ACP-EU JOINT PARLIAMENTARY ASSEMBLY

ACP-EU JOINT PARLIAMTARY ASSEMBLY Committee on Political Affairs 23 September 2003 DRAFT REPORT on conflict prevention, the peace process and post-conflict management Co-Rapporteurs: Philippe Morillon and Kwassi Klutse (Togo) PR\504094.doc APP/3601

The ACP-EU Joint Parliamentary Assembly, - having regard to the Cotonou Agreement, especially Article 11 dealing with peacebuilding policies, conflict prevention and resolution, - having regard to the African Union Constituent Act, adopted on 11 July 2000 in Lomé (Togo), - having regard to the Rome Statute of the International Criminal Court, which was signed on 17 July 1998 and entered into force on 1 July 2002, - having regard to the declarations of the Conference of Heads of State and of Government and the decisions and declarations of the second ordinary session of the Conference of the African Union, held in Maputo (Mozambique) from 10 to 12 July 2003, - having regard to its previous resolutions, in particular its resolution (APP/...) on the rights of children, including child-soldiers, - having regard to the European Union's Code of Conduct on Arms Exports, - having regard to the European Parliament resolution of 19 June 2003 on the illegal trade in light weapons 1, - having regard to the European Parliament resolution of 13 December 2001 on the Commission communication on conflict prevention 2, - having regard to the European Parliament resolution of 26 October 2000 on the Commission communication to the Council and the European Parliament on cooperation with ACP countries involved in armed conflicts 3, - having regard to EU Council Decision 2003/432/CFSP of 12 June 2003 on the launching of the European Union military operation in the Democratic Republic of Congo 4, - having regard to the EU Council's common position of 29 October 2001 on combating the illicit traffic in conflict diamonds, as a contribution to prevention and settlement of conflicts (2001/758/CFSP) 5, - having regard to the European Union's programme for the prevention of violent conflicts, approved by the European Council at its meeting in Göteborg in June 2001, - having regard to United Nations Security Council Resolution 1467 (2003) of 18 March 2003 on 'Proliferation of small arms and light weapons and mercenary activities: threats to peace and security in West Africa', 1 Minutes of the sitting of 19 June 2003. 2 OJ C 177E, 25.7.2002, p. 291. 3 OJ C 197, 12.7.2001, p. 390. 4 OJ L 147, 14.6.2003, p. 42. 5 OJ L 286, 30.10.2001, p. 2. APP/3601 2/8 PR\504094.doc

- having regard to the United Nations Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects, A. having regard to the numerous conflicts raging or threatening to break out in Africa, and taking into consideration the tensions which could destroy the stability of the Pacific and Caribbean regions, B. whereas the causes of these conflicts are generally a failure to respect the rule of law and human rights, the absence of democracy, ethnic and religious tensions, terrorism linked to nationalism and fundamentalism, organised crime and drug trafficking, as well as poverty, unemployment, and social, economic and political injustices and inequalities, C. whereas the proliferation of light and small-calibre weapons, the illegal trade in arms and the use of child-soldiers and mercenaries is contributing to an escalation in conflicts, D. convinced that peace is vital as a first step towards economic development, E. whereas conflicts in ACP countries, especially in Africa, are increasingly taking on a regional or international dimension, with the involvement of neighbouring countries and third countries, Conflict prevention F. whereas it is preferable to prevent the outbreak of conflict rather than to intervene once it has broken out, G. drawing attention to the array of instruments for conflict prevention available under the Cotonou Agreement, H. having regard to the recent establishment of the African Union and the role that it could play in the prevention and resolution of conflicts, I. having regard, further, to the role which the ESDP might play in accordance with the Petersberg tasks and the humanitarian assistance and mediation that the European Union can offer the ACP countries, Conflict resolution J. whereas a peace agreement can be negotiated only in an atmosphere of calm, after the signing of a ceasefire, and only if all the parties to the conflict are observing that ceasefire, K. whereas the presence of a peacekeeping force may be useful at that stage, L. emphasising the need for mediation and the role that can usefully be played, to this end, by the African Union, the United Nations and the European Union, but mindful that a conflict can only be resolved by means of an agreement between the parties and that no PR\504094.doc 3/8 APP/3601

