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Executive Council, Third Extraordinary Session, 21 - 25 May 2003, Sun City, South Africa

Draft rapporteur's report of 3 rd extraordinary session of the Executive Council

Introduction

  1. The Third Extraordinary Session of the Executive Council of the African Union was held in Sun City/Sandton, South Africa from 21-24 May 2003 under the Chairmanship of Mme Dr. Nkosazana Clarice Dlamini-Zuma, Minister of Foreign Affairs of South Africa and Chairperson of the Executive Council. His Excellency Thabo Mbeki, President of the Republic of South Africa was the guest of honour.

    Attendance:
    1. Algeria 25. Libya
    2. Angola 26. Malawi
    3. Benin 27. Mali
    4. Botswana 28. Mauritania
    5. Burkina Faso 29. Mauritius
    6. Burundi 30. Mozambique
    7. Cameroon 31. Namibia
    8. Cape Verde 32. Niger
    9. Chad 33. Nigeria
    10. Union of The Comoros 34. Rwanda
    11. Congo 35. SADR
    12. Cote d'Ivoire 36. Senegal
    13. Djibouti 37. Seychelles
    14. Egypt 38. Sierra Leone
    15. Eritrea 39. South Africa
    16. Ethiopia 40. The Sudan
    17. Gabon 41. Swaziland
    18. Ghana 42. Tanzania
    19. The Gambia 30. Tog
    20. Guinea 44. Tunisia
    21. Equatorial Guinea 45. Uganda
    22. Kenya 46. Zambia
    23. Lesotho 47. Zimbabwe
    24. Liberia

  2. The following Member States attended the Session:
  3. The following Regional Economic Communities also attended the Session: CEN-SAD, ECOWAS,….
  4. Also in attendance were representatives of the following African and non-African organizations: UNDP, UN….

    Opening Ceremony
  5. The Opening Ceremony was presided over by Mme Dr. Nkosazana Clarice Dlamini-Zuma, Minister of Foreign Affairs of the Republic of South Africa in her capacity as Current Chairperson of the Executive Council. Three statements were made during the Opening Ceremony:

    Address by the Interim Chairperson of the Commission of the African Union
  6. In his address, Mr. Amara Essy, Interim Chairperson of the Commission of the African Union, thanked the President, the Government and the people of South Africa for the warm welcome extended to all the delegations and for the excellent facilities provided to ensure the success of the Third Extraordinary Session of the Executive Council.
  7. The Interim Chairperson expressed the gratitude of the Commission to the South African Government for having accepted to host this Session of the Executive Council.
  8. Underscoring the importance of the Session which is expected to examine proposals on the Structure of the Commission and Conditions of Service of the Staff, the Interim Chairperson recalled the principles that guided the Commission and experts for the various international organizations who assisted the Commission in the drafting of the report presented to Member States for consideration. He said that except for a few points of divergence, the Structure as presented by PRC to the Executive Council for its consideration was acceptable to the Commission. This demonstrated the excellent spirit of cooperation that characterized the working relations between the PRC and the Commission in the elaboration of the Structure. He however deplored the fact that “culture” has been relegated to the background in the proposed Structure.
  9. The Interim Chairperson further briefed the Executive Council about the progress made by the Commission in the implementation of the Durban Decision concerning the establishment of the various organs of the African Union. He assured Council that all necessary efforts would be made by the Commission to ensure full implementation of the said decision between now and the next meeting in Maputo .
  10. The Interim Chairperson concluded by informing Council of recent developments in the political situation on the continent, particularly in Burundi, the DRC, Cote d'Ivoire and CAR.

    Opening address by H.E. Thabo Mbeki, President of the Republic of South Africa
  11. President Mbeki welcomed guests to South Africa and expressed appreciation for the good attendance at the 3 rd Extra-Ordinary Session of the African Union. President Mbeki indicated that this attendance reaffirmed Member States' commitment to the AU's central objectives of democracy, peace, stability and prosperity. He expressed the view that the participation should ensure that the AU builds strong structures and puts together the necessary mechanisms that will enable the Commission to advance the central objectives.
  12. President Mbeki was of the view that as the Executive Council in its deliberation will keep in mind that the Commission must serve as an apex organ of the Organization and must be so empowered to advance the goal of the AU.
  13. President Mbeki expressed concern about the slow progress of establishing all the organs of the AU, in particular, the Peace and Security Council. He emphasized the need to strengthen the Regional Economic Communities which in the President's view will be the vehicle for implementation.
  14. He concluded by urging the Executive Council members to apply themselves to resource mobilization. He emphasized that Africans are to be respected by other world bodies they have to seek resources to apply to the implementation to achieve intended outputs.

