Briefing by the President of ICRC on the humanitarian situation in Africa in th e context of Silencing the Guns
Amani Africa
Date | 16 January, 2020
Tomorrow (16 January) the African Union (AU) Peace and Security Council (PSC) will convene its 904th session to receive a briefing on the humanitarian situation in Africa in the context of Silencing the Guns. The President of the International Committee of the Red Cross, Peter Maurer, is expected to present the briefing. The Department of Peace and Security will also make a statement.
The briefing and the accompanying exchange with the ICRC is one of the thematic agendas of the PSC that usually takes place on an annual basis. The first such briefing by the ICRC took place on 9 November 2007 at the 99th session of the PSC. Since then, the PSC held more than half a dozen of such briefing sessions with the ICRC. Focusing on challenges related to humanitarian aspects of crisis and conflict situations on the continent, over the years the briefing addressed a number of issues relating to specific conflict situations and thematic issues including compliance with international humanitarian law in AU peace support operations, protection of civilians and humanitarian access.
This year’s briefing coincides with the 2020 thematic focus of the AU dedicated to Silencing the Guns in Africa. The first segment of the briefing is accordingly expected to address issues pertaining to this year’s thematic focus on silencing the guns. It is expected in this regard that Maurer would draw the attention of the PSC to the central role of political solutions to conflicts in the quest for silencing the guns in Africa. This underscores the primacy of the political for AU’s agenda for silencing the guns. Related to this, the briefing is also expected to emphasize that respect for and ensuring observance of international humanitarian law constitute the basis of the strategy for silencing the guns in Africa.
This centrality of respect for human rights, the sanctity of human life and international humanitarian law for peace and security unequivocally enshrined in the PSC Protocol and forms part of the core mandate of the PSC. Under Article 3 (f) of the PSC Protocol, one of the objectives of the PSC is to promote and encourage ‘respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts.’ Similarly, within the context of its conflict prevention mandate, the PSC is vested with the power of following up the progress towards respect for the sanctity of human life and international humanitarian law by Member States under Article 7(1)(m).
Another issue that the briefing would address in the context of silencing the guns is weapons control and disarmament as well as strengthening compliance frameworks in peace support operations. It is expected in this respect that Maurer would applaud the critical role of African states in the Arms Trade Treaty and in the effort for non-proliferation. Also expected to be highlighted is the efforts for controlling illicit flow of small arms and light weapons as a major area of intervention in the AU Master Roadmap for Silencing the Guns.
More broadly, the briefing will also highlight the progress made in developing AU’s compliance framework for African peace operations. It is to be recalled that as part of the development of the AU human rights, humanitarian law and conduct and discipline compliance and accountability framework, the PSC during its 813th session on 29 November 2018 adopted the AU Policy on Conduct and Discipline and the AU Policy on Prevention and Response to Sexual Exploitation and Abuse for PSOs. There remain questions most notably on the role and responsibility of the AU for ensuring respect for the compliance framework in the context in particular of the ad hoc military coalition operations authorized by the AU such as the MNJTF or G5 Sahel Joint Force.
In this context, consideration could be made to the need for consolidation of all the various compliance instruments into an integrated and comprehensive HR, IHL and Conduct and Discipline Compliance and Accountability framework for AU PSOs with provisions on responsibility in cases of ad hoc coalition. This has been proposed by the 2018 report of the Comprehensive Assessment of AU Mandated and Authorized Peace Support Operations Human Rights and Humanitarian Law Compliance and Conduct and Discipline Approaches undertaken by PSOD in collaboration with the African Commission on Human and Peoples’ Rights.
On the humanitarian dimension of conflicts and crisis, it is expected that the briefing will highlight the humanitarian-peace-development nexus, reaffirming and drawing attention to the necessity to reinforce the interplay between the development, peace and security and humanitarian actors in meeting the protection and assistance needs of affected populations. As a follow up to his field visits to IDP and refugee camps in Ethiopia, Maurer is expected to inform the PSC about the effect of the combination of climate change, conflict and violence in forcing people to flee their homes to become IDPs and refugees.
