2018 report implementing ihl in west africa€¦ · the presentation of the newly launched icrc...

IMPLEMENTING IHL IN WEST AFRICA

REPO

RT

PARTICIPATION OF WEST AFRICAN COUNTRIESIN INTERNATIONAL HUMANITARIAN LAW TREATIES AND THEIR NATIONAL IMPLEMENTATION

2018 REPORT

IMPLEMENTING IHL IN WEST AFRICAPARTICIPATION OF WEST AFRICAN COUNTRIESIN INTERNATIONAL HUMANITARIAN LAW TREATIES AND THEIR NATIONAL IMPLEMENTATION

2018 REPORT

IMPLEMENTING IHL IN WEST AFRICA 3

TABLE OF CONTENTSBackground of the ECOWAS-ICRC Collaboration 4

Objective of the Meeting 5

Format of the Meeting and Validation Process of the ECOWAS IHL Plan of Action (2019-2023) 5

Opening Session 6

Update and Status of Ratification and Domestication of IHL Treaties 7

Comparative Table 1: Implementation of 2018 National IHL Priorities set during the 14th Annual Review

Meeting on the Implementation of IHL 9

Comparative Table 2: National IHL priorities set for 2019 12

ECOWAS IHL PLAN OF ACTION (2019-2023) VALIDATION PROCESS 14

1. Introduction of the Plan of Action, IHL treaties 14

2. National IHL Committees 14

Comparative Table 3: National IHL Committees in West Africa 16

3. Migrants and Internally Displaced Persons (IDPs) 17

Comparative Table 4: National legislation implementing the Kampala Convention in West Africa 20

4. Protection of Children in Armed Conflict 20

Comparative Table 5: National legislation on the protection of children in armed conflict

in West Africa 23

5. Sexual Violence in Armed Conflict 24

Comparative Table 6 : National measures combatting sexual violence in armed conflits in West Africa 27

6. Protection of Health Care and the Emblem 29

Comparative Table 7: National Legislation on the protection of the Emblem in West Africa 31

7. IHL and Counter-Terrorism 32

8. Use of Force in Law Enforcement 33

Comparative Table 8: Dissemination and Integration of IHRL and Humanitarian Principles

in Police and Security Forces in West Africa 36

9. Arms Control 37

Comparative Table 9: Arms Control in West Africa 39

10. Penal Repression of IHL Violations 42

Comparative Table 10: Penal repression of IHL violations in West Africa 44

11. Dissemination of IHL Knowledge 48

Comparative Table 11: National measures on IHL integration in Armed Forces and Dissemination

and Integration of IHRL and Humanitarian Principles in Military Forces in West Africa 50

Comparative Table 12: IHL Integration in Academics in West Africa 54

Presentation of study: The Roots of Restraint in War 55

Final Validation of the Plan of Action and Closing Remarks 56

ANNEX I: ECOWAS IHL Plan of Action 2019-2023 57

Annex II: IHL Treaty Ratifications 71

Annex III: Review Meeting Concept Note 75

Annex IV: IHL Meeting Agenda 77

Annex V: List of Member State Participants 81

Annex VI Invitees and Participants 83

IMPLEMENTING IHL IN WEST AFRICA4

ECOWAS-ICRC REPORT OF THE15TH ANNUAL REVIEW MEETING ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN WEST AFRICA30 OCTOBER-2 NOVEMBER 2018, ECOWAS PARLIAMENT, ABUJA, NIGERIA

BACKGROUND OF THE ECOWAS-ICRC COLLABORATION

This report is a joint report by the International Committee of the Red Cross (ICRC) and the Economic

Community of West African States (ECOWAS) Commission. The ICRC and the ECOWAS Commission have

worked together on implementation of International Humanitarian Law (IHL) for almost two decades,

and have seen significant progress during this time. The Memorandum of Understanding (MoU) between

the ICRC and the ECOWAS Commission was signed in February, 2001, and defined three major operational

axes, including: convening conferences and other meetings; undertaking joint activities to achieve

common goals; and providing technical cooperation, such as technical studies on topics of mutual concern.1

At the center of this partnership is the ECOWAS-ICRC Annual Review Meeting on the Implementation of

IHL in West Africa, which took place for the fifteenth time from October to November 2018. The objective of

these annual meetings is to promote key IHL treaties, and provide technical support for their implementation

within ECOWAS Member States. It also serves as a platform for participants and experts from ECOWAS

Member States to network and exchange views and experiences on contemporary IHL issues of concern, and

humanitarian challenges in the region.

Over the years, citizens of ECOWAS Member States have experienced more of the humanitarian consequences

resulting from increases in armed conflict and other situations of violence in the region, and governments

have experienced first-hand the need to ensure better protection of victims of armed conflicts and affected

populations. In this regard, IHL related treaties, as well as customary IHL, impose obligations on parties to an

armed conflict (including both State and non-State actors), to limit the effects of armed conflict on persons

who are not, or who are no longer taking part in hostilities, and to restrict the means and methods of warfare.

Ratification of IHL treaties remains only the first step, and must be followed by additional measures aimed

at ensuring full implementation and compliance with these treaty obligations. Member States must take

practical steps towards the domestication and implementation of these treaties, including through the

adoption of national implementing legislation.

In addition to working with the ECOWAS Commission, the ICRC also works closely with ECOWAS MS at

the national level, to provide technical support in domesticating, integrating and disseminating IHL. This

1 Another MoU was signed between the ECOWAS Parliament and the ICRC in 2010, which invites the ICRC to attend the Parliamentary sessions as an observer. The ICRC has been doing so since 2011, and has sought to grow this relationship with the Parliament, by giving an IHL presentation to the plenary in December, 2018.


stream of work is complemented by the ICRC’s operational activities, including in the area of assistance and

protection.

The ECOWAS-ICRC 15th Annual Review Meeting on the Implementation of IHL in West Africa was held

from 30 October-2 November 2018 at the ECOWAS Parliament, with participation by representatives from

14 of the 15 ECOWAS MS2, the ICRC, and the ECOWAS Commission. The meeting allowed participants the

opportunity to report on their success and challenges implementing their selected IHL priorities for 2018,

and identify IHL priorities for 2019. The meeting concluded with validation a new IHL plan of action for the

region. The validated ECOWAS IHL Plan of Action (2019-2023) will serve as a practical tool for MS in their

implementation efforts, facilitating activities and reporting.

OBJECTIVE OF THE MEETING

The core objective of the Annual IHL Review Meetings is to contribute to ensuring respect for IHL and other

relevant bodies of law, and promote their integration in domestic legislation and practical measures adopted

by MS.

To support this objective, during the 14th Annual Review Meeting held from 31 October to 3 November 2018,

MS decided to formally extend the ECOWAS Plan of Action on Implementation of IHL in West Africa (2009-

2014) until the end of 2018, when a new plan of action would be reviewed and validated at the 15th Annual

Review Meeting.

In light of this decision, the main objective of the 15th Annual IHL Review Meeting was to review and validate

the new ECOWAS IHL Plan of Action (2019-2023), hereinafter the POA. The validation process did not affect

the core objective of the meeting, as it remained centered on MS experts sharing their experiences with the

varying IHL thematics contained in the POA.

Specific objectives also included: 1) building capacity for the implementation of the IHL POA at the national

level; 2) encouraging discussions on best practices and avenues for bilateral support between MS; 3) updating

participant’s knowledge and access to available assistance from ECOWAS, the ICRC, and other organizations;

and 4) taking stock of progress towards the implementation of IHL-related treaties by ECOWAS MS in the

past year, based on IHL Country Priorities identified for 2018.

The objectives of the meeting were met. In particular, the ECOWAS IHL POA (2019-2023) was validated,

and the MS took advantage of this meeting to engage directly with one another on specific challenges and

successes related to IHL implementation. The level of the discussions and engagement was facilitated by MS

experts chairing and contributing to each session supported by an ECOWAS or ICRC technical expert.

FORMAT OF THE MEETING AND VALIDATION PROCESS OF THE ECOWAS IHL PLAN OF ACTION (2019-2023)

The format of the 15th Annual IHL Review Meeting was different from the format of previous meetings as it

focused on the validation of the new ECOWAS IHL POA (2019-2023)3.

As in previous meetings, MS had the opportunity to present their respective achievements and challenges in

implementing national IHL priorities during 2018, and present their priorities for 2019. The first session was

dedicated to this exercise, and MS were encouraged to consider integrating aspects of the ECOWAS IHL POA

into their national priorities in the years to come.

2 The representative from Cape Verde was unable to attend due to a combination of scheduling conflicts and logistical issues.

3 Annex I


The next sessions focused on the review and validation of the POA. It is worth noting that prior to the meeting,

the ECOWAS Commission with the support of the ICRC compiled an initial draft POA that was submitted to all

MS in June, 2018, for comments and inputs. Verbal affirmations of the draft were communicated by Nigeria,

Liberia, and Sierra Leone to the relevant ICRC focal points, while written contributions from Mali, Niger,

Burkina Faso, and Ghana were sent to ECOWAS prior to the meeting. Benin submitted its written comments

to ECOWAS and the ICRC on the first day of the meeting. All MS represented at the meeting participated in

the revision and validation process.

The validation process was spread over four days, with the ten IHL thematics from the POA discussed in

depth in separate sessions. The thematics covered were: migrants and internally displaced persons (IDPs),

children, sexual violence, counter-terrorism, use of force in law enforcement, protection of healthcare and

the emblem, penal repression of IHL violations, arms control, national IHL committees, and dissemination

of IHL.

Each thematic session was chaired by a MS expert, who opened the discussion with an overview of their

country’s experience with the thematic. Other MS were then given the opportunity to ask questions, or share

their experiences. An ECOWAS or ICRC technical expert was also available to provide additional information

on the thematic, and on relevant tools to support the implementation of the relevant POA section. Following

the discussion of each section, the MS would vote on whether to validate the section, or refer it for further

review. The full agenda can be found in Annex IV.

On the final day of the meeting, the diplomatic corps, and other international organisations, were invited to

the presentation of the newly launched ICRC report “The Roots of Restraint in War”4, and to the validation

vote of the entire ECOWAS IHL Plan of Action (2019-2023) by the MS. The MS voted unanimously for

validation, and the ECOWAS report confirming the validation was signed by the meeting chair, the MS expert

from Nigeria.

OPENING SESSION

Amb. Babatunde Nurudeen, the Ambassador of Nigeria to ECOWAS began his welcome remarks by stressing

the importance of the revision and validation of a new ECOWAS IHL POA to limiting the harmful effects of

armed conflict in the region. He addressed the strong collaboration of ICRC and ECOWAS, lauding it as an

important relationship which has worked to implement laws protecting the victims of violent conflict. He

stressed the importance of the work participants would be doing over the next few days, and also encouraged

Group picture- 15th ECOWAS-ICRC Annual Review Meeting

4 The Roots of Restraint in War, ICRC, 2018, https://shop.icrc.org/the-roots-of-restraint-in-war.html?___store=fr


all participants to seize the opportunity to exchange ideas and challenges they faced in their individual

contexts. Amb. Nudureen closed by asking the MS to ensure the new ECOWAS IHL POA would serve as a

strong guide to the implementation efforts of MS.

Dr. Siga Fatima Jagne, the Commissioner of the ECOWAS Department of Social Affairs and Gender, thanked

all the MS experts for accepting the invitation, and called their attention to the long history of the meeting.

The meeting was presented as the cornerstone of work of ECOWAS and the ICRC, promoting IHL and its

implementation at the national levels. She described IHL as the rule of law in armed conflicts, and directed

attention to the catastrophic humanitarian impact of armed conflicts in West Africa. Appropriate laws and

dissemination were necessary to ensure the respect for IHL and promote a culture of peace. She called on MS

to work on providing a regional guide to implementing the necessary law. The new POA to be reviewed by

MS looked at specific IHL thematics of concern in the region, and upon validation, it would be passed to the

Authority of Heads of State for adoption. The POA would then provide a basis for MS planning and budgeting

of IHL implementation activities and strategies, using the indicators as a guide to reporting. The POA would

also provide political and legal accountability for all ECOWAS Member States. The commissioner closed with

a condolence message to the ICRC for the loss of their two colleagues in North-East Nigeria. One minute of

silence was observed.

Eloi Fillion, ICRC Head of Delegation in Nigeria, commended the engagement of the MS in the implementation

of IHL, and thanked the MS experts for their attendance. The caliber of participants demonstrated the strong

priority of IHL to the region. He requested that the experts review the POA very carefully to ensure each

point provided strong protections for the victims of armed conflict. He closed his statement by reiterating

the ICRC’s dedication to the partnership with ECOWAS, and the continuous availability of ICRC to provide

assistance to MS in their IHL implementation drives.

The representative of the Nigerian Minister of Justice, Mrs. Antoinette Oche-Obe, welcomed all the

participants, and thanked ECOWAS for hosting the meeting. Looking to the POA to be reviewed by MS, she

stated that it set out strategies for IHL implementation in the region, which would increase respect for rule

of law in armed conflict. She then thanked the ICRC for its ongoing support for IHL implementation efforts

in the region, and assured the ICRC that it would continue to be looked to for support. She thanked the ICRC

and ECOWAS for organizing the annual meeting, which was the only opportunity for all MS to compare notes

on the status of IHL implementation at the national levels. She encouraged the MS to take full advantage of

the possibilities to network as they pushed forward with the validation of the POA. The meeting was then

declared open.

UPDATE AND STATUS OF RATIFICATION AND DOMESTICATION OF IHL TREATIES

During the first session, each MS was asked to proceed to the annual review of their IHL implementation

measures by presenting any successes in IHL implementation between 2017 and 2018, and to set out their

2019 IHL priorities.

Before they began, the ECOWAS Commission Programme Officer, Olatunde Olayemi invited MS to conduct

an informal survey of the region’s IHL implementation, with each MS scoring themselves on their level of

IHL implementation. The average of the 14 MS was a score of 68.9% on IHL implementation. The exercise

was not designed to be scientific, and was focused more on the experts’ perception of the state of IHL

implementation in their respective contexts. The score was not too high, and demonstrated a combined

awareness of the need to do more on IHL implementation.

A theme that ran through the presentations and discussions during this section was related to the functioning

of national IHL committees (NIHLC), which should hold the responsibility for coordinating and supporting

IHL implementation. Many MS with NIHLCs spoke of being confronted by a lack of resources to perform the

necessary activities. M. Olayemi, encouraged MS to think about different ways to acquire resources.


Liberia stated that it proved critical, to the functioning of its NIHLC, to have a permanent secretariat to which

State budget and external funds could be allocated. Otherwise, as NIHLC are composed of various ministries,

even if State budget or external funds were allocated to the NIHLC via ministries, it was less likely that the

required resources would directly benefit the activities of the committee. Liberia also suggested all NIHLC

explore possibilities of joint projects with small arms and light weapons committees (SALWC), who may

benefit from different sources of funding. Other examples, such as the Inter-ministerial Human Rights and

IHL Committee (CIMDH) of Burkina Faso were given as way to maximize limited resources in that context.

On the setting out of the 2019 national IHL priorities, the ICRC Regional Legal Adviser, Myriam Raymond-

Jette, reminded MS to work to align their priorities with the draft ECOWAS IHL POA previously submitted, as,

once validated, it would be their primary guide on IHL implementation over the next 4 years.

This annual review exercise is not only meant to take stock of progress at national levels, but also to foster

peer-to-peer comparison on IHL-related achievements, obstacles and priorities among MS and vis-à-vis

the ECOWAS Commission. Comparative Tables 1 and 2 below compare MS recent accomplishments and

outstanding priorities of 2018 as well as national IHL priorities set for 2019. These comparative tables contain

information provided by MS, and are up to date as of MS reporting in November 2018. All further comparative

tables on legislation in MS is compiled from reports by MS, and information available to the ICRC from MS.

The tables are not an exhaustive list, and legislation might have been enacted without being included in the

MS reports. MS are requested to report any updates to the tables to the ECOWAS Commission and the ICRC.


COMPARATIVE TABLE 1: IMPLEMENTATION OF 2018 NATIONAL IHL PRIORITIES SET DURING THE 14TH ANNUAL REVIEW MEETING ON THE IMPLEMENTATION OF IHL

2018

ACC

OMPL

ISHM

ENTS

Beni

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mbi

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2018 Accomplishments

1. 5

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018

acce

ssio

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th

e Se

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Pro

toco

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the

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of

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he P

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perty

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IHL

trai

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of 2

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s fo

r Bur

kina

be s

ecur

ity

forc

es.

3. N

ew p

enal

cod

e ta

kes

viol

atio

ns o

f the

Gen

eva

Conv

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ns in

to

acco

unt5 .

1. R

eact

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ion

of th

e in

ter-

min

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natio

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HL

com

mitt

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Oc

tobe

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8.

1. I

HL c

apac

ity

build

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sess

ion

for

lega

l aud

itors

.

Libe

ria

Mal

iNi

ger

Nige

riaSe

nega

lSi

erra

Leo

neTo

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2018 Accomplishments

1. D

evel

opm

ent a

nd

valid

atio

n of

the

term

s of

refe

renc

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the

DIH

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king

gro

up w

ithin

th

e CN

DH. D

esig

natio

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mem

bers

of t

he IH

L w

orki

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roup

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Int

egra

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of th

e te

achi

ng o

f IHL

(30

hour

s)

into

the

initi

al tr

aini

ng o

f le

gal a

udito

rs.

1. C

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lsor

y Tr

eatm

ent a

nd

Care

for V

ictim

s of

Gu

nsho

t Act

(201

7)

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pass

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ut h

as

not b

een

gaze

tte.

1. I

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1. R

atifi

catio

n of

th

e pr

otoc

ols

to

the

Conv

entio

n on

Cer

tain

Co

nven

tiona

l W

eapo

ns (C

CW)

(pro

cess

is

ongo

ing)

.

1. U

pdat

e/re

read

th

e tra

inin

g do

cum

ents

for

the

arm

y (m

anua

l on

pro

tect

ion

of

child

ren

in a

rmed

co

nflic

t is

in

deve

lopm

ent).

1. I

mpl

emen

tatio

n of

th

e CC

W.

2. R

atifi

catio

n of

the

1976

Con

vent

ion

proh

ibiti

ng

Envi

ronm

enta

l M

odifi

catio

n Te

chni

ques

(E

NMOD

).3.

Rat

ifica

tion

of C

CW

Prot

ocol

s I,

III, I

V,

and

II am

ende

d,

and

Artic

le 1

am

ende

d.

1. P

rote

ctio

n of

the

Embl

ems.

1. U

nder

taki

ng a

com

preh

ensi

ve

audi

t of t

reat

ies

in th

e ar

ea o

f IH

L w

hich

hav

e ei

ther

not

bee

n si

gned

or h

ave

been

sig

ned

but

are

not y

et ra

tified

to a

scer

tain

for

appr

opria

te a

ctio

n.2.

Tra

inin

g of

the

mem

bers

of t

he

NIHL

C on

the

outs

tand

ing

treat

ies

that

requ

ire ra

tifica

tion,

and

in

the

prep

arat

ion

of a

Cab

inet

m

emor

andu

m.

3. S

uppo

rting

Min

istri

es re

spon

sibl

e fo

r the

se tr

eatie

s to

ens

ure

a su

cces

sful

ratifi

catio

n pr

oces

s.4.

Aw

aren

ess-

rais

ing

for m

embe

rs

of th

e m

edia

, civ

il so

ciet

y an

d pa

rliam

enta

rians

in o

rder

to

secu

re th

eir s

uppo

rt an

d th

e su

ppor

t of t

he p

opul

atio

n in

ge

nera

l for

the

ratifi

catio

n pr

oces

s.

1. R

atifi

catio

n of

the

Kam

pala

Co

nven

tion

(to b

e co

nsid

ered

by

natio

nal a

ssem

bly

in 2

019)

.2.

Con

tinua

tion

of th

e po

pula

rizat

ion

of th

e Pe

nal

Code

and

the

Code

of C

rimin

al

Proc

edur

e on

asp

ects

rela

ting

to th

e re

pres

sion

of v

iola

tions

of

IHL.

3. S

ettin

g up

a N

atio

nal I

HL

Com

mitt

ee.


Libe

ria

Mal

iNi

ger

Nige

riaSe

nega

lSi

erra

Leo

neTo

go

Remaining 2018 priorities

1. D

omes

ticat

ion

of th

e Ka

mpa

la C

onve

ntio

n2.

Dom

estic

atio

n of

the

Gene

va C

onve

ntio

ns

and

Addi

tiona

l Pr

otoc

ols

3.

Rat

ifica

tion

of th

e Cl

uste

r Mun

ition

s Co

nven

tion

4. I

nteg

ratio

n of

IHL

in

the

Natio

nal P

olic

e an

d Im

mig

ratio

n Se

rvic

e ut

ilizin

g th

e Ar

my’s

in

tegr

atio

n m

odel

5.

Pro

mot

ion

of s

truct

ured

co

llabo

ratio

n an

d co

oper

atio

n am

ongs

t M

embe

r Sta

tes

of th

e M

ano

Rive

r Uni

on (C

ôte

d’Iv

oire

, Gui

nea,

Sie

rra

Leon

e an

d Li

beria

) fo

r Im

plem

entin

g an

d Do

mes

ticat

ing

IHL

with

in th

e re

gion

6. R

esum

ing

the

dom

estic

atio

n pr

oces

s of

the

ATT

incl

udin

g dr

aftin

g of

a p

ropo

sed

natio

nal a

rms

trans

fer

law

1. R

esum

ing

the

rew

orki

ng o

f the

Cr

imin

al C

ode

and

the

Crim

inal

Pro

cedu

re

Code

to in

tegr

ate

a co

mpl

ete

repr

essi

on

of w

ar c

rimes

, in

clud

ing

thos

e co

mm

itted

dur

ing

non-

inte

rnat

iona

l ar

med

con

flict

s an

d ot

her v

iola

tions

of

IHL

as w

ell a

s ot

her

gene

ral p

rinci

ples

of

inte

rnat

iona

l crim

inal

la

w s

uch

as th

e cr

imin

al re

spon

sibi

lity

of s

uper

iors

, uni

vers

al

juris

dict

ion

2. O

pera

tiona

lisat

ion

of th

e IH

L w

orki

ng

grou

p cr

eate

d in

the

Natio

nal H

uman

Rig

hts

Com

mis

sion

1. C

reat

ion

of a

Nat

iona

l IH

L Co

mm

issi

on2.

Har

mon

izatio

n of

th

e Cr

imin

al C

ode

prov

isio

ns re

latin

g to

IH

L vi

olat

ions

with

IHL

inst

rum

ents

(ong

oing

)

1. D

omes

ticat

ion

of th

e bi

ll on

the

Gene

va C

onve

ntio

ns

and

the

Addi

tiona

l Pr

otoc

ols

(wai

ting

to

be s

ubm

itted

to th

e Fe

dera

l Exe

cutiv

e Co

unci

l for

app

rova

l)2.

Dom

estic

atio

n of

th

e Ro

me

Stat

ute

Bill

(pub

lic h

earin

g at

nat

iona

l ass

embl

y oc

curre

d, a

nd w

aitin

g fo

r a v

ote

on p

assa

ge)

1. A

dvoc

acy

for t

he

dom

estic

atio

n of

the

Kam

pala

Con

vent

ion

in a

idin

g a

sust

aina

ble

fram

ewor

k fo

r the

pr

otec

tion

of ID

Ps


COM

PARA

TIVE

TAB

LE 2

: NA

TION

AL IH

L PR

IORI

TIES

SET

FOR

201

9

Beni

nBu

rkin

a Fa

soCô

te d

’Ivoi

reTh

e Ga

mbi

aGh

ana

Guin

eaGu

inea

-Bis

sau

2019 National IHL priorities

1. R

eact

ivat

e th

e na

tiona

l IH

L co

mm

ittee

, and

tra

in it

s m

embe

rs2.

Set

out

a th

ree

year

na

tiona

l pla

n of

act

ion

for I

HL im

plem

enta

tion

3. O

rgan

ize a

wor

ksho

p on

the

diss

emin

atio

n an

d im

plem

enta

tion

of IH

L, fo

r gov

ernm

ent

offic

ials

and

ac

adem

ics,

to e

valu

ate

the

natio

nal I

HL

impl

emen

tatio

n pl

an o

f ac

tion.

4.

Pub

lish

a co

mpi

latio

n of

all

IHL

rela

ted

treat

ies

and

conv

entio

ns.

1. S

treng

then

the

IHL

know

ledg

e of

the

defe

nse

and

secu

rity

forc

es2.

IHL

dis

sem

inat

ions

to

the

civi

lian

popu

latio

n3.

Rev

iew

IHL

train

ing

docu

men

ts a

nd

man

uals

4. I

dent

ifyin

g cu

ltura

l pr

oper

ty a

t the

nat

iona

l le

vel (

carri

ed o

ver f

rom

20

18 a

nd a

pla

n of

ac

tion

on th

is is

bei

ng

prep

ared

)

1. I

mpl

emen

tatio

n of

the

ATT

(car

ried

over

from

20

18)

2. R

eact

ivat

e th

e Na

tiona

l IH

L Co

mm

ittee

(car

ried

over

from

201

8)

1. S

igna

ture

and

ra

tifica

tion

of th

e AT

T2.

Wor

k on

sec

urity

sec

tor

refo

rm

1. C

ontin

ue e

nabl

ing

the

oper

atio

n of

the

Natio

nal I

HL C

omm

ittee

(T

he n

ew g

over

nmen

t ha

s no

t ful

ly s

et o

ut it

s IH

L pr

iorit

ies)

1. R

atifi

catio

n of

the

ENM

OD C

onve

ntio

n (c

arrie

d ov

er fr

om

2018

)2.

Rat

ifica

tion

of th

e Ka

mpa

la C

onve

ntio

n on

Inte

rnal

ly D

ispl

aced

Pe

rson

s in

Afri

ca3.

The

est

ablis

hmen

t of

the

Natio

nal

Com

mis

sion

of I

HL4.

Con

tinue

d ca

paci

ty

build

ing

of d

efen

se

and

secu

rity

forc

es o

n co

mpl

ianc

e w

ith IH

L / I

HD5.

Fol

low

the

proc

ess

of re

visi

ng th

e ch

ild’s

code

with

a v

iew

to

adap

ting

it to

the

requ

irem

ents

of

prot

ectin

g th

e rig

hts

of

the

child

.

1. R

atifi

catio

n of

: th

e In

tern

atio

nal

Conv

entio

n fo

r the

Pr

otec

tion

of a

ll Pe

rson

s fro

m E

nfor

ced

Disa

ppea

ranc

e;

Optio

nal P

roto

col t

o th

e Co

nven

tion

on th

e Ri

ghts

of t

he C

hild

on

a co

mm

unic

atio

ns

proc

edur

e; K

ampa

la

Conv

entio

n; E

COW

AS

Conv

entio

n on

SAL

W

2. R

evie

w th

e pe

nal c

ode

3. S

tudy

on

the

stat

us o

f IH

L im

plem

enta

tion

in

the

coun

try4.

Com

plet

e dr

aft l

aw

on p

rote

ctio

n of

the

Embl

em to

be

push

ed

to n

atio

nal a

ssem

bly


Libe

ria

Mal

iNi

ger

Nige

riaSe

nega

lSi

erra

Leo

neTo

go

2019 National IHL priorities

1. C

ontin

uatio

n an

d in

tens

ifica

tion

of tr

aini

ng o

f the

m

ilita

ry d

efen

se a

nd

secu

rity

forc

es in

IHL

(pos

tpon

ed fr

om 2

018)

2. C

ontin

uatio

n of

the

revi

ew o

f the

Crim

inal

Co

de a

nd C

ode

of

Crim

inal

Pro

cedu

re3.

Fur

ther

op

erat

iona

lizat

ion

of

the

DIH

wor

king

gro

up

with

a v

iew

to it

s ef

fect

iven

ess

4. S

igna

ture

/ ra

tifica

tion

of th

e Nu

clea

r Wea

pons

Tr

eaty

1. A

dopt

ion

of a

law

on

wea

pons

(car

ried

over

fro

m 2

018)

2. A

dopt

ion

of a

law

on

the

prot

ectio

n of

in

tern

ally

dis

plac

ed

pers

ons

(car

ried

over

fro

m 2

018)

1. R

atifi

catio

n of

the

Conv

entio

n on

Clu

ster

M

uniti

ons

2. T

rain

ing

of N

atio

nal I

HL

Com

mitt

ee m

embe

rs3.

Stra

tegi

c vi

sit o

f Na

tiona

l IHL

Com

mitt

ee

to th

e Na

tiona

l As

sem

bly

4. D

omes

ticat

ion

of th

e Ad

ditio

nal P

roto

cols

Bill

of

200

5

1. A

dopt

ion

of n

atio

nal

IHL

Actio

n Pl

an1.

Dev

elop

ing

and

coor

dina

ting

a pl

an o

f ac

tion

to a

ddre

ss ID

Ps2.

Res

umin

g se

ssio

ns

and

sens

itiza

tions

of

the

Sier

ra L

eone

an

arm

ed fo

rces

on

IHL

3. R

evita

lize

natio

nal I

HL

com

mitt

ee

1. R

eact

ivat

e th

e Na

tiona

l IH

L Co

mm

ittee

(car

ried

over

from

201

8)2.

Fin

alize

the

adop

tion

of

the

Crim

inal

Pro

cedu

re

Code

in li

ne w

ith th

e ne

wly

ado

pted

Crim

inal

Co

de (l

aw N

°201

5-10

, 24

Nov

embe

r 201

5)

(car

ried

over

from

20

18)

3. A

dher

ence

to

rem

aini

ng IH

L tre

atie

s


ECOWAS IHL PLAN OF ACTION (2019-2023) VALIDATION PROCESS1. INTRODUCTION OF THE PLAN OF ACTION, IHL TREATIES

The validation process started with an introduction of the draft POA by Mr. Olatunde Olayemi of the ECOWAS

Commission, and Mr. Sven David Udekwu of the ICRC. They gave an overview of the process of developing

the new draft POA, emphasizing the need to change the format used in the old IHL Plan of Action (2009-

2014). The new POA was designed around specific thematic areas, with both prevention and protection

approaches. These thematics were chosen based on the most urgent IHL topics of concern in the region.

Strong measurable indicators, and sources of verification, were paired with each thematic. This new format

would facilitate the implementation of the POA by MS and facilitate the reporting and follow up processes.

While the POA was focused around thematics, the first section remained dedicated to the foundation of

IHL implementation, which is the signature and ratification, or accession, to all IHL treaties. There was no

discussion on this section, as MS are aware of the outstanding treaty ratifications, as set out in Annex IV.

The rest of the sections were discussed in depth, with MS given the opportunity to discuss their experiences

dealing with thematics, and adjusting the contents of the sections as necessary.

SECTION A OF THE ECOWAS IHL POA: SIGNATURE AND RATIFICATION OR ACCESSION TO IHL TREATIES

Strategies / Activities Success Indicators Responsible Institution Sources of Verification Timeframe

Signature and ratification or accession to IHL treaties:

1. Sign, ratify or access the most relevant IHL treaties *list of treaties annexed

a. Number of outstanding IHL treaties signed and ratified or acceded to

Legislative and executive branches of the governmentMinistries, or organs charged with treaty ratificationNational IHL Committees7

Signature and deposition of instrument of ratification/accession with the appropriate depository

2019 - 2023

2. NATIONAL IHL COMMITTEES

The POA section on national IHL committees set out the following strategies/activities: 1) establish or

reactivate National IHL Committees – or corresponding inter-ministerial organs responsible for IHL –

effectively advising and assisting governments in implementing and spreading knowledge of IHL; 2) develop

national IHL POAs with participation from government and civil society.

7 References to National IHL Committee in this POA refer to National IHL Committees or corresponding inter-ministerial organs responsible for IHL.


SECTION B OF THE ECOWAS IHL POA: NATIONAL IHL COMMITTEES

Strategies / Activities Success Indicators Responsible Institution Sources of Verification Timeframe

National IHL Committees:

1. Establish or reactivate National IHL Committees – or corresponding inter-ministerial organs responsible for IHL – effectively advising and assisting governments in implementing and spreading knowledge of IHL

2. Develop national IHL POAs with participation from government and civil society

a. Number of meetings per year held by committee or organ responsible for IHL

b. Number of reports produced

c. Adoption of committee recommendations by the relevant branches of government

d. Publication of national IHL POA

National IHL Committees

Ministries charged with establishing and mandating a National IHL Committee

Relevant ministries that should sit on National IHL Committees including Ministries of Justice, Defense, Interior and Foreign Affairs

Establishment instruments (e.g. decree or inter-ministerial order),

Annual budget

Draft of National IHL plan of action

Annual report on IHL implementation activities

Recommendations and reports sent to relevant branches of government

2019-2020

The moderator and technical expert was Mr. Charles Gamodeh Kpan Sr., head of the ICRC-Monrovia office,

and the lead reviewer was Mr. TRABI Botty Tah Jérôme, magistrate at the Ministry of Justice of Côte d’Ivoire.

Mr. Trabi opened the discussion by reviewing Côte d’Ivoire’s experience with its National Commission

for International Humanitarian Law (NCIHL). He stated that Côte d’Ivoire presently had a national inter-

ministerial commission for the implementation of IHL created by Decree No. 1996-853 of 25 October 1996.

However, the various socio-political crises that the country experienced had disrupted the meeting of the

members of this Commission. This lack of functioning was also due to ongoing movements within the

government, with the continuous change of personnel and priorities. Mr. Trabi also raised the important

problem of financing the activities of the Commission.

In order to reactivate the CNDIH, which was one of Côte d’Ivoire’s national IHL priorities for 2018, postponed

until 2019 (see Comparative Table 2 above), the Ministry of Justice, through its Directorate of Studies,

Legislation and Documentation (DELD), has decided to reform, with the collaboration of the ICRC, the

decree relating to the CNDIH. Thus, the composition and remit of CNDIH will be reviewed in the light of the

ICRC recommendations. In addition, the Commission’s desire for sustainability called for the creation of a

permanent secretariat.

