COMMUNAUTE ECONOMIQUE DES
ECONOMIC COMMUNITY OF
WEST AFRICAN STATES
ETATS DE L’AFRIQUE DE L’OUEST
Sixty-Sixth Ordinary Session of the
Council of Ministers
ABUJA, 17-18 AUGUST 2011
Draft
SUPPLEMENTARY ACT ASA/… /... /11ON THE CODE OF CONDUCT
FOR ARMED FORCES AND SECURITY SERVICES OF ECOWAS
THE HIGH CONTRACTING PARTIES,
MINDFUL of Articles 7, 8 and 9 of the ECOWAS Treaty creating the Authority of Heads of State
and Government and defining its functions and composition;
MINDFUL of Article 58 of the Treaty relating to regional security which stipulates that Member
States shall work towards preserving and strengthening relations which have a positive effect on
maintaining stability throughout the sub-region through the creation and enhancement of
appropriate mechanisms to ensure conflict prevention and resolution;
MINDFUL of the ECOWAS Protocol on Free Movement of Persons and Goods, Right of
Residence and Establishment adopted in 1979;
MINDFUL of the ECOWAS Protocol on the Mechanism for Conflict Prevention, Management
and Resolution, Peacekeeping And Security signed in Lomé on 10 December 1999, particularly,
in the area of training in human and humanitarian rights;
CONSIDERING the Protocol on Democracy and Good Governance, adopted in 2001 and
particularly, the principles on constitutional convergence contained in Article 1 of the said
Protocol;
CONSIDERING the Constitutive Act of the African Union and other relevant provisions in
international law;
DETERMINED to overcome the stigma of conflicts, military regimes, tense and unproductive
relations between civilians, armed forces and security services of our sub-region;
CONSCIOUS of the need to promote solid democratic relations, effective governance of the
Armed Forces and Security Services and ensure the safety and security of people and goods,
safeguard stability and peace, protect territorial integrity and democratically established
institutions and establish standards for the behaviour of the Armed Forces and Security
Services;
REAFFIRMING the commitment to the principles of democracy and human rights as defined in
the United Nations Charter, the Declaration of Human Rights adopted in 1948 and the African
Charter on Human and Peoples’ Rights;
DESIRING to adopt a Code of Conduct for the Armed Forces and Security services of West
Africa which shall set out common principles and standards and define political and security
relations.
CHAPTER I
DEFINITION AND GENERAL PRINCIPLES
DEFINITIONS
The references made in this Supplementary Act shall include all agents who acting on behalf of
the State, play a role in defence and security. The term “Armed Forces” shall include the Army,
Air Force, Navy and Gendarmerie. “Security Services” shall include which are the Police,
Gendarmerie, National Guards and other forces charged with security.
GENERAL PRINCIPLES
Article 1: Inviolability of National Integrity
The Armed Forces and Security Services are the melting pot of national unity and cohesion.
Recruitment and management of these personnel shall be conducted without discrimination on
the grounds of race, sex, ethnicity, regional or religious affiliation.
Article 2: Civilian Supremacy
The Armed Forces and Security Services shall be at the disposal of the constitutionally
established political government and are subordinate to the constitutionally, democratically
elected authorities. Political authorities and groups shall refrain from undue interference or
extending partisan politics to the operations of the Armed Forces and Security Services.
Personnel of the Armed Forces and Security Services shall observe strict neutrality in political
matters.
Article 3: National Cohesion
The Armed Forces and Security Services are at the service of the nation and the people. Their
mission shall be to guarantee, if necessary by force of arms, the defence of the nation and
territorial integrity of the State, ensure the protection of citizens and property as well as maintain
peace and security in the ECOWAS sub-region.
Article 4: Affirmation of Human Rights and International Humanitarian Law
In the conduct of defence and security affairs, personnel of the defence and security forces shall
uphold international humanitarian law, human rights and relevant national laws and show due
regard for the property as well as physical integrity and psychological wellbeing of people.
In situations of armed conflict, all armed groups and individuals shall be subject to international
humanitarian law, human rights and the relevant national laws.
CHAPTER II
ARMED FORCES AND SECURITY SERVICES, HUMAN RIGHTS AND INTERNATIONAL
HUMANITARIAN LAW
Article 5: Training
In addition to their professional training, Armed Forces and Security Services personnel shall
receive training suitable for their rank, in the areas of constitutional law, human rights,
international humanitarian law and peacekeeping, in order to increase their personal capacity to
handle challenges and adapt to different threats.
Article 6: Personal Responsibility
The civilian, political and administrative authority, personnel of the Armed Forces and Security
Services and their commanders, shall be held personally responsible for all instructions, orders
and/or actions or omissions which would violate human rights and international humanitarian
law and relevant domestic laws.
