Protocol relating to the Establishment of the Peace and Security Council of the African Union
Done at: Durban
Date enacted: 2002-07-09
In force: 2003-12-26
We, the Heads of State and Government of the Member States of the African Union;
Considering the Constitutive Act of the African Union and the Treaty establishing the African Economic Community, as well as the Charter of the United Nations;
Recalling the Declaration on the establishment, within the Organization of African Unity (OAU), of a Mechanism for Conflict Prevention, Management and Resolution, adopted by the 29th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Cairo, Egypt, from 28 to 30 June 1993;
Recalling also Decision AHG/Dec.160 (XXXVII) adopted by the 37th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Lusaka, Zambia, from 9 to 11 July 2001, by which the Assembly decided to incorporate the Central Organ of the OAU Mechanism for Conflict Prevention, Management and Resolution as one of the organs of the Union, in accordance with Article 5(2) of the Constitutive Act of the African Union, and, in the regard, requested the Secretary-General to undertake a review of the structures, procedures and working methods of the Central Organ, including the possibility of changing its name;
Mindful of the provisions of the Charter of the United Nations, conferring on the Security Council primary responsibility for the maintenance of international peace and security, as well as the provisions of the Charter on the role of regional arrangements or agencies in the maintenance of international peace and security, and the need to forge closer cooperation and partnership between the United Nations, other international organizations and the African Union, in the promotion and maintenance of peace, security and stability in Africa;
Acknowledging the contribution of African Regional Mechanisms for Conflict Prevention, Management and Resolution in the maintenance and promotion of peace, security and stability on the Continent and the need to develop formal coordination and cooperation arrangements between these Regional Mechanisms and the African Union;
Recalling Decisions AHG/Dec.141 (XXXV) and AHG/Dec.142 (XXXV) on Unconstitutional Changes of Government, adopted by the 35th Ordinary Session of the Assembly of Heads of State and Government of the OAU held in Algiers, Algeria, from 12 to 14 July 1999, and Declaration AHG/Decl.5 (XXXVI) on the Framework for an OAU Response to Unconstitutional Changes of Government, adopted by the 36th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Lomé, Togo, from 10 to 12 July 2000;
Reaffirming our commitment to Solemn Declaration AHG/Decl.4 (XXXVI) on the Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA), adopted by the 36th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Lomé, Togo, from 10 to 12 July 2000, as well as Declaration AHG/Decl.1 (XXXVII) on the New Partnership for Africa's Development (NEPAD), which was adopted by the 37th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Lusaka, Zambia, from 9 to 11 July 2001,;
Affirming our further commitment to Declaration AHG/Decl.2 (XXX) on the Code of Conduct for Inter-African Relations, adopted by the 30th Ordinary Session of the Assembly of Heads of State and Government of the OAU, held in Tunis, Tunisia, from 13 to 15 June 1994, as well as the Convention on the Prevention and Combating of Terrorism, adopted by the 35th Ordinary Session of the Assembly of Heads of State and Government of the OAU held in Algiers, Algeria, from 12 to 14 July 1999;
Concerned about the continued prevalence of armed conflicts in Africa and the fact that no single internal factor has contributed more to socioeconomic decline on the Continent and the suffering of the civilian population than the scourge of conflicts within and between our States;
Concerned also by the fact that conflicts have forced millions of our people, including women and children, into a drifting life as refugees and internally displaced persons, deprived of their means of livelihood, human dignity and hope;
Concerned further about the scourge of landmines in the Continent and recalling, in this respect, the Plan of Action on a Landmine Free Africa, adopted by the 1st Continental Conference of African Experts on Anti-Personnel Mines, held in Kempton Park, South Africa, from 17 to 19 May 1997, and endorsed by the 66th Ordinary Session of the OAU Council of Ministers, held in Harare, Zimbabwe, from 26 to 30 May 1997, as well as subsequent decisions adopted by the OAU on this issue;
Concerned also about the impact of the illicit proliferation, circulation and trafficking of small arms and light weapons in threatening peace and security in Africa and undermining efforts to improve the living standards of African peoples and recalling, in this respect, the Declaration on the Common African Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons, adopted by the OAU Ministerial Conference held in Bamako, Mali, from 30 November to 1 December 2000, as well as all subsequent OAU decisions on this issue;
Aware that the problems caused by landmines and the illicit proliferation, circulation and trafficking of small arms and light weapons constitute a serious impediment to Africa's social and economic development, and that they can only be resolved within the framework of increased and well coordinated continental cooperation;
