Council Common Position 2005/304/CFSP of 12 April 2005 concerning conflict prevention, management and resolution in Africa and repealing Common Position 2004/85/CFSP
Date: 2005-04-12
Institutions: Council of the European Union
Subjects: Africa, EU aid, peacekeeping, settlement of disputes, the EU's international role, war

15.4.2005

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Official Journal of the European Union

L 97/57

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2005/304/CFSP

of 12 April 2005

concerning conflict prevention, management and resolution in Africa and repealing Common
Position 2004/85/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the European Union and in
particular, Article 15 thereof,

Whereas:

The primary responsibility for prevention, management
and resolution of conflicts on the African continent lies
with Africans themselves.

International
the
undertaken within
management and resolution of conflicts in Africa.

law defines the framework for activities
prevention,

context

of

The United Nations Security Council has the primary
international
responsibility
peace and security under the Charter of
the United
Nations.

the maintenance of

for

In the drawing up of UN Security Council decisions, the
defence of European Union positions and interests is
fully ensured by the application of Article 19 of the
Treaty on European Union.

(1)

(2)

(3)

(4)

(5)

(6)

the Council adopted Common
On 26 January 2004,
Position 2004/85/CFSP concerning conflict prevention,
management and resolution in Africa (1).

(10)

On 22 November 2004,
the Council approved the
Action Plan for ESDP support for Peace and Security in
Africa and Conclusions on Peace and Security in Africa,
and on 13 December 2004 the Council endorsed the
Guidelines for implementing that Action Plan.
In this
context,
complementary
framework of CFSP
character of

the Council
actions

stressed
in the

the

(1) OJ L 21, 28.1.2004, p. 25.

(7)

(8)

(9)

(including through ESDP support), the Peace Facility for
Africa, Community instruments and bilateral actions by
Member States.

The promotion of peace, security and stability in the
continent is one of the objectives of the African Union
(AU) and the peaceful resolution of conflicts among
Member States is one of the principles enshrined in the
Constitutive Act of the AU. The prevention, management
and resolution of conflicts have been the subject of
dialogue with the Organisation of African Unity (OAU)
and its successor, the AU, and are included in the Cairo
Declaration and Plan of Action. The AU and African sub
regional organisations constitute the central actors in the
prevention, management and resolution of conflicts in
Africa.

environment,

and comprehensive

Effective conflict prevention requires strategies to create
enabling conditions for a stable and more predictable
international
and
balanced aid and developmental assistance programmes
to alleviate the pressures that trigger violent conflict; the
importance of economic factors in conflicts in Africa, as
well as
the potential of diplomatic and economic
measures for the prevention and resolution of violent
conflicts also have to be taken into account.

a

is

There
democracy, human rights,
governance, where development
cooperation has
strategic role to play in strengthening capacities
manage conflicts in peaceful ways.

link between conflict prevention and
law and good
a
to

the rule of

The linkages between HIV/AIDS and conflict have to be
addressed in all policies concerning peace and security. In
all phases of conflict, from prevention to reconstruction,
instability creates the conditions for an accelerated spread
of
the pandemic. The spread of HIV/AIDS itself has
serious socioeconomic and political consequences in the
short and the long term.

(11)

The European Community and its Member States entered
into a Partnership Agreement with the ACP States at
Cotonou on 23 June 2000.

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(12)

The European Parliament adopted on 30 November
2000 a Resolution on Participation of Women in
Peaceful Conflict Resolution; and the ACP-EU Joint
Parliamentary Assembly adopted on 21 March 2002 a
Resolution on Gender Issues.

of this, and to enhance capacity for early action, a yearly survey
shall continue to be drawn up by the Presidency assisted by the
Secretary General/High Representative and the Commission, so
as to identify and monitor potential violent conflicts and
their
presenting the policy options necessary to prevent
outbreak or recurrence.

(13) On 8 December 2003 the Council adopted Guidelines on

Children and Armed Conflict,

Article 2

HAS ADOPTED THIS COMMON POSITION:

Article 1

The EU shall contribute to the prevention, management
1.
and resolution of violent conflicts in Africa by strengthening
African capacity and means of action in this field, in particular
through enhanced dialogue with, and support for, the AU and
sub-regional organisations and initiatives, and civil society orga-
take further steps to
nisations.
promote coordination between the many actors that may be
involved, including a closer coordination of the measures taken
by the Community and its Member States, notably in the frame
of the Action Plan for ESDP Support for Peace and Security in
Africa and the Guidelines for its implementation.

