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WE,
THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS);
MINDFUL
OF the ECOWAS Revised
Treaty signed in Cotonou on 23 July 1993 notably its Article 58;
MINDFUL
OF the relevant
provisions of the Charter of the Organisation of African Unity (OAU);
MINDFUL
OF the United Nations
Charter, with particular reference to its Chapters VI, VII and
VIII;
MINDFUL
OF the provisions of
Protocols A/P1/5/79, A/SP2/7/85, A/SP1/7/86, A/SP1/6/88,
A/SP2/5/90 relating to the free movement of persons, the right
of residence and establishment;
RECALLING
the Protocol on Non-Aggression signed in Lagos on 22 April 1978
and the Protocol on Mutual Assistance in Defence signed in
Freetown on 29 May 1981, notably our resolve to give mutual aid
and assistance for defence against any armed threat or
aggression on a Member State;
CONSIDERING
the Framework Agreement of the Protocol on Non-Aggression and
Assistance in Defence (ANAD) signed in Abidjan on 9 June 1977;
CONSIDERING
ALSO the Protocol on the
enforcement of the above-mentioned Framework Agreement signed in
Dakar on 14 December 1981, as well as the subsequent Protocols;
REAFFIRMING
our commitment to the ECOWAS Declaration of Political Principles
adopted in Abuja on 6 July 1991, on freedom, people’s rights
and democratisation;
RECALLING
the relevant provisions of the ECOWAS Conventions on Mutual
Assistance in Criminal Matters and on Extradition, signed in
Dakar on 29 July 1992 and in Abuja on 6 August 1994,
respectively;
RECALLING
ALSO the Cairo
Declaration of 29 June 1993 on the establishment of a Mechanism
for Conflict Prevention, Management and Resolution in Africa
adopted by the 29th Session of the OAU Conference of
Heads of State and Government;
CONCERNED
about the proliferation of conflicts which constitute a threat
to the peace and security in the African continent, and
undermines our efforts to improve the living standards of our
peoples;
CONVINCED
OF the need to develop
effective policies that will alleviate the suffering of the
civil population, especially women and children, and, restore
life to normalcy after conflicts or natural disasters, and
desirous of making further efforts in the humanitarian sphere;
CONSCIOUS
OF THE FACT that good
governance, the rule of law and sustainable development are
essential for peace and conflict prevention;
RECALLING
the Declaration of the
moratorium on the Importation, Exportation and Manufacture of
Light Weapons, adopted by the 21st Session of the
Authority of Heads of State and Government of ECOWAS, held in
Abuja on 30 and 31 October, 1998;
RECALLING
also the conclusions of
the meeting of ECOWAS Ministers of Foreign Affairs on the
effective implementation of PCASED, held in Bamako on 24 March,
1999;
CONVINCED
that cross-border crimes, the proliferation of small arms and
all illicit trafficking contribute to the development of
insecurity and instability and jeopardise the economic and
social development of the sub-region;
AWARE
that these phenomena constitute serious social and economic
problems which can only be resolved within the framework of
increased and well-coordinated multilateral cooperation;
RECOGNISING
the need to make the relevant treaties and protocols more
adequate, effective and pragmatic;
DESIRING
to consolidate our achievements in the resolution of conflicts
through the ECOWAS Cease-fire Monitoring Group (ECOMOG).
RECALLING
our Decision A/DEC.11/10/98 adopted in Abuja on 31 October 1998,
relating to the ECOWAS Mechanism for Conflict Prevention,
Management, Resolution, Peace-keeping and Security;
DESIROUS
to establish an operational structure for the implementation of
the said Decision;
HEREBY
AGREE ON THE FOLLOWING:
DEFINITIONS
For
the purposes of this Protocol;
"Treaty"
means the revised Treaty of the Economic Community of West African
States (ECOWAS) signed in Cotonou on 24 July 1993;
"Community"
means the Economic Community of West African States referred to
under Article 2 of the Treaty;
"Authority"
means the Authority of Heads of State and Government of the
Economic Community of West African States established by Article 7
of the Treaty;
"Mediation
and Security Council" means the Mediation and Security
Council as defined by Article 8 of this Protocol;
"Defence
and Security Commission" means the Defence and Security
Commission as defined in Article 18 of this Protocol;
"Executive
Secretary" means the ECOWAS Executive Secretary appointed
in accordance with Article 18 of the Treaty;
"Council
of Elders" means the Council of Elders as defined in
Article 20 of this Protocol;
"Meeting
of Ambassadors" means the meeting of Ambassadors as
defined by Article 14 of this Protocol;
"Special
Representative" means the Special Representative as
defined by Article 32 of this Protocol;
"Deputy
Executive Secretary" means the Deputy Executive Secretary
in charge of Political Affairs, Defence and Security as referred
to in Article 16 of this Protocol;
"Institution"
means any of the structures provided for under Article 4 of this
Protocol;
"Organ"
means any of the structures provided for under Article 17 of this
Protocol;
"Observation
and Monitoring Centre" means the Regional Peace and
Security Monitoring Centre as provided for under Article 58 of the
Treaty and referred to in Article 23 of this Protocol;
"ECOMOG"
means the ECOWAS Cease-fire Monitoring Group which constitutes the
Community’s intervention force as defined in Article 21 of this
Protocol;
"Force
Commander" means the Force Commander appointed in
accordance with the provisions of Article 33 of this Protocol;
"Trans-border
crime" refers to all crimes organised or perpetrated by
individuals, organisations or networks of local and/or foreign
criminals operating beyond the national boundaries of a Member
State, or acting in complicity with associates based in one or
several States adjoining the country where the crimes are actually
committed or having any connection with any Member State;
"Member
State in crisis" refers both to a Member State
experiencing an armed conflict as well as a Member State facing
serious and persisting problems or situations of extreme tension
which, if left unchecked, could lead to serious humanitarian
disaster or threaten peace and security in the sub-region or in
any Member State affected by the overthrow or attempted overthrow
of a democratically elected government.
