Review of the African Union's Legal Provisions to Combat Mercenary Activities

NATIONAL ASSEMBLY

FOR ORAL REPLY

QUESTION NO 74

QUESTION TIME: WEDNESDAY, 8 SEPTEMBER 2004

MS R TALJAARD (DA) TO ASK THE MINISTER OF FOREIGN AFFAIRS:

(1) Whether the South African Government, as Chair of the African Union's Peace and Security Council, will institute a review of the AU's existing or subsequent legal provisions to combat mercenary activity, including but not limited to, resuscitating the OAU Convention against Mercenarism; if not, why not; if so, what are the relevant details;

(2) Whether she will make a statement on the matter? N781E

REPLY:

(1) & (2)

No. Kindly note that South Africa only chaired the African Union Peace and Security Council during the month of July 2004. This responsibility was taken over from Nigeria and transferred to Togo during the July period.

At the last Summit, a decision was taken by the Executive Council and Assembly (ASS/AU/Dec.36 and EX.CL/Dec.145), that reads as follows:

Quote:

DECISION ON EQUATORIAL GUINEA
DOC.EX.CL/106 (V)

The Executive Council:

1. COMMENDS the States of the Region and other Member States for their collaboration which made it possible to foil the destabilization attempt planned by mercenaries and ENCOURAGES them to preserve this co-operation;

2. REQUESTS the authorities of Equatorial Guinea to ensure the organization of a fair trial for the arrested mercenaries based on the scrupulous respect of the right of defence and of relevant international instruments;

3. REQUESTS the Chairperson of the Commission to take the necessary steps to find a global solution to the phenomenon of mercenary activities on the Continent through the harmonization of existing legislation and measures within the context of a review of the OAU Conventions on the elimination of mercenarism in Africa;

4. ENCOURAGES the authorities of Equatorial Guinea to promote political dialogue with the opposition on a permanent basis and REQUESTS the Chairperson of the Commission to provide the support needed to this effect

Unquote

The Chairperson of the Commission was further requested to take the necessary steps to find a global solution to the phenomenon of mercenary activities on the Continent through the harmonisation of existing legislation and measures within the context of a review of the OAU Convention on the elimination of Mercenarism in Africa.

No further statement beyond what the African Union has decided will be made.