successor organisation to the Organisation of African Unity (OAU) and the African Economic Community (AEC). The OAU was established on 25 May 1963, with its headquarters in Addis Ababa, Ethiopia. At that Conference of Independent African States 30 of the 32 independent African states signed the OAU Charter. The remaining two, Togo and Morocco signed before the end of that year. Morocco withdrew from the OAU in 1985, after admission of Western Sahara. It is now the only African state that does not belong to the AU.

The objectives outlined in the OAU Charter were to promote the unity and solidarity of African states; coordinate and intensify their cooperation 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 cooperation, giving due regard to the Charter of the United Nations and the Universal Declaration of Human Rights; coordinate and harmonise members` political, diplomatic, economic, educational, cultural, health, welfare, scientific, technical and defence policies.

In 1980, the OAU Extraordinary Summit adopted the Lagos Plan of Action as a major step towards the goal of integration. The commitments in this 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 OAU Summit. The AEC Treaty has been in operation since May 1994 when the required number of instruments of ratification was deposited with the secretary-general of the OAU/AEC.

The inaugural AEC Summit took place in Harare on 2 June 1997, and 52 of the 53 OAU member states became members of the AEC. Eritrea was the only member state that did not sign the Abuja Treaty and attended meetings as an observer. Morocco, not being an OAU (or AU) member, has also not signed the Treaty. Since May 1994, the OAU therefore operated on the basis of the OAU Charter as well as the AEC Treaty, and the organisation was officially referred to as the OAU/AEC.

The AEC’s Economic and Social Commission (ECOSOC) was envisaged as the main technical policy making organ of the Community. Established under Article 15 of the Abuja Treaty its functions, as elaborated in Article 16, included preparation of policies, programmes and strategies for co-operation in the socio-economic field, to co-ordinate and harmonise activities in this field, and also to examine the reports of all the Specialised Technical Committees. In addition, it was responsible for supervising the preparations of international negotiations, assessing their results and reporting to the OAU/AEC Summit through the Council of Ministers. The first Ministerial level session of the AEC/ECOSOC was held in Abidjan, Cote d`Ivoire, in November 1996 (for three days), preceded by a preparatory meeting of experts in May of the same year in Addis Ababa. This prepared the groundwork for the First (inaugural) session of the AEC Summit in Harare, in June 1997. One major outcome of this inaugural session was the approval of the Protocol on Relations between the AEC and Regional Economic Communities (RECs) as a framework for co-ordination and harmonisation of the activities and programmes among the RECs and with those of the AEC.

The Second Ministerial Session of the AEC/ECOSOC was held in Cairo in April 1998 to prepare for the Second AEC Summit held in Ouagadougou in June 1998, and deal with important international negotiations, including the proposed OAU-EU Summit, the WTO, TICAD II and the new ACP-EU Convention among others. It also dealt with various sectoral issues relating to the implementation of the AEC Treaty.

The Third Session of the AEC/ECOSOC was held in Addis Ababa in June 1999 to examine Africa`s preparations for the major international conferences and the implementation of the AEC Treaty. That Third Session adopted important recommendations relating to the negotiations of a new co-operation agreement between the ACP and EU states to replace the 4th Lomé Convention; Africa`s participation in the Third WTO Ministerial Conference; Africa`s external debt problems; and programmes in the industry, energy, finance and transport and communication sectors.

The Lusaka Summit in 2001 (37th Ordinary Session) that prepared for the transition from the OAU to the AU 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 ECOSOCC (Article 22) as “an advisory organ composed of different social and professional groups”. By that stage ECOSOC had fallen into disuse. See the separate ISS Profile on ECOSOCC.

After the signing 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 Sirte, 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 (see Sirte Declaration).

With the establishment of the African Union, the provisions of the AEC Treaty were brought into line with the Constitutive Act of the African Union. Article 33(2) states 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 (PAP), 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. See the separate ISS Profile on PAP.

The African Union

The Constitutive Act of the African Union was adopted during the Lomé Summit of the OAU on 11 July 2000. The Lusaka Summit in 2001 (37th Ordinary Session) subsequently 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 Durban, South Africa, in July 2002.

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. Within the AU the CSSDCA initiative has largely been overtaken by events and the unit dealing with it has been renamed the African Citizens Directorate Organisation (CIDO), located within the office of the Chairperson.