outside organisation or state can presume to impose the terms of the agreement unilaterally, M. whereas the Artemis operation in Bunia is the first European military stabilisation operation under a UN mandate outside the continent of Europe, N. emphasising the African Union s involvement alongside France in the settlement of the conflict in Côte d'ivoire, and the encouraging conclusions of the meeting of the chiefs of staff of the member states of the African Union, held in Ethiopia in May 2003, which envisage the possibility of setting up an African peacekeeping force within the next two years, Maintaining and consolidating peace O. whereas there can be no stable peace without national reconciliation, i.e. without an amnesty and without the support of the whole of civil society for the peace process, P. whereas, once the conflict has been resolved, the economic and social reintegration of former combatants, among whom child soldiers require particular attention, is a vital stage in the process of maintaining and consolidating peace, Q. emphasising the duty of the international community, in particular the European Union but also the neighbouring states, to support the peace process, and mindful of the crucial role of reconstruction aid and the efforts made by the European Union and its Member States in this connection, R. stressing the value of humanitarian aid, and recognising that the task of ensuring that it reaches the people concerned may sometimes justify military assistance on logistical grounds and to guarantee security, 1. Is convinced of the essential role of both international (UN, EU, AU) and regional cooperation in conflict prevention and resolution and peacekeeping; 2. Stresses the need to keep up a frank and fruitful dialogue between the European Union, its Member States and the ACP countries; is convinced of the very useful role of the ACP-EU Joint Parliamentary Assembly as an instrument of parliamentary diplomacy; Conflict prevention 3. Believes that, in order to prevent and resolve conflicts, it is essential first to identify their underlying causes; 4. Notes with particular interest the preventive intervention instruments enshrined in the Cotonou Agreement; is determined to ensure that the signatories honour their commitments, especially the key clause concerning the establishment of the rule of law, respect for human rights and democracy; APP/3601 4/8 PR\504094.doc

5. Welcomes the establishment of the African Union and is convinced that it will play a central role in fostering the stability of the African continent; in that connection, applauds its mediating role in the resolution of the recent conflict in Côte d'ivoire; 6. Supports the steps taken by the European Commission to set aside in the near future, under the European Development Fund, a budget for peace and conflict prevention in Africa; takes the view that this budget could be managed in conjunction with the African Union and that its scope should be extended to cover peacekeeping operations; Conflict resolution 7. Welcomes as an encouraging step forward the resolution adopted by the chiefs of staff of the member states of the African Union proposing the establishment of an African peacekeeping force within the next two years; 8. Welcomes the decision by the Council of the European Union approving the deployment in Bunia of a European peacekeeping force operating under a UN mandate; Maintaining peace 9. Takes the view that proper post-conflict management is the most effective means of avoiding further conflict; 10. Calls on the Commission, when implementing cooperation and development programmes to assist countries emerging from conflict, to ensure that priority is given to: - the economic and social reintegration of former combatants, by offering them vocational training and by offering child soldiers access to education, - the development of civil society, - humanitarian aid, - aid for reconstruction, in particular of institutions and public authorities. PR\504094.doc 5/8 APP/3601

EXPLANATORY STATEMT 'Wars are useless until they break out' (Djibouti proverb). Conflict prevention Development cooperation has undergone profound changes over the last few years. In the past, funds were allocated mainly to traditional aid projects (infrastructure, agriculture, education, health, etc.). However, these efforts were often cancelled out by the escalation of conflicts in ACP States, especially in Africa. Since the early 1990s, violent conflicts have steadily increased in an alarming manner, becoming more intense and causing more human casualties and more extensive damage. These conflicts have a devastating effect on local and regional economies, social structure and the environment and use up development aid resources. After concentrating for years on preventive diplomacy and peacekeeping operations, the international organisations which tried to tackle this issue (EU, the United Nations, OECD, etc.) have increasingly focused on the role of development cooperation in seeking peace and stability. Development cooperation can, in particular, enable trade, agricultural, financial and environmental policies to be used as instruments of peace and security policy. Admittedly, development cooperation tools cannot prevent war. However, they do have a real potential for tackling the underlying causes and avoiding the breakout of war, and thus the loss of human lives and material damage, rather than merely reacting to war once it has started and repairing the resulting damage. This new approach is justified not only on humanitarian and moral grounds, but also in political and economic terms: prevention is less costly than post-conflict reconstruction or even conflict management and resolution. As the world s major donor, the European Union can play a decisive role, through its development cooperation policy and in coordination with the main international funding institutions, in promoting democratic and legislative institutions and improving capacities for management of human, natural and financial resources. Support for democracy, the rule of law and civil society is of fundamental importance, and it has been shown, in particular, that the following measures can help to avoid the outbreak of conflict: - democratisation and participation of all sections of civil society, without social, ethnic or religious distinction; respect for minorities and for differences; - good governance and anti-corruption measures, which generally prevent social unrest; - sound management and proper regulation of access to natural resources both with neighbouring states and inside the country; - respect for the rule of law, equality before the courts; - placing national policy within a regional, political and security perspective; - early-warning system to avoid the outbreak of war. APP/3601 6/8 PR\504094.doc