CHAPTER
I
ESTABLISHMENT,
PRINCIPLES AND OBJECTIVES
OF
THE MECHANISM
Article
1: Establishment
There
is hereby established within the Economic Community of West
African States (ECOWAS), a mechanism for collective security and
peace to be known as "Mechanism for Conflict Prevention,
Management, Resolution, Peace-keeping and Security".
Article
2: Principles
Member
States reaffirm their commitment to the principles contained in
the Charters of the United Nations Organisation (UNO) and the
Organisation of African Unity (OAU) and to the Universal
Declaration of Human Rights, as well as to the African Charter on
Human and People’s Rights, particularly the following
fundamental principles:
that
economic and social development and the security of peoples and
States are inextricably linked;
promotion
and reinforcement of the free movement of persons, the right of
residence and establishment which contribute to the reinforcement
of good neighbourliness;
promotion
and consolidation of a democratic government as well as democratic
institutions in each Member State;
protection
of fundamental human rights and freedoms and the rules of
international humanitarian laws;
equality
of sovereign States;
territorial
integrity and political independence of Member States;
Article
3: Objectives of
the Mechanism
The
objectives of the Mechanism shall be as follows:
prevent,
manage and resolve internal and inter-State conflicts under the
conditions provided in Paragraph 46 of the Framework of the
Mechanism ratified as per Decision A/DEC.11/10/98 of 31 October
1998;
implement
the relevant provisions of Article 58 of the Revised Treaty;
implement
the relevant provisions of the Protocols on Non-Aggression, Mutual
Assistance in Defence, Free Movement of Persons, the Right of
Residence and Establishment;
strengthen
cooperation in the areas of conflict prevention, early-warning,
peace-keeping operations, the control of cross-border crime,
international terrorism and proliferation of small arms and
anti-personnel mines;
maintain
and consolidate peace, security and stability within the
Community;
establish
institutions and formulate policies that would allow for the
organisation and coordination of humanitarian relief missions;
promote
close cooperation between Member States in the areas of preventive
diplomacy and peace-keeping;
constitute
and deploy a civilian and military force to maintain or restore
peace within the sub-region, whenever the need arises;
set
up an appropriate framework for the rational and equitable
management of natural resources shared by neighbouring Member
States which may be causes of frequent inter-State conflicts;
protect
the environment and take steps to restore the degraded environment
to its natural state;
safeguard
the cultural heritage of Member States;;
formulate
and implement policies on anti-corruption, money-laundering and
illegal circulation of small arms.
CHAPTER
II
INSTITUTIONS
OF THE MECHANISM
Article
4 : Institutions
The
institutions of the Mechanism shall be:
The
Authority;
The
Mediation and Security Council;
The
Executive Secretariat;
Any
other institution as may be established by the Authority.
Article
5: Composition and
Meetings of the Authority
The
Authority is composed of Heads of State and Government of Member
States as stipulated in Paragraph 1, Article 7 of the Revised
Treaty.
The
Authority shall meet as often as necessary.
Article
6: Functions
The
Authority shall be the Mechanism’s highest decision-making body.
It
shall have powers to act on all matters concerning conflict
prevention, management and resolution, peace-keeping, security,
humanitarian support, peace-building, control of cross-border
crime, proliferation of small arms, as well as all other matters
covered by the provisions of this Mechanism.
Article
7: Delegation
of Powers
Without
prejudice to its wide-ranging powers as provided under Article 9
of the Treaty and in Article 6 above, the Authority hereby
mandates the Mediation and Security Council to take, on its
behalf, appropriate decisions for the implementation of the
provisions of this Mechanism.
Article
8: Composition
of the Mediation and Security Council
The
Mediation and Security Council shall comprise nine (9) Member
States of which seven (7) shall be elected by the Authority. The
other two (2) members shall be the current chairman and the
immediate past chairman of the Authority, each of whom shall have
an automatic right to membership of the Mediation and Security
Council.
The
elected Members of the Mediation and Security Council shall serve
for two (2) years renewable.
Article
9: Quroum
and Decisions
The
meeting of the Mediation and Security Council shall be properly
constituted when at least two-thirds of its Members are present.
Decisions
of the Mediation and Security Council shall be taken by a
two-thirds majority vote of Members present.
Article
10: Functions
The
Mediation and Security Council shall take decisions on issues of
peace and security in the sub-region on behalf of the Authority.