Article 7: Humanitarian Assistance
In the exercise of their duties, personnel of the Armed Forces and Security Services shall
provide to all persons in need, adequate protection, assistance, and refuge. They shall ensure
that internally displaced persons, refugees, foreigners, stateless persons, minorities, women,
children, the elderly and people with disabilities are not victims of discrimination. There should
be no discrimination on the grounds of race, sex, age, identity, religion or political views.
Article 8: Human Rights in Periods of Emergency
Under exceptional circumstances such as a state of emergency or state of siege as defined by
the Constitution and the ECOWAS Mediation and Security Council, Armed Forces and Security
Services shall conform to their own national law and international humanitarian law as well as
accepted international customary norms. At all times, Armed Forces and Security Services
personnel shall be aware of and respect basic fundamental human rights.
Article 9: Unlawful Acts
Personnel of the Armed Forces and Security Services shall refrain in all circumstances from the
following acts: murder, torture, corporal punishment, rape, sexual abuse, mutilation, cruel,
inhumane and degrading treatment, hostage taking, collective punishment, intimidation and
threats and all other conduct aimed at impairing the physical and psychological well-being of the
individual.
Article 10: Proportional Use of Force
In enforcing domestic law and order, the Armed Forces and Security Services shall use firearms
as a last resort and with maximum restraint, while respecting the principle of minimum force
even in situations of self defence. After the use of firearms and in the event of injuries, Armed
Forces and Security Services personnel shall assist the wounded without discrimination. The
families of the victims shall be informed. An official enquiry shall be opened and a report filed.
CHAPTER III
REGULATORY FRAMEWORK GOVERNING CIVILO-MILITARY RELATIONS
Article 11: Financial Responsibility
The political authority in a State shall ensure that adequate financial resources and appropriate
logistics are provided to the Armed Forces and Security Services to enable them carry out their
duties successfully.
Article 12: Resistance to Human Rights Abuse
Every person has the right and duty to denounce and resist any abuse of their legal and
constitutional rights. Such an action shall not be deemed as a violation of the law. The
competent national jurisdictions shall be available to review complaints made by citizens
regarding violations of their human or property rights.
Article 13: Loyalty to Constitutional Authority
Personnel of the Armed Forces and Security Services shall be disciplined and loyal to the State
at all times. They shall owe loyalty and obedience to democratically elected constitutional
authorities and all lawful commands of such authorities shall be executed.
Article 14: Confidentiality
In carrying out their assigned responsibilities, the Armed Forces and Security Services shall be
liable to maintain the confidentiality of all operations, subject to exemption by the relevant
authority. This provision shall not be interpreted as derogative of any article in the
Supplementary Act.
Article 15: Human Rights of Armed Forces and Security Services Personnel
In the exercise of their duties, Armed Forces and Security Service Personnel shall, within the
limits of national law, enjoy fundamental rights and freedoms as defined in the Constitution.
Article 16: Non execution of Illegal Orders
In the exercise of command, no order which contravenes international humanitarian law, human
rights, relevant national laws and ECOWAS principles on democracy and good governance
shall be issued or obeyed by personnel of the Armed Forces and Security Services.
Article 17: Military Operations in conformity with Humanitarian Law
The civilian political and administrative authority shall ensure that the military operations it
orders, including operations to maintain internal law and order, shall be executed in conformity
with the relevant provisions of international humanitarian law, human rights, national laws, the
ECOWAS Protocol on Democracy and Good Governance and this Supplementary Act.
Article 18: Guarantee of Expression of Fundamental Human Rights
Under no circumstance shall the civilian political and administrative authority resort to the Armed
Forces and Security Services to restrict the peaceful, legitimate and legal exercise of the
individual and collective rights of the citizens as guaranteed by the Constitution.
Article 19: Transparency and Accountability in Security Management
The democratic control of the Armed Forces and Security Services by State Institutions
(executive, legislative and judiciary) as well as ECOWAS Institutions shall be exercised with
transparency and accountability, particularly in the process of security and defence planning,
budgeting and procurement
Article 20: Protection of Lives and Property
The Armed Forces and Security Services shall respect individual human dignity and protect the
rights and security of the civilian population, including the physical integrity of individuals as well
as the security of their property.
Article 21: Public Relations
The high command of the Armed Forces and Security Services shall ensure that relations
between their personnel and the civilian population are harmonious and based on mutual trust.
In this regard, the Armed Forces and Security Services shall, in collaboration with the national
government, ECOWAS authorities, civil society including non-governmental organisations and
the media, endeavour to inform and educate the public on their unclassified programmes and
operations.
Article 22: Corporate Integrity
In their relations with the civilian population, personnel of the Armed Forces and Security
Services shall avoid any act or behaviour liable to bring their institution into disrepute.
Article 23: Contribution to National Development
The Armed Forces and Security Services shall contribute to the social and economic
development of their country.
Article 24: Free Movement and Harmonisation of Border Control
Personnel of the Armed Forces and Security Services shall ensure effective implementation of
the ECOWAS Protocol on Free Movement of Persons and Goods, Right to Residence and
Establishment. The Armed Forces and Security Services shall integrate and harmonise control
measures at borders; the physical integrity of persons and as well as their property shall be
respected and protected.