    Vote of thanks
  15. The Minister of Foreign Affairs and Integration of the Republic of Chad , H.E. Mr . Mahamat Saleh Annadif, addressed a vote of thanks to the President, the Government and the people of South Africa on behalf of all the delegations. He said that the present Session was taking place less than three months after the Second Session of the Executive Council held in N'Djamena, Chad in March 2003. He further stated that the holding of this Extraordinary Session of the Executive Council testified to the vitality and dynamism that characterize the organs of the African Union, as well as the new impetus injected not only by the Chairperson of the Executive Council, but also the Chairperson of the Union whose accessibility and clear-sightedness are indisputable.
  16. The Minister paid tribute to the South African authorities for deciding to organize the 3 rd Session of the Executive Council in the ideal setting of Sun City , which has already hosted several meetings. He stressed that the present meeting was not a mere coincidence, but an event of significant importance which confirmed South Africa 's interest in the affairs of the continent. Concluding, the Minister, on behalf of the Executive Council, expressed his sincere thanks and gratitude to President Thabo Mbeki, the Chairperson of the Executive Council, the Government and people of South Africa for the warm welcome extended to all the delegations and for the excellent facilities to ensure the success of the session at Sun City .

    Organization of Work
  17. Council adopted the following working hours:


    Morning: 10h00 - 13h00
    Afternoon: 15h00 - 20h00

    Adoption of the Agenda
  18. During the discussion that preceded the adoption of the Agenda, some delegations expressed surprise at the non-inclusion of an item on the Agenda of the present Session of the Council. The said item related to the Budget covering the period September to December 2003 after the election of the Chairperson, the Vice-Chairperson and the Commissioners of the Commission at Maputo . Following this discussion, Council decided that the Commission should submit to its current session, for consideration, a budget in its broad outlines covering the period referred to above.
  19. Thereafter, Council adopted the following Agenda:

    1.

    		a) Opening Ceremony
    b) Organization of Work
    c) Adoption of the Agenda

    2.


    Progress Report of the Ad Hoc Ministerial Committee on the Election process of the Commissioners

    3.


    Report of the Ministerial Committee on the Scale of Assessment

    4.


    Consideration of the Report of Experts on the Common Defence and Security Policy

    Ext/EX/CL/2(III)

    5.


    Consideration of the Report of the Interim Chairperson on the Outcome of the 3 rd Meeting of Chiefs of Staff on the African Stand-by Force

    Ext/EX/CL/3(III)

    6.


    Consideration of the Report on the New Structure of the Commission and the Conditions of Service for the Staff of the Commission and their Financial Implications

    Ext/EX/CL/6(III)

    7.


    Consideration of the Recommendations on the African Diaspora

    Ext/EX/CL/5(III)

    8.


    Briefings by Prof. I. Gambari, UN Under Secretary General and Special Advisor on Africa and Prof. W. Nkuhlu, Chairperson of NEPAD Steering Committee on NEPAD (24 May in Sandton)

    9.


    Consideration of the Draft Budget for the period 1 September to 31 December 2003

    Ext/EX/CL/4(III

    10.


    Adoption of the Recommendations of the 3 rd Extraordinary Session of the Executive Council

    Agenda Item 3: Report of the Chairperson of the Ministerial Ad- Hoc Committee on the Review of the Scale of Assessment

  20. In pursuance of its mandate, the Chairperson of the Ad Hoc Ministerial Committee on review of the scale of assessments for the African Union, H. E. Dr. N.C. Dlamini Zuma reported to the Council that after fruitful deliberations, her Committee reached the following consensus on the elements of the scale methodology:
    • Capacity to pay as the basis underpinning the scale of assessments methodology.
    • Gross national product as the income measure of this capacity to pay.
    • Allowance for debt burden as measured by principal repayments of debt.
    • Allowance for low per capita income to provide relief to Member States with large population.
    • Suspension of the application of the current scheme of limits at least for the present review of the scale.
    • Scale review at least every three years.
    • Principle of equity and fairness to guide the determination of the scale of assessments.
  21. Based on this consensus, the Committee made the following recommendations for the consideration of the Executive Council to be held in Maputo, Mozambique:
    • The need to adjust the scale to make it more equitable but this should be done in phases not instantly.
    • Agreed on the introduction of a two-tier floor, namely 0.25 and 0.75 per cent.
    • Increase the ceiling initially to 8.25 per cent although if need be, this could be increased gradually in phases.
    • The Ministers should relay the recommendations to their capitals for appropriate action for the Maputo Summit.
    • The mandate of the Ad Hoc Ministerial Committee be extended to continue its work on the review of the assessments scale and include overseeing the budgeting process; reviewing the Commission's financial system and management. In this context, the Committee appealed to the Member States to second financial experts to assist the Commission in these processes.
    • The need to use the most recent statistical data in the formulation of the scale without effecting in any way the agreement on the ceiling and floor rates.
    • The Executive Council should mandate the Ad Hoc Committee to further explore the issue of mitigation as a means of easing the burden of specific countries as a result of the imposition of the already agreed ceiling rate. This process should not affect the already agreed upon ceiling and floor rates.

