1. PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION
BRIEFING TO THE JOINT STANDING COMMITTEE ON DEFENCE AND THE PORTFOLIO COMMITTEE ON DEFENCE
Cape Town, 2 April 2003.

2. SCOPE OF BRIEFING INTRODUCTION KEY PROVISIONS OF THE PROTOCOL
ESTABLISHMENT
OBJECTIVES
PRINCIPLES
COMPOSITION
FUNCTIONS
POWERS
PANEL OF THE WISE

3. SCOPE OF BRIEFING CONTINENTAL EARLY WARNING SYSTEM
AFRICAN STANDBY FORCE
PEACE BUILDING
RELATIONSHIP WITH OTHER MECHANISMS AND INSTITUTIONS
FUNDING
IMPLICATIONS

4. INTRODUCTION
The launch of the African Union in Durban, July 2002,has ushered in significant developments with regard to peace and security issues on the African continent.
One of the positive outcomes of the 1st Ordinary Session of the Assembly of the African Union,was the adoption of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union.

5. KEY PROVISIONS OF THE PROTOCOL
ESTABLISHMENT OF THE PSC
Pursuant to Article 5 (2) of the Constitutive Act
As a standing decision-making organ for the prevention, management and resolution of conflicts
As a collective security and early-warning arrangement to facilitate timely and efficient response to conflict and crisis situations in Africa
Supported by the following: Commission, Panel of the Wise, Continental Early Warning System, African Standby Force

6. KEY PROVISIONS OF THE PROTOCOL
OBJECTIVES
Promote peace, security and stability
Anticipate and prevent conflicts
Promote and implement peace-building and post-conflict reconstruction activities
Co-ordinate and harmonise continental efforts in prevention and combating of international terrorism
Develop a common defence policy for the AU
Promote and encourage democratic practices, good governance and the rule of law

7. KEY PROVISIONS OF THE PROTOCOL
PRINCIPLES
Enshrined in the Constitutive Act, UN Charter, and the Universal Declaration of Human Rights
Peaceful settlement of disputes and conflicts
Respect for rule of law, fundamental human rights
Respect for the sovereignty and territorial integrity of Member States
Right of the AU to intervene in a Member State in respect of grave circumstances
Right of Member State to request intervention from the AU

8. KEY PROVISIONS OF THE PROTOCOL
COMPOSITION OF THE PSC
15X Elected Members
10x Members for 2 years term
5x Members for 3 years term
Equitable regional representation and rotation

9. KEY PROVISIONS OF THE PROTOCOL
FUNCTIONS
Promotion of peace, security and stability
Early warning and preventive diplomacy
Peace-making, good offices, mediation, conciliation and enquiry
Peace support operations and intervention
Peace-building and post-conflict reconstruction
Humanitarian action and disaster management
Other functions as may be decided by Assembly

10. KEY PROVISIONS OF THE PROTOCOL
POWERS
Anticipate and prevent disputes and conflicts
Undertake peace-making and peace-building
Authorise deployment of peace support missions
Recommend intervention
Institute sanctions
Implement the common defence policy of AU

11. KEY PROVISIONS OF THE PROTOCOL
PANEL OF THE WISE
Composed of 5x persons selected by Chairperson of the Commission
Support the efforts of the PSC in conflict prevention
Advise the PSC on promotion and maintenance of peace, security and stability
To meet as may be required for performance of its mandate

12. KEY PROVISIONS OF THE PROTOCOL
CONTINETAL EARLY WARNING SYSTEM
Observation and monitoring centre
Linkage of observation and monitoring units of Regional Mechanisms to the Centre
Collaboration with UN, relevant institutions and research centers

13. KEY PROVISIONS OF THE PROTOCOL
AFRICAN STANDBY FORCE
Composed of multidisciplinary contingents with civilian and military components
AU Peace Support Standard Operating Procedures
Chain of Command
Military Staff Committee
Training
Role of Member States

14. KEY PROVISIONS OF THE PROTOCOL
PEACE BUILDING
Institutional capacity for Peace –building
Peace-building during hostilities
Peace-building at end of hostilities

15. KEY PROVISIONS OF THE PROTOCOL
RELATIONSHIP WITH OTHER MECHANISMS AND INSTITUTIONS
Regional mechanism as part of overall security architecture of the AU
UN and other international organisations
Pan African Parliament
African Commission on Human and Peoples’ Rights
Civil Society organisations

16. KEY PROVISIONS OF THE PROTOCOL
FUNDING
Establishment of a Peace Fund
Appropriations from regular budget of the AU
Voluntary contributions
States contributing contingents would bear costs of their participation for first 3x months
AU to refund expenses incurred within period of 6x months

17. CONCLUDING REMARKS
The establishment of the PSC will have the following key implications:
Organisational and Personnel
Financial