PROTOCOL RELATING TO
THE MECHANISM FOR CONFLICT PREVENTION, MANAGEMENT, RESOLUTION,
PEACE-KEEPING AND SECURITY
THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS);
OF the ECOWAS Revised
Treaty signed in Cotonou on 23 July 1993 notably its Article 58;
OF the relevant
provisions of the Charter of the Organisation of African Unity (OAU);
OF the United Nations
Charter, with particular reference to its Chapters VI, VII and
OF the provisions of
Protocols A/P1/5/79, A/SP2/7/85, A/SP1/7/86, A/SP1/6/88,
A/SP2/5/90 relating to the free movement of persons, the right
of residence and establishment;
the Protocol on Non-Aggression signed in Lagos on 22 April 1978
and the Protocol on Mutual Assistance in Defence signed in
Freetown on 29 May 1981, notably our resolve to give mutual aid
and assistance for defence against any armed threat or
aggression on a Member State;
the Framework Agreement of the Protocol on Non-Aggression and
Assistance in Defence (ANAD) signed in Abidjan on 9 June 1977;
ALSO the Protocol on the
enforcement of the above-mentioned Framework Agreement signed in
Dakar on 14 December 1981, as well as the subsequent Protocols;
our commitment to the ECOWAS Declaration of Political Principles
adopted in Abuja on 6 July 1991, on freedom, people’s rights
the relevant provisions of the ECOWAS Conventions on Mutual
Assistance in Criminal Matters and on Extradition, signed in
Dakar on 29 July 1992 and in Abuja on 6 August 1994,
ALSO the Cairo
Declaration of 29 June 1993 on the establishment of a Mechanism
for Conflict Prevention, Management and Resolution in Africa
adopted by the 29th Session of the OAU Conference of
Heads of State and Government;
about the proliferation of conflicts which constitute a threat
to the peace and security in the African continent, and
undermines our efforts to improve the living standards of our
OF the need to develop
effective policies that will alleviate the suffering of the
civil population, especially women and children, and, restore
life to normalcy after conflicts or natural disasters, and
desirous of making further efforts in the humanitarian sphere;
OF THE FACT that good
governance, the rule of law and sustainable development are
essential for peace and conflict prevention;
the Declaration of the
moratorium on the Importation, Exportation and Manufacture of
Light Weapons, adopted by the 21st Session of the
Authority of Heads of State and Government of ECOWAS, held in
Abuja on 30 and 31 October, 1998;
also the conclusions of
the meeting of ECOWAS Ministers of Foreign Affairs on the
effective implementation of PCASED, held in Bamako on 24 March,
that cross-border crimes, the proliferation of small arms and
all illicit trafficking contribute to the development of
insecurity and instability and jeopardise the economic and
social development of the sub-region;
that these phenomena constitute serious social and economic
problems which can only be resolved within the framework of
increased and well-coordinated multilateral cooperation;
the need to make the relevant treaties and protocols more
adequate, effective and pragmatic;
to consolidate our achievements in the resolution of conflicts
through the ECOWAS Cease-fire Monitoring Group (ECOMOG).
our Decision A/DEC.11/10/98 adopted in Abuja on 31 October 1998,
relating to the ECOWAS Mechanism for Conflict Prevention,
Management, Resolution, Peace-keeping and Security;
to establish an operational structure for the implementation of
the said Decision;
AGREE ON THE FOLLOWING:
the purposes of this Protocol;
means the revised Treaty of the Economic Community of West African
States (ECOWAS) signed in Cotonou on 24 July 1993;
means the Economic Community of West African States referred to
under Article 2 of the Treaty;
means the Authority of Heads of State and Government of the
Economic Community of West African States established by Article 7
of the Treaty;
and Security Council" means the Mediation and Security
Council as defined by Article 8 of this Protocol;
and Security Commission" means the Defence and Security
Commission as defined in Article 18 of this Protocol;
Secretary" means the ECOWAS Executive Secretary appointed
in accordance with Article 18 of the Treaty;
of Elders" means the Council of Elders as defined in
Article 20 of this Protocol;
of Ambassadors" means the meeting of Ambassadors as
defined by Article 14 of this Protocol;
Representative" means the Special Representative as
defined by Article 32 of this Protocol;
Executive Secretary" means the Deputy Executive Secretary
in charge of Political Affairs, Defence and Security as referred
to in Article 16 of this Protocol;
means any of the structures provided for under Article 4 of this
means any of the structures provided for under Article 17 of this
and Monitoring Centre" means the Regional Peace and
Security Monitoring Centre as provided for under Article 58 of the
Treaty and referred to in Article 23 of this Protocol;
means the ECOWAS Cease-fire Monitoring Group which constitutes the
Community’s intervention force as defined in Article 21 of this
Commander" means the Force Commander appointed in
accordance with the provisions of Article 33 of this Protocol;
crime" refers to all crimes organised or perpetrated by
individuals, organisations or networks of local and/or foreign
criminals operating beyond the national boundaries of a Member
State, or acting in complicity with associates based in one or
several States adjoining the country where the crimes are actually
committed or having any connection with any Member State;
State in crisis" refers both to a Member State
experiencing an armed conflict as well as a Member State facing
serious and persisting problems or situations of extreme tension
which, if left unchecked, could lead to serious humanitarian
disaster or threaten peace and security in the sub-region or in
any Member State affected by the overthrow or attempted overthrow
of a democratically elected government.
