User:Rosemary yin/Peace and Security Council

Introduction
(From the pre-existing article)

"The Peace and Security Council is the organ of the African Union in charge of enforcing union decisions. It is patterned somewhat after the United Nations Security Council.

Members are elected by the Assembly of the African Union so as to reflect regional balance within Africa, as well as a variety of other criteria, including capacity to contribute militarily and financially to the union, political will to do so, and effective diplomatic presence at Addis Ababa.

The council is composed of fifteen countries, of which five are elected to three-year terms, and ten to two-year terms. Countries are immediately re-eligible upon the expiration of their terms."

(My edits)

The PSC is the main pillar of the African Peace and Security Architecture (APSA), and works with other pillars of the APSA in order to promote "peace, security and stability in Africa". The specific goal of the Peace and Security Council (PSC) is the "prevention, management and resolution of conflicts". To achieve these goals, it involves subsidiary organizations such as the Military Staff Committee.

Background
In the early 1990s, members of the Organization of African Unity (OAU), the predecessor to the African Union (AU), decided to abstain from active peacekeeping operations and focus instead on "preventive diplomacy". However, they reevaluated their stances after conflicts in Rwanda and Burundi.

In 1995, members of the OAU started to support the use of peacekeeping operations after a summit in Addis Ababa. However, the OAU still prioritized preventive diplomacy and believed that the United Nations should shoulder most of the responsibility for organizing peacekeeping operations.

Later conflicts in Africa were largely mediated by African institutions rather than the UN. For example, conflicts in Liberia and Sierra Leone were addressed by the Economic Community of West African States. Similarly, conflicts in Lesotho and the Democratic Republic of Congo were addressed by the Southern African Development Community.

These sub-regional organizations' large role in addressing regional conflicts led to a debate about the effectiveness of the OAU. Members specifically wished to reform the OAU's focus on consensus-based meetings rather than on-the-ground action, since some conflicts' actors were part of the meetings and could interfere with their judgement. Similarly, the large size of the OAU, its consensus decision-making and its lack of clear procedures both obstructed constructive debate. However, on-the-ground interventions were also limited by the OAU's non-interventionist principles, which only allowed domestic military intervention with the state's consent.

Thus, in 2001, an OAU Assembly session moved to reform the OAU's mechanisms in a new institution: the African Union. The new African Union was designed to center around a central decision-making organ with concrete rules, a smaller membership of 15 states to facilitate decision-making, majority rather than consensus-based decision-making, and viable options to recommend military intervention to the African Union Assembly. After some debate, this decision-making organ was coined the Peace and Security Council, and its rules were outlined in the Protocol Relating to the Establishment of the Peace and Security Council.

Protocol Relating to the Establishment of the Peace and Security Council
Adopted in July 2002, the Protocol was later ratified by a majority of AU members in December 2003. Within the Protocol's text, the institutional design, subsidiary committees, powers and goals of the PSC were outlined.

Specifically, its Objectives were stated in Article 3, and its Principles were stated in Article 4. When outlining its Principles, the Protocol cites three inspirations: "the [AU's] Constitutive Act, the Charter of the United Nations and the Universal Declaration of Human Rights".

In Article 5, the Protocol details the PSC's membership structure and membership criteria.

Article 8 outlines the PSC's procedural rules, including rules for voting, organizing meetings and creating subsidiary bodies.

Specific subcommittees that support the PSC, such as the Panel of the Wise, the Continental Early Warning System, and the African Standby Force are detailed in Articles 11, 12 and 13, respectively.

Finally, the Protocol outlines the PSC's relationship with regional bodies in Article 16, and relationship with international organizations, especially the UN, in Article 17.

Meetings
There are three levels of PSC meetings: meetings between permanent representatives, meetings between ministers, and meetings between heads of state. Permanent representative meetings meet at least twice a month, whereas the other two levels meet at least once per year.

