Tomorrow (24 August), the African Union (AU) Peace and Security Council (PSC) will convene a virtual session to consider the proposed finalisation and operationalisation of the AU Humanitarian Agency (AUHA).

Following the opening remark of the PSC Chairperson for August, Cameroon’s Permanent Representative to the AU, Churchill Ewumbue-Monono, the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is expected to deliver a remark. The AU Commissioner for Health, Humanitarian Affairs and Social Development, Amira El Fadil is also expected to brief Council on the status of finalisation and operationalisation of the AUHA.

It is to be recalled that Council last convened a session on the AUHA at its 843rd session where it was briefed on the status of the AUHA, however there was no outcome document. At its 762nd meeting held in April 2018 the PSC called on the AU Commission to expedite the development of modalities for operationalising the agency, outlining the legal, financial and structural implications. In addition to reflecting on the importance of the AUHA to contribute towards resolving the current humanitarian crisis in the continent, tomorrow’s session may follow up on the progress obtained in the process of operationalising the agency.

A study on the operationalisation of the AUHA was conducted and its preliminary findings were evaluated among member states and independent experts in 2019. The study which details the options for operationalisation, proposes the structure of the agency and highlights its legal and financial implications was validated at an Extra-ordinary session of the Special Technical Committee (STC) on Migration, Refugees and Internally Displaced Persons (IDPs) (MR&IDPS-STC) and adopted with couple amendments at a meeting of member state experts which took place in June 2020. In the same year, the AU Commission finalised the draft AUHA Statute as directed at the 3rd Ordinary Session of the MR&IDPS-STC. It is expected that the 4th Ordinary Session of the MR&IDPS-STC, planned for November this year will consider and validate the draft Statute of the AUHA, which will be one of the considerations that will determine when the agency will become fully operational. Tomorrow’s briefing by the Commissioner for Health, Humanitarian Affairs and Social Development may provide more highlights in this regard.

The increasing rate of humanitarian crises in Africa and the intensifying nature of exacerbating factors such as climate change and outbreak of pandemics like Covid-19 are more than ever making it mandatory to find ways to respond to the situation in an organised and better coordinated manner. While AU has already mechanised various structures to respond to crises and disasters (such as the Special Emergency Assistance Fund (SEAF), the Africa Centres for Disease Control (Africa CDC) and Africa Risk Capacity (ARC)), there is limited coordination among these structures in addition to the slow implementation of normative standards such as the African Humanitarian Policy Framework, the OAU Refugee Convention and the Kampala Convention. One of the key roles the AUHA aims to undertake is coordination of humanitarian action, as emphasised in the 2016 Common African Position (CAP) on Humanitarian Effectiveness, which was adopted by Assembly/AU/Dec.604 (XXVI). The AUHA would thus be instrumental to fill the existing gap in effectively coordinating action among existing operational mechanisms which are fundamental for addressing humanitarian challenges in the continent.

While both the AU and its predecessor – the Organisation of African Unity (OAU) – have for long sought ways to deal with humanitarian crises on the continent, solid steps towards the establishment of the AUHA were initiated following the adoption of AU Assembly Decision of 30 January 2016 (Assembly/AU/Dec.604 (XXVI)). As emphasised in Assembly/AU/Dec.604 (XXVI), the AUHA is aimed to be “anchored on regional and national mechanisms and funded through African resources”. The purpose behind fully financing the AUHA through African resources is to ensure full African ownership of the agency and the establishment of the agency has already obtained the support of all 55 member states of the AU. In this context it is also important to consider the potential challenges that may be encountered in the process of establishing the agency.

The first challenge is around the mechanisms in which member states mobilize financial resources to effectively and sustainably finance the agency. As primary responders to humanitarian crises within their territories, member states – some more than others – have already strained capacities. Hence, they may find it difficult to consistently finance the AUHA to ensure that it can effectively manage humanitarian crisis in the continent. It is therefore important to compliment member states’ contributions through building strong partnerships with global actors who can contribute to the successful formation and functioning of the AUHA, while the agency maintains its foundation in existing continental policy and legal frameworks.