It shall also implement all the provisions of this Protocol.
Pursuant
to the provisions of Article 7 of this Protocol and Paragraph 1
above, the Mediation and Security Council shall:
decide
on all matters relating to peace and security;
decide
and implement all policies for conflict prevention, management and
resolution, peace-keeping and security;
authorise
all forms of intervention and decide particularly on the
deployment of political and military missions;
approve
mandates and terms of reference for such missions;
review
the mandates and terms of reference periodically, on the basis of
evolving situations;
on
the recommendation of the Executive Secretary, appoint the Special
Representative of the Executive Secretary and the Force Commander.
Article
11: Meetings
of the Mediation and Security Council
Deliberations
of the Mediation and Security Council shall be held at three (3)
levels: Heads of State and Government, Ministerial and
Ambassadorial levels.
All
meetings of the Mediation and Security Council shall be presided
over by the Member State elected as the current Chairman of the
Authority.
Article
12: Meeting
at the Level of Heads of State and Government
The
Heads of State and Government of the Mediation and Security
Council shall meet at least twice a year in ordinary sessions.
Extraordinary Sessions may be convened by the Chairman when the
need arises or at the request of a simple majority of the Members
of the Council.
The
Heads of State and Government of the Mediation and Security
Council shall take final decisions on all issues under their
authority and competence, including field missions and approve the
terms of reference, for such missions.
Article
13: Meeting
at the Ministerial Level
The
Ministers of Foreign Affairs, Defence, Internal Affairs and
Security of the Mediation Security Council shall meet at least
once every three (3) months to review the general political and
security situation in the sub-region. They may also meet when the
need arises.
The
recommendations emanating from the Ministerial meetings shall be
submitted to the member Heads of State and Government of the
Mediation and Security Council.
Article
14: Meeting
at the Ambassadorial Level
ECOWAS
Member States shall accredit Ambassadors as permanent
representatives to the ECOWAS Executive Secretariat. These
Ambassadors may also be those accredited to the Federal Republic
of Nigeria.
The
Ambassadors of Member States of the Mediation and Security Council
shall meet once a month to review issues relating to sub-regional
peace and security. They may also meet when the need arises.
All
reports and recommendations of meetings of the Ambassadors shall
be forwarded by the Executive Secretary to all Member States of
the Mediation and Security Council and to the Member States
concerned. The Reports shall also be submitted for consideration
by the meeting of Ministers of the Mediation and Security Council.
Article
15: Role
and Functions of the Executive Secretary
The
Executive Secretary shall have the power to initiate actions for
conflict prevention, management, resolution, peace-keeping and
security in the sub-region. Such actions may include fact-finding,
mediation, facilitation, negotiation and reconciliation of parties
in conflict.
The
role of the Executive Secretary shall include the following:
recommend
the appointment of the Special Representative and the Force
Commander for approval by the Mediation and Security Council ;
appoint
members of the Council of Elders;
have
responsibility for political, administrative and operational
activities and provide logistic support for the mission;
prepare
periodic reports on activities of the Mechanism for the Mediation
and Security Council and Member States;
deploy
fact-finding and mediation missions, on the basis of his/her
assessment of the existing situation;
convene,
in consultation with the Chairman of the Authority, all meetings
of the Mediation and Security Council, the Council of Elders, and
the Defence and Security Commission;
Implement
all decisions of the Mediation and Security Council.
The
ECOWAS Secretariat shall service the Mediation and Security
Council and the Defence and Security Commission.
In
implementing the provisions of this Mechanism, the Executive
Secretary shall be assisted by the Deputy Executive Secretary in
charge of Political Affairs, Defence and Security.
Article
16: The
Deputy Executive Secretary
1.
Under the direction of the Executive Secretary, the Deputy
Executive Secretary in charge of Political Affairs, Defence and
Security shall initiate and undertake all activities relating to
the implementation of the Mechanism.
2.
The office of the Deputy Executive Secretary for Political
Affairs, Defence and Security, shall be headed by a statutory
officer appointed in accordance with Paragraph 4 (a), Article 18
of the Treaty. He shall have under his supervision appropriate
departments, divisions and sections, as may be necessary,
including:
the
Department of Political Affairs;
the
Department of Humanitarian Affairs;
the
Department of Defence and Security;
the
Observation and Monitoring Centre; and
such
other departments as may be established by the Council of
Ministers on the recommendation of the Mediation and Security
Council.
CHAPTER
III
SUPPORTING
ORGANS OF THE INSTITUTIONS OF THE MECHANISM
In
carrying out their missions, the Institutions stipulated in
Article 4 shall be assisted by the organs enumerated in Article 17
of this Protocol.
Article
17: Organs
The
following organs are hereby established to assist the Mediation
and Security Council.
The
Defence and Security Commission;
The
Council of Elders;
ECOWAS
Cease-fire Monitoring Group ( ECOMOG).
Article
18: Composition of
the Defence and Security Commission
The
following representatives from Member States shall constitute the
Defence and Security Commission:
Chiefs
of Defence Staff or equivalent;
Officers
responsible for Internal Affairs and Security ;
Experts
of the Ministry of Foreign Affairs;
Depending
on the agenda, Heads of any of the following services may be
invited:
Immigration;
Customs;
Drug/Narcotic
Agencies;
Border
Guards; and
Civil
Protection Force.
