MONTHLY DIGEST ON THE AFRICAN UNION PEACE AND SECURITY COUNCIL - APRIL 2022

MONTHLY DIGEST ON THE AFRICAN UNION PEACE AND SECURITY COUNCIL - APRIL 2022

Date | April 2022

The term of the new 15 members of the African Union (AU) Peace and Security Council (PSC) that were newly elected and re-elected in February 2022 commenced on 1 April, with Burundi assuming the chairing of the PSC for the month. In total, eight sessions were convened during the month. Out of these, three had country/region specific focus while four addressed thematic issues. The remaining one session was committed to the consideration and adoption of two key documents by the Council – the Report of PSC Induction Programme and the Accra Declaration. All sessions were held at the level of permanent representatives.

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Briefing on Mine Action

Amani Africa

Date | 1 April 2022

Today (1 April), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1072nd session to receive a briefing on mine action in Africa. The session will be held in person. This will be the first in person PSC session since the Council made a decision in March 2020 to hold all its meetings virtually due to COVID19 restrictions on physical meetings.

It is envisaged that following the opening remarks of the PSC Chairperson of the month and Permanent Representative of Burundi to the AU, Willy Nyamitwe, the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, will make a statement. It is also expected that the representatives of the United Nations Office to the AU (UNOAU), the European Union (EU) and the International Committee of the Red Cross (ICRC) will deliver their statements.

The session is taking place at the margins of the International Day for Mine Awareness and Assistance in Mine Action which is observed on 4 April. The session is expected to shed light on the impact of anti-personnel landmines and underscore the importance of upholding various regional and international normative frameworks towards enhancing mine action and for member states to achieve complete clearance from anti-personnel mines. While the majority of Africa countries are state party to the Anti-Personnel Mine Action Convention, according to the concept note circulated for the session ‘16 AU member states are suspected to be contaminated and/or affected directly by anti-personnel mines.’ And 12 AU member states are yet to identify and destroy anti-personnel mines. This also illustrates the gap in norm implementation and the importance of bridging this gap through concerted and collective action as well as global partnership.

To further promote and advance the Convention various instruments have been adopted including the Declaration of States parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (Maputo Declaration). Maputo Declaration has been instrumental in mobilizing commitments among member states on the implementation of time-bound obligation of the destruction of all stockpiled anti-personnel mines by the year 2025. In addition, in line with the five-year Oslo Action Plan adopted in 2019 state parties to the convention committed to design national responses that accommodate the diverse needs and experiences of people in affected communities. Hence, tomorrow’s session presents an opportunity to reflect around the challenges, prospects and risks in relation to compliance and implementation, particularly as the deadline provided in the Maputo declaration is fast approaching.

Indeed, to support member states in meeting the set deadline, the 1032nd PSC session held on 16 September 2021 has requested the AUC to convene an experience sharing and lesson learning session in mine action. It would be of interest to PSC members to request an update around the session. Such forum will also be important to design long term plans for countries affected armed conflict and those in post-conflict situations as well. Anti-personnel land mines have long term effects and continue to kill and injure people even after cessation of hostilities by warring parties. It is thus imperative for countries to develop comprehensive plans for the various stages of conflict situations.

In the same session the PSC had expressed concern over threats related to anti-personnel land mines particularly in relation to the effects of COVID19 on mine action. It has further requested the AUC to integrate mine action into the AU Master Roadmap of Practical Steps to Silencing the Guns in Africa by 2030 and to finalize the Draft AU Improvised Explosive Devices (IED) Mitigation Strategy and submit for Council’s consideration. In this context the AUC may provide update on these processes.

Similarly, it is to be recalled that the 837th PSC session recognizing the risks associated with IED and their devastating impact on civilians, called on ‘Member States to prevent and counter the use of Improvised Explosive Devices (IED) through integrated and coherent approaches including helping one another, and demand the Commission to continue consultations with Member States to develop the necessary framework in this regard’.

In this regard, the session may highlight the use of IEDs and their serious impact on civilian population. More particularly with the increased level of urbanization coupled with the rise of conflicts in cities, various types of explosive weapons are being used by belligerent parties. The UN Secretary General Report of August 2021 highlighted the complexities around the increased urbanization of conflicts and the catastrophic impact of the use of explosive weapons in populated areas. The causalities in these settings are particularly high given population density. According to the report when explosive weapons were used in populated areas, 88% of those killed and injured were civilians, compared with 16% when used in other areas. This is a concerning trend that presenters may highlight given the nature and dynamics of current conflicts.

Another area that is expected to be underscored at the session is the importance of strengthened effort in mine action in humanitarian settings. Explosive ordnance continues to spark complex humanitarian emergencies and high rate of displacement. Population fleeing violence and armed conflict have also been confronted with further danger and risks associated with explosive weapons. Anti-personnel mines have also been a major hindrance for the delivery of life saving assistance and humanitarian action. In this respect ICRC’s intervention is expected to highlight the humanitarian aspect and the effects of weapon contamination on civilian population in armed conflict.

