Memorandum of Understanding Amongst the Southern African Development Community Member States on the Establishment of a Southern African Development Community Standby Brigade
Published 2007-09-04Read 1162 times
Memorandum
of Understanding Amongst the
Southern African Development Community Member
States on the
Establishment of a Southern African Development Community Standby Brigade
TABLE OF CONTENTS
Preamble
Article 1 Definitions
Article 2 Purpose of MOU
Article 3 Establishment and Composition of SADCBRIG
Article 4 Functions of SADCBRIG
Article 5 Functions of Civilian Component of SADCBRIG
Article 6 Planning Element
Article 7 Deployment of SADCBRIG
Article 8 State Parties Contribution
Article 9 Main Logistics Depot
Article 10 Funding and Financial Guidelines
Article 11 Reimbursement of State Parties and
Support from SADC
Article 12 Command and Control
Article 13 Training and Exercises
Article 14 Deployment Movement and
Transportation
Article 15 Claims
Article 16 Recovery
Article 17 Supplementary Agreements
Article 18 Confidentiality
Article 19 Settlement of Disputes
Article 20 Amendments
Article 21 Entry into Force
Article 22 Accession
Article 23 Withdrawal
Article 24 Depository
PREAMBLE
We, the Heads of State or
Government of:
The
The
The Democratic
The
The
The
The
The
The
The
The
The United
The
The
PURSUANT to
the decision of the SADC Summit, held in
HAVING REGARD to the United Nations (UN) Charter,
Article 4 of the Constitutive Act of the African Union (AU), as read with
Article 13 of the Protocol Relating to the Establishment of the Peace and
Security Council of the African Union; the SADC Protocol on Politics, Defence
and Security Co-operation;
HAVING RESOLVED to
unite our efforts towards collective self-defence and security and the
preservation of peace and stability;
HEREBY AGREE as follows:
ARTICLE 1
DEFINITIONS
In this MoU,
terms and expressions defined in Article 1 of the SADC Treaty;
Article 1 of the
SADC Protocol on Politics, Defence and Security Co-operation, and in Article 1
of the SADC Mutual Defence Pact shall bear the same meaning unless the context
otherwise requires.
In this MOU,
unless the context otherwise requires:
?Civilian Component? means
all civilian personnel including the Special Representative of the Mandating Authority
and range of substantive civilian experts in a mission area;
"Consumables/ Expendable means an item or material which is
item? expended
or consumed in use or is integral to, or a structural part of, another
equipment or installation;
?Main Logistics Depot? means
a central regional facility for maintenance, storage and management of the
logistical infrastructure for the SADCBRIG;
"Minor Equipment" means all other equipment not deemed
to be consumables or major equipment such as furniture;
"Mandating
Authority" means supra-national political
entities under
whose mission the SADCBRIG
may be deployed namely SADC, AU, or UN;
?MoU? means
this Memorandum of Understanding;
?State Party? means
a member state that has signed or acceded to this MoU;
?Personnel? means
the Military, Police and Civilian personnel appointed for the purposes of this
MoU;
?Planning Element" means an autonomous management
structure that operates on a daily basis as a tool of the SADC Organ to ensure
the attainment of the objectives of the SADCBRIG;
?SADCBRIG? means
the Southern African Development Community Standby Brigade;
?SADCPOL? means
the Southern African Development Community Police Component of the Standby
Brigade.
ARTICLE 2
PURPOSE OF MOU
The purpose of
this MoU is to establish and provide a legal basis for the operationalisation
of SADCBRIG.
ARTICLE 3
ESTABLISHMENT AND COMPOSITION OF SADC BRIG
There is hereby
established a SADC Standby Brigade which shall consist of the Military, Police and
Civilian component.
ARTICLE 4
FUNCTIONS OF SADCBRIG
The functions of
the SADCBRIG shall be to participate in missions as envisaged in Article 13 of
the Protocol Establishing the Peace and Security Council of the AU, which
include performing the following functions:
(a) observations and monitoring missions;
(b) other types of Peace Support Missions;
(c) intervention
in a State Party in respect of grave circumstances or at the request of that
State Party, or to restore peace and security in accordance with Article 4(h)
and (j) of the Constitutive Act;
(d) preventive
deployment in order to prevent:
(i)
a dispute or conflict from escalating;
(ii)
an on-going violent conflict from spreading to
neighbouring areas or States; and
(iii)
the resurgence of violence after parties to a
conflict have reached an agreement;
(e) peace-building, including post-conflict
disarmament and demobilization;
(f) humanitarian assistance to alleviate the
suffering of civilian population in conflict areas and support;
(g) any other functions as may be authorised
by the SADC Summit.
