Briefing on the situation in Mali
Amani Africa
Date | 17 September, 2020
Tomorrow (17 September) the African Union (AU) Peace and Security Council (PSC) is scheduled to hold a briefing on the situation in Mali. The meeting is expected to take place through VTC.
As per the terms of the communiqué of the 941st session of the PSC, the Council is scheduled to receive update from the AU Commission Chairperson on the evaluation of the situation in Mali. This is to be presented by the Commissioner for Peace and Security, Smail Chergui. The AU High Representative for Mali and the Sahel and the Head of MISAHEL, former Burundian President Pierre Buyoya is also expected to brief the Council. It is also anticipated that the PSC will hear from the current Chairperson of ECOWAS on its engagements with the Malian stakeholders for the restoration of constitutional order in Mali.
After continued popular protest for several months organized under the umbrella alliance of opposition groups and CSOs known as the June 5 Movement-Rally of Patriotic Forces (M5-RFP), on 18 August mutinying soldiers detained Ibrahim Boubacar Keita and Prime Minister Boubou Cisse. The same day the President announced his resignation and the dissolution of his government and the National Assembly.
Following these developments, which the PSC deemed as an unconstitutional change of government, the Council held an emergency meeting on 19 August and decided to immediately suspended Mali from participating in all AU activities until the restoration of constitutional order in the country.
On 20 August ECOWAS Heads of State and Government held an extraordinary session through videoconference on the situation in Mali. They called for the immediate restoration of the constitutional order and the immediate reinstatement of President Keita. In a pursuit of this objective, a delegation led by the ECOWAS mediator former President Goodluck Jonathan was dispatched to Mali. The delegation met President Keita, with the Constitutional Court as well as with the National Committee for the Salvation of the People (CNSP) to discuss the steps for the restoration of the constitutional order in the country. Few days after ECOWAS’s mission CNSP announced the release of President Keita.
On 28 August, in a follow up extraordinary summit, ECOWAS Heads of State and Government recalibrated their 20 August decision on reinstatement of President Keita and took note of his resignation. The ECOWAS summit called for speedy establishment of a civilian transitional authority with appointment of a civilian transition president and civilian prime minister. It decided that the political transition should not exceed 12 months and the civilian transitional administration should be established based on consultations with the Constitutional Court, political parties, CSOs and other members of the public.
The Malian protest group known as the M5-RFP met with the military junta that ousted President Keita and expressed its intention to work with CNSP. After delays of the initial plan for the meeting between the M5-RFP and the CNSP, the meeting was finally held at the Kati military base outside of Bamako. The two held another meeting on 4 September. The CNSP also held consultations with political parties on 31 August at the Ministry of Defence and Veterans. Although the CNSP announced a plan to travel to northern Mali for meeting with key political forces, it was reportedly cancelled due to bad weather conditions.
After the various meetings held with various stakeholders including the M5-RFP, political parties and CSOs, on 6 September the CNSP announced that a national consultation will be held for an agreement on the transitional roadmap. The national consultation on the transition in Mali took place on 10-12 September. Convened in Mali’s capital Bamako, the national consultation brought together 500 participants from various sectors of the public including the M5-RFP, CSOs, political parties, and journalists. Among the international observers present at the opening of the consultation was the AU High Representative for Mali and the Sahel, Buyoya.
In his briefing, some of the areas in respect of which Buyoya may provide details include the national consultation and the transitional charter. In this respect, issues of particular interest for tomorrow’s session also include the composition of the national consultation and the degree to which it reflects the diversity of social and political interests in Mali, the conduct of the consultation and the implications of the strong objection that the M5-RFP expressed against the transitional charter.
Despite the apparent national character of the participants of the national consultation, armed groups that are active in Northern Mali, including the Coordination for the Movement of Azawad, who signed the 2015 peace agreement, did not participate. Sidi Brahim Ould Sidatt, the leader of the Azawad group, is reported to have said ‘we have two choices …either we enter the transition process and have made a new constitution of Mali together in which we reorganize ourselves or we wait after the transition and we continue negotiations with the government that will be put in place.’