Nigeria’s participant thanked Mr. Trabi for sharing the successes and challenges of the Ivorian NIHLC with

such openness, and asked for similar honest discussions and sharing of experience between all MS. In

response to the issue of budgeting, in addition to the benefits of having a permanent secretariat8, she stressed

the importance of having the ministries of finance on the committees to ensure avenues for funding. On this,

Mr. Olayemi of ECOWAS mentioned the importance of working with national planning ministries, as they

could also help ensure funding. Senegal’s parliamentary representative stated that parliamentarians needed

to be sensitized by the national committees, as they have the responsibility of passing budgets, and could help

if they knew there were needs. Guinea asked about the role ECOWAS could play in pushing governments to

create national IHL committees. In response to this question, representatives of States and ICRC MEON Focal

Points were asked to approach the Permanent Representation of ECOWAS in the States, in order to coordinate

strategies to push the authorities to plan for a budget for the operation of the NCIHL.

8 For references to previous discussion on this during the meeting, see “Update and Status of Ratification and Domestication of IHL Treaties”, above.


With regard to composition and functioning of inter-ministerial committees, Mr. Olayemi stressed about the

need for one focal ministry to have the responsibility of running the national IHL committees, as this would

facilitate information sharing and follow up on the implementation of the ECOWAS IHL POA.

Senegal’s representative from the Ministry of Justice mentioned the information from the 14th Annual Review

Meeting had inspired the creation an IHL committee within National Human Rights Consultative Council. The

process of creating the IHL committee was to be completed before the end of 2018.

The MS participants voted on the section, and it was validated.

COMPARATIVE TABLE 3: NATIONAL IHL COMMITTEES IN WEST AFRICA

Country Full Name of Committee Date of creation

Enabling law

Benin National Commission for the Implementationof International Humanitarian Law (Commission nationalepour la mise en œuvre du droit international humanitaire)

1998 Decree n° 98-155 of 27 April 1998. Adoption in 21 November 2015 of a draft decree modifying Decree n° 98-155.

Burkina Faso Interministerial Committee for Human Rights and International Humanitarian Law (Comité interministériel des droits humains et du droit international humanitaire)

2005 Decree n° 2005-100/PRES/PM/MPDH of 23 February 2005, amended and finalized by Decree n° 2008-740/PRES/PM/ MPDH of 17 November 2008 ; Decree n° 2013-1335/PRES/ PM/MDHPC/MEF of 31 December 2013 on the Committee’s operations; Decree n° 2014-160/PRES/PM/MDHPC/MEF on the Committee’s permanent secretariat.

Cabo Verde National Commission for Human Rights and Citizenship (Comissão Nacional para os Direitos Humanos e a Cidadania) (CNDHC)

2004 Decree n° 38/2004 of 11 October 2004.

Cote d’Ivoire National Interministerial Commission for the Implementation of International Humanitarian Law (Commission interministérielle nationale pour la mise en œuvre du droit international humanitaire)

1996 Decree n° 96-853 of 25 October 1996.

Republic of the Gambia

Interministerial Committee on International Humanitarian Law

1999 12 August 1999 letter from the Presidency to the Department of State for Justice.

Ghana Ghana National Committee on Humanitarian Law

2016 Creation of the Committee approved by Minister of Justice & Attorney-General in 2016.

Guinea Bissau National Commission for Human Rights and IHL Technical Group (Comissão Nacional para os Direitos Humanos)

2009 Decree n° 6/2009 of 2009.

Liberia Liberia International Humanitarian Law Committee

2013 August 2012 MoU between the Ministry of Justice and the Ministry of Foreign Affairs.

>>

Niger National Committee for the Implementation of IHL (NCIHL)

2018 Order No. 00136 MJ / GS / SG establishing, missions, composition and functioning of the National Committee for the Implementation of IHL (NCIHL)


Nigeria National Committee for the Implementation of the International Humanitarian Law Treaty in Nigeria

2010 Inaugurated on 23 July 2010 by the Attorney-General of the Federation and Minister of Justice

Senegal National Consultative Committee for Human Rights and International Humanitarian Law

2018 Décret N°2018-1969

Sierra Leone National Committee for the Implementation of International Humanitarian Law Treaty

2011 Approved by the Cabinet on 12 October 2011. Officially inaugurated on 30 April 2012, at a ceremony in Parliament, by the Chief Justice and the Minister for Justice

Togo Interdepartmental Commission on implementation of International Humanitarian Law (Commission interministérielle de mise en œuvre du droit international humanitaire)

1997 Inter-ministerial order n° 97-031 of 11 June 1997, order n° 034/MJRIR/CAB/SG of 6 December 2013 appointing members of the Commission

3. MIGRANTS AND INTERNALLY DISPLACED PERSONS (IDPS)

The POA set out the following strategies and activities in relation to migrants and IDPs: 1) ensure legislation,

procedures and policies relating to the protection, safety, and dignity of all migrants, and IDPs, provide

adequate safeguards in line with IHRL, IHL, and Refugee Law; 2) implement specific legislation and policies

for IDPs, which fully incorporate the requirements and protections of the Kampala Convention; 3) designate

and mandate a competent national authority or body responsible for protection and assistance, assigning

responsibilities to appropriate organs, and cooperating with relevant international agencies and civil society

organizations; 4) ensure border security agencies and other bodies dealing with migrants receive special

training on the rights of migrants, and the special classes of migrants such as refugees and other asylum

seekers; 5) initiate information campaigns for the civilian population, migrants, and IDPs, detailing the rights

and protections due to these vulnerable groups, and encouraging community level respect and acceptance.


SECTION C OF THE ECOWAS IHL POA: MIGRANTS AND INTERNALLY DISPLACED PERSONS (IDPS)

Migrants9 and Internally Displaced Persons (IDPs):

Strategies / Activities Success Indicators Responsible Institution

Sources of Verification Timeframe

1. Ensure legislation, procedures and policies relating to the protection, safety, and dignity of all migrants, and IDPs, provide adequate safeguards in line with IHRL, IHL, and Refugee Law.

2. Implement specific legislation and policies for IDPs, which fully incorporate the requirements and protections of the Kampala Convention

3. Designate and mandate a competent national authority or body responsible for protection and assistance, assigning responsibilities to appropriate organs, and cooperating with relevant international agencies and civil society organizations

4. Ensure border security agencies and other bodies dealing with migrants receive special training on the rights of migrants, and the special classes of migrants such as refugees and other asylum seekers.

5. Initiate information campaigns for the civilian population, migrants, and IDPs, detailing the rights and protections due to these vulnerable groups, and encouraging community level respect and acceptance

a. Legislation, procedures and policies protecting the safety and dignity of migrants in line with IHRL, IHL and Refugee Law;

b. Legislation and policies integrating the Kampala Convention;

c. Designation of a competent national authority for the protection and assistance of migrants and IDPs

d. Number of border security units given special training on the rights, protection, and differing status of migrants

e. Diversity, quality, and geographic scope of information campaigns

Legislative, executive, and judicial branches of government;

Relevant ministries

National IHL Committee

National authority for the protection and assistance of migrants and IDPs

Media

Border security agencies

Gazetted legislations;

National policies;

Establishment instruments (e.g. decree, inter-ministerial order, terms of references) of a national authority or body for migrant and IDPs protection and assistance;

Reports on status of migrants and IDPs from national agencies, civil society, and international organizations monitoring migration and IDPs related issues

Training manuals and reports and assessment results following border security officer trainings

Dissemination campaigns though radio, television, newspaper, and in-person presentations

2019-2021

The session was moderated by Precious Eriamiatoe, ICRC Legal Adviser in Abuja. The lead reviewer was M.

Etienne Ibrahim, Deputy Secretary General, Ministry of Justice, Niger, and the technical expert was Charles

Sanches, ICRC Legal Adviser in Dakar.

Mr. Ibrahim spoke of the dual issue faced by Niger, with migrants in the Agadez region, and IDPs in Diffa. On

migration, he first distinguished migrants seeking to settle in the country (mostly Sudanese asylum seekers)

from those in transit. The Agadez region, a zone covering two thirds (2/3) of the country, was described

as mainly a transit zone for the many migrants seeking to travel on to Europe. However, the number of

migrants transiting had decreased since the passage of the law prohibiting trafficking of migrants10. Despite

the decrease, UNHCR, IOM, and other organizations still needed to work on registering and providing

assistance to migrants, as there were still economic issues, health issues (malaria, respiratory infections,

lack of prenatal assistance), and difficulties in reestablishing family links.

9 “Migrants” refers here to its broad definition which includes refugees, asylum seekers and irregular migrants to capture the full extent of humanitarian concerns related to migration, and to provide sufficient flexibility to address people’s often complex and changing situation, regardless of their reasons for migrating.

10 Loi No 2015-36 relative au trafic illicite de migrants, 26 mai 2015. See also, Ordonnance No. 2010-86 du 16 décembre 2010 relative à la lutte contre la traite des personnes.


Turning to the Lake Chad region, Mr. Ibrahim addressed how the armed conflict had forced many to flee from

their homes, both across borders and within Niger. IDPs had many of the same needs as migrants, as they

were not in their normal place of habitation. Niger was working with international organizations to facilitate

humanitarian assistance for the IDPs in the form of health care, food, and protection. Beyond the direct

assistance, Niger was working on a law domesticating the AU Convention for the Protection and Assistance of

internally displaced persons in Africa (Kampala Convention)11. In drafting this law, Niger aimed to consult the

IDPs, alongside government actors, to ensure the laws being developed took into account issues that might

not otherwise be considered.12

The ICRC expert, Mr. Sanches, set out the protection focus and legal framework for the ICRC’s work with

migrants.13 He stressed that the ICRC neither encourages nor discourages migration, but would always call

attention to the issue of protection of migrants.

On IDPs he referenced the high figures on internal displacement in the region, calling for further action on

prevention, and finding durable solutions. He stated that while internal displacement may occur even when

IHL is respected during armed conflict, IHL violations often cause greater displacement as well as secondary

displacement. For example, civilians may be targeted directly by parties to the armed conflict, or parties to an

armed conflict may carry out indiscriminate attacks forcing people to flee. People may also flee because they

are threatened, subjected to forced recruitment, or other violations such as collective punishment. The most

effective way to prevent displacement induced by war and other situations of violence is obviously through

prevention of armed conflict and violence. When armed conflicts do occur, respect for IHL can help reduce

the scale of displacement.

Ghana thanked Niger, and acknowledged the efforts they undertook to attempt to respond to the needs of the

migrants and IDPs. Guinea thought it was important to focus on the reasons for migration, looking at the

situations in the countries of origin that caused this migration. Mr. Ibrahim responded on the need for all MS

to indeed take responsibility for their citizens’ opportunities at home.

Sierra Leone stated that the relevant section of the POA worked well for protection of IDPs, but more needed

to be done to respond to the overall migration movements, distinguishing economic migrants from migration

related to armed conflicts. Ghana agreed with Sierra Leone that migrants were also moving on economic

grounds. Responding to this, Benin stated that migration should be seen as an opportunity, and accordingly

Benin had opened their borders to all Africans. Niger referenced the free movement doctrine of the AU14, and

suggested the ICRC and ECOWAS work on the overall migration thematic with the AU.

Liberia asked which agency or stakeholder was traditionally in charge of the management of IDPs, giving the

example of their technical committee, which set up the legal framework for dealing with IDPs. Liberia wanted

the roles and responsibilities for any protection to be clearly spelled out in the POA, but this was not feasible

due to the different actors in the varying contexts.

In response to the MS exchanges and questions, Mr. Olayemi, of the ECOWAS Commission, stated that it

might be necessary to reconsider if migrants and IDPs should remain in the same section. He suggested that

mixed migration might be a better name for what was discussed to capture all the groups included under

the term migrants. Ghana supported this and suggested separating the migrants and IDPs on legal grounds.

11 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 2009.

12 Loi No 2018-74 relative à la protection et à l’assistance aux personnes déplacées internes, 10 décembre 2018.13 International Federation of Red Cross and Red Crescent Societies, Policy on Migration, 2009: “Migrants are persons

who leave or flee their habitual residence to go to new places – usually abroad – to seek opportunities or safer and better prospects. Migration can be voluntary or involuntary, but most of the time a combination of choices and constraints are involved. Thus, this policy includes, among others, labour migrants, stateless migrants, and migrants deemed irregular by public authorities. It also concerns refugees and asylum seekers, notwithstanding the fact that they constitute a special category under international law.”

14 Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment, 2018


The Deputy-Head of Delegation of the ICRC in Abuja, Dr. Jean-François Quéguiner, reminded the plenary that

it was important to keep the objective of the POA in mind. As this was a POA on IHL, everything had to be seen

in the light of a situation of armed conflict. In other words, the PoA’s ambition was not to address all issues

related to migration in West Africa and, in particular, could not engage on the debate of the free movement

doctrine of the AU. The idea of this section of the PoA was to ensure that migrants benefit from applicable

protections deriving from IHL and human rights provisions; in this context, the source/cause of migration

was not particularly relevant. It was decided an advisory group would meet separately to look at the issue of

migrants closer, and the section was adopted in principal.

The advisory group met and agreed on a definition for migrants, which was accepted by all participants, and

which allowed the section to remain intact. The definition is included as a footnote in the POA: “Migrants”

refers here to its broad definition which includes refugees, asylum seekers, and irregular migrants to capture

the full extent of humanitarian concerns related to migration, and to provide sufficient flexibility to address

people’s often complex and changing situation, regardless of their reasons for migrating.”

COMPARATIVE TABLE 4: NATIONAL LEGISLATION IMPLEMENTING THE KAMPALA CONVENTION IN WEST AFRICA

Liberia Mali Niger Nigeria

Draft legislation pending:

A draft Bill to ratify the Afri-can Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Conven-tion) has been submitted to the National Legislature and is in the Judiciary Committee room for review. This will be followed by plenary’s (high-est decision making body of the Parliament) approval or rejection


Establishment of a Technical Committee on the domes-tication of the Kampala Convention by Decision n° 2016-0109/MSAHRN (Minis-try of Solidarity, Humanitarian Action and National Reconcil-iation) of 26 April 2016 which among others has to:

Elaborate, adopt and im-plement a plan of action for domestication of the Con-vention;

Propose measures to harmo-nise the national legislation with the Convention.

Law No 2018-74 on the protection and assistance for internally displaced persons, passed on 10 December 2018


In April 2016, a Draft Bill to implement the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) and for Related Matters was in-troduced before the National Assembly. In July 2016, the Bill passed the second reading in the House of Rep-resentatives

4. PROTECTION OF CHILDREN IN ARMED CONFLICT

The POA sets out the following activities/strategies on children: 1) Integrate, and ensure respect for, the

rules of treaties relating to the rights of children in armed conflicts, including the Geneva Conventions and

its Protocols and the 1989 Convention on the rights of the Child and its 2000 Optional Protocol, into domestic

legal frameworks; 2) incorporate specific training on the protection of children, and treatment of child

combatants, into the training of all ranks of soldiers and security forces; 3) designate specially trained senior

security and military officers in charge of working with active units, relevant ministries, and civil society

groups to protect the access of children to education; 4) ensure children are protected and left untouched by

all participants during armed conflicts and other situations of violence; 5) ensure schools are protected and

left untouched by all participants during armed conflicts and other situations of violence.


SECTION D OF THE ECOWAS IHL POA: CHILDREN

Children:



1. Integrate, and ensure respect for, the rules of treaties relating to the rights of children in armed conflicts, including the Geneva Conventions and its Protocols and the 1989 Convention on the rights of the Child and its 2000 Optional Protocol, into domestic legal frameworks

2. Incorporate specific training on the protection of children, and treatment of child combatants, into the training of all ranks of soldiers and security forces

3. Designate specially trained senior security and military officers in charge of working with active units, relevant ministries, and civil society groups to protect the access of children to education

4. Ensure children are protected and left untouched by all participants during armed conflicts and other situations of violence

5. Ensure schools are protected and left untouched by all participants during armed conflicts and other situations of violence

a. Legislation and measures protecting the rights of children in armed conflicts and criminalizing related IHL violations

b. Number of judicial proceedings in cases of IHL violations against children

c. A module on child protection is required for all soldiers and members of security forces in training

d. Number of coordination and dissemination meetings facilitated by designated senior security and military officers

e. Children have continuous access to education in secure environments throughout any period of armed conflict or other situations of violence

f. Schools remain unoccupied and undamaged by combatants during armed conflicts or other situations of violence

Legislative, executive, and judicial branches of government

Relevant ministries

National IHL committees

Military and paramilitary training centers

Civil society groups

Gazetted legislations

National policies

Judicial decisions

Reports from national agencies, civil society, and international organizations monitoring child protection

Updated training manuals

Special designation/orders issued to selected senior officers

Surveys and reports of students and other members of the community during and after armed conflicts and other situations of violence

2019-2021

The session was moderated by the ECOWAS Commission Programme Officer from the Trafficking in Persons

Unit, Mr. Olatunde Olayemi, who also served as the technical expert. The lead reviewer was Dr. Joe Fayia

Nyuma, Deputy Director General, Ministry of Foreign Affairs of Sierra Leone.

Dr. Nyuma began by setting out a definition of child soldier as: “A child associated with an armed force

or armed group refers to any person below 18 years of age who is, or who has been, recruited or used by

an armed force or armed group in any capacity, including but not limited to children, boys and girls, used

as fighters, cooks, porters, spies or for sexual purposes.”15 He continued by illustrating the experience of

the Sierra Leonean war which deprived child soldiers of virtually all their rights under the international

15 The Paris Principles: Principles And Guidelines on Children Associated with Armed Forces or Armed Groups, section 2.1, pg. 7, February 2007.


conventions16. He described the rampant poverty, separation and loss of family members, and the lack of

options as providing fertile ground for recruitment of children. Though the child soldiers committed crimes

during the war, the reconciliation system had worked to rehabilitate them. Following the war, Sierra Leone

worked to domesticate the international treaties protecting children, and he noted the restriction on age

of military recruitment in Sierra Leone to the minimum age of eighteen years old.17 Looking beyond child

soldiers, he noted the importance of past IHL trainings for the military, by ICRC, before they were sent on

international missions.

The floor was then opened for discussion, with the second representative for Sierra Leone addressing the

section of the POA, and agreeing that it was exhaustive and would work well to protect children if implemented

fully.

Ghana commended Dr. Nyuma for the presentation, and addressed the definition of child soldiers, questioning

whether a child could voluntarily join at 15.18 The Gambia looked back to the definition, and reminded the

meeting that that child soldiers could be cooks, cleaners, and or just generally involved with the armed

groups.

Ghana also mentioned that special attention must be paid to vulnerable children when looking at terrorism,

like in Nigeria. Burkina Faso asked about possible steps to protect children from recruitment by terrorist

groups, and he suggested a line on street children be added in the POA, as they would be most vulnerable to

recruitment. The representative from Mali stated they had the same issue with child soldiers joining armed

groups, and spoke on reintegration programs to put children back in society. She asked about the reason

children join these groups, and stated programs needed to be in place to keep children in school.

Liberia recommended expanding protected spaces for children from schools to all spaces that children might

be found. A representative from Niger questioned the efficacy of having trained officers in active units focused

on child protection, and asked about the possibility of an indicator for this point. He suggested point 4 on

ensuring protection of children during armed conflict be reviewed to ensure the wording realistically covered

what was possible during fighting.

Responding to some of the comments on street children, and finding other options for children, Mr. Olayemi

agreed that development issues were an important factor, but stressed that these were not within the purview

of the POA. He pointed out, however, that ECOWAS was implementing several initiatives aimed at eradicating

the phenomenon of street children. Preempting other issues of concern, he reminded participants that the

POA contained many other thematics, which would involve protection of children as well. He encouraged

participants to focus on each thematic. Due to a lack of time, he asked MS to vote on the section in principal,

which was done, and they were encouraged to take up any additional questions with the secretariat.

16 Convention on the Rights of the Child (1989); Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000); African Charter on the Rights and Welfare of the Child (1990); Convention on the Worst Forms of Child Labour (1999); Geneva Convention IV, and Additional Protocol I and II. (the

minimum age for recruitment is set at 15 in most instruments)17 Sierra Leone’s Child Rights Act (2007) states: (1) Every child has the right to be protected from involvement in armed or any other kind of violent conflicts, and

accordingly, the minimum age of recruitment into the armed forces shall be eighteen. (2) The Government shall not - (a) recruit or conscript any child into military or para-military service or permit such recruitment or conscription by

the armed forces.18 In response to this question: Article 77(2) of the 1977 Additional Protocol I provides: “The Parties to the conflict shall

take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.[…]” and article 4(3)(c) of the 1977 Additional Protocol II provides: “Children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities.”


COM

PARA

TIVE

TAB

LE 5

: NAT

IONA

L LE

GISL

ATIO

N ON

THE

PRO

TECT

ION

OF C

HILD

REN

IN A

RMED

CON

FLIC

T IN

WES

T AF

RICA

Beni

nBu

rkin

a Fa

soGu

inea

M

ali

Nige

rNi

geria

Sene

gal

Sier

ra L

eone

Togo

Legi

slat

ion

adop

ted:

Law

n°

201

5-08

of

23

Janu

ary

2015

forb

ids

the

enro

llmen

t of

chi

ldre

n in

ar

med

forc

es

of g

roup

s

Legi

slat

ion

adop

ted:

Ac

t n°

052.

2009

of

31

Dece

mbe

r 20

09 d

eter

min

ing

the

Burk

inab

e co

urts

’ jur

isdi

ctio

n an

d pr

oced

ure

for

impl

emen

ting

the

Rom

e St

atut

e of

the

Inte

rnat

iona

l Crim

-in

al C

ourt,

defi

nes

as w

ar c

rime

the

enro

lmen

t or c

on-

scrip

tion

of c

hild

ren

belo

w 1

8 ye

ars

in

the

arm

ed fo

rces

or

arm

ed g

roup

s, o

r the

ac

t of m

akin

g th

em

parti

cipa

te a

ctiv

ely

in h

ostil

ities

Legi

slat

ion

adop

ted:

Th

e Ch

ildre

n’s

Code

of

Gui

nea

of 1

9 Au

gust

200

8 se

ts

the

min

imum

age

fo

r rec

ruitm

ent i

nto

arm

ed fo

rces

or a

rmed

gr

oups

as

18 y

ears

, an

d pr

ohib

its th

e us

e of

chi

ldre

n un

der 1

8 in

arm

ed c

onfli

ct (A

rt.

429)

. It a

lso

proh

ibits

ra

pe, s

exua

l sla

very

, fo

rced

pro

stitu

tion,

fo

rced

pre

gnan

cy,

forc

ed s

teril

isat

ion

and

all o

ther

form

s of

vi

olen

ce c

omm

itted

ag

ains

t per

sons

und

er

the

age

of 1

8. A

rt.

429-

439

prov

ide

for

gene

ral p

rote

ctio

n of

chi

ldre

n in

arm

ed

confl

ict,

prot

ectio

n of

di

spla

ced

child

ren,

re

fuge

e an

d se

para

ted

child

ren.

Und

er th

e la

w, c

hild

ren

bene

fit

from

all

of th

e pr

otec

-tio

ns p

rovi

ded

unde

r IH

L

Legi

slat

ion

adop

ted:

Pe

nal C

ode

Act n

° 01

-079

of 2

0 Au

gust

20

01, c

rimin

alis

es th

e ac

t of c

onsc

riptin

g or

enr

ollin

g ch

ildre

n be

low

15

year

s in

to

the

natio

nal a

rmed

fo

rces

or m

akin

g th

em

activ

ely

parti

cipa

te

in h

ostil

ities

as

war

cr

ime,

but

sol

ely

in

times

of i

nter

natio

nal

arm

ed c

onfli

ct (A

rt.

31(i)

par

.26)

Ordi

nanc

e n°

02-

062/

P-RM

of 5

Jun

e 20

02

on th

e Ch

ild P

rote

ctio

n Co

de s

tipul

ates

that

ch

ildre

n be

nefit

from

al

l pro

tect

ions

of I

HL

conv

entio

ns to

whi

ch

Mal

i is

party

and

pro

-hi

bits

mak

ing

child

ren

unde

r 18

year

s pa

rtic-

ipat

e in

arm

ed c

onfli

ct

or c

onsc

riptin

g th

em

into

the

arm

ed fo

rces

or

an

arm

ed g

roup

(A

rt. 1

7).

Legi

slat

ion

adop

ted:

Or

dina

nce

n° 2

010-

75 o

f 9 D

ecem

ber

2010

on

the

stat

us o

f m

ilita

ry p

erso

nnel

of

the

arm

ed fo

rces

, pro

-hi

bits

the

recr

uitm

ent

of c

hild

ren

belo

w 1

8 ye

ars

into

the

defe

nce

and

secu

rity

forc

es

Draf

t leg

isla

tion

pend

ing:

A B

ill a

men

d-in

g th

e Pe

nal C

ode

and

Code

of P

enal

Pr

oced

ure

(201

3)

is p

endi

ng. T

he B

ill

crim

inal

ises

vio

latio

ns

of IH

L in

clud

ing

all

war

crim

es u

nder

th

e Ro

me

Stat

ute

com

mitt

ed d

urin

g in

tern

atio

nal a

nd

non-

inte

rnat

iona

l ar

med

con

flict

. It

also

ra

ises

the

min

imum

ag

e fo

r rec

ruitm

ent

into

the

Arm

ed F

orce

s an

d fo

r par

ticip

atio

n in

ho

stili

ties,

from

15

to

18 y

ears

Legi

slat

ion

adop

ted:

Th

e Ch

ild R

ight

s Ac

t 16

Jul

y 20

03. S

ec-

tion

34(1

) pro

vide

s th

at n

o ch

ild s

hall

be re

crui

ted

into

any

of

the

bran

ches

of

the

arm

ed fo

rces

of

Nig

eria

. Sec

tion

34(2

) pro

vide

s th

at

the

Gove

rnm

ent o

r an

y ot

her r

elev

ant

agen

cy o

r bod

y sh

all

ensu

re th

at n

o ch

ild

is d

irect

ly in

volv

ed

in a

ny m

ilita

ry o

per-

atio

n or

hos

tiliti

es.

So fa

r 25

Stat

es o

f th

e Fe

dera

tion

have

ad

opte

d th

e Ac

t int

o St

ate

Legi

slat

ion

Draf

t leg

isla

tion

pend

ing:

Dra

ft bi

ll on

th

e Ch

ild C

ode

pro-

hibi

ts th

e en

rolm

ent

of c

hild

ren

in a

rmed

co

nflic

t. Th

e of

ficia

l ag

e fo

r con

scrip

tion

is 2

0 ye

ars

old

Legi

slat

ion

adop

ted:

Th

e Ch

ild R

ight

s Ac

t, 3

Sept

embe

r 20

07 (p

ublis

hed

in

Supp

lem

ent t

o th

e Si

erra

Leo

ne G

azet

te

Extra

ordi

nary

Vol

. CX

XXVI

II, N

o. 4

3 da

ted

3 Se

ptem

ber

2007

). Ar

t. 28

sta

tes

that

eve

ry c

hild

ha

s th

e rig

ht to

be

prot

ecte

d fro

m in

-vo

lvem

ent i

n ar

med

or

any

kin

d of

con

-fli

cts,

it e

stab

lishe

s m

inim

um a

ge fo

r re

crui

tmen

t int

o th

e ar

med

forc

es a

t 18.

It

also

sta

tes

that

the

Gove

rnm

ent s

hall

not u

se o

r per

mit

the

use

of la

nd m

ines

an

d ot

her w

eapo

ns

decl

ared

by

inte

r-na

tiona

l ins

trum

ent

to b

e ad

vers

e to

ch

ildre

n

Legi

slat

ion

adop

ted:

Th

e Pe

nal C

ode

of

Nove

mbe

r 201

5 pr

ohib

its th

e us

e of

ch

ildre

n be

low

18

year

s in

the

arm

ed

forc

es o

r arm

ed

grou

ps, b

oth

in

inte

rnat

iona

l and

no

n-in

tern

atio

nal

arm

ed c

onfli

cts

(Art.

14

6 al

. 14)


5. SEXUAL VIOLENCE IN ARMED CONFLICT

The POA sets out the following activities/strategies in relation to sexual violence: 1) integrate measures to

prevent and criminalize rape and other forms of sexual violence during armed conflict in domestic legislation,

with special protections for the most vulnerable groups, e.g. women and children; 2) Create dissemination

programs on the prevention of sexual violence to the general public and to armed forces; 3) Establish

specialized trainings for the judicial sector on the prosecution of IHL violations relating to sexual violence;

4) Ensure military and security authorities establish strong and sensitive internal systems for monitoring

and responding to sexual violence, taking into account the differing needs of each survivor; 5) Provide

specialized training for personnel in all institutions who may respond to sexual violence in armed conflict,

stressing the importance of sensitivity to the needs of survivors; 6) Work with National Red Cross and Red

Crescent Societies and civil society organizations to ensure survivors of sexual violence have ongoing access

to any non-discriminatory assistance they require (health care services, rehabilitation, psychological, socio-

economic, and/or spiritual). All while ensuring the privacy, dignity, and safety of the survivors, and working

to combat social stigma that may exist.

SECTION E OF THE ECOWAS IHL POA: SEXUAL VIOLENCE

Sexual Violence:



1. Integrate measures to prevent and criminalize rape and other forms of sexual violence during armed conflict in domestic legislation, with special protections for the most vulnerable groups, e.g. women and children

2. Create dissemination programs on the prevention of sexual violence to the general public and to armed forces

3. Establish specialized trainings for the judicial sector on the prosecution of IHL violations relating to sexual violence

4. Ensure military and security authorities establish strong and sensitive internal systems for monitoring and responding to sexual violence, taking into account the differing needs of each survivor

5. Provide specialized training for personnel in all institutions who may respond to sexual violence in armed conflict, stressing the importance of sensitivity to the needs of survivors

a. Legislation and measures preventing and criminalizing rape and other forms of sexual violence during armed conflicts;

b. Number of judicial procedures and decisions on IHL violations relating to sexual violence

c. Number of dissemination programs, with the civilian component receiving equal priority

d. Participation by civil society groups and community leaders in the dissemination programs

e. Number of judges going through the specialized judicial training

f. Number of survivors assisted as a result of the authorities’ monitoring and response system


Relevant ministries including the Ministries of Justice, Health, and Defense;

Armed and security forces commanders and military courts;

State prosecutors and the judiciary

Relevant governmental and private institutional personnel

National Societies of the Movement

Gazetted legislation;

National policies and statistics;

Reports on dissemination initiatives;

Literature/manuals and other materials used in the disseminations and specialized trainings;

Reports on specialization trainings for the judicial sector

Reports from national agencies, civil society, and international organizations monitoring sexual violence

Judicial decisions

Annual reports of results from military and security authorities on the work monitoring and response system related to sexual violence

Training manuals and assessment results of specialized trainings

Surveys of survivors

Reports from National Societies

2019-2022


6. Work with National Red Cross and Red Crescent Societies and civil society organizations to ensure survivors of sexual violence have ongoing access to any non-discriminatory assistance they require (health care services, rehabilitation, psychological, socio-economic, and/or spiritual). All while ensuring the privacy, dignity, and safety of the survivors, and working to combat social stigma that may exist

g. All personnel responding to survivors of sexual violence in armed conflict benefit from specialized training for treatment of survivors

h. Percentage or survivors who receive ongoing assistance in all areas of need

i. Number and quality of joint initiatives by the government with the National Societies

The lead reviewer was Mrs. Kumba Jow, Senior State Counsel, Ministry of Justice, The Gambia, and the

technical Expert was Angelique Gabrielle Tening Sarr ICRC Advisor on Community based Protection, Gender

& Sexual Violence.

The Gambian delegation, lead by Mrs. Jow, went through the section in the POA detailing the areas that The

Gambia had already worked on in their laws, mentioning laws protecting women and children from sexual

violence. The laws worked alongside articles of the Gambian constitution prohibiting inhuman or degrading

treatment, and there was an act used to prosecute sexual assault cases.19 The delegation then turned to the

issue of prosecutions that had already taken place, on sexual violence. Mrs. Jow concluded by mentioning

the relevant training in IHL, including on issues of sexual violence, for the army, which was a prerequisite

before approval for foreign peace keeping missions.

Ghana commended The Gambia on their legal regime in this area, and he believed their strong prevention

strategies were the best way to continue. He went on to raise the issue of transactional sex in times of conflict,

with many instances of soldiers exchanging food or goods for sexual favors. Mali took the floor, stating they

were a country in armed conflict, and that their laws criminalize acts of sexual violence committed in times

of peace or armed conflict. She went on to stress the importance of disseminations on this issues, which

needed to be in languages the target population would understand. Those involved must include the judges,

police, and other relevant groups, who might interact with survivors of sexual violence. Furthermore, Mali

stressed inclusion of men in the protections afforded.

The ICRC expert, Ms. Sarr, advised the group not forget the other types of sexual violence beyond rape, such

as slavery, harassment, and assault.20 She strongly agreed with the fact that sexual violence concerned men

alongside children and women, and it was captured in the POA, which did not segregate its application. She

went on to state that sexual violence committed in relation to or during an armed conflict is a war crime

criminalized under numerous international conventions21 and national laws. On the transactional sex issue,

she noted that it was still a form of sexual violence, as the situation was a coercive one, where the survivor did

not have equal power with the soldiers. Soldiers needed to be trained not to participate in this type of activity,

19 “(1) A person who intentionally, under coercive circumstances (a) engages in a sexual act with another person; or (b) causes another person to engage in a sexual act with the perpetrator or a third person, commits the offence of rape.” Gambia Sexual Offences Act, §3, 2013.

20 ICTR, Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4, Judgment (Trial Chamber), 2 September 1998, para. 688; ICTR, Prosecutor v. Alfred Musema, Case No. ICTR-96-13, Judgment (Trial Chamber), 27 January 2000, para. 965.

21 See Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949 (GC IV), Art. 27; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 8 June 1977 (AP I), Art. 75(2) (b); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (AP II), Art. (4)(2)(e); Rome Statute, Art. 8(2)(e)(vi); Statute of the International Tribunal for Rwanda, 8 November 1994 (ICTR Statute), Art. 4(e); Statute of the Special Court for Sierra Leone, 16 January 2002 (SCSL Statute), Art. 3(e); and UN Transitional Administration in East Timor, Regulation No. 2000/15, Section 6.1(e)(vi).


and MS would need to work with international organizations to ensure appropriate punishments were applied

to these acts. Most acts of sexual violence during armed conflict were committed with impunity. She raised

that due to fear of socio-cultural repercussions, survivors were often unwilling to testify. Steps would need

to be taken to ensure the physical safety of survivors, as well as prevent stigmatization by the community.

