INTERNATIONAL DISPUTE RESOLUTION

CONFLICT MANAGEMENT UNDER THE AFRICAN UNION

MARCH 20, 2014

Dispute Resolution under the African Union

Contents
1.0 INTRODUCTION .................................................................................................................................... 2 1.1. Justification for Conflict Resolution under the OAU ................................................................................ 2 2.0. DISPUTE RESOLUTION INSTITUTIONS UNDER THE AU ................................................................ 2 2.1. Commission of Mediation, Conciliation and Arbitration .......................................................................... 2 2.2. The Assembly .......................................................................................................................................... 3 2.3. Peace and Security Council ...................................................................................................................... 3 2.4. African Court on Human and People's Rights ......................................................................................... 3 3.0. METHODS OF DISPUTE RESOLUTION UNDER THE AU ................................................................. 4 3.1. MEDIATION .......................................................................................................................................... 4 3.1.1. Examples of disputes settled by mediation ............................................................................................. 4 3.1.1.1. Burundi .............................................................................................................................................. 4 3.1.1.2. Comoros ............................................................................................................................................. 5 3.1.2. Shortcomings of mediation .................................................................................................................... 5 3.2. LITIGATION IN THE AFRICAN UNION .............................................................................................. 6 3.2.1. The African Court of Justice ................................................................................................................. 6 3.2.2. Cases handled by the African Court of Justice ...................................................................................... 6 3.3. PEACEKEEPING MISSIONS ................................................................................................................ 7 3.3.1. Examples of peace keeping missions ...................................................................................................... 7 3.3.1.1. The Peacekeeping mission in Burundi ................................................................................................ 7 3.3.1.2. The Peacekeeping Mission in Somalia ................................................................................................ 8 3.3.1.3 Peacekeeping mission in The Darfur Region ........................................................................................ 8 3.3.2. Problems faced by the AU in peacekeeping missions ............................................................................. 9 3.4. INQUIRY ................................................................................................................................................ 9 3.4.1. The 2004-2007 Commission of Inquiry for Darfur ................................................................................. 9 3.4.2. The African Union Commission of Inquiry into the South Sudan conflict .............................................. 9 3.5. CONFLICT MANAGEMENT BY THE AFRICAN UNION .................................................................. 10 3.5.1. The Ethiopia-Eritrea Conflict (1998 2000) ........................................................................................ 10 3.5.2. Conflict in Sierra Leone ...................................................................................................................... 11 3.5.3. Resolution of Conflicts using Military Actions ..................................................................................... 12 Conclusion ................................................................................................................................................... 12 REFERENCES ............................................................................................................................................ 13 List of Cases ................................................................................................................................................. 13 Instruments.................................................................................................................................................. 13 Bibliography ................................................................................................................................................ 13

Dispute Resolution under the African Union

1.0 INTRODUCTION The aim of Conflict Management under the AU is the achievement of security and stability on the continent as a means of becoming a dynamic force in the global arena, as is set out in the Preamble to its Charter. The African Union also recognizes the Charter of the United Nations and the Universal Declaration of Human Rights as providing a solid foundation for peaceful and positive cooperation among states. This vision has been endorsed by the supreme organ, the Assembly of Heads of State and Government. However, the Assembly only convenes twice a year, thus is not suitable for oversight in day-to-day conflict management. In this regard, the Peace and Security Council of the African Union is tasked with managing strategic decisions and operational procedures on management of conflicts in Africa. It is a forum composed of fifteen elected members. The AU vision supports African solutions to conflicts whenever possible, upholds preference for non-use of force and peaceful settlement of disputes1, and maintains general commitment to noninterference to internal affairs of member states2.

1.1. Justification for Conflict Resolution under the OAU Under the OAU Charter3, The Member States, in pursuit of the purposes stated in Article II solemnly affirm and declare their adherence to peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration as one of the principles of the AU.

2.0. DISPUTE RESOLUTION INSTITUTIONS UNDER THE AU

2.1. Commission of Mediation, Conciliation and Arbitration The Charter of the OAU echoes the prohibition on the use of force found in the United Nations Charter. To this end, the Commission of Mediation, Conciliation and Arbitration is recognized as one of the principal institutions of the AU.
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Article III Charter of the Organization of the African Union identifies the principles governing the African Union 2 Ibid. 3 Ibid.