    Agenda Item 4: Report of the Interim Chairperson on the Second Meeting of Experts on the Draft Framework for the Common African Defence and Security Policy - Doc. Ext/EX/CL/2 (III)

  22. The Agenda item was introduced by the Interim Commissioner for Peace and Security and Political Affairs. He traced the history of the AU's involvement with the matter, starting with the Decision of the Inaugural Session of the AU Assembly in Durban in July 2002, to request the Chairperson, the President of South Africa, to establish a group of Experts to examine all aspects related to the establishment of a Common African Defence and Security Policy, and to submit their recommendations for consideration at its next Ordinary Session.
  23. Consequently, the AU Commission had prepared a Concept Paper for consideration at the First Meeting of Experts on the Policy, hosted by the Government of South Africa from 27 to 29 March, 2003 , in fulfillment of the mandate conferred on the President of South Africa by that Summit at Durban . At the end of that First Meeting of Experts, it was agreed that the process of formulating such a Policy would involve a gradual and incremental approach to permit the inclusion of the inputs of stakeholders the national level. In addition, though the Experts had also given some consideration what form the document containing the said Policy should take, there was agreement that the focus should first be on elaborating the content of that document, pending the resolution of that issue later.
  24. The Interim Commissioner added that, following the preparation by the Commission of a draft policy document on the proposed Policy at the request of that First Meeting of Experts - which document was based on the views of the Experts at that meeting, the relevant parts of the Concept Paper and the Draft Memorandum of Understanding submitted by South Africa – a Second Meeting of Experts was held at Sun City, South Africa, on 19 May, 2003. That Second meeting had considered the said Draft Policy document prepared by the Commission, entitled “Framework for the draft Common African Defence and Security Policy”.
  25. The Interim Commissioner informed the Executive Council that at the Second Meeting, the Experts had affirmed the position taken at their first meeting, to the effect that the on-going effort to formulate the said Common African Defence and Security Policy should be regarded as “work in progress”, and that there was need to continue to pursue the incremental approach thus so far adopted, taking into account the requirement to allow for the conduct of consultations at the national level with all stakeholders, including the Ministers responsible for Defence and Security matters.
  26. In the discussion that followed, many delegations expressed their support for the proposal to establish a Common African Defence and Security Policy; and expressed their appreciation for the work which had been done so far by the Commission and the Experts..
  27. It was, however, acknowledged that more work and consultations needed to be undertaken because of the complex nature of the subject. Further consultations would, indeed, allow for the inclusion of the views of such stakeholders and the Ministers of Defence and the Interior. Emphasis was also laid on the need to speed up the ratification of the Protocol relating to the establishment of the Peace and Security Council, given that the matter of establishing peace and security on the continent was of paramount importance. In that regard, the view was expressed that every effort should be made to ensure that the ratification of the Protocol is accomplished before the holding of the forthcoming Session of the Assembly in Maputo in July 2003.
  28. Delegations expressed their appreciation for the broad scope of the definitions of “defence”, “security”, and “common threats”, contained in the document. It was also suggested that a Common African Defence and Security Policy should not only try to resolve conflicts but also create capabilities to prevent them. Further, an arrangement should be put in place that would enable rapid mobilisation and reaction to conflict situations. The view was also expressed that the role of women in conflict management as expressed in the document, should be further strengthened in the document. Some delegations also argued for respect for the principle of sovereignty and territorial integrity and the adherence to existing borders as detailed in the Constitutive Act of the African Union. They also called for the implementation of the code of ethics elaborated in the context of the previous commitments made at the Tunis Summit. It was also underlined that emphasis on the issue of refugees was crucial and that Member States of the Union should avoid encouraging foreign intervention on the continent and find African solutions to African problems, in accordance with the Constitutive Act of the African Union.
  29. Other views expressed were to the effect that coordination with NEPAD and the regional organizations should be strengthened. Indeed, it was important to recognize that the regions had experiences which were peculiar to their respective environments. Accordingly, a Common African Defence and Security Policy should recommend a framework in which the sub-regional systems would be mandated to deal with emergent problems within the structure of the African Union. Other delegations also argued that diverse national defence and security interests should also be respected.
  30. At the end of its deliberations on this agenda item, the Executive Council took note of the policy document, “The Draft Framework for a Common African Defence and Security Policy”.