PRINCIPLES AND OBJECTIVES
is hereby established within the Economic Community of West
African States (ECOWAS), a mechanism for collective security and
peace to be known as "Mechanism for Conflict Prevention,
Management, Resolution, Peace-keeping and Security".
States reaffirm their commitment to the principles contained in
the Charters of the United Nations Organisation (UNO) and the
Organisation of African Unity (OAU) and to the Universal
Declaration of Human Rights, as well as to the African Charter on
Human and People’s Rights, particularly the following
economic and social development and the security of peoples and
States are inextricably linked;
and reinforcement of the free movement of persons, the right of
residence and establishment which contribute to the reinforcement
of good neighbourliness;
and consolidation of a democratic government as well as democratic
institutions in each Member State;
of fundamental human rights and freedoms and the rules of
international humanitarian laws;
of sovereign States;
integrity and political independence of Member States;
3: Objectives of
objectives of the Mechanism shall be as follows:
manage and resolve internal and inter-State conflicts under the
conditions provided in Paragraph 46 of the Framework of the
Mechanism ratified as per Decision A/DEC.11/10/98 of 31 October
the relevant provisions of Article 58 of the Revised Treaty;
the relevant provisions of the Protocols on Non-Aggression, Mutual
Assistance in Defence, Free Movement of Persons, the Right of
Residence and Establishment;
cooperation in the areas of conflict prevention, early-warning,
peace-keeping operations, the control of cross-border crime,
international terrorism and proliferation of small arms and
and consolidate peace, security and stability within the
institutions and formulate policies that would allow for the
organisation and coordination of humanitarian relief missions;
close cooperation between Member States in the areas of preventive
diplomacy and peace-keeping;
and deploy a civilian and military force to maintain or restore
peace within the sub-region, whenever the need arises;
up an appropriate framework for the rational and equitable
management of natural resources shared by neighbouring Member
States which may be causes of frequent inter-State conflicts;
the environment and take steps to restore the degraded environment
to its natural state;
the cultural heritage of Member States;;
and implement policies on anti-corruption, money-laundering and
illegal circulation of small arms.
OF THE MECHANISM
4 : Institutions
institutions of the Mechanism shall be:
Mediation and Security Council;
other institution as may be established by the Authority.
5: Composition and
Meetings of the Authority
Authority is composed of Heads of State and Government of Member
States as stipulated in Paragraph 1, Article 7 of the Revised
Authority shall meet as often as necessary.
Authority shall be the Mechanism’s highest decision-making body.
shall have powers to act on all matters concerning conflict
prevention, management and resolution, peace-keeping, security,
humanitarian support, peace-building, control of cross-border
crime, proliferation of small arms, as well as all other matters
covered by the provisions of this Mechanism.
prejudice to its wide-ranging powers as provided under Article 9
of the Treaty and in Article 6 above, the Authority hereby
mandates the Mediation and Security Council to take, on its
behalf, appropriate decisions for the implementation of the
provisions of this Mechanism.
of the Mediation and Security Council
Mediation and Security Council shall comprise nine (9) Member
States of which seven (7) shall be elected by the Authority. The
other two (2) members shall be the current chairman and the
immediate past chairman of the Authority, each of whom shall have
an automatic right to membership of the Mediation and Security
elected Members of the Mediation and Security Council shall serve
for two (2) years renewable.
meeting of the Mediation and Security Council shall be properly
constituted when at least two-thirds of its Members are present.
of the Mediation and Security Council shall be taken by a
two-thirds majority vote of Members present.