In doing this,

the EU shall

In particular, the EU shall implement the Action Plan for
2.
ESDP Support for Peace and Security in Africa, in accordance
with the Guidelines endorsed by the Council. Coordination of
Member States and Community contributions shall be improved
and possibilities for a management mechanism in order to
facilitate the pooling of voluntary contributions by Member
States shall be explored.

The EU shall, as it strengthens its capacity in the areas of
3.
improve its close
crisis management and conflict prevention,
cooperation with the UN and relevant
regional and sub-
regional organisations in order to achieve the above objective.
Cooperation with the UN on crisis management shall be taken
forward in line with and as a part of the implementation of the
Joint Declaration on UN-EU Cooperation in Crisis Management
of 24 September 2003. The
its
commitment to African ownership, shall remain prepared to
in crisis management
become involved, whenever necessary,
in Africa with its own capabilities.

EU, notwithstanding

4.
The EU shall develop long-term conflict prevention and
peace-building initiatives, recognising that progress in these
areas is a necessary precondition also for African States to
build and sustain capacity to deal effectively with terrorism.

5.
The EU shall develop a proactive, comprehensive and
integrated approach, which shall also serve as a common
framework for actions of individual Member States. As a part

The EU’s policy shall focus on preventing the outbreak and
spreading of violent conflicts through early action, and on
preventing the recurrence of violent conflicts. In this context,
EU action shall cover:

— conflict prevention by seeking to address the more structural
root causes while targeting the direct causes — trigger
factors — of violent conflicts,

— crisis management by addressing acute phases of conflicts
and supporting efforts to bring the violence to an end, using
including political and practical
all possible measures
support to regional and sub-regional
initiatives to achieve
and support a ceasefire agreement between all parties
involved and, when appropriate, deployment of a crisis
management operation,

— peace-building by

for
containing violent conflict and to prepare for, and sustain,
peaceful solutions to such conflicts,

to support

initiatives

seeking

— reconstruction by supporting the economic, political and
social rebuilding of post-conflict States and societies to
prevent
the re-escalation of violence and to promote
sustainable peace.

Article 3

In order to better contribute to conflict management as well as
to respond to existing crises, the EU shall take into account:

— development of

international

legal systems, dispute reso-
lution mechanisms, and cooperative arrangements at the
regional
in particular, the establishment of the AU
Peace and Security Council in June 2004,

level,

security and judicial

— institution building by increasing the effectiveness of African
including for
national
counter-terrorism activities
identifying
specific action to assist African countries in implementing
international
their
instruments
fight
against terrorism and illicit trafficking,

commitments
in all

under
relevant

including the

the
fields,

institutions

as well

existing

as by

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— support for the ratification and full implementation of the
Rome Statute of the International Criminal Court, which can
play an important role in shaping national institutions for
the fight against impunity. This includes the reinforcement
institutions which have an important comple-
of judicial
mentary role in this context. Special attention will be paid
to war-related crimes included in the Rome Statute of the
International Criminal Court,
like the conscription or
enlistment of children, which has a serious impact on
conflict-struck countries.

— to improve the coordination between the efforts of

the
Community and those of its Member States in this field,

— to improve development

cooperation with
regional, subregional and local actors in order to ensure
consistency between initiatives and to support African
activities,

and trade

Article 4

— to coordinate its efforts with the international financial insti-

tutions.

The EU shall seek to increase its support

1.
to regional
arrangements and efforts in conflict prevention by enhancing
corporate responsibility, strengthening the rule of law, training
in conflict prevention, building capacities for, inter alia, political
and economic analyses, early warning systems, negotiation/me-
improving international sanctioning and enfor-
diation skills,
that address
cement mechanisms, developing mechanisms
economic
and strengthening
linkages between regional organisations themselves as well as
with local, national and regional non-State actors and other
members of the international community. Efforts to support
regional and sub-regional organisations in the area of conflict
prevention shall be carefully coordinated by the Community
and its Member States so as to develop joint initiatives and
synergies, including through joint programming where appro-
priate.

conflicts,

factors

that

fuel

Article 6

the

long

term,

The EU shall

1.
the
support, over
enhancement of African peace support operations capabilities,
levels as well as the
at regional, subregional and bilateral
inte-
capacity of the African States to contribute to regional
security and development. Notwithstanding
gration, peace,
such capacity enhancement,
the EU and its Member States
shall continue, on a case-by-case basis, to consider deploying
their own operational means for conflict prevention and crisis
management in Africa, in accordance with the principles of the
Charter of the United Nations and in close cooperation with UN
activities in the region. Such considerations shall
take into
the scope of capabilities developed under the EU
account
including the deployment of
crisis management capabilities,
civilian personnel for longer-term responses to peace-building.

