Assembly/AU/3(XIV)
Annex III
Page 27
viii.
undertaking of fact finding missions in the field by or on behalf of the
PSC;
ix.
inclusion of safeguards to reduce, as much as possible, the negative
impacts on the civilian population of measures taken under a sanctions
regime.
7.
At the expiration of a given period, and if no progress is made towards return
to constitutional order, further steps should be taken, including the possibility of
deployment of a peace enforcement mission.
In this respect, and once
operationalized, the African Standby Force will be able to provide some dissuasion
and put pressure on coup perpetrators.
C. Legal basis for the establishment and operationalization of the PSC Committee
on Sanctions
8.
The decision of the PSC adopted at its 178th meeting held on 13 March 2009
to establish a Committee on Sanctions is in conformity with:
Article 8 (5) of the Protocol: Council may establish subsidiary bodies and
sub-Committees as it deems necessary for the performance of its
functions;
Article 7(g) of the PSC Protocol: Council shall institute sanctions whenever
an unconstitutional change of Government takes places in a Member
State, as provided for in the Lomé Declaration, the Constitutive Act and the
PSC Protocol.
9.
Accordingly, the establishment of a Committee on Sanctions within the PSC
represents a contribution of the PSC to the implementation of decision
Assembly/AU/Dec. 220 (XII) of the 12th Ordinary Session of the AU Assembly, held
from 1 to 3 February 2009, on the resurgence of the scourge of coups d’état in Africa.
In the decision, the Assembly, inter-alia, called on Member States to react firmly and
unequivocally to put an end to the scourge of unconstitutional changes of
government.
D. Establishment of the Committee on Sanctions
a)
Nature
10.
The Committee on Sanctions is a subsidiary standing body of the Peace and
Security Council established pursuant to Articles 7 (g) and 8 (5) of the PSC Protocol
and within the broad framework of relevant AU instruments.
b)
Composition
11.
The Committee shall consist of five members of the PSC, appointed on the
basis of regional representation.