Draft Agreed At the ECOWAS Committee of Experts Meeting ... - DCAF

DRAFT CODE OF CONDUCT FOR THE ARMED FORCES AND SECURITY SERVICES IN WEST AFRICA
Preamble
Determined to overcome the legacy of conflicts, military rule, difficult and ineffective
interactions between civilians and the Armed Forces and Security Services in our subregion;
Aware of the need to promote sound democratic civil military relations, effective
governance of the Armed Forces and Security Services, ensure the security and safety of
people and property, safeguard peace and stability, as well as establish common standards
in the behaviour of the Armed Forces and Security Services;
Reaffirming our commitment to the principles of democracy, and Human Rights as defined
in the United Nations Charter, the 1948 Universal Declaration of Human Rights, and the
1981 African Charter of Human and People’s Rights;
Considering the Constitutive Act of the African Union and other stipulations of
international Law;
Considering the guiding principles of ECOWAS;
Considering the 2001 Protocol on Democracy and Good Governance, particularly the
Constitutional convergence principles as contained in Article 1 of the Protocol;
Considering the 1979 ECOWAS Protocol Relating to the Free Movement of Persons,
Residence, and Establishment;
Considering the 1999 ECOWAS Protocol Relating to the Mechanism for Conflict Prevention,
Management, Resolution, Peacekeeping and Security;
This Code of Conduct for Armed Forces and Security Services of ECOWAS Member States is
hereby adopted:
Definition:
Armed Forces and Security Services
In this Code of Conduct, “Armed Forces and Security services” refer to all those who, on
behalf of the State, have a defence or security role. The “Armed Forces” include the
Army, Air Force, Navy, and Gendarmerie; “Security Forces” the Police, Gendarmerie,
National Guards and other Forces assigned with security.
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo

CHAPTER I
GENERAL PRINCIPLES
Principle 1
The Armed Forces and Security Services are the cradle of national unity and cohesion.
Therefore, personnel recruitment and management shall be conducted without
discrimination as to race, gender, ethnic, regional or religious affiliation.
Principle 2
The Armed Forces and Security Services shall be at the disposal of the constitutionally
established political authority and are subordinated to the constitutionally democratically
elected authorities. Political authorities and groups shall refrain from undue interference
or to extend partisan politics to the operations of the Armed Forces and Security Services.
Personnel of the Armed Forces and Security Services shall observe strict neutrality in
partisan political matters;
Principle 3
The Armed Forces and Security Services are at the service of the nation and the people.
Their mission shall be to guarantee, if necessary by force of arms, defence of the Nation
and the territorial integrity of the state, ensure the protection of citizens and property as
well as maintain peace and security in the ECOWAS sub-region.
Principle 4
In the conduct of defence and security affairs, the behaviour of armed and security
personnel shall duly uphold international humanitarian law, human rights and pertinent
national laws and show due regard to property and the physical integrity and psychological
well-being of persons.
Principle 5
In situations of armed conflict, all armed groups and individuals are subject to Human
Rights, International Humanitarian Law and pertinent national laws.
CHAPTER II
ARMED FORCES AND SECURITY SERVICES, HUMAN RIGHTS AND INTERNATIONAL
HUMANITARIAN LAW
Article 1
In addition to their professional training, Armed Forces and Security Services personnel,
shall each be given the education in constitutional law, human rights, international
humanitarian law, and peacekeeping appropriate to their rank in order to build and
enhance their capacity to meet rapidly changing challenges and threats.
Article 2
Civilian political or administrative authority, personnel of Armed Forces and Security
Services and their commanders, shall be held individually responsible for instructions,
orders and/or actions and omissions in violation of human, rights international
humanitarian Law, and relevant domestic laws.
Article 3
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo

In the exercise of their duties, armed and security personnel shall provide adequate
protection, refuge and assistance to all persons in need. They shall ensure that internally
displaced persons, refugees, non-nationals, stateless persons, minorities, women, children,
the elderly, and people with disabilities are not discriminated against. No one shall
discriminate on the basis of race, identity, religion, political beliefs, status or condition.
Article 4
During exceptional circumstances, such as state of emergency, state of siege as defined by
the Constitution and the ECOWAS Mediation and Security Council, Armed Forces and
Security Services shall conform to their own national law and international humanitarian
law as well as accepted international customary norms. At all times Armed Forces and
Security Services personnel should be aware of and respect basic fundamental human
rights.
Article 5
Personnel of Armed Forces and Security Services shall refrain in all circumstances from the
following acts: murder, torture, corporal punishment, rape, mutilation, cruel, inhumane,
and degrading treatment, hostage taking, collective punishment, and any other act,
including intimidation and threats, aimed at impairing the physical and psychological wellbeing
of the individual.
Article 6
In enforcing domestic law and order, Armed Forces and Security Services shall use firearms
as a last resort with maximum restraint, and respect the principle of minimum force, even
in situations of self-defence. After the use of firearms and in the event of injuries, the
personnel of Armed Forces and Security Services shall assist the wounded without
discrimination. The families of the victims shall be informed. A public enquiry shall be
opened, and a report issued.
CHAPTER III
REGULATORY FRAMEWORK GOVERNING CIVIL-MILITARY RELATIONS
Article 7
The national political authority shall ensure that adequate financial resources and logistics
are made available to Armed Forces and Security Services to enable them carry out their
missions successfully.
Article 8
Every person has the right and the duty to denounce and to resist any abuse of his/her
constitutional and legal rights. Such acts should not be deemed contravening to the law.
Competent national jurisdictions should be available to review complaints by any person
regarding violations of his/her human rights or property rights.
Article 9
The personnel of Armed Forces and Security Services shall be disciplined and loyal to the
State at all times and owe loyalty and obedience to the democratically elected
constitutional authorities. The lawful command of such authorities shall be executed.
Article 10
In executing the missions assigned to them, the Armed Forces and Security Services are
required to uphold operational confidentiality except where exemption is granted by the
appropriate authority. This provision shall not be construed as derogative of any articles in
this Code.
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo

Article 11
In exercising their functions, the personnel of Armed Forces and Security Services shall
enjoy, within the limits of national law, their fundamental rights and freedoms as
stipulated by the Constitution.
Article 12
In the exercise of command, no order which contravenes international humanitarian law,
human rights, pertinent national laws or ECOWAS democracy and good governance
principles shall be given to, or obeyed by armed and security personnel.
Article 13
The civilian political and administrative authority shall ensure that the military operations
it orders, including operations to maintain domestic law and order and, shall be executed
in conformity with the relevant provisions of international humanitarian law, human rights,
national laws, the ECOWAS Protocol on Democracy and Good Governance and this Code of
Conduct.
Article 14
Under no circumstance shall the civilian political and administrative authority resort to
Armed Forces and Security Services to restrict the peaceful, legitimate and legal exercise
of the individual and collective rights of the citizens as guaranteed by the Constitution.
Article 15
The democratic control of the Armed Forces and Security Services by State institutions
(executive, judiciary and parliament) as well as ECOWAS institutions (executive,
secretariat, parliament and court) shall be exercised with transparency and accountability,
particularly in the process of security and defence planning, budgeting, and procurement.
Article 16
Armed Forces and Security Services are to respect individual human dignity and protect the
rights and security of the civilian population, including the physical integrity of the
individuals as well as the security of their property.
Article 17
The high command of the Armed Forces and Security Services shall ensure that relations
between their personnel and the civilian population are harmonious and based on mutual
trust. In this regard, the armed and security forces shall, in collaboration with the national
government, ECOWAS authorities, civil society, including non-governmental organisations
and the media, endeavour to inform and educate the public on their unclassified
programmes and operations.
Article 18
In their relationships with the civilian population, the personnel of Armed Forces and
security Services shall avoid any act or behaviour that may bring their institutions into
disrepute.
Article 19
The Armed Forces and Security Services shall contribute, as appropriate, to the economic
and social development of their country.
Article 20
Civilian, political and administrative authority, Armed Forces and Security Services
personnel, civil society, including non-governmental organisations and the media, shall
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo

engage in regular interactions at different levels through public fora to promote cordial
relationships, enhance mutual respect and confidence between the civilian population and
the Armed Forces and Security Services.
Article 21
Armed Forces and security personnel shall ensure the implementation of the ECOWAS
protocol regulating the free movement of persons, residence, and establishment. Armed
Forces and Security Services should integrate and harmonise control measures at borders;
the physical integrity of individuals and their personal possessions are to be respected and
protected.
Article 22
Armed Forces and Security Services shall support humanitarian assistance operations at the
national or international levels. In the execution of this mission, they shall cooperate, as
appropriate, with humanitarian organisations.
Article 23
When Armed Forces and Security Services personnel are to form part of multinational
operations in other countries, they shall undergo appropriate training and sensitization on
cultural differences to guide their conduct.
CHAPTER IV
RELATIONS BETWEEN THE ARMED FORCES AND THE SECURITY SERVICES
Article 24
In the execution of their duties, Armed Forces and Security Services shall co-operate in the
context of their respective and complementary responsibilities. They shall maintain
permanent and harmonious relationships in times of peace (through joint seminars,
exercises etc), as well as during crises, social upheavals, or armed conflicts.
Article 25
In peacetime, the maintenance of law and order is the responsibility of the Police,
Gendarmerie and National Guard where they exist.
Article 26
In times of crisis or social upheavals, the protection of life and property shall be the
primary responsibility of the Police--and the Gendarmerie, where it exists. In exceptional
circumstances, and at the request of the political authority, the Armed Forces may
intervene, as a last resort, in accordance with the national Constitution.
Article 27
In times of armed conflict, the political authority shall define the rules of engagement for
the Security Services as well as the scope of their involvement in the defence of national
security alongside the Armed Forces.
Article 28
Consistent with national laws, relevant international instruments, and as directed by the
political authority, Armed Forces, alongside the Security Services, may be involved in
combating criminal activities, such as illicit trade and proliferation of arms, terrorism,
drug trafficking, other organised crime, violence against women and children, and any
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo

form of illicit trafficking. These missions may be carried out through joint operations,
patrols, and the monitoring of politically sensitive areas.
Article 29
Necessary measures shall be taken to introduce or strengthen at all levels liaison systems,
both within and between states, and among the various Armed Forces and Security
Services.
CHAPTER V
IMPLEMENTATION
Article 30
The present Code of Conduct shall be translated into the working languages of ECOWAS,
integrated in the training and educational programmes, and taught to the Armed Forces
and Security Services at all levels of all Member States of ECOWAS.
The Code of Conduct shall be widely disseminated through national sensitisation campaigns
using appropriate media (state institutions, NGOs) within the respective territories of
these States in the national and, if necessary, local languages.
Article 31
The status of implementation of this Code of Conduct shall form part of the agenda of
relevant ECOWAS organs, in particular the Defence and Security Commission.
Oversight of the implementation of the Code of Conduct shall rest with ECOWAS. Each
Member State shall appoint a National Independent Ombudsman to monitor its
implementation and to take appropriate measures following any violations of this Code of
Conduct.
Article 32
Recognising the importance of this Code of Conduct and its potential in promoting peace,
security, stability, and the well-being of West African Nations, bi-annual meetings shall be
convened to assess its implementation at the local, national and sub-regional levels.
Participants shall include experts, the representatives of governments, Armed Forces and
Security Services, and civil society, including non-governmental organisations, the media
and other relevant stakeholders. The said bi-annual meetings will consider reports to be
submitted by each ECOWAS member-state on the implementation of the Code.
Article 33
This code of conduct shall be implemented with an eye toward its codification.
Draft Agreed At the ECOWAS Committee of Experts Meeting, 19-20 April, 2006, Lome, Togo