Ms. Sarr agreed with Mali that disseminations on sexual violence would need to be done in the language the

people would understand, as this was one vital way to prevent stigmatization of survivors, and encourage

survivors to act against their attackers. Training for military and security forces would need to be very clear

on the rules for protection and prevention, and it would need to be accompanied by concrete measures looking

at logistic structures, human resources, mixed teams, etc. She concluded by stating that access to health care

or justice should not be forced on a complainant, as it would always need to be their choice to access it or not.

Mrs. Jow added that while transactional sex might not be violent, training would encourage soldiers and

others not to exploit vulnerable people, who were not in a position to make a real choice. Senegal made

a comment about the definition of sexual violence, and questioned whether the POA included rape in its

current form. Ms. Sarr responded that any sexual act done with force counts as sexual violence, though

there were different levels of gravity. Mali raised the point that victims should be encouraged to denounce

the perpetrators, as impunity could not be allowed to continue, and these acts had to be punished. Mrs. Jow

stressed the issues with reporting in The Gambian context, which resulted in placing all reporting agencies

for sexual violence in one area. This had achieved positive results, as there was no confusion on to who to

approach, particularly if the perpetrators were members of the security forces.

ECOWAS then called for a vote on the section, and the participants voted to validate.


COM

PARA

TIVE

TAB

LE 6

: NA

TION

AL M

EASU

RES

COM

BATT

ING

SEXU

AL V

IOLE

NCE

IN A

RMED

CON

FLIT

S IN

WES

T AF

RICA

Béni

nBu

rkin

a Fa

soCo

te d

’Ivoi

reTh

e Ga

mbi

aGu

inée

Libé

ria

Law

201

8-16

on

the

Crim

inal

Cod

e in

the

Repu

blic

of B

enin

Artic

les

466

2), 3

), 4)

and

46

7)

Law

N °

052

-200

9 / A

N de

term

inin

g th

e co

mpe

tenc

e an

d th

e pr

oced

ure

of

impl

emen

tatio

n of

the

Rom

e St

atut

e re

latin

g to

the

Inte

rnat

iona

l Crim

inal

Cou

rt by

the

Burk

inab

é co

urts

Artic

le 1

9 (w

ar c

rimes

) 1. (

b),

(c) /

2. (

m) (

y) (z

) / 3

. (a)

(b)

4. (F

), an

d 20

Adop

ted

law

:La

w N

o. 2

015-

134

of 9

Mar

ch 2

015

amen

ding

an

d su

pple

men

ting

Law

61-

640

of 3

1 Ju

ly

1981

est

ablis

hing

the

Pena

l Cod

eAr

ticle

139

new

Decr

ee N

o. 2

016-

373

of J

une

3, 2

016

esta

blis

hing

, attr

ibut

ing,

org

anizi

ng a

nd

oper

atin

g th

e Na

tiona

l Com

mitt

ee to

Com

bat

Sexu

al V

iole

nce

Rela

ted

to C

onfli

ct (C

NLVS

C),

led

by th

e Ch

ief o

f Gen

eral

Sta

ff of

the

Arm

ed

Forc

es (C

EMGA

)

Natio

nal m

easu

res:

In 2

017,

the

Arm

ed F

orce

s of

Côt

e d’

Ivoi

re

wer

e re

mov

ed fr

om th

e Un

ited

Natio

ns L

ist

of S

exua

l Vio

lenc

e in

Situ

atio

ns o

f Arm

ed

Confl

ict,

follo

win

g th

e ef

forts

of t

he c

ount

ry

on th

is th

eme,

suc

h as

the

deve

lopm

ent o

f a

plan

of a

ctio

n, th

e si

gnin

g of

com

mitm

ents

by

arm

y co

mm

ande

rs, t

he re

visi

on o

f the

Cod

e of

Co

nduc

t of t

he A

rmed

For

ces

of C

ôte

d’Iv

oire

(F

ACI)

incl

udin

g sp

ecifi

c pr

ohib

ition

s on

sex

ual

viol

ence

, the

form

atio

n of

the

FACI

on

viol

ence

in

situ

atio

ns o

f arm

ed c

onfli

ct, t

he c

reat

ion

of a

join

t mec

hani

sm w

ith U

NOCI

to m

onito

r al

lega

tions

of s

exua

l vio

lenc

e, e

tc.

Bills

pen

ding

:Dr

aft C

rimin

al C

ode

incl

udin

g th

e de

finiti

on a

nd

repr

essi

on o

f war

crim

es, w

hich

incl

ude

acts

of

sexu

al v

iole

nce

com

mitt

ed in

tim

es o

f arm

ed

confl

ict.

Adop

ted

law

:Pe

nal C

ode

Artic

les

121

and

122

Sexu

al O

ffens

es A

ct

Crim

inal

izing

Sex

ual V

iole

nce

2013

Adop

ted

law

:Co

nstit

utio

n of

May

7, 2

010

Artic

les

5, 6

and

8

Pena

l Cod

e 20

16 A

rticl

es 1

94,

789

and

792

Decr

ee D

/ 20

11/2

89 /

PRG

/ SGG

of 2

8 No

vem

ber 2

011

on th

e Co

de o

f Con

duct

of t

he

Defe

nse

Forc

es

Decr

ee D

/ 29

3 of

201

2

Decr

ees

esta

blis

hing

the

DIH

Offic

es in

the

arm

ed fo

rces

an

d se

curit

y

Bills

pen

ding

:Dr

aft l

aw o

n te

rroris

m

Adop

ted

law

:La

w o

n th

e Am

endm

ent o

f the

La

w o

n Ra

pe o

f 200

6

Natio

nal m

easu

res:

Esta

blis

hmen

t in

2008

of t

he

Gend

er V

iole

nce

Unit

in th

e M

inis

try o

f Wom

en’s

Affa

irs

and

Deve

lopm

ent

Open

ing

of a

Crim

inal

Cou

rt E

- a c

rimin

al c

ourt

room

ex

clus

ivel

y de

dica

ted

to th

e pr

osec

utio

n of

sex

ual c

rimes

.


Mal

iNi

ger

Nigé

riaSé

néga

lSi

erra

Leo

neTo

go

Adop

ted

law

:La

w N

o. 0

1-07

9 of

Aug

ust 2

0,

2001

am

ende

d by

Law

No.

20

05-4

5 of

Aug

ust 1

8, 2

005

and

Law

No.

201

6-39

of J

uly

7, 2

016

Chap

ter 3

War

Crim

esAr

ticle

31

(b) (

c) (i

) 21

°,22

° a

nd A

rticl

e 32

Adop

ted

law

:La

w n

° 2

003-

025

of J

une

13th

, 200

3 m

odify

ing

the

law

n

° 61

-27

of J

uly

15th

, 196

1,

inst

itutin

g th

e Pe

nal C

ode,

Sp

ecia

l Offi

cial

Jou

rnal

n °

4

of A

pril

7th,

200

4Se

ctio

n 3

- War

Crim

esAr

t 208

. 3 2

) 3) 9

)Ar

t 208

. 4

Adop

ted

law

: Th

e Cr

imin

al C

ode

(whi

ch a

pplie

s in

the

Sout

h), t

he P

enal

Cod

e (in

the

North

).

The

Anti

Tortu

re A

ct 2

017

defin

es to

rture

to

incl

ude

rape

and

sex

ual a

buse

.

The

VAPP

Act

201

5 in

clud

es a

mor

e co

mpr

ehen

sive

regu

latio

n of

sex

ual

viol

ence

. The

Act

is o

nly

appl

icab

le in

th

e FC

T an

d th

ree

othe

r Sta

tes

(Sta

tes

are

requ

ired

to a

dopt

the

Act i

nto

Stat

e la

ws)

.

The

Gene

va C

onve

ntio

n Ac

t 196

0 do

-m

estic

ates

sel

ecte

d pr

ovis

ions

of t

he

Four

Gen

eva

Conv

entio

ns, n

amel

y th

ose

rela

ting

to g

rave

bre

ache

s (s

erio

us v

io-

latio

ns o

f IHL

app

licab

le in

IAC)

.

The

Arm

ed F

orce

s Ac

t pro

hibi

ts a

cts

of

sexu

al v

iole

nce

such

as

rape

and

defi

le-

men

t (se

xual

inte

rcou

rse)

of a

girl

und

er

the

age

of s

ixte

en.

Adop

ted

law

:La

w N

o. 2

007-

02 o

f 12

Febr

u-ar

y 20

07 a

men

ding

the

Pena

l Co

deAr

ticle

431

-3 -

War

Crim

esAr

ticle

431

-6 -

(pen

altie

s)

Natio

nal m

easu

res:

Sene

gal a

dopt

ed th

e Na

tiona

l Ac

tion

Plan

for t

he im

plem

en-

tatio

n of

Uni

ted

Natio

ns S

ecu-

rity

Coun

cil R

esol

utio

n 13

25

(200

0) in

May

201

1.

Adop

ted

law

:La

w N

o. 7

of A

ugus

t 18,

200

5 on

Com

batin

g Tr

affic

king

in

Hum

an B

eing

sSu

bsec

tions

2 (1

) and

(2)

Artic

le 2

(3)

Adop

ted

law

:La

w N

o. 2

015-

10 o

f 24

Nove

mbe

r 201

5 on

the

new

Pe

nal C

ode

Artic

le 1

45 ..

. 2) 3

)Ar

ticle

146

... 1

) 12)

16)

Artic

le 1

47 (1

) (2)

(10)

(15)

Ar

ticle

148


6. PROTECTION OF HEALTH CARE AND THE EMBLEM

The section on protection of health care and the Emblem set out the following strategies/activities: 1) integrate

and enforce measures set out in IHL and IHRL instruments on the respect and protection of health care in

domestic legal frameworks; 2) enact specific legislative and regulatory measures to prevent and criminalize

misuse of the Movement’s emblems as set out in the Geneva Conventions and their Additional Protocols; 3)

Scrutinize the doctrines, standard operational procedures, trainings, and practices of security operations to

ensure access and delivery of health care is protected in all instances; 4) governmental organs work with

medical ethics bodies to investigate and discipline erring medical professionals and sensitizing the public

on medical ethics and respect of the right of all to access health care, without discrimination, at all times; 5)

establish national data collection mechanisms/ frameworks for documenting incidents of violence against

the sick and wounded, healthcare personnel, facilities and transport. Also, promote research and reporting

on the public health impact of such occurrences.

SECTION F OF THE ECOWAS IHL POA: PROTECTION OF HEALTH CARE AND THE RED CROSS AND RED CRESCENT

Protection of Health Care and the Red Cross and Red Crescent



1. Integrate and enforce measures set out in IHL and IHRL instruments on the respect and protection of health care in domestic legal frameworks

2. Enact specific legislative and regulatory measures to prevent and criminalize misuse of the Movement’s emblems as set out in the Geneva Conventions and their Additional Protocols

3. Scrutinize the doctrines, standard operational procedures, trainings, and practices of security operations to ensure access and delivery of health care is protected in all instances

4. Governmental organs work with medical ethics bodies to investigate and discipline erring medical professionals and sensitizing the public on medical ethics and respect of the right of all to access health care, without discrimination, at all times

5. Establish national data collection mechanisms/ frameworks for documenting incidents of violence against the sick and wounded, healthcare personnel, facilities and transport. Also, promote research and reporting on the public health impact of such occurrences.

a. Legislation and measures ensure the respect and protection of health care in armed conflicts and in other situations of violence;

b. Legislation and measures prevent the misuse of the emblems;

c. Number of judicial procedures relating to violations of laws protecting healthcare and/or the emblems

d. Operating procedures protecting access and delivery of health care during security operations are included in templates for all security operations

e. Number of disciplinary proceedings by medical boards for discrimination in health care delivery

f. Number of public disseminations on respect for health care access for all

g. Data collection mechanisms of all violent or discriminatory acts against health care recipients, personnel, facilities, or transportation

Legislative, executive, and judicial branches of the government


Relevant ministries including Ministries of Justice, Health, and Defense

Security forces and their strategic planning units

Medical ethics boards and other similar bodies monitoring the practices of health care workers

Health care personnel, recipients, and community stakeholders

Gazetted legislation

National policies

Judicial decisions

Reports from healthcare providers and organizations working in the field

Copies of operating procedures and military doctrines approved for specific operations

Reports of meetings of medical ethics bodies, and copies of disciplinary decisions

Dissemination materials and follow up surveys in local communities

Reports of attacks, abuse, or discrimination against health care personnel, recipients, facilities, or transport

2019-2022


The moderator was Dr. Jean-Francois Queguiner ICRC Abuja-Deputy Head of Delegation. The lead reviewer

was Mrs. Antoinette Oche-Obe, Deputy Director, International and Comparative law Dept, Ministry of Justice,

Nigeria, and the technical expert was Precious Eriamiatoe, ICRC-Abuja, Legal Adviser.

The lead reviewer, Mrs. Oche-Obe, set out the Nigerian laws protecting access to health care in times of

conflict with reference to the Nigerian Constitution and Health Care Act, and the current effort to create a

new law with additional protections.22 Nigeria also recently passed legislation on compulsory treatment for

gunshot injuries, but it had yet to be integrated properly through disseminations to the public and medical

professionals.23 Nigeria has been training health care workers to provide care impartially, and training for

security forces on the right of access to health care by all people. She gave the example of the Medical and

Dental Association of Nigeria, and the code of ethics guiding the members. The plight of health care workers

in conflict was raised, with non-state actors not acting in conjunction with the law. On the issue of protection

of the Emblem, she spoke of the Nigerian Red Cross Society Act that criminalizes improper use.24

Ghana stated that ICRC disseminations to the public on the Emblem were indeed useful and necessary. He also

asked if the ICRC used escorts in their field work. Senegal stated that those attacking healthcare workers were

attacking them, and the ICRC, deliberately, to prevent the provision of aid. He promoted more sensitization

on the Emblem.

The ICRC expert, Ms. Eriamiatoe, confirmed the lack of escorts for ICRC, with the Emblem serving as the only

protection. She stressed the need for states to disseminate knowledge on the Emblem to all levels of society,

and include the necessary protections for the Emblem in the domestic legal systems. The Geneva Conventions

and their Additional Protocols require this of all States Parties. Looking to the issue of sanctioning of

healthcare personnel who did not provide required aid, Ms. Eriamiatoe focused on the necessary sensitization

for all health care workers, who would be breaking national and international laws by refusing health care

on discriminatory grounds. The representative from Mali called for all countries to fight discrimination in

delivery of health care.

Ghana asked several questions, with the first relating to when patients could not consent to treatment, the

second on how ICRC dealt with government attacking the Emblem, finally asking if the Emblem served as

protection in situations of genocide. Ms. Eriamiatoe responded that the Emblem always protects during

armed conflicts, and no party could legally ignore the protection afforded by the Emblem. However, the

reality of the protection afforded by the Emblem depended on the actors in the armed conflict, and the

ICRC worked hard to ensure all parties to the conflict understood and accepted the neutral and impartial

humanitarian role of the ICRC. On the issue of consent, Ms. Eriamiatoe stated this was a general issue of

medical ethics, but she stated that most doctors knew how to make the judgment on necessary treatment, in

situations where consent could not be received from the patient.

Niger raised a grammatical point on using action verbs for the strategies in this section. On the indicators, he

proposed they should match the strategies with their numbering. This was submitted to the secretariat for

consideration. The MS participants then voted on the section, and it was validated in principle.

22 Constitution of the Federal Republic of Nigeria, Sec. 17. Nigerian Health Act of 2014. Cap. G3 LFN 2004 implemented the Geneva conventions, but now is to be repealed for enactment of the Geneva Conventions and Additional Protocols Bill, 2018.

23 Compulsory Treatment and Care for Victims of Gunshot Act (2017) has passed but has not been gazetted.24 Nigerian Red Cross Society Act, 1 January 1961, Section 8 of the Act provides for conditions of use of the emblem of the

Red Cross and Red Crescent. This Act also provides sanctions for abusive use of the emblem and perfidy.


COM

PARA

TIVE

TAB

LE 7

: NAT

IONA

L LE

GISL

ATIO

N ON

THE

PRO

TECT

ION

OF T

HE E

MBL

EM IN

WES

T AF

RICA

Beni

nBu

rkin

a Fa

soCa

po V

erde

Côte

d’Iv

oire

The

Gam

bia

Ghan

aGu

inea

Guin

ea-B

issa

uLi

beria

Mal

iNi

geria

Legi

slat

ion

adop

ted:

Law

n°

200

4-06

of

11 M

ay 2

004

conc

erni

ng

use

and

prot

ectio

n in

th

e Re

publ

ic

of B

enin

of

the

nam

e an

d em

blem

of t

he

Red

Cros

s an

d Re

d Cr

esce

nt.

Legi

slat

ion

adop

ted:

Law

n°

059

-200

3/AN

of 2

3 Oc

tobe

r 20

03 c

once

rnin

g th

e us

e an

d pr

otec

tion

of

the

Red

Cros

s em

blem

and

Re

d Cr

esce

nt in

Bu

rkin

a Fa

so.¨

Decr

ee n

° 26

2 of

9 J

uly

1962

re

cogn

isin

g th

e Na

tiona

l So

ciet

y of

the

Red

Cros

s as

a

publ

ic in

tere

st

orga

nisa

tion.

Dr

aft l

egis

latio

n pe

ndin

g: D

raft

bill

auth

orizi

ng

ratifi

catio

n of

Add

ition

al

Prot

ocol

III t

o th

e Ge

neva

Co

nven

tions

on

the

Red

Crys

tal

adop

ted

by

the

Tran

sitio

n Na

tiona

l Cou

ncil

in J

une

2015

.

Draf

t leg

isla

tion

pend

ing

: Bill

on

the

prot

ectio

n of

the

Red

Cros

s an

d Re

d Cr

esce

nt

embl

em (2

014)

pr

ovid

es a

lega

l fra

mew

ork

to

puni

sh a

busi

ve

use

of e

mbl

ems

in s

ituat

ion

of

arm

ed c

onfli

ct.

Bill

on th

e st

atus

of

the

Cabo

Ve

rdea

n Re

d Cr

oss

(201

4),

whi

ch s

eeks

to

inte

grat

e th

e na

tiona

l soc

iety

as

an

auxi

liary

to

Gov

ernm

ent.

Legi

slat

ion

adop

ted:

Dec

ree

n° 6

3-16

9 of

18

Apr

il 19

63

reco

gnis

ing

the

publ

ic s

ervi

ce

prov

ided

by

the

Ivoi

rian

Red

Cros

s.Dr

aft l

egis

latio

n pe

ndin

g: D

raft

Bill

on u

se a

nd

prot

ectio

n of

the

embl

em p

endi

ng

at th

e M

inis

try

of J

ustic

e (2

003)

. Am

ong

othe

rs, t

his

draf

t bill

defi

nes

cond

ition

s of

in

dica

tive

and

prot

ectiv

e us

e of

the

embl

em

and

prov

ides

sa

nctio

ns fo

r m

isus

e of

the

embl

em a

nd

perfi

dy.

Legi

slat

ion

adop

ted:

Ge

neva

Co

nven

tions

ar

e in

tern

alis

ed in

th

e la

ws

sinc

e 20

09, a

nd

this

incl

udes

pr

otec

tion

of

the

embl

ems.

Legi

slat

ion

adop

ted:

Red

Cr

oss

Embl

em

(Con

trol)

Act,

1973

, NRC

D 21

6 re

gula

tes

the

use

of th

e Re

d Cr

oss

embl

em a

nd

prov

ides

pe

nalty

for i

ts

mis

use.

Gh

ana

Red

Cros

s So

ciet

y Ac

t 19

58 m

akes

pr

ovis

ion

for

the

stat

us a

nd

cons

titut

ion

of th

e Gh

ana

Red

Cros

s So

ciet

y.

Legi

slat

ion

adop

ted:

Ac

t n°

L95/

010/

CTRN

/95

of 9

May

19

95 o

n th

e us

e an

d pr

otec

tion

of th

e Gu

inea

n Re

d Cr

oss

embl

em a

nd n

ame.

Ar

ts. 1

0 an

d 11

pu

nish

abu

ses

of th

e Re

d Cr

oss

embl

em

durin

g pe

ace

time

and

arm

ed c

onfli

ct.

Ordi

nanc

e n°

006

/PR

G/86

of 1

5 Ja

nuar

y 19

86

esta

blis

hing

the

Guin

ean

Red

Cros

s.

The

Ordi

nanc

e cr

eate

s th

e Gu

inea

n Re

d Cr

oss

base

d on

the

Gene

va

Conv

entio

ns a

nd

reco

gnis

es th

e Gu

inea

n Re

d Cr

oss

as a

vol

unta

ry re

lief

soci

ety,

auto

nom

ous

and

auxi

liary

to

publ

ic a

utho

ritie

s th

at c

an c

arry

out

its

activ

ities

thro

ugho

ut

the

natio

nal t

errit

ory.

Draf

t Leg

isla

tion

pend

ing:

Dra

ft bi

ll on

the

prot

ectio

n of

th

e Re

d Cr

oss

embl

em (2

013)

pr

otec

ting

Red

Cros

s an

d Re

d Cr

esce

nt

embl

em a

nd

prov

idin

g a

lega

l fra

mew

ork

to

puni

sh a

busi

ve

use

of e

mbl

ems

in s

ituat

ions

of

arm

ed c

onfli

ct

Legi

slat

ion

adop

ted:

Lib

eria

Na

tiona

l Red

Cr

oss

Soci

ety

(LNR

CS)

reaf

firm

atio

n Ac

t, Au

gust

21,

200

8,

give

s in

stru

ctio

n to

nat

iona

l civ

ilian

an

d m

ilita

ry

auth

oriti

es

on th

e us

e of

th

e di

stin

ctiv

e em

blem

s in

ac

cord

ance

w

ith th

e Ge

neva

Co

nven

tions

and

th

eir A

dditi

onal

Pr

otoc

ols.

It a

lso

prov

ides

for t

he

nece

ssar

y pe

nal,

adm

inis

trativ

e an

d di

scip

linar

y sa

nctio

n in

cas

es

of m

isus

e.

Legi

slat

ion

adop

ted:

Act

n°

09-

018

of

26 J

une

2009

re

gard

ing

the

use

and

prot

ectio

n of

th

e em

blem

and

na

me

of th

e Re

d Cr

oss

and

Red

Cres

cent

in M

ali.

How

ever

ther

e is

no

t yet

a d

ecre

e fo

r its

app

licat

ion.

Decr

ee n

° 12

3 of

13

Sept

embe

r 19

65 re

cogn

isin

g th

e M

alia

n Re

d Cr

oss

as a

pu

blic

inte

rest

or

gani

satio

n.De

cree

n°

6 of

17

Janu

ary

1966

am

endi

ng

Decr

ee 1

23 a

nd

reco

gnis

ing

the

Mal

ian

Red

Cros

s as

a v

olun

tary

aid

so

ciet

y, as

sist

ing

the

publ

ic

auth

oriti

es a

nd

publ

ic s

ervi

ce.

CAP.

G3 L

.F.N

2004

Gen

eva

Conv

entio

ns

Act s

ec. 1

0 st

ates

that

th

e pr

otec

tive

embl

ems

of th

e Re

d Cr

oss

and

Red

Cres

cent

m

ust b

e us

ed

excl

usiv

ely

by a

utho

rised

in

divi

dual

s an

d or

gani

satio

ns

for

hum

anita

rian

purp

oses

. It

is a

crim

inal

of

fenc

e fo

r an

y in

divi

dual

to

fals

ely

and

fraud

ulen

tly

wea

r or d

ispl

ay

the

Red

Cros

s em

blem

an

ywhe

re in

Ni

geria


7. IHL AND COUNTER-TERRORISM

The section on counter-terrorism set out the following strategies/activities: 1) ensure domestic legal

frameworks related to counter-terrorism do not overlap or contradict IHL by prohibiting conduct which is

lawful under IHL, creating legal confusion, and adversely affecting the underlying principles of IHL; 2) ensure

humanitarian actors are able to conduct their non-discriminatory protection and assistance activities without

the threat of prosecution or harassment by the government, security forces, or general population.

SECTION G OF THE ECOWAS IHL POA: COUNTER-TERRORISM

Counter-Terrorism



1. Ensure domestic legal frameworks related to counter-terrorism do not overlap or contradict IHL by prohibiting conduct which is lawful under IHL, creating legal confusion, and adversely affecting the underlying principles of IHL

2. Ensure humanitarian actors are able to conduct their non-discriminatory protection and assistance activities without the threat of prosecution or harassment by the government, security forces, or general population.

a. Legislation on counter-terrorism that do not overlap or contradict IHL

b. Judicial decisions correctly interpreting counter-terrorism laws and IHL not creating legal confusion, and adversely affecting the underlying principles of IHL

c. Humanitarian workers carry out activities without adverse reactions from the State

d. The civilian population and security forces understand the importance of nondiscriminatory provision of assistance to vulnerable populations.


Relevant Minis-tries including Ministries of Justice, Defense and Interior


Specialized military and paramilitary forces

Gazetted legislation and regulations;

Judicial decisions

Reports from humanitarian organizations following protection or assistance activities

Reports from discussions with community groups and security forces

2019-2023

The moderator was Mr. Oluwafisan Bankale, Small Arms Division Programme Officer from the ECOWAS

Commission Peace Keeping and Regional Security Directorate. The lead reviewer was Mr. Modibo Sacko,

Technical Adviser Ministry of Justice, Mali, and the technical expert was Rochus Peyer, ICRC Legal Adviser,

Abuja.

Mr. Sacko opened the session by speaking about the terrible consequences of terrorist acts, both for the

security of the people, and the soul of the affected country. Globalization has aided the transnational nature

of terrorism, and countries are seeing that they must work together to combat the threat. Looking at the

legal aspect of counter-terrorism and IHL, he stated that despite a lack of definition for terrorism in IHL,

most acts generally regarded as terroristic acts are forbidden under IHL. He explained that most terrorist acts

taking place in time of peace would be violations of IHL, and qualify as war crimes, if they were committed

in an armed conflict. IHL’s principle of distinction works to protect civilians from deliberate attacks, and it

prohibits taking hostages as well. In Mali, the fight against terrorism takes place in the context of an armed

conflict, and it was necessary to promulgate laws to deal with this threat. Mali has passed laws criminalizing

acts of terrorism, prohibiting financing terrorism, and setting up specialized judicial services centralized in


Bamako to deal with cases related to terrorism.25 He concluded by assuring the participants that Mali has

training for its defense and security forces on IHL and the fight against terrorism.

The ICRC expert, Mr. Peyer, stated that ICRC condemns all acts of violence which are indiscriminate and aim

at spreading terror among the civilian population. He stressed the fact that IHL safeguards, when looking

at issues such as treatment of detainees, remain applicable in times of armed conflict whether counter-

terrorism laws are in place or not. In the ICRC’s view, IHL offers an adequate legal framework to regulate the

fight against terrorism when it takes the form of an armed conflict. Accordingly, domestic counter-terrorism

laws should be drafted in a way that they do not negate IHL. He also addressed the risk that vague or overly

broad prohibitions in counter-terrorism laws hamper or even lead to the criminalization of the delivery of

impartial humanitarian assistance. MS were thus advised to include and enforce humanitarian exemptions

in their counter-terrorism legislation. This would ensure that humanitarian actors were not prosecuted for

providing impartial assistance. He advised on the availability of certain legal sources to draw from as MS

developed their legislation on the issue such as the AU Anti-terrorism Model Law.26 The MS voted to validate

the section.

Section J of the Action Plan was validated by the MS following these presentations. Due to time considerations,

considering the agenda of the Annual Meeting, and in order not to fall behind for the day, the MS chose to

continue their discussions in bilateral exchanges.

8. USE OF FORCE IN LAW ENFORCEMENT

The section on use of force in law enforcement set out the following strategies/activities: 1) ensure legislation,

procedures and policies regulating use of force provide adequate safeguards in line with IHRL, IHL and

Domestic Law; 2) initiate training and capacity-building of security officials in accordance with international

rules and standards, including teaching of police ethics, human rights and correct use of force considering

legality, necessity and proportionality; 3) provide security officials with non-lethal weapons highlighting

adverse effects on health to ensure a differentiated use of force, and penalize all excessive use of force

25 Loi N° 08-025 du 23 July 2008 portant répression du terrorisme au Mali (criminalizing different acts of terrorism). Loi N° 0008 du 17 March 2016 portant Loi uniforme relative à la lutte contre le blanchiment de capitaux et le financement du terrorisme (criminalizing the financing of terrorism). Loi N° 01-080 du 20 August 2001 portant Code de Procédure Pénale modifiée le 21 May 2013 (mandating a judicial center specializing in the fight against terrorism, and transnational crime.)

26 The AU Anti-terrorism Law, Final draft as endorsed by the 17th ordinary session of the Assembly of the Union, Malabo, 30 June – 1 July 2011. (AU Anti-terrorism Model Law)


SECTION H OF THE ECOWAS IHL POA: USE OF FORCE IN LAW ENFORCEMENT

Use of Force in Law Enforcement

Strategies / Activities Success Indicators

Responsible Institution


1. Ensure legislation, procedures and policies regulating use of force provide adequate safeguards in line with IHRL, IHL and Domestic Law

2. Initiate training and capacity-building of security officials in accordance with international rules and standards, including teaching of police ethics, human rights and correct use of force considering legality, necessity and proportionality.

3. Provide security officials with non-lethal weapons highlighting adverse effects on health to ensure a differentiated use of force, and penalize all excessive use of force

a. Legislation is passed enshrining the limits on the use of force in law enforcement, and implemented at the relevant levels of law enforcement

b. Number of officials trained in police ethics, human rights and alternatives to the use of force

c. Reduction in the amount of firearm use by law enforcement, and complaints of excessive force.

d. All illegal use of force is penalized by the appropriate law enforcement mechanisms, and the judiciary


Relevant Ministries including Ministries of Justice, Defense and Interior

Law enforcement agencies



Training reports, list of participants, and evaluations

Training manuals or modules for specialization training

Judicial and law enforcement agency decisions on use of force cases

Statistics on firearm use, and excessive force complaints

2019-2022

The lead reviewer on the use of Force in law Enforcement, was Mr. Mamadouba Keita, Executive Director,

Justice Reform and Cooperation Program, Ministry of Justice, Guinea Conakry, and the technical expert was

Pietro Tilli, ICRC-Abuja Regional Police and Security Forces Delegate.

Mr. Keita opened on the first point in the relevant section of the POA, stating that the referenced legal

frameworks regulating use of force, which provide adequate safeguards, would need to be domesticated to

ensure appropriate protection in line with IHRL, IHL and Domestic Law. He added that the legislative process

would need to be inclusive of many different stakeholders, including government and civil society, among

others. He gave the example of Guinea, where there are laws addressing proportionality and promoting

policies of non-violent interventions. Looking at the second activity in the POA section -training and

capacity-building of security officials - he gave the example of Guinea which regularly organized training

and capacity building on IHL and IHRL for the gendarmerie and police. On the third element regarding non-

lethal weapons, as weapons other than firearms, he suggested other options like tear gas. The principle of

necessity was also raised and Mr. Keita stressed that security officials needed to understand that they would

be held responsible if they did not act within the bounds of necessity.27

Ghana raised the challenge of law enforcement in all situations, stating that security forces would need to go

on the offensive in certain situations. Cote d’Ivoire asked Mr. Keita to share Guinea’s experience dealing with

the sanctions for non-compliance. Mali asked for clarification on why this section was restricted to one side

in the conflict. Niger asked about the division of responsibility between the forces on the ground, and those

27 See Universal Declaration of Human Rights, Art. 3; International Covenant on Civil and Political Rights, Art. 6; African Charter on Human and Peoples’ Rights, Art. 4.


giving orders. Niger also asked the participants to consider changing “correct use of force” to “excessive

force”.

Mr. Keita responded by addressing the issues of liability of the person who gives the orders, and the

person who executes them. He confirmed that in Guinea the responsibility for the illegal order lay with the

commander, but also with the one who executed the illegal order. He also insisted that commanders still

have the responsibility to monitor their troops. On the issue of the respective roles of the defense forces and

security forces, he pointed out by way of illustration that in Guinea, the armed forces could be integrated as

security forces, and had participated in the operations of the security forces. within ECOMOG.

The ICRC expert, Mr. Tilli, then tried to distinguish between the use of force in peace-building missions and

the use of force in law enforcement operations in connection with internal security issues. Mr. Tilli then

reminded participants that all members of the police and military have received training on the use of force,

which is a requirement for the military and security forces. However, he indicated that there is still a need to

update training on the use of force, as the reminders of the law are still useful, especially for those who have

served in the armed forces for many years. years. In response to Togo’s question, Mr. Tilli spoke about the

internal mechanisms of accountability.

Section K of the POA was validated.


COM

PARA

TIVE

TAB

LE 8

: DIS

SEM

INAT

ION

AND

INTE

GRAT

ION

OF IH

RL A

ND H

UMAN

ITAR

IAN

PRIN

CIPL

ES IN

POL

ICE

AND

SECU

RITY

FOR

CES

IN W

EST

AFRI

CA

Ghan

aGu

inea

Mal

iNi

ger

Nige

riaSe

nega

l

Prog

ram

s: IH

L tra

inin

g co

urse

s fo

r Pol

ice

pers

onne

l are

or

gani

sed

on a

n ad

hoc

bas

is.

Legi

slat

ion

adop

ted:

Ord

er n

° 82

2S/C

AB/2

004/

DRH

esta

blis

hing

a

Hum

an R

ight

s an

d IH

L Bu

reau

with

in th

e M

inis

try o

f Def

ence

.

Orde

r n°

1186

3/M

IS/D

NSP/

DPFP

/93

of 1

5 De

cem

ber 1

993,

ap

poin

ting

a Di

rect

or o

f IHL

edu

catio

n w

ithin

the

Secu

rity

Serv

ices

.

