1.3.1- The African Union
The Sirte Declaration led to the establishment of the AU
(African Union) in 2002 replacing the former OAU (Organization of African
union). The AU's Constitutive Act places a premium on the promotion of peace,
security and stability in Africa (Article 3 (f)). Also enshrined in its
principles are the peaceful resolution of conflicts; prohibition of the use of
force or threats to use force; and, unlike the OAU, rights to intervene in the
affairs of member states in «grave circumstances» related to war
crimes, genocide and crimes against humanity (Articles 4 (c ), (f) and (h)). It
was also intended to avoid over-reliance on UN PKOs (United Nations
Peacekeeping Operations) by seeking `African solutions to African problems'.
The Constitutive Act provides for several institutions to
carry out the operations of the AU. These include the Assembly, the Executive
Council, the Pan-African Parliament, the African Court of Justice, The
Commission, the Committee of Permanent Representatives, the Specialized
Technical Committee, and the Economic, Social and Cultural Council. The AU has
a number of special programs to facilitate its vision and quicken the
realization of its goals. These are NEPAD, the African Peer Review Mechanism
(APRM) and the Conference on Security Stability Development and Cooperation in
Africa (CSSDCA).
1.3.2- AU conflict intervention framework: the African
Peace and Security Architecture
The main AU mechanism for promoting peace and security is the
African Peace and Security Architecture (APSA). It consists of evolved
instruments or elements for conflict prevention, management and resolution in
the continent. The architecture is comprehensively outlined in the Protocol
relating to the establishment of the Peace and Security Council of the African
Union. The Peace and Security Council (PSC) which is the hub of the APSA was
established pursuant to Article 5(2) of the Constitutive Act of the AU, as a
collective security and early warning arrangements to facilitate timely and
efficient response to conflict and crisis situations in Africa.
The Constitutive Act and the PSC Protocol gives the AU the
power to create the structures and processes necessary for the establishment of
a comprehensive Peace and Security Architecture for the Continent. The
institutional structures of APSA include the Peace and Security Council (PSC),
the African Union Commission, the Common African Defense and Security Policy,
the Military Staff Committee (MSC), the Panel of the Wise (PoW), the
Continental Early Warning System (CEWS), the African Peace Fund (PF), and the
African Standby Force (ASF). However, six of these - the PSC, AUC, PoW, CEWS,
PF and the ASF - constitute the main pillars of APSA as explained below.
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The Peace and Security Council (PSC)
The PSC is the AU's standing decision-making organ for the
prevention, management and resolution of conflicts (PSC Protocol, Art. 2(1))
and the cornerstone of the APSA. The Council is composed of 15 members elected
on the basis of equal rights, 10 members elected for a term of 2 years, and 5
members elected for a term of 3 years in order to ensure continuity. With this
regard, article 7 of the PSC Protocol, stipulates that the PSC, in consultation
with the chairperson of the AU Commission, is mandated precisely to:
- Anticipate and prevent disputes and conflicts, as well as
policies that may lead to genocide and crimes against humanity;
- Undertake peace making and peace building functions to
resolve conflicts where they have occurred;
- Authorize the mounting and deployment of peace support
missions;
- Intervene on behalf of the AU in a member state's conflict
under grave circumstances, namely those involving war crimes, genocide, and
crimes against humanity, as defined in relevant international conventions and
instruments;
- Institute sanctions whenever an unconstitutional change of
government takes place in a member state, as provided for in the Lomé
Declaration;
- Implement the common defense policy of the African Union;
- Follow-up on the progress made 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
the upholding of international humanitarian law by member states; and
- Support and facilitate humanitarian action in situations of
armed conflicts or major natural disasters (PSC Protocol, 2003).
The PSC in conjunction with the Chairperson of the AU
Commission may authorize the mounting and deployment of peace support
missions.
The African Union Commission (AUC)
The AUC is responsible for the implementation of PSC decisions
and provides operational support. This happens mainly through the AU Commission
Chairperson and the AU Commissioner for Peace and Security, who report to the
PSC on the implementation of PSC decisions and their own initiatives. The
Chairperson and Commissioner are supported by the Peace and Security Department
(PSD).
