Briefing on the Situation in South Sudan

Amani Africa

Date | 14 November, 2019

Tomorrow (14 November), the African Union (AU) Peace and Security Council (PSC) will have a session on the situation in South Sudan. This comes two days after the
expiry of the extended deadline for the implementation of the pre‐transitional tasks. It is expected that Joram Biswaro, the Special Representative of the Chairperson of the AU Commission for South Sudan, is expected to brief the PSC. The last time the AUPSC met to discuss South Sudan was one month ago when it considered the report on the Chairperson of the Commission on the situation in the country. This session is expected to focus on assessment of the latest situation in South Sudan, including the extension of the pre‐transitional period by 100 days and the role the AU could play for completion of the pretransitional tasks within the 100 days.

Considering the limited progress made in implementing the pre‐transitional tasks, no one was sure what would happen on 12 November 2019. IGAD and the rest of the international community were insisting that the extended timeline is non‐renewable, and that an inclusive transitional government should be formed on the set timeline. President Kiir was also saying that the transitional government will be formed. By contrast, Dr.Reikh Machar was insisting that his forces will not join the transitional government without meaningful progress on the implementation of the pre‐transitional tasks, particularly relating to Transitional Security Arrangements and the determination of the number and boundaries of states.

The last two weeks have seen increased activities to avoid the worst and salvage the revitalized peace agreement, including the preservation of the cessation of hostilities and the ceasefire, which ensured a modicum

of stability. The Security Council had visited Juba and talked with the parties. IGAD had also dispatched a delegation to Juba to undertake similar consultations.

Furthermore, members of the Troika also visited Juba and did the same. President Salva Kiir and Dr. Reikh Machar met face to face on three occasions, twice in Juba and the last one in Kampala.
What eventually saved the situation is the Tripartite Summit that was convened in Kampala by Sudan and
Uganda in their capacity as co‐guarantors of the agreement. The meeting was critical to facilitate agreement between President Kiir and Dr. Machar to extend the pre‐transitional period for one hundred (100) days effective from 12 November and review progress after fifty days from that date. The two principals also agreed to establish a mechanism involving the parties and the guarantors to monitor the implementation of the pending tasks. Under the circumstances, the outcome of the Kampala Tripartite Summit was the least bad option in trying to salvage the revitalized peace agreement and preserve the cessation of hostilities and the ceasefire agreement, thereby avoiding a relapse into another cycle of violence.

Of critical importance for tomorrow’s PSC session is the key question of whether the parties will use this window to expedite the implementation of the critical pending
tasks. In this regard, it would be of interest to PSC member states to know the role that the AU and its office in Juba would play in supporting the process for achieving the implementation of the pre‐transitional tasks including, a clear roadmap and follow‐up mechanism.

In terms of helping effective utilization of the limited window of opportunity that the 100 days extension presented, IGAD held two important meetings as a follow‐up to the Kampala Tripartite summit. IGAD convened a consultative meeting of the parties in Addis Ababa on 9 November 2019, ahead of the extraordinary meeting of its Council of Ministers on 10 November 2019. The consultative meeting endorsed the outcome of the Kampala Tripartite Summit, including the extension of the pre‐transitional period for 100 days effective from 12 November 2019. The IGAD Council of Ministers, which met on the following day welcomed the outcome of the consultative meeting of the parties, including the endorsement of Kampala Tripartite Summit communique.

The IGAD Council of Ministers initiated the steps to be taken towards the completion of the key pre‐transitional tasks within the 100 days. The IGAD Council instructed
the IGAD Special Envoy for South Sudan in collaboration with R‐JMEC, CTSAMVM and the AU Commission to urgently organize a workshop for security mechanisms in Juba to agree on a roadmap with clear timeline for the implementation of Transitional Security Arrangements within the one hundred (100) days extension. It further directed its Special Envoy to facilitate a meeting of the Parties to the R‐ARCSS to resolve the issue of the number of states and their boundaries and any other outstanding issues pertaining to the establishment of the Revitalized‐ Transitional Government of National Unity (R‐TGoNU).