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The functions of this Commission is further elaborated in Art XIX, where the 'member states pledge to settle all disputes among themselves by peaceful means and, to this end, decide to establish a Commission of Mediation, Conciliation and Arbitration, the composition of which and conditions of service shall be defined by a separate protocol, which in turn is to be regarded as forming an integral part of the Charter'.

2.2. The Assembly It is composed of the Heads of state and government or duly accredited representatives. It is the supreme organ of the African Union. In execution of the duties of the Assembly relevant to dispute resolution, the assembly is empowered to give directives to other organs of the AU, including the Executive Council and the Peace and Security Council. The directives may be on the management of conflicts, war, acts of terrorism, emergency situations and the restoration of peace. It is also empowered to decide on intervention in a member state in respect of grave circumstances such as war crimes, genocide and crimes against humanity. It can also decide on intervention in a member state at the request of that member state in order to restore peace and security.

2.3. Peace and Security Council The Peace and Security Council is tasked with responsibility for peaceful deployment of peace keeping and quick intervention missions to assist in cases of genocide, war crimes and crimes against humanity. In executing these responsibilities, the Council could consult a panel of the Wise comprising five African personalities in order to take action on the distribution of the military in the field. The Peace and Security Council is responsible for promotion of peace and stability in Africa. It also engages in preventive diplomacy and the maintenance of peace.

2.4. African Court on Human and People's Rights This is a continental court established by African states to ensure protection of human and people's rights. It reinforces the functions of the African Commission on Human and People's Rights. The court officially started operations in Addis Ababa in November 2006.
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Dispute Resolution under the African Union

The African Court on Human and Peoples Rights is established by Article 1 of the Protocol to the African Charter on Human and Peoples' Right on the Establishment of an African Court on Human and Peoples' Rights. The Protocol was adopted by member states of the OAU in Burkina Faso, Ouagadougou in June 1998, and came into force in January 2004 upon attaining ratification by more than 15 countries. Presently, only 26 states have ratified the protocol.

2.4.1. Jurisdiction of the Court The court has jurisdiction over all cases submitted to it concerning interpretation and application of the Charter, the Protocol thereto and any other relevant human rights instruments ratified by the states concerned. The court may receive complaints and applications submitted to it either by the African Commission on Human and Peoples' Rights or state parties to the Protocol or African Intergovernmental Organizations. Non-Governmental Organizations with observer status before the Commission and individuals from states which have made a declaration accepting the jurisdiction of the court can institute cases directly before the court.

3.0. METHODS OF DISPUTE RESOLUTION UNDER THE AU 3.1. MEDIATION Mediation can be defined as a mechanism that involves a neutral third party with the objective of achieving a compromise or a settlement of issues between conflicting parties. Mediation by the AU can be seen in the intervention in different countries to resolve conflicts:

3.1.1. Examples of disputes settled by mediation 3.1.1.1. Burundi Since independence Burundi has experienced ethnic conflicts between the Hutu and Tutsi communities. In 1993 a civil war emerged in Burundi when the first president, Melchior Ndadaye, was assassinated. The ensuing civil war claimed the lives of over 300,000 people and displaced hundreds of thousands of civilians. The AU (which was then referred to as the OAU) intervened to help in resolving the conflict in Burundi.
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Through long running talks mediated by the AU and South Africa, a power-sharing government was set up in 2001 and most of the rebel groups agreed to a ceasefire. In 2005 Burundians voted in the first parliamentary elections since the start of the civil war and the peace agreement has so far held. The AU together with the UN and countries such as South Africa, Uganda and Tanzania initiated a mechanism referred to as Partnership for Peace to help Burundian parties to consolidate the peacemaking process. 3.1.1.2. Comoros Comoros is one of the poorest countries in Africa and it is heavily dependent on foreign aid and remittances from the diaspora. The political history of the Comoros islands has been characterized by coups and secession bids. Since independence the Comorian state has been plagued by chronic political instability and a number of coup attempts (UCDP, 2009). In 1997, the islands of Anjouan and Moheli declared unilateral independence in a violent conflict. The involvement of the AU in the first phase, 1995-2007, aimed at the restoration of constitutional rule and the reinstatement of the deposed President Said Mohamed Djohar to which it succeeded. During the second phase (1997-2009) AU intervened as a result of secessionist demands from Anjouan Island and failure of diplomatic efforts. The failure of economic sanctions imposed against Anjouan led to military intervention of the AU. The AU has facilitated the process of national reconciliation in Comoros following restoration of authority over the islands.

