PARLIAMENTARY BRIEFING

ON

THE COMMON AFRICAN DEFENCE AND SECURITY

POLICY (CADSP)

3 February 2004

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STRUCTURE OF PRESENTATION

• INTRODUCTION• EVOLUTION OF CADSP• THE CONTENT OF CADSP

– Definitions and Scope– Objectives and Goals– Building Blocks– Implementation Organs– Relations with the UN and other Int. Organs.

• THE WAY FORWARD

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INTRODUCTION • During the inaugural Summit of the African Union (AU) held

in Durban, in July 2002, the AU Assembly stressed the need for a Common African Defence and Security Policy (CADSP) in compliance with the Constitutive Act of the AU. Article 4(d) of the Constitutive Act provides for the “establishment of a Common Defence Policy for the African Continent”.

• The adoption of a CADSP is also premised on a common African perception of what is to be done collectively by African States to ensure that Africa’s common defence and security interests and goals (as set out in Articles 3 and 4 of the AU Constitutive Act), are safeguarded in the face of a “common threats” to the continent.

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EVOLUTION OF CADSP• The July 2002 AU Assembly requested its Chairperson,

President Thabo Mbeki, to set up a group of experts charged with considering all related aspects of establishing a common defence and security policy and submit recommendations to it for consideration at its next ordinary session.

• As part of the follow up to this decision, the AU Commission prepared a policy paper on the issue. South Africa hosted the first experts meeting on the formulation of a CADSP in Randburg, from 27-29 March 2003, with the aim of considering the policy paper. The Randburg Meeting requested that the AU Commission prepare a draft document on the CADSP based on the discussions of the Meeting.

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EVOLUTION OF CADSP (Cont.)• Pursuant to this request, the AU Commission prepared a

document entitled “Draft Framework for a Common African Defence and Security Policy” which was discussed by the second experts meeting held in Sun City, from 19-20 May 2003 and subsequently submitted to the Extraordinary Session of the Executive Council, from 21-23 May 2003, also in Sun City.

• At its session in Maputo, Mozambique, from 10-12 July 2003, the AU Assembly took note of the “Draft Framework for a Common African Defence and Security Policy” as revised by the Sun City Meetings as well as the comments made by the Heads of State and Government during their deliberations.

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EVOLUTION OF CADSP (Cont.)• The AU Assembly then requested the AU Commission to

undertake consultations with all concerned stakeholders, especially the Ministers of Defence and Security and legal experts in order to finalise the CADSP for consideration at the next session of the AU Assembly or an extraordinary session.

• Pursuant to this decision, the 4th Meeting of African Chiefs of Defence Staff (ACDS) in Addis Ababa, from 17-18 January 2004, made the necessary preparations for the 1st Meeting of African Ministers of Defence and Security, from 20-21 January 2004, also in Addis Ababa, to consider the Draft Framework for a CASDP and the Framework document on the establishment of a African Standby Force (ASF).

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EVOLUTION OF CADSP (Cont.)• During the consideration of the Draft Framework Policy for a

CADSP by the 1st Meeting of African Ministers of Defence and Security, the most contentious issue discussed was the provision in Paragraph 13(i) about “unprovoked” attacks. (See copy of Draft Framework page ).

• On one hand some delegates wanted the word “unprovoked” to be deleted from the text because it gave room for the justification for some attacks because they could be deemed to be provoked.

• On the other hand, other delegations insisted on the retention of the word, arguing that the formulation containing the provision for “unprovoked” attacks represented the consensus of exhaustive deliberations.

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EVOLUTION OF CADSP (Cont.)• During the deliberations of the 1st Meeting of African

Ministers of Defence and Security on the CADSP, consensus was reached on the removal of the word “unprovoked”.

• The Draft Framework for a CADSP as adopted by the 1st Meeting of African Ministers of Defence and Security in Addis Ababa, on 20 January 2004, will now be tabled for adoption at the Extraordinary Summit of the AU, scheduled to take place in Sirte, Libya, on 28 February 2004.

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DEFINITIONS & SCOPE OF CADSP• Definition of security is widely interpreted to go beyond the

security of the state and threats to the state, to include threats to the well being of the citizens of a state.

• Definition of defence follows the same approach that goes beyond the traditional definition of defence to imply both the civilian and military aspects for the protection of national sovereignty, territorial integrity, the environment and its people, including their political, social and economic values.

• Definitions are consistent with the Solemn Declaration on the Conference on Security, Stability, Development and Co-operation (CSSDCA) in Africa and NEPAD's Principles.

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OBJECTIVES AND GOALS OF CADSP

• Enhances a common vision of defence and security with the expansion of the definition of defence and security to include human security.

• Integrates all the various agreements that have been concluded in respect of defence and security.

• Promotes initiatives that will enhance peace and development in Africa.