While these two areas are expected to be a priority, the IGAD Council set the ambition higher by requesting the Special Envoy to continue engaging the non‐signatories to the R‐ARCSS and organize a retreat for the Leaders of the Parties to the RARCSS for trust and confidence building as soon as possible. The Special Envoy has also been entrusted with closely monitoring the progress of implementation of the critical pending tasks during the extended Pre‐Transitional Period in close collaboration with Revitalized‐Joint Monitoring and Evaluation Commission (R‐JMEC) and CTSAMVM. The Ministers called on the Incumbent TGoNU to immediately disburse the USD 100 million to National Pre‐Transitional Committee (NPTC) to enable the completion of the critical pending tasks. In addition, they called on regional and international partners to provide the necessary support to expedite the implementation of pending tasks, while appreciating those that have already done so.

After its visit to Juba, the UN Security Council (UNSC) met and held consultations on the situation in South Sudan last week. The UNSC expressed concern on the lack of substantive progress in the implementation of key elements of the revitalized peace agreement and called on the parties to reaffirm their commitment to the full implementation of the agreement, to clear benchmarks and the cessation of hostilities and ceasefire agreements.

The Council also called on the parties to make immediate progress on pre‐transitional tasks, including the security arrangements and a process for the resolution of the number and boundaries of states in order to allow for the peaceful formation of an inclusive transitional government.

Secretary‐General Antonio Guterres, in welcoming the decision of the IGAD Council of Ministers based on to the agreement reached in Kampala under the auspices of the Co‐Guarantors, urged the parties to use this extension to make further progress on critical benchmarks, including security arrangements and the number and boundaries of states, to allow for the formation of an inclusive transitional government of national unity. He also echoed the call made by IGAD for the Government of South Sudan to release the pledged amount of $100 million through a transparent and accountable mechanism.

The expected outcome of the session is a communique. AUPSC could welcome the face‐to‐face meeting between President Kiir and Dr. Riek Machar, leader of the SPLMIO, the signatory of the Revitalized Agreement on the Resolution of the South Sudan Conflict (R‐ARSSC). It may also welcome the communique adopted by the Tripartite Summit in Kampala, including the agreement reached to extend the pre‐transitional period by hundred days. The Council may endorse the outcome of the consultative meeting of the parties in Addis Ababa and the decision adopted by the IGAD Council of Ministers. It could also urge the parties to demonstrate the necessary political will and commitment to the Revitalized Peace Agreement as the only viable framework for resolving the conflict in South Sudan and build trust and confidence to expedite the implementation of the critical pending tasks to facilitate the formation of an inclusive transitional government. In this connection, it may support the call by IGAD for developing a clear roadmap and the setting up of mechanisms for monitoring and follow up of implementation in collaboration with the AU Commission. It may also call on the parties to exert every possible effort to finding a consensual solution to the issue of number of states and their boundaries. The AUPSC may urge the TGoNU to avail the necessary resources for the implementation of the agreement and appeal to AU member states and partners to provide financial and technical assistance in this regard.


Annual Interaction Between the Peace and Security Council and the United Nations Peace building Commission

Amani Africa

Date | 11 November, 2019

Tomorrow (11 November) the African Union (AU) Peace and Security Council (PSC) is expected to hold its annual interaction with the United Nations Peacebuilding Commission (UNPBC). The Assistant Secretary-General for Peacebuilding Support, UNPBC Chair and Vice Chair and the representative of UN office to the AU (UNOAU) are expected to address the Council. The Department of Peace and Security is also expected to deliver a statement.

The 633rd PSC session held on 18 October 2016 decided to institutionalize its partnership with UNPBC through annual interactive sessions alternating between Addis Ababa and New York, joint missions to conflict affected countries and joint retreats. Consequently, the Chairs of UNPBC have held consultations in Addis in 2017 and in New York on the margins of the 12th Annual Joint Consultative Meeting between the AUPSC and the UN Security Council in 2018. The UNSC in its resolution 2282 (2016) and 2457 (2019) has similarly urged the UNPBC to hold regular exchanges of information with relevant regional and sub regional organizations in particular with AU Commission.

