Protocol on Politics, Defence and Security Co-operation
Done at: Blantyre
Date enacted: 2001-08-14
In force: 2004-03-02
Preamble
We, the Heads of State or Government of:
The Republic of Angola
The Republic of Botswana
The Democratic Republic of Congo
The Kingdom of Lesotho
The Republic of Malawi
The Republic of Mauritius
The Republic of Mozambique
The Republic of Namibia
The Republic of Seychelles
The Republic of South Africa
The Kingdom of Swaziland
The United Republic of Tanzania
The Republic of Zambia
The Republic of Zimbabwe
Taking cognisance of the decision of SADC to create the Organ on Politics, Defence and Security Co-operation which appears in the Gaborone Communiqué of 28th June 1996;
Noting Article 9 of the Treaty which establishes the Organ;
Bearing in mind that Chapter VIII of the UN Charter recognizes the role of regional arrangements in dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action;
Recognising and re-affirming the principles of strict respect for sovereignty, sovereign equality, territorial integrity, political independence, good neighbourliness, interdependence, non-aggression and non-interference in internal affairs of other States;
Recalling the 1964 resolution of the Assembly of Heads of State and Government of the Organisation of African Unity, declaring that all Member States pledge to respect the borders existing on their achievement of national independence;
Further reaffirming the primary responsibility of the United Nations Security Council in the maintenance of international peace and security, and the role of the Central Organ of the Organisation of African Unity Mechanism for Conflict Prevention, Management and Resolution;
Convinced that peace, security and strong political relations are critical factors in creating a conducive environment for regional co-operation and integration;
Convinced further that the Organ constitutes an appropriate institutional framework by which Member States could co-ordinate policies and activities in the area of politics, defence and security;
Determined to achieve solidarity, peace and security in the Region through close cooperation on matters of politics, defence and security;
Desirous to ensure that close cooperation on matters of politics, defence and security shall at all times promote the peaceful settlement of disputes by negotiation, conciliation, mediation or arbitration;
Acting in pursuance of Article 10A of the Treaty;
Hereby agree as follows:
Article 1
Definitions
1. |
In this Protocol terms and expressions defined in Article 1 of the Treaty shall bear the same meaning unless the context otherwise requires. |
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2. |
In this Protocol, unless the context otherwise requires:
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Article 2
Objectives
1. |
The general objective of the Organ shall be to promote peace and security in the Region. |
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2. |
The specific objectives of the Organ shall be to:
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Article 3
Structures
1. |
The Organ shall be an institution of SADC and shall report to the Summit. |
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2. |
The Organ shall have the following structures:
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3. |
The Troika shall consist of;
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Article 4
Chairperson of the organ
1. |
The Summit shall elect a Chairperson and a Deputy Chairperson of the Organ on the basis of rotation from among the members of the Summit except that the Chairperson and the Deputy Chairperson of the Summit shall not simultaneously be the Chairperson of the Organ. |
2. |
The term of office of the Chairperson and Deputy Chairperson of the Organ shall be one year respectively. |
3. |
The Chairperson of the Organ shall consult with the Troika of SADC and report to the Summit. |
4. |
The Chairperson, in consultation with the Troika of SADC, shall be responsible for the overall policy direction and the achievement of the objectives of the Organ. |
5. |
The Chairperson may request reports from any ministerial committee of the Organ on any matter which is within the competence of the committee |
6. |
The Chairperson may request any ministerial committee of the Organ to consider any matter, which is within the competence of the committee. |
7. |
The Chairperson may request the Chairperson of SADC to table for discussion any matter that requires consideration by the Summit. |
Article 5
Ministerial Committee
1. |
The Ministerial Committee shall comprise the ministers responsible for foreign affairs, defence, public security and state security from each of the State Parties. |
2. |
The Committee shall be responsible for the co-ordination of the work of the Organ and its structures. |
3. |
The Committee shall report to the Chairperson. |
4. |
The Committee shall be chaired by a Minister from the same country as the Chairperson for a period of one year on a rotation basis. |
5. |
The Chairperson of the Committee shall convene at least one meeting on an annual basis. |
6. |
The Chairperson of the Committee may when necessary convene other meetings of the Ministerial Committee at a request of either ISPDC or ISDSC. |
7. |
The Committee may refer any relevant matter to, and may request reports from, ISPDC and ISDSC. |
Article 6
Inter-State Politics and Diplomacy Committee
1. |
ISPDC shall comprise the ministers responsible for foreign affairs from each of the State Parties. |
2. |
ISPDC shall perform such functions as may be necessary to achieve the objectives of the Organ relating to politics and diplomacy. |
3. |
ISPDC shall report to the Ministerial Committee without prejudice to its obligation to report regularly to the Chairperson. |
4. |
ISPDC shall be chaired by a Minister from the same country as the Chairperson for a period of one year and on a rotation basis. |
5. |
The Chairperson of ISPDC shall convene at least one meeting on an annual basis. |
6. |
The Chairperson of ISPDC may convene such other meetings as he or she deems necessary or as requested by another Minister serving on ISPDC. |
7. |
ISPDC may establish such sub-structures as it deems necessary to perform its functions. |
Article 7
Inter-State Defence and Security Committee
1. |
ISDSC shall comprise the ministers responsible for defence, ministers responsible for public security and ministers responsible for state security from each of the State Parties. |
2. |
ISDSC shall perform such functions as may be necessary to achieve the objectives of the Organ relating to defence and security, and shall assume the objectives and functions of the existing Inter-State Defence and Security Committee. |
3. |
ISDSC shall report to the Ministerial Committee without prejudice to its obligation to report regularly to the Chairperson. |
4. |
ISDSC shall be chaired by a Minister from the same country as the Chairperson for a period of one year and on a rotating basis. |
5. |
The Chairperson of ISDSC shall convene at least one meeting on an annual basis. |
6. |
The Chairperson of ISDSC may convene such other meetings as he or she deems necessary or as requested by another minister serving on ISDSC. |
7. |
ISDSC shall retain the Defence, State Security and Public Security Sub-Committees and other subordinate structures of the existing Inter-State Defence and Security Committee. |
8. |
ISDSC may establish such other structures as it deems necessary to perform its functions. |
Article 8
Committee procedures
The following provisions shall apply to the ministerial committees of the Organ:
a. |
the quorum for all meetings shall be two-thirds of the State Parties; |
b. |
the ministerial committees shall determine their own rules of procedure; and |
c. |
decisions shall be taken by consensus. |
Article 9
Secretariat
The SADC Secretariat shall provide secretariat services to the Organ.