The EU’s support for, and cooperation with, the AU in the
2.
field of conflict prevention, management and resolution shall be
pursued with a view to developing a long-term partnership,
particularly in the framework of the follow-up to the Cairo
Summit.

Article 5

The EU shall seek:

— to support

the mainstreaming of

conflict prevention
perspectives within the framework of Community deve-
lopment and trade policy and its associated country and
regional strategies,

— to introduce, as appropriate, conflict indicators and peace
and conflict impact assessment tools in development and
trade cooperation so as to reduce the risk of aid and
trade fuelling conflict, and to maximise its positive impact
on peace-building,

— to ensure that tangible dividends reach swiftly the popu-

lation as a whole,

2. Member States and the Commission shall exchange infor-
mation on all action taken to support African peace support
operations capabilities with a view to improving coordination
and developing synergies. This information shall be summarised
in the annual review of this Common Position provided for in
Article 14.

3. Member States and the Commission shall give higher
priority to country and regional strategies and risk assessment.
Country strategies can be developed with the use of stan-
dardised indicators and the assistance of expert groups. Risk
assessment and country strategies would benefit from greater
use of
including information from local
experts trained in early warning and risk assessment.

local knowledge,

4. Member States and the Commission shall seek to achieve
improved coordination of bilateral action in support of the AU
the
and African subregional organisations,
the South
Economic Community of West African States,
African Development Community and the Intergovernmental
the Economic Community of
Authority on Development,
Central African States
and Monetary
Community of Central Africa, regarding African peace support
operations capabilities.

and the Economic

in particular

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5. Member States and the Commission shall systematically
invite each other or the Presidency, as appropriate, to participate
in exercises and seminars they organise with a view to rein-
forcing African peacekeeping capabilities.

problems relating to small arms in accordance with Council
Joint Action 2002/589/CFSP of 12 July 2002 on the
European Union's contribution to combating the destabi-
lising accumulation and spread of small arms and light
weapons (1)

6.
Coordination and exchanges on enhancement activities
shall be sought with interested third parties, notably the
United States, Canada, Norway and Japan in particular in the
framework of the political dialogue with these countries.

The EU shall endeavour to improve further its coordi-
7.
nation with the UN, and in particular with the Department of
Peacekeeping Operations,
at
aiming
on
strengthening African peace support operations capabilities.

activities

all

— continue to support the UN Programme of Action on the
Illicit Trade in Small Arms and Light Weapons in All Its
Aspects as well as the negotiations of the Protocol Against
the Illicit Manufacturing and Trafficking in Firearms, their
Parts and Components and Ammunition, supplementing the
UN Convention against Transnational Organised Crime,
adopted by the UN General Assembly on 31 May 2001.

Article 8

1.

The EU shall:

The EU shall analyse how best to coordinate efforts in

8.
areas of training and exercises.

— seek to address economic factors that fuel conflicts,

9.
On an ad hoc basis, the EU shall consider in due course
initiating, where there is value added, capacity enhancement
programmes in its own name, separately or in conjunction
with programmes initiated by individual Member States. Such
action might range from small-scale observer missions from
African organisations during EU peacekeeping exercises
to
more comprehensive training programmes.

Article 7

Member States shall continue to conduct a restrictive policy
with regard to arms exports, fully applying the EU Code of
Conduct on Arms Exports. Recognising that
the availability
and accumulation of arms exceeding legitimate security needs
may be a factor contributing to instability, and that the curbing
of the illicit trafficking in arms is an important contribution to
the easing of
the
Member States and the Commission shall:

tension and the reconciliation processes,

— cooperate in promoting international
and other

for arms
embargoes
relevant decisions by the UN
Security Council and support initiatives to implement such
measures effectively,

respect

— continue to support and actively respect regional initiatives
contributing to the prevention and combating of illicit traf-
ficking in arms,

— cooperate to encourage associated countries to align them-
selves with principles adopted and measures taken by the
EU. The EU shall further consider support for African efforts
to improve controls on arms manufacture,
import and
export, and support for controlling or eliminating surplus
small arms, as well as support for African efforts to tackle

— seek to promote the further integration of Africa into the
world economy, and to support even access to the benefits
and opportunities of this across societies,

— support

economic

and political

such as
regional stabilisation arrangements, to strengthen relations
between parties as a preventive and post-conflict peace-
building measure,

cooperation,

— work to ensure that regional trade integration measures,
within a policy context comprising safety nets for vulnerable
groups, support conflict prevention and resolution.

2.