Drawing on these decisions and the practice of the previous years, UNPBC is expected to provide update on its activities in the continent including recent field visits undertaken in conflict affected countries. The interactive session may also focus on particular regions and countries namely Central African Republic (CAR), Liberia, Sierra Leone, the Mano River Union and the Sahel. The two bodies are also expected to assess the progress made in the implementation of the previous deliberations and commitments.
The Chair of the thirteenth session of the UNPBC Guillermo Fernández de Soto Valderrama when outlining the 2019 work plan in January, highlighted the UNPBC’s partnership with the PSC should particularly ‘continue to focus on conflict prevention, good governance, human rights and national reconciliation’. These priority thematic areas are also anchored in the 2017 MoU signed between AU Commissioner for Peace and Security, Smail Chergui, and Assistant Secretary-General for Peacebuilding Support Oscar Fernandez-Taranco. The Sahel region and Liberia are also key priority areas in 2019 as indicated in the statement of the Chair.

In line with the work plan of the UNPBC, the respective country configuration Chairs may brief the Council on their activities. The Sahel region, which has also been a key area of focus at the recently concluded 13th joint consultative session of the PSC and UNSC, is expected to feature prominently in tomorrow’s session. PSC and UNPBC may discuss the deteriorating security situation in the region and the increasing attacks against civilians and security forces witnessed in Mali and Burkina Faso. In a high-level meeting on Burkina Faso convened by UNPBC in September 2019 participants underscored the worrying trend of the spike in terrorist attacks and spill over effects in other countries of the region.

The latest deadly attacks in the region are also an indication of the increased strength, capacity and territorial presence of terrorist groups and networks operating in the Sahel region. Hence, it is critical to assess mechanisms in which security operations can also be accompanied by political discussions and negotiations.

The Mano River region is another area on which tomorrow’s session is expected to deliberate. It would be of interest for the PSC to get UNPBC’s assessment of the situation in Mano River region and its support in Liberia after the completion of United Nations Mission in Liberia’s (UNMIL) mandate on 30 March 2018. In terms of the support for Liberia, the UNPBC is expected to highlight the work undertaken over the past 18 months in facilitating a smooth transition, in sustaining the peacebuilding plan and averting any gap that might be created after the withdrawal of the mission. The two bodies may particularly emphasize on the need for joint efforts in sustaining the peacebuilding process in the country.

Similarly, in the case of Sierra Leone the UNPBC may discuss the efforts in supporting the establishment of national institutions mandated to promote peace and national cohesion. Also, worth noting is the important role of ECOWAS in the region and the need to harmonize efforts at various levels in order to provide coordinated support in the countries.

The CAR, another priority country during the recent PSC-UNSC annual consultative meeting, is also expected to be on the agenda in tomorrow’s interactive session. It is to be recalled that there was a UNPBC visit to CAR jointly undertaken with the Assistant Secretary-General for Peacebuilding Support and the Assistant Secretary-General for Africa in February 2019. The visit, which took place in the aftermath of the signing of the Political Agreement for Peace and Reconciliation in the Central African Republic aimed at supporting National Recovery and Peacebuilding Plan and exploring the role of the UNPBC in the preparation of the 2020-21 planned elections. The Chair of CAR configuration, permanent representative of Morocco has then briefed the UNSC on the key findings of the field visit.

At a high-level event on the situation in CAR held in June 2019 the Chair of CAR configuration, described the situation in the country as ‘layers of unresolved conflict, weak state presence throughout the country, persistence of armed groups, and more than half the population in need’.
Most recently, alarming developments that may jeopardize the signed peace agreement have surfaced. The leaders of two rebel group who joined the government as military advisers after the signing of the agreement have recently resigned from their positions. Other groups continue to violate provisions of the agreement and have resumed competition for more territorial control. Opposition leaders have also voiced their strong disapproval of rebel leaders joining the government apparatus. The proliferation of armed groups continues to be a critical obstacle of the peace processes. A new armed group which is not part of the February agreement has emerged in northern CAR.

In addition to the country configuration Chairs the Vice Chairs may also use the opportunity to engage the PSC. Particularly Egypt as one of the Vice-Chairs of UNPBC may brief the PSC on the establishment and activities of AU Centre for Post-Conflict Reconstruction and Development (PCRD). Egypt as the 2019 Chair of the AU has been championing the PCRD work of the Union by supporting the establishment of the Centre.

