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See: Concept Paper on African Military Reform

24 April 2004

Draft PAP Bill on the Formation of a Unified and Integrated African Army, and Appointment of the All-African Command, for the purpose of implementing a common defense, security and peacekeeping policy for the African Union

Section I

Whereas Africa needs to augment the existing mechanisms of security, defense, conflict prevention, and peacekeeping structures, and needs more responsive institutions to counter unfamiliar hostilities that may arise in the future. Whereas the process of positive military integration has already begun and could take several years to complete;

Concerned that disunited, manipulated, and mutually hostile African armies have, in past instances, fallen under the control of organizations that are pursuing goals inimical to, or hostile to African unity, such as genocide, terrorism, colonialism, illegal invasion, occupation and domination of communities and states, torture, intimidation, use of mercenaries, overthrow of legitimate governments, and the illegal extraction of natural resources.

Concerned that the greatest threats to peace come from within Africa, on account of the fact that many African armed forces have inherited colonialist and racist attitudes towards their fellow Africans, and so remain hostile, undisciplined, prone to disregard legitimate authority, prone to abuse human and community rights, to destroy animals and the environment, and to misuse private and communal property.

Concerned that many army units suffer poor morale, are badly equipped, poorly trained, overworked, exploited and abused, and are underpaid, and that it is necessary to create a first-class integrated African military that is well-trained, well-equipped, adequately staffed, properly housed, well-fed and dressed, and that has sustainable capacity to support peacekeeping and conflict resolution in Africa and abroad.

Recalling that there are regions in Africa with depressed economies, with vast natural resources and passive or anxious populations, where many resident soldiers are unable to provide for their family's material well being on army salaries, and therefore that these regions may be attractive for occupation and control by mercenaries, opportunists, and foreign colonial powers.

Recalling that military disorder in one area tends to spread to neighboring regions by displacing communities, making weapons available, straining public services, diminishing security, undermining public health, discouraging positive social relations, and disrupting economic stability.

Section II

The PAP hereby declares that all of the armies of the constituent states of the African Union shall henceforth constitute the single and united African Union Defense Forces [AUDF]. The AUDF shall consist of the collective amalgamation of the entire armies of the constituent states of the African Union under the command of the African Chiefs of Defense Staff [ACDS], for the purpose of pursuing full military integration, and the augmenting of a common defense, security and peacekeeping policy for Africa.

The President of the PAP shall, after obtaining the approval of the African National Command Authority, determine the size of the ACDS, the troop strength for the new AUDF, the structure of its divisions and formations, the standadization of equipment, manuals and uniforms and location of facilities, the principles of recruitment and service, training for officers and sergeants, selection criteria for personnel, and the funding required for the AUDF.

The African National Command Authority shall consist of all the members of the PAP, all the members the Assembly, the AU Commissioners, and designated members of the President's cabinet. The Chair of the African National Command Authority shall be the President of the PAP, and the Secretary shall be a member of the president's cabinet with the responsibility to coordinate defense policy.

The President of the PAP shall nominate an executive committee from among the members of the African Chiefs of Defense Staff, and designate advisors and assistants to facilitate conflict prevention and oversee the activities of the AUDF.

The ACDS shall consist of persons nominated by the Heads of the constituent states of the African Union, and by the President of the PAP from among the members of the AUDF, chosen without regard to regional or state representation or any other qualifications or credentials, but rather with regard to their commitment and sensitivity to, experience in, and understanding of, the Pan African movement, and the concepts that strengthen African unity, African defense and security, conflict resolution and peacekeeping.

Where a security advisor, or the members of executive committee of the African Chiefs of Defense Staff, or the a commanding officer of a significant unit or arm of the AUDF is to be appointed, the nominee shall be invited to appear before interested committees of the Pan African Parliament to make statements and answer questions. The committees may adopt resolutions or make recommendations, as appropriate, relating directly to the statements made and answers provided.