Orde

r n°

821S

/CAB

/200

4/DR

H, c

reat

ing

an IH

L an

d Hu

man

Rig

hts

Offic

e re

spon

sibl

e fo

r pro

mot

ing

and

coor

dina

ting

IHL

and

hum

an

right

s te

achi

ng w

ithin

Sec

urity

Ser

vice

s, a

s w

ell a

s di

ssem

inat

ion

rega

rdin

g th

e pr

inci

ples

of t

he R

ed C

ross

and

Red

Cre

scen

t M

ovem

ent.

In a

dditi

on, t

he O

ffice

is ta

sked

with

offe

ring

an

advi

sory

ser

vice

for q

uest

ions

with

in it

s co

mpe

tenc

e, a

nd to

wor

k on

impl

emen

tatio

n of

IHL

and

hum

an ri

ghts

with

in th

e Se

curit

y Se

rvic

es.

Law

n°

2015

/009

/AN

of 4

Jun

e 20

15 o

n Pu

blic

Ord

er L

aw

Enfo

rcem

ent c

once

rnin

g th

e m

aint

enan

ce o

f pub

lic o

rder

in th

e Re

publ

ic o

f Gui

nea.

Thi

s la

w a

ims

to e

stab

lish

a ba

lanc

e be

twee

n th

e en

joym

ent o

f rig

hts

and

freed

oms

and

resp

ect f

or p

ublic

ord

er.

It al

so a

utho

rises

sec

urity

forc

es to

use

forc

e an

d fir

earm

s in

ac

cord

ance

with

the

law

and

pro

porti

onal

ly to

the

thre

at fa

ced.

Decr

ee n

° D/

98/1

5/PR

G/SG

G of

11

Augu

st 1

998

on N

atio

nal

Polic

e Co

de o

f Eth

ics.

Thi

s de

cree

app

lies

to p

olic

e of

ficer

s an

d th

e Re

publ

ican

Gua

rd a

nd re

quire

s th

e Po

lice

to fu

lfil i

ts m

issi

on

in s

trict

obs

erva

nce

of th

e Un

iver

sal D

ecla

ratio

n of

Hum

an R

ight

s,

the

Cons

titut

ion

and

inte

rnat

iona

l con

vent

ions

and

law

s. It

als

o lis

ts

the

gene

ral d

utie

s of

pol

ice

offic

ers

and

sets

out

the

oblig

atio

n fo

r th

ese

forc

es to

obe

y an

d to

repo

rt to

thei

r com

man

d.

Prog

ram

s: D

isse

min

atio

n se

ssio

ns a

re jo

intly

org

anis

ed b

y th

e Hu

man

Rig

hts

Bure

au o

f the

Min

istry

of I

nter

nal A

ffairs

and

the

ICRC

in p

olic

e ac

adem

ies

and

units

, on

resp

ect f

or h

uman

righ

ts

durin

g th

e co

urse

of l

aw e

nfor

cem

ent o

pera

tions

, arre

sts

and

dete

ntio

n, a

nd is

des

igne

d fo

r law

enf

orce

men

t offi

cers

.

Legi

slat

ion

adop

ted:

The

Co

de o

f Con

duct

of M

ali’s

de

fenc

e an

d se

curit

y fo

rces

stip

ulat

es th

at

the

defe

nce

and

secu

rity

forc

es m

ust r

ecei

ve

appr

opria

te tr

aini

ng in

IH

L an

d Hu

man

Rig

hts

(Art.

21)

.

Prog

ram

s: D

isse

min

atio

n an

d tra

inin

g se

ssio

ns o

n IH

RL a

nd h

uman

itaria

n pr

inci

ples

at m

ilita

ry

acad

emie

s an

d ce

ntre

s of

inst

ruct

ion

are

join

tly

orga

nise

d on

a re

gula

r ba

sis

by th

e IC

RC a

nd th

e Ge

nera

l Chi

ef o

f Def

ence

, fo

r ran

king

offi

cers

, no

n-co

mm

issi

oned

and

co

mm

issi

oned

offi

cers

.

Diss

emin

atio

n an

d tra

inin

g pr

ogra

mm

e on

IH

L an

d th

e pr

otec

tion

of

wom

en a

nd c

hild

ren

is

finan

ced

by U

NWom

en

and

exec

uted

by

the

IHL

divi

sion

of G

ener

al C

hief

of

Def

ence

.

Prog

ram

s: In

201

6, th

e Po

lice

and

Gend

arm

erie

of

Nig

er, w

ith s

uppo

rt of

the

ICRC

, org

anis

ed

two

wor

ksho

ps, i

n Ni

amey

(Feb

ruar

y) a

nd

Mar

adi (

Augu

st) o

n th

e re

spec

t of i

nter

natio

nal

stan

dard

s in

law

en

forc

emen

t ope

ratio

ns,

spec

ifica

lly o

n us

e of

forc

e an

d fir

earm

s du

ring

arre

st, p

olic

e cu

stod

y an

d pu

blic

ord

er

man

agem

ent.

Prog

ram

s: F

ollo

win

g a

Mem

oran

dum

of

Unde

rsta

ndin

g si

gned

in

early

201

6, d

isse

min

atio

n se

ssio

ns a

re jo

intly

and

re

gula

rly o

rgan

ised

by

the

Nige

ria P

olic

e Fo

rce

and

the

ICRC

Del

egat

ion

in p

olic

e tra

inin

g fa

cilit

ies

and

units

, on

bes

t pra

ctic

es fo

r the

re

spec

t of i

nter

natio

nal r

ules

an

d st

anda

rds

for p

olic

ing.

The

Nige

ria P

olic

e Fo

rce

is

in th

e pr

oces

s of

revi

ewin

g its

For

ce O

rder

237

on

the

use

of fo

rce

and

firea

rms,

w

ith s

uppo

rt fro

m S

wis

s Go

vern

men

t, UN

ODC

and

the

ICRC

.

In 2

016,

the

Nige

ria P

olic

e Fo

rce

deve

lope

d th

e Ni

geria

Po

lice

Hum

an R

ight

s Tr

aine

rs’ G

uide

for P

olic

e St

aff C

olle

ge, M

obile

Pol

ice

Colle

ges,

Dep

artm

ent o

f Pe

acek

eepi

ng O

pera

tions

an

d Po

lice

Colle

ges.

The

Nige

ria P

olic

e Fo

rce

orga

nise

s pe

riodi

c tra

inin

g se

min

ars

on H

uman

Rig

hts

for P

olic

e In

stru

ctor

s.

Legi

slat

ion

adop

ted:

M

ilita

ry C

ode

of J

ustic

e La

w n

° 94

-44,

27

May

19

94 p

rovi

des

for t

he

repr

essi

on o

f var

ious

cr

imes

aga

inst

mili

tary

ho

nour

like

pill

age

com

mitt

ed b

y m

ilita

ry

and

para

mili

tary

forc

es

befo

re a

nd d

urin

g ar

med

co

nflic

ts.


9. ARMS CONTROL

The section on arms control set out the following strategies/activities: 1) harmonize domestic legal frameworks

with IHL instruments regulating weapons, including the ATT and ECOWAS Convention on Small Arms and

Light Weapons (SALW); 2) designate and mandate competent national authorities and focal points – such as

National Arms Control Committees and/or National Commission for the fight against the illicit proliferation

and circulation of Small Arms and Light Weapon – to foster, coordinate and report on the implementation of

IHL instruments regulating weapons; 3) establish and maintain national records of export authorization or

actual export of conventional arms; 4) establish national control systems regulating export, import, transit,

transshipment of, and brokering activities related to, conventional arms, and to regulate the exports of

related ammunition and parts and components.

SECTION I OF THE ECOWAS IHL POA: ARMS CONTROL

Arms control



1. Harmonize domestic legal frameworks with IHL instruments regulating weapons, including the ATT and ECOWAS Convention on Small Arms and Light Weapons (SALW)

2. Designate and mandate competent national authorities and focal points – such as National Arms Control Committees and/or National Commission for the fight against the illicit proliferation and circulation of Small Arms and Light Weapon – to foster, coordinate and report on the implementation of IHL instruments regulating weapons

3. Establish and maintain national records of export authorization or actual export of conventional arms

4. Establish national control systems regulating export, import, transit, transshipment of, and brokering activities related to, conventional arms, and to regulate the exports of related ammunition and parts and components

a. Legislation and measures regulating the use, transfer and brokering of weapons, their ammunition and other related materials in conformity with IHL and relevant treaties;

b. Active and efficient national authorities or focal point foster, coordinate and report on the implementation of IHL instruments regulating weapons

c. Effective national records of export authorization or actual export of conventional arms

d. Effective national control systems regulating export, import, transit, transshipment of, and brokering activities related to, conventional arms, and to regulate the exports of related ammunition and parts and components

Legislative and executive branches of government; National IHL Committees; SALW Committees; Relevant ministries including Ministries of Justice, Defense, and InteriorNational agencies of control and regulation of import and actual export of conventional weapons

Legislation, regulations and practice; Implementation reports submitted to the relevant treaty organs, Establishment instruments (e.g. decree or inter-ministerial order) of arms control national authorities and focal points Arms control national authorities and focal points’ activity reports and recommendations

2019-2023

The moderator, and technical expert, was Mr. Oluwafisan Bankale, Programme Officer, Small Arms Division,

ECOWAS Department of Political Affairs, Peace and Security. The lead reviewer was Commissioner Benoni

Knuckles from the Liberia National Commission on Small Arms.


Commissioner Knuckles began with a background on weapons circulation and use in Liberia. He remembered

that weapons were quite common in the country prior to 1980, but the 1980 coup resulted in an even greater

flood of weapons and ammunition into the country. This only worsened during the civil wars which ravaged

the country until the late 1990’s. The UN Security Council’s sanctions on sales of weapons to Liberia, and

the ECOWAS peacekeeping operation in Liberia helped set the basis for arms control in the country. Since

the end of the fighting, a lot was done to enforce arms control in Liberia, with a national commission set up,

ratification of the ECOWAS Convention on Small Arms and Light Weapons (SALW), and passage of a national

law.28

Liberia’s focus on arms control had remained strong, as it worked with ECOWAS to support the negotiations

of the Arms Trade Treaty (ATT), and was an early signatory to the treaty in 2013, with ratification following

in 2015. Now, Liberia was working on completing implementation of all major treaties, and expanding the

scope of its national commission on small arms to cover the ATT. Liberia was reviewing its law in order to

integrate principles and tenets of the ATT. The review would consider expansion of the scope and weapons

categories beyond small arms and light weapons. The ECOWAS Authorities in Abuja and national SALW

commissions in capitals were seeking to adapt their mandates to integrate the ATT. Utilizing the existing

ECOWAS arms importation exemption requirements as per the ECOWAS Convention, would fulfill expanded

ATT requirements once elements of scope and categories were integrated.

The discussion then opened, with participants discussing the trafficking of arms across borders, particularly

between Liberia and Guinea. The porous borders contributing to trafficking amongst other Mano River Union

countries, including Sierra Leone and Cote d’ Ivoire were also raised. The type of weapons being trafficked

tended to be crude home-made single-barrel pistols commonly used in armed robberies. More cooperation

between MRU member states, border communities, and amongst national commissions on arms was called

for by the participants. They also spoke of the need to develop a national arms marking and record keeping

regime, for tracking, tracing, and supporting responsible management of arms and ammunition. The section

of the POA was then validated.

COMPARATIVE TABLE 9: ARMS CONTROL IN WEST AFRICA

Benin Burkina FasoLegislation adopted:Decree n° 99-023 of 22 Jan-uary 1999, creates a National Authority for the implemen-tation of the Convention on Chemical Weapons of 1993.

Decree n° 2000-106 of March 9 2000 creates a National Commission against the Prolif-eration of Small Arms in Benin. The Commission was officially installed on 14 February 2003.

Legislation adopted:Ordinance n° 81-0001/PRES/CMRPN on Importation and Fabrication of gunpowder, car-tridge hunting weapons and war ammunitions in Haute Volta Republic.

Act n° 052.2009 of 3 December 2009 determining the Burkinabe courts’ jurisdiction and procedure for implementing the Rome Statute of the International Criminal Court, criminalises the use of asphyxiating, poisonous or other gases and all analogous liquids, materials or devices (Art. 19 Par 2 v).

Act n° 003-2006/AN of 14 March 2006 on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. It establishes prohibitions and controls regarding the use of these weapons and related chemical agents. Art. 2 provides for the definition of chemical weapons; Art. 3 - 5 deal with prohibition of activities relating to chemical weapons; Art. 7 - 10 provides for the authorisation needed for the use of prohibited substances.

Decree n° 2000-147 of 20 April 2000 establishes a National Authority for the implemen-tation of the Convention on Chemical Weapons.

Decree n° 2005-565 of 22 November 2005 provides for ratification of the Agreement on the privileges and immunities of the Organisation for the Prohibition of Chemical Weap-ons.

Decree n° 2008-324 of 09 June 2008 amending Decree n° 2000-147 of 20 April 2000 establishes a National Implementation Agency for the Convention on Chemical Weapons.

28 Liberia became a signatory to and ratified the ECOWAS Convention on Small Arms and Light Weapons in 2009. National Commission on Small Arms enacted into Law in 2012, but it was first established in 2006 by executive order. Firearms and Ammunition Control Act of 2015 passed into law.


Decree n° 2008-472 of 28 July 2008 appointing a Coordinator for the Technical Secretar-iat of the National Implementation Agency for the Convention on Chemical Weapons.

Decree n° 2001-180/PRES/PM/SECU of 2 May 2001 prohibiting anti-personnel mines in Burkina Faso.

Decree n° 2001-167 of 25 April 2001 on the creation, constitution, organisation and attri-butes of a National Commission for the Control of Light Weapons Proliferation CNLPAL.

Decree n° 2001-168 of 25 April 2001 appoints the Chairman of the CNLPAL.

Decree n° 2006-174 of 20 April 2006 on the constitution, attributes, organisation and operations of the CNLPAL.

Decree n° 2008-219 of 22 May 2008 appointing Permanent Secretary of the CNLPAL.

Decree n° 2001-635 of 30 November 2001 amending decree n° 2001-005 of 24 January 2001 on the institution of a High Authority for the Control of Weapons Importation and their Use (HACIAU) in Burkina Faso.

Decree n° 2002-008/PRES/PM of 30 May 2002 on the organisation and operation of the HACIAU.

Decree n° 2007-049/PRES/PM/DEF/MAECR/MFB 2007 on the makeup, attributes, organ-isation and operation of the HACIAU. Modified by Decree 2012-1032/PRES/PM/MDNAC/MAECR/MEF of 28 December 2012 which broadens the competency of the HACIAU.

Decree n° 2013-528/PRES/PM of 5 July 2013 on nomination of the Permanent Secretary of HACIAU.

Decree n° 2015-809/PRES-TRANS/PM modifying Decree n° 2002-556/PRES of 27 No-vember 2002 on delegation of Signatures.

Decree n° 2009-301/PRES/PM/SECU/MATD/MEF/DEF/MECV/MJ/MCPEA of 8 May 2009 regulating civilian weapons and ammunition in Burkina Faso.

Draft legislation pending:A Bill authorizing the ratifica-tion of the Convention on Clus-ter Munitions is under review at the Bills Commission of the National Assembly.

Draft legislation :Pre-draft bill on domestication of the Army Trade Treaty undertaken by the Permanent Secretariat of the HACIAU is being drafted by a multi-sectorial committee with legal and technical support from the European Union.

Pre-draft bill on arms regime to replace Decree undertaken by a multi-sectorial Commit-tee.

Protocol V to the CCW is in the process of being ratified after authorization by Transition National Council of June 2015.

Draft decree on arms, ammunitions, optical and other related material of Defence and security forces reform initiated by HACIAU.

Draft decree on civil arms regime in application of the Legislation on arms and ammuni-tions.


Mal

iNi

ger

Nige

riaSe

nega

l

Legi

slat

ion

adop

ted:

Ordi

nanc

e n°

07-

021/

P-RM

of 1

8 Ju

ly 2

007

on th

e im

plem

enta

tion

of th

e Ch

emic

al

Wea

pons

Con

vent

ion.

Ordi

nanc

e n°

00-

049/

P-RM

of 2

7 Se

ptem

ber

2000

on

the

impl

emen

tatio

n of

the

Otta

wa

Conv

entio

n an

d De

cree

n°

00-5

69/P

-RM

of 1

5 No

vem

ber 2

000

layi

ng d

own

the

proc

edur

es

for i

mpl

emen

ting

the

orde

r.

Decr

ee n

° 96

-304

/PRM

of 1

4 No

vem

ber

1996

est

ablis

hing

the

Natio

nal C

omm

issi

on

for t

he c

ontro

l of l

ight

wea

pons

pro

lifer

atio

n (C

NLPA

L).

Decr

ee n

° 08

-681

/P-R

M o

f 11

Nove

mbe

r 200

8 to

repe

al d

ecre

e n°

96-

304/

PRM

, stip

ulat

ing

the

oper

atio

nal p

roce

dure

s, a

ttrib

utes

, m

akeu

p, a

nd o

rgan

izatio

n of

the

CNLP

AL.

Decr

ee n

° 09

-543

/P-R

M o

f 8 O

ctob

er 2

009

esta

blis

hing

the

com

posi

tion

of th

e CN

LPAL

.

Legi

slat

ion

adop

ted

:

Act 2

004-

044

of J

une

2004

impl

emen

ts th

e Co

nven

tion

on th

e Pr

ohib

ition

of t

he U

se,

Stoc

kpili

ng, P

rodu

ctio

n an

d Tr

ansf

er o

f Ant

i-pe

rson

nel M

ines

and

on

thei

r Des

truct

ion.

Orde

r n°

94-1

85/P

RN o

f 28

Nove

mbe

r 19

94 e

stab

lishi

ng a

Nat

iona

l Com

mis

sion

fo

r the

Col

lect

ion

and

Cont

rol o

f Illi

cit A

rms

(CNC

CAI).

The

Nat

iona

l Com

mis

sion

was

m

odifi

ed b

y or

ders

n°

99-4

17/P

CRN

of 8

Oc

tobe

r 199

9 an

d n°

201

0-56

0/PC

SRD

of

22 J

uly

2010

reor

gani

sing

it a

nd b

road

enin

g its

man

date

to in

clud

e hu

man

itaria

n de

min

ing.

Othe

rs:

In 2

016,

a re

ques

t for

a 5

yea

r ext

ensi

on o

f th

e de

lay

to p

roce

ed to

the

dest

ruct

ion

of

anti-

pers

onne

l min

es in

the

terri

tory

of N

iger

pu

rsua

nt to

Art.

5 o

f the

Otta

wa

Conv

entio

n w

as a

ccep

ted.

Fire

arm

s Ac

t of 1

990

Legi

slat

ion

adop

ted:

The

Pena

l Cod

e cr

imin

alis

es in

fract

ions

in re

spec

t of t

he 1

980

Conv

entio

n on

Con

vent

iona

l Wea

pons

as

wel

l as

to it

s Pr

otoc

ols

I, II

and

III in

situ

atio

ns o

f arm

ed c

onfli

ct (A

rt. 4

31-5

).

The

Crim

inal

Cod

e sa

nctio

ns th

e us

e of

cer

tain

cat

egor

ies

of

clas

sica

l, in

cend

iary

wea

pons

, non

-Det

ecta

ble

fragm

ents

, use

of

min

es, b

ooby

-tra

ps a

nd o

ther

dev

ices

in a

rmed

con

flict

(Art.

431

-6).

Act n

° 20

06-3

6 of

16

Octo

ber 2

006

proh

ibiti

ng th

e Pr

oduc

tion,

St

ockp

iling

, and

Use

of C

hem

ical

Wea

pons

and

on

thei

r Des

truct

ion.

Decr

ee n

° 20

06-7

83 o

f 18

Augu

st 2

006

esta

blis

hing

the

Natio

nal

Com

mis

sion

for t

he im

plem

enta

tion

of th

e Co

nven

tion

on th

e Pr

ohib

ition

of t

he U

se, S

tock

pilin

g, P

rodu

ctio

n an

d Tr

ansf

er o

f Ant

i-pe

rson

nel M

ines

and

on

thei

r Des

truct

ion,

sig

ned

in O

ttaw

a on

5

Dece

mbe

r 199

7.

Act n

° 20

05-1

2 of

3 A

ugus

t 200

5 re

latin

g to

the

Proh

ibiti

on o

f Ant

i-pe

rson

nel M

ines

.

Decr

ee n

° 20

06-7

84 o

f 18

Augu

st 2

006

esta

blis

hing

the

Natio

nal

Min

e Ac

tion

Cent

re in

Sen

egal

(CNA

MS)

.

Orde

r n°

0095

43 o

f 20

Octo

ber 2

000

esta

blis

hing

the

Natio

nal

Com

mis

sion

for t

he C

ontro

l of I

llici

t Tra

de in

and

Pro

lifer

atio

n of

Sm

all

Arm

s an

d Li

ght W

eapo

ns (f

ollo

win

g th

e 19

98 E

COW

AS m

orat

oriu

m).

Draf

t leg

isla

tion

pend

ing:

Draf

t am

endm

ent t

o th

e W

eapo

ns A

ct (S

ALW

/Fi

rear

ms)

. In

Mar

ch 2

015,

CNP

AL a

nd U

NREC

of

ficia

lly s

ubm

itted

the

reco

mm

enda

tions

of

the

wor

ksho

ps o

n “T

he H

arm

onis

atio

n of

Mal

i’s

Legi

slat

ion

on S

mal

l Arm

s an

d Li

ght W

eapo

ns

with

the

ECOW

AS C

onve

ntio

n an

d In

tern

atio

nal

Stan

dard

s”, t

o th

e M

alia

n Au

thor

ities

.

Draf

t leg

isla

tion

pend

ing:

A dr

aft b

ill a

men

ding

the

Wea

pons

Act

is

curre

ntly

bei

ng d

iscu

ssed

at t

he N

atio

nal

Com

mis

sion

on

SALW

.

Draf

t leg

isla

tion

pend

ing:

The

Fire

arm

s Bi

ll 20

14 a

men

ds

the

Fire

arm

s Ac

t of 1

959

in

orde

r to

join

tly d

omes

ticat

e th

e EC

OWAS

Con

vent

ion

on S

ALW

an

d th

e AT

T.

Draf

t leg

isla

tion

pend

ing:

Draf

t bill

on

the

Wea

pons

and

Am

mun

ition

Act

(201

4).

Draf

t dec

ree

for t

he a

pplic

atio

n of

the

Wea

pons

and

Am

mun

ition

Act

(2

014)

.

Draf

t dec

ree

on th

e De

velo

pmen

t, Pr

oduc

tion,

Sto

ckpi

ling

and

Use

of

Chem

ical

Wea

pons

and

on

thei

r Des

truct

ion.

Draf

t bill

for t

he im

plem

enta

tion

of th

e Ar

ms

Trad

e Tr

eaty

, Mar

ch

2016

.


Sierra Leone Togo

Legislation adopted:

The Arms and Ammunition Act, 2012, regulating the use and ownership of weapons.


Decree n° 2001-098/PR of 19 March 2001 establishing a National Commission for the control of Illicit Trafficking, Trade in and Proliferation of Small Arms and Light Weapons.

The Penal Code adopted and entered into force in November 2015, criminalises the development, production, acquisition, stockpiling or conserving of chemical weapons, and the direct or indirect transfer of same (Arts. 563 to 565). The Cabinet, on 4 November 2015, decreed the establishment of the National Anti-Chemical Weapons Authority in Togo (ANIAC).

The Penal Code establishes the use of non-conventional weapons, an offence in all types of armed conflict (Arts. 560 to 575) and criminalises the development, fabrication, stocking, acquisition or conservation of bacteriological weapons (Arts. 560 to 562) as well as the use and development of cluster munitions (Arts. 576 to 579). Articles 554 to 559 partially implement the ECOWAS Convention on


Draft bill on the 1993 Chemical Weapons Convention, prepared by the legal drafting department of the Attorney General’s Office, which seeks to domesticate the Chemical Weapons Convention.

Draft bill on the Convention on Cluster Munitions (2008), is being prepared by Attorney General’s legal drafting office, which seeks to domesticate the Convention on Cluster Munitions.


Firearms and ammunitions bill. This draft bill aims at implementing different arms related treaties including the Arms Trade Treaty of 2013 and the ECOWAS Convention on SALW of 2006.


10. PENAL REPRESSION OF IHL VIOLATIONS

The section on penal repression of IHL violation set out the following strategies/activities: 1) harmonize

domestic legislation with IHL instruments for effective prevention, prosecution and punishment of IHL

violations; 2) ensure judicial guarantees reflected in IHL and IHRL are integrated in domestic legislation; 3)

integrate IHL in initial and periodic specialization trainings for judges, prosecutors, and other judicial actors;

4) take all measures to facilitate judicial cooperation between the competent authorities of Member States.

SECTION J OF THE ECOWAS IHL POA: PENAL REPRESSION OF IHL VIOLATIONS

Penal repression of IHL violations

Strategies / Activities Success Indicators

Responsible Institution


1. Harmonize domestic legislation with IHL instruments for effective prevention, prosecution and punishment of IHL violations

2. Ensure judicial guarantees reflected in IHL and IHRL are integrated in domestic legislation

3. Integrate IHL in initial and periodic specialization trainings for judges, prosecutors, and other judicial actors

4. Take all measure to facilitate judicial cooperation between the competent authorities of Member States

a. Criminal legislation harmonizing domestic law with IHL

b. Number of judges, prosecutors and other judicial actors trained on IHL

c. Number of judges, prosecutors and other judicial actors specialized in IHL

d. Number of IHL related prosecutions and judicial decisions upheld and respected


Relevant ministries including Ministries of Justice and Defense

National IHL committees

High Magistracy Council

National School of Administration and Magistracy

Bar association Military and paramilitary Schools


Training manuals or modules for initial and specialization trainings

IHL related judicial decisions

2019-2023

The Moderator was Myriam Raymond-Jette, ICRC Abidjan Regional legal Adviser. The lead reviewer was Mr.

Ngane Ndour, Deputy Director of Human Rights, Ministry of Justice, Senegal, and the technical expert was

Kany Elizabeth Sogoba, ICRC-Bamako Legal Adviser.

After presenting the section of the POA on repression, Mr. Ngane referred to the Senegalese legislation

integrated by the amended Penal Code and the Code of Criminal Procedure of 2007 on war crimes, but also

the crimes against humanity, genocide, offenses against the administration of justice of the International

Criminal Court (ICC) and the procedure applicable to Senegal’s cooperation with the ICC.29

He then chose to illustrate the repression of international crimes, particularly the obligation to prosecute

or extradite, with the example of Hissène Habre’s trial before the Extraordinary African Chambers (EAC) in

Senegal. He recalled that the EAC was created by an agreement between Senegal and the African Union to

consider genocide, crimes against humanity, war crimes and torture committed in Chad from June 7, 1982 to

December 1, 1990, and in accordance with Senegal’s international commitments.30 These were created within

29 Law No. 2007-05 of 12 February 2007 amending the Code of Criminal Procedure for the Implementation of the Rome Statute of the International Criminal Court; Law No. 06/2007 amending the Penal Code.

30 Agreement between the Government of the Republic of Senegal and the African Union on the creation of Extraordinary African Chambers in Senegalese Courts, 22 August 2012, available online: http://www.chambresafricaines.org/pdf/Accord%20UA-Senegal%20Chambres%20africaines%20extra%20Aout%202012.pdf .


the jurisdictions of Senegal - within the Regional Tribunal of Dakar, of the Dakar Court of Appeal.31 The EAC

was called upon to apply the Statute of the EAC, as well as the Senegalese law in cases not provided for in

the Statute. Senegal and Chad have also signed a judicial cooperation agreement under the EAC. Mr. Ngane

thus marked the experience that Senegal had acquired in judicial cooperation, but also the experience of the

Senegalese judiciary in prosecuting international crimes.

He then briefly returned to the context of the creation of the EAC recalling the talks that had been held at the

level of the African Union, but also the extradition requests filed by Belgium in Senegal, and the judgment

of the International Court of Justice (Belgium v. Senegal) in which the ICJ decided that Senegal should

immediately submit the case of Hissène Habre to its competent authorities for the purposes of criminal

proceedings, if it did not extradite him.32

Ms. Sogoba went on to stress that the criminal prosecution of violations committed during an armed conflict

were an essential element in ensuring respect for IHL. The possibility that a sanction may be imposed was a

significant deterrent to discourage the future commission of violations and eventually lead to better respect

for IHL. States parties to the Geneva Conventions of 1949 and their Additional Protocols have the obligation

to prevent and put an end to acts contrary to these instruments.33 Like Senegal and other countries in the

region, States parties must take the necessary legislative measures to incorporate violations of IHL into their

legislation in order to make such acts criminal offenses under national criminal law, subject to prosecution.

Ms. Sogoba stressed, however, that national judicial authorities must have the specialized expertise required

to implement these national provisions and prosecute these types of complex crimes. Effective penal

repression of violations of IHL would only then be possible.

As an illustration, Ms. Sogoba spoke about the capacity building of magistrates in Mali. Following advocacy by

the ICRC and other organizations, the National Institute of Judicial Training (NIJT) decided to integrate the

teaching of IHL into the training of new legal auditors. The integration of the teaching of IHL in the initial

training of legal auditors would make it possible to close a gap in the training of future judges, often from

private law faculties, who did not include IHL in their programs, which were different from the public law

faculties.

Looking to the ongoing training of sitting judges in Mali, the ICRC, in recent years, has engaged in a dialogue

with the Ministry of Justice and the NIJT, notably on the margins of a regional judiciary seminar in Abidijan,

which two Malian judges participated in. Subsequently, a national seminar was organized in December

2016, and in 2018, a mapping of the actors of the judicial sector and other stakeholders was carried out.

This mapping made it possible to analyse the national legal framework, and the national and sub-regional

dynamics surrounding the Malian judicial response to violations of IHL. This analysis made it possible to

highlight the overlaps and contradictions between IHL and terrorism according to national legislation. It also

revealed that the Malian judicial response was at this stage much more oriented towards acts of terrorism at

the expense of violations of IHL, in the contexts in which it was applicable. The mapping was also intended to

identify the training needs of legal actors in IHL, and to integrate their perspectives into the conceptualization

of an ongoing training workshop. A training workshop organized with the NIJT will be organized on this

basis for the attention of the magistrates of the northern and central regions of Mali, as well as those of the

specialized judicial centre in the fight against terrorism and transnational organized crime.

31 Id, Annex, Status of Extraordinary African Chambers in the Senegalese Courts for the Prosecution of International Crimes Committed in Chad During the Period from June 7, 1982 to December 1, 1990.

32 ICJ, Questions concerning the obligation to prosecute or extradite (Belgium v. Senegal), Judgment of 20 July 2012, available online : https://www.icj-cij.org/fr/affaire/144/arrets .

33 In the event of an international armed conflict, see the grave breaches of the Geneva Conventions of 1949 and Additional Protocol I provided for in the following articles: GC I, art. 50; CG II, art. 51; CG III, art. 130; GC IV, art. 147; PA I, art. 11 and 85. In cases of non-international armed conflict, the treaties do not establish a specific obligation to punish such violations; the duty to stop them has been interpreted as including their repression. It has also been recognized, on the judicial level, that individuals may be held criminally responsible for violations of Common Article 3 and Additional Protocol II. See in this regard Article 8 of the Statute of the International Criminal Court (ICC). See also Common Article 1 of the Geneva Conventions concerning the obligation of States to respect and enforce these conventions.


The discussions then focused more on the Hissène Habré affair. Although Senegal has modified its legal

arsenal to take into account the principle of universal jurisdiction, the MS asked on what legal basis Senegal

judged Hissène Habré, since this principle was not yet taken into account in its legislation at the time of the

commission of the incriminated facts. In response to this question, Mr Ngane agreed that this was a widely

debated issue for international law experts in this case. He recalled, however, that Hissène Habre had filed

a complaint with the ECOWAS Court in 2008 to the effect that his trial would violate the principle of non-

retroactivity of criminal law and that in 2010 the Court of ECOWAS had thus decided that taking into account

this situation, Habré should be tried before a special ad hoc jurisdiction of an international character.

With discussion concluded, the section of the POA was validated.

COMPARATIVE TABLE 10: PENAL REPRESSION OF IHL VIOLATIONS IN WEST AFRICA

Benin Burkina Faso Capo Verde Côte d’Ivoire Ghana


The Code of Penal Procedure n° 2012-15 of the Republic of Benin partially implements the Rome Statute of the International Criminal Court. See Title XIV of Book IV of the Code on the cooperation with the International Criminal Court.


Act n° 052.2009 of 3 December 2009, determining the jurisdiction and procedure for the Burkinabe courts’ implementation of the Rome Statute of the International Criminal Court, which criminalizes serious violations of the Geneva Conventions and their Additional Protocols.

Act n° 043/96/ADP of 13 November 1996 Penal Code, criminalizing crimes of genocide and crimes against humanity (Arts. 313 - 317).


The Penal Code of 18 November 2003 criminalises war crimes during international and non-international armed conflict and crimes against humanity, and punishes these crimes by 15 to 30 years of imprisonment. Art. 272 provides for a penalty ranging from 10 to 20 years of imprisonment for those committing wilful killing, torture or inhuman treatment, among other conducts, against persons or property protected by IHL during an armed conflict. Art. 273 provides for a penalty ranging from 10 to 15 years of imprisonment for those using means and methods which are expected to cause unnecessary suffering or which are otherwise prohibited. Art. 273 criminalises indiscriminate attacks or or targeting civilians during an armed conflict or occupation.


Law n° 2015-134 of 9 March 2015 modifies and completes Law n° 81-640 of 31 July 1981 criminalising war crimes (Art. 139), genocide (Art. 137), and crimes against humanity (Art.138 and 138-1). Art. 139-1, 139-2, 140-1 and 140-2 contain general provisions relating to the aforementioned crimes, article 473 criminalises misuse of the distinctive emblems.

Act n° 2015-133 of 9 March 2015 modifies the Code of Criminal Procedure to provide for no statute of limitation for genocide, crimes against humanity and war crimes (Art. 7).