The second issue relates to collaboration and coordination with other humanitarian actors. It is important to have clarity on the added value of the AUHA in the presence of a number of aid agencies and international humanitarian organizations in various humanitarian situations in the continent. To prevent any duplication of efforts and resources it would be useful to also identify the exact gap that the AUHA is expected to fill.

It would be of interest for Council members to also consider how the PSC may collaborate with the agency. As enshrined in the PSC Protocol, the Council is among the various AU organs assuming responsibility to respond to humanitarian issues. Art.6(f) of the Protocol for instance stipulates humanitarian action and disaster management among the functions of the Council. Art.7 mandates the PSC to facilitate and support humanitarian action in the context of both natural disasters and armed conflicts. Another relevant provision is Art.13(3)(f), which mandates the African Standby Force (ASF) to provide humanitarian assistance to alleviate the suffering of civilians in conflict situations and to support efforts in cases of major natural disasters. The PSC and the AUHA – once operationalised – will thus need to work in collaboration and complement each other’s mandates. In addition to coordination and collaboration with the relevant AU organs, it is also important for the AUHA to work together with international humanitarian actors and UN agencies that already have presence on the ground and extensive experience in dealing with humanitarian challenges in the continent.

The outcome of the session is expected to be a press statement. Council may express concern over the deteriorating humanitarian situation in the continent, particularly the growing rate of displacement and the plight of migrants, refugees and IDPs. It may urge the Commission and member states to further expedite the full operationalization and establishment of the AUHA. It may call on member states to honour their commitments to finance the AUHA and to ensure implementation of Executive Council decision EX.CL/Dec.567(XVII) which called for the increase of AU humanitarian fund from 2% to 4% of member states’ assessed contributions.

Tomorrow (17 August), the African Union (AU) Peace and Security Council (PSC) is set to convene its 1021st session virtually. The PSC is expected to receive a briefing from the International Committee of the Red Cross (ICRC) with regards to its activities in Africa.

The session forms part of ICRC’s regular briefings to Council which have been taking place since 2007. ICRC’s President, Mr Peter Maurer will be presenting tomorrow’s briefing.

Throughout the years, ICRC’s regular briefings with Council have served to reflect on pertinent thematic concerns of significance at the time of the briefing. These ranged from protection of civilians to compliance with International Humanitarian Law (IHL), to examining the humanitarian toll of armed conflicts on the continent. Council’s 904th session held on 16 January 2020 where it was last briefed by the ICRC addressed thematic concerns including the plight of refugees, internally displaced persons (IDPs) and children as well as victims of sexual violence in the context of armed conflicts. In addition, the experiences of ICRC in Ethiopia, Kenya and Somalia were also discussed at that session, based on Mr Maurer’s visits to these countries. As in the past, tomorrow’s briefing is expected to focus on some of the most pressing humanitarian contemporary concerns in conflict and crisis situations in Africa, based on ICRC’s operational experience.

The first of the issues that Maurer is expected to highlight is the shrinking humanitarian space in conflict situations. The diminishing cooperation of conflict parties with humanitarian actors is eroding humanitarian access and the humanitarian space for conflict affected civilian populations. The imposition of direct or indirect severe restrictions that humanitarian actors face in some conflict situations is not only making the delivery of humanitarian assistance for affected civilians untenable but also creating conditions for violation of the IHL obligations and basic principles of human rights. There is a need for conflict parties to ensure that they balance the pursuit of military and security objectives their obligations as far as the protection and provision of humanitarian assistance to civilians is concerned.

We have also gathered from ICRC’s preparatory work that the briefing may further highlight on the issue of humanitarian access the negative impacts of sanctions regimes and counter-terrorism measures on humanitarian relief operations. Most sanctions regimes rarely contain exemptions for humanitarian action, which in turn delays or in some cases, blocks much needed aid and assistance from reaching civilians caught in the middle of conflicts. Similarly, where certain counter terrorism measures, such as designation of certain groups as terrorist and the concomitant criminalization of engagement with such groups, are imposed without humanitarian exemptions, they make humanitarian organisations’ access to civilians in territories under the effective control of such groups legally and logistically challenging. There is also the issue of safeguarding impartiality of humanitarian organisations such as the ICRC as a condition for the safety of their personnel and humanitarian relief efforts. Having regard to the growing rate of attacks against humanitarian workers including medical facilities, it is necessary to ensure that aid workers are allowed to function in an environment that can be perceived as neutral by all conflicting parties.