In this context, it is also of particular interest for the PSC how conflicts and climate induced environmental conditions and grave whether events reinforce each other and have come to have devastating consequences in the Horn of Africa and the Sahel regions. Given that countries in these regions also host large number of IDPs and refugees, the need for the international community to assume its full responsibility by sharing the burden of host countries is also expected to be highlighted.
The briefing is also expected to reiterate the critical importance of humanitarian access and the need for the PSC and the AU in general to work on facilitating humanitarian access, as part of the mandate on humanitarian effects of crisis and conflict. This requires that the nature and scale of the humanitarian impact of crises and conflicts are adequately factored in when considering and initiating responses to such crises or conflicts.
The other theme expected to feature during this briefing concern the plight of migrants in Africa. Some of the issues the briefing will identify include the disappearance of migrants, the treatment of migrants in detention centres and the rise in the number of migrants in detention in various African countries. Given the requests that ICRC receives from families for tracing their family members that went missing while migrating, the briefing will emphasize the need for documentation and exchange of information.
The briefing is convened on the basis of the normative commitments made under the AU Constitutive Act and the provisions laid down in the PSC Protocol. Under Article 4(o) & (m) of the Constitutive Act, member states have made a legal commitment to respect for the sanctity of human life and observance of international humanitarian law. Article 4(c) of the PSC Protocol stipulates that one of the principles by which the PSC is to be guided is respect for the rule of law, fundamental human rights and freedoms, the sanctity of human life and international humanitarian law. Beyond the normative commitment, the legal basis for this briefing is to be found in Article 17 of the PSC Protocol, which mandates the PSC to establish working relationships and invite international organizations to address the PSC on issues of common interest.
The ICRC has similar engagements with the United Nations Security Council (UNSC). Accordingly, it briefs the UNSC in relation to, among others, the latter’s thematic agenda on the promotion of and strengthening of the rule of law in the maintenance of peace and security. Most recently, Maurer briefed the UNSC on 13 August 2019 emphasizing that continued violations of humanitarian law do not mean the law is inadequate, but rather that efforts to ensure respect are inadequate. Urging states to be vigilant, he called on them to observe their legal obligations and take practical steps for thorough implementation of the law.
The expected outcome of the session is a press statement.
Briefing on the Security Situation in the Great Lakes Region
Amani Africa
Date | 10 January, 2020
Tomorrow (10 January) the African Union (AU) Peace and Security Council (PSC) will convene its 902nd session to receive a briefing on the security situation in the Great Lakes region. Smail Chergui Commissioner of Peace and Security and Basile Ikouebe the AU Special representatives for the Great Lakes Region may brief the Council. Representatives Southern Africa Development Community (SADC) and the International Conference on the Great Lakes Region (ICGLR) may also participate to make statement in the partially open segment of the session.
One of the key issues that will be considered in tomorrow’s session is the implementation of the Peace and Security Cooperation Framework (PSCF) signed on 24 February 2013 by DRC, Angola, Republic of Congo, South Africa, Tanzania, Uganda, Central African Republic, Burundi, Rwanda, South Sudan and Zambia. Moreover, the AUC, United Nations (UN), (SADC) and (ICGLR) also signed the agreement as witnesses/guarantors.
At its 488th session the PSC has requested the AU Commission Chairperson to take the necessary steps to enhance the capacity of the AU Office for the Great Lakes Region, in order to enable the AU to further contribute to the implementation process of the PSC Framework and to support more effectively the efforts of the countries of the region. Accordingly, the Council made a decision to broaden the mandate of the Office, to also monitor the overall situation in the region and to support the implementation process of the various aspects of the PSC Framework.
Towards accelerating the implementation of the agreement, the PSC also decided to undertake a visit in the region and tasked the AUC Chair to submit quarterly reports on the development in the Great Lakes Region and on follow-up of the implementation of relevant decisions. Although this regular briefing has not taken place, tomorrow’s session may provide an opportunity to assess the status of the agreement and the political and security developments in the region.