The expected outcome is a communique. The PSC may express concern over the continuing threat of anti-personnel mine and the devastating effects of its use despite the strides made my member states. It may call on member states, in close collaboration and coordination with the AU and Regional Economic Communities/Regional Mechanisms (RECs/RMs) to enhance and revitalize national response to realize the goal set in Maputo Declaration as well as the Oslo Action Plan. The PSC may urge countries that are yet to remove anti-personnel mines in their territories to do so rapidly and to ensure timely reporting on the clearance and demining activities. It may call on for strengthened international partnership to support the complete clearance of AU member states from anti-personnel mine. The PSC may reiterate its previous call for the AUC to convene an exchange forum around mine action and to expedite the finalization of the Draft AU Improvised Explosive Devices (IED) Mitigation Strategy.


Briefing by African Commission on Nuclear Energy (AFCONE) on the implementation of Pelindaba Treaty

Amani Africa

Date | 31 March 2022

Tomorrow (31 March), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1071st session to receive a briefing by the African Commission on Nuclear Energy (AFCONE) on the implementation of the Pelindaba Treaty.

Permanent Representative of Lesotho to the AU and the Chairperson of the PSC for the month of March, Mafa M. Sejanamane, is expected to make an opening remark. AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is also scheduled to make presentation. A briefing by the representative of AFCONE will follow the presentation. The representatives of the United Nations Office to the African Union (UNOAU), the International Atomic Energy Agency (IAEA), and the International Committee of Red Cross (ICRC) are also expected to deliver their remarks.

This session is convened within the context of PSC’s request of the AU Commission and the AFCONE, at its 763rd meeting held on 10 April 2018, to annually brief the Council on the ‘status of the implementation of the Pelindaba Treaty and the activities of AFCONE’. The last time Council considered the Treaty was during its 837th session that took place on 4 April 2019 while addressing the broader theme of ‘international disarmament’ with a focus on Anti-Personnel Mine Ban Convention (APMBC) and the Treaty on the Prohibition of Nuclear Weapons (TPNW).

Tomorrow’s session takes place at a critical time given the current global crisis and the mounting tension between powers that possess nuclear weapons. Even before the outbreak of the war, the global nuclear dynamics has worsened in recent years as global powers arms race has intensified. At its 763rd session, the PSC also noted the ‘slow pace of nuclear disarmament and the rising tensions among nuclear-weapon possessor states’ and its impact in undermining confidence over the Non-Proliferation of Nuclear Weapons Treaty (NPT). Coming within this global context, members of the Council may reflect on how the Pelindaba Treaty could contribute in advancing global nuclear disarmament and non-proliferation agenda, thereby promote international peace and security.

It is to be recalled that the African Nuclear-Weapon-Free Zone Treaty Treaty—commonly referred to as the Pelindaba Treaty which is named after South Africa’s central nuclear research complex—is one of the five Treaties on regional Nuclear-Weapons Free-Zones that came within the broader context of global initiative to strengthen the global nuclear disarmament and non-proliferation norms. The main objective of this Treaty is to enhance peace and security through the prohibition of the possession and stationing of nuclear weapons across the continent while it encourages the peaceful use of nuclear science and technology. The Treaty was opened for signature in Cairo on 11 April 1996 and entered into force on 15 July 2009 after the deposit of 28th instrument of ratification by Burundi. Three other protocols are also attached to the Treaty to ensure respect of the Treaty by non-African states, notably the Nuclear-Weapon States (NWS).

One of the challenges towards the full implementation of the Treaty likely to be raised in tomorrow’s session is that considerable number of Member States are not still state parties to the Pelindaba Treaty. According to an information note prepared for the session, 11 African countries, namely Central African Republic, Djibouti, Egypt, Eritrea, Liberia, Morocco, Sierra Leone, Somalia, Sao Tome and Principe, Sudan and Uganda, are not party to the Treaty. South Sudan is yet to accede to the Treaty. The rest 43 African countries have become state parties to the Treaty.

Another issue likely to be highlighted in tomorrow’s session is the synergy and complementarity between the Pelindaba Treaty and other international disarmament and non-proliferation regime most notably the Non-Proliferation of Nuclear Weapons (NPT), the Treaty on Prohibition of Nuclear Weapons (TPNW), as well as the Comprehensive Test Ban Treaty (CTBT). ICRC’s statement is likely to focus on this issue. As State Parties to some of the treaties that form disarmament and non-proliferation regime will convene during second and third quarters of the year (5th Conference of State Parties to the Pelindaba Treaty in April; 1st Meeting of the State Parties to the TPNW in July; and 10th Review Conference of the NPT in August), this session is an opportune moment to remind Member States to join these instruments.