The second area of concern ICRC is expected to draw the attention of the PSC is the issue of missing persons. As recent data recorded by the ICRC demonstrates, there are about 48,000 cases of missing persons in Africa, as of 2021. Out of these, 45% account for persons under the age of 18. In addition to calling attention to the issue, tomorrow’s briefing may also open discussions on how the PSC could advance the importance of addressing the fate of missing persons through peacebuilding and transitional justice initiatives in post-conflict countries and countries in transition. It may also emphasise the responsibilities of state and non-state actors including those in conflict situations to take all necessary measures to prevent people from going missing.

Our research for this ‘Insight’ also indicates that Covid-19 and access to equitable vaccination is another pressing issue the briefing could be addressing. As countries across the world forge ahead with their Covid-19 vaccination campaigns, most African States are left behind, still unable to vaccinate substantial amount of their populations. The worst fate however continues to be faced among vulnerable groups in Africa including refugees, IDPs and migrants. Not only do these population groups live in contexts which heighten their exposure to Covid-19 infection, they also face the risk of exclusion from vaccine roll out. In his briefing, Maurer is expected to call on States to ensure that they ensure that vulnerable groups are included in their vaccine allocation and roll out policies. In addition, he may also emphasise the importance for States to invest more on strengthening their public health strategies in order to be better prepared to respond to public health emergencies that may arise in any immediate or distant future.

The next area of concern that could feature in tomorrow’s briefing is the changing nature of armed conflicts, involving the emergence of new trends in how parties engage in combat and the resulting questions cast on the continued validity of IHL and the Geneva Conventions. Current warfare has shown the growing use of unconventional means and methods, particularly in the context of counter-terrorism operations. This is the case for example in the context of terrorist attacks which continue to increasingly target civilians and civilian infrastructures, and the use of unmanned armed vehicles (UAVs). Despite questions that may be raised on whether IHL rules are well-tailored to address such evolving nature of warfare, tomorrow’s briefing will underscore the timeless nature of the core principles of IHL whose applicability cannot be limited by changes in the dynamics of contemporary conflicts. The PSC will be called on, in the light of the explicit commitment in the PSC Protocol to IHL, to emphasize the continuing relevance and the need for compliance with IHL, among others, for limiting the impact of conflicts on civilians. The briefing may also draw attention to the importance of documenting good practices on IHL implementation and encouraging States to develop the culture of voluntary recording and reporting on their IHL compliance.

The last theme expected to feature during the briefing is the instrumental role that can be played by neutral and impartial entities such as the ICRC in preventive diplomacy and conflict resolution efforts. The first advantage of this is that such entities have better acceptability among conflicting sides due to their neutrality and lack of political affiliation and can therefore mediate and facilitate dialogues effectively. Another added value of involving organisation like the ICRC in preventive diplomacy and conflict resolution is that they can play a vital role in bringing the human aspect of situations to light since such processes are usually dominated by political concerns and may unintentionally neglect the humanitarian concerns.

In addition to these key areas, the briefing may also provide overview on the general deteriorating humanitarian situation in the continent, including the worsening displacement crisis; the increasing level of food insecurity and people living in fragile contexts; the increased use of improvised explosive devices and proliferation of arms and weapons; and the devastating impact of natural disasters on communities that are already massively impacted by armed conflicts and political crises. The growing concern over climate change and its humanitarian implications, particularly how it interplays with conflicts and exacerbates vulnerabilities, may also be highlighted.

The expected outcome of the session is a Press Statement. Council may welcome the briefing. It may call on member States to renew their commitments towards implementation of IHL and human rights law as provided for in the PSC Protocol irrespective of the nature of the conflict situation. The PSC may also underscore the importance of all actors respecting and ensuring humanitarian access including by providing for humanitarian exemptions when they impose restrictions while urging the need for humanitarian actors to keep their neutrality. The PSC may also note the need for paying attention to missing persons in peace processes and transitions. It may also welcome the call for equitable access to the COVID19 pandemic to enable African states to administer vaccines and protect vulnerable groups including IDPs, refugees and asylum seekers.