It is to be recalled that on 27 February 2018 a high-level meeting was held marking the fifth anniversary of the signing of the PSCF, which among others reflected on the progress made and the challenges encountered. The outcome of the meeting identified the various security threats including political and electoral crisis and the activities of armed groups operating in the countries of the region by paying particular attention to South Sudan, CAR, DRC and Burundi. The meeting particularly highlighted the importance of neutralizing the negative forces in eastern DRC and complete the repatriation of foreign disarmed fighters.
Although some of the security and political challenges persist, positive developments were also witnessed. The peaceful transfer of power in the Democratic Republic of the Congo, President Tshisekedi’s encouraging outreach to his peers and a renewed commitment to regional cooperation and integration, notably by Angola, the Democratic Republic of the Congo, Rwanda and Uganda have raised hopes for enhanced regional cooperation.
Other encouraging, albeit fragile developments include the signing of the peace agreement in CAR and the agreement reached among South Sudanese parties to implement the key pre-transitional tasks relating to security arrangements and number of states.
The sustainability and implementation of the peace process in CAR may be one of the issues, which the PSC may consider in tomorrow’s briefing. Particularly the PSC may look into the violations of the provisions of the 6 February agreement singed by the government and 14 armed groups which compromises the gains made so far and may discuss on ways to enhance the political commitment of signatories and to deter the risk of lapse to another cycle of conflict.
Similarly, on South Sudan, the PSC may be briefed on the process leading up to the formation of the transitional government. It may be recalled that after the extension of the pre-transitional period for additional 100 days after the set deadline on November 12, President Salva Kiir and Riek Machar have committed to work for resolving the major issues concerning security arrangements and number of states.
Burundi was not on the agenda of the PSC in 2019. President Pierre Nkurunziza has announced that he will not run for a fourth term in the elections slated for this year. The session may discuss a number of political developments. These most notably include the election in 2020, issues related to participation, the role of the AU human rights monitors and military observers and respect for human rights in the country.
DRC remains a critical actor in the region and for the success of the PSCF’s objectives. There are a number of issues, which the PSC is expected to consider on the situation in DRC and the implication it has on the wider region. The activity of the armed groups in the eastern part of the country remains a threat, which also heavily affects neighbouring countries and border security. The groups that operate in this region and continue to pose security challenges include the Allied Democratic Forces (ADF), Democratic Forces for the Liberation of Rwanda (FDLR) and the Résistance pour un État de droit au Burundi. Particularly the violence related to access to natural resources by various groups continues to complicate the security situation in the country. In this regard the PSC may also recall the session it held on 13 December 2019, which addressed the Bamako Declaration on Access to Natural Resources and Conflicts between Communities.
Another key development is the outbreak of the Ebola virus in the most insecure part of the country. The instability and deliberate targeting of the health workers and facilities in the area has severely affected the lifesaving emergency operations. The PSC itself at its 862nd session has authorized the immediate deployment of an AU Mission Against Ebola in DRC (MAEC) to the DRC to support the effort of combating the epidemic. Tomorrow’s session may also follow up on this decision and the steps taken in deploying the mission.
Another issue that may feature is the health of inter-state relations in the region, which is one of the major factors for the peace and security challenges facing the region. It is to be recalled that in August 2019, the PSC was briefed by Angola on the signing of a Memorandum of Understanding between Rwanda and Uganda, in Luanda. In addition to the bilateral cooperation in the region, the PSC may also discuss on the cross-border illegal activities that affect multiple countries and that continue to hamper regional cooperation and the effective implementation of the framework agreement.
In addition to assessing the developments, it may also be of interest to the PSC to receive update on the outcome of the meetings held by various implementation mechanisms of the framework. Primarily the Regional Oversight Mechanism, the highest oversight body under the Framework agreement which meets annually at heads of state and government level to review progress in the implementation of the agreement. The PSC may also receive a briefing on the outcomes of the ministerial meeting of the Guarantors of the framework, which held its sixth session in February 2019. The meeting assessed the security and developments in the region particularly issues related to neutralization of negative forces, strengthening cooperation among countries in the region and the political developments unfolding in the various countries.