At the start of the consultation the leader of the CNSP colonel Assimi Goîta stated that the consultation was an opportunity for the nation’s vital forces to discuss the concerns of the moment and the future, underscoring the need to diagnose the evils which undermine efforts of democratization and adopt urgent measures. During the consultation, the participants considered and proposed inputs for a transitional charter that was drafted by an expert committee. At the end of the two days of national consultations, participants adopted a transitional charter, which faced opposition, among others by the M5-RFP.
The transitional charter establishes the office of the president, the vice president, a transitional government with a prime minister and maximum of 25 ministers. It also defines their responsibilities with the vice president for example assigned to be in charge of defence, security and the reorganization of the state. The Charter also establishes a transitional national council, which will serve as a legislative assembly. The membership of legislative body is envisaged to be made up of 121 members from the defense and security forces and all sectors in the country.
According to the spokesperson who presented the report on the consultation, under the Charter the interim president can be a civilian or a military and will preside over a transitional period of 18 months before elections are held. It is also envisaged that the interim president will be selected by a council chosen by the military junta. This is indicative of the enormous influence and pressure that the junta exerted on the national consultation and in shaping the contents of the transitional charter.
Indicating the lack of consensus on the transitional charter finalized during the national consultation and the political disagreement on the transitional process, the M5-RFP, the influential coalition which led the mass protest that created the conditions for the downfall of President Keita, stated that it ‘distances itself from the resulting document.’ The M5-RFP said the document did not take into account what it said was a majority vote for civilian interim. It deemed the document as an attempt by military leaders to ‘grab and confiscate power.’
It is clear that the situation in Mali has descended into further political uncertainties. The factors that account for this include the apparent determination of the juntas to exercise firm control over the transition, the opposition that the M-RFP raised to the transitional charter and the non-participation of key northern actors in the national consultation. Unless urgent measures are taken to address this situation, there is risk of deepening uncertainty on the governance of the country. If the opposition to the transitional charter escalates into political contestation over the transition with return of protesters to the streets, it can plunge Mali into further instability, aggravating the prevailing insecurity in the country.
ECOWAS’s 57th ordinary session of Heads of State and Government held on 7 September adopted a decision that the Malian forces has to appoint a transitional civilian president and prime Minister by no later than 15 September or face further sanctions. It is to be recalled that ECOWAS has already imposed sanctions on Mali including closure of its borders with its neighbours.
When ECOWAS convened a consultative meeting in Accra, Ghana under the Chairperson of the ECOWAS Authority, President Nana Addo Akufo-Addo on 15 September, the deadline that ECOWAS set for the appointment of a civilian led transitional government has not been met. The AU was represented in the ECOWAS meeting through the AU High Representative for Mali and the Sahel, Buyoya, who, in his intervention is also expected to provide updates on the Accra meeting. Apart from underscoring the urgency of establishing a responsible government in Mali at the start of the meeting, President Akufo-Addo, who told reporters that ‘we have not reached agreement with the military junta’, insisted that ‘we need a civilian leadership of the transition and we have also made it clear that the minute that leadership is put in place, the sanctions would be lifted.’ ECOWAS had decided that the transition has to be led by civilian president and prime minister throughout the entire period of the transition. Upon the establishment of the civilian transition ECOWAS pledged to accompany Mali in the effort toward the reestablishment of constitutional order in conformity with the applicable protocols of ECOWAS. It is however agreed that the duration of the transition period would be for 18 months as stipulated in the transitional charter rather than the 12 months set by ECOWAS.