Until 2007, there were three types of meetings: formal meetings, briefing sessions and consultations. In formal meetings, members discuss AU Commission reports, which often concern brewing conflicts. In briefing sessions, PSC staff briefs members on various subject areas and themes, such as terrorism and development. In consultation meetings, PSC members work to gather various actors and develop an understanding of a certain issue.

After a brainstorming session in July of 2007, the PSC instead chose to meet under four types of meetings: public meetings, closed meetings, consultations and "Arria-type" meetings. In "Arria-type" meetings, PSC members meet with non-state actors and carry out informal discussions. As of 2016, the PSC has held over 600 meetings.

Chairperson of the Commission
Every month, a new chairperson is selected from the PSC members. This selection cycles through the alphabetical order of the PSC's member country names, in English.

Members
Although the PSC was partly inspired by the United Nations Security Council, unlike the UNSC, the PSC does not have any permanent members or veto power. All 15 members have equal power in the Council. Ten members are elected for two years and five members are elected for three years. Members are elected to represent Africa's regional distribution. In order, each potential member must meet a certain criteria. These criteria are outlined in Article five of the Protocol Relating to the Establishment of the Peace and Security Council : a. commitment to uphold the principles of the Union;

b. contribution to the promotion and maintenance of peace and security in Africa – in this respect, experience in peace support operations would be an added advantage;

c. capacity and commitment to shoulder the responsibilities entailed in membership;

d. participation in conflict resolution, peace-making and peacebuilding at regional and continental levels;

e. willingness and ability to take up responsibility for regional and continental conflict resolution initiatives;

f. contribution to the Peace Fund and/or Special Fund created for specific purpose;

g. respect for constitutional governance, in accordance with the Lomé Declaration, as well as the rule of law and human rights;

h. having sufficiently staffed and equipped Permanent Missions at the Headquarters of the Union and the United Nations, to be able to shoulder the responsibilities which go with the membership; and commitment to honor financial obligations to the Union. (A list of the current members from the pre-existing article)

Mission
The mission of the PSC is to respond to conflicts in Africa. The PSC relies on collective security and its early warning detection systems.

According to Article 3 of the Protocol Relating to the Establishment of the Peace and Security Council, the objectives of the PSC are to: a. promote peace, security and stability in Africa, in order to guarantee the protection and preservation of life and property, the well-being of the African people and their environment, as well as the creation of conditions conducive to sustainable development;

b. anticipate and  prevent  conflicts. In circumstances where conflicts have occurred, the Peace and Security Council shall have the responsibility to undertake peace-making and peace-building functions for the resolution of these conflicts;

c. promote and  implement  peace-building  and  post-conflict reconstruction activities to consolidate peace and prevent the resurgence of violence;

d. co-ordinate and harmonize continental efforts in the prevention and combating of international terrorism in all its aspects;

e. develop a common defence policy for the Union, in accordance with article 4(d) of the Constitutive Act;

f. promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts.

Powers
Article 7 of the Protocol Relating to the Establishment of the Peace and Security Council lists the PSC's power.

Some of these powers include: undertaking "peace-making and peace-building functions to resolve conflicts", recommending intervention to the AU Assembly in "grave circumstances, namely war crimes, genocide and crimes against humanity", promoting a close relationship with regional bodies as well as with the United Nations, facilitating humanitarian action and finally, deciding "on any other issue having implications for the maintenance of peace, security and stability on the Continent".

Peace Support Operations
The African Standby Force is able to authorize peace operations for six different types of scenarios: 1. AU/regional military advice to a political mission

2. AU/regional observer mission co-deployed with a UN Mission

3. Stand-alone AU/regional observer mission

4. AU/regional peacekeeping force for Chapter VI and preventive deployment missions (and peacebuilding).

5. AU peacekeeping force for complex multidimensional peacekeeping missions, including those involving low-level spoilers.

6. AU intervention, e.g. in genocide situations where the international community does not act promptly. (From the pre-existing article: a list of peace operations.)