Article
19: Functions
The
Defence and Security Commission shall examine all technical and
administrative issues and assess logistical requirements for
peace-keeping operations. It shall assist the Mediation and
Security Council in:
formulating
the mandate of the Peace-keeping Force;
defining
the terms of reference for the Force;
appointing
the Force Commander;
determining
the composition of the Contingents.
The
Defence and Security Commission shall meet once every quarter and
when necessary. The Commission shall examine reports from the
Observation and Monitoring Centres and make recommendations to the
Mediation and Security Council.
Article
20: Composition
and Mandate of the Council of Elders
The
Executive Secretary shall compile annually, a list of eminent
personalities who, on behalf of ECOWAS, can use their good offices
and experience to play the role of mediators, conciliators and
facilitators. The list shall comprise eminent persons from various
segments of society, including women, political, traditional and
religious leaders. The list shall be approved by the Mediation and
Security Council at the level of the Heads of State and
Government.
These
Personalities shall be requested by the Executive Secretary or the
Mediation and Security Council, whenever the need arises, to deal
with a given conflict situation.
Whenever
the circumstances require, the Executive Secretary shall assemble
eminent personalities from the approved list who shall now
constitute the Council of Elders.
The
composition and mandate of the Council of Elders shall be defined
by the Executive Secretary on the basis of the missions to be
carried out.
Members
of the Council of Elders selected to deal with a given situation
shall report to the Executive Secretary.
The
Executive Secretary shall report to the Mediation and Security
Council on the initiatives taken in conformity with the provisions
of Paragraphs 2 and 3 of this Article
Members
of the Council of Elders shall be neutral, impartial and objective
in carrying out their mission.
Article
21: Composition of
ECOMOG
The
ECOWAS Cease-fire Monitoring Group (ECOMOG) is a structure
composed of several Stand-by multi-purpose modules (civilian and
military) in their countries of origin and ready for immediate
deployment.
Article
22: Role of
ECOMOG
ECOMOG
is charged, among others, with the following missions:
Observation
and Monitoring;
Peace-keeping
and restoration of peace;
Humanitarian
intervention in support of humanitarian disaster;
Enforcement
of sanctions, including embargo;
Preventive
deployment;
Peace-building,
disarmament and demobilisation;
Policing
activities, including the control of fraud and organised crime;
Any
other operations as may be mandated by the Mediation and Security
Council.
CHAPTER
IV
SUB-REGIONAL
PEACE AND SECURITY OBSERVATION SYSTEM
(EARLY
WARNING)
A
sub-regional peace and security observation system known as the
Early Warning System or "The System" is hereby
established for the purposes of conflict prevention and in
accordance with Article 58 of the Revised Treaty. The System shall
consist of:
An
Observation and Monitoring Centre located at the Secretariat;
b.
Observation and Monitoring Zones within the sub-region.
Article
23: Observation
and Monitoring Centre
The
Observation and Monitoring Centre shall be responsible for data
collection and analyses and preparation of reports for the use of
the Executive Secretariat.
The
Centre shall collaborate with the United Nations Organisation, the
Organisation of African Unity, research centres and all other
relevant international regional and sub-regional organisations.
Article
24: Observation
and Monitoring Zones
Member
States shall be divided into zones on the basis of proximity, ease
of communication and efficiency. Each zone shall be identified by
a number and each shall have a zonal headquarters. The following
four (4) Observation and Monitoring Zones are hereby created:
ZONE
N° COUNTRIES ZONAL
CAPITAL
Cape
Verde - Banjul
The
Gambia
Guinea-Bissau
Mauritania
Senegal
Burkina
Faso - Ouagadougou
Cote
d’Ivoire
Mali
Niger
Ghana
- Monrovia
Guinea
Liberia
Sierra
Leone
Benin
- Cotonou
Nigeria
Togo.
The
zoning provided for in Paragraph 1 above may be altered, if
necessary, by the Authority of Heads of State and Government.
Each
zonal headquarters shall be provided with an office and placed
under the authority of the Executive Secretary, through the office
of the Deputy Executive Secretary.
Member
States hereby undertake to guarantee the freedom of operations of
the zonal headquarters in accordance with the privileges,
immunities and security to property, assets and staff of the
bureaux as provided by the ECOWAS General Convention on Privileges
and Immunities and the Headquarters Agreement.
The
Zonal Bureau shall maintain working relations with the host
country and local and international institutions.
The
Zonal Bureaux shall, on a state by state and day-to-day basis,
collect data on indicators that impact on the peace and security
of the zone and the sub-region.
The
Zonal Headquarters shall process the data collected and prepare a
report which they shall send to the Observation and Monitoring
Centre. Accordingly, each of the Zonal Headquarters shall be
directly linked by appropriate communication means to the
Observation and Monitoring Centre.