The situation presents a major challenge to both the ECOWAS and the AU norms banning military coups. With its deadline unmet, the military junta bent on assuming leading role during the transition and the civilian opposition to the transitional charter, the applicable norms are sure to necessitate further sanctions on the military junta if it persists with its wish to preside over the transitional process. It is to be recalled that in 2012 ECOWAS imposed economic, financial and diplomatic sanctions after the junta that usurped power by coup failed to meet a 72-hour deadline set by the regional body. Similarly, rejecting what it called, ‘all delaying tactics of the perpetrators of the coup d’état’, the PSC at its 316th session decided, ‘in view of the refusal of the military junta to respond immediately and in good faith to the requests of the AU and ECOWAS, to impose, with immediate effect, individual measures, including travel ban and asset freeze, against the leader and members of the junta, as well as against all individuals and entities contributing, in one way or another, to the maintenance of the unconstitutional status quo and impeding AU and ECOWAS efforts.’
The expected outcome of the meeting is a communique. The PSC is expected to express its concern about the lack of progress towards the establishment of a transitional civilian authority and the restoration of constitutional order and the adverse impacts of this delay on the peace process in Mali and the effort to stabilize the country. The PSC may reiterate its strong rejection of the interference of the military in political affairs contrary to the 2000 Lomé Declaration on Unconstitutional Changes of Governments and the African Charter on Democracy, Elections and Governance and condemn the intransigence of the military junta and the delays for transferring power to a civilian transitional authority. Expressing its support for the efforts of ECOWAS, the PSC may also endorse the decision of the ECOWAS from its 15 September meeting in Accra on the necessity of transferring power to a civilian transitional authority paving the way for the restoration of constitutional order, which needs to be in accordance with the African Charter on Democracy, Elections and Governance. The PSC may also take further measures for adding pressure on the junta to facilitate, within the framework of ECOWAS decision and the rules of the various applicable AU norms, the speedy designation of the civilian authorities that will preside over the transitional period.
VTC Briefing on the situation in South Sudan
Amani Africa
Date | 15 September, 2020
Tomorrow (15 September 2020) the African Union (AU) Peace and Security Council (PSC) will hold a briefing session on the situation in South Sudan. This 944th session of the PSC is expected to consider the report of the Chairperson of the Commission on the latest situation in the country. The Special Representative of the Chairperson of the AU Commission for South Sudan, Joram Biswaro, is expected to introduce the report. It is also envisaged that the PSC receives update from the Office of the Legal Counsel regarding the request of the 917th session of the PSC for progress report on the process for the operationalization of the Hybrid Court.
The PSC will also receive the statements of the representative of South Sudan, the Interim Chairperson of the Revitalized-Joint Monitoring and Evaluation Commission, Sudan, as the Chair of the Intergovernmental Authority on Development (IGAD), and the representative of the UN.
The last time that PSC was briefed on South Sudan was in April 2020. The meeting is scheduled to take place via VTC.
It is exactly two years since the signing of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Therefore, this meeting will provide an opportunity to take stock of the progress made in the implementation of the peace agreement and the challenges that still persist since the last meeting of the PSC.
As noted during the last session, the agreement reached by the parties to form an inclusive transitional government has certainly rescued the country back from the brink. The announcement of the formation of the R-TGoNU with an inclusive new cabinet was very welcomed. This is essentially what has been considered as a progress. However, over the last couple of months since the formation of the R-TGoNU, the delays in fully operationalizing the governance structures and implementing the national security arrangements has been a source of major concern.
It has been noted that despite the formation of the R-TGoNU, the parties to the R-ARCSS were unable to agree on the distribution of responsibilities at the state and local government levels. As reported by R-JMEC, the resultant delay in the formation of state governments.
The Chairperson’s report is expected to highlight developments since the last session. In June, bilateral discussions between President Salva Kiir Mayardit and the First Vice President Dr Riek Machar resulted in some progress with the two sides agreeing for ITGoNU headed by the president to nominate governors to the states of Unity, Eastern Equatoria, Warrap, Northern Bahr el Ghazal, Central Equatoria and Lakes; The SPLM/A-IO for the states of Upper Nile, Western Bahr el Ghazal, and Western Equatoria; and SSOA for Jonglei state. Despite the issuance by President Kiir of Republican Decrees No. 51/2020 and 53/2020 naming eight of the ten governors and three Chief Administrators of the Administrative Areas respectively, four of the six parties comprising the Other Political Parties (OPP) continue to object to this agreement as being contrary to the terms of the R-ARCSS.