Mediation and Security Council shall take decisions on issues of
peace and security in the sub-region on behalf of the Authority.
It shall also implement all the provisions of this Protocol.
to the provisions of Article 7 of this Protocol and Paragraph 1
above, the Mediation and Security Council shall:
on all matters relating to peace and security;
and implement all policies for conflict prevention, management and
resolution, peace-keeping and security;
all forms of intervention and decide particularly on the
deployment of political and military missions;
mandates and terms of reference for such missions;
the mandates and terms of reference periodically, on the basis of
the recommendation of the Executive Secretary, appoint the Special
Representative of the Executive Secretary and the Force Commander.
of the Mediation and Security Council
of the Mediation and Security Council shall be held at three (3)
levels: Heads of State and Government, Ministerial and
meetings of the Mediation and Security Council shall be presided
over by the Member State elected as the current Chairman of the
at the Level of Heads of State and Government
Heads of State and Government of the Mediation and Security
Council shall meet at least twice a year in ordinary sessions.
Extraordinary Sessions may be convened by the Chairman when the
need arises or at the request of a simple majority of the Members
of the Council.
Heads of State and Government of the Mediation and Security
Council shall take final decisions on all issues under their
authority and competence, including field missions and approve the
terms of reference, for such missions.
at the Ministerial Level
Ministers of Foreign Affairs, Defence, Internal Affairs and
Security of the Mediation Security Council shall meet at least
once every three (3) months to review the general political and
security situation in the sub-region. They may also meet when the
recommendations emanating from the Ministerial meetings shall be
submitted to the member Heads of State and Government of the
Mediation and Security Council.
at the Ambassadorial Level
Member States shall accredit Ambassadors as permanent
representatives to the ECOWAS Executive Secretariat. These
Ambassadors may also be those accredited to the Federal Republic
Ambassadors of Member States of the Mediation and Security Council
shall meet once a month to review issues relating to sub-regional
peace and security. They may also meet when the need arises.
reports and recommendations of meetings of the Ambassadors shall
be forwarded by the Executive Secretary to all Member States of
the Mediation and Security Council and to the Member States
concerned. The Reports shall also be submitted for consideration
by the meeting of Ministers of the Mediation and Security Council.
and Functions of the Executive Secretary
Executive Secretary shall have the power to initiate actions for
conflict prevention, management, resolution, peace-keeping and
security in the sub-region. Such actions may include fact-finding,
mediation, facilitation, negotiation and reconciliation of parties
role of the Executive Secretary shall include the following:
the appointment of the Special Representative and the Force
Commander for approval by the Mediation and Security Council ;
members of the Council of Elders;
responsibility for political, administrative and operational
activities and provide logistic support for the mission;
periodic reports on activities of the Mechanism for the Mediation
and Security Council and Member States;
fact-finding and mediation missions, on the basis of his/her
assessment of the existing situation;
in consultation with the Chairman of the Authority, all meetings
of the Mediation and Security Council, the Council of Elders, and
the Defence and Security Commission;
all decisions of the Mediation and Security Council.
ECOWAS Secretariat shall service the Mediation and Security
Council and the Defence and Security Commission.
implementing the provisions of this Mechanism, the Executive
Secretary shall be assisted by the Deputy Executive Secretary in
charge of Political Affairs, Defence and Security.
Deputy Executive Secretary
Under the direction of the Executive Secretary, the Deputy
Executive Secretary in charge of Political Affairs, Defence and
Security shall initiate and undertake all activities relating to
the implementation of the Mechanism.
The office of the Deputy Executive Secretary for Political
Affairs, Defence and Security, shall be headed by a statutory
officer appointed in accordance with Paragraph 4 (a), Article 18
of the Treaty. He shall have under his supervision appropriate
departments, divisions and sections, as may be necessary,
Department of Political Affairs;
Department of Humanitarian Affairs;
Department of Defence and Security;
Observation and Monitoring Centre; and
other departments as may be established by the Council of
Ministers on the recommendation of the Mediation and Security
ORGANS OF THE INSTITUTIONS OF THE MECHANISM
carrying out their missions, the Institutions stipulated in
Article 4 shall be assisted by the organs enumerated in Article 17
of this Protocol.
following organs are hereby established to assist the Mediation
and Security Council.