Legislation adopted :

Geneva Convention Act (Act 780) of 2009 criminalises grave breaches found in the four Geneva Conventions of 1949 and Additional Protocol I, with sentencing ranging from 14 years imprisonment to the death penalty.



Pre-draft bill on the amendment to the Penal Code is pending at the Ministry of Justice. The review of the Penal Code will include provisions on the punishment of violations of the provisions of the various IHL treaties ratified by Burkina Faso (Geneva Conventions of 1949 and their Additional Protocols of 1977).

Amendment to the Code of Penal Procedure is pending at the Ministry of Justice.

Amendment to the Code of Military Justice is pending at the Directorate of Military Justice


A Bill to amend the Criminal Code is pending at the Ministry of Justice. The draft bill namely takes into account the crime of aggression (Art. 163-1 and 163-2) and that of violence against health care (Art. 175).


A Bill for the implementation of the Rome Statute of the International Criminal Court is pending at the Cabinet level.

Guinea Liberia Mali

Legislation adopted: The Constitution of 7 May 2010 prohibits torture and other inhuman treatment (Art. 6). The article also provides that no one can justify torture or other inhuman treatment on the basis that they were ordered to do so, and that no situation of emergency can justify human rights violations.

The Code of Military Justice n° 002/CTRN/2011 provides for jurisdiction by military courts during armed conflict to prosecute offences committed by prisoners of war, violations of laws regulating arms and ammunition, as well as related offenses. Art 100 lists the offenses relating to violations of laws and customs of war and international conventions. Arts. 148, 149 and 158 suppress stripping of the sick, wounded, shipwrecked or dead in military operation areas and looting committed by the military during the conduct of hostilities. The Code also provides for use of the distinctive signs and emblems to ensure respect for people, property and places protected by the Geneva Conventions.

The Penal Code n° 98/036/98 criminalises and punishes abuses of emblems protected by international conventions (Art. 579) and provides for the sanctions that can be decided by military tribunals (Art. 578).

Legislation adopted: Bill n° 01-079 of 20 August 2001 on the Penal Code of Mali criminalises war crimes committed during international armed conflict (Art 31), crimes against humanity (Art. 29) and genocide (Art. 30). Article 32 provides for imprescriptibility of these crimes. It should be noted however, that some of the Rome Statute provisions have not been integrated into the Penal Code (for example, superior responsibility and war crimes committed during non-international armed conflict).

Bill n° 01-80 of 20 August 2001 on the Penal Procedure Code provides for extraterritorial jurisdiction in respect of crimes against humanity, genocide and war crimes (Arts.22 and 24), but does not provide for universal jurisdiction.

Bill n° 95-042/AN-RM of 20 April 1995 on the Military Code of Justice applies to military personnel. It provides for the organization and composition of military tribunals, penal military procedure, ad hoc military jurisdiction in peacetime and in time of war, military offences and the penalties applicable. The law criminalises pillage (Arts.133 and 134), robbery (Art. 143) and unlawful use of the emblem and other distinctive signs (Art. 145).


Law L / 2016 / AN of 26 October, on the Penal Code, criminalizes violations of the Geneva Conventions of 1949 and their Additional Protocols committed during international and non-international armed conflicts (Articles 192 to 199, 787 to 795 ) and all violations of the laws and customs of war. also provides for sanctions in the event of genocide and crimes against humanity, as well as in the case of superiors’ responsibility, imprescriptibility of these crimes and lack of immunity for heads of state. It also punishes violations of the following treaties:

1993 Convention on the Prohibition of the Development, Stockpiling and Use of Chemical Weapons and on Their Destruction (Articles 846 and 847);

1998 Convention on the Prohibition of the Use, Stockpiling, Development and Transfer of Anti-Personnel Mines and on Their Destruction (Articles 850 and 851);

2008 Convention on Cluster Munitions (Article 852, 853, 854 and 855); and the 2006 ECOWAS Convention on Small Arms and Light Weapons and Other Related Materials (Articles 848 and 849).

This bill criminalises violations of the Geneva Conventions of 1949 and their Additional Protocols committed in international and non-international armed conflicts (Articles 192 to 199, 787 to 795) and all violations of the laws and customs of war. The law project. This bill also contains offenses relating to violations of the following treaties:

1993 Convention on the Prohibition of the Development, Stockpiling and Use of Chemical Weapons and on Their Destruction (Articles 846 and 847);

1998 Convention on the Prohibition of the Use, Stockpiling, Development and Transfer of Anti-Personnel Mines and on Their Destruction (Articles 850 and 851);

2008 Convention on Cluster Munitions (Article 852, 853, 854 and 855); and the 2006 ECOWAS Convention on Small Arms and Light Weapons and Other Related Materials (Articles 848 and 849).

The new Code of Military Justice gives the Military Tribunal jurisdiction to prosecute international crimes (war crimes, crimes against humanity and genocide) committed by military personnel, as well as other offenses related to the use of certain weapons ( Article 22, 28, 29, 30, 173, 187, 223, 224 and 225). In times of armed conflict, the jurisdiction of the military courts is extended to offenses committed by prisoners of war and violations of the law on weapons and ammunition. The undue use of distinctive signs, emblems defined and protected by international conventions in armed conflicts is punishable by Article 234 of the CJM.

Draft legislation pending :

The leadership of the Liberian National IHL Committee has submitted a draft bill entitled the Geneva Conventions Act of 2014 to the Law Reform Commission for review and finalisation (and incorporation into the Penal Code of Liberia). The draft bill would thereafter be submitted to the Presidency for onwards submission to the national legislature for passage into law.

Bill pending:

Revision of the Penal Code and Code of Criminal Procedure in progress by the Standing Legislative Committee (Ministry of Justice). Harmonization of these texts with the IHL Treaties, including a complete repression of violations of IHL and the integration of the general principles of international criminal law, is planned.


Niger Nigeria Senegal Sierra Leone Togo


Act n° 2003-025 of 13 June 2003 on the Penal Code and the Code of Penal Procedure (Arts 208.3 and 208.4); and Special Official Gazette n° 4 of 7 April 2004 Section III Preliminary Chapter, sub-sections I to IV (Art. 208.1-208.8), criminalise genocide, crimes against humanity and war crimes, and provide for the universal jurisdiction of Nigerien courts.

Act n°2003-010 of 11 March 2003 on the Code of Military Justice (special National Gazette n° 6 of 5 May 2003) amended by Ordinance n 2010-94 of 23 December 2010 (National Gazette n° 5 of 1 March 2011) criminalises violations of IHL committed by defence and security forces (Arts. 321 and 322).

Ordinance n° 2010-75 of 9 December 2010 on the status of military personnel of the armed forces, prohibits the recruitment of children below the age of 18 into the defence and security forces.


Geneva Conventions Act of 20 June 1960 domesticates the Four Geneva Conventions of 1949. This Act provides for the punishment of grave breaches of the 1949 Geneva Conventions and permits the President to provide by order for the punishment of all other breaches.


Act n° 2007-05 of 12 February 2007 amending the Code of Penal Procedure for the implementation of the Rome Statute of the International Criminal Court. Art. 667-1 and following articles establish a mechanism of judicial cooperation with the International Criminal Court.

On 31 January 2007, the National Assembly of Senegal adopted the Law n° 06/2007 amending the Penal Code. The Law incorporates as offences in domestic law the crimes of genocide, crimes against humanity and war crimes, as well as offences against the administration of justice of the ICC (Art. 431-1 to 431-5).


Geneva Conventions Act 2012 domesticates the four Geneva Conventions of 1949 and their Additional Protocols of 1977. In particular, it criminalises and imposes sanctions for grave breaches as defined in the Geneva Conventions, as well as for other violations of the Conventions and their Additional Protocols.


The Penal Code n° 2015-010 of 24 November 2015 criminalises serious violations of international humanitarian law as war crimes (Arts. 145 to 148). The Code also criminalises genocide and crimes against humanity.


A Bill amending the Penal Code and Code of Penal Procedure (2013) is pending. The Bill criminalises violations of IHL including all war crimes under the Rome Statute committed during international and non-international armed conflict. The Bill also raises the minimum age for recruitment into the Armed Forces and for participation in hostilities, from 15 to 18 years, in compliance with Niger’s obligations under the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000).


The Federal Ministry of Justice is currently working towards re-submission of a bill to domesticate the Rome Statute of the International Criminal Court to the National Assembly (previous draft bills have not been adopted).

A letter has been sent from the Minister of Justice to the Secretary of the Government requesting the repeal of the Geneva Conventions Act, CAP G3.LFN 2004 and enactment of the Geneva Conventions and Additional Protocols Act 2018.

Draft Legislation pending:

Reform Bill for the Code of Military Justice to criminalise pillage and abusive use of red cross and red crescent emblem as war crimes.

Draft legislation pending :

Bill amending the Code of Penal Procedure.


11. DISSEMINATION OF IHL KNOWLEDGE

The section on dissemination of IHL knowledge was broken into two sessions, with one looking at the unique

situation of IHL dissemination to military/security forces, and the other looking at dissemination to the

civilian population, including the judiciary, academics, and the general population among others.

SECT

ION

K OF

THE

ECO

WAS

IHL

POA:

DIS

SEM

INAT

ION

OF IH

L KN

OWLE

DGE

Diss

emin

atio

n of

IHL

know

ledg

e

Stra

tegi

es /

Activ

ities

Succ

ess

Indi

cato

rsRe

spon

sibl

e In

stitu

tion

Sour

ces

of V

erifi

catio

nTi

mef

ram

e

1. D

isse

min

ate

IHL

know

ledg

e an

d en

cour

age

its re

spec

t as

wid

ely

as p

ossi

ble

to

parli

amen

taria

ns, c

ivil

soci

ety,

and

the

popu

latio

n as

a w

hole

incl

udin

g in

loca

l la

ngua

ges;

2.

Dis

sem

inat

ion

in A

cade

mic

s:

a. I

nteg

rate

IHL

into

rele

vant

uni

vers

ity

prog

ram

s, p

artic

ular

ly fa

culti

es o

f law

, m

edic

ine,

and

jour

nalis

m/c

omm

unic

atio

ns

b. P

rom

ote

IHL

rela

ted

acad

emic

rese

arch

and

pu

blic

atio

n3.

Dis

sem

inat

ion

to M

ilita

ry/ P

aram

ilita

ry F

orce

sa.

Des

igna

te c

ompe

tent

lega

l aut

horit

ies

to

advi

se c

omm

ande

rs o

n th

e ap

plic

atio

n of

IHL

and

IHRL

, and

on

appr

opria

te in

stru

ctio

ns to

gi

ve m

ilita

ry a

nd s

ecur

ity fo

rces

b. E

nsur

e IH

L/IH

RL ru

les

are

inte

grat

ed in

tra

inin

gs a

nd ru

les

of e

ngag

emen

t of m

ilita

ry

and

secu

rity

forc

es d

urin

g in

tern

al s

ecur

ity

and

peac

ekee

ping

mis

sion

s, w

ith p

artic

ular

fo

cus

on p

rote

ctio

n of

wom

en a

nd c

hild

ren

and

to tr

ansl

ate

them

in th

e lo

cal l

angu

ages

of

Mem

ber S

tate

sc.

Ens

ure

the

judi

cial

bod

ies

of m

ilita

ry a

nd

secu

rity

forc

es a

re tr

aine

d in

the

appl

icat

ion

of IH

L, a

nd c

an p

unis

h IH

L vi

olat

ions

by

thei

r tro

ops

4. T

rans

late

IHL

treat

ies

in th

e lo

cal l

angu

ages

of

Mem

ber S

tate

s

a. N

umbe

r of I

HL re

late

d pr

osec

utio

ns a

nd

judi

cial

dec

isio

ns u

phel

d an

d re

spec

ted

b. A

mou

nt o

f leg

isla

tion

pass

ed im

plem

entin

g IH

L re

late

d tre

atie

sc.

Num

ber o

f mee

tings

, tra

inin

gs a

nd

activ

ities

with

civ

il so

ciet

y ac

tors

, the

m

edia

, med

ical

org

aniza

tions

, and

spe

cial

in

tere

st g

roup

sd.

Am

ount

and

qua

lity

of IH

L di

ssem

inat

ion

mat

eria

le.

Num

ber o

f act

ive

civi

l soc

iety

and

aca

dem

ic

netw

orks

on

IHL

f. N

umbe

r and

qua

lity

of u

nive

rsiti

es

inte

grat

ing

IHL

cour

se a

nd s

peci

aliza

tion

prog

ram

sg.

Num

ber a

nd q

ualit

y of

IHRL

and

IHL

lega

l ad

viso

rs fo

r mili

tary

and

sec

urity

forc

es;

h. A

mou

nt a

nd q

ualit

y of

adv

ice

to m

ilita

ry

com

man

ders

on

the

appl

icat

ion

of IH

L an

d IH

RLi.

Mai

nstre

amin

g of

IHL

into

trai

ning

pro

gram

s of

mili

tary

and

sec

urity

forc

es;

j. E

stab

lishm

ent o

f pro

tect

ion

units

sen

sitiz

ed

to s

peci

al p

rote

ctio

n ne

eds

of w

omen

and

ch

ildre

nk.

Suc

cess

ful c

ourt

mar

tials

of a

ll pr

oven

ca

ses

of IH

L vi

olat

ions

, with

app

ropr

iate

pu

nish

men

ts m

eted

out

Natio

nal I

HL

Com

mitt

ees;

Rele

vant

min

istri

es

incl

udin

g M

inis

tries

of

Edu

catio

n,

Defe

nse,

and

Ju

stic

e;

Parli

amen

taria

ns

Univ

ersi

ties

incl

udin

g La

w

Facu

lties

, Med

ical

Sc

hool

s an

d Co

mm

unic

atio

n De

partm

ents

Mili

tary

and

pa

ram

ilita

ry fo

rces

le

gal a

dvis

ors

Mili

tary

cou

rts a

nd

tribu

nals

Mili

tary

and

pa

ram

ilita

ry

Scho

ols

Diss

emin

atio

n ac

tivity

repo

rts, l

ist o

f pa

rtici

pant

s an

d ev

alua

tions

Med

ia c

over

age

of IH

L re

late

d ne

ws

Univ

ersi

ty p

rogr

ams

and

curri

culu

m

inte

grat

ing

IHL

IHL

rela

ted

acad

emic

rese

arch

and

pu

blic

atio

n

Esta

blis

hmen

t act

s cr

eatin

g m

ilita

ry

and

secu

rity

forc

es le

gal a

dvis

ors

posi

tions

, with

des

igna

tions

mad

e by

co

mm

ande

rs

Mili

tary

and

par

amili

tary

forc

es

train

ing

man

uals

and

cur

ricul

a;

Spec

ializ

ed tr

aini

ng m

anua

ls

and

cour

ses

on th

e pr

otec

tion

of

parti

cula

rly v

ulne

rabl

e gr

oups

in

arm

ed c

onfli

cts

or o

ther

situ

atio

ns o

f vi

olen

ce

Parti

cipa

tion

of m

ilita

ry a

nd s

ecur

ity

forc

es le

gal a

dvis

ors

in tr

aini

ngs

and

depl

oym

ents

;

Reco

mm

enda

tions

and

repo

rts o

f m

ilita

ry a

nd s

ecur

ity fo

rces

lega

l ad

viso

rs

Deci

sion

s of

mili

tary

cou

rts/tr

ibun

als

2019

-202

3


DISSEMINATION TO MILITARY/SECURITY FORCES

The section on dissemination to military/security forces set out the following strategies/activities: 1) designate

competent legal authorities to advise commanders on the application of IHL and IHRL, and on appropriate

instructions to give military and security forces; 2) ensure IHL/IHRL rules are integrated in trainings and

rules of engagement of military and security forces during internal security and peacekeeping missions, with

particular focus on protection of women and children and to translate them in the local languages of Member

States; 3) ensure the judicial bodies of military and security forces are trained in the application of IHL, and

can punish IHL violations by their troops.

See section K of the ECOWAS IHL POA: Dissemination of IHL Knowledge, above.

The moderator was Mr. Olatunde Olayemi, the Programme Officer in the ECOWAS Commission’s Humanitarian

and Social Affairs Directorate. The lead reviewer was Mr. Cecil Adadevoh, Principal State Attorney, Office

of the Attorney-General and Ministry of Justice, Ghana, and the technical expert was Emeline Oboulbiga

Yameogo, ICRC-Ouagadougou Communications Officer.

Mr. Adadevoh spoke about the training they had in place for all officers in the Ghanaian military, and

suggested this training be included in universities too. In the School of Law of the University of Ghana, IHL

was an elective course. Ghana has pushed for more training for military and security forces, before they are

dispatched on peace missions. He stressed that the training on IHL was very important, as the evolution from

conventional war to terrorism changed the methods of fighting. Ms. Yameogo reinforced Ghana’s position

on the need for IHL training, and talked about the importance of making sure it was in languages the lower

levels of soldiers would understand.

The representative from Burkina Faso asked about the availability of manuals on training for soldiers. He

talked about the importance of ongoing training for soldiers, and asked if such continuous training was the

norm in Ghana.

The Nigerian representative mentioned that the ICRC had worked continuously on training the military

and security forces of Nigeria. The office of the national security adviser and the EU were also praised as

proponents of these trainings. Training of trainers was the main focus, as it was found to be the best way to

pass the information down through the forces. She thanked the ICRC for its ongoing role in this training.

Liberia also talked about their work with the ICRC on integrating IHL into armed forces training. Liberia

held refresher training courses once a year for the army, and they were trying to expand that to the police,

drug enforcement agency, and immigration. Meetings with the commandant of police were ongoing in that

objective. Mali mentioned their peacekeeping school, which welcomed all soldiers in Africa for free trainings.

Mali stated they did not have issues with training their forces on IHL, and the ICRC worked with them on

their trainings.

Guinea’s representative talked about the number of soldiers passing through the Kofi Annan Center in Accra,

praising it as a strong place to spread IHL knowledge. Sierra Leone’s Ministry of Justice representative spoke

on how IHL was a module taught in armed forces training centers, and there was also training for anyone

dealing with warfare. Passing the IHL course was a requirement for military and police before they could

participate in peacekeeping missions abroad.

The Ministry of Foreign Affairs representative from Sierra Leone suggested training children from the

primary school level on IHL. He also talked about the problem they had with child soldiers, and how it might

have helped if children had received IHL training from the beginning. Ms. Yameogo of the ICRC agreed that

the youth should be trained on IHL, as the varying contexts were seeing youths directly affected by armed

conflict.

Mr. Adadevoh responded to some of the points, emphasizing the retraining program that was in place for

the Ghanaian military. He mentioned that the Kofi Annan center accepted civilians as well, and agreed with


Sierra Leone that education on IHL should start at the primary level. He mentioned that Ghana was also trying

to train all security services, including the prison services, as they were sometimes involved in international

missions.

The Legal Adviser for the ICRC in Bamako, Mrs. Sogoba, raised the importance of having legal advisers in

armies, as they could provide immediate advice on questions of IHL that might come up in the field. Mr.

Adadevoh mentioned there were civilian and military lawyers in the legal divisions of the Ghanaian military

forces. The section was then validated by the MS participants.

COM

PARA

TIVE

TAB

LE 1

1: N

ATIO

NAL

MEA

SURE

S ON

IHL

INTE

GRAT

ION

IN A

RMED

FOR

CES

AND

DISS

EMIN

ATIO

N AN

D IN

TEGR

ATIO

N OF

IHRL

AND

HU

MAN

ITAR

IAN

PRIN

CIPL

ES IN

MIL

ITAR

Y FO

RCES

IN W

EST

AFRI

CA

Burk

ina

Faso

Côte

d’Iv

oire

Ghan

aGu

inea

Draf

t leg

isla

tion

pend

ing:

The

Co

de o

f Mili

tary

Ju

stic

e is

und

er

revi

ew. S

ubje

ct

to v

erifi

catio

n in

th

e fin

al d

raft,

the

mili

tary

cou

rt in

Bu

rkin

a Fa

so h

as

juris

dict

ion

to tr

y of

fens

es c

omm

it-te

d by

pris

oner

s of

w

ar a

nd v

iola

tions

of

the

law

on

wea

pons

and

am

-m

uniti

on.

Legi

slat

ion

ad-

opte

d: In

stru

ctio

n n°

476

/MEM

DP/

DIRD

EF/S

D-RI

by

Defe

nce

Min

iste

r in

Mar

ch 2

002

invi

ting

the

Chie

f of

Arm

y St

aff t

o pr

ocee

d w

ith

inte

grat

ion

of IH

L in

to th

e tra

inin

g pr

ogra

m. T

his

inst

ruct

ion

was

fo

llow

ed b

y th

e Ch

ief o

f Sta

ff th

at

sam

e ye

ar.

Prog

ram

s: IH

L is

par

t of

the

curri

culu

m fo

r th

e tra

inin

g of

the

Ghan

a Ar

med

For

ces.

IHL

is a

n in

tegr

al p

art

of th

e Op

erat

iona

l Or

ders

of t

he G

hana

Ar

med

For

ces.

Arm

ed F

orce

s’

pers

onne

l und

ergo

ro

utin

e tra

inin

g ba

sed

on IH

L.IH

L w

orks

hops

and

se

min

ar a

re o

rgan

ized

for t

he p

erso

nnel

of

the

Ghan

a Ar

med

Fo

rces

bef

ore

they

are

se

nt o

n Pe

acek

eepi

ng

Mis

sion

s.

Legi

slat

ion

adop

ted:

Dec

ree

n° D

/94/

173/

PRG/

SGG

appo

ints

the

Dire

ctor

for t

he IH

L Of

fice

and

Art.

5 st

ates

that

the

Offic

e sh

all b

e re

spon

sibl

e fo

r coo

rdin

atio

n of

act

iviti

es c

ontri

butin

g to

pre

serv

ing

the

phys

ical

, mor

al, s

ocia

l and

cul

tura

l int

egrit

y of

civ

ilian

s an

d m

ilita

ry in

acc

orda

nce

with

the

Gene

va

Conv

entio

ns a

nd th

e Ha

gue

Conv

entio

ns. T

he O

ffice

is a

lso

resp

onsi

ble

for p

rom

otin

g te

achi

ng a

nd

train

ing

of c

itize

ns in

ord

er to

saf

egua

rd p

rope

rty a

nd p

eopl

e in

nat

ural

dis

aste

rs a

nd a

rmed

con

flict

.Or

der n

° 00

7/PR

G/M

DN/C

AB a

pply

ing

Decr

ee n

° D/

94/1

72/P

RG/S

GG o

f 5 N

ovem

ber 1

994.

Thi

s Or

der

esta

blis

hes,

am

ong

othe

rs, t

he m

anda

te o

f the

Offi

ce fo

r the

coo

rdin

atio

n of

IHL

and

the

law

s of

war

.M

emor

andu

m n

° 03

65/P

RG/M

DN/E

MGA

/99

of 2

4 M

arch

199

9 pr

ovid

ing

inst

ruct

ion

on th

e la

ws

of w

ar

in m

ilita

ry s

choo

ls a

nd in

stru

ctio

n ce

ntre

s.De

cree

n°

D 29

3/PR

G/SG

G/ 2

012

on M

ilita

ry D

isci

plin

e Re

gula

tion

prov

ides

, am

ong

othe

rs, t

hat m

ili-

tary

per

sonn

el a

re o

blig

ed to

resp

ect h

uman

dig

nity

, as

wel

l as

basi

c IH

L pr

inci

ples

suc

h as

the

prin

ci-

ple

of d

istin

ctio

n be

twee

n ci

vilia

ns a

nd c

omba

tant

s, th

e tre

atm

ent o

f wou

nded

and

sic

k, th

e pr

otec

tion

of h

ospi

tal a

s w

ell a

s of

pris

oner

s of

war

(Art.

12)

.Th

e Co

de o

f Mili

tary

Jus

tice

n° 0

02/C

TRN/

2011

pro

vide

s fo

r jur

isdi

ctio

n by

mili

tary

cou

rts d

urin

g ar

med

con

flict

to p

rose

cute

offe

nces

com

mitt

ed b

y pr

ison

ers

of w

ar, v

iola

tions

of l

aws

regu

latin

g ar

ms

and

amm

uniti

on, a

s w

ell a

s re

late

d of

fens

es. A

rt. 1

00 li

sts

the

offe

nses

rela

ting

to v

iola

tions

of l

aws

and

cust

oms

of w

ar a

nd in

tern

atio

nal c

onve

ntio

ns. A

rts. 1

48, 1

49 a

nd 1

58 s

uppr

ess

strip

ping

the

sick

, w

ound

ed, s

hipw

reck

ed o

r dea

d in

mili

tary

ope

ratio

n ar

eas

and

loot

ing

com

mitt

ed b

y th

e m

ilita

ry d

urin

g th

e co

nduc

t of h

ostil

ities

. The

Cod

e al

so p

rovi

des

for u

se o

f the

dis

tinct

ive

sign

s an

d em

blem

s to

en-

sure

resp

ect f

or p

eopl

e, p

rope

rty a

nd p

lace

s pr

otec

ted

by th

e Ge

neva

Con

vent

ions

.De

cree

n°

D/20

11/2

89/P

RG/S

GG o

f 28

Nove

mbe

r 201

1 on

Cod

e of

Con

duct

of D

efen

ce F

orce

s pr

ovid

es

for t

he o

blig

atio

n fo

r the

forc

es to

rece

ive

train

ing

in IH

L (A

rt.5)

, the

obl

igat

ion

to re

spec

t IHL

with

in

thei

r ope

ratio

nal fi

elds

(Art.

6) a

nd in

divi

dual

crim

inal

resp

onsi

bilit

y in

cas

e of

IHL

viol

atio

ns (A

rt. 7

).De

fenc

e Ge

nera

l Dis

cipl

inar

y Re

gula

tion

(201

2 ed

ition

), su

bjec

t to

Decr

ee n

° D/

293/

PRG/

SGG/

2012

pr

ovid

es fo

r the

dut

ies

and

resp

onsi

bilit

ies

of m

ilita

ry c

omba

tant

s an

d tre

atm

ent o

f pris

oner

s of

war

, in

clud

ing

the

oblig

atio

n to

resp

ect t

he d

igni

ty o

f the

def

eate

d en

emy,

to d

istin

guis

h be

twee

n co

mba

t-an

ts a

nd n

on-c

omba

tant

s, to

pro

tect

per

sons

who

are

hor

s de

com

bat,

to c

are

for t

he s

ick

and

inju

red

surv

ivor

s, to

resp

ect c

ivili

an o

bjec

ts a

nd h

uman

itaria

n pe

rson

nel (

Arts

. 12-

14).

The

Regu

latio

n al

so

proh

ibits

invo

lvem

ent o

f mili

tary

per

sonn

el in

the

cond

uct o

f hos

tiliti

es w

hich

are

in v

iola

tion

of th

e pr

inci

ples

of I

HL, a

nd a

utho

rises

mili

tary

per

sonn

el to

take

pris

oner

s of

war

.Ot

hers

: Mem

oran

dum

n°

072

of 1

3 Ju

ne 2

005

on re

sum

ing

inst

ruct

ions

on

IHL

for t

he A

rmed

For

ces.


Libe

riaM

ali

Nige

rNi

geria

Sene

gal

Togo

Legi

slat

ion

adop

ted:

Na

tiona

l Def

ence

Act

of

2008

am

ends

the

Natio

nal

Defe

nce

Law

of 1

956,

the

Coas

t Gua

rd A

ct o

f 195

9 an

d Li

beria

Nav

y Ac

t of

1986

. It i

ncor

pora

tes

the

law

of a

rmed

con

flict

and

re

spec

t for

hum

an ri

ghts

la

w.

Draf

t leg

isla

tion

pend

ing:

The

Draf

t Uni

form

Cod

e of

Mili

tary

Jus

tice

for t

he

Arm

ed fo

rces

of L

iber

ia

has

been

sub

mitt

ed to

th

e Na

tiona

l Leg

isla

ture

fo

r app

rova

l. It

proh

ibits

, am

ong

othe

r, lo

otin

g an

d pi

llagi

ng (A

rt. 1

03);

was

te,

spoi

lage

, or d

estru

ctio

n of

ci

vilia

n pr

oper

ty. (

Art.

109)

; m

urde

r (Ar

t. 11

8); r

ape

and

sexu

al a

ssau

lt/vi

olen

ce

(Art.

120

); ar

son,

mai

min

g,

assa

ult (

Arts

. 124

, 126

, 12

8).

Othe

rs:

Arm

ed F

orce

s of

Lib

eria

La

w o

f Arm

ed C

onfli

ct

Trai

ning

Man

ual,

n°

AFL-

FM-1

5-5

(pub

lishe

d in

20

15) c

over

s ap

plic

atio

n of

IH

L in

mili

tary

ope

ratio

ns

and

inte

rnal

sec

urity

op

erat

ions

.

Legi

slat

ion

adop

ted:

Cod

e of

Mili

tary

Jus

tice,

Act

n°

95-0

42/

AN-R

M o

f 20

April

199

5 cr

imin

alis

es a

cts

of lo

otin

g (A

rts. 1

33

and

134)

, unl

awfu

l use

of t

he e

mbl

em a

nd o

ther

dis

tinct

ive

sign

s (A

rt. 1

45).

Dire

ctiv

e n°

653

/CEM

GA/S

-CEM

/OPS

/D.O

MP-

DIH

of 2

4 Au

gust

20

10 o

n in

tegr

atin

g IH

L in

to m

ilita

ry tr

aini

ng a

nd o

pera

tiona

l pr

oced

ures

. Thi

s Di

rect

ive

mak

es th

e te

achi

ng o

f IHL

man

dato

ry

for t

rain

ing

prog

ram

mes

of t

he d

efen

ce a

nd s

ecur

ity fo

rces

.Th

e Co

de o

f Con

duct

of D

efen

ce a

nd S

ecur

ity F

orce

s pr

ovid

es

that

def

ence

and

sec

urity

forc

es a

re b

ound

by

a nu

mbe

r of

impo

rtant

IHL

and

IHRL

rule

s, in

clud

ing

the

oblig

atio

n to

re

spec

t, pr

otec

t and

aid

the

civi

lian

popu

latio

n (A

rt. 7

), no

t pr

ovok

ing

or p

artic

ipat

ing

in a

cts

of lo

otin

g (A

rt. 1

3), n

on-

reco

urse

to th

e us

e of

forc

e an

d fir

earm

s to

dis

pers

e ill

egal

bu

t non

-vio

lent

gat

herin

gs (A

rt. 2

2), n

o rig

ht to

har

m th

e lif

e an

d ph

ysic

al in

tegr

ity o

f per

sons

(Art.

25)

, res

pect

for b

asic

ju

dici

al g

uara

ntee

s (A

rt. 2

6), p

rohi

bitio

n of

mur

der,

inhu

man

e an

d de

grad

ing

treat

men

ts (A

rt. 3

0), p

rote

ctio

n of

sur

rend

ered

pe

rson

s (A

rt. 3

1), a

nd p

rohi

bitio

n of

act

s of

per

fidy

(Art.

32)

. Pr

ogra

ms

In 2

016,

the

Defe

nce

and

Vete

rans

Min

istry

issu

ed a

Man

ual o

f m

ilita

ry in

stru

ctio

n on

the

law

s of

arm

ed c

onfli

ct fo

r the

Arm

ed

forc

es a

nd S

ecur

ity F

orce

s of

Mal

i tha

t was

pro

duce

d w

ith

the

supp

ort o

f ICR

C. T

his

man

ual i

s a

tool

for t

each

ing

IHL

in

train

ing

cent

ers

and

scho

ols

of th

e ar

med

and

sec

urity

forc

es

of M

ali.

Crea

tion

of a

n IH

L an

d pe

acek

eepi

ng o

pera

tion

divi

sion

and

an

IHL

sect

ion

with

in th

e De

fenc

e Ge

nera

l Chi

ef o

f Sta

ff.Di

ssem

inat

ion

and

train

ing

sess

ions

at i

nstru

ctio

n ce

ntre

s an

d m

ilita

ry s

choo

ls a

re re

gula

rly c

o-or

gani

zed

by th

e IC

RC a

nd th

e De

fenc

e Ge

nera

l Chi

ef fo

r ran

king

offi

cers

, non

com

mis

sion

ed

and

com

mis

sion

ed o

ffice

rs.

A di

ssem

inat

ion

and

train

ing

prog

ram

me

on IH

L an

d th

e pr

otec

tion

of w

omen

and

chi

ldre

n is

fina

nced

by

UN-W

omen

an

d ex

ecut

ed b

y th

e IH

L se

ctio

n of

Def

ence

Gen

eral

Chi

ef.

Legi

slat

ion

adop

ted:

Joi

nt O

rder

n°

76/

MDN

/MI/S

P/D/

AR o

f 27

July

201

2 on

inte

grat

ing

IHL

or a

rmed

con

flict

law

in th

e cu

rricu

la o

f Def

ence

and

Sec

urity

Fo

rces

.Pr

ogra

ms:

Han

dboo

k of

IHL

for

Defe

nce

and

Secu

rity

Forc

es

of N

iger

was

val

idat

ed b

y th

e M

inis

try o

f Def

ence

on

28

Octo

ber 2

014

and

offic

ially

la

unch

ed o

n 24

Mar

ch 2

015.

Th

roug

h th

is m

anua

l, in

stru

ctor

s in

the

train

ing

cent

ers

have

ad

equa

te e

duca

tiona

l sup

port

to

teac

h IH

L.IH

L is

taug

ht a

nd s

ubje

ct to

ev

alua

tion

durin

g th

e in

itial

an

d co

ntin

uous

trai

ning

s at

th

e M

ilita

ry S

choo

l of N

iger

ien

Arm

ed F

orce

s of

ficer

s in

Nia

mey

(E

FOFA

N), a

t Aga

dez

Scho

ol o

f un

der-

offic

ers

(ENS

OA) a

nd a

t the

Sc

hool

of N

atio

nal G

enda

rmer

ie.

ICRC

is in

vite

d to

pro

vide

IH

L di

ssem

inat

ion

sess

ion

to

oper

atio

nal u

nits

of t

he N

iger

Ar

med

For

ces

in T

illab

ery,

Agad

ez

and

Diffa

.IH

L di

ssem

inat

ion

sess

ion

are

also

pro

vide

d by

the

Unite

d Na

tions

to th

e Ni

gerie

n ar

med

an

d se

curit

y fo

rces

con

tinge

nts

to b

e de

ploy

ed a

broa

d as

par

t of

peac

ekee

ping

mis

sion

.

