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Policy Framework on ASF and MSC Part One

Chapter 4

Military Staff Committee

Establishment


1. The Military Staff Committee (MSC) is to be established pursuant to Article 13 of the PSC Protocol. In this respect, it should be established as a standing advisory military committee to the PSC.
   
   Composition and Membership
   
2. According to the relevant Article, the MSC shall be composed of Senior Military Officers of the Member of the PSC. It also provides that any Member State not represented on the MSC may be invited by the Committee to participate in its deliberations when it is so required for the efficient discharge of the Committee's responsibilities.
   
3. Regional Representation
   
   Given that operational capacity of the ASF is largely based on sub-regional groupings, the views of the sub-regions should be represented in the MSC. This creates a responsibility for Member States to consult with their sub-region, in order to accurately reflect the sub-regional position, and to periodically invite Regional representatives as observers to MSC meetings.
   
4. MSC Membership
   
   Membership of the MSC should accord with those of the PSC. Members will serve the terms of their elected Member States serving on the PSC. In the event that an elected Member State of the PSC is not permanently represented by a sufficiently Senior Military Advisor in Addis Ababa, that Member State may authorize/designate another Member State which is not a Member of the PSC, to serve on its behalf on the MSC.
   
   Functions
   
5. Having due regard to Article 13 of the PSC Protocol and informed by the functions of the MSC of the UN Security Council (Article 47), as well as similar provisions of NATO, the EU and the SHIRBRIG, the Meeting proposes the following military advisory functions for the MSC:
   1. To advise and assist the PSC in all questions relating to military and security requirements for the promotion and maintenance of peace and security in Africa.
      
   2. Similarly, to keep the Chiefs of Defence Staff (CDS) of Member States serving on the PSC and MSC well informed of all decisions of the PSC, and their implications on peace and security in Africa , in order to facilitate their deliberations and decisions during MSC meetings at the level of ACDS.
      
   3. To ensure that policies and actions in the fields of conflict prevention, management and resolution are consistent with sub-regional mechanisms.
      
   4. To enhance co-operation in the fields of early warning, conflict prevention, peacemaking, peacekeeping and post-conflict peace building through consultations with the PSD (PSOD).
      
   5. Prior to submission of plans to the Chairperson, co-ordinate with the PSOD.
      
   6. Subject to the decision and authorization of the PSC, participate in or undertake visits to ASF missions, and other peacemaking and peace building functions for the resolution of conflicts.
      
   7. Carry out any other functions, which the PSC may entrust to it.
   Chairperson
   
6. The modalities of the Chairperson of the MSC should be guided by those of the PSC. Thus, the Member State holding the Chair of the PSC should also provide the Chair of the MSC.
   
7. In accordance with the Provisions of the PSC Protocol, the Chairperson of the PSC should take appropriate measures for convening meetings of the MSC at the level of the CDS. In all other cases, the Chair of the MSC will convene meetings and take appropriate follow-up measures.
   
   Rules of Procedure
   
8. Agenda
   
   The Meeting recommends that the MSC should derive the agenda of its meetings from two sources:
   1. Members of the MSC should be given notification of all PSC meetings at the same time that members of the PSC are being notified, in order to facilitate their own deliberations, consultations, and provision of advice, prior to meetings of the PSC.
      
   2. As and when it is necessary to convene on its own accord, the MSC should develop its own agenda. The provisional agenda of such MSC meetings should be determined by its Chairperson on the basis of items proposed by its Members, or advised/suggested by the PSD. The inclusion of any item in the provisional agenda may not be opposed by a Member.
      
   3. In general, the draft agenda may include the following items:
      1. Adoption of the agenda.
         
      2. Reading and adoption of the minutes of the previous meeting.
         
      3. Chairperson's remarks and information.
         
      4. Mission/Security Information briefing.
         
      5. Substantive points (to be presented by nominating Member).
         
      6. Date and draft agenda of next meeting.
         
      7. Any other business.
9. Meetings
   
   The Meeting proposes that:
   1. The MSC should be in permanent sessions and should meet at the level of Senior Military Officers and CDS. It should convene as often as required, prior to all meetings of the PSC at the level of the Senior Military Officers, but at least once a month, prior to meetings of the PSC, which they should also attend to offer any necessary clarifications and advice when invited to do so. The MSC should also convene normally once per year at the level of the CDS, and include Regional representatives, to discuss questions relating to the military and security requirements for the promotion and maintenance of peace and security in Africa, and to review the activities of the MSC.
      
   2. Upon notification of PSC meetings, the MSC should meet to deliberate on the military security implications of all issues coming before the PSC, and formulate common understanding and position on such issues.
      
   3. If and when necessary/possible, it should arrange consultative meetings with the PSD in order to seek further clarifications on issues, or to acquaint the PSD with the perspectives and/or position of the MSC on issues.
      
   4. The MSC should prepare briefs detailing the perspectives and/or position of the MSC regarding issues coming before the PSC, in order to facilitate the deliberations and decisions of the PSC.
10. Quorum
    
    The number of Members required to constitute a quorum should be two-thirds of the total membership of the MSC, that is, 10 out of the 15 Members.
    
11. Conduct of Business
    1. In line with the PSC, the MSC should hold closed meetings, during which any Member who is party to a conflict or a situation under consideration by the MSC should not participate, either in the discussion or in the decision-making process relating to that conflict or situation. Such a Member should be invited only to present its case to the MSC as appropriate, and should, thereafter, withdraw from the proceedings.
       
    2. When the MSC decides to hold open meetings:
       1. Any Member which is not a Member of the MSC, if it is party to a conflict or a situation under consideration by the MSC, should be invited to present its case as appropriate, without the right to vote, in the discussion.
          
       2. Any Member which is not a Member of the MSC may be invited to participate, without the right to vote, in the discussion of any question brought before the MSC whenever that Member considers that its interests are especially affected.
          
       3. Any Regional Mechanism, international organization or civil society organization involved and/or interested to participate, without the right to vote, in the discussion of relating to that conflict or situation, may be invited.
    3. In appropriate ways and with appropriate institutions, the MSC may hold informal consultations with parties concerned with or interested in a conflict or a situation under its consideration, as well as with Regional Mechanisms, international organizations and civil society organizations as may be needed for the discharge of its responsibilities.
       
    4. The MSC may also establish such working or working groups as it deems necessary for the performance of its functions.
12. Decisions and Voting
    1. Each Member of the MSC should have one vote.
       
    2. Decisions of the MSC should generally be guided by the principle of consensus. In situations where consensus cannot be reached, the MSC should adopt its decisions on procedural matters by a simple majority, while decisions on all other matters should be made by a two-thirds majority vote of its Members voting.
13. Other Rules of Business
    
    Within the foregoing framework, the MSC should evolve and submit its own rules for the conduct of business, records of meetings and any other relevant aspect of its work, for due consideration and approval by the PSC. The Chairperson of the MSC may avail him/herself of the services of the PSC Secretariat for the production of the records of meetings and any other relevant aspects of the work of the MSC. The MSC will further be guided by the relevant traditions of the PSC.
    
    Accountability
    
14. The MSC should be an advisory Committee accountable to the PSC, even though it may consult with other institutions as explained in these provisions. It should have no executive powers of its own except as and when assigned by the PSC.

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