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INTERNATIONAL DISPUTE
RESOLUTIONCONFLICT MANAGEMENT UNDER THE AFRICAN UNION
MARCH 20, 2014
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Contents1.0 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 (19982000)........................................................................................ 10
3.5.2. Conflict in Sierra Leone ...................................................................................................................... 11
3.5.3. Resolution of Conflicts using Military Actions..................................................................................... 12Conclusion ................................................................................................................................................... 12
REFERENCES ............................................................................................................................................ 13
List of Cases ................................................................................................................................................. 13
Instruments.................................................................................................................................................. 13
Bibliography ................................................................................................................................................ 13
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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 non-
interference 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.
1Article III Charter of the Organization of the African Unionidentifies the principles governing the
African Union2Ibid.
3Ibid.
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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 ofterrorism, 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 inpreventive diplomacyand 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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The African Court on Human and Peoples Rightsis 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 AfricanIntergovernmental 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 mediation3.1.1.1. 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.
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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
withauthority 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 Samuelv. 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 ofOgiek historic entitlement to the land, and that the respondent Republic realizes its laws to
accommodate communal ownership and property.
4Article 2(2)
5Application 010/2011
6Application 006/2012
7The application is brought under Article 5 of the Protocol to the African Charter on Human and Peoples
Rights
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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 deli berate act of a group of nations to intr oduce its mil itary forcesin to the course of an existing contr oversy. 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 peacekeepingmission 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 1545passed by the UN Security Council on May 21, 2004.
8Under article 27(2) of the Protocol
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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 peace-
enforcement 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 pre-emptive 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 Missionin 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 CONFLICTSMost 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 (19982000)
This conflict came as a shock following the end of the first Ethiopia-Eritrea war (19611991).
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.
9USAWC 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 stability 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 thenecessary measure to enforce the EEBC resolution
11.
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.
10http://www.inter-stateconflictsinthehornofAfrica
11ibid
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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 humanrights
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.
ConclusionThe 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 theUnited 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.
12The Economic Community of West African States (ECOWAS): Challenge of sustainable peace in the
sub region13
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 ParliamentApplication 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
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