Article 10
Co-operation with non-State Parties and international organizations
1. |
In recognition of the fact that political, defence and security matters transcend national and regional boundaries, co-operation agreement on these matters between State Parties and non- State Parties, and between State Parties and organisations, other than SADC, shall be accepted provided that such agreements shall not:
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2. |
Any agreement between the Organ and a non-State Party, or between the Organ and an international organisation, shall be subject to approval by the Summit. |
Article 11
Conflict prevention, management and resolution
1. |
Obligation of the Organ under International Law
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2. |
Jurisdiction of the Organ
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3. |
Methods
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4. |
Procedures
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Article 12
Confidentiality of information
1. |
The State Parties undertake not to disclose any classified information, obtained under this Protocol or as a result of their participation in the Organ, other than to members of their own staff to whom such disclosure is essential for purposes of giving effect to this Protocol or any decision taken by the Organ. |
2. |
State Parties shall ensure that the staff referred to in paragraph 1 of this Article shall at all times maintain strict secrecy. |
3. |
State Parties further undertake not to use any classified information obtained during any multilateral co-operation between them to the detriment of any Member State. |
4. |
A State Party shall remain bound by the requirement of confidentiality under this Article even after it withdraws from the Organ. |
Article 13
Settlement of disputes
Any dispute arising between two or more State Parties from the interpretation or application of this Protocol which cannot be settled amicably shall be referred to the Tribunal.
Article 14
Withdrawal
A signatory may withdraw from this Protocol upon the expiration of twelve (12) months from the date of giving written notice to that effect to the Chairperson of the Organ. Such Signatory shall cease to enjoy all rights and benefits under this Protocol upon the withdrawal becoming effective.
Article 15
Relationship with other international agreements
1. |
This Protocol in no way detracts from the rights and obligations of State Parties under the Charters of the United Nations and the Organisation of African Unity. |
2. |
This Protocol in no way detracts from the responsibility of the United Nations Security Council to maintain international peace and security. |
3. |
This Protocol shall not derogate from existing agreements between a State Party and another State Party or a non-State Party and an international organisation, other than SADC, provided that such agreements are consistent with the principles and objectives of this Protocol. |
4. |
Where an existing agreement is inconsistent with the principles and objectives of this Protocol, the Member State shall take steps to amend the agreement accordingly. |
Article 16
Signature
This Protocol shall be signed by duly authorized representatives of the Member States.
Article 17
Ratification
This Protocol shall be subject to ratification by the Signatories in accordance with their respective constitutional procedures.
Article 18
Accession
This Protocol shall remain open for accession by any Member State.
Article 19
Amendments
1. |
Any State Party may propose an amendment to this Protocol. |
2. |
Proposals for amendments to this Protocol shall be made to the Chairperson who shall duly notify all State Parties of the proposed amendments at least three (3) months in advance of the amendments being considered by the Ministerial Committee and the Chairperson shall advise the Chairperson of Summit of the recommendation of the Committee. |
3. |
An amendment to this Protocol shall be adopted by a decision of three-quarters of the State Parties. |
Article 20
Entry into force
This Protocol shall enter into force thirty (30) days after the deposit of the instruments of ratification by two-thirds of the State Parties.
Article 21
Depositary
1. |
The original texts of this Protocol shall be deposited with the Executive Secretary who shall transmit certified copies to all Member States. |
2. |
The Executive Secretary shall register this Protocol with the Secretariat of the United Nations and the Organisation of African Unity. |
In witness whereof,we, the Heads of State or Government, or duly authorised representatives, of SADC Member States, have signed this Protocol.
Done at Blantyre, on the 14th day of August 2001 in three (3) languages English, French and Portuguese, all texts being equally authentic.