Protocol Relating to the Establishment of the Peace and Security Council of the African Union (2002)

• Jurisdiction: South Africa
• Citation: 2016 JOLGA 116
• Author: None
• Date: 05 December 2017
• Pages: 116-139
• Published date: 05 December 2017

116

PROTOCOL RELATING TO THE

ESTABLISHMENT OF THE PEACE

AND SECURITY COUNCIL OF THE

AFRICAN UNION

1

WE, the Heads of State and Government of the Member States of

the African Union:

CONSIDERING the Constitutive Act of the African Union and the

Treaty establishing the African Economic Community, as well

as the Charter of the United Nations;

RECALLING the Declaration on the Establishment, within the

Organization of African Unity (OAU), of a Mechanism for

Conflict Prevention, Management and Resolution, adopted by

the 29th Ordinary Session of the Assembly of Heads of State

and Government of the OAU, held in Cairo, Egypt, from 28 to

30 June 1993;

RECALLING also Decision AHG/Dec. 160 (XXXVII) adopted by the

37th Ordinary Session of the Assembly of Heads of State and

Government of the OAU, held in Lusaka, Zambia, from 9 to 11

July 2001, by which the Assembly decided to incorporate the

Central Organ of the OAU Mechanism for Conflict Prevention,

Management and Resolution as one of the organs of the Union,

in accordance with article 5(2) of the Constitutive Act of the

African Union, and, in this regard, requested the Secretary-

General to undertake a review of the structures, procedures and

working methods of the Central Organ, including the possibility

of changing its name;

MINDFUL of the provisions of the Charter of the United Nations,

conferring on the Security Council primary responsibility

for the maintenance of international peace and security, as

well as the provisions of the Charter on the role of regional

arrangements or agencies in the maintenance of international

peace and security, and the need to forge closer cooperation and

partnership between the United Nations, other international

organizations and the African Union, in the promotion and

maintenance of peace, security and stability in Africa;

1 The Protocol came into effect in 2003 and is also available at http://

www.au.int/en/treaties/protocol-relating-establishment-peace-and-

security-council-african-union (accessed on 10 January 2016). The

following footnotes have been added by the editors.

2016 JOLGA 116

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AU Protocol: Establishment of the Peace and Security Council

117

ACKNOWLEDGING the contribution of African Regional Mecha-

nisms for Conflict Prevention, Management and Resolution in

the maintenance and promotion of peace, security and stability

on the Continent and the need to develop formal coordination

and cooperation arrangements between these Regional Mecha-

nisms and the African Union;

RECALLING Decisions AHG/Dec.141 (XXXV) and AHG/Dec.142

(XXXV) on Unconstitutional Changes of Government, adopted

by the 35th Ordinary Session of the Assembly of Heads of State

and Government of the OAU held in Algiers, Algeria, from 12

to 14 July 1999, and Declaration AHG/Decl.5 (XXXVI) on the

Framework for an OAU Response to Unconstitutional Changes

of Government, adopted by the 36th Ordinary Session of the

Assembly of Heads of State and Government of the OAU, held

in Lomé, Togo, from 10 to 12 July 2000;

REAFFIRMING our commitment to Solemn Declaration AHG/

Decl.4 (XXXVI) on the Conference on Security, Stability,

Development and Cooperation in Africa (CSSDCA), adopted by

the 36th Ordinary Session of the Assembly of Heads of State

and Government of the OAU, held in Lomé, Togo, from 10 to

12 July 2000, as well as Declaration AHG/Decl.1 (XXXVII) on

the New Partnership for Africa’s Development (NEPAD), which

was adopted by the 37th Ordinary Session of the Assembly of

Heads of State and Government of the OAU, held in Lusaka,

Zambia, from 9 to 11 July 2001;

AFFIRMING our further commitment to Declaration AHG/Decl.2

(XXX) on the Code of Conduct for Inter-African Relations,

adopted by the 30th Ordinary Session of the Assembly of

Heads of State and Government of the OAU, held in Tunis,

Tunisia, from 13 to 15 June 1994, as well as the Convention on

the Prevention and Combating of Terrorism,2 adopted by the

35th Ordinary Session of the Assembly of Heads of State and

Government of the OAU held in Algiers, Algeria, from 12 to 14

July 1999;

CONCERNED about the continued prevalence of armed conflicts in

Africa and the fact that no single internal factor has contributed

more to socio-economic decline on the continent and the

suffering of the civilian population than the scourge of conflicts

within and between our States;

2 Available at http://www.au.int/en/treaties/oau-convention-prevention-

and-combating-terrorism (accessed on 10 January 2016).

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