3.1.2. Shortcomings of mediation Mediation of disputes is dependent on a number of presumptions, such as the efficacy of the process, jurisdictional rights or authority to mediate, and organizational capacity for effectiveness. These however overlook other factors which are crucial to settlement of conflicts. The mediator is not expected to determine the rights and obligations of the parties. However, for any conflict to be really settled, parties would have to take specific actions and refrain from others. Disputes among African states often arise and lead to conflict whenever states have incompatible objectives. In these circumstances, one party does not necessarily yield because of threats and promises of the other, but largely on the basis of persuasion by intermediaries. This is done in such a way that each party is made to appreciate the essence of promoting common and complementary interests.

Dispute Resolution under the African Union

3.2. LITIGATION IN THE AFRICAN UNION

3.2.1. The African Court of Justice The African Court of Justice was originally intended to be the principal judicial organ of the Union. It is established under the Protocol of the Court of Justice of the African Union4 with authority to rule on disputes over the interpretation of the AU treaties. The establishing Protocol to set up the court of justice was adopted in 2002 and entered into force in 2009. The Court has however been superseded by a protocol creating the African Court of Justice and Human Rights which will incorporate the already established African Court on Human and Peoples Rights.

3.2.2. Cases handled by the African Court of Justice In the matter of Efoua Mbozoo Samuel v. Pan African Parliament5 The applicant who domiciled in Yaound, Cameroon, brought a case against the Pan African Parliament alleging a breach of his contract of employment of the AU Staff Regulation and improper refusal to renew his contract to regard him. From the facts of the case it was clear that the application is exclusively grounded on breach of the employment contract within Article 13(a) and (b) of the OAU Staff Regulations for which the court lacks jurisdiction in terms of Article 3 of the Protocol. In the matter of the African Commission on Human and Peoples Rights .v. The Republic of Kenya6 This was an application instituting proceedings against the respondent for alleged serious and massive violations of human rights guaranteed under the African Charter on Human and Peoples Rights7. The application was a complaint filed on behalf of the Ogiek Community. The applicants sought an order to halt the eviction of the community from the East Mau forest, as well as refraining from harassing, intimidating or interfering with their traditional livelihood. The applicants also sought compensation for loss suffered by way of damage to property, natural resources and denial of freedom to practice their religion and culture. Above all, they sought recognition of Ogiek historic entitlement to the land, and that the respondent Republic realizes its laws to accommodate communal ownership and property.
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Article 2(2) Application 010/2011 6 Application 006/2012 7 The application is brought under Article 5 of the Protocol to the African Charter on Human and Peoples Rights

Dispute Resolution under the African Union

The court found that it had jurisdiction to hear the application. It granted the applicants request8; and made provisional orders that the respondents reinstate the restrictions it had imposed on land transactions in the Mau complex and refrain from any act which might irreparably prejudice the application before the court. The Republic was also required to report to the court within 15 days of receipt of the orders with regard to measures it has taken to implement the orders granted in favor of the applicants.

3.3. PEACEKEEPING MISSIONS The AU has among its objectives that of defending the sovereignty, territorial integrity and independence of its member states and that of promoting peace, security and stability in the African continent. One of the ways that this is achieved is through military interventions and peacekeeping missions. Military intervention is the deliberate act of a group of nations to introduce its military forces into the course of an existing controversy. Peacekeeping missions are activities that entail deployment of military forces to maintain peace and security in a particular area. The AU has a military troop that has 19,338 uniformed personnel. Of these, 14,379 are troops while 335 are military observers. The member states contribute to this troop.

3.3.1. Examples of peace keeping missions The AU has conducted the following military interventions and missions: The peacekeeping mission in Burundi, The peacekeeping mission in the Darfur Region and The Peacekeeping Mission in Somalia.