The other aspect that AFCONE’s briefing may highlight is the use of nuclear science and technology for peaceful purposes including power generation, human health, agriculture, industrial uses and scientific research. The Pelindaba Treaty encourages such peaceful use of nuclear power, but under strict non-proliferation measures. The Council, during its 763rd session also affirmed the ‘inalienable right of all parties to apply chemical, biological and nuclear science and technology for peaceful civilian purposes’. In this regard, nuclear energy is particularly important in Africa where more than 640 million of its 1.2 billion population have no access to electricity and electricity access rate stands just over 40 percent, the lowest in the world, according to African Development Bank report. Addressing this deficit in the continent may require the inclusion of nuclear power as an alternative source of energy.

Given that nuclear power is regarded as clean, reliable and cost-effective source of energy, it is considered to be an attractive option for Africa in its effort to tackle the twin challenges of energy poverty and climate change. It also plays critical role in realizing the developmental aspirations enshrined under Agenda 2063 and UN’s Sustainable Development Goals (SDGs), which in turn enhance the peace and stability of the continent. Despite the enormous benefit that nuclear energy offers, it is only South Africa that has been able to harness the potential through its Koeberg nuclear power plant. Promoting the use of nuclear energy in Africa therefore leaves a lot to be desired.

It is also imperative for Africa to take a more coordinated approach that would strengthen nuclear infrastructure and enhance nuclear expertise and knowledge. In this respect relevant international and regional bodies such as the AFCONE, the African Regional Cooperative Agreement for Research, Development and Training related to Nuclear Science and Technology (AFRA), and IAEA play critical role in providing the required technical support particularly in the areas of developing regulatory frameworks and the human resources, as well as nuclear research and training activities. In its briefing, AFCONE is expected to highlight the activities undertaken in this regard and the challenges faced.

Although key milestones have been achieved paving the way for AFCONE Secretariat to function fully, limited finance has become a major challenge affecting the effectiveness of the institution in discharging its envisaged mandate. This was flagged up by the AFCONE Vice Chairperson, Hadjaro Adam Senoussi, where he stated that ‘significant operationalization of the Secretariat AFCONE, which is critical for the Treaty of Pelindaba to achieve its objective, has not progressed with required speed and efficiency for the reasons explained in the AFCONE reports, particularly the critical budget issue’. The Vice Chairperson further asserted that without the ‘urgent integration of the AFCONE to the AU Institutional Reform Process’ and the ‘designation of a Permanent Executive Secretary and facilitate the appropriate staffing of the Secretariat’, AFCONE cannot sustain its function.

The expected outcome of tomorrow’s session is a communiqué. Among others, Council is expected to express its concern over the nuclear escalation and may call upon all parties not to undermine the objectives and spirit of disarmament and non-proliferation regime. Council may stress the complementarity between the Pelindaba Treaty and the Comprehensive Test Ban Treaty (CTBT), the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and the Treaty on the Prohibition of Nuclear Weapons (TPNW) their relevancy to the African Peace and Security Architecture. The Council may further encourage Member States to participate in the upcoming meetings of State Parties to Pelindaba Treaty, NPT and TPNW, and urge them to join the Treaties. Regarding the use of nuclear science and technology for peaceful purposes, Council may encourage Member States to include nuclear power as an option of energy source and fully harness its benefits. Council may re-emphasize the need for the speedy operationalization of AFCONE Secretariat based in South Africa, given its role in the implementation of the Pelindaba Treaty and the promotion of the peaceful application of nuclear science and technology. In this respect, the Council may particularly call on State Parties to the Treaty to fulfil their financial obligations to address the budget challenge.


Consideration of Policies on Child Protection in AU PSOs and Mainstreaming Child Protection in APSA

Amani Africa

Date | 29 March 2022

Tomorrow (29 March 2022) the African Union (AU) Peace Security Council (PSC) is expected to convene its 1070th session to consider two policies aimed at ensuring protection of children affected by armed conflicts – the draft policy on child protection in AU Peace Support Operations (PSOs) and the draft policy on mainstreaming child protection in the African peace and Security Architecture (APSA).

Following opening remarks by Mafa M. Sejanamane, Permanent Representative of Lesotho to the AU and the Chairperson of the PSC for the month of March, Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security (PAPS), is expected to make a statement. Cessouma Minata Samate, Commissioner of Health, Humanitarian Affairs and Social Development (HHS) is also expected to make remarks. Other expected participants include representatives of AU Member States, Regional Economic Communities and Regional Mechanisms (RECs/RMs) and invited members of the international community and partners represented in Addis Ababa, Ethiopia.

