Protocol Relating to the Establishment of the Peace and Security Council

Protocol Relating to the Establishment of the Peace and Security Council
Name	Protocol Relating to the Establishment of the Peace and Security Council
Date signed	1999
Parties	African Union member states
Location signed	Lusaka
Effective	2003
Language	English, French, Arabic, Portuguese, Spanish

Protocol Relating to the Establishment of the Peace and Security Council is a 1999 instrument adopted by member states of the Organisation of African Unity successor framework to create a standing organ for collective security within the African Union. The Protocol codified mechanisms for conflict prevention, management, and peacebuilding in the aftermath of crises such as the Rwandan genocide, the First Congo War, and the Sierra Leone Civil War. It operationalized commitments made at summits including the Sirte Declaration and the Lagos Summit under the leadership of figures like Olusegun Obasanjo and Thabo Mbeki.

Background and Negotiation

Negotiations were shaped by the legacy of the Organisation of African Unity and responses to post-Cold War crises exemplified by the Rwandan genocide, Liberian Civil War, and Eritrean–Ethiopian War. Drafting involved delegations from Nigeria, South Africa, Algeria, Egypt, and Kenya and drew on instruments such as the Charter of the United Nations, the Convention on the Prevention and Punishment of the Crime of Genocide, and the Monterrey Consensus for financing. Key diplomatic venues included meetings in Lusaka, Addis Ababa, and Tripoli, with inputs from organizations like the United Nations Security Council, the European Union, and the United States Department of State.

Objectives and Principles

The Protocol established objectives reflecting commitments under the African Union Constitutive Act, emphasizing non-indifference after events like the Kosovo War and the Sierra Leone Civil War. It asserted principles resonant with the Responsibility to Protect debates and with precedents set at the Bamako Summit and the Cairo Declaration. The Protocol affirmed principles such as respect for the OAU Liberation Movements, territorial integrity evidenced in disputes like the Western Sahara conflict, and complementarity with the United Nations Charter and the International Criminal Court.

Structure and Membership

The Protocol created the Peace and Security Council as a standing organ modeled partly on the United Nations Security Council and influenced by the Economic Community of West African States standby force concept. Membership rules balanced representation across regions including the Economic Community of West African States (ECOWAS), the Southern African Development Community (SADC), and the East African Community. The Protocol provided for elected members drawn from blocs similar to those in the African Union Commission and procedures comparable to those used in elections to the International Court of Justice.

Mandate and Functions

Mandated functions included early warning, preventive diplomacy, peacemaking, peace support operations, and post-conflict reconstruction, reflecting lessons from the United Nations Mission in Sierra Leone and the African Union Mission in Somalia. The Protocol authorized deployment of observer missions akin to the Organization for Security and Co-operation in Europe models and anticipated standby arrangements with regional mechanisms such as the Intergovernmental Authority on Development and the Economic Community of Central African States. It also envisaged cooperation with actors like the European Union Military Staff and the North Atlantic Treaty Organization in logistics and capacity-building.

Decision-Making and Procedures

Decision-making procedures combined elements from the United Nations Security Council voting practices and the consultative methods employed at the Commonwealth Heads of Government Meeting. The Protocol set out timeframes for convening sessions in crises, referral mechanisms to the United Nations Security Council, and rules for authorizing peace support operations comparable to mandates used in UNPROFOR and UNAMID. It established roles for the Chairperson of the African Union Commission, the African Standby Force, and liaison with the United Nations Office for West Africa.

Implementation and Compliance

Implementation relied on member state contributions, partnerships with external actors such as the European Commission and World Bank, and monitoring mechanisms similar to those used by the International Crisis Group. Compliance provisions invoked obligations under the African Union Constitutive Act and envisaged sanctions echoing measures adopted by the United Nations Security Council in the Liberia sanctions regime. Practical challenges mirrored those experienced by the African Union Mission in Sudan and the African Union Mission in Burundi regarding financing, logistics, and interoperability with forces from Morocco, Ethiopia, and Chad.

Impact and Criticism

The Protocol's impact is visible in operations like the African Union Mission in Somalia and mediation efforts in the Malian conflict and the Comoros disputes, and in institutional developments such as the African Standby Force. Critics cited gaps highlighted by the Darfur conflict, alleging weaknesses in rapid deployment, resource mobilization, and coherence with the United Nations Security Council and the International Criminal Court—concerns voiced by analysts from the Carter Center and the International Crisis Group. Supporters point to enhanced African ownership in peace processes linked to leaders like Kofi Annan and Joaquim Chissano and to jurisprudential intersections with the African Court on Human and Peoples' Rights.

Category:African Union treaties Category:Peace and conflict studies