During the July 2001 Lusaka Summit African leaders also adopted the New Partnership for Africa’s Development (NEPAD). 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. See the separate ISS Profiles on NEPAD and the APRM.

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Objectives

• 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 co-operation, 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 and 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 co-operation in all fields of human activity to raise the living standards of African peoples;
• Co-ordinate 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.

Structure

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, originally met annually – an arrangement subsequently changed to allow for two regular meetings per year in January and July. The Executive Council 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 (PRC), composed of Permanent Representatives to the Headquarters of the Union in Addis Ababa (usually the head of African states` diplomatic representative to Ethiopia) meets every month. The general practice is that the Assembly of Heads of State and Government occurs after the Executive Council meeting, which in is held after the Permanent Representative Committee meeting.

Figure 1: The Structure of the African Union (PDF)

The Commission

The Commission serves as the secretariat of the Union. Article 2 of the Statutes of the Commission states that the Commission should be 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 ten 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 organisations or other relevant sectors of society.” The Assembly endorses the eight 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 four years.

During the 10th Ordinary Summit of AU Heads of State and Government held in Addis Ababa, Ethiopia, seven new commissioners were elected. Election for the post of Commissioner of Rural Economy and Agriculture will be conducted at an extraordinary metting of the Council of Ministers sometime in the first week of April 2008 in Arusha, Tanzania. The elections was postponed to conform to the African Union rules in respect to regional and Gender balance. Of Africa`s five regions, the eastern region did not have a female commissioner during the election. The post of Commissioner for Rural Economy and Agriculture has therefore been reserved for a female candidate from the eastern region.

Figure 2: Macro Structure of the AU Commission in Addis Ababa (PDF)

Figure 3: Reporting to the Chairperson (PDF)

Figure 4: Detail Structure of the Office of the Chairperson (PDF)

According to Article 3 of the Statutes, the functions of the Commission include to:

• Implement the decisions taken by other organs;
• Co-ordinate and monitor the implementation of the decisions of the other organs of the Union in close collaboration with the Permanent Representative Committee (PRC) and to 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:
• Mobilise 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 Peace and Security Council (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 Peace and Security Council, 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 Addis Ababa Summit in January 2008, Mr. Jean Ping, Gabon`s Minister of Foreign Affairs was elected to serve as chairperson of the Commission, and Mr Erastus Mwencha, from Kenya, as deputy chairperson. Mr. Mwencha is currently the Secratary General of the Common Market for Eastern and Southern Africa (COMESA). The Deputy Chairperson is in charge of the administration and finance of the Commission and acts as Chairperson when required. The portfolios of the Commission (with the names of the Commissioners who assumed office in September 2003 and March 2004) are as follows:

• Peace and Security (Conflict Prevention, Management and Resolution, and Combating Terrorism) – Mr Ramtane Lamamra 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) - Mrs. Elham Mahmood Ahmed Ibrahim from Egypt
• Social Affairs (Health, Children, Drug Control, Population, Migration, Labour and Employment, Sports and Culture) – Adv Bience Philomina Gawanas, from Namibia
• Human Resources, Science and Technology (Education, Information Technology Communication, Youth) – Mr. Jean Pierre Onvehoun from Benin
• 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) Tumusiime Rhoda Peace, from Tanzania
• Economic Affairs (Economic Integration, Monetary Affairs, Private Sector Development, Investment and Resource Mobilization) Dr Maxwell M Mkwezalamba, from Malawi

Since gender issues cut across all the portfolios of the Commission, a special unit was established in the Office of the Chairperson to co-ordinate 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 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 various specialised technical committees. The African Centre for Study and Research on Terrorism, also part of the AU, is based in Algiers.

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The Peace and Security Council (PSC)

Background – the Mechanism for Conflict Prevention, Management and Resolution

The reluctance of OAU member states to intervene in conflicts during the first two decades of the organisation`s existence is reflected in the lack of operationalisation of the Commission of Mediation, Conciliation and Arbitration provided for in the Charter of the OAU. The Commission was envisaged as one of the four principal organs of the OAU and was to consist of 21 elected persons but its permanent status was revoked in 1970 at the Summit in Addis Ababa and it fell 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. In June 1993, during the 29th Ordinary Summit in Cairo, the OAU Heads of State and Government adopted the declaration to establish a Mechanism for Conflict Prevention, Management and Resolution, within the OAU.

