Updated briefing on the situation in Sudan
Updated briefing on the situation in Sudan
Date | 6 February 2023
Tomorrow (6 February), the African Union (AU) Peace and Security Council (PSC) will convene its 1137th session at a ministerial level to receive updated briefing on the situation in Sudan.
Opening remarks are expected by Dr. Grace Naledi Mandisa Pandor, Minister of International Relations and Cooperation of South Africa and Chairperson of the PSC for the month of February, followed by a statement from Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security (PAPS). The representative of the Inter-Governmental Authority on Development (IGAD) as well as the representative of the United Nations (UN) are also expected to make statements.
The last time PSC met to discuss Sudan was during its 1117th session, held on 2 November last year. In that session, PSC took note of the draft constitutional document initiated by the Sudan Bar Association (SBA) and urged stakeholders that were not part of the SBA’s constitutional document to join the process and for the document to serve as basis for negotiations. PSC further stressed the need to ensure the inclusiveness of the political process for full ownership and legitimacy of the outcome by every segment of the Sudanese society.
Since then, encouraging progress has been made towards resolving the confrontation between the military that staged the 25 October military coup and the various sectors of the civilian population who led and took active part in the mobilization of mass peaceful protests demanding the end of military rule and establishment of a civilian transitional authority. On 5 December 2022, the military and the section of the civilian population organized under the Forces of Freedom and Change (FFC) signed a Political Framework Agreement (PFA). The Agreement was signed by more than 50 political and civil groups, including Sudan’s military leader General Abdel Fattah Al Burhan, his deputy and commander of the Rapid Support Forces (RSF), Forces of Freedom and Change (FFC) and non-FFC professional associations and civil society groups, as well as Malik Agar, an ex-rebel and former governor of Blue Nile State.
The signing of the PFA has been lauded by many partners including the AU, IGAD, and UN as a critical first step towards the restoration of a constitutional order and the formation of a credible civil, democratic, and accountable government. In a communique issued on 5 December 2022, the Chairperson of the AU Commission, Moussa Faki Mahamat, welcomed the agreement while calling upon ‘the signatory parties to remain open to the political forces that have not signed the said Agreement’. The 8 December press statement by the UN Security Council also highlighted the singing of the Agreement as ‘an essential step towards the forming of a civilian-led Government and defining constitutional arrangements to guide the Sudan though a transitional period culminating in elections.’
Not withstanding the progress, the PFA marks towards achieving agreement on civilian led transitional process among Sudanese actors and the warm reception it attracted on the part of regional and international actors, it did not garner the support of all the major stakeholders. Most notably, it was greeted with opposition from the resistance committees, who organized successful protests campaigning for a civilian led transitional process and a democratic dispensation in which the military is reformed and under civilian control. The core of their grievance lies in the lack
of consultation and transparency on the part of the FFC who negotiated the PFA with the military. Additionally, some of the key former rebel leaders signatories to the Juba Peace Agreement did not extend their support to and were not also part of the PFA.
The PFA however was the framework agreement that came out of the first phase of a two phase negotiation process. The second phase of the process started on 8 January 2023 with the facilitation of the AU-IGAD-UN Trilateral Mechanism. As this second phase, which deals with very delicate issues, presents an opportunity for building on PFA and avoid the pitfalls of the first phase of the negotiations. If the PSC’s decision for ensuring inclusiveness of the process and legitimacy of the outcome by every segment of Sudanese society is to be realized as key guarantee to avoid recurrence of the collapse of the previous transition, the second phase needs to galvanise broader consensus among the key national forces and bringing non-signatories to the PFA on board. Without such consensus and full participation of non-signatories, the outcomes resulting from the process such as the creation of a new civilian government would face a legitimacy crisis and raise risk of collapse of another transitional process.
The focus of the second phase of the negotiations is the five contentious issues: the reinstatement of the Dismantling Committee (a committee established by the government of Abdallah Hamdok at the end of 2019 – with the aim to dismantle the June 30, 1989 regime and retrieve public funds – but was suspended after the 25 October military coup), security sector reform, transitional justice, implementation of the Juba Peace Agreement, and the question of Eastern Sudan. In that context, different workshops and conferences are taking place with the participation of both signatory and non-signatory parties to the PFA under the facilitation of the Trilateral Mechanism. The recommendations emerging from these engagements are expected to feed into the direct negotiations between different stakeholders to reach a final deal, which leads to the formation of a civilian government.