Tomorrow’s session forms part of Council’s annual agenda item on the theme of protection of children affected by armed conflicts (CAAC). While Council has been addressing the issue of children affected by conflict and crises situations since 2010, CAAC was institutionalised and regularised within Council’s agenda following the decision of its 420th session held in 2014, where Council undertook to dedicate annual sessions on the theme.

It is to be recalled that at its 994th session on CAAC, Council requested the AU Commission to “institutionalize a child protection architecture within the Africa Peace and Security Architecture (APSA) and develop a policy aimed at mainstreaming child protection in all phases of intervention from conflict prevention and mediation to conflict management”. Tomorrow’s session is expected to be a follow up of this decision and an opportunity for Council to be updated on the status of the draft policy on child protection in AU PSOs and the draft policy on mainstreaming child protection in APSA.

The policy on mainstreaming child protection in APSA is drafted with the main purpose of outlining the process through which child protection should be integrated into the various policies, procedures and practices of APSA Pillars and how it should be implemented throughout all areas of APSA, from conflict prevention, to management and resolution and post-conflict recovery and reconstruction. The policy was drafted as part of efforts geared towards the development of a child protection architecture within APSA, in line with Assembly/AU/Dec.718(XXXII). The Assembly, at its 32nd Ordinary Session, mandated the AU Commission to “develop a child protection architecture for the Continent as a sub-aspect of APSA, to be considered and adopted by the PSC”. The Assembly’s decision was informed by and represented endorsement of the PSC’s recommendation at its 706th session, for the establishment of a child protection architecture within the AU Commission. The establishment of such architecture is mainly aimed at enhancing coordination and complementarity between various normative frameworks, institutions and mechanisms of the AU which are relevant for protecting and promoting the rights and welfare of children in situations of armed conflicts.

The drafting of the policy on child protection in AU PSOs was initiated upon the request of the AU Assembly at its 33rd Ordinary Session, for the AU Commission to “develop a comprehensive policy on child protection in AU peace support operations” (Assembly/AU/Dec.753(XXXIII)). The Assembly’s request for the development of a policy tailored specifically to AU PSOs was aimed at addressing the existing lack of guiding rules and principles for PSOs, in their interactions with children they encounter under various circumstances in situations of armed conflicts. Such encounters may vary from confrontations with child soldiers to coming across unaccompanied minors or children victimised by sexual abuse. The central purpose of the policy on child protection in AU PSOs is therefore to ensure that AU PSOs are trained and capacitated both pre-deployment and in-mission, on how to contribute to the prevention, response and remedy of violations against the rights and wellbeing of children in conflict situations. To that end, the policy is guided by regional and international human rights and humanitarian law standards on the protection of children at times of armed conflicts.

Through its multiple sessions convened over the years on the CAAC theme, the PSC has contributed significantly for the development of these two important policies. Mainly, the Council has played a critical role in identifying the need for such policies by drawing attention at its various sessions, to the areas of AU’s peace and security efforts which require to adopt approaches that take into consideration the specific needs of children in conflict settings. For instance, at its 491st session convened on 9 March 2015, the PSC stressed the need for both pre-deployment and in-mission trainings for AU PSO personnel, on prevention and combating of sexual exploitation and abuse of children in conflict situations. At its 757th session held on 13 March 2018 Council further pointed out the importance of ensuring that protection of children is addressed systematically throughout the “design and mandate implementation stages of AU PSOs”. It further emphasised at that session, the need of mainstreaming the wellbeing of children into relevant components of AU peacekeeping policies, strategies, training and briefing programmes.

Once adopted, both policies are intended to require mandatory compliance. This would be essential to ensure that all personnel of AU authorised, mandated or endorsed PSOs and those deployed within regional arrangements of the various RECs/RMs, as well as policy and decision makers within the structure of APSA are well sensitised, trained and capacitated to carefully assess and take into account, the specific circumstances of children in conflict situations while discharging their various duties. By doing so, the two policies will not only ensure the protection of the rights and welfare of children affected by conflicts, but also contribute to building sustainable and intergenerational peace and security on the continent.

The expected outcome of tomorrow’s session is a communique. The PSC is expected to consider and reflect on the adoption of the two instruments. Council is expected to commend the AU Commission for collaborating with relevant stakeholders in the development of the policies. In addition to discussing the two policies on child protection, Council may also follow up on the status of implementation of some of the other key decisions of its 994th session, including its call for the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to work towards establishing a “child protection situation room” which would allow timely and coordinated response to the plight of children in conflict settings. It may reiterate its call for the Chairperson of the AU Commission to appoint a Special Envoy on Children, Peace and Security. Council may also welcome the formation of the Africa Platform on Children Affected by Armed Conflicts (AP-CAAC) and commend the AU Commission for setting up this mechanism which is intended to strengthen advocacy and development of policies aimed at addressing the plight of children in conflict situations. It may also urge member States to sign, ratify and implement regional and international instruments relevant for the protection of children both in peace time and during armed conflicts.


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