Defence and Security Commission;
Council of Elders;
Cease-fire Monitoring Group ( ECOMOG).
18: Composition of
the Defence and Security Commission
following representatives from Member States shall constitute the
Defence and Security Commission:
of Defence Staff or equivalent;
responsible for Internal Affairs and Security ;
of the Ministry of Foreign Affairs;
on the agenda, Heads of any of the following services may be
Defence and Security Commission shall examine all technical and
administrative issues and assess logistical requirements for
peace-keeping operations. It shall assist the Mediation and
Security Council in:
the mandate of the Peace-keeping Force;
the terms of reference for the Force;
the Force Commander;
the composition of the Contingents.
Defence and Security Commission shall meet once every quarter and
when necessary. The Commission shall examine reports from the
Observation and Monitoring Centres and make recommendations to the
Mediation and Security Council.
and Mandate of the Council of Elders
Executive Secretary shall compile annually, a list of eminent
personalities who, on behalf of ECOWAS, can use their good offices
and experience to play the role of mediators, conciliators and
facilitators. The list shall comprise eminent persons from various
segments of society, including women, political, traditional and
religious leaders. The list shall be approved by the Mediation and
Security Council at the level of the Heads of State and
Personalities shall be requested by the Executive Secretary or the
Mediation and Security Council, whenever the need arises, to deal
with a given conflict situation.
the circumstances require, the Executive Secretary shall assemble
eminent personalities from the approved list who shall now
constitute the Council of Elders.
composition and mandate of the Council of Elders shall be defined
by the Executive Secretary on the basis of the missions to be
of the Council of Elders selected to deal with a given situation
shall report to the Executive Secretary.
Executive Secretary shall report to the Mediation and Security
Council on the initiatives taken in conformity with the provisions
of Paragraphs 2 and 3 of this Article
of the Council of Elders shall be neutral, impartial and objective
in carrying out their mission.
21: Composition of
ECOWAS Cease-fire Monitoring Group (ECOMOG) is a structure
composed of several Stand-by multi-purpose modules (civilian and
military) in their countries of origin and ready for immediate
22: Role of
is charged, among others, with the following missions:
and restoration of peace;
intervention in support of humanitarian disaster;
of sanctions, including embargo;
disarmament and demobilisation;
activities, including the control of fraud and organised crime;
other operations as may be mandated by the Mediation and Security
PEACE AND SECURITY OBSERVATION SYSTEM
sub-regional peace and security observation system known as the
Early Warning System or "The System" is hereby
established for the purposes of conflict prevention and in
accordance with Article 58 of the Revised Treaty. The System shall
Observation and Monitoring Centre located at the Secretariat;
Observation and Monitoring Zones within the sub-region.
and Monitoring Centre
Observation and Monitoring Centre shall be responsible for data
collection and analyses and preparation of reports for the use of
the Executive Secretariat.
Centre shall collaborate with the United Nations Organisation, the
Organisation of African Unity, research centres and all other
relevant international regional and sub-regional organisations.
and Monitoring Zones
States shall be divided into zones on the basis of proximity, ease
of communication and efficiency. Each zone shall be identified by
a number and each shall have a zonal headquarters. The following
four (4) Observation and Monitoring Zones are hereby created:
N° COUNTRIES ZONAL
Verde - Banjul
Faso - Ouagadougou
zoning provided for in Paragraph 1 above may be altered, if
necessary, by the Authority of Heads of State and Government.
zonal headquarters shall be provided with an office and placed
under the authority of the Executive Secretary, through the office
of the Deputy Executive Secretary.
States hereby undertake to guarantee the freedom of operations of
the zonal headquarters in accordance with the privileges,
immunities and security to property, assets and staff of the
bureaux as provided by the ECOWAS General Convention on Privileges
and Immunities and the Headquarters Agreement.
Zonal Bureau shall maintain working relations with the host
country and local and international institutions.
Zonal Bureaux shall, on a state by state and day-to-day basis,
collect data on indicators that impact on the peace and security
of the zone and the sub-region.
Zonal Headquarters shall process the data collected and prepare a
report which they shall send to the Observation and Monitoring
Centre. Accordingly, each of the Zonal Headquarters shall be
directly linked by appropriate communication means to the
Observation and Monitoring Centre.