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 preventative 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 OAU operational activities relating to conflict management and resolution.

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 accredited to the OAU. The Central Organ assumed the overall direction and co-ordinated the 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 a conflict, was to undertake efforts to take all appropriate initiatives to prevent, manage and resolve conflict.

The PSC Objectives, Structure and Composition

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 supported 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). The PSC may establish such subsidiary bodies as it deems necessary for the performance of its functions. At the initial stage, the PSC concluded that the following committees could be established as needed and on a case-by-case basis in the future: a Resource Mobilisation Committee with each region being represented; a Committee on Procedures and Mechanisms for Peace Support Operations with each region being represented, and Preparation of the Report of the Peace and Security Council on its Activities and the State of Peace and Security in Africa.

Figure 6: The Structure of the Peace and Security Council (PDF)

According to Article 3 of the PSC Protocol, 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 harmonise 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 Member countries, elected on the basis of equal rights, of which ten serve for two years and five 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 organizations involved and/or interested in a conflict or a situation under consideration by the Peace and Security Council may be invited 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.” Consequently, in conformity with the provisions of the Protocol, the Peace and Security Council holds the following types of meetings: consultations; closed sessions during which decisions are taken; and open sessions to receive briefings and at the end of which no decisions are taken. Members of the Peace Security Council are expected to refrain from making substantive comments or raising questions requiring substantive discussion during public meetings.

Countries standing for election to the council 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 peace building 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 created 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. However, there shall be a periodic review by the Assembly to assess the extent to which the Members of the Peace and Security Council continue to meet the requirements spelt out in article 5(2) and to take action as appropriate.

The following members of the PSC were elected for a two-year term at the Addis Ababa Summit in January 2008:

• Benin - West (replaced Ghana/Senegal)
• Burkina - West (re-electedl)
• Mali - West (replaced Ghana/Senegal)
• Burundi- Central Africa (replaced Cameroon/Congo Brazzaville)
• Chad - Central Africa (replaced Cameroon/Congo Brazzaville)
• Rwanda - East Africa ( re-elected)
• Uganda - East (re-elected )
• Tunisia - North (replaced Egypt)
• Swaziland - South (replaced Botswana/Malawi)
• Zambia - South (replaced Botswana/Malawi)

The following members of the PSC were elected for a three-year term (as from March 2007) at the Addis Ababa Summit in January 2007:

• Gabon - Central (re-elected)
• Ethiopia - East (re-elected)
• Algeria - North (re-elected)
• Angola - South (replaced South Africa)
• Nigeria - West (re-elected)

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 provide 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.

The Chair of the Peace and Security Council shall be held in turn by the Members of the Peace and Security Council in the alphabetical order of their names. Each Chairperson holds office for one calendar month.

The PSC Protocol expands the role of the Chairperson of the AU Commission considerably (Article 10), assisted by the Commissioner in charge of Peace and Security, 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;
• 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 authorised by the Peace and Security Council.

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Panel of the Wise

Article 11 of the PSC Protocol 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 is 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.

During the January 2007 Summit the following African personalities were appointed as members of the Panel of the Wise:

• Salim Ahmed Salim, former Secretary-General of the Organization of African Unity (East Africa)
• Brigalia Bam, Chairperson of the Independent Electoral Commission of South Africa (Southern Africa)
• Ahmed Ben Bella, former President of Algeria (North Africa)
• Elisabeth K. Pognon, President of the Constitutional Court of Benin (West Africa)
• Miguel Trovoada, former President of Sao Tomé and Principé (Central Africa)

African Standby Force

Considering the African Standby Force (ASF) entered into force barely 17 months after being signed, this demonstrates a serious political commitment to conflict prevention and a multidimensional approach to conflict management on the continent. Thus, ASF is another evidence of Africa’s commitment to human security as the defining paradigm in security discourse on the continent. The ASF constitutes of five standby brigade level forces, one in each of Africa’s five regions, supported by civilian police (CivPol) and other capacities. When fully established, the ASF will consist of standby multidisciplinary contingents, with civilian and military components located in their countries of origin and ready for rapid deployment anywhere in Africa, and possibly even outside the continent.