The expected outcome of the session is unknown during the production of this ‘Insight’. However the PSC may adopt a communiqué. It is expected that the PSC would welcome the work of the UNPBC and commend it for the briefing it has provided on the activities in specific countries. It may call on the UNPBC to continue its support to countries emerging from conflict. The PSC could also express concern over the relapse some countries and regions back to conflict, which undermines the gains that were made so far. It may underline that sustainable peace requires addressing root causes of conflict hence the importance of the security and development nexus. The PSC may further call on the need to foster the strategic partnership to ensure the provision of a comprehensive and multi-sector peacebuilding support to countries and regions.


The situation in Guinea Bissau

Amani Africa

Date | 6 November, 2019

Tomorrow (6 November), at 3pm the African Union (AU) Peace and Security Council (PSC) will have a session on the situation in Guinea Bissau, which was postponed from the October program of work of the PSC. The representative of Guinea Bissau, Chair of Economic Community of West African States (ECOWAS), United Nations Office to the African Union (UNOAU), African Members to the UN Security Council (A3) Cote D’Ivoire, Equatorial Guinea and South Africa are expected participate in the session. The Director of Peace and Security Department and Director of Political Affairs to make statements on the latest political developments and the elections planned on 24 November.

The last time the PSC held discussion on Guinea Bissau was on 11 June 2019 where it urged ‘the President of the Republic of Guinea Bissau to urgently initiate consultations, with a view to appointing a Prime Minister, in accordance with the will of the people, as expressed in the legislative elections of 10 March 2019 and, in due course, to announce the date of the presidential election scheduled for this year before the expiration of his current term on 23 June 2019’.

On 16-18 June the PSC, acting on its communique of 11 June, undertook a field visit to Guinea-Bissau. During the visit the PSC held consultations with various Guinea-Bissau political actors, including President Jose Mario Vaz. During the two days visit the delegation of the PSC urged the president to announce the date for Presidential elections before June 23rd, 2019 and appoint the Prime Minister. The delegation also pressed all parties to constitute the National Assembly and review the National Constitution.
On 18 June, the day the PSC concluded its visit, the President announced that presidential elections would be held on 24 November. He also appointed Aristides Gomes as prime minister on 22 June following a high- level mission of ECOWAS to Bissau on 19-20 June. ECOWAS had to mobilize further diplomatic efforts during its 29 June summit to have President Vaz accept the composition of the new government under Prime Minister Gomes. ECOWAS summit gave Vaz a deadline of 3 July to appoint a new government, based on the prime minister’s proposal, and a new attorney general, to be chosen by consensus. In apparent exchange, the summit ECOWAS summit decided that Vaz remains in office, after expiry of his term, until the election, although the management of the affairs of the state was left in the hands of the new government under the new Prime Minister Gomes. On the same day, Vaz appointed the government and a new attorney general based on Prime Minister Gomes’ proposal. The composition of the government mainly consists of PAIGC members and supporters.

With the political wrangling continuing unabated even after the formation of the new government, the UN Office for West Africa and the Sahel, the AU, the Community of Portuguese Speaking Countries (CPLP) and ECOWAS undertook a mission to Bissau. The communiqué of the 7 October joint field mission of these international bodies strongly urged for the presidential election to be held during 2019.

On 14 October, the Supreme Court of Justice of Guinea- Bissau announced the provisional list of 13 candidates for the upcoming presidential elections, including the incumbent President who is expected to run as an independent candidate after being unable to secure the nomination of the opposition party Movement for Democratic Change (MADEM-G15). Other candidates include former Prime Minister Domingos Simoes Pereira of PAIGC, who was the initial candidate to lead the new government formed on 29 June, and Nuno Gomes Nabian for the United People’s Assembly – Guinea-Bissau Democratic Party (APU-PDGB). Although Nabian’s APU/PDGB is part of the governing coalition, it has recently formed an alliance with opposition Party for Social Renewal (PRS) to unite the Balanta ethnic group, which has strong links with the military, in support of Nabian’s candidacy. The former Prime Minister Umaro Sissoko Embalo is to run under the flag of MADEM G-15.