Upon the appointment by any constitutive State of the African Union, of an officer, to serve as a member of the African Chiefs of Defense Staff, or for assignment in a country outside Africa, and before s/he officially takes up his/her duties, the President of the PAP shall invite the officer to make a statement to, and answer questions from, the PAP committee responsible. No officer of the ACDS may be demoted or fired or reassigned or promoted, except by the President of the PAP.

Following the statements and answers referred to above and at the initiative of the committee responsible, Parliament may make a recommendation.

The Chair of the African Chiefs of Defense Staff, as well as other executive officers of the ACDS, shall keep Parliament fully and regularly informed as to the practical implementation of his/her mandate, and shall be invited on occasion, or at his/her initiative, to attend meetings of the PAP committees in order to make statements and answer questions.

The staff of the AUDF shall keep all proper and usual accounts of moneys received or expended, including an income and expenditure account, a cash flow statement and a balance sheet, showing the source of the income of the forces and the purpose to which it is applied, for review by the PAP. The PAP shall create guidelines and policy concerning renumeration, allowances, terms and conditions of service, benefits and retirement. The PAP shall ensure that soldiers in the service of the AUDF shall not be brought to less beneficial conditions of service [including conditions in relation to tenure of office] or of renumeration than conditions of service to which they were subject immediately before the formation of the AUDF.

The ACDS officials, and other AU officials concerned with issues of peace, defense, and conflict, including the AU Peace and Security Council, shall ensure that the relevant PAP committees are provided regular and timely information on the development and implementation of the African Union's common defense and security policy, on outcomes envisaged under that policy, on any other considerations relating to the implementation of actions under that policy, and on the use of military assets in Africa and abroad, as well as the condition of African military personnel including their concerns about their place and role in the African Union and in the system of international relations.

The officers of the AUDF, members of the PSC, AU Commissioners and other concerned people and military personnel shall be invited to each plenary debate that involves security or defense or peacekeeping policy.

The PAP shall hold an annual debate on the main aspects, basic choices, budget and implications of the common defense and security policy.

The committees responsible for the AU peacekeeping, defense and security policy may draw up recommendations to the Assembly, the AU Commission, the AU States authorities and other institutions, in their areas of responsibility after obtaining authorization from the PAP.

Section III

When a municipal authority, a state authority, an intergovernmental authority, an organ or agency of the AU, or a Parliamentary committee intends to deploy an army unit, or to open negotiations on the conclusion, renewal or modification of a military or peacekeeping action, the PAP committee responsible shall ensure that Parliament is fully informed about its recommendations for a negotiating mandate.

Parliament may request the Assembly or any State government not to authorize a military action, or the opening of negotiations, until Parliament has stated its position on the proposed action or negotiating mandate on the basis of a report from the PAP committee responsible.

Throughout the negotiations the AU Commission, the Assembly, and the State government, and negotiating authorities, shall inform the PAP committee responsible regularly and thoroughly of the progress in the negotiations, if necessary on a confidential basis.

At any stage, of a military action, or of peace negotiations Parliament may, on the basis of a report from the committee responsible, and after considering any relevant proposal, adopt recommendations and require that these be taken into account before the conclusion of the peace agreement or military action under consideration.

When the negotiations are completed, but before any agreement is signed, and before a military action is taken, the draft agreement or action plan shall be submitted to Parliament for opinion or for assent.

Parliament shall give its opinion on, or its assent to, the conclusion, renewal or amendment of a military action, or a peace agreement or a defense or security protocol concluded by the African Union, a state, municipal or international authority, in a single vote by a majority of the votes cast without amendments to the text of the action plan, agreement or protocol being admissible.

If the opinion adopted by Parliament is negative, the President of the PAP shall request the Assembly or State government not to conclude the agreement or action in question.

If Parliament withholds its assent, to a military action, or a defense or security protocol or agreement, the PAP President shall notify the Assembly and the concerned State, municipal or international authorities that the action, protocol or agreement in question cannot be concluded.