Aware also of the fact that the development of strong democratic institutions and culture, observance of human rights and the rule of law, as well as the implementation of post-conflict recovery programmes and sustainable development policies, are essential for the promotion of collective security, durable peace and stability, as well as for the prevention of conflicts;
Determined to enhance our capacity to address the scourge of conflicts on the Continent and to ensure that Africa, through the African Union, plays a central role in bringing about peace, security and stability on the Continent;
Desirous of establishing an operational structure for the effective implementation of the decisions taken in the areas of conflict prevention, peace-making, peace support operations and intervention, as well as peace-building and post-conflict reconstruction, in accordance with the authority conferred in that regard by Article 5(2) of the Constitutive Act of the African Union;
Hereby agree on the following:
Article 1
Definitions
For the purpose of this Protocol:
a. |
"Protocol" shall mean the present Protocol; |
b. |
"Cairo Declaration" shall mean the Declaration on the Establishment, within the OAU, of the Mechanism for Conflict Prevention, Management and Resolution; |
c. |
"Lomé Declaration" shall mean the Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government; |
d. |
"Constitutive Act" shall mean the Constitutive Act of the African Union; |
e. |
"Union" shall mean the African Union; |
f. |
"Assembly" shall mean the Assembly of Heads of State and Government of the African Union; |
g. |
“Commission” shall mean the Commission of the African Union; |
h. |
"Regional Mechanisms" shall mean the African Regional Mechanisms for Conflict Prevention, Management and Resolution; |
i. |
"Member States" shall mean Member States of the African Union. |
Article 2
Establishment, nature and structure
1. |
There is hereby established, pursuant to Article 5(2) of the Constitutive Act, a Peace and Security Council within the Union, as a standing decision-making organ for the prevention, management and resolution of conflicts. The Peace and Security Council shall be a collective security and early-warning arrangement to facilitate timely and efficient response to conflict and crisis situations in Africa. |
2. |
The Peace and Security Council shall be supported by the Commission, a Panel of the Wise, a Continental Early Warning System, an African Standby Force and a Special Fund. |
Article 3
Objectives
The objectives for which the Peace and Security Council is established shall be to:
a. |
promote peace, security and stability in Africa, in order to guarantee the protection and preservation of life and property, the well-being of the African people and their environment, as well as the creation of conditions conducive to sustainable development; |
b. |
anticipate and prevent conflicts. In circumstances where conflicts have occurred, the Peace and Security Council shall have the responsibility to undertake peace-making and peacebuilding functions for the resolution of these conflicts; |
c. |
promote and implement peace-building and post-conflict reconstruction activities to consolidate peace and prevent the resurgence of violence; |
d. |
co-ordinate and harmonize continental efforts in the prevention and combating of international terrorism in all its aspects; |
e. |
develop a common defence policy for the Union, in accordance with article 4(d) of the Constitutive Act; |
f. |
promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts. |
Article 4
Principles
The Peace and Security Council shall be guided by the principles enshrined in the Constitutive Act, the Charter of the United Nations and the Universal Declaration of Human Rights. It shall, in particular, be guided by the following principles:
a. |
peaceful settlement of disputes and conflicts; |
b. |
early responses to contain crisis situations so as to prevent them from developing into full-blown conflicts; |
c. |
respect for the rule of law, fundamental human rights and freedoms, the sanctity of human life and international humanitarian law; |
d. |
interdependence between socio-economic development and the security of peoples and States; |
e. |
respect for the sovereignty and territorial integrity of Member States; |
f. |
non interference by any Member State in the internal affairs of another; |
g. |
sovereign equality and interdependence of Member States; |
h. |
inalienable right to independent existence; |
i. |
respect of borders inherited on achievement of independence; |
j. |
the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity, in accordance with Article 4(h) of the Constitutive Act; |
k. |
the right of Member States to request intervention from the Union in order to restore peace and security, in accordance with Article 4(j) of the Constitutive Act. |
Article 5
Composition
1. |
The Peace and Security Council shall be composed of fifteen Members elected on the basis of equal rights, in the following manner: a. ten Members elected for a term of two years; and b. five Members elected for a term of three years in order to ensure continuity. |
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2. |
In electing the Members of the Peace and Security Council, the Assembly shall apply the principle of equitable regional representation and rotation, and the following criteria with regard to each prospective Member State:
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3. |
A retiring Member of the Peace and Security Council shall be eligible for immediate re-election. |
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4. |