CHAPTER
V
APPLICATION
OF THE MECHANISM
Article
25: Conditions
for Application
The
Mechanism shall be applied in any of the following circumstances:
In
cases of aggression or conflict in any Member State or threat
thereof;
In
case of conflict between two or several Member States;
In
case of internal conflict:
that
threatens to trigger a humanitarian disaster, or
that
poses a serious threat to peace and security in the sub-region;
(d)
In event of serious and massive violation of human rights and the
rule of law.
In
the event of an overthrow or attempted overthrow of a
democratically elected government;
Any
other situation as may be decided by the Mediation and Security
Council.
Article
26: Authority
to Initiate
The
Mechanism shall be put into effect by any of the following:
Upon
the decision of the Authority;
Upon
the decision of the Mediation and Security Council;
At
the request of a Member State;
On
the initiative of the Executive Secretary;
At
request of the Organisation of African Unity or the United
Nations.
Article
27: Procedure
The
Mechanism shall be applied according to any of the following
procedures:
The
Executive Secretary shall inform Member States of the Mediation
and Security Council and, in consultation with the Chairman, take
all necessary and urgent measures;
The
Mediation and Security Council shall consider several options and
decide on the most appropriate course of action to take in terms
of intervention. Such options may include recourse to the Council
of Elders, the dispatch of fact-finding missions, political and
mediation missions or intervention by ECOMOG;
The
Mediation and Security Council shall issue a mandate authorising
the Executive Secretary to set up a mission and define its terms
of reference;
Where
necessary, the Mediation and Security Council shall appoint the
principal officers, such as the Special Representative of the
Executive Secretary and the ECOMOG Force Commander.
The
Chairman of the Mediation and Security Council shall submit a
report on the situation to the Organisation of African Unity and
the United Nations;
The
Executive Secretariat shall mobilise all the resources required
for the operations.
CHAPTER
VI
CONFLICT
MANAGEMENT
Article
28: Composite
Stand-by Units
Member
States hereby agree to make available to ECOMOG units adequate
resources for the army, air force, navy, gendarmerie, police and
all other military, paramilitary or civil formations necessary for
the accomplishment of the mission.
Each
Member State shall provide ECOMOG with a unit the size of which
shall be determined after consultation with each Member State.
The
strengths of these units shall be reviewed according to the
situation on the ground.
Article
29: Mandates of
the Force and Missions of Deployed Units
Whenever
the force is deployed, the strength, mandates and missions of the
units shall vary according to the evolving situation on the
ground.
Article
30: Training and
Preparation of the Composite Stand-by Units
The
Executive Secretary, through the departments concerned and, in
consultation with Member States, shall contribute to the in
training of civilian and military personnel that shall be part of
the stand-by units in various fields, particularly in
international humanitarian law and human rights.
In
this regard, he shall:
support
the development of common training programmes and instruction
manuals for national schools and training centres;.
organise
training and proficiency courses for personnel of the units in the
regional centres in Côte d’Ivoire and Ghana;
work
towards the integration of these centres into sub-regional centres
for the implementation of this Mechanism.
take
the necessary measures for the organisation of periodic staff and
commanders’ exercises and joint operations.
Article
31: Observation
Missions
Unarmed
civilian and military personnel provided by Member States may be
deployed alone or in conjunction with armed personnel. They shall,
inter alia, supervise and monitor cease-fires, disarmament, de-mobilisation,
elections, respect for human rights, humanitarian activities and
investigate any complaints or claims brought to their notice. They
shall undertake such other activities under the terms of reference
as determined by the Mediation and Security Council.
The
Observer Missions shall report on their activities and findings to
the Executive Secretary.
Article
32: Appointment
and Functions of the Special Representative
On
the recommendation of the Executive Secretary the Mediation and
Security Council shall appoint a Special Representative for each
Operation undertaken by ECOMOG..
The
principal role and functions of the Special Representative shall
include the following:
Serve
as the Chief of the Mission and shall be responsible for the
political orientation of the mission;
Direct
peace-keeping activities and initiate political and diplomatic
negotiations with the parties, neighbouring States and other
Governments involved in conflict resolution;
Brief
troop-contributing States and other States on the situation and
operations of the mission as and when required;
Coordinate
activities of the sub-regional and international organisations,
including NGOs involved in humanitarian relief and peace-building
activities in the mission area. Where necessary, he shall be
assisted by a Deputy responsible for humanitarian affairs;
Maintain
constant contact with and submit regular reports to the Executive
Secretary.
Article
33: Appointment
and Functions of the ECOMOG Force Commander
On
the recommendation of the Executive Secretary an ECOMOG Force
Commander shall be appointed by the Mediation and Security Council
and in consultation with the Defence and Security Commission for
each operation.
The
role and functions of the ECOMOG Force Commander shall include the
following:
He
shall be responsible for the efficiency of operational,
administrative and logistical plans of the mission;
He
shall issue instructions to contingent commanders for all
operational activities.
He
shall ensure the security of personnel and materiel of
humanitarian organisations’ in the mission area.
The
ECOMOG Force Commander is accountable to the Executive Secretary,
through the Special Representative.
Article
34: The
Chain of Command
The
Special Representative shall report directly to the Executive
Secretary.
The
Force Commander shall report to the Executive Secretary through
his Special Representative.
All
Contingent Commanders shall report directly to the Force
Commander.
All
Civil Units shall report directly to the Special Representative.