• Ensures a collective response to threats to Africa.• Establishes a threat deterrence and containment capacity within

the AU.• Protects Member States from internal and external threats.

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OBJECTIVES AND GOALS (Cont.)

• Encourages Member States to conclude and ratify non-aggression pacts between and among African States and to harmonize such agreements.

• Provides a framework for post-conflict peace-building and reconstruction.

• Promotes peaceful co-existence among Member States and emphasizes the peaceful means of conflict resolution.

• Promotes mutual trust and confidence among African States.

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PRINCIPLES & VALUES OF CADSP

• A core principle is sovereign equality and interdependence among Member States of the AU.

• Conflict resolution should be undertaken by peaceful means and a military response will be the last resort.

• 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, as well as a serious threat to legitimate order, in order to restore peace and stability to the Member States of the Union upon the recommendation of the Peace and Security Council.

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PRINCIPLES & VALUES OF CADSP (cont.)

• The right of Member States to request intervention from the Union in order to restore peace and security.

• The prohibition of any Member State from allowing the use of its territory as a base for aggression and subversion against another Member State

• The security of each African country is inseparably linked to each other country, and Africa as a whole. Accordingly, any threat or attack on one African country is deemed to be a threat or attack on the others, and the continent as a whole; that needs to be brought to the immediate attention of the Assembly of the Union or the Peace and Security Council for decision and action as appropriate, in conformity with the AU principles and objectives.

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BUILDING BLOCKS OF CADSP• Continental Instruments and Mechanisms ie. Continental

Defence and Security treaties, charters, conventions and declarations that inform the continental policy framework on defence and security + CSSDCA, NEPAD & ASF.

• Regional Instruments and Mechanisms ie. the Regional Economic Communities (REC’s) of Africa to establish common defence and security policies and co-ordinate defence and security matters at the regional level.– ECOWAS - COMESA– IGAD - CEN-SAD – SADC - EAC– Arab-Magreb Union - UMA 

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IMPLEMENTING ORGANS OF CADSP

• The AU Assembly.– Supreme Organ that deals with collective threats to

Africa’s collective defence and security. – Peace and Security Council is the appropriate Organ to

which the Assembly will delegate its powers relating to defence and security.

• The Peace & Security Council (PSC).– Established by means of a Protocol pursuant to Article

5 (2) of the AU Constitutive Act. The powers of the PSC are to, amongst other things, implement the common defence policy of the AU Article 7(1)(h).

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IMPLEMENT. ORGANS OF CADSP (Cont.)

• Regional Economic Groups– Conflict prevention, management and resolution

mechanisms existing in the various regional economic organisations.

• Co-ordination and Harmonisation of Procedures– Co-ordination between the PSC and relevant

Continental Mechanisms.– Co-ordination between the PSC and Regional

Mechanisms.

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RELATIONS with the UN & other INTERNATIONAL ORGANISATIONS

• The PSC shall co-operate and work closely with the UNSC, which has the primary responsibility for international peace and security. The PSC shall also co-operate and work closely with other UN agencies.

• Where necessary, recourse will be made to the UN to provide the necessary financial, logistical and military support for the AU’s activities to promote and maintain peace and security in Africa, in keeping with Chapter VIII of the UN Charter.

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THE WAY FORWARD

• The document on the CADSP is merely a framework that is intended to facilitate the adoption of a more binding instrument in order to attain its objectives.

• Accordingly the AU Commission has formulated a Draft African Non-Aggression and Common Defence Pact to provide for such an instrument.

• Both the Solemn Declaration on the CSSDCA and the Memorandum of Understanding adopted by the Durban Summit in July 2002, was considered in the formulation of the Draft Non-Aggression Pact.

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THE WAY FORWARD (cont.)

• During the 1st Meeting of African Ministers of Defence and Security, Addis Ababa, from 20-21 January 2004, the AU Commissioner for Peace and Security, Amb. Said Djinnit, informed the Meeting that there was a decision to convene a meeting of African Ministers of Defence and Security in Tripoli, Libya, before the Extraordinary Session of the Executive Council, to consider the Draft African Non-Aggression and Common Defence Pact. It was proposed that this meeting should take place from 22-23 February 2004.

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THE WAY FORWARD (cont.)• It should be noted that the Minister of Defence has indicated that he

intends convening a consultative meeting with his SADC counterparts prior to the 22-23 February 2004 Meeting to formulate a regional position on the Pact.

• After having deliberated on the Draft Pact in Tripoli, Libya, between 22-23 February, the African Ministers of Defence and Security will instruct the AU Commission on the necessary steps to be taken.

• Thereafter a revised document will be submitted to the Executive Council at its session scheduled for March 2004. It will then be the responsibility of the Executive Council to decide on the next stage of the Draft Pact.

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QUESTIONS?