Prog

ram

s: T

he D

efen

ce

Head

quar

ters

, in

colla

bora

tion

with

th

e IC

RC, r

egul

arly

or

gani

ses

diss

emin

atio

n se

ssio

ns fo

r mem

bers

of

the

arm

ed fo

rces

on

IHL

and

hum

anita

rian

prin

cipl

es.

The

Defe

nce

Head

quar

ters

ann

ually

in

vite

s th

e IC

RC to

co

nduc

t a Tr

aini

ng o

f Tr

aine

rs o

n IH

L fo

r in

stru

ctor

s dr

awn

from

var

ious

mili

tary

in

stitu

tions

.Th

e De

fenc

e an

d Se

rvic

es H

eadq

uarte

rs

regu

larly

org

anize

w

orks

hops

and

se

min

ars

on IH

L to

whi

ch th

e IC

RC

parti

cipa

tes.

The

Arm

ed F

orce

s Un

it an

d Fo

rmat

ions

, in

colla

bora

tion

with

the

ICRC

, tra

in s

elec

ted

offic

ers

and

sold

iers

on

IHL

and

hum

anita

rian

prin

cipl

es, w

ho in

turn

tra

in o

ther

troo

ps a

s pa

rt of

the

unit

form

atio

n tra

inin

g pr

ogra

mm

es

Legi

slat

ion

adop

ted:

M

ilita

ry C

ode

of J

ustic

e La

w n

° 94

-44,

27

May

199

4, e

stab

lishe

s ju

risdi

ctio

n of

mili

tary

co

urts

and

pro

vide

s fo

r sa

nctio

ns fo

r crim

es

com

mitt

ed b

y m

ilita

ry a

nd

para

mili

tary

per

sonn

el

befo

re a

nd d

urin

g ar

med

co

nflic

t. In

add

ition

to

spe

cific

mili

tary

in

fract

ions

est

ablis

hed

by

the

Mili

tary

Cod

e, s

uch

as m

isus

e of

the

embl

em

and

pilla

ge, m

ilita

ry

pers

onne

l are

sub

ject

to

the

Pena

l Cod

e.De

cree

n°

90-1

159

PR/

MFA

of 1

2 Oc

tobe

r 199

0,

amen

ded

by D

ecre

e n°

20

03-6

96/P

R/M

FA o

f 23

Sept

embe

r 200

3 an

d by

n°

Dec

ree

2013

-136

7/PR

/MFA

of 2

1 Oc

tobe

r 20

13 o

n th

e Ge

nera

l Di

scip

linar

y Re

gula

tion

of th

e Ar

med

For

ces

whi

ch fo

cuse

s on

the

need

to p

rote

ct th

e liv

es

and

dign

ity o

f per

sons

af

fect

ed b

y ar

med

con

flict

(A

rt. 3

4).

Legi

slat

ion

adop

ted:

The

Co

de o

f Mili

tary

Ju

stic

e, a

dopt

ed

by th

e Pa

rliam

ent

on 7

Apr

il 20

16,

crim

inal

ises

se

rious

vio

latio

ns

of IH

L an

d Hu

man

Ri

ghts

Law

co

mm

itted

by

mili

tary

per

sonn

el

in th

e lin

e of

dut

y.


DISSEMINATION TO CIVILIAN POPULATION

The section on dissemination to the civilian population set out the following strategies/activities: 1)

disseminate IHL knowledge and encourage its respect as widely as possible to parliamentarians, civil society,

and the population as a whole including in local languages; 2) dissemination in Academics: [a] integrate IHL

into relevant university programs, particularly faculties of law, medicine, and journalism/communications,

[b] promote IHL related academic research and publication; 3) translate IHL treaties in the local languages

of Member States

See Section I of the ECOWAS IHL POA: Dissemination of IHL knowledge, above.

The lead reviewer was Mr. Rombiré Bakieka, Head of the Outreach and Information Department at the

Permanent Secretariat of the Interministerial Committee on Human Rights and International Humanitarian

Law of Burkina Faso (IMCHR34); the technical expert was Mamadou Saliou Souaré, ICRC-Conakry Adviser to

the Head of Mission.

Mr. BAKIEKA addressed two essential points, namely, a brief presentation of the National Commission of IHL

of Burkina Faso, and the dissemination activities aimed at the civilian population. Regarding the first point,

Mr. BAKIEKA indicated that the IMCHR serves as the National Commission for IHL in Burkina Faso. Time

was spent allowing participants to discuss the composition, organization, and remit of the IMCHR, but also

on ways of securing funding. He illustrated the last point by setting out the support from partners such as

the ICRC and Scandinavian embassies, and contributions from the state budget which are often dependent

on national priorities and political will.

With regard to the dissemination of IHL by the IMCHR, the activities carried out included the organization

of dissemination activities for parliamentarians, judicial actors (judges, lawyers), professional social

groups (human rights advisers and human rights attachés), and civil society organizations. In addition

to these outreach activities, the IMCHR has also undertaken advocacy activities for the integration of IHL

into universities, schools of administration and at the primary and secondary levels. With regard to digital

communication, the national IMCHR has a Facebook page and plans to create a website.

The moderator, Mr. Olayemi, reminded all MS that the dissemination of IHL was a conventional obligation.

He emphasized the imortance of dissemination and training on IHL to all socio-professional sectors, from

academic circles, authorities, law faculties, medical faculties, community leaders, media, etc. He also

discussed the tools put in place by the ICRC to facilitate these disseminations, which would help students

and other professionals looking to specialize in IHL.

The ICRC Conakry adviser, Mr. Souare, recalled that the obligation of States to ensure the dissemination

and promotion of IHL derives from Common Article 1 to 4 Geneva Conventions. It states that “the High

Contracting Parties undertake to respect and to ensure respect for this Convention in all circumstances”. The

obligation to disseminate IHL is based on the idea that good knowledge of its rules is an essential factor of

its effective application, and the protection of the victims of armed conflicts. Hence the need to ensure that

IHL is known to all: academia, parliament, civil society, NGOs, media, opinion leaders, and communities, etc.

Mr. Souare said that there were multiple reasons for this dissemination of IHL, depending on the target

audience. For example, concerning the academic environment, the individuals who animate this sector

are often influential actors in civil society, or occupying certain positions within the executive, legislative,

judicial, or even military apparatus. These actors could play a key role in promoting, raising awareness,

and prioritizing certain IHL thematics and humanitarian actions. In these roles, the academic community

34 The Interministerial Committee for Human Rights and International Humanitarian Law was established by Decree No. 2005-100 / PRES / PM / MPDH of 23 February 2005, amended and finalized by Decree No. 2008-740 / PRES / PM / MPDH of 17 November 2008 and then by Decree No. 2013-1335 / PRES / PM / MDHPC / MEF of 31 December 2013 on the organization and functioning of the CIMHR; It is supported by a Permanent Secretariat organized by Decree No. 2014-160 / PRES / PM / MDHPC / MEF. The Committee is currently governed by Decree No. 2017-1053 / PRES / PM / MJDHPC / MINEFID on Organization and Responsibilities of the ICMHR.


can have a significant influence on the state sector - even interstate - by contributing to the promotion

and respect of IHL in state bodies or civil society. Also, it goes without saying that the academic sector,

particularly the faculty, is able to exert considerable influence on tomorrow’s influential players, students and

political youth. At this level too, a commitment by the academic sector to the teaching of IHL could ultimately

have a significant impact on respect for IHL.

At the level of parliamentarians, they can effectively

contribute to the adaptation of national legislation to ensure

that their state complies with its international obligations

under IHL. By exercising their powers and carrying out

advocacy activities, they can also raise awareness of IHL

in the public. As politicians and people’s representatives,

parliamentarians must be at the forefront of efforts to

ensure that IHL is applied scrupulously.35 Moreover, the

guide on IHL for use by members of the Inter-Parliamentary

Union (IPU) and the ICRC is a valuable tool in this context.36

As for the media, they are vectors of information, especially

during crises and during armed conflicts. The information

they convey during these situations is decisive in the

behavior of civilians. It is then recommended to train them

on humanitarian reporting techniques.

The MS then generally stated that ICRC support for basic

IHL education was very important, and it would need to

continue through IHL textbooks for children and primary school teachers. When looking at promoting respect

for IHL, it was encouraged that trainers look beyond the repression aspect, and present the moral face on

protection of those not directly participating in hostilities. Organizing debates/talks on IHL themes through

the radio, or in public fora, such as theaters, would work well to get the messaging across. ECOWAS was

called on to support the development of IHL modules for all social classes. The importance of conducting

dissemination sessions in the local languages was agreed on by the participants.

Following this discussion, the Section K of the ECOWAS IHL POA was validated.

35 ICRC, The Role of Parliamentarians in the Implementation of IHL, Fact Sheet, May 2018, available online: https://www.icrc.org/en/document/role-parliamentarians-implementing-international-humanitarian-law .

36 IPU and ICRC, International Humanitarian Law: A Handbook for Parliamentarians N. 25, 2016, available online: https://shop.icrc.org/respect-for-international-humanitarian-law-2830.html .


COM

PARA

TIVE

TAB

LE 1

2: IH

L IN

TEGR

ATIO

N IN

ACA

DEM

ICS

IN W

EST

AFRI

CA

Burk

ina

Faso

The

Gam

bia

Ghan

aGu

inea

Libe

riaM

ali

Nige

rNi

geria

Sene

gal

Publ

ic

Adm

inis

tratio

n an

d Ju

dici

ary

Scho

ol

Curri

cula

is

bein

g re

vise

d to

inte

grat

e,

amon

g ot

hers

, hu

man

righ

ts

and

(pos

sibl

y)

IHL

as p

art

of in

tegr

atin

g hu

man

righ

ts

into

pub

lic

educ

atio

n sy

stem

pr

ogra

m.

IHL

is ta

ught

at

the

Banj

ul L

aw

Facu

lty

IHL

is s

tudi

ed

as a

n el

ectiv

e co

urse

in th

e Sc

hool

of

Law

of t

he

Univ

ersi

ty

of G

hana

, Le

gon-

Accr

a

IHL

is ta

ught

in

all

Law

Fa

culti

es o

f the

Un

iver

sitie

s of

Co

nakr

y an

d th

e co

untry

’s in

terio

r, in

line

w

ith th

e tra

inin

g pr

ogra

mm

e de

velo

ped

by

the

Min

istry

fo

r Hig

her

Educ

atio

n as

par

t of

the

Lice

nce,

M

aste

rs a

nd

Doct

orat

e sy

stem

in fo

rce.

IHL

is ta

ught

at t

he

Cutti

ngto

n Un

iver

sity

The

Min

istry

of

Natio

nal D

efen

se

in c

olla

bora

tion

with

the

Min

istry

of

Educ

atio

n is

pla

nnin

g to

dra

ft a

Rese

rved

Of

ficer

trai

ning

Co

urse

(ROT

C) to

be

used

at U

nive

rsiti

es

and

high

sch

ools

. It

will

con

tain

the

sect

ions

on

the

Red

Cros

s an

d ba

sic

info

rmat

ion

on IH

L

The

inte

grat

ion

of IH

L in

Mal

i’s U

nive

rsity

of

Lega

l and

Eco

nom

ic

Scie

nces

(pub

lic

univ

ersi

ty),

as a

min

or

cour

se u

nit,

date

s ba

ck to

the

1996

-19

97 a

cade

mic

yea

r. To

day,

IHL

is p

art

of th

e pr

ogra

m a

t Li

cenc

e le

vel a

t the

Pu

blic

Law

Fac

ulty

. IH

L is

als

o ta

ught

in

priv

ate

inst

itute

s of

le

gal s

tudi

es s

uch

as th

e In

stitu

te o

f Po

litic

al S

cien

ces

and

Inte

rnat

iona

l Rel

atio

ns

(ISPR

IC),

Ahm

ed B

aba

Univ

ersi

ty a

t Lic

ence

or

Mas

ters

leve

l. To

tal

IHL

hour

s ac

ross

un

iver

sitie

s ra

nges

fro

m 2

0 an

d 25

hou

rs

IHL

is p

art o

f the

cu

rricu

lum

of t

he L

aw

Facu

lties

at N

iam

ey

and

Taho

u Un

iver

sitie

s.

In N

iam

ey, I

HL is

als

o ta

ught

to L

icen

ce

stud

ents

stu

dyin

g Pu

blic

La

w o

ptio

n.

IHL

and

pena

l rep

ress

ion

of IH

L vi

olat

ions

is

taug

ht a

t the

Pub

lic

Adm

inis

tratio

n an

d Ju

dici

ary

Scho

ol, w

ith

supp

ort f

rom

the

ICRC

.

IHL

is ta

ught

in s

ome

priv

ate

prof

essi

onal

sc

hool

s in

Nia

mey

, suc

h as

the

Com

plex

e EL

ITE

IHL

is ta

ught

at

unde

rgra

duat

e, m

aste

rs

and

doct

orat

e le

vels

in

the

follo

win

g Ni

geria

n un

iver

sitie

s, w

ith s

uppo

rt fro

m th

e IC

RC :

Obaf

emi

Awol

owo

Univ

ersi

ty, A

hmad

u Be

llo U

nive

rsity

, Abi

a St

ate

Univ

ersi

ty, U

sman

u Da

nfod

io

Univ

ersi

ty, B

ayer

o Un

iver

sity

, Un

iver

sity

of U

yo, R

iver

s St

ate

Univ

ersi

ty o

f Sci

ence

&

Tech

nolo

gy, U

nive

rsity

of

Ibad

an, U

nive

rsity

of

Mai

dugu

ri, L

agos

Sta

te

Univ

ersi

ty, U

nive

rsity

of

Lago

s, U

nive

rsity

of J

os,

Univ

ersi

ty o

f Abu

ja, B

enso

n Id

ahos

a Un

iver

sity

, Uni

vers

ity

of B

enin

, Nas

araw

a St

ate

Univ

ersi

ty, U

nive

rsity

of

Nige

ria, A

fe B

abal

ola

Univ

ersi

ty, A

mbr

ose

Alli

Univ

ersi

ty, U

nive

rsity

of

Cal

abar

, Nig

er-D

elta

Un

iver

sity

, Del

ta S

tate

Un

iver

sity

, and

Bab

cock

Un

iver

sity

IHL

is ta

ught

at

mas

ter d

egre

e le

vel i

n 3

publ

ic

acad

emic

es

tabl

ishm

ents

(U

nive

rsité

Ch

eikh

Ant

a Di

op

of D

akar

(40

hour

s), U

nive

rsité

Ga

ston

Ber

ger o

f Sa

int L

ouis

, and

In

stitu

t des

Dro

its

de l’

Hom

me

et d

e la

Pai

x)

and

in p

rivat

e un

iver

sitie

s (U

nive

rsité

du

Sah

el a

nd

Univ

ersi

té

Amad

ou H

ampâ

té

Ba


PRESENTATION OF STUDY: THE ROOTS OF RESTRAINT IN WAR

Mr. Leven Vezir, the ICRC-Geneva Armed and Security

Forces Adviser, presented a new ICRC stuy titled “The

Roots of Restraint in War”37. As the title suggests, this new

study aimed to better identify the factors that influence

the behavior of all weapon bearers, whoever they may be,

urging them to respect certain limits when using armed

violence, and to maintain a minimum of humanity even

in the heart of the fighting. Mr Vézir said that the study

constituted the update of a study on the origins of behavior

in war carried out by the ICRC in 2004.38 Written just over

a decade later, this new study revisits some of the findings

of the original study, in light of changes in the nature of

conflict and armed groups over time.

Before presenting the methodology and conclusions

of this study, Mr. Vezir highlighted the important new

trends that had emerged over the past decade and the

serious challenges these trends posed to humanitarian

organizations. In particular, he emphasized that the number

of ongoing armed conflicts around the world has increased

dramatically in the last 15 years, and the number of parties

involved in these conflicts has increased exponentially. He

then contextualized the issue of the behavior of armed groups in the current global political environment,

noting a number of serious emerging issues that affect the security of civilians in armed conflict, such as

armed conflicts in urban areas that cause massive displacement, and destroy critical infrastructure.

On the methodology, Mr. Vezir said the study was based on empirical research conducted in five countries,

including Mali, analyzing in eight case studies the sources of influence that have led to the development

of restraint standards for members of state armed forces or state armed groups. In these case studies, the

researchers studied the culture and practices of these arms carriers and identified various political, ethical

and socio-economic reasons for the behavior of the various parties to a conflict.

Socialization, the process through which norms and rules are gradually accepted in society, and then respected

on the battlefield, emerged as a key element of this research. Mr. Vezir explained why the organizational

structure of the parties to armed conflict was relevant to the analysis of the process of socialization of norms;

illustrating it with the various types of armed organizations under study: integrated state armed forces,

armed groups centralized non-state actors, decentralized non-state armed groups and community-based

armed groups.

Finally, Mr. Vezir emphasized that linking law to local norms and values gives the law more strength. The law

plays a vital role in establishing standards. Encouraging each individual to embrace - through socialization -

the values that the law represents helps promote standards of restraint in a more sustainable way.

37 “The Roots of Restraint in War”, ICRC, 2018, available online: https://www.icrc.org/en/publication/roots-restraint-war.

38 Daniel Muñoz-Rojas and Jean-Jacques Frésard, “The Roots of Behaviour in War”, ICRC, Geneva, 2004.


FINAL VALIDATION OF THE PLAN OF ACTION AND CLOSING REMARKS

The ICRC Abuja Deputy Head of Delegation, Dr. Jean-François Quéguiner, opened the final session with an

overview of the topics covered by the MS, and the key points which were raised for each topic. Following this

overview, the Nigerian representative, Mrs. Oche-Obe, who acted as the chair of the meeting, called on MS

participants to vote on validation of the POA. The MS unanimously voted for validation, and the validation

report was signed by Mrs. Oche-Obe, certifying the MS experts’ approval for the meeting.

The following recommendations were set forth in a bid to further enhance the implementation of the ECOWAS

POA:

1. That Member States implement the ECOWAS IHL Plan of Action at the national level by integrating it

in their national IHL Plans of Action, as it is designed to facilitate the IHL implementation goals of the

ECOWAS Commission and Member States;

2. That Member States adopt good repotting practices based on the indicators in the Plan of Action, with

timely requests to ECOWAS for national IHL implementation reports;

3. That Member States make timely requests to ECOWAS and ICRC in areas where technical assistance is

necessary to facilitate the implementation of the Plan of Action;

4. That ECOWAS politically supports efforts led by Member States to ensure the establishment and

functioning of the National IHL Committee; and

5. That ECOWAS and ICRC should continue to support capacity building for effective IHL implementation.

Following these recommendations, Amb. Babatunde Nurudeen, the Ambassador of Nigeria to ECOWAS, joined

Eloi Fillion, ICRC Abuja Head of Delegation, the representative of the Nigerian Minister of Foreign Affairs, Mr.

Udo Oyi, and the representative of the ECOWAS Commissioner of Social Affairs and Gender, to congratulate

the MS experts on the completion of the difficult task set before them. The validated POA was lauded as a

strong document, which would guide the IHL implementation efforts of all MS. The MS participants were

urged to return to their countries and begin promoting the implementation of the POA immediately. They

were assured of the continued support of ECOWAS and the ICRC, but reminded that most of the effort would

need to come from them at the national level. With these messages of support, the meeting was closed.


ECOW

AS P

LAN

OF A

CTIO

N (P

OA) O

N IM

PLEM

ENTA

TION

OF

INTE

RNAT

IONA

L HU

MAN

ITAR

IAN

LAW

IN W

EST

AFRI

CA (2

019-

2023

)

Stra

tegi

es /

Activ

ities

Succ

ess

Indi

cato

rsRe

spon

sibl

e In

stitu

tion

Sour

ces

of V

erifi

catio

nTi

mef

ram

e

ECOW

AS M

embe

r Sta

tes

ASi

gnat

ure

and

ratifi

catio

n or

acc

essi

on

to IH

L tre

atie

s:1.

Sig

n, ra

tify

or a

cces

s th

e m

ost

rele

vant

IHL

treat

ies

*li

st o

f tre

atie

s an

nexe

d

a. N

umbe

r of o

utst

andi

ng IH

L tre

atie

s si

gned

and

ratifi

ed o

r acc

eded

to.

- Le

gisl

ativ

e an

d ex

ecut

ive

bran

ches

of t

he g

over

nmen

t-

Min

istri

es, o

r org

ans

char

ged

with

trea

ty ra

tifica

tion

- Na

tiona

l IHL

Com

mitt

ees39

- Si

gnat

ure

and

depo

sitio

n of

in

stru

men

t of r

atifi

catio

n/ac

cess

ion

with

the

appr

opria

te

depo

sito

ry

2019

- 202

3

BNa

tiona

l IHL

Com

mitt

ees:

1.

Est

ablis

h or

reac

tivat

e Na

tiona

l IHL

Co

mm

ittee

s –

or c

orre

spon

ding

in

ter-

min

iste

rial o

rgan

s re

spon

sibl

e fo

r IHL

– e

ffect

ivel

y ad

visi

ng

and

assi

stin

g go

vern

men

ts in

im

plem

entin

g an

d sp

read

ing

know

ledg

e of

IHL

2. D

evel

op n

atio

nal I

HL P

OAs

with

pa

rtici

patio

n fro

m g

over

nmen

t and

ci

vil s

ocie

ty

a. N

umbe

r of m

eetin

gs p

er y

ear h

eld

by c

omm

ittee

or o

rgan

resp

onsi

ble

for I

HLb.

Num

ber o

f rep

orts

pro

duce

dc.

Ado

ptio

n of

com

mitt

ee

reco

mm

enda

tions

by

the

rele

vant

br

anch

es o

f gov

ernm

ent

d. P

ublic

atio

n of

nat

iona

l IHL

POA

- Na

tiona

l IHL

Com

mitt

ees

- M

inis

tries

cha

rged

with

es

tabl

ishi

ng a

nd m

anda

ting

a Na

tiona

l IHL

Com

mitt

ee

- Re

leva

nt m

inis

tries

that

sho

uld

sit o

n Na

tiona

l IHL

Com

mitt

ees

incl

udin

g M

inis

tries

of J

ustic

e,

Defe

nse,

Inte

rior a

nd F

orei

gn

Affa

irs

- Es

tabl

ishm

ent i

nstru

men

ts (e

.g.

decr

ee o

r int

er-m

inis

teria

l ord

er),

- An

nual

bud

get

- Dr

aft o

f Nat

iona

l IHL

pla

n of

act

ion

- An

nual

repo

rt on

IHL

impl

emen

tatio

n ac

tiviti

es

- Re

com

men

datio

ns a

nd re

ports

se

nt to

rele

vant

bra

nche

s of

go

vern

men

t

2019

-202

0

ANNEX I: ECOWAS IHL PLAN OF ACTION 2019-2023

39

Ref

eren

ces

to N

atio

nal

IH

L C

omm

itte

e in

th

is P

OA

ref

er t

o N

atio

nal

IH

L C

omm

itte

es o

r co

rres

pon

din

g in

ter-

min

iste

rial

org

ans

resp

onsi

ble

for

IHL

.


CM

igra

nts40

and

Inte

rnal

ly D

ispl

aced

Pe

rson

s (ID

Ps):

1. E

nsur

e le

gisl

atio

n, p

roce

dure

s an

d po

licie

s re

latin

g to

the

prot

ectio

n,

safe

ty, a

nd d

igni

ty o

f all

mig

rant

s,

and

IDPs

, pro

vide

ade

quat

e sa

fegu

ards

in li

ne w

ith IH

RL, I

HL,

and

Refu

gee

Law

.2.

Im

plem

ent s

peci

fic le

gisl

atio

n an

d po

licie

s fo

r IDP

s, w

hich

fully

in

corp

orat

e th

e re

quire

men

ts

and

prot

ectio

ns o

f the

Kam

pala

Co

nven

tion

3. D

esig

nate

and

man

date

a

com

pete

nt n

atio

nal a

utho

rity

or

body

resp

onsi

ble

for p

rote

ctio

n an

d as

sist

ance

, ass

igni

ng

resp

onsi

bilit

ies

to a

ppro

pria

te

orga

ns, a

nd c

oope

ratin

g w

ith

rele

vant

inte

rnat

iona

l age

ncie

s an

d ci

vil s

ocie

ty o

rgan

izatio

ns

4. E

nsur

e bo

rder

sec

urity

age

ncie

s an

d ot

her b

odie

s de

alin

g w

ith m

igra

nts

rece

ive

spec

ial t

rain

ing

on th

e rig

hts

of m

igra

nts,

and

the

spec

ial c

lass

es

of m

igra

nts

such

as

refu

gees

and

ot

her a

sylu

m s

eeke

rs.

5. I

nitia

te in

form

atio

n ca

mpa

igns

for

the

civi

lian

popu

latio

n, m

igra

nts,

an

d ID

Ps, d

etai

ling

the

right

s an

d pr

otec

tions

due

to th

ese

vuln

erab

le

grou

ps, a

nd e

ncou

ragi

ng c

omm

unity

le

vel r

espe

ct a

nd a

ccep

tanc

e

a. L

egis

latio

n, p

roce

dure

s an

d po

licie

s pr

otec

ting

the

safe

ty a

nd d

igni

ty o

f m

igra

nts

in li

ne w

ith IH

RL, I

HL a

nd

Refu

gee

Law

; b.

Leg

isla

tion

and

polic

ies

inte

grat

ing

the

Kam

pala

Con

vent

ion;

c.

Des

igna

tion

of a

com

pete

nt n

atio

nal

auth

ority

for t

he p

rote

ctio

n an

d as

sist

ance

of m

igra

nts

and

IDPs

d. N

umbe

r of b

orde

r sec

urity

uni

ts

give

n sp

ecia

l tra

inin

g on

the

right

s,

prot

ectio

n, a

nd d

iffer

ing

stat

us o

f m

igra

nts

e. D

iver

sity

, qua

lity,

and

geog

raph

ic

scop

e of

info

rmat

ion

cam

paig

ns

- Le

gisl

ativ

e, e

xecu

tive,

an

d ju

dici

al b

ranc

hes

of

gove

rnm

ent;

- Re

leva

nt m

inis

tries

- Na

tiona

l IHL

Com

mitt

ee

- Na

tiona

l aut

horit

y fo

r the

pr

otec

tion

and

assi

stan

ce o

f m

igra

nts

and

IDPs

-

Med

ia-

Bord

er s

ecur

ity a

genc

ies

- Ga

zette

d le

gisl

atio

ns;

- Na

tiona

l pol

icie

s;

- Es

tabl

ishm

ent i

nstru

men

ts (e

.g.

decr

ee, i

nter

-min

iste

rial o

rder

, te

rms

of re

fere

nces

) of a

nat

iona

l au

thor

ity o

r bod

y fo

r mig

rant

and

ID

Ps p

rote

ctio

n an

d as

sist

ance

; -

Repo

rts o

n st

atus

of m

igra

nts

and

IDPs

from

nat

iona

l age

ncie

s,

civi

l soc

iety

, and

inte

rnat

iona

l or

gani

zatio

ns m

onito

ring

mig

ratio

n an

d ID

Ps re

late

d is

sues

- Tr

aini

ng m

anua

ls a

nd re

ports

an

d as

sess

men

t res

ults

follo

win

g bo

rder

sec

urity

offi

cer t

rain

ings

- Di

ssem

inat

ion

cam

paig

ns th

ough

ra

dio,

tele

visi

on, n

ewsp

aper

, and

in

-per

son

pres

enta

tions

2019

-202

1

40

“

Mig

ran

ts”

ref

ers

her

e to

its

broa

d de

fin

itio

n w

hic

h in

clu

des

refu

gees

, asy

lum

see

kers

an

d ir

regu

lar

mig

ran

ts t

o ca

ptu

re t

he

full

ext

ent

of h

um

anit

aria

n c

once

rns

rela

ted

to

mig

rati

on, a

nd

to p

rovi

de s

uff

icie

nt

flex

ibil

ity

to a

ddre

ss p

eopl

e’s

ofte

n c

ompl

ex a

nd

chan

gin

g si

tuat

ion

, reg

ardl

ess

of t

hei

r re

ason

s fo

r m

igra

tin

g.


DCh

ildre

n:

1. I

nteg

rate

, and

ens

ure

resp

ect f

or,

the

rule

s of

trea

ties

rela

ting

to th

e rig

hts

of c

hild

ren

in a

rmed

con

flict

s,

incl

udin

g th

e Ge

neva

Con

vent

ions

an

d its

Pro

toco

ls a

nd th

e 19

89

Conv

entio

n on

the

right

s of

the

Child

an

d its

200

0 Op

tiona

l Pro

toco

l, in

to

dom

estic

lega

l fra

mew

orks

2. I

ncor

pora

te s

peci

fic tr

aini

ng o

n th

e pr

otec

tion

of c

hild

ren,

and

trea

tmen

t of

chi

ld c

omba

tant

s, in

to th

e tra

inin

g of

all

rank

s of

sol

dier

s an

d se

curit

y fo

rces

3. D

esig

nate

spe

cial

ly tr

aine

d se

nior

se

curit

y an

d m

ilita

ry o

ffice

rs in

ch

arge

of w

orki

ng w

ith a

ctiv

e un

its,

rele

vant

min

istri

es, a

nd c

ivil

soci

ety

grou

ps to

pro

tect

the

acce

ss o

f ch

ildre

n to

edu

catio

n4.

Ens

ure

child

ren

are

prot

ecte

d an

d le

ft un

touc

hed

by a

ll pa

rtici

pant

s du

ring

arm

ed c

onfli

cts

and

othe

r si

tuat

ions

of v

iole

nce

5. E

nsur

e sc

hool

s ar

e pr

otec

ted

and

left

unto

uche

d by

all

parti

cipa

nts

durin

g ar

med

con

flict

s an

d ot

her

situ

atio

ns o

f vio

lenc

e

a.

Legi

slat

ion

and

mea

sure

s pr

otec

ting

the

right

s of

chi

ldre

n in

arm

ed

confl

icts

and

crim

inal

izing

rela

ted

IHL

viol

atio

ns

b. N

umbe

r of j

udic

ial p

roce

edin

gs

in c

ases

of I

HL v

iola

tions

aga

inst

ch

ildre

nc.

A

mod

ule

on c

hild

pro

tect

ion

is re

quire

d fo

r all

sold

iers

and

m

embe

rs o

f sec

urity

forc

es in

tra

inin

gd.

Num

ber o

f coo

rdin

atio

n an

d di

ssem

inat

ion

mee

tings

faci

litat

ed

by d

esig

nate

d se

nior

sec

urity

and

m

ilita

ry o

ffice

rse.

Ch

ildre

n ha

ve c

ontin

uous

acc

ess

to

educ

atio

n in

sec

ure

envi

ronm

ents

th

roug

hout

any

per

iod

of a

rmed

co

nflic

t or o

ther

situ

atio

ns o

f vi

olen

cef.

Scho

ols

rem

ain

unoc

cupi

ed a

nd

unda

mag

ed b

y co

mba

tant

s du

ring

arm

ed c

onfli

cts

or o

ther

situ

atio

ns

of v

iole

nce

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of g

over

nmen

t -

Rele

vant

min

istri

es-

Natio

nal I

HL c

omm

ittee

s-

Mili

tary

and

par

amili

tary

trai

ning

ce

nter

s -

Civi

l soc

iety

gro

ups

- Ga

zette

d le

gisl

atio

ns

- Na

tiona

l pol

icie

s-

Judi

cial

dec

isio

ns

- Re

ports

from

nat

iona

l age

ncie

s,

civi

l soc

iety

, and

inte

rnat

iona

l or

gani

zatio

ns m

onito

ring

child

pr

otec

tion

- Up

date

d tra

inin

g m

anua

ls-

Spec

ial d

esig

natio

n/or

ders

issu

ed

to s

elec

ted

seni

or o

ffice

rs

- Su

rvey

s an

d re

ports

of s

tude

nts

and

othe

r mem

bers

of t

he

com

mun

ity d

urin

g an

d af

ter

arm

ed c

onfli

cts

and

othe

r si

tuat

ions

of v

iole

nce

2019

-202

1


ESe

xual

vio

lenc

e:

1. I

nteg

rate

mea

sure

s to

pre

vent

and

cr

imin

alize

rape

and

oth

er fo

rms

of s

exua

l vio

lenc

e du

ring

arm

ed

confl

ict i

n do

mes

tic le

gisl

atio

n, w

ith

spec

ial p

rote

ctio

ns fo

r the

mos

t vu

lner

able

gro

ups,

e.g

. wom

en a

nd

child

ren

2. C

reat

e di

ssem

inat

ion

prog

ram

s on

th

e pr

even

tion

of s

exua

l vio

lenc

e to

the

gene

ral p

ublic

and

to a

rmed

fo

rces

3. E

stab

lish

spec

ializ

ed tr

aini

ngs

for t

he ju

dici

al s

ecto

r on

the

pros

ecut

ion

of IH

L vi

olat

ions

rela

ting

to s

exua

l vio

lenc

e4.

Ens

ure

mili

tary

and

sec

urity

au

thor

ities

est

ablis

h st

rong

and

se

nsiti

ve in

tern

al s

yste

ms

for

mon

itorin

g an

d re

spon

ding

to s

exua

l vi

olen

ce, t

akin

g in

to a

ccou

nt th

e di

fferin

g ne

eds

of e

ach

surv

ivor

5. P

rovi

de s

peci

alize

d tra

inin

g fo

r pe

rson

nel i

n al

l ins

titut

ions

who

may

re

spon

d to

sex

ual v

iole

nce

in a

rmed

co

nflic

t, st

ress

ing

the

impo

rtanc

e of

se

nsiti

vity

to th

e ne

eds

of s

urvi

vors

a.

Legi

slat

ion

and

mea

sure

s pr

even

ting

and

crim

inal

izing

rape

an

d ot

her f

orm

s of

sex

ual v

iole

nce

durin

g ar

med

con

flict

s;b.

Num

ber o

f jud

icia

l pro

cedu

res

and

deci

sion

s on

IHL

viol

atio

ns re

latin

g to

sex

ual v

iole

nce

c.

