PROFILE: AFRICAN UNION (AU)

1.

CONTACT DETAILS:
: PO Box 3243 Addis Ababa Ethiopia

Commission of the African Union Roosevelt Street (Old Airport Area) W21K19 Addis Ababa Ethiopia : +251 1 - 51 77 00 Fax: +251 1 - 51 93 21

Website: www.africa-union.org Website of South Africa as chair of the African Union: www.au2002.gov.za Website of Mozambique as chair of the African Union: www.au2003.gov.mz

2.

MEMBER STATES

Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, The Comoros, Republic of Congo, Democratic Republic of Congo, Cte dIvoire, 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, Sao Tom and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe. Morocco is the only African country that is not a member of the African Union.

3.

REGIONS OF 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 (5) regions of the OAU, namely, Northern, Western, Central,

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Eastern, and Southern. The geographical distribution of the five regions is currently as follows: 1. West Africa, Sixteen (15) Member States:

Benin, Burkina Faso, Cape Verde, Cote dIvoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. 2. East Africa, Thirteen (13) Member States:

Comoros, Djibouti, Eritrea, Ethiopia, Kenya, Madagascar, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tanzania and Uganda. 3. Southern Africa, Ten (10) Member States:

Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. 4. Central Africa, Nine (9) Member States:

Burundi, Cameroon, Central African Republic, Chad, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon and Sao Tome & Principe 5. Northern Africa, Five (6) Member States:

Algeria, Egypt, Libya, Mauritania, Tunisia and Saharawi Arab Democratic Republic.

4. 4.1

HISTORY AND BACKGROUND: Key Developments in the Evolution of the OAU

The African Union is the successor organization to the Organization of African Unity (OAU). The OAU was established on 25 May 1963, with its headquarters in Addis Ababa, Ethiopia. At that Conference of Independent African States, the OAU Charter was signed by the Heads of State and Government of 30 of the 32 independent African states. The remaining two, Togo and Morocco signed before the end of that year. Morocco later withdrew from the OAU in 1985, after admission of Western Sahara. It is now the only African state that does not belong to the 53 member AU. The Constitutive Act of the African Union was adopted during the Lom Summit of the OAU on 11 July 2000. The Lusaka Summit in 2001 (37th Ordinary Session) 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 South Africa in July 2002. An important development in the history of the OAU was the adoption, in 1980, at an OAU Extraordinary Summit, of the Lagos Plan of Action. The commitments in the 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 Assembly. Since May 1994, the OAU therefore operated on the basis of the OAU Charter as well as the AEC Treaty, and the organization was officially referred to as the OAU/AEC. After
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signature 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, the General Secretariat of the OAU could not process and move forward with amendments agreed to at the expert level amongst Member States the 1963 Charter. Eventually an Extraordinary Summit of the OAU held in Sirt, 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 (Sirt Declaration). The Constitutive Act of the African Union notes (in Article 33(2) 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, 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. The Lusaka Summit in 2001 (37th Ordinary Session) that prepared for the transition from the OAU to the AU also 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 an Economic, Social and Cultural Council (Article 22) as an advisory organ composed of different social and professional groups. Unlike the Pan-African Parliament, ECOSOCC will not be established through a legally binding protocol, treaty or convention, but by the approval of the Assembly of a set of statutes. The Lom 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. During the July 2001 Lusaka Summit meeting in Zambia African leaders also adopted the New Partnership for Africas Development (NEPAD). The Partnership provides a comprehensive, integrated development plan that addresses key social, economic and political principles for the continent. It entails a commitment by African leaders to African people and the international community to place Africa on a path of sustainable growth, accelerated by the integration of the continent into the global economy. NEPAD determines that peace, security, democracy, and good economic and corporate governance are preconditions for sustainable development and proposes a system of voluntary peer review and adherence to codes and standards of conduct. At the 38th (and final) Summit of the OAU in Durban, July 2002, Heads of State and Government issued a NEPAD Declaration on Democracy, Political, Economic and Corporate Good Governance. Durban also hosted the first Assembly meeting of the African Union that followed directly after the OAU Summit. 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.
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During the 2nd Extraordinary Assembly meeting in Sirt on 28th February 2004, AU Heads of State adopted a Solemn Declaration on a Common African Defence and Security Policy.