The purpose of the African Standby Force is to provide the African Union with capabilities and capacity to respond to:

• 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 in order to prevent (i) a dispute or a conflict from escalating, (ii) an ongoing violent conflict from spreading to neighboring areas or States, and (iii) the resurgence of violence after parties to a conflict have reached an agreement.;
• 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;
• Any other functions as may be mandated by the Peace and Security Council or the Assembly.

The PSC is the strategic level decision-making body that mandates ASF peace support missions within the framework of the Charter of the United Nations. Once mandated, missions are placed under the command and control of a Special Representative of the Chairperson of the AU Commission (SRCC). The chairperson also appoints a force commander, commissioner of police and head of the civilian components. Mandates are approved by the PSC and once deployed, ASF forces come under AU command and control. Thereafter the chairperson submits periodic progress reports to the PSC on the implementation of the mandates and relies on the commissioner for peace and security to perform these tasks. The primary role of the five regional mechanisms is that of force generation and preparation (that is, pre-deployment activities) and the provision of planning, logistic and other support during ASF deployment.

Military Staff Committee

The Military Staff Committee composed of the Chiefs of Defence Staff or their representatives (of the countries serving on the PSC) is established in terms of Article 13 of the PSC Protocol to advise and assist the Council in all questions relating to military and security requirements. Any Member State not represented on the MSC may be invited by the Committee to participate in its deliberations when it is so required for the efficient discharge of the Committee’s responsibilities.

The Third Meeting of the African Chiefs of Defence Staff on the African Standby Force and the Military Staff Committee that met in Addis Ababa in May 2003 adopted a number of recommendations regarding the MSC. Amongst others these recommendations were that membership of the MSC should accord with those of the PSC and that the country holding the Chair of the PSC should also provide the Chair of the MSC.

Third Meeting of African Chiefs of Defence Staff, May 2003: Policy Framework for the Establishment of the African Standby Force and the Military Staff Committee (Part 1) (PDF)

Third Meeting of African Chiefs of Defence Staff, May 2003: The African Standby Force and the Military Staff Committee (Part 2 - Annexes) (PDF)

The Meeting proposed the following military advisory functions for the MSC:

• To advise and assist the PSC in all questions relating to military and security requirements for the promotion and maintenance of peace and security in Africa;
• Similarly, to keep the Chiefs of Defence Staff (CDS) of Member States serving on the PSC and MSC well informed of all decisions of the PSC, and their implications on peace and security in Africa, in order to facilitate their deliberations and decisions during MSC meetings at the level of African Chiefs of Defence Staff (ACDS);
• To ensure that policies and actions in the fields of conflict prevention, management and resolution are consistent with sub-regional mechanisms;
• To enhance co-operation in the fields of early warning, conflict prevention, peacemaking, peacekeeping and post-conflict peace building through consultations with the Peace Support Operations Division (PSOD);
• Prior to submission of plans to the Chairperson, co-ordinate with the PSOD;
• Subject to the decision and authorization of the PSC, participate in or undertake visits to African Standby Force (ASF) missions, and other peacemaking and peace building functions for the resolution of conflicts;
• Carry out any other functions, which the PSC may entrust to it.
  

The Meeting further proposed that the MSC should be in permanent sessions and should meet at the level of Senior Military Officers and CDS. It should convene as often as required, prior to all meetings of the PSC at the level of the Senior Military Officers, but at least once a month, prior to meetings of the PSC, which they should also attend to offer any necessary clarifications and advice when invited to do so. The MSC should also convene normally once per year at the level of the CDS, and include Regional representatives, to discuss questions relating to the military and security requirements for the promotion and maintenance of peace and security in Africa, and to review the activities of the MSC.

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The Continental Early Warning System

In June 1995, the OAU summit in Addis Ababa 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 preventative or observer missions (such as those of the UN and OAU in Burundi and 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 Charter of the OAU did not, however, formally provide for such a system.

Article 12 of the PSC Protocol provides for the establishment of a Continental Early Warning System (CEWS). Once established, the heart of the 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 present Protocol [on the Peace and Security Council].”

The PSC Protocol determines that the Continental Early Warning System is to collect and analyse 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.