One of the issues for the PSC is accordingly how to support the ongoing negotiation process. Building on its decision from the November session on inclusiveness and wider public legitimacy of the outcome, the PSC may seek to find out from the briefers on what needs to be done to consolidate the gains from the PFA and expand wider public buy in the second phase of the process. This is not simply about the resumption of financial and economic support by bilateral and multilateral bodies but it is also about lifting of sanctions currently imposed on Sudan.
The other issue that would be of interest for members of the PSC to properly examine is how to mobilize organized regional and international support towards ensuring an agreement with sufficiently wide public buy in and able to produce a sustainable civilian led transitional process. Related to this is also the threat of the negotiations being entangled into regional and global geo-political rivalries and how to avoid ongoing contestations among various powers vying for dominant influence in Sudan from impeding or frustrating the negotiation process. It is thus important for PSC members to know the implications – on the willingness of the military actors to handover to the civilian led government the level of authority for it to make decisions without threat of eviction by the military – of recent initiatives such as the announcement by Israel after meeting President of the Sovereign Council Burhan that the two sides have agreed to normalise relationships between Sudan and Israel.
Regarding PSC’s sanction on Sudan, the lack of clarity and consistency in AU’s norm over the conditions that need to be fulfilled for the lifting of sanctions poses a challenge. In this connection, it is worth noting that Mali also made the request for the lifting of sanction during the 3rd meeting of the Monitoring and Support Group for the Transition in Mali (GST-Mali) last September after reaching an agreement on acceptable transition timeline. In the absence of consistent practices and lack of clarity on conditions for the lifting of sanction, developing clear benchmarks and guidelines on the matter is of strategic importance instead of responding to the requests on a case-by-case basis, that may open the PSC to inconsistency and accompany legitimate charges of double standards.
With specific reference to Sudan, it is to be recalled from the 2019 experience that at the promise of progress towards achieving agreement on establishment of a civilian led transitional authority is not enough. Even the signing of such agreement would not be enough. At a minimum and in fulfilment of PSC’s various relevant decisions since the 25 October 2021 coup, the signing of such agreement needs to be accompanied by the establishment of the civilian transitional authority that enjoys wide public support before the lifting of the suspension. Pending the establishment of common criteria on lifting of suspension from the AU, having such a minimum progress also helps to ensure consistency in how PSC deals with the transitional processes in Mali, Guinea, Burkina Faso & Chad.
The expected outcome is a communique. PSC is expected to welcome the 5 December 2022 Political Framework Agreement signed between the military and some political and civil groups including the FFC as the first critical step towards the establishment of a civilian transition government and ultimately the restoration of constitutional order. While also welcoming the launch of the second phase of the political process, PSC is likely to emphasize the importance of ensuring the participation of non-signatories of the PFA in the process that is aimed at reaching consensus around the five key national issues. In that regard, PSC may urge those parties that were not part of the PFA to join the second phase of the process and ensure that their concerns are fully taken on-board. In relation to the facilitation role being played by the AU-IGAD-UN Trilateral Mechanism, the PSC may once again express its strong support to the Mechanism as the lead facilitator of the political process. It may further call up on the international community to back the Trilateral Mechanism’s facilitation role and to refrain from undertaking parallel initiatives that could undermine the negotiation process. Regarding its engagement on Sudan, it may reiterate its decision, agreed at the 1041st session, to receive a monthly update on the evolution of the situation in Sudan. Further to that it may also reiterate its decision to undertake a field mission to the country with the view to expressing its solidarity with the people of Sudan in their quest for a successful transition towards democratic, stable, and prosperous country as well as encouraging Sudanese stakeholders to successfully complete the efforts towards the restoration of constitutional order so as to pave the way for country’s reinstalment of its membership in the AU. In light of lack of clarity on conditions for the lifting of sanctions imposed by the PSC in relation to unconstitutional changes of government, PSC may take the opportunity to request the AU Commission to prepare standard guideline on the lifting of sanctions imposed on Member States that have experienced unconstitutional changes of government. The PSC may also express its wish to see the second phase succeed and culminate in the establishment of a civilian led transitional authority in order to enable it to consider the lifting of the suspension of Sudan and to mobilize support for the transitional process under popularly supported civilian led government.
MONTHLY DIGEST ON THE AFRICAN UNION PEACE AND SECURITY COUNCIL - DECEMBER 2022
MONTHLY DIGEST ON THE AFRICAN UNION PEACE AND SECURITY COUNCIL - DECEMBER 2022
Date | December 2022
Nigeria assumed chairship of the African Union (AU) Peace and Security Council (PSC) in December. Four sessions were convened during the month and three of these had two agenda items (the 1126th, 1128th and 1129th sessions), making the total agenda items discussed during the month seven. Of these agenda items, three were committed to country/region specific situations whereas one addressed a thematic issue and the remaining three were committed to consideration of conclusions of some retreats and convening of the PSC which took place during the year.