Article
35: Role of
Member States
In
addition to their responsibilities as stipulated by the Treaty and
this Protocol:
Each
Member State shall immediately, upon request, release Stand-by
Units with the necessary equipment and materiel;
Member
States hereby undertake to fully cooperate with ECOWAS in carrying
out the mandates of this Protocol, including all forms of
assistance and support required for the Mechanism, especially as
regards the free movement of ECOMOG within their territories.
CHAPTER
VII
FINANCING
OF THE MECHANISM
Article
36: Funding
The
Executive Secretariat shall make provision in its annual budget,
for funds to finance activities of the Mechanism. As soon as the
Protocol governing conditions for application of the Community
Levy enters into force, a percentage of the said Levy shall be
earmarked for these activities.
Special
requests for funds shall be made to the United Nations and other
international agencies.
Funds
for operations may also be raised from the OAU, voluntary
contributions and grants from bilateral and multilateral sources.
Article
37: Pre-Financing
The
States contributing contingents may be invited to bear the cost of
operations during the first three (3) months.
ECOWAS
shall refund the expenditure incurred by the States within a
maximum period of six (6) months and then proceed to finance the
operations.
Article
38: Logistical
Support
The
organisation of logistics, including troop transport, shall be
determined by the Executive Secretariat in consultation with the
host country and the States contributing troops.
Article
39: Remuneration
and Service Conditions
The
remuneration and conditions of service of the personnel shall be
determined by the Council of Ministers on the recommendation of
the Mediation and Security Council.
CHAPTER
VIII
HUMANITARIAN
ASSISTANCE
ECOWAS
shall take active part in coordinating and conducting humanitarian
assistance.
Article
40: Responsibilities
of ECOWAS
ECOWAS
shall intervene to alleviate the suffering of the populations and
restore life to normalcy in the event of crises, conflict and
disaster.
In
this regard, ECOWAS shall develop own capacity to efficiently
undertake humanitarian actions for the purposes of conflict
prevention and management.
Where
the environment of a Member State is gravely devastated,
appropriate steps shall be taken to rehabilitate it.
ECOWAS
shall recognise, encourage and support the role of women in its
initiatives for conflict prevention, management, resolution,
peace-keeping and security.
Article
41:
Cooperation with Other Organisations
ECOWAS
shall cooperate with the following institutions and organisations:
national,
regional NGOs and religious organisations;
Organisation
of African Unity, the United Nations and its agencies;
other
international organisations intervening in the humanitarian
sector.
The
ECOMOG unit shall be adequately equipped to undertake humanitarian
activities in their mission area under the control of the Special
Representative of the Executive Secretary.
ECOMOG
shall provide assistance to all national, regional and
international agencies, particularly on security issues.
When
necessary, ECOMOG shall coordinate the activities of humanitarian
agencies in the field.
CHAPTER
IX
PEACE-BUILDING
The
Community hereby adopts a graduated strategy for building peace
which shall be implemented as a continuum.
Article
42: ECOWAS
Institutional Capacity for Peace-Building
To
stem social and political upheavals, ECOWAS shall be involved in
the preparation, organisation and supervision of elections in
Member States. ECOWAS shall also monitor and actively support the
development of democratic institutions of Member States.
ECOWAS
shall endeavour to assist Member States emerging from conflicts to
increase their capacity for national, social, economic and
cultural reconstruction.
In
this regard, all ECOWAS financial institutions shall develop
policies to facilitate funding for reintegration and
reconstruction programmes.
Article
43: Peace-Building
During Hostilities
In
zones of relative peace, priority shall be accorded to
implementation of policies designed to reduce degradation of
social and economic conditions arising from conflicts.
Article
44: Peace-building
at the End of Hostilities
To
assist Member States that have been adversely affected by violent
conflicts, ECOWAS shall undertake the following activities:
Consolidation
of the peace that has been negotiated;
establishment
of conditions for the political, social and economic
reconstruction of the society and governmental institutions;
Implementation
of disarmament, demobilisation and reintegration programmes
including those for child soldiers;
Resettlement
and reintegration of refugees and internally displaced persons;
Assistance
to vulnerable persons, including children, the elderly, women and
other traumatised groups in the society.
Article
45: Restoration of
Political Authority
In
situations where the authority of government is absent or has been
seriously eroded, ECOWAS shall support processes towards the
restoration of political authority. Such support may include the
preparation, organisation, monitoring and management of the
electoral process, with the cooperation of relevant regional and
international organisations. The restoration of political
authority shall be undertaken at the same time as the development
of respect for human rights, enhancement of the rule of law and
the judiciary.
CHAPTER
X
SUB-REGIONAL
SECURITY
Article
46: Control of
Trans-Border Crime
In
order to facilitate the control of trans-border crime, ECOWAS
shall promote close cooperation among the security services of
Member States.
The
security services of Member States shall assist one another and
ensure proper coordination for the apprehension of criminals.
Member
States shall establish specialised departments within their
ministries of Justice, Defence and Security with trained personnel
and communication equipment for coordination and centralisation of
cooperation matters in particular, mutual assistance in criminal
matters, and extradition requests.