There shall be a periodic review by the Assembly to assess the extent to which the Members of the Peace and Security Council continue to meet the requirements spelt out in article 5 (2) and to take action as appropriate. |
Article 6
Functions
The Peace and Security Council shall perform functions in the following areas:
a. |
promotion of peace, security and stability in Africa; |
b. |
early warning and preventive diplomacy; |
c. |
peace-making, including the use of good offices, mediation, conciliation and enquiry; |
d. |
peace support operations and intervention, pursuant to article 4 (h) and (j) of the Constitutive Act; |
e. |
peace-building and post-conflict reconstruction; |
f. |
humanitarian action and disaster management; |
g. |
any other function as may be decided by the Assembly. |
Article 7
Powers
1. |
In conjunction with the Chairperson of the Commission, the Peace and Security Council shall:
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2. |
The Member States agree that in carrying out its duties under the present Protocol, the Peace and Security Council acts on their behalf. |
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3. |
The Member States agree to accept and implement the decisions of the Peace and Security Council, in accordance with the Constitutive Act. |
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4. |
The Member States shall extend full cooperation to, and facilitate action by the Peace and Security Council for the prevention, management and resolution of crises and conflicts, pursuant to the duties entrusted to it under the present Protocol. |
Article 8
Procedure
Organization and Meetings
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Conduct of Business
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Voting
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Rules of Procedure
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Article 9
Entry points and modalities for action
1. |
The Peace and Security Council shall take initiatives and action it deems appropriate with regard to situations of potential conflict, as well as to those that have already developed into full-blown conflicts. The Peace and Security Council shall also take all measures that are required in order to prevent a conflict for which a settlement has already been reached from escalating. |
2. |
To that end, the Peace and Security Council shall use its discretion to effect entry, whether through the collective intervention of the Council itself, or through its Chairperson and/or the Chairperson of the Commission, the Panel of the Wise, and/or in collaboration with the Regional Mechanisms. |
Article 10
The role of the chairperson of the Commission
1. |
The Chairperson of the Commission shall, under the authority of the Peace and Security Council, and in consultation with all parties involved in a conflict, deploy efforts and take all initiatives deemed appropriate to prevent, manage and resolve conflicts. |
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2. |
To this end, the Chairperson of the Commission:
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3. |
The Chairperson of the Commission shall also:
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4. |
In the exercise of his/her functions and powers, the Chairperson of the Commission shall be assisted by the Commissioner in charge of Peace and Security, who shall be responsible for the affairs of the Peace and Security Council. The Chairperson of the Commission shall rely on human and material resources available at the Commission, for servicing and providing support to the Peace and Security Council. In this regard, a Peace and Security Council Secretariat shall be established within the Directorate dealing with conflict prevention, management and resolution. |
Article 11
Panel of the wise
1. |
In order to support the efforts of the Peace and Security Council and those of the Chairperson of the Commission, particularly in the area of conflict prevention, a Panel of the Wise shall be established. |
2. |
The Panel of the Wise shall be composed of five highl y respected African personalities from various segments of society who have made outstanding contribution to the cause of peace, security and development on the continent. They shall be selected by the Chairperson of the Commission after consultation with the Member States concerned, on the basis of regional representation and appointed by the Assembly to serve for a period of three years. |
3. |
The Panel of the Wise shall advise the Peace and Security Council and the Chairperson of the Commission on all issues pertaining to the promotion, and maintenance of peace, security and stability in Africa. |
4. |
At the request of the Peace and Security Council or the Chairperson of the Commission, or at its own initiative, the Panel of the Wise shall undertake such action deemed appropriate to support the efforts of the Peace and Security Council and those of the Chairperson of the Commission for the prevention of conflicts, and to pronounce itself on issues relating to the promotion and maintenance of peace, security and stability in Africa. |
5. |
The Panel of the Wise shall report to the Peace and Security Council and, through the Peace and Security Council, to the Assembly. |
6. |
The Panel of the Wise shall meet as may be required for the performance of its mandate. The Panel of the Wise shall normally hold its meetings at the Headquarters of the Union. In consultation with the Chairperson of the Commission, the Panel of the Wise may hold meetings at such places other than the Headquarters of the Union. |