The EU shall also:

— cooperate in promoting universal respect

for embargoes
related to the illegal exploitation of, and trade in, high
value commodities and for other relevant decisions by the
UN Security Council and support initiatives to implement
such measures effectively,

— actively work towards finding means to suppress illegal
exploitation of natural resources which contributes to the
eruption, escalation and continuation of violent conflicts,

— where

appropriate, use

restrictive measures,

from and exacerbate violent

including
economic and financial sanctions, targeted at actors who
In this
profit
context, there is a need to further reflect on the (positive
or negative) role to be played by the private sector in the
area of conflict prevention and resolution.

conflicts.

(1) OJ L 191, 19.7.2002, p. 1.

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Article 9

Throughout the different phases of the conflict cycle, the EU
shall:

attention to gender-based needs and the needs of children
recruited to take part in military activities,

— evaluate the important role that ‘non State actors’ can play
either fuelling conflict or helping to resolve or prevent it.
Either way, their role and the positive contribution they may
make, needs to be accounted for,

— encourage the application of UN Security Council Reso-
lution 1325 on Women, Peace and Security,
through
ensuring that a gender perspective informs planning, imple-
menting and evaluating the impact of conflict, the needs of
the different actors in conflict and the level and nature of
the
participation
prevention,
management and resolution of conflicts,
including peace
processes and negotiations,

decision-making

in

in

— address the short, medium and long-term impact of armed
conflict on children in an effective and comprehensive
manner, making use of the variety of tools at its disposal,
and building on past and ongoing activities, in accordance
with the UN Security Council Resolutions 1460 and 1539
on Children and Armed Conflict and the EU Guidelines on
Children and Armed Conflict. It shall also try to influence
third country actors (governments as well as non-State
actors including armed groups) to take effective measures
to protect the rights of children affected by armed conflict.

Article 10

To reflect the need to maintain focus on a conflict even after it
has become less acute, and to contribute to a more coherent
and systematic approach to post-war situations in Africa, the EU
shall:

— develop and organise its own capacities in order to support
security sector reform within the framework of democratic
principles, respect for human rights, the rule of law, and
good governance,
in particular in countries in transition
from violent conflict to sustainable peace,

— continue and consolidate its

tackling the
problems of the destabilising accumulation and uncontrolled
spread of small arms,

support

for

— increase its assistance to the removal of existing landmines,
as well as it shall promote mine awareness and encourage
and support
in
demining,

the development of African capacities

— continue to support actions aimed at facilitating the reinte-
gration of uprooted populations in post conflict situations,
the relevant Guiding Principles on
taking into account
Internal Displacement, of
the UN
Secretary General,

the Representative of

— encourage reconciliation and support reconstruction needed
to re launch

to allow countries emerging from conflict
policies for long term development,

— in accordance with the Council Common Position
2003/444/CFSP of 16 June 2003 on the International
Criminal Court (1), reiterate in its political dialogue with its
African counterparts its strong commitment to support the
International Criminal Court and its position regarding the
US proposed non surrender bilateral agreements.

Article 11

The EU shall evaluate possible cooperation at national and
regional
levels in this area suggesting avenues, utilising a
range of instruments, to address the problem of the relationship
between the radicalisation of religious groups and their vulne-
rability to terrorist recruitment,
in a conflict prevention and
peace building perspective. In this context, the EU shall take
account of the Joint Declaration on Terrorism adopted by the
EU Africa Ministerial Conference of Brussels (11 October 2001),
as well as the Joint Declaration on Terrorism adopted by the EU
Africa Ministerial Conference of Ouagadougou (28 November
2002).

Article 12

The EU shall ensure that tackling HIV/AIDS is an integral part
of EU strategies to prevent and mitigate conflict. Dialogue with
the AU on this matter, which shall be based on the principle of
African ownership,
In this context,
assistance to peace support operations shall ensure elements
on awareness and training for prevention of HIV/AIDS,
in
accordance with UN Security Council Resolution 1308, on
HIV/AIDS and International Peacekeeping Operations.

should be intensified.

— enhance its support for the disarmament and sustainable
reintegration of demobilised ex-combatants with particular

(1) OJ L 150, 18.6.2003, p. 67.

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Article 13

Article 16

The Council notes that the Commission intends to direct its
action towards achieving the objectives and priorities of this
Common
pertinent
Position,
Community measures.

appropriate

where

by

This Common Position shall
adoption.

take effect on the day of

its

Article 17

Article 14

This Common Position shall be published in the Official Journal
of the European Union.

On the basis of a report by the Presidency, in association with
the Secretary General/High Representative and the Commission,
this Common Position and the implementation thereof shall be
reviewed annually and amended as appropriate.

Article 15

Common Position 2004/85/CFSP is hereby repealed.

Done at Luxembourg, 12 April 2005.

For the Council
The President

J.-C. JUNCKER