African Unification Front
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AU CIVIL-MILITARY RELATIONS
AUF RECOMMENDATIONS
1. The Union Act and prior African treaties outline the principles, doctrine, structures, responsibilities and relationships which are necessary to secure democratic civil-military relations for the African Union Defence Force. Civil-military relations refer to the hierarchy of authority between the political authorities and the African armed forces, and to civil supremacy over these forces.
2. The law governing the African armed forces should contain the following provisions in this regard:
2.1 The Chair of the African Chiefs of Defence Staff of the African Union shall be the Commander-in-Chief of the AUDF.
2.2 The Pan African Parliament may declare a state of national defence.
2.3 The ACDS may employ the AUDF in accordance with its functions and subject to the accountability outlined below.
2.4 The ACDS shall immediately inform Parliament of the reasons for the employment of the AUDF where this relates to the defence of the African Union, compliance with international obligations or the maintenance of internal law and order.
2.5 Parliament may resolve to terminate such employment.
2.6 The ACDS shall exercise military executive command of that force subject to the directions of the PAP, and during a state disaster or state of emergency, under the direction of the President of the PAP.
2.7 The establishment, organisation, training, conditions of service and other matters concerning the regular force and the part-time force shall be as provided for by an Act of the Pan African Parliament.
2.8 The ACDS shall be accountable to Parliament for the AUDF.
2.9 Parliament shall annually approve the defence budget.
2.10 A PAP standing committee on defence shall be established in Parliament. The committee shall be competent to investigate and make recommendations on the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the AUDF, and to perform such other functions related to parliamentary supervision of the force as may be prescribed by law.
2.11 The AUDF shall perform its functions and exercise its powers solely in the interest of the African Union by i) upholding the supremacy of the PAP; ii) providing for the defence of the African Union; and iii) ensuring the protection of the citizens of the African Union.
2.12 The AUDF shall perform its functions and exercise its powers under the directions of the PAP Committee on Defense and in accordance with the AUF Guidelines for Military Interposition and any law created by the PAP.
2.13 The AUDF shall conform to international law on armed conflict which is binding on the African Union, including the UN Charter and the Geneva and the Hague Conventions.
2.14 The AUDF shall refrain from furthering or prejudicing sectarian, ethnic or party-political interests, and no member of the regular force shall hold office in any political party or organisation.
3. Members of the AUDF are citizens and therefore enjoy the same fundamental rights as civilians. Certain exceptions to this principle will be necessary because of the unique nature of armed forces and military service. The exceptions will be limited and specific, and will be covered in defence legislation.
3.1 The exceptions will also be subject to the provisions on limitation of fundamental rights. Such limitations are only permissible if they are reasonable, justifiable in an open and democratic society, and do not negate the essential content of the right in question.
3.2 Military personnel are entitled to vote and to be members of the political party of their choice. However, as noted above, no member of the Regular Force shall hold office in any political party or political organisation.
3.3 Military personnel shall not attend political meetings in uniform save where they are on official duty.
3.4 A member of the AUDF "shall be obliged to comply with all lawful orders but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the African Union. Military personnel shall be obliged to report unlawful orders and actions to an appropriate military authority.
3.5 The provision stated above will be applied strictly and its implications for military operations will be conveyed to all officers, warrant-officers and other ranks in the course of their training and education.
3.6 The AUDF shall promote freedom of religion and shall cater for the different religious views of its members on an inter-denominational basis. Religious observances shall be conducted on an equitable basis, and attendance at such observances shall be free and voluntary. The Chaplains Service shall regulate religious policy and practice in accordance with departmental policy and in consultation with the Religious Advisory Boards which represent different faiths.
3.7 The AUDF shall respect African languages and shall endeavour to cater for the different languages of its members. Instruction, command and control shall be conducted in languages that are commonly understood by all, are easily translated, or are specific to the military.
3.8 The AUDF shall not discriminate against any of its members on any grounds whatsoever, other than merit and performance in relevant excercises. It shall not discriminate against anyone on account of personal private matters of a sexual, spiritual, or intellectual nature, nor on the appearance of personnel if the physical characteristics do not substantially retard their ability to carry out assignments.
3.9 The PAP shall appoint a work group to facilitate and monitor the implementation of the policy outlined above regarding religion, language and sexual orientation.
4. Relations with civil society
4.1 The AUDF shall conduct itself with honour and dignity, and shall abide by the provisions of the AUF Guidelines for Military Interposition, in its interaction with civil society. Military personnel shall treat civilians with courtesy and respect in the performance of their duties.
4.2 The Political Committee shall consult with interest groups and stakeholders in civil society in the formulation of defence policy, and shall provide the public with adequate information on defence matters.
END
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