On 3 October 2019 the UN Secretary-General’s Special Envoy for the Great Lakes Region Huang Xia briefed the UN Security Council on the latest report on the implementation of the PSCF, which also provided security, political and humanitarian updates. The report of the Special Envoy called for dialogue and cooperation in order to curtail the threat posed by foreign armed groups and the illicit exploitation and trade of natural resources. The report also underlined the need for further efforts towards exercising of basic political freedoms and human rights in the region.
The expected outcome of the session is unknown during the production of this ‘Insight on the PSC’. However, in the outcome document, the PSC may welcome the positive developments that took place in the region and urge member states to enhance their efforts towards implementing the PSCF to ensure stability in the region. The PSC may also underline the importance of political commitment and the strengthening democratic institutions for the effectiveness and sustainability of peace agreements and other political endeavours. The PSC may underline the importance of cooperation among the countries in the region as well as coordination between the multiple RECs, which are present in the region including SADC, ICGLR and East African Community.
Provisional program of work for the month of January 2020
Amani Africa
Date | January 2020
Burundi assumes the role of the monthly chairpersonship of the African Union (AU) Peace and Security Council (PSC) for the month of January. The provisional program of work includes some five substantive sessions, including four country and region specific sessions and a high level seminar on peace and security in Africa. The committee of experts is also expected to meet regularly to consider the draft report on the Activities of the PSC and the State of Peace and Security in Africa and the draft report on the Implementation of the AU Master Roadmap on Silencing the Guns in Africa by the Year 2020.
The PSC will hold the first session of 2020 on 9 January to consider and adopt the draft provisional programme of work of the PSC for February 2020 and to continue its preparation for the annual High Level Seminar on Peace and Security in Africa taking place in Gabon, during the same month.
The following day, on 10 January the PSC will receive a briefing on the security situation in the Great Lakes Region. This is an agenda included in the program on the initiative of the Chairperson of the Month. On the same day the committee of experts will hold a preparatory session to consider the draft report on the Activities of the PSC and the State of Peace and Security in Africa and the draft report on the Implementation of the AU Master Roadmap on Silencing the Guns in Africa by the Year 2020.
From 13‐15 January the PSC will hold its annual High Level Seminar on Peace and Security in Africa with the A3 (African members in the UNSC) in Libreville, Gabon. In the light of the difficulties faced in coordination between the PSC and the A3 and the differences that emerged on the draft resolution on the financing of peace and security in Africa from UN assessed contributions, this seminar presents an opportunity for reviewing current approaches to coordination and share perspectives for achieving shared position on how to proceed with respect to the draft resolution.
On 17 January, the Committee of Experts will resume its preparatory work on the two draft reports that will be presented to the Assembly in February 2020. The Committee will also consider the draft indicative annual programme of activities of the PSC for the year 2020.
On 20 January, the PSC is scheduled to consider two agenda items. The first is the situation in South Sudan. The last time the PSC received a briefing on South Sudan was in November 2019 during the extension of the pre‐ transitional period to 100 days. This session presents the PSC an opportunity to assess what progress, if any, the parties made to finalize the pre‐transitional period tasks and consider next steps.
The second agenda item is the briefing on the situation in Guinea Bissau. The PSC received a briefing on the situation few days prior to the 24 November presidential election in the country. The country went for a run‐off election on 29 December, whose outcome is under contestation.
The committee of experts, which considers the draft reports to be submitted to the Assembly, is expected to finalize its consideration of the two reports during its meeting on 23 January.
On 28 January, the PSC is scheduled to consider the two reports and the draft indicative annual program of activities for 2020 for review and adoption.