Member
States shall supply the Executive Secretariat with documents
setting out the details of criminal procedures in their countries.
The information provided by Member States shall include a summary
of the criminal process, from beginning to end, and shall outline
what is needed for each State to grant a request for mutual
assistance, extradition or the restraint or forfeiture of proceeds
of crime. Member States shall also provide all the contract
particulars for their national units and exchange information
concerning any other relevant authorities and provide updated
lists of the said units. The information shall be translated and
circulated by the ECOWAS Secretariat to all the specialised units
(Central authorities) established to handle requests and other
related matters that may arise in the course of implementation.
With
a view to strengthening national legal instruments on mutual legal
assistance and extradition and making them more functional and
efficient, all Member States shall harmonize their domestic law in
accordance with the relevant ECOWAS Conventions on Mutual
Assistance in Criminal Matters and Extradition. Member States
undertake to adopt a convention to incriminate and make punishable
the most commonly committed crimes in the sub-region.
Member
States shall keep statistics, in particular, on the number of
mutual legal assistance and extradition requests received and
sent, as well as results obtained. There shall also be periodic
meetings of the specialised departments of the Ministries of
Justice, Defence and Security and the Interpol National Central
Bureaux for the purpose of exchanging information on past or
on-going cases and on measures aimed at improving cooperation.
Member
States shall develop simplified restitution procedures for
vehicles and other stolen objects seized by the requested State.
The
judicial and police authorities of ECOWAS Member States shall
consider the red notices published by the ICPO-Interpol at the
request of an ECOWAS Member State as valid requests for
provisional arrest for the purpose of Article 22 of the ECOWAS
Convention on Extradition.
Member
States shall establish a special fund for detected proceeds of
crime. This fund can be used for preventive and criminal justice
response to, inter alia, trans-border crime and drug trafficking.
Member States shall also give consideration to the establishment
of confiscated asset management offices, where required.
Legislation
on forfeiture of proceeds of crime in Member State shall be
applicable to all crimes.
ECOWAS
shall establish a Crime Prevention and Criminal Justice Centre (ECPCJS)
to serve as focal point for mutual legal assistance. The Centre
shall be part of the Legal Department within ECOWAS. This ECPCJC
shall assist in linking up ECOWAS Member States to non-ECOWAS
Member States in Mutual Assistance Matters. It shall also serve as
a supervisory power to ensure that countries implement conventions
they sign.
Article
47: Coordination
of Policies
The
Executive Secretary shall be responsible for the coordination and
implementation of all decisions relating to sub-regional security.
Article
48: Anti-Corruption
Measures
To
eradicate corruption within their territories and in the
sub-region, ECOWAS and its Member States shall promote
transparency, accountability and good governance.
Article
49: Measures
Against Money Laundering
The
ECOWAS Secretariat and Member States shall adopt strategies for
combatting the problem of money laundering, by extending the scope
of offences, enabling the confiscation of laundered proceeds and
illicit funds and easing bank secrecy laws within and outside the
sub-region.
Article
50: Control of the
Proliferation of Small Arms
While
taking into account the legitimate national defence and security
needs, and those of international peace-keeping operations, ECOWAS
shall establish effective measures to:
control
the importation, exportation, manufacture and eradicate the flow
of small arms.
register
and control the movement and use of legitimate arms stock;
detect,
collect and destroy all illicit weapons;
encourage
Member States to collect and destroy all surplus weapons.
Article
51: Preventive
Measures Against the Illegal Circulation
of
Small Arms
ECOWAS
shall take all the necessary measures to combat illicit
trafficking and circulation of small arms. These measures shall
include:
developing
a culture of peace;
training
for military, security and police forces;
enhance
weapons control at border posts;
establishment
of a database and regional arms register;
collection
and destruction of surplus and illegal weapons;
facilitating
dialogue with producers and suppliers;
reviewing
and harmonising national legislation and administrative
procedures;
mobilising
resources.
ECOWAS
shall strengthen its institutional and operational capabilities
and those of its Member States for the effective implementation of
the measures mentioned in Paragraph 1 above.
The
Executive Secretariat’s Department of Political Affairs, Defence
and Security shall coordinate and monitor implementation of all
programmes and activities and shall analyse information from the
zonal headquarters.
In
order to promote and ensure coordination of concrete measures at
national level, Member States shall, in accordance with guidelines
adopted by ECOWAS, establish national commissions made up of
representatives of the relevant authorities and the civil society.
At
the beginning of any ECOMOG peacekeeping operations, all dedicated
light weapons and ammunition shall be declared to the Executive
Secretariat so as to ensure their effective control as well as
removal upon completion of the operations.
All
weapons collected during any disarmament exercise shall be
destroyed.
CHAPTER
XI
COOPERATION
WITH THE ORGANISATION OF
AFRICAN
UNITY, UNITED NATIONS AND OTHER
INTERNATIONAL
ORGANISATIONS
Article
52: Cooperation
In
pursuit of its objectives, ECOWAS shall cooperate with the
Organisation of African Unity (OAU), the United Nations
Organisation (UNO) and other relevant international organisations.
In
the implementation of this Mechanism, ECOWAS shall fully cooperate
with the OAU Mechanism for Conflict Prevention, Management and
Resolution.