ARTICLE 5
FUNCTIONS OF CIVILIAN COMPONENT OF THE
SADCBRIG
The functions of
the Civilian Component in the SADCBRIG include, among others:
(a) provision
of human resource, financial and administrative management;
(b)
humanitarian liaison;
(c)
provision of legal advice;
(d)
protection of human rights including women and
children.
ARTICLE 6
PLANNING ELEMENT
1. State Parties
shall establish, in a separate instrument, a SADC Planning Element to perform
such functions as shall be set out therein.
2. The SADC
Planning Element shall be an autonomous organisation operating on a daily basis
as a tool of the SADC Organ on Politics, Defence and Security Co-operation.
3. The SADC
Planning Element shall be the focal point for the activities provided for under
Article 13 of this MoU.
ARTICLE 7
DEPLOYMENT OF SADCBRIG
1. The SADCBRIG shall only be deployed on
the authority of the SADC Summit.
2. The SADCBRIG may be deployed on a SADC,
AU or UN mandate.
ARTICLE 8
STATE PARTIES? CONTRIBUTION
1. State Parties
shall contribute the Military, Police and Civilian personnel as required and
agreed upon. Any personnel contributed
above the level agreed upon shall be the State Parties? responsibility and thus
not subject to reimbursement or other kind of support by SADC.
2. State Parties
shall contribute major equipment as required and agreed upon.
3. The State
Parties shall ensure that the major equipment meets the performance standards
required and agreed upon for the duration of the deployment of such equipment
with the SADCBRIG.
4. Any equipment
contributed above the level agreed upon shall be the responsibility of that State
Party and thus not subject to reimbursement or other kind of support by SADC.
5. State Parties
shall contribute minor equipment and consumables related to up-keep of
personnel as required and agreed upon.
6. State Parties
shall ensure that the minor equipment and consumables meet the performance
standards as required and agreed upon for the duration of the deployment of
such equipment with the SADCBRIG.
7. Any equipment
contributed above the level agreed upon shall be the responsibility of that State
Party and thus not subject to reimbursement or other kind of support by SADC.
ARTICLE 9
MAIN LOGISTICS DEPOT
1. A Main Logistics Depot (MLD) shall be
established at a location to be agreed upon by State Parties.
2. SADC and the MLD host
ARTICLE 10
FUNDING AND FINANCIAL GUIDELINES
All logistic resources and services
rendered to the SADCBRIG as required and agreed upon shall be financed by SADC
and shall be in accordance with the SADC financial guidelines.
ARTICLE 11
REIMBURSEMENT OF STATE PARTIES AND SUPPORT
FROM SADC
1. SADC shall
reimburse each contributing
2. SADC shall
reimburse each contributing
3. The
reimbursement rates for major equipment shall be reduced proportionately in the
event that such equipment does not meet the required performance standards as
agreed upon or in the event that the equipment listing is reduced.
4. SADC shall
reimburse each contributing
5. The
reimbursement rates for the minor equipment and consumables shall be reduced
proportionately in the event that the equipment does not meet the required
performance standards as agreed upon or in the event that the level of minor
equipment and consumables is reduced.
6. The payment
of personnel costs, the lease and self-sustenance rates will be calculated from
the date of arrival of personnel and equipment in the mission area and will
remain in effect until the date the personnel and/or equipment ceases to be
deployed in the mission area as determined by SADC.
ARTICLE 12
COMMAND AND CONTROL
1. The SADCBRIG
command structure shall be harmonized to enable it to interact with the AU and
UN command arrangements in the field.
2. The command
structure at any SADCBRIG headquarters shall strictly be representative of all
contributing State Parties.
3. The SADCBRIG
shall be subject to the standard command and control arrangements of the AU and
UN operations.
4. When
deployed, SADCBRIG shall be under the strategic direction of the Special
Representative to be appointed for every specific mission by the Mandating
Authority.
5. The SADC
Summit shall appoint a Force Commander, Commissioner of Police and Head of the
Civilian Component for each specific mission
from
the Personnel Contributing State Parties.
These appointed officers shall report to the Special Representative,
whilst the Military Contingent Commanders shall report to the Force Commander.
6. The Terms of
Reference (TOR) for the Command Element, Headquarters and specialized mustering
at SADCBRIG shall be as determined by the Mandating Authority.
7. Military
personnel and equipment shall be under the operational control of the Force
Commander and shall remain under the command of each contributing country.
8. Police personnel
and equipment shall be under the operational control of the Commissioner of Police
and shall remain under the command of each contributing country.