OF THE MECHANISM
Mechanism shall be applied in any of the following circumstances:
cases of aggression or conflict in any Member State or threat
case of conflict between two or several Member States;
case of internal conflict:
threatens to trigger a humanitarian disaster, or
poses a serious threat to peace and security in the sub-region;
In event of serious and massive violation of human rights and the
rule of law.
the event of an overthrow or attempted overthrow of a
democratically elected government;
other situation as may be decided by the Mediation and Security
Mechanism shall be put into effect by any of the following:
the decision of the Authority;
the decision of the Mediation and Security Council;
the request of a Member State;
the initiative of the Executive Secretary;
request of the Organisation of African Unity or the United
Mechanism shall be applied according to any of the following
Executive Secretary shall inform Member States of the Mediation
and Security Council and, in consultation with the Chairman, take
all necessary and urgent measures;
Mediation and Security Council shall consider several options and
decide on the most appropriate course of action to take in terms
of intervention. Such options may include recourse to the Council
of Elders, the dispatch of fact-finding missions, political and
mediation missions or intervention by ECOMOG;
Mediation and Security Council shall issue a mandate authorising
the Executive Secretary to set up a mission and define its terms
necessary, the Mediation and Security Council shall appoint the
principal officers, such as the Special Representative of the
Executive Secretary and the ECOMOG Force Commander.
Chairman of the Mediation and Security Council shall submit a
report on the situation to the Organisation of African Unity and
the United Nations;
Executive Secretariat shall mobilise all the resources required
for the operations.
States hereby agree to make available to ECOMOG units adequate
resources for the army, air force, navy, gendarmerie, police and
all other military, paramilitary or civil formations necessary for
the accomplishment of the mission.
Member State shall provide ECOMOG with a unit the size of which
shall be determined after consultation with each Member State.
strengths of these units shall be reviewed according to the
situation on the ground.
29: Mandates of
the Force and Missions of Deployed Units
the force is deployed, the strength, mandates and missions of the
units shall vary according to the evolving situation on the
30: Training and
Preparation of the Composite Stand-by Units
Executive Secretary, through the departments concerned and, in
consultation with Member States, shall contribute to the in
training of civilian and military personnel that shall be part of
the stand-by units in various fields, particularly in
international humanitarian law and human rights.
this regard, he shall:
the development of common training programmes and instruction
manuals for national schools and training centres;.
training and proficiency courses for personnel of the units in the
regional centres in Côte d’Ivoire and Ghana;
towards the integration of these centres into sub-regional centres
for the implementation of this Mechanism.
the necessary measures for the organisation of periodic staff and
commanders’ exercises and joint operations.
civilian and military personnel provided by Member States may be
deployed alone or in conjunction with armed personnel. They shall,
inter alia, supervise and monitor cease-fires, disarmament, de-mobilisation,
elections, respect for human rights, humanitarian activities and
investigate any complaints or claims brought to their notice. They
shall undertake such other activities under the terms of reference
as determined by the Mediation and Security Council.
Observer Missions shall report on their activities and findings to
the Executive Secretary.
and Functions of the Special Representative
the recommendation of the Executive Secretary the Mediation and
Security Council shall appoint a Special Representative for each
Operation undertaken by ECOMOG..
principal role and functions of the Special Representative shall
include the following:
as the Chief of the Mission and shall be responsible for the
political orientation of the mission;
peace-keeping activities and initiate political and diplomatic
negotiations with the parties, neighbouring States and other
Governments involved in conflict resolution;
troop-contributing States and other States on the situation and
operations of the mission as and when required;
activities of the sub-regional and international organisations,
including NGOs involved in humanitarian relief and peace-building
activities in the mission area. Where necessary, he shall be
assisted by a Deputy responsible for humanitarian affairs;
constant contact with and submit regular reports to the Executive
and Functions of the ECOMOG Force Commander
the recommendation of the Executive Secretary an ECOMOG Force
Commander shall be appointed by the Mediation and Security Council
and in consultation with the Defence and Security Commission for
role and functions of the ECOMOG Force Commander shall include the
shall be responsible for the efficiency of operational,
administrative and logistical plans of the mission;
shall issue instructions to contingent commanders for all
shall ensure the security of personnel and materiel of
humanitarian organisations’ in the mission area.
