Draft Protocol for the Establishment of the Eastern Africa Standby Brigade (Easbrig)
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Page 1 INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT (IGAD) DRAFT PROTOCOL FOR THE ESTABLISHMENT OF THE EASTERN AFRICA STANDBY BRIGADE (EASBRIG) Jinja, Uganda 13-17th February 2004 Coordinating Office: IGAD Secretariat, P.O. Box 2653, Djibouti, Republic of Djibouti Tel. (253) 354050; Fax: (253) 356994/356284; E-mail: [email protected] 1 Page 2 DRAFT PROTOCOL ON THE ESTABLISHMENT OF THE EASTERN AFRICA STANDBY BRIGADE We, the Member States of the Eastern Africa Region The Republic of Comoros The Republic of Djibouti The State of Eritrea The Federal Democratic Republic of Ethiopia The Republic of Kenya The Republic of Madagascar The Republic of Mauritius The Republic of Rwanda The Republic of Seychelles The Republic of Somalia The Republic of the Sudan The United Republic of Tanzania The Republic of Uganda Recalling the principles and objectives enshrined in the Charter of the United Nations, the Constitutive Act of the African Union, 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; 2 Page 3 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; 3 Page 4 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 Addis Ababa, 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; 4 Page 5 “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 5 Page 6 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 6 Page 7 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. 7 Page 8 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.