Relationship with the UN
When drafting the Protocol Relating to the Establishment of the Peace and Security Council, UN officials acted as advisers.

In 2002, shortly after the PSC Protocol was first released, the UN Security Council's Working Group on Conflict Prevention and Resolution in Africa recommended ways to enhance the cooperation of the two groups.

The PSC and the United Nations Security Council often have joint sessions, or collaborate on peace operations; the first of these joint meetings occurred in June 2007. After the first meeting, both Councils agreed to meet once per year. Topics for these meetings have included conflicts in Cote d'Ivoire, Darfur, Chad, Somalia and the Democratic Republic of Congo.

However, the working relationship between the two Councils has been restricted by resource scarcity for both groups, and different procedural rules. In addition, unlike the PSC, whose Protocol requires that it collaborate with the UN Security Council, the UNSC's documents lack a clear cut commitment to working with the PSC.

In terms of substantive issues, the two Councils have previously clashed over their unbalanced relationship, with the PSC desiring more equal standing. Furthermore, the PSC has advocated for more support from the UNSC, whereas the UNSC has pushed for the PSC and the AU to improve its administration. After the PSC requested more support for its peace operations, the Security Council pushed back, remarking that "regional organizations have the responsibility to secure human, financial, logistical and other resources for their organizations". In addition, the UNSC remarked that the "AU needs to enhance its institutional capacity to enable it to effectively plan, manage and deploy peacekeeping operations", since AU management problems have limited the UNSC and PSC's ability to coordinate on peace operations.

Human rights are another source of "discomfort" in the relationship; members of the UN Security Council had very different rhetoric than members of the PSC concerning the human rights violations in Darfur as well as the Zimbabwean electoral crisis.

Positions
According to Article 4 of the Protocol Relating to the Establishment of the Peace and Security Council, the principles of the PSC are: a. peaceful settlement of disputes and conflicts;

b. early responses to contain crisis situations so as to prevent them from developing into full-blown conflicts;

c. respect for the rule of law, fundamental human rights and freedoms, the sanctity of human life and international humanitarian law;

d. interdependence between socio-economic development and the security of peoples and States;

e. respect for the sovereignty and territorial integrity of Member States;

f. non interference by any Member State in the internal affairs of another;

g. sovereign equality and interdependence of Member States;

h. inalienable right to independent existence;

i. respect of borders inherited on achievement of independence;

j. the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity, in accordance with Article 4(h) of the Constitutive Act;

k. the right of Member States to request intervention from the Union in order to restore peace and security, in accordance with Article 4(j) of the Constitutive Act.

Criticism
Some AU members criticized the PSC Protocol for being vague on which institution has the "primary legal authority" to use military force; in Article 16, the PSC Protocol states that the AU has "the primary responsibility for promoting peace, security and stability in Africa" whereas in Article 17, the Protocol states that the UN Security Council "has the primary responsibility for the maintenance of international peace and security".

Ben Kioko, the African Union's legal adviser, argued that "[some African] leaders have shown themselves willing to push the frontiers of collective stability and security to the limit without any regard for legal niceties such as the authorization of the [United Nations] Security Council".

Later in 2005, African Union members acknowledged the Security Council's authority on military use, as demonstrated in a meeting roadmap which promised that the AU would first get Security Council authorization before carrying out military interventions.

Some officials within the PSC have also argued that the PSC should broaden its scope beyond traditional military threats to security, and also address nontraditional threats such as disease and climate change.

Conversely, others question the political will of PSC and AU members to follow the PSC protocol and carry out military interventions against other members without their consent in cases of mass human rights abuses. Furthermore, the PSC relies on regional bodies contributing funds or troops for operations, but many regional bodies do not have enough resources to meet these standards.

When electing members into the PSC itself, critics have noted that members who were actively disobeying AU decisions or carrying out human rights violations within their borders have still been admitted into the Council because the Assembly of the African Union Heads of State did not properly evaluate the potential members' compliance to the PSC membership criteria.