ARTICLE 13
TRAINING AND EXERCISES
1. The training
of personnel and units for the SADCBRIG shall be the responsibility of each State
Party.
2. The required
level of training proficiency for personnel and units assigned to SADCBRIG
shall be achieved by standardized training objectives. Common training standards shall be developed
by the Regional Peacekeeping Training Centre (RPTC) to be compatible with the
developed standards of the AU/UN.
3. Such training
shall include field training exercises at national and multi-national levels.
ARTICLE 14
DEPLOYMENT, MOVEMENT AND TRANSPORTATION
1. Each State
Party shall be responsible for planning the deployment, movement and
repatriation of its contribution to the SADCBRIG.
2. Each State
Party shall submit its deployment plan to the Mandating Authority for approval.
3. The Mandating
Authority shall be responsible for providing or contracting means of
transportation, as well as the execution of the movement, including the
co-ordination and control thereof.
ARTICLE 15
CLAIMS
1. Indemnity
State
Parties hereby waive all claims against each other arising out of loss of, or
damage to the property, or out of death or injury sustained by its personnel
during training or performance of duty under this MOU, provided that such loss
of, or damage to the property, or death or injury is not attributable to the
gross negligence or willful misconduct of the personnel of any Member State, or
its authorized representative.
2. Claims by Third Parties
SADC
shall be responsible for any claims by third parties where loss of, or damage
to the property, death of, or injury to personnel, was caused by the personnel
or equipment provided by a State Party in the performance of services, or any
other activity under this MOU.
ARTICLE 16
RECOVERY
1. A State Party
shall reimburse SADC for loss of, or damage to SADC-owned equipment and
property caused by the personnel or equipment provided by the State Party, where such loss or damage:
(a) occurred outside the performance of
services or any activity or operation
under this MOU; or
(b) arose
out of ,or resulted from gross negligence or willful misconduct on the part of
personnel of the Member State.
2. A State Party
shall reimburse SADC for any Third Party claims arising from gross negligence
or willful misconduct of its personnel, or where such claims arose out of
actions or incidents outside the performance of services or any activity or
operation under this MOU.
ARTICLE 17
SUPPLEMENTARY AGREEMENTS
State Parties may,
in respect of any particular issue covered by the provisions of this MOU, make
such subsequent agreements, of a specific or general nature, as would enhance
the effective implementation of this MOU.
ARTICLE 18
CONFIDENTIALITY
1. State Parties
shall not disclose any classified information obtained in the implementation of
this MOU, or any other related agreements, or obtained during any multilateral
co-operation, other than to their own staff, where such disclosure is essential
for purposes of giving effect to this MOU or such further agreements pursuant
to this MOU.
2. Visiting
personnel shall, in the implementation of this MOU, comply with the security
regulations of the host State Party and any information disclosed or made
available to such visiting personnel shall be treated in accordance with this
Article.
ARTICLE 19
SETTLEMENT OF DISPUTES
Any dispute
among State Parties arising from the interpretation or application of this MOU
shall be settled amicably, and where there is no settlement, the matter shall
be referred to the SADC Tribunal as established by Article 16 of the SADC
Treaty, whose decision shall be final and binding.
ARTICLE 20
AMENDMENT
1.
Any State Party may propose amendments to this
MoU.
2.
Proposals for amendment to this MoU may be made
to the SADC
3. Amendments to this MoU shall be adopted
by consensus all State Parties, and shall become effective thirty (30) days
after such adoption.
ARTICLE 21
ENTRY INTO FORCE
This MoU shall
enter into force on the Date of Signature by two thirds of all Member States.
ARTICLE 22
ACCESSION
This MOU shall remain open for
accession by any State subject to Article 8 of the SADC Treaty.
ARTICLE 23
WITHDRAWAL
Any State Party may
withdraw from this MOU upon the expiration of twelve (12) calendar months from
the date of giving written notice to that effect to the Chairperson of the
Organ and shall cease to enjoy all the rights and benefits under this MOU but
shall remain bound:
(a) until all
the obligations are met under the provisions of Article 16 of this MoU;
(b) indefinitely,
in respect of the outstanding obligations incurred before the withdrawal under
the provisions of this MOU.
ARTICLE 24
DEPOSITORY
The original texts of this MoU
shall be deposited with the
IN WITNESS WHEREOF, WE, the duly authorised representatives of our
Heads of State or Government, have signed this Memorandum of Understanding.
DONE at Lusaka, Republic of
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REPUBLIC OF ANGOLA REPUBLIC OF BOTSWANA
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DEMOCRATIC REPUBLIC OF KINGDOM OF LESOTHO
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