ECOMOG Force Commander is accountable to the Executive Secretary,
through the Special Representative.
Chain of Command
Special Representative shall report directly to the Executive
Force Commander shall report to the Executive Secretary through
his Special Representative.
Contingent Commanders shall report directly to the Force
Civil Units shall report directly to the Special Representative.
35: Role of
addition to their responsibilities as stipulated by the Treaty and
Member State shall immediately, upon request, release Stand-by
Units with the necessary equipment and materiel;
States hereby undertake to fully cooperate with ECOWAS in carrying
out the mandates of this Protocol, including all forms of
assistance and support required for the Mechanism, especially as
regards the free movement of ECOMOG within their territories.
OF THE MECHANISM
Executive Secretariat shall make provision in its annual budget,
for funds to finance activities of the Mechanism. As soon as the
Protocol governing conditions for application of the Community
Levy enters into force, a percentage of the said Levy shall be
earmarked for these activities.
requests for funds shall be made to the United Nations and other
for operations may also be raised from the OAU, voluntary
contributions and grants from bilateral and multilateral sources.
States contributing contingents may be invited to bear the cost of
operations during the first three (3) months.
shall refund the expenditure incurred by the States within a
maximum period of six (6) months and then proceed to finance the
organisation of logistics, including troop transport, shall be
determined by the Executive Secretariat in consultation with the
host country and the States contributing troops.
and Service Conditions
remuneration and conditions of service of the personnel shall be
determined by the Council of Ministers on the recommendation of
the Mediation and Security Council.
shall take active part in coordinating and conducting humanitarian
shall intervene to alleviate the suffering of the populations and
restore life to normalcy in the event of crises, conflict and
this regard, ECOWAS shall develop own capacity to efficiently
undertake humanitarian actions for the purposes of conflict
prevention and management.
the environment of a Member State is gravely devastated,
appropriate steps shall be taken to rehabilitate it.
shall recognise, encourage and support the role of women in its
initiatives for conflict prevention, management, resolution,
peace-keeping and security.
Cooperation with Other Organisations
shall cooperate with the following institutions and organisations:
regional NGOs and religious organisations;
of African Unity, the United Nations and its agencies;
international organisations intervening in the humanitarian
ECOMOG unit shall be adequately equipped to undertake humanitarian
activities in their mission area under the control of the Special
Representative of the Executive Secretary.
shall provide assistance to all national, regional and
international agencies, particularly on security issues.
necessary, ECOMOG shall coordinate the activities of humanitarian
agencies in the field.
Community hereby adopts a graduated strategy for building peace
which shall be implemented as a continuum.
Institutional Capacity for Peace-Building
stem social and political upheavals, ECOWAS shall be involved in
the preparation, organisation and supervision of elections in
Member States. ECOWAS shall also monitor and actively support the
development of democratic institutions of Member States.
shall endeavour to assist Member States emerging from conflicts to
increase their capacity for national, social, economic and
this regard, all ECOWAS financial institutions shall develop
policies to facilitate funding for reintegration and
zones of relative peace, priority shall be accorded to
implementation of policies designed to reduce degradation of
social and economic conditions arising from conflicts.
at the End of Hostilities
assist Member States that have been adversely affected by violent
conflicts, ECOWAS shall undertake the following activities:
of the peace that has been negotiated;
of conditions for the political, social and economic
reconstruction of the society and governmental institutions;
of disarmament, demobilisation and reintegration programmes
including those for child soldiers;
and reintegration of refugees and internally displaced persons;
to vulnerable persons, including children, the elderly, women and
other traumatised groups in the society.
45: Restoration of
situations where the authority of government is absent or has been
seriously eroded, ECOWAS shall support processes towards the
restoration of political authority. Such support may include the
preparation, organisation, monitoring and management of the
electoral process, with the cooperation of relevant regional and
international organisations. The restoration of political
authority shall be undertaken at the same time as the development
of respect for human rights, enhancement of the rule of law and
46: Control of
order to facilitate the control of trans-border crime, ECOWAS
shall promote close cooperation among the security services of
security services of Member States shall assist one another and
ensure proper coordination for the apprehension of criminals.
States shall establish specialised departments within their
ministries of Justice, Defence and Security with trained personnel
and communication equipment for coordination and centralisation of
cooperation matters in particular, mutual assistance in criminal
matters, and extradition requests.