4.2 The OAU Mechanism for Conflict Prevention, Management and Resolution
Prior to the establishment of the AU some 13 African conflicts elicited notable interventions by the OAU. However, only five out of these engagements led to the deployment of some type of OAU peacekeeping operation. These are: (1) Rwanda in August-October 1993; (2) Burundi in December 1993 - July 1996; (3) Comoros in August 1998; (4) Congo-DR from November 1999; and (5) Ethiopia-Eritrea from October 2000. Within a matter of months after its establishment, in October 1963, the OAU decided to send military observers to supervise a cease-fire, the withdrawal of troops and the creation of a demilitarised zone between Algeria and Morocco but did not implement its own decision. The OAUs record during the conflict between Ethiopia and Somalia the following year as well as during the unrest in the Congo shortly thereafter was equally unimpressive and its failure to intervene meaningfully in the Nigerian civil war (1967-70) reinforced the trend. The first peacekeeping force to be deployed in Chad during 1979 was provided by Nigeria which subsequently secured OAU support for its initiative retroactively at the July 1979 OAU Summit meeting in Monrovia. An inter-African force (composed of troops from Congo-Brazzaville and airlift from Algeria would undertake a similar mission early in 1980. The force was flown home by France when the civil war reignited in March. The OAU Summit in Freetown of July 1980 called for another peacekeeping operation in Chad but the OAU made little progress until the end of that year when Libya sent troops to Ndjamena in support of the transitional government of unity. The subsequent announcement by Libyan President Qaddafi that Libya and Chad were to be unified, galvanized French financial support for an OAU peacekeeping mission in Chad. During the subsequent OAU Neutral Force in Chad during 1981-82 the Organization eventually managed to field 3 500 of the planned 5 000 troops. The troops were mostly from Nigeria (with US assistance) and the remainder from Senegal and Zaire (with French assistance) all of which had to carry their own costs since the Organization managed to contribute only US$400 000 of the estimated US$192 million budget. Algeria, Kenya, Guinea-Bissau and Zambia eventually contributed military observers to the mission. The operation was beset with logistical problems and the operational linkage to the OAU in Addis Ababa tenuous. Together with an unrealistic timetable for elections and a firm deadline for the withdrawal of its forces, the OAU withdrew its forces at the end of June 1982 when Ndjamena fell to forces from the northern part of Chad. The OAUs decision in 1990 to send a peacekeeping mission to Rwanda was the first significant such mission after Chad. Shortly after the rebellion by the Rwandan Patriotic Front the OAU put together the Military Observer Team (MOT) from Burundi, Uganda