This delay in the formation of the state and local government leadership has impacted negatively on the formation of the Transitional National Legislature (TNL), comprising both the Transitional National Legislative Assembly (TNLA) and the Council of States (CoS). Thus, this key component of the transitional institutions has as yet to be established. The delay also contributed to a security vacuum in several states; evidenced by escalating inter-communal violence in the states of Warrap, Lakes, Unity and Jonglei. Countless numbers of individuals have been killed and others wounded in ongoing cattle rustling episodes and revenge attacks.
Another area of concern relates to the inadequate pace of progress in the implementation of the transitional security arrangements. Despite the PSC urging the parties to facilitate the ‘unification, training and integration of the various armed groups to enable deployment of the Unified Forces’, registration and screening, and detailed unification training have been suspended, and plans to complete graduation at all training centres within 30 days from 28 May 2020, followed by immediate redeployment of the NUF have not materialized. According to R-JMEC, high levels of the forces abandoning the cantonment sites and training centres due to severe food shortages, lack of medicines, and care facilities for the female personnel. The other area of immediate concern is the escalation of fighting, allegedly between the SSPDF/SPLA-IO and NAS with adverse effect on the protection of civilians.
The increase inter-communal violence coupled with the impact of the COVID-19 pandemic and the flood disaster has also been exacerbating the humanitarian situation in the country affecting the wellbeing of many South Sudanese people. There have been continued sexual and gender-based violence (SGBV) incidents, including rape and gang rape in some areas of the country. There has also been increasing reports of attacks against humanitarian workers, and a near-complete halt to the voluntary return of Internally Displaced Persons (IDPs), and refugees. Furthermore, the socio-economic situation has been extremely dire. It is in the face of all these challenges that the second anniversary of the peace agreement is being marked this month.
Two years after the signing of the peace agreement, the South Sudanese people are not yet experiencing the dividends of peace. Lack of political will and trust among the parties is a major obstacle for making any meaningful progress. It is absolutely imperative that they set aside their difference and work together in a spirit of collegiality for the sake of the South Sudanese people who have endured so much for far too long. It is in this spirit that they can accelerate the implementation of the peace agreement and resolve the remaining outstanding issues. It is also vital that the financial constraints impeding progress are addressed as highlighted in the communique of the 917th PSC session. But it is only if there is meaningful commitment and action on the part of the South Sudanese stakeholders that the international community will be able to provide the necessary support. The Troika in a statement issued on 12 September 2020 observed “South Sudan’s leaders have a real opportunity to deliver the foundation of a stable and prosperous nation for all, and to demonstrate their commitment to peace. We urge them to demonstrate this as a matter of urgency and will work with South Sudan to support progress”.
The briefing from the Legal Counsel is expected to provide update on the status of operationalization of the Hybrid Court. While the legal instruments necessary for the formation of the Hybrid Court including the MoU between the AU and South Sudan have been drafted, these have as yet to be finalized with the signing of the MoU. The delay in the establishment of the TLA also means that the legislation envisaged in the R-ARSSC has as yet to be initiated.
It would be of interest to members of the PSC to know whether the legal instruments prepared through the Legal Counsel have reflected the useful guidance from the AU Transitional Justice Policy adopted by the AU Assembly in February 2019. Additionally, it would also be of interest where the process stands with respect to the other components of the transitional justice Chapter of the R-ARCSS. As the June 2020 R-JMEC report to IGAD noted, ‘Consistent with Articles 5.1.4 and 5.1.5 of the R-ARCSS, the RTGoNU is expected to receive support from the UN, AU and the African Commission on Human and People’s Rights (ACPHR) in furtherance of the implementation of Chapter V of the R-ARCSS.’ It is worth noting that the ACHPR is undertaking work to deliver on this expectation pursuant to its Resolution 428 on the human rights situation in the Republic of South Sudan (ACHPR/Res.428(LXV)2019) which tasked the Country Rapporteur for South Sudan to engage with the AU Commission and the Government of South Sudan with proposals on the operationalization of Chapter V of the R-ARCSS.