In
accordance with Chapters VII and VIII of the United Nations
Charter, ECOWAS shall inform the United Nations of any military
intervention undertaken in pursuit of the objectives of this
Mechanism.
CHAPTER
XII
SPECIAL
PROVISIONS
Article
53: Abrogation
The
provisions of this Protocol shall replace all the provisions of
the ECOWAS Protocol relating to Mutual Assistance in Defence
signed on 29 May 1981, which are in conflict with the spirit of
this Protocol.
The
provisions of the Protocol on Non-Aggression signed on 22 April,
1978, which are incompatible with those of the present Protocol
are hereby declared null and void.
Undertakings
devolving from the provisions of this Protocol shall not be
interpreted as being against the spirit of Conventions or
Agreements between one Member
State
and a third State; provided such Conventions and Agreements are
consistent with the spirit of this Protocol, otherwise, such
provisions are null and void.
Article
54: Rationalisation
of Subregional Institutions
ECOWAS
shall take necessary measures to rationalise all mechanisms,
institutions and organs of the sub-region, having similar aims and
objectives with this Mechanism.
To
this end, ANAD may be transformed into a specialised agency of
ECOWAS.
CHAPTER
XIII
GENERAL
AND FINAL PROVISIONS
Article
55: Amendments
Any
Member State may submit proposals for the amendment or revision of
this Protocol.
Any
such proposals shall be submitted to the Executive Secretary who
shall notify other Member States not later than thirty days after
the receipt of such proposals. Amendments or revisions shall not
be considered by the Authority unless Member States shall have
been given at least one month’s notice thereof.
Amendments
or revisions shall be adopted by the Authority.
Article
56: Withdrawal
Any
Member State wishing to withdraw from this Protocol shall give a
one-year written notice to the Executive Secretary who shall
inform Member States thereof. At the end of this period of one
year, if such notice is not withdrawn, such a State shall cease to
be a party to the Protocol.
During
the period of one year referred to in the preceding paragraph,
such a Member State shall nevertheless continue to observe the
provisions of this Protocol and discharge its obligations
thereunder.
Article
57: Entry into
Force
This
Protocol shall enter into force provisionally upon signature by
Heads of State and Government. Accordingly, signatory Member
States and the Executive Secretariat hereby undertake to start
implementing all provisions of this Mechanism upon signature.
This
Protocol shall definitely enter into force upon ratification by at
least nine (9) signatory States in accordance with the
constitutional procedures of each Member State.
Article
58: Depository
Authority
This
Protocol and all instruments of ratification shall be deposited
with the Executive Secretariat which shall transmit certified true
copies to all Member States and notify them of the dates of
deposit of instruments of ratification by the Member States and
shall register it with the Organisation of African Unity (OAU), as
well as the United Nations (UN) and any other Organisation as may
be decided by the Council.
IN
FAITH THEREOF,
WE,
THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HAVE SIGNED
THIS PROTOCOL.
DONE
AT LOME, THIS 10TH DAY OF DECEMBER, 1999
IN
SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES,
ALL TEXTS, BEING EQUALLY AUTHENTIC.
.........................................................
H.E.
Mathieu KEREKOU
H.E. Blaise COMPAORE
President
of the Republic
President of Faso
of
Benin
Chairman, Council of Ministers
of Burkina Faso
..........................................................
Hon.
Alexandre Dias MONTEIRO
H.E. Henri Konan BEDIE
Minister
of Commerce, Industry
President of the Republic
and
Energy
of Côte d’Ivoire
For
and on behalf of the
President
of Cabo Verde
.......................................................
H.E.
Mrs Isatou NJIE-SAIDY
H.E. Flt.-Lt. Jerry John RAWLINGS
Vice-President,
President of the Republic
Secretary
of State for Health, Labour,
of Ghana
Social
Welfare and Women’s Affairs,
For
and on behalf of the President
of
the Republic of The Gambia
........................................................
Hon.
Zaïnoul Abidine SANOUSSI
Hon. José Pereira BATISTA
Minister
of Foreign Affairs in the
Minister of Foreign Affairs
President’s
Office
and International
Cooperation
For
and on behalf of the President
For and on behalf of the President
of
the Republic of Guinea
of the Republic of Guinea-Bissau
...........................................................
Hon.
Enoch DOGOLEAH
H.E. Alpha Oumar Konare
Vice-President
President of the Republic of
For
and on behalf of the President
Mali
of
Liberia
.................................
...........................
Hon.
Sidi Mohamed Ould BOUBACAR
H.E. Squadron Leader Daouda
Minister,
Secretary-General at the Presidency
Malam WANKE
For
and on behalf of the President of the
President of the Council for National
Islamic
Republic of Mauritania
Reconciliation, Head of State of the
Republic of Niger
............................................................
H.E.
Olusegun OBASANJO
H.E. Abdou DIOUF
President,
Commander-in-Chief
President of the Republic
of
the Armed Forces of the Federal
of Senegal
Republic
of Nigeria
.......................................................................
H.E.
Ahmad Tejan KABBAH
H.E. Gnassingbé EYADEMA
President
of the Republic
President of the Togolese
of
Sierra Leone
Republic |