The AU Commission also provides strategic, political,
technical, and planning support to operations authorized by the Peace and
Security Council and carried out by regional coalitions of Member States,
Regional Economic Communities (RECs), or Regional Mechanisms for Conflict
Prevention, Management and Resolution (RMs).
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The Panel of the Wise (PoW)
The PoW was constituted under the terms of Article 11 of the
PSC Protocol, to support the efforts of the Council and those of the
Chairperson of the commission, particularly in the area of conflict prevention.
It comprises 5 members drawn from various segments of society of AU Member
States.
The Continental Early Warning System (CEWS)
The CEWS is to provide timely and reliable data to warn the
PSC and the AU Commission of potential conflicts and outbreaks of violence to
enable the development of appropriate response strategies to prevent or resolve
conflicts in Africa. The Committee of Intelligence and Security Services in
Africa (CISSA) compliments the CEWS. The Committee was established on 26 August
2004 in Abuja, Nigeria by Heads of Intelligence and Security Services of
Africa. The CEWS coordinates efforts where possible with similar structures in
the RECs.
The African Peace Fund (PF)
Established by the PSC Protocol, the PF provides financial
resources for the AU mandated Peace Support Operations (PSO) as well as other
operational activities related to peace and security. This is premised on
Article 21 (2) of the Protocol. The Peace Fund is supposed to be funded through
contributions from donors, member states, private sector, civil society and
individuals. During its summit in Addis Ababa in 2010, the African Heads of
State agreed to increase the Peace Fund from 6 per cent to 12 per cent of
assessed contribution of member states on incremental basis of 1.5 per cent per
annum until the 12 per cent is achieved. Other changes are to be implemented in
the coming years.
The African Standby Force (ASF)
The ASF was established by the provisions of Article 13 of the
PSC Protocol. A Policy Framework establishing the ASF and the Military Staff
Committee (MSC) was adopted in May 2003 by the 3rd Session of African Chiefs of
Defense Staff. In March 2005, the AU Commission and RECs/RMs met in Addis Ababa
and adopted a Roadmap for the Operationalization of the ASF. The force is
organized into five multidisciplinary brigades (military, civilian and police
elements) on the basis of the five AU regions, and the Regional Economic
Communities or Mechanisms.
The Roadmap also emphasized the establishment of planning
structures at the regional level: ASF Planning Elements (PLANELMS) and the
formulation of key policy documents at the strategic level. The documents are
on Doctrine, Logistics, Training and Evaluation, Standard Operational
Procedures (SOP), Command, Control and Communication Systems. Collectively, the
5 Regional Brigades will provide the AU with a combined standby capacity of
about 15,000 to 20,000 troops trained in peace operations ranging from
low-intensity observer mission to full-blown military intervention. The
RECs/RMs such as the SADC, the ECCAS, ECOWAS and IGAD are continuously involved
in the process of establishing and running their respective brigades. For
instance, the ECOWAS Monitoring Group Integral to this architecture also, is
the Common African Defense and Security Policy (CADSP)
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and the Military Staff Committee (MSC). The CADSP adopted in
2004 is to ensure Africa's common defense and security interests and goals as
set out in Articles 3 and 4 of the Constitutive Act. The MSC is an advisory
organ of the PSC, and consists of 15 military experts from the PSC member
states who are resident in Addis Ababa.
Moreover, in 2008, a Memorandum of Understanding on
Cooperation in the Area of Peace and Security was signed between the African
Union, the Regional Economic Communities and the Coordinating Mechanisms of the
Regional Standby Brigades of Eastern Africa and Northern Africa (hereafter the
2008 Memorandum). The 2008 Memorandum between the AU and REC/RMs is the legal
basis of the coordination between the AU and REC/RMs in the operationalization
of the APSA. Its objective is to «contribute to the full
operationalization and effective functioning of the African Peace and Security
Architecture» (Article II, para 2(i)).
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