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INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT (IGAD)

DRAFT PROTOCOL FOR THE ESTABLISHMENT OF THE EASTERN STANDBY BRIGADE (EASBRIG)

Jinja, 13-17th February 2004

Coordinating Office: IGAD Secretariat, P.O. Box 2653, , Republic of Djibouti Tel. (253) 354050; Fax: (253) 356994/356284; E-mail: [email protected]

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DRAFT PROTOCOL ON THE ESTABLISHMENT OF THE EASTERN AFRICA STANDBY BRIGADE

We, the Member States of the Eastern Africa Region

The Republic of

The Republic of Djibouti

The State of

The Federal Democratic Republic of

The Republic of

The Republic of

The Republic of

The Republic of

The Republic of

The Republic of

The Republic of the

The United Republic of

The Republic of Uganda

Recalling the principles and objectives enshrined in the Charter of the , the Constitutive Act of the , the Treaty establishing the African Economic Community and the Agreement Establishing the Inter-Governmental Authority on Development;

Noting the commitment by Member States to act collectively to preserve peace, security and stability, which are essential prerequisites for economic development and social progress;

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Bearing in mind that Chapter VIII of the UN Charter recognized the role of regional arrangements in dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action;

Reaffirming the primary responsibility of the UN Security Council in the maintenance of international peace and security, and the role of the Peace and Security Council of the African Union as standing decision-making organ for the prevention, management and resolution of conflicts in Africa;

Convinced of the need to respond timorously to conflicts in the Eastern Africa region

Recognizing and re-affirming the principles the peaceful settlement of disputes and conflicts, respect for sovereignty, sovereign equality, territorial integrity, good neighborliness, interdependence, non-aggression and non-interference in the internal affairs of other States, and respect of borders inherited on achievement of independence;

Aware that the development of strong democratic institutions and culture, observance of human rights and the rule of law, as well as the implementation of post-conflict recovery programmes and sustainable development policies, are essential for the promotion of collective security, durable peace and security, as well as for the prevention of conflicts;

Desirous of establishing an operational structure for the effective implementation of the decisions taken to pursue the objectives of promoting regional peace, security and stability and to create a mechanism for the prevention, management and resolution of inter- and intra-state conflicts;

Determined to act collectively to preserve peace, security and stability in the Eastern Africa region, to enhance regional co- operation and to eliminate all forms of threat thereto;

Inspired by the need to establish an effective mechanism of consultation and cooperation for the peaceful settlement of disputes in terms of our commitments as reflected in the Protocol Relating to the Establishment of the Peace and Security Council of the African Union;

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Cognizant of the recommendations reflected in the Framework Document for the establishment of the African Standby Force and the Military Staff Committee adopted by the 3rd Meeting of the African Chiefs of Defence Staff held in , Ethiopia, on 15-16 May 2003, as well as those reflected in the 4th Meeting of African Chiefs of Defence Staff held in the same city on 17-18 January 2004 and subsequent of the 1st Meeting of African Ministers of Defence and Security on 20-21st January 2004;

HAVE AGREED AS FOLLOWS:

Article 1 Definitions

In this Protocol:

“Assembly” means the Assembly of Heads of State and Government of state parties to this protocol;

“Chairperson of the Assembly” means the Chairperson of the Assembly of Heads of State and Government of the Eastern Africa Region;

“Council of Ministers” means the ministers of Defense and Security of the Eastern Africa Region countries;

"Chairperson of the Council" means the Chairperson of the Council of Ministers of Defense and Security of the Eastern Africa Region;

“Committee of Chiefs of Defense Staff” means the Chiefs of Defense Staff of States Party to this protocol as established under Article 2 of this protocol;

“African Standby Force” means the Force established under Article 2 of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union;

“Brigade headquarters” means the expanded PLANELM to full staff capacity capable of command and control of EASBRIG upon deployment;

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“EASBRIG” means a brigade drawn from the Eastern Africa region as part of the African Standby Force;

"IGAD Executive Secretary" means the Chief Executive Officer of IGAD as established under Article 8 of the IGAD Agreement;

"Member state" means a member of Eastern Africa Region, listed in the preamble to this Protocol;

“Peace and Security Council” means the Council established by Article 5(2) of the Constitutive Act establishing the African Union;

“PLANELM” means the planning element, which is a multinational skeleton staff of full-time military personnel from the Eastern Africa Region with responsibility for force preparation of EASBRIG;

“Regional Mechanisms’ means mechanisms as envisaged in Article 16 of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union;

“State party” means a Member State of the Eastern Africa Region that is party to this protocol.