The Situation in Libya
The Situation in Libya
Date | 01 February 2023
Tomorrow (01 February), the African Union (AU) Peace and Security Council (PSC), is scheduled to convene the very first meeting of the month at its 1136th session to receive updates on the situation in Libya.
Following opening remarks by Edward Xolisa Makaya, Permanent Representative of South Africa to the AU and Chairperson of the PSC for the month of February, Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security (PAPS) is expected to deliver a statement. Wahida Ayari, Special Representative of the AU Commission Chairperson in Libya is expected to provide update on the situation in Libya. Republic of the Congo, as Chairperson of the High-Level Committee for Libya is also expected to make a presentation. The representative of the State of Libya, as the country concerned will also deliver statement. Representatives of the Libya Contact Group and Libya’s immediate neighbouring countries, as well as representatives from Community of Sahel–Saharan States (CEN-SAD), North African Regional Capability (NARC), and Arab Maghreb Union (UMA), as relevant Regional Economic Communities and Regional Mechanisms (RECs/RMs) are also expected to make statements. The Special Representative of the Secretary-General for Libya and Head of the UN Support Mission in Libya (UNSMIL) will also deliver a statement.
The last time the PSC convened a meeting to discuss the situation in Libya was at its 1091st session which took place on 29 June of the previous year. The challenges that continue hindering the conduct of general elections in Libya formed one of the main issues the PSC addressed at that session. In this regard, it is to be recalled that the PSC, while acknowledging and expressing full support to on-going political processes in Libya aimed at resolving issues impeding the conduct of elections, it urged Libyan stakeholders to reach consensus on the necessary constitutional framework and electoral laws and enable registered 2.8 million voters elect their leaders. In addition to providing general overview on the political, security and humanitarian situation in Libya, tomorrow’s session is expected to provide latest updates related to on-going efforts for the conduct of the much-delayed general elections.
One key new development with respect to processes aimed at resolving the political crisis in Libya has been the appointment of Senegalese Abdoulaye Bathily, as the Special Representative of the Secretary General for Libya and Head of UNSMIL. Since the former SRSG for Libya and Head of UNSMIL, Jan Kubis stepped down in late November 2021, the post has remained vacant while the UN chief appointed US diplomat Stephanie Williams as his Special Advisor considering her previous engagement as a UN deputy Special Representative in Libya. Since resignation of Williams in the end of July 2022, the mission has been functioning without the required leadership. Tomorrow’s session therefore presents the opportunity to welcome the appointment of Bathily to lead UNSMIL, and commend the Secretary-General and the UN Security Council (UNSC) for responding to PSC’s call for appointment of an African candidate.
Since the PSC’s last deliberation on the situation, the political impasse between the Tripoli based Government of National Unity (GNU) headed by interim Prime Minister Abdul Hamid Dbeibeh on the one hand, and Fathi Bashagha, the Prime Minister-designate nominated by the east based House of Representatives (HoR) on the other hand, persisted with little to no progress. Although talks resumed between the speakers of the HoR and the High State Council (HSC) which functions as Libya’s Senate, agreement is yet to be reached between the two institutions on the necessary frameworks for the conduct of elections. On the economic track as well, Libya’s financial institutions continue to be divided despite on-going efforts to implement reform and reunification measures for the Central Bank.
While international efforts have predominantly been focused on the holding the general elections, the current reality on the ground seems to be revealing the need for strengthening parallel approaches that aim to resolve the political impasse and dispute over executive power. Without the necessary concerted international effort to overcome the fragmentation of government institutions and achieve integration, progress in the effort for reaching agreement on the necessary legal frameworks for the conduct of the national elections is likely to remain elusive.
The launch of Libya’s reconciliation process has been a welcome development on the other hand. Preparatory meeting for the Libyan national reconciliation conference was initiated on 08 January, in Tripoli, under the auspices of the AU. From the AU’s side, in attendance were President Macky Sall of Senegal in his capacity as the AU Chair; Chairperson of the AU Commission, Moussa Faki Mahamat and Congolese Minister of Foreign Affairs, Jean Claude Gakosso, on behalf of the Chairperson of the High-Level Committee for Libya, Denis Sassou Nguesso. From the side of Libya, key actors including Head of the Libyan Presidential Council, Mohammed Menfi as well as members of the HSC and HoR tool part in the meeting. If implemented in an inclusive manner that ensures the participation and involvement of all the pertinent institutions and sectors of society including civil society actors, the national reconciliation process can potentially serve to create the conducive political and social environment that would lend societal support to the effort to bring Libyan parties a step closer towards forging unity and reaching agreement on the modalities for conducting elections and forming a legitimate government.