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and the former Zare which was deployed during April 1991, but only after several months of delay. The MOT was soon replaced by the Neutral Military Observer Group (NMOG) that was eventually composed of 40 military observers from Mali, Nigeria, Senegal and Zimbabwe. Even before NMOGs mandate ended in July 1992, the OAU Council of Ministers agreed to an enlarged follow-on operation, NMOG II, intended to be composed of a total of 240 persons. NMOG II was deployed during August and eventually included military officers from Congo-Brazzaville, Nigeria, Senegal and Tunisia. After thirteen months of talks a peace agreement was signed in August 1993, subsequently to become known as the Arusha Accords. The subsequent Observer Mission in Burundi (OMIB) followed the murder of President Ndadaye on 21 October 1993, but it was to be several months before the Central Organ sent 47 observers. The civilian component of OMIB was only deployed during December and the first military observers arrived in Bujumbura during February 1994. Events in Rwanda in 1994, culminating in the genocide in that country, now intruded upon African consciousness in the intervening period. The six-nation OAU force eventually comprised observers from Burkina Faso, Cameroon, Guinea, Mali, Niger and Tunisia, and was augmented by an additional 20 observers in March 1995. The reluctance of OAU Member States to intervene in conflicts during the first two decades of its existence is reflected in the lack of operationalisation of the Commission of Mediation, Conciliation and Arbitration provided for in the Charter. The Commission was envisaged as one of the four principal organs of the OAU. The Commission was to consist of 21 elected persons but its permanent status was revoked in 1970 at the Summit in Addis Ababa and it has since fallen 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. Three years later the OAU Heads of State adopted their "Declaration of the Assembly of Heads of State and Government on the Establishment, within the OAU, of a Mechanism for Conflict Prevention, Management and Resolution" during the 29th Ordinary Summit in Cairo in June 1993. 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 preventive 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 AU operational activities relating to conflict management and resolution. The Peace Fund consists of 6% of the financial appropriations from the regular budget of the AU, voluntary contributions from AU Member States as well as from other sources within Africa. The Chairman may, with the consent of the Central Organ, also accept voluntary contributions from sources outside Africa.
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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 Africas 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 of the Mechanism in between Ordinary Sessions of the Assembly of Heads of State and Government. In June 1995, the OAU summit 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 preventive or observer missions (such as those of the UN and OAU in Burundi and more recently to 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 African Mission in Burundi (AMIB), potentially consisting of 2 300 troops with a total annual cost of $121 million, was the AUs most ambitious engagement to date. While South Africa could, at a stretch, fund its own participation, neither of the other troop contributing countries, Ethiopia and Mozambique, can do so. Thus the US stepped in support Ethiopian preparations for AMIB and the UK to provide equipment (sourced from South Africa) for Mozambique. The EU had also committed 10 million to support AMIB, as well as a number of smaller donors. Faced with the impossible situation of a shortfall of more than US$ 150 million, the AU and EU revealed, at the Maputo Summit of July 2003, an innovative initiative that, once established, could overcome some of the problems. The Peace Facility proposes to establish an African peacekeeping fund of up to 250 million by carving off 1,5% of the EU assistance provided to each African country and placing it at the disposal of the Union. In accordance with the decision of the 2001 Lusaka Summit, the Central Organ was incorporated as an institution of the African Union on 26th December 2003 when the Protocol establishing the Peace and Security Council (see section 5.2) entered into force having received the required 27 ratifications.

5.

OBJECTIVES:

The objectives outlined in the OAU Charter were to promote the unity and solidarity of African States; co-ordinate and intensify their co-operation 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
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Declaration of Human Rights; co-ordinate and harmonise members' political, diplomatic, economic, educational, cultural, health, welfare, scientific, technical and defence policies. In general, the African Union objectives are more comprehensive than those of the OAU. The objectives of the African Union, as contained in the Constitutive Act (Article 3), are to: 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 cooperation, 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 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 cooperation in all fields of human activity to raise the living standards of African peoples; Coordinate 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.

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6.

STRUCTURE:

The Constitutive Act of the African Union provides for an Assembly of Heads of States and Government as the supreme organ of the Union which, as with the OAU Summit, meets annually. The Executive Council in turn 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, composed of Permanent Representatives to the Headquarters of the Union in Addis Ababa, meets every month.

6.1

The Commission

The Commission serves as the secretariat of the Union. Article 2 of the Statutes of the Commission determines that the Commission is 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 Africas 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 10 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 organizations or other relevant sectors of society. The Assembly endorses the 8 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 4 years. 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 PSC, 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 Maputo Summit in 2003 former President of Mali, Alpha Oumar Konare was elected to serve as chairperson of the Commission and Mr Patrick Mazimhaka from Rwanda as deputy chairperson. The Deputy Chairperson is in charge of the administration and finance of the Commission and acts as Chairperson when required.