Article 2 Establishment and Management of the Eastern Africa Standby Brigade

There is hereby established an Eastern Africa Standby Brigade (EASBRIG) as part of the African Standby Force (ASF). The management of the Eastern Africa Standby Brigade shall consist of the Assembly of Eastern Africa Heads of State and Government, the Eastern Africa Council of Ministers of Defence and Security, the Eastern Africa Committee of Chiefs of Defense Staff and the Planning Element (PLANELM).

Article 3 Purpose

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The purpose of the Eastern Africa Standby Brigade is to participate in peace missions as mandated by the United Nations Security Council and/or the Peace and Security Council of the African Union as a legitimate mandating authority under Chapter Vlll of the UN Charter and as provided for in Articles 4(h) and 4(j) of the Constitutive Act that establishes the African Union.

Article 4 Principles

The Eastern Africa Standby Brigade shall be guided by the principles enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights, the Constitutive Act of the African Union, the African Charter on Human and People’s Rights and the Protocol Relating to the Establishment of the Peace and Security Council of the African Union.

Article 5 Structure of the Eastern Africa Standby Brigade

1) The structure of the Eastern Africa Standby Brigade consists of:

a) The Assembly of East African Heads of State and Government

b) The East African Council of Ministers of Defense and Security;

c) The Eastern Africa Committee of Chiefs of Defence Staff;

d) PLANELM;

e) Eastern Africa Standby Forces; and

f) A funding mechanism.

Article 6 The Assembly of East African Heads of State and Government

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1) The Assembly of Heads of State and Government is the supreme authority of EASBRIG.

2) The Assembly of Heads of State and Government is composed of the Head of State or Government of each state party to this Protocol.

2) The functions of the Assembly shall be to:

a) Make policy, direct and control the functioning of EASBRIG;

b) Authorize the deployment of EASBRIG.

3) The Assembly shall meet at least once a year and at any time upon the request of any States Party and upon agreement of the majority of the State Parties.

Article 7 The Council of Eastern Africa Ministers of Defence and Security

1) The function of the Council of Eastern Africa Ministers of Defence and Security is to manage all aspects relating to the Eastern Africa Standby Brigade as set out in this Protocol and circumscribed by the EASBRIG Assembly.

2) The Council of Eastern Africa Ministers of Defence will be composed of the Ministers of Defence and Security of Eastern Africa Member State that are State Parties to this Protocol.

3) The Minister of Eastern Africa Defence and Security of the country that chairs the EASBRIG Assembly will also chair the Council of Eastern Africa Ministers of Defence and Security.

4) After its first meeting the Council of Eastern Africa Ministers of Defence and Security will submit its rules of procedure for approval by the EASBRIG Assembly and thereafter any subsequent amendments.

5) The Council of Eastern Africa Ministers of Defence and Security will meet at least twice a year.

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6) The Council of Eastern Africa Ministers of Defence and Security will appoint the commander of EASBRIG upon recommendation of the Committee of Eastern Africa Chiefs of Defence Staff for stand-along missions within the Eastern Africa region.

Article 8 The Committee of Eastern Africa Chiefs of Defence Staff

1) The function of the Committee of Eastern Africa Chiefs of Defence Staff is to:

a) serve as an advisory military committee to the Council of Ministers of Defence and Security and, if necessary, the Council of Eastern Africa Ministers and Assembly; and

b) Oversee, direct and manage the PLANELM.

2) The Committee of Eastern Africa Chiefs of Defence Staff will be composed of the Chief of Defence Staff or Chief of Defence of each Eastern Africa Member State that is a State Party to this Protocol.

3) The Chief of Defence Staff or Chief of Defence of the country that chairs the Assembly will also chair the Committee of Eastern Africa Chiefs of Defence Staff.

4) After its first meeting the Committee of Eastern Africa Chiefs of Defence Staff will submit its rules of procedure for approval to the Council of Eastern Africa Ministers of Defence and Security and thereafter any subsequent amendments.

5) The Committee of Eastern Africa Chiefs of Defence Staff will approve the objectives, staffing, annual work plan and budget of the PLANELM.