3.3.1.1. The Peacekeeping mission in Burundi This was the first AU military intervention. It took place in May 2003. A peacekeeping force was deployed to Burundi during the Burundian Civil War. This force consisted of soldiers from South Africa, Mozambique and Ethiopia. The force remained in Burundi for a year and was then taken over by the United Nations Operation in Burundi (ONUB) following Resolution 1545 passed by the UN Security Council on May 21, 2004.

Under article 27(2) of the Protocol

Dispute Resolution under the African Union

3.3.1.2. The Peacekeeping Mission in Somalia The African Union Mission in Somalia (AMISOM) was created on January 19, 2007 by the AUs Peace and Security Council, following an approval by the UN Security Council. It is still ongoing. Its duties inter alia were: To support transitional governmental structures To implement a national security plan To train the Somali security forces To assist in creating a secure environment for the delivery of humanitarian aid in Somalia To support the Federal Government of Somalia forces in battle against the Al-Shabaab militants. Deadly bomb attacks that took place in Kampala, Uganda on 29 July 2010 prompted the AU ministers to expand the mandate of the mission from a peacekeeping focus to one of peaceenforcement which would engage the Al-Shabaab more directly. However this received a lot of pressure from the UN. Consequently, it was done away with. However, the AU allowed preemptive attacks against the Al-Shabaab. 3.3.1.3 Peacekeeping mission in The Darfur Region The AU also deployed troops in the Darfur Conflict. These troops made up the African Union Mission in Sudan (AMIS) whose aim was to conduct peacekeeping in the region. The war in Darfur is a major armed onslaught that occurred in the Darfur region. It began in February 2003 when the Sudan Liberation Movement/Army (SLM/A) and Justice and Equality Movement (JEM) rebel groups went to war against the Sudanese Government based on accusations that it marginalized the non-Arab population in the Darfur region. The deployment by the AU took place in early July 2004. Monitors were sent to keep tabs on the ceasefire agreement signed in April 2004. Later in August of the same year, the AU sent 150 Rwandan troops to the Darfur region to protect these monitors. However, upon realizing that this number of troops was insufficient, the AU deployed 150 troops from Nigeria to buttress the Rwandan troops efforts. In April 2005, after the Sudan Government and the SPLM/A signed a ceasefire agreement which led to the end of the Second Sudanese Civil War. More troops were sent to join the AU Mission in Sudan, bringing the total number of troops to 7000. On July 31, 2007, the UN Security Council passed resolution 1769 which established the AU/UN Hybrid operation in Darfur (UNAMID). This was a joint mission between the UN and the AU that took over from the AMIS on 31st December 2007. The peacekeepers were authorized to use force to protect civilians and humanitarian operations.
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3.3.2. Problems faced by the AU in peacekeeping missions Inadequate funding The peacekeeping missions are expensive. The troops and observers require salary-payment and this creates a large bill to be offset by the AU. The AU Mission in the Darfur Region for instance had a military force of 7000 troops as of April 2005. The cost was 450 million Dollars. In May 2007, the AU declared that AMIS was on the verge of collapse due to lack of funding which caused soldiers salaries to go unpaid for several months. Insufficient troops Due to reliance on contribution from member states, the number of troops is sometimes inadequate. This was the case in the AU mission in Darfur which saw a mere 150 troops from Nigeria deployed to the volatile region as at the beginning of the mission. These small numbers contribute largely to the delayed achievement of peace in the targeted areas.

3.4. INQUIRY It is also called fact finding or enquiry. Inquiry may be used as an independent procedure or as a preliminary part of other methods of peaceful settlement of disputes. Through the process of fact finding, disputes are settled by exposing the truth of a situation to the parties involved. The following are some of the commissions set up by the African Union: 3.4.1. The 2004-2007 Commission of Inquiry for Darfur It was established on 18th September 2004 to investigate violations of international humanitarian and human rights law in Darfur by all parties, to determine whether or not acts of genocide had occurred and to identify the perpetrators of such violations with a view of ensuring that those responsible were held accountable.