The expected outcome of tomorrow’s meeting is a communique. The AUPSC may wish to welcome the progress made in the formation of the various components of the R-TGoNU including in resolving the issues surrounding the allocation and appointment of the leadership of state governments. The Council may express concern over the slow pace of progress in the implementation of the transitional security arrangements and the challenges observed since its last session including suspension of activities for unification, training and integration of various armed forces and incidents of fighting. The PSC may also reiterate its call for the parties to implement the establishment and operationalization of the expanded Transitional National Legislative Assembly (TNLA). The PSC may wish to call on the parties to demonstrate high levels of responsibility and urgency working together in a spirit of consensus and compromise to resolve all outstanding issues to complete the formation of the R-TGoNU in line with the peace agreement. With respect to the transitional justice chapter of the R-ARCSS, the PSC may welcome the engagement of the AU Commission to support the work towards the operationalization of the Hybrid Court and call on South Sudan to fully collaborate with the AU to address all challenges in the delivery of Chapter V of the peace agreement including with the contribution of the ACHPR and having regard to the useful guidance in the AU Transitional Justice Policy for finalizing the legal instruments and the MoU on the Hybrid Court.
Africa Amnesty Month
Amani Africa
Date | 03, September 2020
PSC session on africa amnesty month:implementation of the au theme of the year 2020: ‘silencing the guns: creating conducive conditions for africa’s development’ within the au flagship project on silencing the guns
Tomorrow (3 September) the African Union (AU) Peace and Security Council (PSC) is expected to hold its 943rd session. The session is expected to be partially open and will commemorate the Africa Amnesty Month with a focus on the implementation of the AU theme of the year 2020: ‘Silencing the Guns: Creating Conducive Conditions for Africa’s Development’ as part of the AU flagship project on Silencing the Guns.
Representatives of the five geographic regions of the AU, Regional Economic Communities (RECs) and Regional Mechanisms (RMs) as well as beneficiary member states of the joint AU and UN Office for Disarmament Affairs (UNODA) project, which are Burkina Faso, Cameroon, Central African Republic, Cote D’Ivoire, Democratic Republic of Congo, Ethiopia and Kenya are expected to participate.
The PSC Chair Ambassador Mohamed Idriss is expected to deliver the opening statement. The Commissioner for Peace and Security Smail Cergui and Commissioner for Political Affairs Minata Samate Cessouma and the representative of the UNODA are expected to deliver presentations. Others who are also expected to address the session are the Regional Centre on Small Arms (RECSA) and the African Centre for the Constructive Resolution of Disputes (ACCORD) are also scheduled to provide briefings.
Tomorrow’s session will be the fourth commemorative session since the 2017 Assembly decision Assembly/AU/Dec.645 (XXIX) declared the month of September each year until 2020 as “Africa Amnesty Month”. The session affords the opportunity to assess the efforts around surrender and collection of illicit weapons and in curbing the flow of illegal arms. It also aims at taking stocks of ongoing activities and challenges in realizing the objectives of the Amnesty Month.
One aspect of the tomorrow’s deliberation will focus on the joint AU and UNODA project implemented in the seven countries. The project was launched in March 2020 in Burkina Faso, the Democratic Republic of the Congo, the Central African Republic and Kenya, the reaming three countries namely Cameroon, Côte d’Ivoire and Ethiopia joined in July 2020.
Countries are expected to share their experiences, best practices and lessons learned in managing and controlling the flow of illicit arms and weapons. The countries represent various regions and are at various stages in peace and security as well as in terms of experiences in managing illicit flow of arms. The joint project implemented in the countries has four major activities planned for the year. The first activity is a campaign and media events to mobilize and sensitize people on the risks of illicit trafficking of small arms. In line with the AU decision and the purpose of the Amnesty month, governments do not prosecute or undertake punitive measures against individuals that voluntarily surrender illegal weapons during the month of September.