6) Meetings of the Committee of Eastern Africa Chiefs of Defence Staff will rotate annually in accordance with the country that chairs EASBRIG. Should a country not be able or willing to host, meetings will occur at the PLANELM location

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7) The Committee of Eastern Africa Chiefs of Defence Staff will meet at least twice a year.

Article 9 The PLANELM

1) The function of the PLANELM is to serve as multi-national full time skeleton headquarters from the Eastern Africa Region for EASBRIG within the framework of the African Standby Force and the UN Standby Arrangement System.

2) The PLANELM will be located at a location determined by the Council of Ministers of Defence and Security and be composed of a regional military and civilian staff on secondment from all Eastern Africa Member States.

3) The PLANELM shall be responsible for the provision of secretarial services to the Committee of Eastern Africa Chiefs of Defence Staff.

4) In pursuit of the performance of its functions as set out in this Protocol, the PLANELM is empowered to enter into agreements with national training institutions.

5) The PLANELM shall report at least quarterly and as necessary and in detail through the Committee of Eastern Africa Chiefs of Defence Staff to the Council of Eastern Africa Ministers of Defence and Security and the Peace and Security Council of the African Union.

Article 10 The Eastern Africa Brigade Headquarters

1) The function of the Brigade Headquarters is to serve as a command headquarters for force preparation and operational command of the Eastern Africa Standby Brigade. Upon deployment the Brigade will come under the operational control of the African Union or the United Nations, as applicable.

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2) The Eastern Africa Standby Brigade Headquarters will be composed of regional military and civilian staff on secondment from all Eastern Africa Member States.

Article 11 Eastern Africa Standby Force

The Eastern Africa Standby Force is a pool of forces and capabilities from which deployable forces may be drawn for peacekeeping missions.

Article 12 Funding Mechanism for EASBRIG

1) In pursuit of the performance of its functions as set out in this Protocol, the IGAD secretariat shall set up an EASTBRIG Fund and have the authority to solicit and receive grants and donations.

2) The resources for the Peace Fund shall be utilized only for the purposes of conflict prevention, conflict management and peacekeeping and come from:

a. Contributions from all Eastern Africa Member States; and

b. Grants, donations and contributions from other sources.

3) The EASBRIG Fund will be independently audited on an annual basis. The results of the audit will be publically available.

Article 13 Amendments

1) Any State Party may propose an amendment to this Protocol.

2) Proposals for amendment to this Protocol shall be made to the Chairperson of the Council of Eastern Africa Ministers of

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Defence and Security who shall transmit it to other Member States within thirty days of its receipt.

3) Amendments to this Protocol shall take effect by consensus, or failing that, by a vote of two third majority of State Parties.

Article 14 Signature, Ratification and Accession

1) This Protocol shall be open for signature, ratification and accession by any Member State of Eastern Africa Region as defined in the Preamble of this Protocol in accordance with their respective constitutional procedures.

2) For the purposes of ratification instruments of ratification shall be deposited with the Executive Secretary of IGAD.

3) This Protocol shall remain open for accession by any Member State of the Eastern Africa Region as defined in the Preamble of this Protocol.

Article 15 Entry into Force

This Protocol shall enter into force thirty days after the deposition of the instruments of ratification by two thirds of the Member States.

Article 16 Withdrawal

1) Any Member State may withdraw from this Protocol by giving twelve (12) months written notice to the Chairman of the Assembly;

2) During the period of 12 months, referred to in paragraph 1 of this article a Member State wishing to withdraw shall comply with provisions of this protocol and shall be bound to discharge its obligations up to the date of its withdrawal.

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Article 17 Settlement of Disputes

Any dispute arising from the interpretation and implementation of this Protocol shall be settled amicably. Failing this, the dispute shall be referred to the Council.

Article 18 Supplementary Protocols

Member States may conclude such other Protocols as may be necessary to accomplish the aims and objectives of this Protocol.

Done at______on the ______, in two original texts in English and French both being equally authentic.

IN WITNESS WHEREOF, the following, duly authorized by the Member States, HEREBY sign this protocol:

(Signed)

For The Government of Comoros

The Government of Djibouti

The Government of Eritrea

The Government of Ethiopia

The Government of Kenya

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The Government of Madagascar

The Government of Mauritius

The Government of Rwanda

The Government of Seychelles

The Government of Somalia

The Government of Sudan

The Government of Tanzania

The Government of Uganda

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