On 30 January the PSC will have the last session of the month on the situation in Sudan. The PSC did not convene a session on Sudan since the lifting of the suspension. For the session planned for January, the PSC may invite international partners to deliberate on the process of supporting the country’s transition.
After the PSC adopted the January provisional program of work of the PSC last month, provision has been made for including an item on an interaction with the ICRC.
In addition to these agenda items the provisional program of work indicates in in footnotes possible meetings of the Military Staff Committee for which the dates are yet to be set.
The Internal Institutional Setup and Working Processes Shaping the Relationship between the AUPSC and the UNSC
Amani Africa
28 | December, 2019
The establishment of the Peace and Security Council (PSC) under the 2002 Protocol to the AU Constitutive Act on the Establishment of the PSC 1 (PSC Protocol) and its launch in 2004 2 has transformed the peace and security landscape of the continent. Most notably, among others, it has changed the role of international engagement in the maintenance of peace and security in Africa. The PSC Protocol, in defining the principles governing the maintenance of peace and security in Africa, attributing leading role to the PSC and defining how the PSC interfaces with international actors, sets the expectations of the continent on the parameters of international action, including through the United Nations (UN), on peace and security in Africa.
The Internal Institutional Setup and Working Processes Shaping the Relationship between the AUPSC and the UNSC
Amani Africa
28 | December, 2019
The establishment of the Peace and Security Council (PSC) under the 2002 Protocol to the AU Constitutive Act on the Establishment of the PSC 1 (PSC Protocol) and its launch in 2004 2 has transformed the peace and security landscape of the continent. Most notably, among others, it has changed the role of international engagement in the maintenance of peace and security in Africa. The PSC Protocol, in defining the principles governing the maintenance of peace and security in Africa, attributing leading role to the PSC and defining how the PSC interfaces with international actors, sets the expectations of the continent on the parameters of international action, including through the United Nations (UN), on peace and security in Africa.
Briefing on the situation in Somalia
Amani Africa
Date | 13 December, 2019
Tomorrow (13 December) the African Union (AU) Peace and Security Council (PSC) will receive a briefing on the situation in Somalia and the activities of AMISOM. As
Somalia is gearing up to hold elections next year, the PSC is expected to make a thorough assessment of the
progress made and the challenges that lie ahead. The AU Peace and Security Department and the Special Representative of the AUC Chairperson to Somalia and head of the AU Mission to Somalia (AMISOM), Francisco Madeira, are expected to brief the PSC. During the introductory part of the session, following the practice of the PSC the Inter‐ Governmental Authority on Development (IGAD), particularly Ethiopia as the Chair of IGAD and African Member of the UN Security Council (A3), the UN office to the AU (UNOAU) and the European Union (EU) will also make their statements at the session are expected to make a statement.
Tomorrow’s session is expected to address various issues including the preparations for the 2020 national elections, the recent political and security developments in Somalia and the implementation of AMISOM’s mandate under the revised CONOPS adopted in May 2019. The 2020 election is a key milestone in the stabilization and peacebuilding of Somalia and the holding of “one man, one vote” election in the country for the first time in fifty years will be historic. In this regard, finalizing the Constitutional Review, adopting the amended Federal Constitution and the electoral law, allocating the necessary resources for the election and creating a safe and secure environment for the conduct of the election are considered priority areas. At the Somalia Partners Forum held on 2 October 2019, in Mogadishu, Somalia has committed itself to expediting the constitutional and legislative processes with a view to adopting the electoral laws this month and the Federal Constitution in June next year, while international partners agreed to provide the necessary support in this regard.
However, the prevailing tension between Mogadishu and the regions has been an obstacle in establishing broad political consensus in the country. There is concern that the situation may escalate ahead of elections.