Num

ber o

f dis

sem

inat

ion

prog

ram

s,

with

the

civi

lian

com

pone

nt

rece

ivin

g eq

ual p

riorit

yd.

Par

ticip

atio

n by

civ

il so

ciet

y gr

oups

an

d co

mm

unity

lead

ers

in th

e di

ssem

inat

ion

prog

ram

se.

Nu

mbe

r of j

udge

s go

ing

thro

ugh

the

spec

ializ

ed ju

dici

al tr

aini

ngf.

Num

ber o

f sur

vivo

rs a

ssis

ted

as a

re

sult

of th

e au

thor

ities

’ mon

itorin

g an

d re

spon

se s

yste

mg.

All

pers

onne

l res

pond

ing

to

surv

ivor

s of

sex

ual v

iole

nce

in a

rmed

con

flict

ben

efit f

rom

sp

ecia

lized

trai

ning

for t

reat

men

t of

surv

ivor

sh.

Per

cent

age

or s

urvi

vors

who

rece

ive

ongo

ing

assi

stan

ce in

all

area

s of

ne

edi.

Num

ber a

nd q

ualit

y of

join

t in

itiat

ives

by

the

gove

rnm

ent w

ith

the

Natio

nal S

ocie

ties

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of g

over

nmen

t -

Rele

vant

min

istri

es in

clud

ing

the

Min

istri

es o

f Jus

tice,

Hea

lth, a

nd

Defe

nse;

-

Arm

ed a

nd s

ecur

ity fo

rces

co

mm

ande

rs a

nd m

ilita

ry

cour

ts;

- St

ate

pros

ecut

ors

and

the

judi

ciar

y-

Rele

vant

gov

ernm

enta

l and

pr

ivat

e in

stitu

tiona

l per

sonn

el-

Natio

nal S

ocie

ties

of th

e M

ovem

ent

- Ga

zette

d le

gisl

atio

n;

- Na

tiona

l pol

icie

s an

d st

atis

tics;

- Re

ports

on

diss

emin

atio

n in

itiat

ives

;-

Lite

ratu

re/m

anua

ls a

nd

othe

r mat

eria

ls u

sed

in th

e di

ssem

inat

ions

and

spe

cial

ized

train

ings

;-

Repo

rts o

n sp

ecia

lizat

ion

train

ings

fo

r the

judi

cial

sec

tor

- Re

ports

from

nat

iona

l age

ncie

s,

civi

l soc

iety

, and

inte

rnat

iona

l or

gani

zatio

ns m

onito

ring

sexu

al

viol

ence

- Ju

dici

al d

ecis

ions

- An

nual

repo

rts o

f res

ults

from

m

ilita

ry a

nd s

ecur

ity a

utho

ritie

s on

th

e w

ork

mon

itorin

g an

d re

spon

se

syst

em re

late

d to

sex

ual v

iole

nce

- Tr

aini

ng m

anua

ls a

nd a

sses

smen

t re

sults

of s

peci

alize

d tra

inin

gs-

Surv

eys

of s

urvi

vors

-

Repo

rts fr

om N

atio

nal S

ocie

ties

2019

-202

2


6. W

ork

with

Nat

iona

l Red

Cro

ss a

nd

Red

Cres

cent

Soc

ietie

s an

d ci

vil

soci

ety

orga

niza

tions

to e

nsur

e su

rviv

ors

of s

exua

l vio

lenc

e ha

ve

ongo

ing

acce

ss to

any

non

-di

scrim

inat

ory

assi

stan

ce th

ey

requ

ire (h

ealth

car

e se

rvic

es,

reha

bilit

atio

n, p

sych

olog

ical

, soc

io-

econ

omic

, and

/or s

pirit

ual).

All

whi

le e

nsur

ing

the

priv

acy,

dign

ity,

and

safe

ty o

f the

sur

vivo

rs, a

nd

wor

king

to c

omba

t soc

ial s

tigm

a th

at m

ay e

xist

FPr

otec

tion

of H

ealth

Car

e an

d th

e Re

d Cr

oss

and

Red

Cres

cent

Em

blem

: 1.

Int

egra

te a

nd e

nfor

ce m

easu

res

set

out i

n IH

L an

d IH

RL in

stru

men

ts o

n th

e re

spec

t and

pro

tect

ion

of h

ealth

ca

re in

dom

estic

lega

l fra

mew

orks

2. E

nact

spe

cific

legi

slat

ive

and

regu

lato

ry m

easu

res

to p

reve

nt

and

crim

inal

ize m

isus

e of

the

Mov

emen

t’s e

mbl

ems

as s

et o

ut in

th

e Ge

neva

Con

vent

ions

and

thei

r Ad

ditio

nal P

roto

cols

a.

Legi

slat

ion

and

mea

sure

s en

sure

th

e re

spec

t and

pro

tect

ion

of h

ealth

ca

re in

arm

ed c

onfli

cts

and

in o

ther

si

tuat

ions

of v

iole

nce;

b.

Leg

isla

tion

and

mea

sure

s pr

even

t th

e m

isus

e of

the

embl

ems;

c.

Num

ber o

f jud

icia

l pro

cedu

res

rela

ting

to v

iola

tions

of l

aws

prot

ectin

g he

alth

care

and

/or t

he

embl

ems

d. O

pera

ting

proc

edur

es p

rote

ctin

g ac

cess

and

del

iver

y of

hea

lth c

are

durin

g se

curit

y op

erat

ions

are

in

clud

ed in

tem

plat

es fo

r all

secu

rity

oper

atio

nse.

Nu

mbe

r of d

isci

plin

ary

proc

eedi

ngs

by m

edic

al b

oard

s fo

r dis

crim

inat

ion

in h

ealth

car

e de

liver

y

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of th

e go

vern

men

t-

Natio

nal I

HL C

omm

ittee

s -

Rele

vant

min

istri

es in

clud

ing

Min

istri

es o

f Jus

tice,

Hea

lth, a

nd

Defe

nse

- Se

curit

y fo

rces

and

thei

r st

rate

gic

plan

ning

uni

ts-

Med

ical

eth

ics

boar

ds a

nd o

ther

si

mila

r bod

ies

mon

itorin

g th

e pr

actic

es o

f hea

lth c

are

wor

kers

- He

alth

car

e pe

rson

nel,

reci

pien

ts, a

nd c

omm

unity

st

akeh

olde

rs

- Ga

zette

d le

gisl

atio

n -

Natio

nal p

olic

ies

- Ju

dici

al d

ecis

ions

-

Repo

rts fr

om h

ealth

care

pro

vide

rs

and

orga

niza

tions

wor

king

in th

e fie

ld-

Copi

es o

f ope

ratin

g pr

oced

ures

an

d m

ilita

ry d

octri

nes

appr

oved

fo

r spe

cific

ope

ratio

ns-

Repo

rts o

f mee

tings

of m

edic

al

ethi

cs b

odie

s, a

nd c

opie

s of

di

scip

linar

y de

cisi

ons

- Di

ssem

inat

ion

mat

eria

ls a

nd

follo

w u

p su

rvey

s in

loca

l co

mm

uniti

es-

Repo

rts o

f atta

cks,

abu

se, o

r di

scrim

inat

ion

agai

nst h

ealth

car

e pe

rson

nel,

reci

pien

ts, f

acili

ties,

or

trans

port

2019

-202

2


3. S

crut

inize

the

doct

rines

, sta

ndar

d op

erat

iona

l pro

cedu

res,

trai

ning

s,

and

prac

tices

of s

ecur

ity o

pera

tions

to

ens

ure

acce

ss a

nd d

eliv

ery

of h

ealth

car

e is

pro

tect

ed in

all

inst

ance

s4.

Gov

ernm

enta

l org

ans

wor

k w

ith

med

ical

eth

ics

bodi

es to

inve

stig

ate

and

disc

iplin

e er

ring

med

ical

pr

ofes

sion

als

and

sens

itizin

g th

e pu

blic

on

med

ical

eth

ics

and

resp

ect

of th

e rig

ht o

f all

to a

cces

s he

alth

ca

re, w

ithou

t dis

crim

inat

ion,

at a

ll tim

es5.

Est

ablis

h na

tiona

l dat

a co

llect

ion

mec

hani

sms/

fram

ewor

ks fo

r do

cum

entin

g in

cide

nts

of v

iole

nce

agai

nst t

he s

ick

and

wou

nded

, he

alth

care

per

sonn

el, f

acili

ties

and

trans

port.

Als

o, p

rom

ote

rese

arch

an

d re

porti

ng o

n th

e pu

blic

hea

lth

impa

ct o

f suc

h oc

curre

nces

.

f. Nu

mbe

r of p

ublic

dis

sem

inat

ions

on

resp

ect f

or h

ealth

car

e ac

cess

fo

r all

g. D

ata

colle

ctio

n m

echa

nism

s of

all

viol

ent o

r dis

crim

inat

ory

acts

aga

inst

hea

lth c

are

reci

pien

ts, p

erso

nnel

, fac

ilitie

s, o

r tra

nspo

rtatio

n


GCo

unte

r-Ter

roris

m:

1. E

nsur

e do

mes

tic le

gal f

ram

ewor

ks

rela

ted

to c

ount

er-t

erro

rism

do

not o

verla

p or

con

tradi

ct IH

L by

pr

ohib

iting

con

duct

whi

ch is

law

ful

unde

r IHL

, cre

atin

g le

gal c

onfu

sion

, an

d ad

vers

ely

affe

ctin

g th

e un

derly

ing

prin

cipl

es o

f IHL

2. E

nsur

e hu

man

itaria

n ac

tors

are

abl

e to

con

duct

thei

r non

-dis

crim

inat

ory

prot

ectio

n an

d as

sist

ance

act

iviti

es

with

out t

he th

reat

of p

rose

cutio

n or

har

assm

ent b

y th

e go

vern

men

t, se

curit

y fo

rces

, or g

ener

al

popu

latio

n

a.

Legi

slat

ion

on c

ount

er-t

erro

rism

th

at d

o no

t ove

rlap

or c

ontra

dict

IHL

b. J

udic

ial d

ecis

ions

cor

rect

ly

inte

rpre

ting

coun

ter-

terro

rism

la

ws

and

IHL

not c

reat

ing

lega

l co

nfus

ion,

and

adv

erse

ly a

ffect

ing

the

unde

rlyin

g pr

inci

ples

of I

HLc.

Hu

man

itaria

n w

orke

rs c

arry

out

ac

tiviti

es w

ithou

t adv

erse

reac

tions

fro

m th

e St

ate

d. T

he c

ivili

an p

opul

atio

n an

d se

curit

y fo

rces

und

erst

and

the

impo

rtanc

e of

non

disc

rimin

ator

y pr

ovis

ion

of a

ssis

tanc

e to

vul

nera

ble

popu

latio

ns.

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of th

e go

vern

men

t-

Rele

vant

Min

istri

es in

clud

ing

Min

istri

es o

f Jus

tice,

Def

ense

an

d In

terio

r-

Natio

nal I

HL C

omm

ittee

s-

Spec

ializ

ed m

ilita

ry a

nd

para

mili

tary

forc

es

- Ga

zette

d le

gisl

atio

n an

d re

gula

tions

; -

Judi

cial

dec

isio

ns-

Repo

rts fr

om h

uman

itaria

n or

gani

zatio

ns fo

llow

ing

prot

ectio

n or

ass

ista

nce

activ

ities

- Re

ports

from

dis

cuss

ions

with

co

mm

unity

gro

ups

and

secu

rity

forc

es

2019

-202

3

HUs

e of

For

ce in

Law

Enf

orce

men

t:1.

Ens

ure

legi

slat

ion,

pro

cedu

res

and

polic

ies

regu

latin

g us

e of

forc

e pr

ovid

e ad

equa

te s

afeg

uard

s in

line

w

ith IH

RL, I

HL a

nd D

omes

tic L

aw2.

Initi

ate

train

ing

and

capa

city

-bu

ildin

g of

sec

urity

offi

cial

s in

ac

cord

ance

with

inte

rnat

iona

l ru

les

and

stan

dard

s, in

clud

ing

teac

hing

of p

olic

e et

hics

, hum

an

right

s an

d co

rrect

use

of f

orce

co

nsid

erin

g le

galit

y, ne

cess

ity a

nd

prop

ortio

nalit

y.3.

Pro

vide

sec

urity

offi

cial

s w

ith

non-

leth

al w

eapo

ns h

ighl

ight

ing

adve

rse

effe

cts

on h

ealth

to e

nsur

e a

diffe

rent

iate

d us

e of

forc

e, a

nd

pena

lize

all e

xces

sive

use

of f

orce

a.

Legi

slat

ion

is p

asse

d en

shrin

ing

the

limits

on

the

use

of fo

rce

in la

w

enfo

rcem

ent,

and

impl

emen

ted

at th

e re

leva

nt le

vels

of l

aw

enfo

rcem

ent

b. N

umbe

r of o

ffici

als

train

ed in

po

lice

ethi

cs, h

uman

righ

ts a

nd

alte

rnat

ives

to th

e us

e of

forc

ec.

Re

duct

ion

in th

e am

ount

of fi

rear

m

use

by la

w e

nfor

cem

ent,

and

com

plai

nts

of e

xces

sive

forc

e.d.

All

illeg

al u

se o

f for

ce is

pen

alize

d by

the

appr

opria

te la

w e

nfor

cem

ent

mec

hani

sms,

and

the

judi

ciar

y

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of th

e go

vern

men

t-

Rele

vant

Min

istri

es in

clud

ing

Min

istri

es o

f Jus

tice,

Def

ense

an

d In

terio

r-

Law

enf

orce

men

t age

ncie

s-

Natio

nal I

HL C

omm

ittee

s

- Ga

zette

d le

gisl

atio

n -

Trai

ning

repo

rts, l

ist o

f pa

rtici

pant

s, a

nd e

valu

atio

ns

- Tr

aini

ng m

anua

ls o

r mod

ules

for

spec

ializ

atio

n tra

inin

g-

Judi

cial

and

law

enf

orce

men

t ag

ency

dec

isio

ns o

n us

e of

forc

e ca

ses

- St

atis

tics

on fi

rear

m u

se, a

nd

exce

ssiv

e fo

rce

com

plai

nts

2019

-202

2


IAr

ms

Cont

rol:

1. H

arm

onize

dom

estic

lega

l fra

mew

orks

with

IHL

inst

rum

ents

re

gula

ting

wea

pons

, inc

ludi

ng th

e AT

T an

d EC

OWAS

Con

vent

ion

on

Smal

l Arm

s an

d Li

ght W

eapo

ns

(SAL

W)

2. D

esig

nate

and

man

date

com

pete

nt

natio

nal a

utho

ritie

s an

d fo

cal

poin

ts –

suc

h as

Nat

iona

l Arm

s Co

ntro

l Com

mitt

ees

and/

or N

atio

nal

Com

mis

sion

for t

he fi

ght a

gain

st th

e ill

icit

prol

ifera

tion

and

circ

ulat

ion

of

Smal

l Arm

s an

d Li

ght W

eapo

n –

to

fost

er, c

oord

inat

e an

d re

port

on th

e im

plem

enta

tion

of IH

L in

stru

men

ts

regu

latin

g w

eapo

ns3.

Est

ablis

h an

d m

aint

ain

natio

nal

reco

rds

of e

xpor

t aut

horiz

atio

n or

ac

tual

exp

ort o

f con

vent

iona

l arm

s4.

Est

ablis

h na

tiona

l con

trol s

yste

ms

regu

latin

g ex

port,

impo

rt, tr

ansi

t, tra

nssh

ipm

ent o

f, an

d br

oker

ing

activ

ities

rela

ted

to, c

onve

ntio

nal

arm

s, a

nd to

regu

late

the

expo

rts o

f re

late

d am

mun

ition

and

par

ts a

nd

com

pone

nts

a. L

egis

latio

n an

d m

easu

res

regu

latin

g th

e us

e, tr

ansf

er a

nd b

roke

ring

of

wea

pons

, the

ir am

mun

ition

and

ot

her r

elat

ed m

ater

ials

in c

onfo

rmity

w

ith IH

L an

d re

leva

nt tr

eatie

s;

b. A

ctiv

e an

d ef

ficie

nt n

atio

nal

auth

oriti

es o

r foc

al p

oint

fost

er,

coor

dina

te a

nd re

port

on th

e im

plem

enta

tion

of IH

L in

stru

men

ts

regu

latin

g w

eapo

nsc.

Effe

ctiv

e na

tiona

l rec

ords

of e

xpor

t au

thor

izatio

n or

act

ual e

xpor

t of

conv

entio

nal a

rms

d. E

ffect

ive

natio

nal c

ontro

l sys

tem

s re

gula

ting

expo

rt, im

port,

tran

sit,

trans

ship

men

t of,

and

brok

erin

g ac

tiviti

es re

late

d to

, con

vent

iona

l ar

ms,

and

to re

gula

te th

e ex

ports

of

rela

ted

amm

uniti

on a

nd p

arts

and

co

mpo

nent

s

- Le

gisl

ativ

e an

d ex

ecut

ive

bran

ches

of g

over

nmen

t; -

Natio

nal I

HL C

omm

ittee

s;

- SA

LW C

omm

ittee

s;

- Re

leva

nt m

inis

tries

incl

udin

g M

inis

tries

of J

ustic

e, D

efen

se,

and

Inte

rior

- Na

tiona

l age

ncie

s of

con

trol a

nd

regu

latio

n of

impo

rt an

d ac

tual

ex

port

of c

onve

ntio

nal w

eapo

ns

- Le

gisl

atio

n, re

gula

tions

and

pr

actic

e;

- Im

plem

enta

tion

repo

rts s

ubm

itted

to

the

rele

vant

trea

ty o

rgan

s,

- Es

tabl

ishm

ent i

nstru

men

ts

(e.g

. dec

ree

or in

ter-

min

iste

rial

orde

r) of

arm

s co

ntro

l nat

iona

l au

thor

ities

and

foca

l poi

nts

- Ar

ms

cont

rol n

atio

nal a

utho

ritie

s an

d fo

cal p

oint

s’ a

ctiv

ity re

ports

an

d re

com

men

datio

ns

2019

-202

3


JPe

nal r

epre

ssio

n of

IHL

viol

atio

ns:

1. H

arm

onize

dom

estic

legi

slat

ion

with

IHL

inst

rum

ents

for e

ffect

ive

prev

entio

n, p

rose

cutio

n an

d pu

nish

men

t of I

HL v

iola

tions

2. E

nsur

e ju

dici

al g

uara

ntee

s re

flect

ed

in IH

L an

d IH

RL a

re in

tegr

ated

in

dom

estic

legi

slat

ion

3. In

tegr

ate

IHL

in in

itial

and

per

iodi

c sp

ecia

lizat

ion

train

ings

for j

udge

s,

pros

ecut

ors,

and

oth

er ju

dici

al

acto

rs

4. T

ake

all m

easu

re to

faci

litat

e ju

dici

al

coop

erat

ion

betw

een

the

com

pete

nt

auth

oriti

es o

f Mem

ber S

tate

s

a. C

rimin

al le

gisl

atio

n ha

rmon

izing

do

mes

tic la

w w

ith IH

Lb.

Num

ber o

f jud

ges,

pro

secu

tors

and

ot

her j

udic

ial a

ctor

s tr

aine

d on

IHL

c. N

umbe

r of j

udge

s, p

rose

cuto

rs a

nd

othe

r jud

icia

l act

ors

spec

ializ

ed in

IH

Ld.

Num

ber o

f IHL

rela

ted

pros

ecut

ions

an

d ju

dici

al d

ecis

ions

uph

eld

and

resp

ecte

d

- Le

gisl

ativ

e, e

xecu

tive,

and

ju

dici

al b

ranc

hes

of g

over

nmen

t -

Rele

vant

min

istri

es in

clud

ing

Min

istri

es o

f Jus

tice

and

Defe

nse

- Na

tiona

l IHL

com

mitt

ees

- Hi

gh M

agis

tracy

Cou

ncil

- Na

tiona

l Sch

ool o

f Ad

min

istra

tion

and

Mag

istra

cy

- Ba

r ass

ocia

tion

- M

ilita

ry a

nd p

aram

ilita

ry

Scho

ols

- Ga

zette

d le

gisl

atio

n -

Trai

ning

man

uals

or m

odul

es fo

r in

itial

and

spe

cial

izatio

n tra

inin

gs-

IHL

rela

ted

judi

cial

dec

isio

ns

2019

-202

3


KDi

ssem

inat

ion

of IH

L kn

owle

dge

1. D

isse

min

ate

IHL

know

ledg

e an

d en

cour

age

its re

spec

t as

wid

ely

as

poss

ible

to p

arlia

men

taria

ns, c

ivil

soci

ety,

and

the

popu

latio

n as

a

who

le in

clud

ing

in lo

cal l

angu

ages

; 2.

Dis

sem

inat

ion

in A

cade

mic

s:

a. In

tegr

ate

IHL

into

rele

vant

un

iver

sity

pro

gram

s, p

artic

ular

ly

facu

lties

of l

aw, m

edic

ine,

and

jo

urna

lism

/com

mun

icat

ions

b.

Prom

ote

IHL

rela

ted

acad

emic

re

sear

ch a

nd p

ublic

atio

n3.

Dis

sem

inat

ion

to M

ilita

ry/

Para

mili

tary

For

ces

a. D

esig

nate

com

pete

nt le

gal

auth

oriti

es to

adv

ise

com

man

ders

on

the

appl

icat

ion

of IH

L an

d IH

RL,

and

on a

ppro

pria

te in

stru

ctio

ns to

gi

ve m

ilita

ry a

nd s

ecur

ity fo

rces

b. En

sure

IHL/

IHRL

rule

s ar

e in

tegr

ated

in tr

aini

ngs

and

rule

s of

eng

agem

ent o

f mili

tary

and

se

curit

y fo

rces

dur

ing

inte

rnal

se

curit

y an

d pe

acek

eepi

ng

mis

sion

s, w

ith p

artic

ular

focu

s on

pr

otec

tion

of w

omen

and

chi

ldre

n an

d to

tran

slat

e th

em in

the

loca

l la

ngua

ges

of M

embe

r Sta

tes

c. En

sure

the

judi

cial

bod

ies

of

mili

tary

and

sec

urity

forc

es a

re

train

ed in

the

appl

icat

ion

of IH

L,

and

can

puni

sh IH

L vi

olat

ions

by

thei

r tro

ops

4. T

rans

late

IHL

treat

ies

in th

e lo

cal

lang

uage

s of

Mem

ber S

tate

s

a. N

umbe

r of I

HL re

late

d pr

osec

utio

ns

and

judi

cial

dec

isio

ns u

phel

d an

d re

spec

ted

b. A

mou

nt o

f leg

isla

tion

pass

ed

impl

emen

ting

IHL

rela

ted

treat

ies

c. N

umbe

r of m

eetin

gs, t

rain

ings

and

ac

tiviti

es w

ith c

ivil

soci

ety

acto

rs,

the

med

ia, m

edic

al o

rgan

izatio

ns,

and

spec

ial i

nter

est g

roup

sd.

Am

ount

and

qua

lity

of IH

L di

ssem

inat

ion

mat

eria

le.

Num

ber o

f act

ive

civi

l soc

iety

and

ac

adem

ic n

etw

orks

on

IHL;

f.

Num

ber a

nd q

ualit

y of

uni

vers

ities

in

tegr

atin

g IH

L co

urse

and

sp

ecia

lizat

ion

prog

ram

s g.

Num

ber a

nd q

ualit

y of

IHRL

and

IH

L le

gal a

dvis

ors

for m

ilita

ry a

nd

secu

rity

forc

es;

h. A

mou

nt a

nd q

ualit

y of

adv

ice

to m

ilita

ry c

omm

ande

rs o

n th

e ap

plic

atio

n of

IHL

and

IHRL

i.

Mai

nstre

amin

g of

IHL

into

trai

ning

pr

ogra

ms

of m

ilita

ry a

nd s

ecur

ity

forc

es;

j. E

stab

lishm

ent o

f pro

tect

ion

units

se

nsiti

zed

to s

peci

al p

rote

ctio

n ne

eds

of w

omen

and

chi

ldre

nk.

Suc

cess

ful c

ourt

mar

tials

of a

ll pr

oven

cas

es o

f IHL

vio

latio

ns, w

ith

appr

opria

te p

unis

hmen

ts m

eted

out

- Na

tiona

l IHL

Com

mitt

ees;

-

Rele

vant

min

istri

es in

clud

ing

Min

istri

es o

f Edu

catio

n,

Defe

nse,

and

Jus

tice;

-

Parli

amen

taria

ns-

Univ

ersi

ties

incl

udin

g La

w

Facu

lties

, Med

ical

Sch

ools

and

Co

mm

unic

atio

n De

partm

ents

-

Mili

tary

and

par

amili

tary

forc

es

lega

l adv

isor

s-

Mili

tary

cou

rts a

nd tr

ibun

als

- M

ilita

ry a

nd p

aram

ilita

ry

Scho

ols

- Di

ssem

inat

ion

activ

ity re

ports

, lis

t of

par

ticip

ants

and

eva

luat

ions

- M

edia

cov

erag

e of

- IH

L re

late

d ne

ws

- Un

iver

sity

pro

gram

s an

d cu

rricu

lum

inte

grat

ing

IHL

- IH

L re

late

d ac

adem

ic re

sear

ch

and

publ

icat

ion

- Es

tabl

ishm

ent a

cts

crea

ting

mili

tary

and

sec

urity

forc

es

lega

l adv

isor

s po

sitio

ns,

with

des

igna

tions

mad

e by

co

mm

ande

rs-

Mili

tary

and

par

amili

tary

forc

es

train

ing

man

uals

and

cur

ricul

a;

- Sp

ecia

lized

trai

ning

man

uals

an

d co

urse

s on

the

prot

ectio

n of

pa

rticu

larly

vul

nera

ble

grou

ps in

ar

med

con

flict

s or

oth

er s

ituat

ions

of

vio

lenc

e -

Parti

cipa

tion

of m

ilita

ry a

nd

secu

rity

forc

es le

gal a

dvis

ors

in

train

ings

and

dep

loym

ents

;-

Reco

mm

enda

tions

and

repo

rts o

f m

ilita

ry a

nd s

ecur

ity fo

rces

lega

l ad

viso

rs-

Deci

sion

s of

mili

tary

cou

rts/

tribu

nals

2019

-202

3


ECOW

AS C

OMM

ISSI

ON

LEC

OWAS

-ICRC

IHL

Revi

ew M

eetin

g on

the

Impl

emen

tatio

n of

IHL

in W

est

Afric

a:W

ith th

e su

ppor

t of I

CRC:

1. O

rgan

ize a

n IH

L Re

view

Mee

ting

on

the

Impl

emen

tatio

n of

IHL

in W

est

Afric

a 2.

Prio

r to

the

mee

ting,

eng

age

with

M

embe

r Sta

tes

(MS)

on

thei

r re

porti

ng o

n IH

L im

plem

enta

tion

3. A

fter t

he m

eetin

g, e

ngag

e w

ith M

S an

d EC

OWAS

repr

esen

tatio

ns in

MS

for t

echn

ical

and

dip

lom

atic

sup

port

tow

ards

the

impl

emen

tatio

n th

e na

tiona

l IHL

prio

ritie

s se

t dur

ing

the

mee

ting

a.

Leve

l of a

ttend

ance

and

pa

rtici

patio

n to

the

IHL

Revi

ew

Mee

ting

b. Q

ualit

y an

d nu

mbe

r of t

he n

atio

nal

repo

rt su

bmitt

ed b

y M

S on

nat

iona

l IH

L im

plem

enta

tion

c.

Num

ber a

nd q

ualit

y of

mee

tings

, co

rresp

onde

nce

and

initi

ativ

es w

ith

MS

and

ECOW

AS re

pres

enta

tions

M

S

- EC

OWAS

Com

mis

sion

-

ICRC

Del

egat

ions

in M

embe

r St

ates

’ cap

itals

- M

embe

r Sta

tes

- Re

port

of th

e m

eetin

g, li

st o

f pa

rtici

pant

s an

d ev

alua

tion;

- M

S Re

ports

on

natio

nal I

HL

impl

emen

tatio

n -

Offic

ial c

orre

spon

denc

e be

twee

n EC

OWAS

and

MS

2019

-202

1

MEC

OWAS

Par

liam

ent:

1. D

isse

min

ate

IHL

to E

COW

AS

Parli

amen

t to

ensu

re it

is p

riorit

ized

a.

Num

ber o

f Par

liam

enta

rians

pa

rtici

patin

g in

info

rmat

ion

sess

ions

on

IHL

and

num

ber o

f ses

sion

s;b.

Ind

epen

dent

Par

liam

enta

ry

disc

ussi

ons

on IH

L an

d its

ap

plic

atio

n in

the

regi

on

- EC

OWAS

Com

mis

sion

, -

ECOW

AS R

epre

sent

atio

n in

M

embe

r Sta

tes’

cap

itals

, -

ICRC

’s De

lega

tion

in A

buja

- Re

ports

of s

essi

ons

held

; -

Publ

ic s

tate

men

ts o

r res

olut

ions

re

flect

ing

the

goal

s an

d ap

plic

atio

n of

IHL

accu

rate

ly

2019

-202

1

NIH

L tra

inin

gs fo

r MS

offic

ials

: 1.

Org

anize

/sup

port

IHL

train

ings

fo

r Nat

iona

l IHL

Com

mitt

ees

– or

co

rresp

ondi

ng in

ter-

min

iste

rial

orga

ns re

spon

sibl

e fo

r IHL

– a

nd

mem

bers

of t

he e

xecu

tive,

le

gisl

ativ

e, a

nd ju

dici

al b

ranc

hes

in M

S

a.

Num

ber o

f tra

inin

g se

ssio

ns,

wor

ksho

ps a

nd e

vent

s;

b. E

volu

tion

of p

olic

ies

and

law

s re

flect

ing

acce

ptan

ce a

nd re

spec

t fo

r IHL

- EC

OWAS

Com

mis

sion

, -

ICRC

Del

egat

ions

in M

S,

- EC

OWAS

Rep

rese

ntat

ion

in M

S

- Ac

tivity

repo

rts, l

ists

of

parti

cipa

nts

and

eval

uatio

ns;

- pu

blic

sta

tem

ents

, or g

azet

te

legi

slat

ion,

refle

ctin

g re

spec

t for

IH

L

2019

-202

3


OEC

OWAS

Sta

ndby

For

ce (E

SF) I

HL

train

ing:

1.

Fol

low

up

and

cont

ribut

e to

the

inte

grat

ion

of IH

L in

ECO

WAS

St

andb

y Fo

rce’

s (E

SF) o

pera

tiona

l an

d pr

e-de

ploy

men

t tra

inin

gs a

nd

man

uals

a.

Inte

grat

ion

of IH

L in

Fie

ld Tr

aini

ng

Exer

cise

s (F

TX) a

nd C

omm

and

Post

Ex

erci

ses

(CPX

) hel

d pe

riodi

cally

; b.

Num

ber o

f pre

-dep

loym

ent

train

ings

; c.

An

nual

ICRC

IHL

wor

ksho

p fo

r m

ilita

ry a

nd p

olic

e co

mm

ande

rs

from

the

EOCW

AS M

S

- IC

RC’s

Dele

gatio

n in

Abu

ja

- ES

F-

Ecol

e de

Mai

ntie

n de

la P

aix

Alio

une

Blon

din

Beye

, Bam

ako

- Ko

ffi A

nnan

Cen

tre, A

ccra

- Na

tiona

l def

ense

col

lege

- M

artin

Lut

her A

dwai

In

tern

atio

nal L

eade

rshi

p an

d Pe

acek

eepi

ng C

ente

r

- Tr

aini

ng M

anua

ls;

- Ac

tivity

repo

rts, l

ist o

f par

ticip

ants

an

d ev

alua

tions

; -

FTX

and

CPX

eval

uatio

ns

2019

-202

3

PTe

chni

cal s

uppo

rt to

Pea

ceke

epin

g In

stitu

tions

: 1.

Pro

vide

tech

nica

l sup

port

to

peac

ekee

ping

trai

ning

inst

itutio

ns

in M

S

a.

Num

ber o

f tra

inin

gs;

b. Q

ualit

y of

sup

port

prov

ided

in

train

ings

- IC

RC’s

Dele

gatio

n in

Abu

ja

- ES

F-

Activ

ity re

ports

, lis

t of p

artic

ipan

ts,

eval

uatio

ns20

19-2

023


IMPLEMENTATION MECHANISM

ECOWAS and the ICRC will establish a Joint Technical Working Group in charge of implementation of the Plan

of Action. The Humanitarian Affairs Division of the Department of Humanitarian and Social Affairs shall be

the focal point for ECOWAS in the implementation of the Plan of Action.

MONITORING AND EVALUATION• There shall be quarterly meetings of the Joint Technical Working Group to assess the progress recorded

within the sub region in implementing the Plan of Action.

• Member States of ECOWAS will be required to submit annual reports on measures taken in implementing

the Plan of Action; these reports must be submitted to the ICRC Mission or Delegation in your country

latest by 30th of June each year.

• The agenda for the ECOWAS-ICRC Annual Seminar on the Implementation of International Humanitarian

Law Treaties in West Africa, traditionally held in the middle of each year, will biennially focus on the

status of implementation of the Plan of Action and implementation of IHL priorities by Member States.