Article 25: Support to Humanitarian Assistance
The Armed Forces and Security Services shall provide support for humanitarian assistance
operations at the national and international levels. In fulfilling this mission, the Armed Forces
and Security Services shall cooperate, as appropriate, with humanitarian organisations.
Article 26: Cultural Sensitisation in Peace Operations
When personnel of the Armed Forces and Security Services are to form part of multinational
operations in other countries, they shall acquire the appropriate information on the cultural
particularities of the relevant localities to guide their conduct.
CHAPTER IV
RELATIONS BETWEEN THE ARMED FORCES AND SECURITY SERVICES
Article 27: Collaboration between Uniformed personnel
In the exercise of their duties, the Armed Forces and Security Services shall co-operate in the
context of their respective and complementary responsibilities. They shall maintain permanent
and harmonious relationships in times of peace (through joint seminars, exercises etc), as well
as during crises, social upheavals, or armed conflicts.
Article 28: Policing in Peace time
In peacetime, the maintenance of law and order shall be the responsibility of the Police,
Gendarmerie and National Guard where they exist.
Article 29: Policing in times of Crisis
In times of crisis or social upheavals, the protection of life and property shall be the primary
responsibility of the Police - and the Gendarmerie, where it exists. In exceptional circumstances,
and at the request of the political authority, the Armed Forces may intervene, as a last resort, in
accordance with the Constitution.
Article 30: Rules of Engagement in times of Crisis
In times of armed conflict, the political authority shall define the rules of engagement for the
Security Services as well as the extent of their involvement in the defence of national security
alongside the Armed Forces.
Article 31: Joint Operations
Consistent with national laws, relevant international legal instruments and as directed by the
political authority, Armed Forces, may be required to work alongside the Security services to
fight criminal activity, such as illicit trade and arms proliferation, terrorism, other organised
crime, all forms of trafficking, violence against women and children, etc.
These missions may be carried out through joint operations, patrols, and the monitoring of
politically sensitive areas.
Article 32: Enhanced Liaison and Communications systems
Necessary measures must be taken to introduce or enhance at all levels, liaison systems both
within and among States and among the Armed Forces and Security Services.
CHAPTER V
DISSEMINATION, MONITORING AND EVALUATION
Article 33: Dissemination
This Code of Conduct shall be translated into the working languages of the Community,
included in training and educational programmes and taught to the Armed Forces and Security
Services at all levels of all Member States of ECOWAS.
The Code of Conduct shall be widely disseminated through national awareness campaigns
using appropriate media (state institutions, NGOs) within the respective territories of Member
States and in the national and if necessary, local languages.
Article 34: Monitoring and Oversight
Implementation of this Code of Conduct shall be included in the programme of the relevant
ECOWAS bodies, in particular the Defence and Security Committee.
ECOWAS shall be responsible for monitoring the implementation of this Code of Conduct. Each
Member State shall appoint a National Independent Mediator to monitor implementation and
take all appropriate measures following any violations of this Code of Conduct.
Article 35: Bi-annual Review
Given the importance of this Code of Conduct and its potential in the promotion of the peace,
stability and well-being of West African people, bi-annual meetings shall be organised to
evaluate its implementation at the local, national and sub-regional levels. Participants shall
include experts, representatives of governments, Armed Forces and Security Services and civil
society, including non-governmental organisations, the media and other relevant stakeholders.
The bi-annual meetings shall consider the reports submitted by Member States on the
implementation of the Code of Conduct.
CHAPTER VI
FINAL PROVISIONS
Article 36: Publication
This Supplementary Act shall be published by the ECOWAS Commission in the Official Journal
of the Community within thirty (30) days of its signature. It shall also be published by each
Member State in its National Gazette within the same timeframe and after notification by the
Commission.
Article 37: Implementation
1. This Supplementary Act shall enter into force upon publication. As a result, signatory
Member States and ECOWAS Institutions shall commence implementation of its
provisions upon its entry into force.
2. The Supplementary Act shall be annexed and form an integral part of the Revised
Treaty.
Article 38: Depository Authority
This Supplementary Act shall be deposited with the Commission which shall forward certified
copies thereof to all Member States and shall register same with the African Union, United
Nations Organisation and all other institutions as Council may determine.
IN FAITH WHEREOF WE, THE HEADS OF STATE AND GOVERNMENT OF THE
ECONOMIC COMMUNITY OF WEST AFRICAN STATES HAVE SIGNED THIS
SUPPLEMENTARY ACT
DONE AT ABUJA THIS …. DAY OF .... 2011
IN SINGLE ORIGINAL IN THE FRENCH, ENGLISH AND PORTUGUESE
LANGAUGES, ALL THREE (3) TEXTS BEING EQUALLY AUTHENTIC