3.4.2. The African Union Commission of Inquiry into the South Sudan conflict It was established to investigate human rights violations and crimes committed during the South Sudan's outbreak of violence in the mid December 2013. The commission consists five members head being the former Nigerian president Olusegun Obasanjo. The body was established in implementation of the African Unions Peace and Security Council decision. The mandate of the commission being investigation of human rights violations and other abuses committed during the armed conflict in South Sudan and make recommendations on the best way and means to ensure accountability, reconciliation and healing among all South Sudanese communities.
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3.5. CONFLICT MANAGEMENT BY THE AFRICAN UNION Conflict resolution mechanisms involve all non-violent mechanisms of solving both interstate and intrastate disputes. It refers to all judicial resources and alternative dispute resolution techniques, negotiation, mediation, arbitration as well as consensus building, diplomacy, analytical problem solving and peacemaking. Africa is a continent that is characterized by many conflicts both within and between states. The African Union has made a significant effort in the role it plays in trying to resolve the various conflicts in the continent both at the Inter-state and the Intra-state level. The two most prevalent disputes relate to internal unrest within states and conflict over state boundaries. In all instances, the disputes involve claims and counterclaims, where one party regards the claim of the other as a threat to its integrity and sovereignty. INTER-STATE CONFLICTS Most of these types of conflicts are border disputes. This is because many borders in Africa are artificial, where two or more nations are living within the same state9. Examples of such disputes include: The Algerian- Morocco conflict over the Atlas Mountains area in October 1963; Nigeria- Cameroon dispute over Bakassi peninsula since the 1970s; Kenya- Somalia border war of 1963 -1967 in which Somalia aimed at recovering its lost territories including the Northern frontier district of Kenya Eritrea- Ethiopian crisis between 1962 and 1979 3.5.1. The Ethiopia-Eritrea Conflict (1998 2000) This conflict came as a shock following the end of the first Ethiopia-Eritrea war (1961 1991). The unresolved differences between the Ethiopian Peoples Revolutionary Democratic Front (EPRDF) and the Eritrean Peoples Liberation Front (EPLF) contributed to the outbreak of the second conflict. The two liberation fronts had signed the Comprehensive Cooperation Agreement in 1993 which embarked on a cooperation course between the two states in the economic, political, cultural and security relations. Eritrea seemed to want to exploit Ethiopias market fully while on the other hand; Ethiopia seemed to want to contain Eritrea within its sphere with the hope of eventually leading to a political unity. Eritreas act of unveiling its currency in 1997 shattered the illusion that it was on its way to join Ethiopia thus a conflict ensued between the two states. The earlier unresolved conflicts resurfaced with the interruption of harmonious relations between the two nations. This led to a violent conflict.
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USAWC strategy research project: the African Union and Conflict Management

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The war came to an end with the signing of the Algiers Peace Agreement on December 12, 2000. The agreement led to the establishment of Eritrea-Ethiopia Boundary Commission (EEBC) mandated with the task of delimitation and demarcation of the boundary on the basis of colonial agreements and pertinent international laws. The verdict of the commission was to be final. The Commissions verdict was delivered on April 13, 2002, but failed to bring peace and stabilit y to the people of the two countries10. In 2007, the commission wrapped up its work by demarcating the boundaries using virtual coordinates. Ethiopia rejected their decision while Eritrea accepted it. The African Union spearheaded the dispute but in conjunction with other international organizations such as the UN and the EU. It conducted a series of mediation between the two states. The mediated settlement included a peace keeping forces known as UNMEE (United Nations Mission in Ethiopia and Eritrea) and EEBC (Ethiopia-Eritrea Boundary Commission). The AU was also tasked as per the Agreement to make sure that it was implemented, and if one or both signatories reneged from their commitment the guarantors were authorized to take the necessary measure to enforce the EEBC resolution11.

INTRA-STATE CONFLICTS These are conflicts limited within a state. Many of these conflicts that erupt are due to clashes over resources, or are tribal in nature. These counties are characterized by extreme poverty, economic stagnation and no hope for the future. Examples are: Angolan civil war, Conflicts in Somalia, Conflicts in Sudan, Conflicts Central African Republic and Democratic Republic of Congo Conflicts in Liberia

3.5.2. Conflict in Sierra Leone Conflict in Sierra Leone commenced in March 1991. The OAU (now AU) efforts began in February 1995 and it worked closely with individual countries of the region, ECOWAS and the UN. Following negotiations between the parties in which the OAU participated, the Lome Agreement was signed on July 1999 which was the third peace agreement.