The second strand of the project aims at activities related to the collection and safe storage of illicit weapons. The third component aims at destroying the weapons and arms that been collected. The fourth element is community policing training workshops to law enforcement for increased security.
Apart from the national focal points on small arms control, RECSA is an implementing partner of the project, hence its intervention may further complement the statements that will be made by member states. The contributions from the various stakeholders is also expected to feature in the report of the PSC on Silencing the Guns that will be submitted to the AU Assembly.
In addition to the experience sharing from national institutions, the discussion will also benefit from the intervention of RECs and RMs. The proliferation and flow of illicit arms is trans-boundary in nature and particularly in countries with limited border control it can be a serious security threat that stretches over multiple countries or even regions. Hence the response requires a regional strategy and concerted efforts among member states. In this regard, it is of interest for PSC members to explore how to further enhance and reinforce their coordination at national, regional and continental levels in order to control and monitor the use and movement of arms in the Continent.
UNODA’s presentation may broadly shed light on planned activities for the year in the various countries. It may also highlight on the role of youth in realizing the activities under the Amnesty month. In fact, one of the campaigns targeting the youth is the “Your Voice Matters – What is your Slogan for the Africa Amnesty Month” contest that is open to any young person from the six participating countries (with the exception of Ethiopia). The winning slogan will be used in the nation-wide campaign for the Amnesty month.
The AU through its Youth Envoy has also launched a campaign in July 2020 to provide a platform to mobilize and advance the role of the youth in the realization of the Silencing the Guns agenda. It will also be important in linking such kinds of continental initiatives with national projects that are currently being undertaken in the seven countries. Tomorrow’s commemoration of the Amnesty month is taking place in the context of the ongoing COVID19 pandemic. The various presentations and interventions may also highlight the impact of the pandemic on the surrender and collection processes of the illicit weapons.
The extent to which the overstretched capacity and resources of member states can effectively undertake disarmaments efforts is one of the key challenges that might be raised by participants. A recent study by UNODA demonstrated the possible impact of the pandemic on the collection and analysis of data on diversion risks; national ammunition management-related programming; and on international assistance, cooperation, and funding initiatives.
It is known from the experience in various parts of the continent the lack or weakening monopoly of use of force by the state particularly in countries affected by violence leads to the emergence of reliance by individuals and communities on self-organized security provision. Accordingly, effective implementation of the collection and voluntary surrender of arms requires that states implement measures including the boosting of state-based provision of security services.
It is to be recalled that at the margins of the 2019 Amnesty month PSC session, the AU launched a steering committee on security sector reform (SSR). It may be of interest for PSC members to follow up on this mechanism and on its work over the past year. The expected outcome is a statement. The PSC may reiterate its previous decisions for Member States and RECs/Regional Mechanisms to submit reports to Council, through the AUC, on the actions taken in implementing the Africa Amnesty Month. The PSC may also underscore the necessity of monitoring and reporting on the movement of arms within the various regions and across the continent. It may call on the AU Commission to establish in collaboration with RECs and the UN a mechanism for monitoring, reporting on and addressing the illicit flow into Africa and movement within Africa of illicit weapons and arms that have made intercommunal conflicts in places such as the Sahel most destructive and deadly.
In terms of enhancing national capacity, the PSC may call on member states to put in place legislation on the ownership and possession of arms as well as safe keeping of armaments and ammunition depots and develop strategy for enhancing the provision of security services and peaceful conflict resolution mechanisms so that members of the public do not feel the need to resort to acquiring and using arms for defending themselves. The PSC may also welcome the mobilization of the youth in Africa in pursuit of the fight against illicit possession, circulation and use of illegal arms and weapons. Given that Amnesty month requires the
contribution of various sectors of society, it may also call for strengthened coordination not only at national,
regional, continental and international levels but also across the AU system and with various sectors of the African public including most notably civil society organizations and the media.