    Agenda Item 5: Report of the Interim Chairperson on the 3 rd Meeting of Chiefs of Staff on the African Standby Force - Doc. Ext/EX/CL/3 (III)

  31. Introducing the above item, Ambassador Said Djinnit, Interim Commissioner in charge of Peace and Security and Political Affairs, said that the Third Meeting of the Chiefs of Staff which took place in Addis Ababa from 15 to 16 May 2003 formed part of the operationalisation of the Protocol on the Peace and Security Council which calls for the establishment of a number of structures, namely: the Council of Wisemen, the African Standby Force and the Chief of Staff Committee, and the adoption of the Rules of Procedure of the Peace and Security Council.
  32. He informed Council that the Commission had set up a group of AU/UN consultants to prepare a reference document which was later enriched by inputs from a first meeting of the Commission, representatives of regional groups, the United Nations as well as representatives of partners of the African Union including organizations or programmes specialized in providing support for peace-keeping operations such as BMATT, RECAMP, ACOTA and SHIRBRIG etc. and from a second Governmental Experts' Meeting held in Addis Ababa from 12 to 14 May 2003. The document was then submitted to the Chiefs of Staff who examined it during a meeting held in Addis Ababa from 14 to 16 May 2003 .
  33. Outlining the results of the meeting of the Chiefs of Staff, Ambassador Djinnit explained the concept of “African Standby Force” as adopted by the meeting. This force, he said, would be made up of “brigades” at the level of African regions which would be deployed when necessary by the African Union to undertake missions according to six scenarios ranging from observation missions/peace keeping missions to intervention in accordance with the Constitutive Act.
  34. Regarding the time frame for the establishment of the African Standby Force, the Interim Commissioner said that the Chiefs of Staff had planned it in two phases which were linked to the complex nature of the activities to be undertaken between now and 2005 and from 2005 to 2010.
  35. Lastly, the Interim Commissioner highlighted the partnership project between the AU and G8 concerning the Peace and Security Agenda of the African Union. This partnership, he intimated, should be based on Africa 's needs as expressed in both the objectives of the Protocol on Peace and Security Council and in the Meeting of African Chiefs of Staff.
  36. In the ensuing debate, delegations which took the floor recognized the importance of the establishment of the African Standby Force particularly within the context of the on-going brainstorming on a Common African Defence and Security Policy. They however highlighted the following elements:
    • The problem of financing : delegations expressed concern over the cost of establishing an African Force citing examples of experiences arising from on-going operations on the continent; others warned against dependence in this regard. Continuing in the same vein, one delegation felt that the savings on arms purchases within the context of the numerous conflicts on the continent would be sufficient to finance the common African defence policy;
    • Time frame for the establishment of the Force : one delegation was of the view that the proposed time frame was too long and that it should be shortened;
    • Implementation phases : some delegations believed that, given the financial cost of the Common African Defence and Security Policy, particularly the operationalisation of the African Standby Force, it would be necessary to proceed stage by stage, bearing in mind the financial capacity of Member States.
  37. Council took note of the document which would be submitted to the Assembly.

    Agenda Item 6: Consideration of the Report on the New Structure of the Commission and the Conditions of Service for the Staff of the Commission and their Financial Implications

    Placement of the Scientific and Technical Offices within the Commission.
  38. Several delegations raised the issue of the place of the following offices within the Commission: IBAR ( Nairobi ), IAPCC ( Yaounde ), SAFGRAD ( Ouagadougou ) and the Fouta Djallon Highlands Programme ( Conakry ).

    These same delegations were of the view that given the mandate, objective and functions of these offices, it was appropriate that they should report to the Rural Economic and Agricultural portfolio rather than the Human Resources, Science and Technology Portfolio, as proposed by the PRC. Following the discussions and in light of the exclamation provided by the Commission, Council decided that these offices should report to the Commission Headquarters through the Rural Economic and Agriculture Portfolio.

    Regarding the composition of the IBAR Steering Committee, the PRC had been requested to re-examine this issue in order to see to what extent it could be reduced to make it lighter and more operational.

    Concerning the Conakry Office, which has just been re-opened, the Commission and the Government of Guinea are called upon to pursue the negotiations initiated for the finalization and signing of the Headquarters Agreement, thereby revitalizing the Office and providing it with the necessary personnel for its normal activities. It was also proposed that, at the conclusion of the institutional and technical studies that are already in progress, the parties concerned, namely the Commission and the ECOWAS Secretariat undertake and see through the process of transferring the supervision of this AU project to ECOWAS. In the meantime, the Commission will continue to make provision in its budget for the running of the Conakry Office.



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