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http://www.inter-stateconflictsinthehornofAfrica ibid

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The OAU was designated as one of the Moral Guarantors. In this capacity, it continued to: a) Monitor, on a daily basis, the ongoing development in Sierra-Leone especially as the impact on the implementation of the Lome Agreement b) Attend regularly, the statutory meeting of the joint implementation committee c) Advice, on the basis of the program to be developed d) Work closely with the OAU Commission for Human and Peoples Rights on human rights issues arising from the implementation of the Lome Agreement. e) Mobilize International donors to provide funds for the post conflict reconstruction and rehabilitation of Sierra Leone12.

3.5.3. Resolution of Conflicts using Military Actions This involves building military capacity to conduct peace supporting operations i.e. the capabilities of the African Union to resolve conflicts by military means. Peace support operations can be launched when an agreement has been reached, it can be launched to impose a solution, or it can be decided to launch a preliminary operation to contain a conflict until a resolution can be reached from which time a peacekeeping operation can be launched13. The African Union Constitutive Act gives the overall missions of the union in relation to peace and security. However it does not give a direct responsibility to intervene as it intervenes only when necessary. The African Union has a standby force (ASF) and a military committee composed of 15 heads of states. Its Deployed Integrated Task Force Headquarters are in Ethiopia.

Conclusion The African Union is increasingly playing a key role in pacific settlement of disputes in the continent as they arise. It is laying more emphasis on prevention of conflicts, as is seen through early intervention. It also oversees implementation of decisions as a means of post-conflict management. Based on the foregoing, the African Union has a bright future in the maintenance of peace both within the continent and in the global arena. In collaboration with other entities such as the United Nations, the United States of America, the European Union among others, sustainable modes of dispute resolution will be realized in a timely manner. This would, in turn, bolster economic development across the world.
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The Economic Community of West African States (ECOWAS): Challenge of sustainable peace in the sub region 13 USAWC (supra)

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REFERENCES List of Cases 1. African Commission on Human and Peoples Rights .v. The Republic of Kenya - Application 006/2012 2. Efoua Mbozoo Samuel v. Pan African Parliament Application 010/2011

Instruments Constitutive Act of the African Union Charter of the Organization of African Unity Charter of the United Nations OAU Staff Regulations Protocol of the Court of Justice of the African Union Protocol to the African Charter on Human and Peoples Rights Bibliography 1. Adeniran, T. Pacific Settlement Among African States: The Role of the Organization of African Unity. 2. Amoo, S. G. (May 1992). The OAU and African Conflicts: Past Successes, Present Paralysis and Future Perspectives. Institute of Conflict Analysis and Resolution, George Mason University. 3. Aremu, J. O. (2010, October 17). Conflicts in Africa: Meaning, Causes, Impact and Solution. Retrieved from Africa Research Review Website. 4. Artkkeli. (2014, March 10). Retrieved from African Sarvi Website: http://www.Inter-state Conflicts in the Horn of Africa.htm 5. Hon. Sam K. Kutesa, M. O. (2009). Peace and Conflict Resolution in Africa. 6. Mathiasen, L. C. (2006, March 2). The African Union and Conflict Management. 7. Murithi, T. The African Union's evolving role in peace operations: the African Union Mission in Burundi, the African Union Mission in Sudan and the African Union Mission in Somalia. 8. Ngandu, K. G. (2010). Towards Enhancing the Capacity of the African Union in Mediation . Addis Ababa: The African Centre for The Constructive Resolution of Disputes. 9. P. Mweti Munya, The Organization of African Unity and its Role in Regional Conflict Resolution and Dispute Settlement: A Critical Evaluation, 19 B.C. Third World L.J. 537 (1999), http://lawdigitalcommons.bc.edu/twlj/vol19/iss2/1 10. Peace and Security Council. (2014, March 10). Retrieved from African Union Website: http://au.int/en/organs/psc 11. SARKI, F. O. Challenge of Sustainable Peace in the Sub Region - The Journey So Far. The Economic Community of West African States (ECOWAS).

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12. Williams, P. D. (October 2011). International Institutions and Global Governance Program Working Paper on The African Union's Conflict Management Capabilities. New York: Council on Foreign Relations. 13. Woodrow Wilson International Center for Scholars - Africa Program. African Regional and Sub-Regional Organisations - Assessing their Contributions to Economic Integration and Conflict Management.

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