The security situation in Libya remains worrying. Although sporadic, incidents of clashes between supporters of the two rival governments as well as attacks against civilians have characterised the security landscape over the past year. In late August 2022, the worst fighting the country has experienced in couple years broke out in Tripoli between armed fighters backing the GNU and Bashagha’s loyalists, reportedly claiming the lives of over 30 people and injuring hundreds more. The incident occurred as supports of Fathi Bashagha attempted for a second time to gain territory within Tripoli, the first attempt already staged earlier in the year, in mid-May. Further to constituting a clear violation of the October 2020 Ceasefire Agreement, these incidents complicate and impose considerable challenge to efforts aimed at the unification of Libya’s armed forces. Added to this is the continued presence of foreign forces in parts of Libya which compounds the security challenges that confront the country.
A critical aspect that warrants a close follow-up is also the nature of geo-politics in the wider eastern Mediterranean region and the consequent impact it entails to Libya’s internal affairs. With Turkey’s demonstrated political and military backing to the GNU and the signing of an agreement between the two in early October 2022 that allows the former to explore energy resources in disputed areas of the eastern Mediterranean Sea, tensions are likely to increase between Turkey and other countries in the region that are opposed to its military and economic reach in Libya. Left unchecked and with continued lack of unity among Libyan actors, such developments have the potential to revive divided foreign support either through open or tacit backing of the two governments in Libya, threatening to plunge the country back to a full-blown conflict.
Due to the protracted political crisis and the years-long armed conflict that only came to an end very recently, public services in Libya have been weakened considerably and struggle to properly address the humanitarian needs of affected populations. The UN estimates that nearly 526,000 people (including nearly 200,000 children) will require humanitarian assistance in 2023. Migrants and refugees hosted in both state operated and non-state operated centres continue to experience serious humanitarian and protection challenges and endure grave human rights violations. According to the UN Secretary General’s report of 09 December 2022, there are 4,001 migrants as of November 2022, being held in government operated detention centres.
Tomorrow’s session also serves as an opportunity for reviewing the state of implementation of various AU and PSC decisions regarding enhancing AU’s role in the Libya peace process and with respect to addressing the plight of African refugees and migrants.
The outcome of tomorrow’s session is expected to be a Communiqué. The PSC is expected to welcome the appointment of Abdoulaye Bathily as the SRSG for Libya and Head of UNSMIL and commend the Secretary-General, African three members of the UN Security Council (A3) and the wider UNSC for supporting the appointment of Bathily, in line with previous Communiqués of the PSC. The PSC may also welcome the initiation of the Libyan national reconciliation conference and urge all Libyan parties to participate in good faith in this process. It may further call on Libyan parties to work towards reaching consensus on finalising the necessary constitutional and electoral frameworks for the conduct of national elections and urge international and regional stakeholders to fortify efforts aimed at finding diplomatic settlement for the dispute over executive power in Libya. It may urge all Libyan actors to exercise utmost restraint to avoid incidents similar to the August 2022 armed clash and to refrain from further breach of the 23 October 2020 Ceasefire Agreement in order to preserve the relative peace and security achieved since its signing. The PSC may reiterate its call for the immediate and unconditional withdrawal of all foreign fighters, foreign forces and mercenaries from Libya in line with the 23 October 2020 Ceasefire Agreement. It may also condemn and totally reject any external interference in the internal affairs of Libya and urge Libyan actors to prioritise unification and refrain from taking actions that will put at risk the country’s fragile stability. The PSC may take note of the continuing humanitarian and human rights crises affecting in particular migrants and refugees, and call on the relevant Libyan authorities as well as international humanitarian actors to take the necessary measures to ensure the safety and protection of populations in need. It may also reiterate the call made at its previous session, regarding the ‘urgent need for the AU Commission to ensure that the AU Mission in Libya is relocated to Tripoli and is sufficiently capacitated, in order to enable it to more effectively discharge its mandate and adequately support the AU’s efforts on Libya, in line with the Decision [Assembly/AU/Dec.819(XXXV)] adopted by the 35th Ordinary Session of the Assembly’.
