Communiqué: The Peace and Security Council of the African Union (AU), at its 442nd meeting on the situation in the Arab Republic of Egypt Ref:PSC/PR/COMM.2 (CDXLII)

The Peace and Security Council of the African Union (AU), at its 442^nd meeting held on 17 June 2014, adopted the following decision on the situation in the Arab Republic of Egypt:

Council,

1. Takes note of the final report of the AU High-Level Panel for Egypt [PSC/PR/3.(CDXLII)], established by the Chairperson of the Commission on 8 July 2013, on the implementation of its mandate, as well as of the presentation made by the Commissioner for Peace and Security;

2. Recalls communique PSC/PR/COMM.(CCCLXXXIV), adopted at its 384^th meeting held on 5 July 2013, and press statements PSC/MIN/BR.2(CCCLXXXVII), PSC/PR/BR.2(CCCLXXXIX), PSC/PR/BR.(CCCXC) and PSC/PR/BR.(CCCXCV) adopted at its 387^th, 389^th, 390^th and 395^th meetings held on 29 July, 14 August, 16 August and 13 September 2013, respectively, as well as communique PSC/AHG/COMM.3(CDXVI) adopted at its 416^th meeting held on 29 January 2014 and press statement PSC/PR/BR.(CDXXIX) adopted at its 429^th meeting held on 16 April 2014. In this regard, Council reaffirms the correctness of its decision characterizing the events of 3 July 2013 in Egypt as falling under the definition of unconstitutional changes of Government as stipulated in the relevant AU instruments;

3. Recalls the provisions contained in Article 7 (2, 3 & 4) of the Protocol Relating to the Establishment of the Peace and Security Council and the obligation of all AU Member States to comply with the decisions taken by Council in the discharge of its mandate;

4. Commends the members of the High-Level Panel, namely former Presidents Alpha Oumar Konare of Mali and Festus Mogae of Botswana, as well as former Prime Minister Dileita Mohamed Dileita of Djibouti, for the commitment and dedication with which they discharged the mandate entrusted upon them;

5. Expresses its appreciation to the Egyptian stakeholders, as well as to the concerned African and international actors, for the cooperation extended to the High-Level Panel in the discharge of its mandate;

6. Notes the steps taken in the implementation of the Roadmap announced by the Egyptian interim authorities on 3 July 2013, including the holding of presidential elections on 25, 26 and 27 May 2014, as well as the preliminary statement issued by the AU Elections Observer Mission;

7. Welcomes the observations made by the Panel, as contained in paragraphs 63 to 82 of its report, and endorses its recommendations, as outlined in paragraphs 83 of the report, in particular with respect to:

1. the lifting of Egypt's suspension, considering (a) the progress made in the formal restoration of constitutional order, (b) the fact that the suspension of the country for close to a year has sent a strong message to the Egyptian stakeholders regarding AU's attachment to its principles and instruments, and (c) the need for the AU to remain engaged with Egypt and to accompany the efforts of the Egyptian authorities for the full implementation of the Roadmap,

2. the need to promote national reconciliation and a political process that is representative of all sections of the Egyptian society, so long as they are committed to a peaceful political dialogue and to broaden the political space,

3. the creation of conditions conducive to the holding of transparent, credible and inclusive parliamentary elections, as well as the signing and ratification by Egypt of all AU relevant instruments, notably the African Charter on Democracy, Elections and Governance, and the implementation of the provisions contained therein,

4. respect for human rights, including the early trial, with due process, of all detainees and the release of those against whom there are no charges,

5. the elaboration of guidelines to determine the compatibility of popular uprisings with AU's norms on unconstitutional changes of Government,

6. engagement with partners, for them to extend consistent support to AU's efforts towards the implementation of AU's norms on unconstitutional changes of Governments and the promotion of democracy, human rights and good governance, in line with the strategic partnerships between the concerned international actors and the AU,

7. continued engagement of the AU with the Egyptian authorities and other stakeholders, to effectively contribute to the follow-up and implementation of the recommendations made by the Panel, and the submission of regular reports to Council by the Commission, and

8. the imperative for all Member States to fully accept and comply with the decisions of Council, in line with the relevant provisions of the AU Constitutive Act and those of the Protocol Relating to the Establishment of the Peace and Security Council;

8. Decides to lift the suspension of the participation of Egypt in AU's activities, as contained in paragraph 6 of communique PSC/PR/COMM.(CCCLXXXIV), and invites Egypt to immediately resume its participation in the activities of the AU, on the understanding that this does not constitute a precedent in terms of adherence to the relevant provisions of Decision Assembly/AHG/Dec.269.(XIV) Rev.l on the prevention of unconstitutional changes of

Government and strengthening the capacity of the AU to manage such situations adopted by the 14 Ordinary Session of the Assembly of the Union, held in Addis Ababa, from 31 January to 2 February 2010, and article 25 (4) of the African Charter on Democracy, Elections and Governance, which stipulate that perpetrators of unconstitutional changes of Governments cannot participate in the elections held to restore constitutional order

9. Further decides that the determination of what constitutes a popular uprising shall be further elaborated by Council at the level of Heads of States and Government, in line with press statement PSC/PR/BR.(CDXXXII) adopted at its 432^nd meeting held on 29 April 2014;

10. Decides to remain actively seized of the matter.