INTERNATIONAL HUMANITARIAN LAW INSTRUMENTS:

• Rome Statute of the International Criminal Court,

• Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in

the Field. 12 August 1949;

• Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of

Armed Forces. 12 August 1949;

• Convention (III) relative to the Treatment of Prisoners of War, 12 August 1949;

• Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949;

• AP (I) to the Geneva Conventions 12 August 1949, relating to the Protection of Victims of Armed Conflicts,

8th June 1977;

• AP (I) Declaration Art. 90 Acceptance of the Competence of the International Fact- Finding Commission

according to article 90 of AP (I);

• AP (II) to the Geneva Conventions 1949, relating to the Protection of Victims of Non-International Armed

Conflicts, 8th June 1977;

• AP (III) to the Geneva Conventions 1949, relating to the Adoption of an Additional Distinctive Emblem

Protocol III, 8 December 2005;

• Convention on the Rights of the Child, New York, 20 November 1989;

• Opt. Prot. To the Convention on the Rights of the Child on the involvement of children in Armed Conflict,

New York, 25 May 2000;

• Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14 May

1954;

• First Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of

Armed Conflict, The Hague, 14th May 1954;

• Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of

Armed Conflict, The Hague, 26 March 1999;

• Convention on the prohibition of the military or any other hostile use of environmental modification

techniques, New York, 10 December 1976;

• Protocol for the prohibition of Asphyxiating, Poisonous or other Gases, and Warfare, Geneva, 17 June 1925;

• Convention of the Prohibition of the Development, Production and Stockpiling of Bacteriological

(Biological) and Toxin Weapons and on their Destruction. Opened for Signature at London, Moscow and

Washington, 10 April 1972;

• Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be

deemed to be Excessively Injurious or to have Indiscriminate Effects. Geneva, 10 October 1980;

• Protocol on non-detectable fragments (I);

• Protocol on prohibitions or restrictions on the use of mines, booby-traps and other devices (II);

• Protocol on prohibitions or restrictions on the use of incendiary weapons (III);


• Protocol on Blinding Laser Weapons (Protocol IV to the 1980 Convention), 13 October 1995;

• Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended

on 3 May 1996 (Protocol II to the 1980 Convention);

• Amendment to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons

which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II

and III), Geneva 21 December 2001;

• Protocol on Explosive Remnants of War to the Convention on Prohibitions or Restrictions on the Use of

Certain Conventional Weapons, which may be deemed to be Excessively Injurious or to have Indiscriminate

Effects (with Protocols I, II and III). Geneva, 28 November 2003;

• Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons

and on their Destruction, Paris 13 January 1993;

• Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines

and on their Destruction, Oslo, 18 September 1997;

• Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an

Additional Distinctive Emblem (Protocol III), 8 December 2005

• Convention on Cluster Munitions (2008)

• The Arms Trade Treaty (2014)

REGIONAL INSTRUMENTS

• African Charter on the Rights and Welfare of the Child 1990

• African Union Convention on Internally Displaced Persons

• ECOWAS Convention on Small Arms and Light Weapons


ANNEX II: IHL TREATY RATIFICATIONS

Coun

try

CPED

200

6IC

C St

atut

e 19

98Ha

gue

Conv

. 195

4Ha

gue

Prot

. 195

4Ha

gue

Prot

. 199

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Con

v. 19

76Ka

mpa

la

Conv

entio

n 20

09

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n-

22.0

1.20

0217

.04.

2012

17.0

4.20

1217

.04.

2012

30.0

6.19

8628

.02.

2012

Burk

ina

Faso

03.1

2.20

0916

.04.

2004

18.1

2.19

6904

.02.

1987

05.0

2.18

-09

.08.

2012

Cabo

Ver

de-

10.1

0.20

11-

--

03.1

0.19

79-

Cote

d’Iv

oire

20.0

2.20

1315

.02.

2013

24.0

1.19

80-

--

22.0

1.20

14

Rep.

of t

he G

ambi

a-

28.0

6.20

02-

--

-17

.08.

2011

Ghan

a-

20.1

2.19

9925

.07.

1960

25.0

7.19

6017

.05.

1999

22.0

6.19

78-

Guin

ea-

14.0

7.20

0320

.09.

1960

11.1

2.19

61-

--

Guin

ea B

issa

u-

--

--

-04

.01.

2012

Libe

ria

2

2.09

.200

4-

--

-

Mal

i01

.07.

2009

16.0

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0018

.05.

1961

18.0

5.19

6115

.11.

2012

-07

.11.

2012

Nige

r24

.07.

2015

11.0

4.20

0206

.12.

1976

06.1

2.19

7616

.06.

2006

17.0

2.19

9310

.05.

2012

Nige

ria27

.07.

2009

27.0

9.20

0105

.06.

1961

05.0

6.19

6121

.10.

2005

-17

.04.

2012

Sene

gal

11.1

2.20

0802

.02.

1999

17.0

6.19

8717

.06.

1987

--

-

Sier

ra L

eone

-15

.09.

2000

--

--

15.0

7.20

10

Togo

21.0

7.20

14

-

24.0

1.17

24

.01.

1724

.01.

17

-09

.08.

2011


Coun

try

GC I-

IV 1

949

AP I

1977

AP I

Decl

arat

ion

art.

90AP

II 1

977

AP II

I 200

5Op

t Pro

t. CR

C 20

00

Beni

n14

.12.

1961

28.0

5.19

86-

28.0

5.19

86

-21

.01.

2005

Burk

ina

Faso

07.1

1.19

6120

.10.

1987

24.0

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0420

.10.

1987

07

.10.

1606

.07.

2007

Cabo

Ver

de11

.05.

1984

16.0

3.19

9516

.03.

1995

16.0

3.19

95

-10

.05.

2002

Cote

d’Iv

oire

28.1

2.19

6120

.09.

1989

-20

.09.

1989

-

12.0

3.20

12

Rep.

of t

he G

ambi

a20

.10.

1966

12.0

1.19

89-

12.0

1.19

89

--

Ghan

a02

.08.

1958

28.0

2.19

78-

28.0

2.19

78

-09

.12.

2014

Guin

ea11

.07.

1984

11.0

7.19

8420

.12.

1993

11.0

7.19

84

-08

.04.

2010

Guin

ea B

issa

u21

.02.

1974

21.1

0.19

86-

21.1

0.19

86

-24

.09.

2014

Libe

ria29

.03.

1954

30.0

6.19

88-

30.0

6.19

88

--

Mal

i24

.05.

1965

08.0

2.19

8909

.05.

2003

08.0

2.19

89

-16

.05.

2002

Nige

r21

.04.

1964

08.0

6.19

79-

08.0

6.19

79

-13

.03.

2012

Nige

ria20

.06.

1961

10.1

0.19

88-

10.1

0.19

88

-25

.09.

2012

Sene

gal

18.0

5.19

6307

.05.

1985

-07

.05.

1985

-

03.0

3.20

04

Sier

ra L

eone

10.0

6.19

6521

.10.

1986

-21

.10.

1986

-

15.0

5.20

02

Togo

06.0

1.19

6221

.06.

1984

21.1

1.19

9121

.06.

1984

-

28.1

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05


Coun

try

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Pro

t. II

a 19

96CC

W a

. 200

1CC

W P

rot.

V

2003

CWC

1993

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997

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AS C

onv.

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20

06CC

M 2

008

ATT

201

3

Beni

n-

--

14.0

5.19

98 2

5.09

.199

8-

10.0

7.20

1707

.11.

2016

Burk

ina

Faso

26.1

1.20

0326

.11.

2003

-08

.07.

1997

16.

09.1

998

28.1

1.20

0716

.02.

2010

03.0

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14

Cabo

Ver

de16

.09.

1997

--

10.1

0.20

03 1

4.05

.200

128

.05.

2008

19.1

0.20

1023

.09.

2016

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d’Iv

oire

--

25.0

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1618

.12.

1995

30.

06.2

000

20.0

2.20

1412

.03.

2012

26.0

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15

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of t

he G

ambi

a-

--

19.0

5.19

9823

.09.

2002

-12

.12.

2018

-

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a-

--

09.0

7.19

9730

.06.

2000

5.03

.201

003

.02.

2011

22.1

2.20

15

Guin

ea-

--

09.0

6.19

9708

.10.

1998

24.0

2.20

1221

.10.

2014

21.1

0.20

14

Guin

ea B

issa

u06

.08.

2008

06.0

8.20

0806

.08.

2008

20.0

5.20

08 2

2.05

.200

1-

29.1

1.20

1022

.10.

2018

Libe

ria16

.09.

2005

16.0

9.20

0516

.09.

2005

23.0

2.20

06 2

3.12

.199

913

.08.

2009

-21

.04.

2015

Mal

i24

.10.

2001

-24

.10.

2001

28.0

4.19

97 0

2.06

.199

827

.12.

2007

30.0

6.20

1003

.12.

2013

Nige

r18

.09.

2007

18.0

9.20

07-

09.0

4.19

97 2

3.03

.199

919

.02.

2007

02.0

6.20

0924

.07.

2015

Nige

ria-

--

20.0

5.19

9927

.09.

2001

27.1

0.20

08-

12.0

8.20

13

Sene

gal

29.1

1.19

99-

06.1

1.20

0820

.07.

1998

24.0

9.19

98 2

2.05

.200

803

.08.

2011

25.0

9.20

14

Sier

ra L

eone

30.0

9.20

0430

.09.

2004

30.0

9.20

0430

.09.

2004

25.0

4.20

01 2

9.06

.200

703

.12.

2008

12.0

8.20

14

Togo

--

-23

.04.

1997

09.

03.2

000

03.1

0.20

0822

.06.

2012

08.1

0.20

15


Coun

try

Gene

va G

as

Prot

. 192

5BW

C 19

72CC

W 1

980

CCW

Pro

t. I 1

980

CCW

Pro

t. II

1980

CCW

Pro

t. III

198

0CC

W P

rot.

IV

1995

Beni

n09

.12.

1986

25.0

4.19

7527

.03.

1989

27

.03.

1989

-27

.03.

1989

-

Burk

ina

Faso

03.0

3.19

7117

.04.

1991

26.1

1.20

03

26.1

1.20

0326

.11.

2003

26.1

1.20

0326

.11.

2003

Cabo

Ver

de15

.10.

1991

20.1

0.19

7716

.09.

1997

16

.09.

1997

16.0

9.19

9716

.09.

1997

16.0

9.19

97

Cote

d’Iv

oire

27.0

7.19

70

-

25.0

5.20

16

-25

.05.

2016

--

Rep.

of t

he G

ambi

a05

.11.

1966

21.1

1.19

91

-

-

--

-

Ghan

a03

.05.

1967

06.0

6.19

75

-

-

--

-

Guin

ea

-

-

-

-

--

-

Guin

ea B

issa

u20

.05.

1989

20.0

8.19

7606

.08.

2008

06

.08.

2008

06.0

8.20

0806

.08.

2008

06.0

8.20

08

Libe

ria17

.06.

1927

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.09.

2005

16

.09.

2005

16.0

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.09.

2005

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05

Mal

i

-

25.1

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2001

24.1

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0124

.10.

2001

24.1

0.20

0124

.10.

2001

Nige

r05

.04.

1967

23.0

6.19

7210

.11.

1992

10.1

1.19

9210

.11.

1992

10.1

1.19

9218

.09.

2007

Nige

ria15

.10.

1968

09.0

7.19

73

-

--

--

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gal

15.0

6.19

7726

.03.

1975

29.1

1.19

9929

.11.

1999

--

29.1

1.19

99

Sier

ra L

eone

20.0

3.19

6729

.06.

1976

30.0

9.20

0430

.09.

2004

-30

.09.

2004

30.0

9.20

04

Togo

05.0

4.19

7110

.11.

1976

04.1

2.19

9504

.12.

1995

04.1

2.19

9504

.12.

1995

04.1

2.19

95


Coun

try

Gene

va G

as

Prot

. 192

5BW

C 19

72CC

W 1

980

CCW

Pro

t. I 1

980

CCW

Pro

t. II

1980

CCW

Pro

t. III

198

0CC

W P

rot.

IV

1995

Beni

n09

.12.

1986

25.0

4.19

7527

.03.

1989

27

.03.

1989

-27

.03.

1989

-

Burk

ina

Faso

03.0

3.19

7117

.04.

1991

26.1

1.20

03

26.1

1.20

0326

.11.

2003

26.1

1.20

0326

.11.

2003

Cabo

Ver

de15

.10.

1991

20.1

0.19

7716

.09.

1997

16

.09.

1997

16.0

9.19

9716

.09.

1997

16.0

9.19

97

Cote

d’Iv

oire

27.0

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70

-

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16

-25

.05.

2016

--

Rep.

of t

he G

ambi

a05

.11.

1966

21.1

1.19

91

-

-

--

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Ghan

a03

.05.

1967

06.0

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75

-

-

--

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Guin

ea

-

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-

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--

-

Guin

ea B

issa

u20

.05.

1989

20.0

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7606

.08.

2008

06

.08.

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06.0

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2008

06.0

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16

.09.

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24.1

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Nige

r05

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1967

23.0

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7210

.11.

1992

10.1

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1992

10.1

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9218

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2007

Nige

ria15

.10.

1968

09.0

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-

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--

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gal

15.0

6.19

7726

.03.

1975

29.1

1.19

9929

.11.

1999

--

29.1

1.19

99

Sier

ra L

eone

20.0

3.19

6729

.06.

1976

30.0

9.20

0430

.09.

2004

-30

.09.

2004

30.0

9.20

04

Togo

05.0

4.19

7110

.11.

1976

04.1

2.19

9504

.12.

1995

04.1

2.19

9504

.12.

1995

04.1

2.19

95

ANNEX III: REVIEW MEETING CONCEPT NOTE

ECOWAS-ICRC ANNUAL REVIEW MEETING ON THE IMPLEMENTATION OFINTERNATIONAL HUMANITARIAN LAW TREATIES IN WEST AFRICA,

ABUJA, 30 OCTOBER- 2 NOVEMBER, 2018

A. BACKGROUND

In recent years, the Economic Community of West Africa States (ECOWAS) region has faced a number of

armed conflicts (e.g. in Mali or in the Lake Chad Basin) and other situations of violence falling below the

threshold of armed conflict. Many Member States (MS) in the region are experiencing the dire humanitarian

consequences resulting from such situations of violence - including internal displacement, migration, lack

of healthcare access, and a fragile food situation in some MS.

In situations of armed conflict, International Humanitarian Law (IHL) treaties, as well as customary IHL,

impose obligations on parties to the conflict (both State and non-State armed groups) to protect those who

are not, or no longer, participating in hostilities and to restrict the means and method of warfare. ECOWAS

MS have been increasingly active in ratifying or acceding to IHL-related treaties, but ratification is only the

first step. Treaty ratification must be followed by additional measures to implement those treaties, including

domestication of the treaties into the national legal frameworks.

B. ECOWAS-ICRC COLLABORATION ON IHL IMPLEMENTATION

Since 2001, the ECOWAS Commission and the International Committee of the Red Cross (ICRC) have been

collaborating to promote respect for IHL, including through domestication of IHL treaties into national legal

frameworks. One of the key pillars of this collaboration is the Annual Review Meeting on the Implementation

of IHL in West Africa, which was held for the fourteenth time in 2017.

The main objective of the Annual Review Meetings is to examine the progress of ECOWAS MS in implementing

key IHL treaties, and to provide technical support for their domestication at the national level. During the

Meeting, MS are invited to report on progress made, and identify IHL treaty priorities which they commit

to work on in the coming years. The Meeting also provides a platform for MS to exchange information on

challenges and best practices in their implementation efforts. This combination of technical assistance and

peer review contributes to ensuring respect for, and integration of, IHL into the legislation and practical

measures adopted by MS. In 2017, information shared by MS during the meeting was compiled into a joint

ECOWAS-ICRC report titled “Implementing IHL in West Africa”.

In addition, the Annual Review Meetings serve as a platform for participants and experts from ECOWAS

MS, the ECOWAS Commission, ECOWAS donor countries, various international organisations, civil society,

and the ICRC to network and exchange views and experiences on contemporary IHL issues of concern and

humanitarian challenges in the region.

C. 2018 MEETING

The 2018 Annual Review Meeting on the Implementation of IHL in West Africa will focus on the review and

validation of the ECOWAS IHL Plan of Action (2019-2023). The 2017 Annual Review Meeting concluded

with MS calling on ECOWAS and the ICRC to facilitate the development of a new IHL Plan of Action (POA),

which would be validated at the 2018 Meeting, and adopted by the ECOWAS Authorities of Heads of State and


Government. The MS review of the POA was started in advance of the meeting, with MS receiving a draft in

July 2018. The joint review of the POA during the Meeting will be spread over three days, with MS analysing

and approving the sections of the POA, and providing any additional comments. ECOWAS and the ICRC will

facilitate each session, and will provide relevant experts to guide the MS through the sections under review.

MS participants in the meeting will include government officials and parliamentarians who are involved with

the technical implementation of IHL treaties in their country, as well as members of national IHL committees.

Ambassadors and permanent representatives to ECOWAS in Abuja will be invited to attend the fourth day of

the meeting, which will focus on the final validation of the Plan of Action, and the signing of the meeting

report by participants from Togo, who will officially chair the meeting.

Alongside the validation exercise, MS will be given a short session to report on progress and challenges

around their 2018 IHL priorities, as well as other measures taken since 2017 to implement IHL treaties. The

reporting sessions by MS will serve as an avenue for the update of the 2017 report on “Implementing IHL in

West Africa”.

D. OBJECTIVES

The objectives of this meeting are to:

1. Review and validate the POA by consensus;

2. Build capacity for the implementation of the IHL POA at the national level;

3. Encourage discussions on best practices and avenues for bilateral support between MS;

4. Update participant’s knowledge and access to available assistance from ECOWAS, the ICRC, and other

organizations;

5. Take stock of progress towards the implementation of IHL-related treaties by ECOWAS MS in the past

year, based on IHL Country Priorities identified for 2018;

E. AGENDA ITEMS

The meeting will address the following issues:

• MS progress and challenges related to their 2018 IHL priorities

• Review and validation of the new ECOWAS IHL POA (2019-2023)

• Experts and Member States introducing each section of the POA

F. MEETING DETAILS

Dates: 30 October-2 November, 2018

Venue: ECOWAS Parliament, Garki, Abuja

Participants: Government experts from each of the 15 ECOWAS Member States:

- One senior official from the National IHL Committee or relevant ministry/agency responsible

for the implementation of international treaties;

- One Member of Parliament involved in technical implementation of IHL treaties.

Modalities of meeting: ECOWAS Commission experts, ICRC advisers, as well as guest speakers and MS

participants will present comments on the sections of the POA. Participants from Member States will make 5

minute presentations on the progress and challenges around their 2018 IHL priorities.

Budget: The ICRC will cover additional accommodation, meal allowance and catering costs for the

representative(s) from each country. Travel costs of participants are to be covered by their respective countries

or sponsored by the respective ICRC delegations (economy class) covering the country. ECOWAS will provide

four days of per diem, the meeting hall, protocol & interpretation services as well as secretariat services.


ANNEX IV: IHL MEETING AGENDAINTERNATIONAL COMMITTEE OF THE RED CROSS – ECONOMIC COMMUNITY OF WEST AFRICAN STATES

ANNUAL REVIEW MEETING ON IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW (IHL) IN WEST AFRICA30 OCTOBER – 2 NOVEMBER, 2018 AT THE ECOWAS PARLIAMENT, ABUJA

TUESDAY 30 OCTOBER, 2018

09:00 - 09:30 Registration of Participants

09:30 - 10:40OPENING SESSIONModerator: ECOWAS

09:30 - 09:40 Welcome Statement by H.E. Ambassador Babatunde A. NurudeenRepresentative of Chair, ECOWAS Authority of Heads of State and Government

09:40 - 09:50 Statement by Dr. Siga Jagne

Commissioner, Social Affairs and Gender Department, ECOWAS Commission

09:50 - 10:00Address by Mr. Eloi FillionHead of Delegation of the ICRC, Abuja

10.00 - 10:10Opening Remarks by Mr. Abubakar Malami, SANAttorney-General of the Federation and Minister of Justice, Nigeria

10:10 – 10:30 Coffee – Tea break (Group Photo Session)

10:30 – 13:10SESSION 1: Update and Status of Ratification and Domestication of IHL treatiesModerator: ECOWAS Commission

10:30 – 10:40Moderator’s introduction of the process and overview of the level participation by Member States on the IHL Questionnaire

10:40 – 13:10Reporting by representatives of the States (based on identified 2018 IHL Country Priorities )

(Benin, Burkina Faso, Cape Verde, Cote d’Ivoire, The Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, Togo)

13:15 - 14:15 Lunch

14:15 - 14:45

SESSION 2: Introduction of the Plan of ActionECOWAS (Olatunde Olayemi, Programme Officer)

ICRC (Sven David Udekwu, ICRC-Abuja Multilateral Liaison Officer)

14:45 - 15:45SESSION 3: Migrants and IDPsModerator: ICRC (Precious Eriamiatoe, ICRC-Abuja Legal Adviser)

14:45 - 14:55Section on Migrants and Internally Displaced Persons Comments on the section: Lead Reviewer (M. Etienne Ibrahim, Deputy Secretary General, Ministry of Justice, Niger)

14:55 - 15:45

Section on Migrants and Internally Displaced Persons

Plenary discussion and validation vote on the section

Technical Expert: (Charles Sanches, ICRC-Dakar Legal Adviser)

15:45 – 17:45SESSION 4: Children, Sexual Violence Moderator: ECOWAS Commission

15:45 – 15:55Section on Children

Comments on the section: Lead Reviewer (Hon. Joe Fayia Nyuma, PhD, Deputy Director General, Min-istry of Foreign Affairs, Sierra Leone)

15:55 - 16:45

Section on ChildrenPlenary discussion and validation vote on the section

Technical Expert: (ECOWAS Commission)


16:45-16:55Section on Sexual ViolenceComments on the section: Lead Reviewer (Mrs. Kumba Jow, Senior State Counsel, Ministry of Justice, The Gambia)

16:55 - 17:45

Section on Sexual ViolencePlenary discussion and validation vote on the section

Technical Expert: (Angélique Gabrielle Tening Sarr, ICRC Advisor on Community-Based Protection, Gender & Sexual Violence)

WEDNESDAY 31 OCTOBER, 2018

09:00 - 09:30 Arrival and Housekeeping

09:30 - 12:00SESSION 5: Counter-Terrorism, Use of Force in Law Enforcement Moderator: Peace Keeping and Regional Security Directorate, ECOWAS Commission

09:30 - 9:40Section on Counter-TerrorismComments on the section: Lead Reviewer (M. Modibo Sacko, Technical Advisor, Ministry of Justice, Mali)

09:40 - 10:30

Section on Counter-TerrorismPlenary discussion and validation vote on the section

Technical Expert: (Rochus Peyer, ICRC-Abuja Legal Adviser)

10:30 - 11:00 Coffee – Tea Break

11:00 - 11:10Section on Use of Force in Law EnforcementComments on the section: Lead Reviewer (M. Mamadouba Kéita, Executive Director, Justice Reform and Cooperation Program, Ministry of Justice, Guinée)

11:10 - 12:00

Section on Use of Force in Law EnforcementPlenary discussion and validation vote on the section

Technical Expert: ICRC (Pietro Tilli, ICRC-Abuja Regional Police and Security Forces Delegate)

12:15 - 13:15 Lunch

13:15 - 15:15SESSION 6: Protection of Health Care and the Emblem Moderator: ICRC (Jean-François Queguiner, ICRC-Abuja Deputy-Head of Delegation)

13:15 – 13:25Section on Protection of Health Care and the Movement’s Emblems Comments on the section: Lead Reviewer (Mrs. Antoinette Oche-Obe, Deputy-Director International and Comparative Law Dept., Ministry of Justice, Nigeria)

13:25 - 14:15

Section on Protection of Health Care and the Movement’s EmblemsPlenary discussion and validation vote on the section

Technical Expert: (Precious Eriamiatoe, ICRC-Abuja Legal Adviser)

14:15 – 15:15SESSION 7: Penal Repression of IHL ViolationsModerator: ICRC (Myriam Raymond-Jetté, ICRC-Abidjan Regional Legal Adviser)

14:15 – 14:25Section on Penal Repression of IHL ViolationsComments on the section: Lead Reviewer (M. Ngane Ndour, Deputy Director of Human Rights, Minis-try of Justice, Senegal)

14:25 – 15:15

Section on Penal Repression of IHL ViolationsPlenary discussion and validation vote on the section

Technical Expert: (Kany Elizabeth Sogoba, ICRC-Bamako, Legal Adviser)

15:15 - 15:40 Coffee –Tea Break

15:40 - 16:40SESSION 8: Arms Control Moderator: Peace Keeping and Regional Security Directorate, ECOWAS Commission

15:40 - 15:50Section on Arms ControlComments on the section: Lead Reviewer (Hon. Benoni Knuckles, Commissioner, Liberia National Commission on Small Arms (LiNCSA) Liberia)


15:50- 16:40Section on Arms ControlPlenary discussion and validation vote on the section

Technical Expert: (ECOWAS TBC)

16:45 - 17:00 Wrap up and Concluding RemarksECOWAS Commission

THURSDAY 1 NOVEMBER, 2018

09:00 - 09:30 Arrival and Housekeeping

09:30 - 10:30SESSION 9: National IHL CommissionsModerator: ICRC

09:30 - 09:40Section on National IHL CommissionsComments on the section: Lead Reviewer (M. Jerome Trabi Botty Tah, Magistrate, Ministry of Jus-tice, Cote d’Ivoire)

09:40 - 10:30

Section on National IHL CommissionsPlenary discussion and validation vote on the section

Technical Expert: (Charles Garmodeh Kpan Sr, ICRC-Monrovia Head of Bureau)

10:30 - 10:50 Coffee –Tea Break

11:00-13:00SESSION 10: Dissemination of IHL KnowledgeModerator: ECOWAS Humanitarian and Social Affairs Directorate

11:00-11:10Section on Dissemination of IHL Knowledge to Military/Security ForcesComments on the section: Lead Reviewer (Mr. Cecil Kwashie Adadevoh, Principal State Attorney, Office of the Attorney-General and Ministry of Justice, Ghana)

11:10 - 12:00

Section on Dissemination of IHL Knowledge to Military/Security ForcesPlenary discussion and validation vote on the section Technical Expert: (ECOWAS and Emeline Oboulbiga Yameogo, ICRC-Ouagadougou Communication Officer)

12:00 - 12:10Section on Dissemination of IHL Knowledge to civilian populationComments on the section: Lead Reviewer (M. Rombiré Bakieka, Head of the Dissemination and In-formation Department, Inter-Ministerial Human Rights and IHL Committee (CIMDH), Burkina Faso)

12:10 – 13:00

Section on Dissemination of IHL Knowledge to civilian populationPlenary discussion and validation vote on the section

Technical Experts: (Sybil Tonne Sagay, ICRC-Abuja Communication Officer & Mamadou Saliou Souare, ICRC-Conakry Advisor to the Head of Mission)

13:00 - 14:00 Lunch

14:00 - 16:00Meeting Report DraftingModerator: ICRC and ECOWAS

14:00 - 14:30 Vote on the entire POA and any additional questions

14:30 - 15:45 Review and analysis of meeting report Plenary

15:45 - 16:00 Wrap up and Concluding RemarksECOWAS Commission

FRIDAY 2 NOVEMBER, 2018

09:00 - 09:30 Registration and Housekeeping

09:30 – 10:30Presentation of the report: The Roots of Restraint in WarModerator: ICRC

09:30 – 10:15 Presenter: Levent Vezir, ICRC-Geneva Armed and Security Forces Adviser


10:15 – 10:45 Question and Answer

10:45 – 11:45 Final Validation of IHL Plan of Action, and Signing of Report by Nigeria Representative

11:45 - 12:25CLOSING SESSIONModerator: Director, Humanitarian and Social Affairs Directorate, ECOWAS

11:45 - 11:55Remarks by H.E. Ambassador Babatunde A. NurudeenRepresentative of Chair, ECOWAS Authority of Heads of State and Government

11:55 - 12:05Remarks by Mr. Eloi FillionHead of Delegation, ICRC Abuja

12:05 - 12:15Remarks by Dr. Siga JagneCommissioner Social Affairs and Gender Department, ECOWAS Commission

12:15 - 12:25Closing Statement by Mr. Geoffrey OnyeamaThe Honourable Minister of Foreign Affairs, Ministry of Foreign Affairs, Nigeria

12:30 – 13:30 Lunch


ANNEX V: LIST OF MEMBER STATE PARTICIPANTS

LIST OF PARTICIPANTS/LISTE DES PARTICIPANTESECOWAS – ICRC ANNUAL REVIEW MEETING ON THE IMPLEMENATATION OF INTERNATIONAL HUMANITARIAN LAW

IN WEST AFRICA31 OCTOBER TO 3 NOVEMBER 2017

LIST OF PARTICIPANTS(ECOWAS MEMBER STATES)

Country/ Pays Ministry Or Agency / Ministère Ou Organisme

Nom/Prenom Function / Titre Participants’ Contact Details/ Coordonnées Des Participants

De Contact

Benin Ministère des Affaires Etrangères

Oguidan G. Randal

Chef Service Droits Humains

[email protected]

Burkina Faso Commission nationale de DIH Bakieka Rombire

Conseiller en droits humains, Chef de département

[email protected]

Ministère des Affaires Etrangères

Gouba Passida Pascal

Dirécteur général des affaires juridiques et consulaire

[email protected]

Côte d’Ivoire Ministère de la Justice Trabi Botty Tah Jerome

Magistrat, SID a la direction de la législation

(00225) [email protected]

Sierra Leone Ministry of Foreign Affairs

Joe Fayia Nyuma Deputy Director General +23279209771/[email protected] [email protected]

Ministry of Justice Mohamed P. Bangura

Lawyer [email protected]

Ghana Office of Attorney-General & Ministry of Justice

Cecil Kwashie Adadevoh

Principal State Attorney [email protected]

Togo Ministère de la justice Midotepe Komlan Chargé de mission au cabinet du ministre de la justice

[email protected]

Ministère des Affaires Etrangères

Didémana Nangbam Madjamba

Chef de division contentieux

[email protected], secretariat.ministre.gouv.tg

Nigeria Federal Ministry of Justice

Danjuma Abdulai Chief State Counsel [email protected]

Federal Ministry of Justice

Antoinette Ifeanyi Oche-Obe

Deputy Director, International and Comparative Law Dept.

[email protected]

Mali Commission nationale des droits de l’homme

Kadidia Traore Avocate et membre de la commission

[email protected]

Ministère de la justice Sacko ModiboMagistrat, Conseiller Technique

+22376215890 [email protected]


Country/ Pays Ministry Or Agency / Ministère Ou Organisme

Nom/Prenom Function / Titre Participants’ Contact Details/ Coordonnées Des Participants

De Contact

Guinea Ministère de la justice Keita Mamadouba Directeur exécutif de la reforme

[email protected]

MAE Soumah Gaoussou

Chef section accords, conventions et traités

[email protected]

The Gambia Ministry of Justice Kumba Jow Senior State Counsel [email protected]

Guinea Bissau Ministério. Negocios Estrangeiros

Quessangue Alamara Quessangue

Director de service juridico

[email protected]

Cherno Sano Jalo Director dos serviços de administraca judicaria

+245955315289/[email protected]

Senegal Ministère de Ia Justice Ngane Ndour Directeur adjoint de droits humains

[email protected]

Parlement Bounama Sall Deputé [email protected]

Liberia National Commission on Small Arms

Benoni Knuckles Commissioner [email protected]

Min. of Foreign Affairs Reuben C, Sirleaf Legal Counsel, Dept. of Legal Affairs

[email protected]

Niger Ministère de la justice Etienne Ibrahim Jean

Magistrat/SGA [email protected]

Ministère de l’intérieur

Souley Mallam Abasse

Directeur de la législation

[email protected]

Niger-CNCCAI Djiberou Boukari Secrétaire permanent +227 98506815/ [email protected] / [email protected]


ANNEX VI INVITEES AND PARTICIPANTSFlorence Iheme ECOWAS Commission

Olatunde Olayemi ECOWAS Commission

Bankale Oluwafisan ECOWAS Commission

Chioma Nwana ECOWAS Commission

Alozie Amaechi ECOWAS Commission

Essossinam Ali Tiloh ECOWAS Commission

Osondu Ekeh ECOWAS Commission

Ayomide John ECOWAS Commission

Fatim Njie ECOWAS Commission

Michael Saraka Kouame ECOWAS Commission

Jean-François Queguiner ICRC

Rochus Peyer ICRC

Levent Vezir ICRC

Myriam Raymond-Jette ICRC

Patience Nanklin Yawus ICRC

Charles Lauandino Vieira Sanches ICRC

Charles Garmodeh Kpan Sr. ICRC

Souare Mamadou Saliou ICRC

Innocent Aboubakar ICRC

Kany Elizabeth Sogoba ICRC

Angélique Gabrielle Tening Sarr ICRC

P. Emeline Oboulbiga Yameogo ICRC

Precious Eriamiatoe ICRC

Sven David Udekwu ICRC

H.E. Marek Skolil Embassy of the Czech Republic

H.E. Emmanuel Mpfayokurera Embassy of Burundi

Shady Hesham, Third Secretary Embassy of Egypt

Sylvain Naulin Embassy of France

H.E. Alejandro Garcia Moreno Elizondo Embassy of Mexico

Ingri Skjolaas, Deputy Head of Mission Embassy of Norway

Brig. Gen. Herbert Mbonye, Defence Adviser Ugandan High Commission

Brona Mushaba Namibian High Commission

H.E. Dr. E.J. Quibato Embassy of Angola

H.E. Léné Dimban Embassy of Togo

Solomon Ogedegbe Embassy of Japan

Sama Mireille A. Embassy of Burkina Faso

H.E. S.O. Taal The Gambian High Commission

Anna Betty Moussa Sierra Leonean High Commission

H.E. Dr. Al-Hassan Conteh Embassy of Liberia

Roberta Falciola, Senior Protection Adviser WFP

Yvonne Akpasom, Head of Peace and Security Unit GIZ

The ICRC helps people around the world affected

by armed conflict and other violence, doing

everything it can to protect their dignity and

relieve their suffering, often with its Red Cross

and Red Crescent partners. The organization

also seeks to prevent hardship by promoting

and strengthening humanitarian law and

championing universal humanitarian principles.

People know they can count on the ICRC to carry

out a range of life-saving activities in conflict

zones and to work closely with the communities

there to understand and meet their needs. The

organization’s experience and expertise enables

it to respond quickly, effectively and without

taking sides.

ICRC Abuja

5 Queen Elizabeth Street

Asokoro District, FCT

P.M.B 7654

T +234 810 709 5551/2

[email protected]

www.icrc.org

© ICRC, August 2019

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101, Yakubu Gowon Crescent, P. M.B. 401.

Asokoro, Abuja, Nigeria.

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