It has also proved necessary to develop preventive measures regarding light weapons and child soldiers, the trade in diamonds, organised crime and drug trafficking: the unbridled and illegal trade in and excessive proliferation of arms, especially light arms such as antipersonnel mines, is largely responsible for fuelling existing conflicts and increasing the risk of new conflicts breaking out; children recruited into armies or armed groups by force or by choice are among the categories who suffer most from the adverse effects of war; the illegal trade in certain goods (e.g. war diamonds, coltan and hardwood in Africa) is used to fund wars. Other factors which can trigger, aggravate or prolong conflicts and tensions include poverty, unemployment, struggles for control of natural resources (oil, forests, water, etc.) and social, economic and political injustices and inequalities. We welcome the fact that Article 11 of the Cotonou Agreement and the political dialogue referred to in Article 8 thereof now provide instruments of preventive intervention: this is the first instance of crisis prevention appearing in the text of an agreement. Political dialogue is a key element making it possible to identify the underlying causes of conflicts, which is a prerequisite for planning prevention strategies. Conflict resolution However, it is important not to separate the issue of conflict prevention from those of conflict management and management of post-conflict situations, which are closely linked to it. It is very difficult to distinguish between these stages in actual practice. As we pointed out in Brazzaville, the following steps need to be taken once hostilities have broken out: - identify the underlying causes of the conflict and propose a regional and/or international mediation plan; ensure that fighting ceases; - reduce the implication and suffering of the civilian population, whether concerned or not concerned by the conflict; - stop the flow of weapons and money fuelling the conflict; - maintain organised contacts between the warring parties; - use the functional structures of civil society; - adopt procedures for the disarmament, demobilisation and reintegration of the rebels, taking due account of specific arrangements for former warlords. Given that a peace agreement can be negotiated only in an atmosphere of calm, after the signing of a cease-fire and only if all the parties to the conflict are observing that cease-fire, we welcome the temporary deployment of an interim multinational emergency force in Bunia, in the Democratic Republic of Congo, which is the first EU military stabilisation operation under a UN mandate outside the continent of Europe. Both international (African Union, European Union, United Nations) and regional cooperation have an essential role to play in conflict prevention and resolution and peacekeeping. In this connection, we welcome the involvement of the African Union, alongside France, in resolving the conflict in Côte d Ivoire, and the encouraging conclusions of the meeting of the PR\504094.doc 7/8 APP/3601

Chiefs of Staff of the member states of the African Union, held in Ethiopia in May 2003, envisaging the possibility of setting up an African peace-keeping force within the next two years. The European Union s decision to allocate EUR 10 million to the activities of the new Peace and Security Council set up within the African Union, to carry out mediation missions in regional conflicts involving war crimes and crimes against humanity is a clear sign of the fact that the African Union may in future be called upon to play an essential role in guaranteeing stability on the continent of Africa. Maintaining and consolidating peace/post-conflict management Proper post-conflict management is the most effective means of avoiding further conflict. This involves, among other things, collecting arms often held unduly by populations, storing them in a safe place and destroying them to ensure that the weapons from a conflict which has died down are not recycled to fuel further conflict situations; combating the illegal trade in light and small weapons with a view to improving security in the countries concerned; restoring trust between former warring parties, demobilising and disarming regular soldiers, rebels and child soldiers and offering them economic and social reintegration in order to prevent further conflicts resulting from idleness and the exclusion of young people, and eliminating the threat of destabilisation by former combatants; rehabilitating basic infrastructures. As a general rule, the following stages should be given due consideration: - a timetable for a transition and/or transfer of power and parliamentary and presidential elections; - examination of a limited amnesty without allowing situations of widespread impunity; - national reconciliation measures, using the media, civil society, women s and other (sports; religious) associations as channels; - assessment of the sources of dispute responsible for hostilities and efforts to remedy such problems; - efforts to resolve the problems of displaced persons, refugees and migrants. APP/3601 8/8 PR\504094.doc