7. |
The modalities for the functioning of the Panel of the Wise shall be worked out by the Chairperson of the Commission and approved by the Peace and Security Council. |
8. |
The allowances of members of the Panel of the Wise shall be determined by the Chairperson of the Commission in accordance with the Financial Rules and Regulations of the Union. |
Article 12
Continental early warning system
1. |
In order to facilitate the anticipation and prevention of conflicts, a Continental Early Warning System to be known as the Early Warning System shall be established. |
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2. |
The Early Warning System shall consist of:
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3. |
The Commission shall also collaborate with the United Nations, its agencies, other relevant international organizations, research centers, academic institutions and NGOs, to facilitate the effective functioning of the Early Warning System. |
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4. |
The Early Warning System shall develop an early warning module based on clearly defined and accepted political, economic, social, military and humanitarian indicators, which shall be used to analyze developments within the continent and to recommend the best course of action. |
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5. |
The Chairperson of the Commission shall use the information gathered through the Early Warning System timeously to advise the Peace and Security Council on potential conflicts and threats to peace and security in Africa and recommend the best course of action. The Chairperson of the Commission shall also use this information for the execution of the responsibilities and functions entrusted to him/her under the present Protocol. |
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6. |
The Member States shall commit themselves to facilitate early action by the Peace and Security Council and or the Chairperson of the Commission based on early warning information. |
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7. |
The Chairperson of the Commission shall, in consultation with Member States, the Regional Mechanisms, the United Nations and other relevant institutions, work out the practical details for the establishment of the Early Warning System and take all the steps required for its effective functioning. |
Article 13
African standby force
Composition
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Mandate
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Chain of Command
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Military Staff Committee
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Training
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Role of Member States
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Article 14
Peace building
Institutional Capacity for Peace-building
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Peace-building during Hostilities
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Peace-building at the End of Hostilities
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Article 15
Humanitarian action
1. |
The Peace and Security Council shall take active part in coordinating and conducting humanitarian action in order to restore life to normalcy in the event of conflicts or natural disasters. |
2. |
In this regard, the Peace and Security Council shall develop its own capacity to efficiently undertake humanitarian action. |
3. |
The African Standby Force shall be adequately equipped to undertake humanitarian activities in their mission areas under the control of the Chairperson of the Commission. |
4. |
The African Standby Force shall facilitate the activities of the humanitarian agencies in the mission areas. |
Article 16
Relationship with regional mechanisms for conflict prevention, management and resolution
1. |
The Regional Mechanisms are part of the overall security architecture of the Union, which has the primary responsibility for promoting peace, security and stability in Africa. In this respect, the Peace and Security Council and the Chairperson of the Commission, shall:
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2. |
The Peace and Security Council shall, in consultation with Regional Mechanisms, promote initiatives aimed at anticipating and preventing conflicts and, in circumstances where conflicts have occurred, peacemaking and peace-building functions. |
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3. |
In undertaking these efforts, Regional Mechanisms concerned shall, through the Chairperson of the Commission, keep the Peace and Security Council fully and continuously informed of their activities and ensure that these activities are closely harmonized and coordinated with the activities of Peace and Security Council. The Peace and Security Council shall, through the Chairperson of the Commission, also keep the Regional Mechanisms fully and continuously informed of its activities. |
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4. |
In order to ensure close harmonization and coordination and facilitate regular exchange of information, the Chairperson of the Commission shall convene periodic meetings, but at least once a year, with the Chief Executives and/or the officials in charge of peace and security within the Regional Mechanisms. |
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5. |
