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