Other issues of concern that are of interest to the PSC include the manoeuvring of some elements to delay the election and cause the breakup of PAIGC, whose candidate is considered likely to win. The incumbent President as well continues to speak on the need for major reforms including constitutional reforms before the holding of the presidential elections. This request may also stem from the intention of postponing the elections beyond 2019, since the proposed changes require a long period of time.

It is against the backdrop of these rising political tensions that President Vaz issued a decree on 28 October dismissing the government of Prime Minister Aristides Gomes and appointing a new Prime Minister. With only three weeks left for the election to take place later this month, the decision by the President has further aggravated the tense political situation in the country causing serious consternation. With the terms of President Vaz having ended but ECOWAS agreeing for him to stay on without executive power until the 24 November election, the contestation over the legality of the decree he issued dissolving the government has put the country in a constitutional crisis, giving rise to questions on the compatibility of this action with the AU ban on unconstitutional changes of government. On 29 October, ECOWAS issued a communiqué calling the President’s decree illegal and reiterating its full support for Aristide Gomes and his government. Furthermore, it threatened to impose punitive measures against those found to be obstructing the upcoming election.
In his statement issued on 30th October, the AU Commission Chairperson Moussa Faki Mahamat also expressed his deep concern regarding the Presidential Decree dissolving of the Government and reiterated his support for the efforts of ECOWAS calling on all the political actors to respect its decision and honour the commitments made in this regard. In the same vein, the UN Secretary-General issued a statement the same day expressing serious concern on the unfolding developments in Guinea-Bissau and calling on all political stakeholders to abide by the decisions taken by ECOWAS regarding the governance arrangements in Guinea-Bissau until the presidential election on 24 November.

The Chair of the 2048 UN Sanctions Committee on Guinea-Bissau, Ambassador Anatolio Ndong Mba of Equatorial Guinea has also been actively seized with the matter. He was in Bissau last week as part of the Committee’s mission to the country in carrying out its mandate. The United Nations Peacebuilding Commission is also engaged on the situation in Guinea Bissau and the Chair of the PBC Configuration on Guinea Bissau, Ambassador Mauro Vieira of Brazil was in Bissau last week to encourage the holding of a free, fair, credible, transparent and peaceful presidential election on 24th of November. He has written a letter to the President of the Security Council on 30 October 2019, sharing his observations from the visit. The decree was issued to dissolve the government after he returned from his visit and he urged Bissau Guinean political actors to exercise maximum restraint and resort to dialogue to resolve their differences.

The United Nations Security Council met on 30th October under any other business to discuss the latest developments in Guinea-Bissau and Cote d’Ivoire as the penholder initiated a presidential statement. On 4 November, the UNSC adopted the presidential statement. In the Statement, the UNSC expressed its
full support for the communiques that ECOWAS and AU Commission issued on 29 and 30 October respectively and the urgent need to hold the presidential election on 24 November.

The expected outcome is a communiqué. The PSC may urge the government of Guinea Bissau and the other political actors to hold the election on 24 November as per the set timeline and work towards a fair, free and peaceful election come 24 November. It may express serious concern on the recent developments in relation to the dissolution of the government by President Vaz, which may constitute a breach of AU rules on constitutional governance, and reiterate its support to the ECOWAS efforts including its plan to take punitive measures. It may call upon all political stakeholders in Guinea Bissau to respect the ECOWAS decision, refrain from aggravating the already tense political situation in the country and exert every possible effort to resolve their differences in full compliance with outcome of the March 2019 parliamentary elections and the ECOWAS plan. The PSC may welcome ECOWAS’s decision to extend the mandate of the ECOWAS Mission in Guinea- Bissau (ECOMIB) for a period of six months starting from 1 October 2019. It may request the AUC to strengthen support to the Special Representative of the Chairperson of the Commission (SRCC) for Guinea Bissau and his office particularly in relation to the upcoming election. Apart from requesting the AUC to deploy electoral and human rights observers to the country, it could also consider appropriate action in accordance with the Lomed Declaration of 2000 and Addis Ababa Charter on Democracy Elections and Governance.