States shall supply the Executive Secretariat with documents
setting out the details of criminal procedures in their countries.
The information provided by Member States shall include a summary
of the criminal process, from beginning to end, and shall outline
what is needed for each State to grant a request for mutual
assistance, extradition or the restraint or forfeiture of proceeds
of crime. Member States shall also provide all the contract
particulars for their national units and exchange information
concerning any other relevant authorities and provide updated
lists of the said units. The information shall be translated and
circulated by the ECOWAS Secretariat to all the specialised units
(Central authorities) established to handle requests and other
related matters that may arise in the course of implementation.
a view to strengthening national legal instruments on mutual legal
assistance and extradition and making them more functional and
efficient, all Member States shall harmonize their domestic law in
accordance with the relevant ECOWAS Conventions on Mutual
Assistance in Criminal Matters and Extradition. Member States
undertake to adopt a convention to incriminate and make punishable
the most commonly committed crimes in the sub-region.
States shall keep statistics, in particular, on the number of
mutual legal assistance and extradition requests received and
sent, as well as results obtained. There shall also be periodic
meetings of the specialised departments of the Ministries of
Justice, Defence and Security and the Interpol National Central
Bureaux for the purpose of exchanging information on past or
on-going cases and on measures aimed at improving cooperation.
States shall develop simplified restitution procedures for
vehicles and other stolen objects seized by the requested State.
judicial and police authorities of ECOWAS Member States shall
consider the red notices published by the ICPO-Interpol at the
request of an ECOWAS Member State as valid requests for
provisional arrest for the purpose of Article 22 of the ECOWAS
Convention on Extradition.
States shall establish a special fund for detected proceeds of
crime. This fund can be used for preventive and criminal justice
response to, inter alia, trans-border crime and drug trafficking.
Member States shall also give consideration to the establishment
of confiscated asset management offices, where required.
on forfeiture of proceeds of crime in Member State shall be
applicable to all crimes.
shall establish a Crime Prevention and Criminal Justice Centre (ECPCJS)
to serve as focal point for mutual legal assistance. The Centre
shall be part of the Legal Department within ECOWAS. This ECPCJC
shall assist in linking up ECOWAS Member States to non-ECOWAS
Member States in Mutual Assistance Matters. It shall also serve as
a supervisory power to ensure that countries implement conventions
Executive Secretary shall be responsible for the coordination and
implementation of all decisions relating to sub-regional security.
eradicate corruption within their territories and in the
sub-region, ECOWAS and its Member States shall promote
transparency, accountability and good governance.
Against Money Laundering
ECOWAS Secretariat and Member States shall adopt strategies for
combatting the problem of money laundering, by extending the scope
of offences, enabling the confiscation of laundered proceeds and
illicit funds and easing bank secrecy laws within and outside the
50: Control of the
Proliferation of Small Arms
taking into account the legitimate national defence and security
needs, and those of international peace-keeping operations, ECOWAS
shall establish effective measures to:
the importation, exportation, manufacture and eradicate the flow
of small arms.
and control the movement and use of legitimate arms stock;
collect and destroy all illicit weapons;
Member States to collect and destroy all surplus weapons.
Measures Against the Illegal Circulation
shall take all the necessary measures to combat illicit
trafficking and circulation of small arms. These measures shall
a culture of peace;
for military, security and police forces;
weapons control at border posts;
of a database and regional arms register;
and destruction of surplus and illegal weapons;
dialogue with producers and suppliers;
and harmonising national legislation and administrative
shall strengthen its institutional and operational capabilities
and those of its Member States for the effective implementation of
the measures mentioned in Paragraph 1 above.
Executive Secretariat’s Department of Political Affairs, Defence
and Security shall coordinate and monitor implementation of all
programmes and activities and shall analyse information from the
order to promote and ensure coordination of concrete measures at
national level, Member States shall, in accordance with guidelines
adopted by ECOWAS, establish national commissions made up of
representatives of the relevant authorities and the civil society.
the beginning of any ECOMOG peacekeeping operations, all dedicated
light weapons and ammunition shall be declared to the Executive
Secretariat so as to ensure their effective control as well as
removal upon completion of the operations.
weapons collected during any disarmament exercise shall be
WITH THE ORGANISATION OF
UNITY, UNITED NATIONS AND OTHER
pursuit of its objectives, ECOWAS shall cooperate with the
Organisation of African Unity (OAU), the United Nations
Organisation (UNO) and other relevant international organisations.
