(1)

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

(2)

International law defines the framework for activities undertaken within the context of prevention, management and resolution of conflicts in Africa.

(3)

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

(4)

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.

(5)

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

(6)

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, the Council stressed the complementary character of actions in the framework of CFSP (including through ESDP support), the Peace Facility for Africa, Community instruments and bilateral actions by Member States.

(7)

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.

(8)

Effective conflict prevention requires strategies to create enabling conditions for a stable and more predictable international environment, and comprehensive 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.

(9)

There is a link between conflict prevention and democracy, human rights, the rule of law and good governance, where development cooperation has a strategic role to play in strengthening capacities to manage conflicts in peaceful ways.

(10)

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.

(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.

(13)

On 8 December 2003 the Council adopted Guidelines on Children and Armed Conflict,

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

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crisis management by addressing acute phases of conflicts and supporting efforts to bring the violence to an end, using all possible measures including political and practical 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,

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peace-building by seeking to support initiatives for containing violent conflict and to prepare for, and sustain, peaceful solutions to such conflicts,

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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.

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development of international legal systems, dispute resolution mechanisms, and cooperative arrangements at the regional level, in particular, the establishment of the AU Peace and Security Council in June 2004,

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institution building by increasing the effectiveness of African national security and judicial institutions including for counter-terrorism activities as well as by identifying specific action to assist African countries in implementing their commitments under the existing international instruments in all relevant fields, including the fight against terrorism and illicit trafficking,

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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 of judicial institutions which have an important complementary 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.

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to support the mainstreaming of conflict prevention perspectives within the framework of Community development and trade policy and its associated country and regional strategies,

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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,

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to ensure that tangible dividends reach swiftly the population as a whole,

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to improve the coordination between the efforts of the Community and those of its Member States in this field,

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

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to coordinate its efforts with the international financial institutions.

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cooperate in promoting international respect for arms embargoes and other relevant decisions by the UN Security Council and support initiatives to implement such measures effectively,

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continue to support and actively respect regional initiatives contributing to the prevention and combating of illicit trafficking in arms,

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cooperate to encourage associated countries to align themselves 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 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 destabilising accumulation and spread of small arms and light weapons (2)

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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.

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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,

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

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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.

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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,

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continue and consolidate its support for tackling the problems of the destabilising accumulation and uncontrolled spread of small arms,

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enhance its support for the disarmament and sustainable reintegration of demobilised ex-combatants with particular attention to gender-based needs and the needs of children recruited to take part in military activities,

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

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

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encourage reconciliation and support reconstruction needed to allow countries emerging from conflict to re launch policies for long term development,

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in accordance with the Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court (3), 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.