Therefore, easing these tensions will be very critical to ensure the smooth and peaceful conduct of the election and lay the foundation for ensuring democratic and inclusive politics. This requires that constructive dialogue takes place between Mogadishu and the regions to
overcome differences and resolve the prevailing stalemate. Indeed the most recent agreement reached between the Federal Government of Somalia and the leadership of Ahlu Sunna Waljama’a (ASWJ) is a positive step. The meeting between President Farmajo and two former Presidents, Hassan Sheikh Mahmoud and Sheikh Sharif was welcomed by international partners as a step in the right direction and further engagement was
encouraged among key stakeholders at national and regional levels to ensure broader consensus on the holding of peaceful and credible elections. In terms of the regional dynamics, tensions were also rising between Somalia and Kenya in relation to their maritime dispute.
The meeting of President Farmajo and President Kenyatta in Nairobi last month to improve strained relations was very much welcomed. This is believed to have positive impact not only for the bilateral relations between the two countries but also the peace and security of the wider region.
The security situation in Somalia remains volatile. Al‐Shabaab remains a serious threat continuing to create havoc and mayhem but, according to AMISOM, there has been a decline in Al‐Shabab’s activities over the last three months owing to a number of factors, including an
increase in the number of lethal strikes against Al‐Shabaab by partners, with the arrival of the Somali rains, which made it difficult for the group to operate and the successive operations conducted jointly by Somali security forces and AMISOM. This is said to have forced the group to concentrate its activities in and around Mogadishu. The mortar attack on the Airport zone where AMISOM Headquarters and the UN compound are located is a case in point. Ensuring public security and safety in preparation for the election is absolutely vital and AMISOM is said to have repositioned itself to do that and also strengthen its support to the Somali electoral
security task force.
The implementation of the Somali‐led Transition Plan has been a matter of priority. The progress made in reforming the Somali security forces and in undertaking joint operations with AMISOM, including the recovery of some territories from Al‐Shabab and handover of forward operating bases to the Somalia National Army has been considered encouraging. However, the pace of implementation has been rather slow and there is a long way to go before the Somali National Army is ready to take over full and effective security responsibilities from AMISOM. Therefore, there is need to undertake the necessary assessment to make sure that the drawdown of AMISOM forces in accordance with resolution 2472 (2019) is calibrated with the evolving situation on the ground.
The humanitarian situation in Somalia has also been a cause of concern. According to the UN, heavy seasonal rains triggered floods affecting thousands of people in the southern part of the country. The situation is taking a heavy toll on the people. Farmlands and other infrastructures have been destroyed. There is need for urgent humanitarian response to reach out to people in the worst affected areas. In terms of Somalia’s long‐term peacebuilding needs and its development agenda, Somalia is making progress in its discussions with the international financial institutions towards securing a debt relief. The progress in its reform efforts, including in improving public financial management and revenue generation, as well as adopting a new National Development Plan have been recognized as positive steps by international partners. At the Somalia Partners Forum, it has agreed with international partners on “a Mutual Accountability Framework to narrow their joint focus to priority areas for action and resources in order to achievThe expected outcome of the meeting is a communique.
The PSC is expected to take note of the progress made in Somalia and underscore the need to expedite preparations to ensure a peaceful, free, fair and credible election next year. The Council may reiterate its concern over the prevailing tensions between the Federal Government and the regions and urge the Somali stakeholders to exert every possible effort to resolve their differences through constructive dialogue and negotiation with a view to building the necessary political consensus towards election 2020. In this context, it may welcome the meeting between President Farmajo and the two Former Presidents. It may also welcome the easing of tensions between Somalia and Kenya following the meeting of the leadership of the two countries.
The Council may express concern over the volatile security situation in Somalia and the continued attack by Al‐Shabaab. In this regard, it may underline the need to create a safe and secure environment for the holding of peaceful election next year. It may also point out the need for a comprehensive assessment of the security situation in the country in light of the conditions‐based gradual withdrawal of AMISOM in line with the relevant security council resolutions and the decisions of the AUPSC. The Council could express concern on the humanitarian situation and call for the mobilization of international assistance in support of people who are affected by the recent flooding. It may, on the other hand, express satisfaction with the progress made in the reform efforts and the positive momentum built in the discussion with the IFIs with regard to debt relief.