At its session held in Maputo, in July 2003, the Assembly of Heads of States and Government adopted decision Assembly/AU/Dec.16(ii) on the Operationalisation of the PSC Protocol, inviting the Commission to take the necessary steps for the establishment of the CEWS. As a follow-up to this decision, the Commission organised a workshop on the establishment of the CEWS, from 30 to 31 October 2003, in Addis Ababa. The workshop recommended that the AU:

• Begin with significant threats of violence and loss of life as the entry point for the AU’s early warning system;
• Build a measurable, verifiable and standard database that is simple, user friendly, based on multi-level and field-based sources;
• Develop an analytical capacity and expertise within the AU on early warning, conflict prevention and conflict management; and
• Establish diagnostic linkages between analysis and desired outcomes so as to provide the AU with regular reports on conflict situations.

Based on these recommendations, the Commission developed, in July 2005, a draft Roadmap for the Operationalisation of the CEWS while continuing with efforts to enhance and strengthen the capacity of the Situation Room. This includes the procurement of new equipment and a greater access to online information, to provide timely and up to date information and analysis on issues of relevance to the mandate of the Peace and Security Department.

In order to take stock of the initiatives taken both at continental and regional level, the Commission organised, from 25 to 27 April 2006, a consultative workshop on early warning, which included participants from the RECs, United Nations agencies and other key stakeholders. The workshop concluded with recommendations relating to data collection, strategic analysis, comparative indicators of the AU CEWS and the RECs, coordination and collaboration between the AU CEWS and the RECs, and engagement with decision-makers and response options.

The 57th meeting of the PSC, held on 21 June 2006 urged the Commission to hasten the process of implementation towards the full realisation of the continental peace and security architecture, including the CEWS. The Commission subsequently organized a meeting of governmental experts on early warning and conflict prevention in Johannesburg, South Africa, during December 2006, which agreed on the key steps to be taken for the full operationalisation of the CEWS, including the collection of data, strategic analysis of the data collected (through an appropriate CEWS indicators module), early warning reports and engagement with decision-makers, and the coordination and collaboration with the Regional Mechanisms and other stakeholders on conflict prevention and early warning in Africa.

Figure 6: Structure of the CEWS (PDF)

Peace Fund

Conflict prevention and management is a venture that demands enormous resources. Against this backdrop the AU has decided to create a peace fund. The operations of the Peace Fund shall be governed by the relevant Financial Rules and Regulations of the Union. The Peace Fund shall be made up of financial appropriations from the regular budget of Union, including arrears of contributions, voluntary contributions from Member States and from other sources within Africa, including the private sector, civil society and individuals, as well as through appropriate fund raising activities. The Chairperson of the Commission shall raise and accept voluntary contributions from sources outside Africa, in conformity with the objectives and principles of the Union. There shall also be established, within the Peace Fund, a revolving Trust Fund. The appropriate amount of the revolving Trust Fund shall b determined by the relevant Policy Organs of the Union upon recommendation by the Peace and Security Council.

The AU Peace Fund is its sole autonomous source of funding. However, at the present time it consists only of a 6% contribution taken out of the annual AU budget (currently running at about USD140 million.)

The Committee of Intelligence and Security Services in Africa (CISSA)

CISSA aims to act as an instrument for exchange of intelligence, pooling of resources, and development of capacity in dealing with continental security. The role and functions of CISSA include to:

• Coordinate strategies to facilitate interaction
• Develop and consolidate confidence-building measures among Intelligence Services
• Provide data and intelligence to the PSC
• Provide a platform for cooperation with similar organisations outside Africa
• Provide a back channel of communication
• Enhance the development of an endogenous African Security doctrine

The idea of CISSA came from a meeting of intelligence agencies from various countries held in Luanda, Angola, that was convened to discuss the rise in mercenarism in Africa. This followed an aborted coup attempt in Equatorial Guinea by a number of British and South African mercenaries in March 2004. The Luanda meeting established a Commission of Experts consisting of representatives from Algeria, Angola, Congo-Brazzaville, Côte d’Ivoire, Mozambique, Nigeria, Rwanda, South Africa, Sudan and Uganda. The subsequent draft Memorandum of Understanding (MOU) that was first discussed in Johannesburg in June 2004 proposed procedures for Member States to join CISSA and a structure consisting of the Conference, Panel of Experts and a Secretariat to be incorporated into the AU.