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According to Article 12 of the Statutes the portfolios of the Commission (with the names of the Commissioners who assumed office on 1st September 2003) are as follows: Peace and Security (Conflict Prevention, Management and Resolution, and Combating Terrorism) Amb Sad Djinnit 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) Mr Bernard Zoba from Congo-Brazzaville Social Affairs (Health, Children, Drug Control, Population, Migration, Labour and Employment, Sports and Culture) Adv (Ms) Bience Philomina Gawanas from Nambia Human Resources, Science and Technology (Education, Information Technology Communication, Youth, Human Resources, Science and Technology) Dr Nagia Mohammed Assayed from Libya 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) Ms Rosebud Kurwijila from Tanzania Economic Affairs (Economic Integration, Monetary Affairs, Private Sector Development, Investment and Resource Mobilization) Dr M M Mkawezalaba from Malawi. Since gender issues are crosscutting through all the portfolios of the Commission, a special unit was established in the Office of the Chairperson to coordinate 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 Peace and Security Council, 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 seven specialized technical committees.

6.2

The Peace and Security Council

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,
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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). According to Article 5 of the Protocol the Peace and Security Council is composed of 15 Members elected on the basis of equal rights, of which 10 serve for two years and 5 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 organization 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. Countries standing for election 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 peacebuilding 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 Lom 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 reelection.
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Article 11 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 will be 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. Article 12 provides for the establishment of a Continental Early Warning System. Once established, the heart of the Continental Early Warning 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 analyze 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. Article 13 provides for the establishment of an African Standby Force composed of standby multidisciplinary contingents, with civilian and military components in their countries of origin and ready for rapid deployment at appropriate notice. The Force shall, inter alia, perform functions in the following areas: 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; 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; and

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Any other functions as may be mandated by the Peace and Security Council or the Assembly.

These operations will be funded by assessed contributions from Member States based on their contributions to the regular budget of the Union (Article 21). A series of meetings of African Chiefs of Defence Staff and Ministers of Defence and Security took place in 2003 and 2004 to flesh out the details of the African Standby Force and the Common African Defence and Security Policy. A draft framework for the latter was agreed upon by Minister of Defence and Security in January 2004. At their Second Extra-Ordinary Session in Sirt in February 2004, Africas leaders confirmed their intention to establish an African Standby Force and adopted a Solemn Declaration on a Common African Defence and Security Policy. The Executive Council meeting held prior to the Assembly came to the conclusion that the proposal from Libya for a single African army was ahead of its time, and that the AU should rather focus on the creation of the standby force. The Solemn 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. Finally, the Military Staff Committee composed of the Chiefs of Defence Staff or their representatives (of the countries serving on the PSC) will advise and assist the Council in all questions relating to military and security requirements.

7.

THE PAN-AFRICAN PARLIAMENT

The Protocol Establishing the Pan-African Parliament entered into force on 14 December 2003. The Parliament was inaugurated in Addis Ababa on 18 March 2004 and held its first session in Addis Ababa from 18-20 March 2004. According to Article 2(3) of the Protocol to the AEC Treaty that established the Parliament: The ultimate aim of the Pan-African Parliament shall be to evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage. However, until such time as the Member States decide otherwise by an amendment to this Protocol: The Pan-African Parliament shall have consultative and advisory powers only; and The Members of the Pan-African Parliament shall be appointed ... [i.e. not elected]

Article 2 also states that the parliamentarians represent all the people of Africa and that the five MPs chosen from each country must reflect the diversity of political opinions in each National Parliament or deliberative organ.

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8. THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS

The African Commission on Human and Peoples Rights was establishment in 1987. Situated in the Gambian capital of Banjul, the Commission is severely under-funded and not well known. It submits reports to the Assembly of the Union. The Commission is composed of eleven members elected by secret ballot by the Assembly for a six year renewable term. The members serve in their personal and individual capacity. It elects among its members a Chairman and Vice-Chairman for a two year renewable period, the Secretary to the Commission being appointed by the Chairperson of the Commission of the African Union. The Commission holds two ordinary sessions per year and may meet, if need be, in extraordinary sessions. It may invite States, national liberation movements and specialized institutions to take part in public sittings, which may also be attended by nongovernmental organizations with observer status. The Commission is officially charged with the promotion and protection of human and peoples' rights and the interpretation of the African Charter on Human and Peoples' Rights. Within the framework of its protective role, the Commission is charged with ensuring the protection of human and peoples' rights under the conditions laid down by the Charter and according to the rules provided for in the Rules of Procedure of the Commission. Within the framework of its role of interpreting the African Charter on Human and Peoples' Rights, the Commission is charged with interpreting all provisions of the Charter at the request of a State Party, an institution of the African Union or an African Organization recognized by the AU.

