EXPLANATORY MEMORANDUM
l3March 2003

SUBJECT: Ratification of SADC Protocol on Politics, Defence and Security Co-operation.


1. SUMMARY

1.1 The SADC Protocol on Politics, Defence and Security Co-operation was signed in Blantyre. Malawi on 14 August 2001.

1.2 The focal point of the Organ Protocol is Article 11 entitled "Conflict Prevention; Management and Resolution". This Article spells out the obligations, jurisdiction, methods and procedure of the Organ to ensure the maintenance of peace and stability. preferably through peaceful means and in accordance with the Charter of the United Nations.

1.3 The Organ Protocol defines significant intra and inter-state conflict and prescribes that such conflict should be managed primarily by peaceful means. However. where such means prove unsuccessful, it provides that the Chairperson, acting on the advice of the Plenary Ministerial Committee, may recommend to SADC Summit that enforcement action be taken against one or more of the disputant parties. The Organ Protocol furthermore stipulates that Summit shall resort to enforcement action only as a matter of last resort and in accordance with the provisions of she United Nations Charter.

1.4 In order to operationalise the Organ the Protocol establishes the Organ on Politics Defence and Security and in this regard determines the sub-structures and ines of communication and reporting to be used.


2 BACKGROUND

2.1 The Protocol on Politics, Defence and Security Co-operation has been the subject of a Review process spanning approximately two years. At the SADC Summit


Meeting held in August 1999 it was agreed that the Review and implementation of the Protocol should form part of the General SADC Review Process.

2.2 At an Extraordinary Summit Meeting held during March 2001 Summit agreed to the Draft Protocol finalised during October 2000 at Piggs Peak in Swaziland. The Protocol was referred back to the ISDSC Ministers for final editorial changes. The ISDSC subsequently made small editorial changes and again endorsed the Protocol at an Extra-ordinary Ministerial meeting held in Harare on the 11 June 2001. The SADC Protocol on Politics, Defence and Security Co-opration was subsequently signed in Blantyre, Malawi on 14 August 2001.

2.3 On 6 November 2002 the Cabinet approved the SADC Protocol on Politics. Defence and Security Co-operation.


3. IMPLICATIONS FOR SOUTH AFRICA

3.1 The broad intent of the Organ Protocol is to achieve solidarity, peace and security within the SADC region through close co-operation on matters of politics; defence and security. The emphasis is on the peaceful settlement of disputes by negotiation, conciliation; mediation and arbitration. In this context the Organ Protocol addresses both intra - and inter-state conflict and stipulates principles for collective action in managing such conflict.

3.2 According to Article 2 of the Protocol the general objective of the Organ shall be to promote peace and security in the Region.

3.3 In order to operationalise the above objectives the Protocol establishes the Organ on Politics, Defence and Security. In this regard the Organ shall have the following structures:

e the Chairperson of the Organ;

· a Plenary Ministerial Committee;

an Inter-State Politics and Diplomacy Committee (lSPDC);

an Inter-State Defence and Security Committee (ISDSC): and

· such other sub-structures as may be established by any of the ministerial committees.

3.4 With respect to the Chairperson of the Organ. it is stipulated in Article 4, that Summit shall elect the Chairperson and Deputy Chairperson on a basis of rotation from among Member States of the Summit. it is, however; clearly stated that the Chairperson and Deputy Chairperson of the Organ cannot simultaneously be the Chairperson of the SADC. it is also stated that the Organ's Chairperson shall report to the Chairperson of SADC.

3.5 With respect to the Ministerial Committee. the inter-State Defence and Security,
Committee and the inter-State Politics and Diplomacy Committee, the Organ Protocol lays down clear guidelines for their operation in Articles 5,6 and 7
respectively.

3.6 The focal point of the Organ Protocol is Article 11 entitled "Conflict Prevention, Management and Resolutions" This Article spells out the obligations. jurisdiction, methods and procedure of the Organ to ensure the maintenance of peace and stability preferably through peaceful means and in accordance with the Charter of the United Nations.

3.7 The Protocol also prescribes the relationship with other International Agreements Article 15). In this regard the r3ghts and obligations of Member States under the Charter of the United Nations and AU Constitutive Act are recognised.