• The Conference consists of the Heads of Intelligence and Security Services of CISSA members, or their duly accredited representatives, and meets annually prior to the AU Assembly of Heads of State and Government held in July each year.
• The Panel of Experts consists of intelligence representatives from each member country and serves to ensure implementation of the decisions of the Conference.
• The Secretariat is based in Addis Ababa and headed by an Executive Secretary to be assisted by Heads of Department.

CISSA was subsequently inaugurated in Abuja on 25-26 August 2004 where 43 Intelligence and Security Services attended. Almost all AU member states have subsequently signed the MoU.

The AU Assembly subsequently endorsed the establishment of CISSA in January 2005 and directed that an Intelligence and Security Committee be located within the Office of the Chairperson of the AU Commission.

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Solemn Declaration on a Common African Defence and Security Policy

During the Second Extraordinary Assembly meeting in Sirte on 28th February 2004, AU Heads of State adopted a Solemn Declaration on a Common African Defence and Security Policy.

That 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 on the definition of security:

… ensuring the common security of Africa involves working on the basis of a definition 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, based not only on political values but on social and economic imperatives as well. This newer, multi-dimensional notion of security thus embraces such issues as human rights; the right to participate fully in the process of governance; the right to equal development as well as the right to have access to resources and the basic necessities of life; the right to protection against poverty; the right to conducive education and health conditions; the right to protection against marginalization on the basis of gender; protection against natural disasters, as well as ecological and environmental degradation. At the national level, the aim would be to safeguard the security of individuals, families, communities, and the state/national life, in the economic, political and social dimensions. This applies at the various regional levels also; and at the continental level, the principle would be underscored that the “security of each African country is inseparably linked to that of other African countries and the African continent as a whole.

AU Framework on Post Conflict Reconstruction

Post-Conflict Reconstruction and Development (PCRD) is defined as a comprehensive set of measures that seek to: address the needs of countries emerging from conflict, including the needs of affected populations; prevent escalation of disputes; avoid relapse into violence; address the root causes of conflict; and consolidate sustainable peace. The PCRD Policy is a product of the AU Executive Council Decisions in Sirte, Libya, in 2005 and Banjul, The Gambia, in 2006 in which the former mooted the idea of developing the Policy while the latter approved it and in the process provided specific guidelines on its implementation.

The guidelines included the establishment of an AU Multi-dimensional Committee (AU-SMC); collaboration with the Regional Economic Communities (RECs), relevant United Nations (UN) and other institutions and African Non-Governmental Organisations (NGOs); development of operational guidelines for the adaptation of the Policy Framework at regional and national levels; the development of a database of African experts on PCRD; creation of an AU Volunteers programme; as well as strengthening of the capacity of relevant African NGOs to address post-conflict issues.

The PCRD process is necessarily crosscutting and therefore involves the participation by several actors within and outside the AU Commission. The close collaboration within the African Union Commission between the various departments has served the cause of PCRD well and its enhancement through the Peace and Security Department stipulated by the Banjul Decision on PCRD can only continue to do so. There has also been extensive participation by RECS and Civil Society Organisations (CSOs) in the process of the development of the Policy, including during the period of seeking ways and means of implementation. This partnership with RECs and NGOs will gather momentum as resources for implementation become available.

Security-Related Treaties and Protocols

• Convention Governing the Specific Aspects of Refugee Problems in Africa (PDF). Adopted on 10 September 1969, entered into force on 20 June 1974.
• Convention for the Elimination of Mercenarism in Africa (PDF). Adopted on 3 July 1977, entered into force on 22 April 1985.
• African Charter on Human and Peoples’ Rights (PDF). Adopted on 27 June 1981, entered into force on 21 October 1986.
• African Charter on the Rights and Welfare of the Child (PDF). 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) (PDF). 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 (PDF). Adopted on 9 June 1998, entered into force on 25 January 2004.
• Convention on the Prevention and Combating of Terrorism (PDF). Adopted on 13 July 1999, entered into force in October 2002.
• Protocol Establishing a Pan-African Parliament (PDF). Adopted on 2 March 2001, entered into force on 14 December 2003.
• Protocol Establishing the Peace and Security Council (PDF) Adopted on 9 July 2002, entered into force on 26 December 2003.
• Convention on Preventing and Combating Corruption (PDF). Adopted on 11 July 2003, not yet entered into force.
• Protocol Establishing the Court of Justice (PDF). 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 (PDF). Adopted on 11 July 2003, entered into force on 25 November 2005.