9.

AFRICAN COURT ON HUMAN AND PEOPLES RIGHTS

The Protocol for the Establishment of the African Court on Human and Peoples Rights entered into force on 25 January 2004. The protocol entered into force five and a half years after adoption after ratification by the required 15 member states. It has the potential to establish a powerful mechanism for the enforcement of the human rights commitments contained in the AU Constitutive Act, the African Charter on Human and Peoples Rights and its additional protocols on the rights of women, children and refugees. The Court will have the power to order compensation or reparations to victims of human rights violations. It has a wide jurisdiction over the interpretation and application of the African Charter on Human and Peoples Rights, and any other relevant human rights instrument ratified by the States concerned. (Article 3).

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As it stands, the Protocol allows only African governments and intergovernmental organisations, such as SADC or ECOWAS, as well as the African Commission on Human and Peoples Rights, to bring cases before the Court. Article 34(6) provides for an additional declaration to be signed by a state party when it ratified the Protocol, accepting the competence of the court to receive cases from NGOs and individuals. So far, Burkina Faso is the only country to have made such a declaration.

10. THE AU AND CIVIL SOCIETY

The Constitutive Act of the AU lists as one of its objectives: to build a partnership between governments and all segments of civil society promote democratic principles and institutions, popular participation and good governance [and] participation of the African peoples in the activities of the Union. There are essentially three vehicles for CSO engagement with the Union, namely accreditation to the AU, representation on ECOSOCC and through the Pan-African Parliament, being comprised of MPs as representatives of the people. According to the draft Statutes of ECOSOCC, the Council will be composed of 150 Civil Society Organizations (CSOs) representing social groups such as women, youth, the elderly and disabled persons; professional groups such as doctors, lawyers, media and business organisations; NGOs and community based organisations; organisations of workers and employers; and traditional leaders, academia, religious and cultural associations. Of the 150 members, there will be two from each Member State; 24 transnational sectoral CSOs selected at regional and continental level; and 20 representing the African Diaspora. A fifty percent gender equality principle applies to this membership. Importantly, the draft protocol provides for a Selection Committee, made up of CSOs, to invite candidatures for membership to ECOSOCC and process applications for membership. This profile was compiled by the Institute for Security Studies. Please send comments and/or corrections to: nico@iss.org.za

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Fig.1: ORGANOGRAM OF THE AFRICAN UNION

Assembly of HoS Annually Pan-African Parliament Court of Justice

Economic, Social and Cultural Council

Executive Council of Min of FA Bi-Annually

7 Specialized Technical Committees of Ministers or senior officials African Monetary Fund

African Central Bank

African Investment Bank

Permanent Representatives Committee Monthly

Commission

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Fig.2: ORGANOGRAM OF THE PEACE AND SECURITY COUNCIL

Assembly of Heads of State of the African Union

Peace and Security Council (15 countries)

Heads of State level

Ministers level Permanent Representatives level Commission and Secretariat Military Staff Committee African Standby Force Panel of the Wise Early Warning System

Peace Fund

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Fig.3: ORGANOGRAM OF THE AU COMMISSION

Chairperson of the Commission

Deputy Chairperson of the Commission

Commissioners Peace and Sec urity; Political Affairs, Infrastructure and Energy; Social Affairs; Human Resources , Sc ience and Technology; Trade and Industry; Rural Eco nomy and Agriculture; Ec onomic A ffairs.

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