The Chairperson of the Commission shall take the necessary measures, where appropriate, to ensure the full involvement of Regional Mechanisms in the establishment and effective functioning of the Early Warning System and the African Standby Force. |
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6. |
Regional Mechanisms shall be invited to participate in the discussion of any question brought before the Peace and Security Council whenever that question is being addressed by a Regional Mechanism is of special interest to that Organization. |
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7. |
The Chairperson of the Commission shall be invited to participate in meetings and deliberations of Regional Mechanisms. |
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8. |
In order to strengthen coordination and cooperation, the Commission shall establish liaison offices to the Regional Mechanisms. The Regional Mechanisms shall be encouraged to establish liaison offices to the Commission. |
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9. |
On the basis of the above provisions, a Memorandum of Understanding on Cooperation shall be concluded between the Commission and the Regional Mechanisms. |
Article 17
Relationship with the United Nations and other international organizations
1. |
In the fulfillment of its mandate in the promotion and maintenance of peace, security and stability in Africa, the Peace and Security Council shall cooperate and work closely with the United Nations Security Council, which has the primary responsibility for the maintenance of international peace and security. The Peace and Security Council shall also cooperate and work closely with other relevant UN Agencies in the promotion of peace, security and stability in Africa. |
2. |
Where necessary, recourse will be made to the United Nations to provide the necessary financial, logistical and military support for the African Unions’ activities in the promotion and maintenance of peace, security and stability in Africa, in keeping with the provisions of Chapter VIII of the UN Charter on the role of Regional Organizations in the maintenance of international peace and security. |
3. |
The Peace and Security Council and the Chairperson of the Commission shall maintain close and continued interaction with the United Nations Security Council, its African members, as well as with the Secretary-General, including holding periodic meetings and regular consultations on questions of peace, security and stability in Africa. |
4. |
The Peace and Security Council shall also cooperate and work closely with other relevant international organizations on issues of peace, security and stability in Africa. Such organizations may be invited to address the Peace and Security Council on issues of common interest, if the latter considers that the efficient discharge of its responsibilities does so require. |
Article 18
Relationship with the Pan African Parliament
1. |
The Mechanism shall maintain close working relations with the Pan- African Parliament in furtherance of peace, security and stability in Africa. |
2. |
The Peace and Security Council shall, whenever so requested by the Pan African Parliament, submit, through the Chairperson of the Commission, reports to the Pan-African Parliament, in order to facilitate the discharge by the latter of its responsibilities relating to the maintenance of peace, security and stability in Africa. |
3. |
The Chairperson of the Commission shall present to the Pan-African Parliament an annual report on the state of peace and security in the continent. The Chairperson of the Commission shall also take all steps required to facilitate the exercise by the Pan-African Parliament of its powers, as stipulated in Article 11 (5) of the Protocol to the Treaty establishing the African Economic Community relating to the Pan-African Parliament, as well as in Article 11 (9) in so far as it relates to the objective of promoting peace, security and stability as spelt out in Article 3 (5) of the said Protocol. |
Article 19
Relationship with the African Commission on Human and Peoples's Rights
The Peace and Security Council shall seek close cooperation with the African Commission on Human and Peoples’ Rights in all matters relevant to its objectives and mandate. The Commission on Human and Peoples’ Rights shall bring to the attention of the Peace and Security Council any information relevant to the objectives and mandate of the Peace and Security Council.
Article 20
Relations with civil society organizations
The Peace and Security Council shall encourage non-governmental organizations, community-based and other civil society organizations, particularly women’s organizations, to participate actively in the efforts aimed at promoting peace, security and stability in Africa. When required, such organizations may be invited to address the Peace and Security Council.
Article 21
Funding
Peace Fund
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Assessment of Cost of Operations and Pre-financing
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Article 22
Final provisions
Status of the Protocol in relation to the Cairo Declaration
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Signature, Ratification and Accession
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Entry into Force
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Amendments
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Depository Authority
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Adopted by the 1st Ordinary Session of the Assembly of the African Union Durban, 9 July 2002