the implementation of this Mechanism, ECOWAS shall fully cooperate
with the OAU Mechanism for Conflict Prevention, Management and
accordance with Chapters VII and VIII of the United Nations
Charter, ECOWAS shall inform the United Nations of any military
intervention undertaken in pursuit of the objectives of this
provisions of this Protocol shall replace all the provisions of
the ECOWAS Protocol relating to Mutual Assistance in Defence
signed on 29 May 1981, which are in conflict with the spirit of
provisions of the Protocol on Non-Aggression signed on 22 April,
1978, which are incompatible with those of the present Protocol
are hereby declared null and void.
devolving from the provisions of this Protocol shall not be
interpreted as being against the spirit of Conventions or
Agreements between one Member
and a third State; provided such Conventions and Agreements are
consistent with the spirit of this Protocol, otherwise, such
provisions are null and void.
of Subregional Institutions
shall take necessary measures to rationalise all mechanisms,
institutions and organs of the sub-region, having similar aims and
objectives with this Mechanism.
this end, ANAD may be transformed into a specialised agency of
AND FINAL PROVISIONS
Member State may submit proposals for the amendment or revision of
such proposals shall be submitted to the Executive Secretary who
shall notify other Member States not later than thirty days after
the receipt of such proposals. Amendments or revisions shall not
be considered by the Authority unless Member States shall have
been given at least one month’s notice thereof.
or revisions shall be adopted by the Authority.
Member State wishing to withdraw from this Protocol shall give a
one-year written notice to the Executive Secretary who shall
inform Member States thereof. At the end of this period of one
year, if such notice is not withdrawn, such a State shall cease to
be a party to the Protocol.
the period of one year referred to in the preceding paragraph,
such a Member State shall nevertheless continue to observe the
provisions of this Protocol and discharge its obligations
57: Entry into
Protocol shall enter into force provisionally upon signature by
Heads of State and Government. Accordingly, signatory Member
States and the Executive Secretariat hereby undertake to start
implementing all provisions of this Mechanism upon signature.
Protocol shall definitely enter into force upon ratification by at
least nine (9) signatory States in accordance with the
constitutional procedures of each Member State.
Protocol and all instruments of ratification shall be deposited
with the Executive Secretariat which shall transmit certified true
copies to all Member States and notify them of the dates of
deposit of instruments of ratification by the Member States and
shall register it with the Organisation of African Unity (OAU), as
well as the United Nations (UN) and any other Organisation as may
be decided by the Council.
THE HEADS OF STATE AND GOVERNMENT OF THE MEMBER STATES OF THE
ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HAVE SIGNED
AT LOME, THIS 10TH DAY OF DECEMBER, 1999
SINGLE ORIGINAL IN THE ENGLISH, FRENCH AND PORTUGUESE LANGUAGES,
ALL TEXTS, BEING EQUALLY AUTHENTIC.
H.E. Blaise COMPAORE
of the Republic
President of Faso
Chairman, Council of Ministers
of Burkina Faso
Alexandre Dias MONTEIRO
H.E. Henri Konan BEDIE
of Commerce, Industry
President of the Republic
of Côte d’Ivoire
and on behalf of the
of Cabo Verde
Mrs Isatou NJIE-SAIDY
H.E. Flt.-Lt. Jerry John RAWLINGS
President of the Republic
of State for Health, Labour,
Welfare and Women’s Affairs,
and on behalf of the President
the Republic of The Gambia
Zaïnoul Abidine SANOUSSI
Hon. José Pereira BATISTA
of Foreign Affairs in the
Minister of Foreign Affairs
Office and International
and on behalf of the President
For and on behalf of the President
the Republic of Guinea
of the Republic of Guinea-Bissau
H.E. Alpha Oumar Konare
President of the Republic of
and on behalf of the President
Sidi Mohamed Ould BOUBACAR
H.E. Squadron Leader Daouda
Secretary-General at the Presidency
and on behalf of the President of the
President of the Council for National
Republic of Mauritania
Reconciliation, Head of State of the
Republic of Niger
H.E. Abdou DIOUF
President of the Republic
the Armed Forces of the Federal
Ahmad Tejan KABBAH
H.E. Gnassingbé EYADEMA
of the Republic
President of the Togolese