Open Session on Sexual Violence in Armed conflicts in Africa
Amani Africa
Date | 23 July, 2019
Tomorrow (23 July) the African Union (AU) Peace and Security Council (PSC) is expected to hold the second open session of the month. on sexual violence in armed conflicts in Africa.
During the session, The Special Envoy of the AU Commission Chairperson on Women, Peace and Security Bineta Diop and the Special Representative of the Secretary-General on Sexual Violence in Conflict (SRSG-SVC) Pramila Pattern are expected to deliver their presentations.
It is expected that the briefings will highlight the current state of and patters of acts of sexual violence in armed conflicts in Africa. Also of interest in the briefing by Diop would be the impact of sexual violence on women and girls as principal targets of such violence and on affected families and communities in general. As the issue of ‘conflict related sexual violence’ has been a standing agenda of the UN Security Council (UNSC) since 2010, the SRSG, Pattern, may additionally share the experience of the UN in dealing with sexual violence following its elevation on the UNSC’s agenda to a threat to security and an impediment to the restoration of peace through resolution 1820. The presentation may also address the AU-UN collaboration on response to conflict-related sexual violence that was formally established following the 2014 Framework of Cooperation between the AUC and the Office of the SRSG-SVC.
It is to be recalled that women and peace and security has been a standing agenda of the PSC since March 2010 when PSC held its first session dedicated to women and children in conflict in Africa. At its 223rd session the PSC made a decision to devote an annual open session, to the theme of women and children and other vulnerable groups in armed conflicts.
Since 2010 the PSC has passed a number of decisions on violence against women in conflict however there is still a need for a systematic follow up mechanism. Cognizant of this and in an effort of ensuring the implementation of existing decisions, the PSC at its 757th open session held in 2018 made a request to the ‘AU Commission to prepare evaluation reports on the implementation of its previous decisions on women and children in armed conflicts to enable Council to determine further steps to address any challenges’. The PSC further agreed to dedicate that the subsequent open session on women and children in violent conflict situations taking place in 2019 to ‘be devoted to consideration of the report of the Chairperson of the Commission on the status of implementation of its previous decisions on the plight of women and children in violent conflict situations’, although this did not materialize this year.
During the same session the Council has also ‘recommended the convening of an extraordinary AU Summit dedicated to the plight of women and children in armed conflicts, in order to give it the highest level of political attention that it deserves’. Despite the lack of implementation of the very decision that provides steps for strengthened follow up mechanisms; there are also opportunities in taking these commitments forward. The AU has declared 2020 as the year of silencing the guns and it also marks the final year of the AU Decade for Women. The year provides an opportunity to assess and reflect on the decade and to mobilize political support in elevating the issue at the highest level including by targeting the annual open session.
While the agenda on women and peace and security has been a standing agenda of the PSC since 2010, it is for the first time that the PSC focuses on sexual violence in armed conflicts. Such a focus will allow the PSC to adopt appropriate mechanisms for monitoring and responding to the serious violations inflicted on targets of sexual violence.
As documented in the annual reports of the UN Secretary-General on the subject, despite major progress made in terms of norm development and the level of attention given to the issue, sexual violence in armed conflicts remains to be prevalent in a wide range of conflict settings. The 2018 report of the Secretary-General pointed out that the rise or resurgence of conflict and violent extremism, with the ensuing proliferation of arms, mass displacement and collapse of the rule of law, has also triggered patterns of sexual violence. This has been evident in Africa in various conflict settings including in the context of the spread of insecurity to new regions of the Central African Republic, the surge in violence in Ituri, the three Kasai provinces, North and South Kivu and Tanganyika in the Democratic Republic of the Congo, and in continuing incidents of conflicts in South Sudan in 2017.
Sexual violence is not committed merely as an isolated act of individual combatants. In many of the conflict settings, it is also employed as a tactic of war, terrorism, torture and repression. As documented in the report of the AU Commission of Inquiry for South Sudan, women’s body was made the battle ground for the rival armed groups in the South Sudan civil war. In those cases, to varying degrees, the strategic nature of sexual violence was evident in the selective targeting of victims from specific ethnic, religious or political groups, mirroring the fault lines of the wider conflict or crisis.
Instead of being a mere reflection of the situation of conflict, sexual violence rather manifests existing patters of gender relations in the society and hence mirrors the political, socio-cultural and economic position of women and girls in society. It is thus pointed out in the AUCISS report that sexual violence was also a result of existing discriminatory practices affecting women and girls including in particular harmful customary practices such as patriarchy, child marriages, abduction of girls, bride wealth, polygamy and wife inheritance.
The pervasive nature of sexual violence in armed conflicts in Africa, its strategic use by conflict parties and the grave consequences it entails on targets of such violence and their families require that the AU adopts strategies for the prevention and monitoring of sexual violence in conflicts and for taking remedial measures to cater for victims of violence including the provision of medical and psycho-social services and access to justice for holding perpetrators accountable. Also critical is the participation of women in peace processes and post‐conflict reconstruction and development programmes, which remains utterly inadequate.
The session may also address the role of peacekeeping troops in preventing and responding to sexual violence as part of their role in protection of civilians. Particularly it may look into member states and Troop Contributing Countries (TCCs) accountability and adherence to the AU Policy on Conduct and Discipline for AU Peace Support Operations (PSOs) and the AU Policy on Prevention and Response to Sexual Exploitation and Abuse for PSOs adopted in December 2018 by the PSC.
The UN has addressed the issue of sexual violence in conflict through the Secretary General annual reports to the UNSC. The 2019 report observes the continued intrumentalization of sexual violence as strategy of conflict targeting women and girls. It is widely used as a tool of repression, control, terror, forced displacement as well as to seize land and other resources. Sexual violence also features prominently in political or election-related violence. The report also makes reference to the concerning linkage between sexual violence, trafficking and terrorism and how sexual violence has been utilized in advancing extremist ideology. Of particular concern noted in the report, which is of interest in the context of the trend of expansion of terrorism and violent extremism in Africa, is how radicalization and violent extremism have increasingly contributed to the expansion of discriminatory gender norms that further weaken already vulnerable status of women and girls.
Most recently the UN Security Council has passed resolution 2467 on combatting sexual violence in conflict in April 2019. The UNSC recognized the need for a survivor-centered approach in preventing and responding to sexual violence in conflict and post-conflict situations.
As indicated in the concept note the expected outcome of the session is a joint communiqué, although in practice open sessions are followed by press statements. The PSC may task the AU Commission to submit a report on sexual violence in Africa with specific recommendations on the strategies for prevention, monitoring and remedying sexual violence, including its due consideration in the conflict prevention, management, resolution and post-conflict rebuilding initiatives. It may call on member states in conflict situations as well as those emerging from conflict to put in place measures that ensure that security forces do not perpetrate sexual violence and that they are held accountable when found responsible for such violence. It may also urge TCCs and PSOs to adhere to existing policies and normative frameworks in protection of civilians particularly from sexual violence.
Consideration of the Mapping Study on Illicit Arms Flows in Africa
Amani Africa
Date | 18 July, 2019
Tomorrow (18 July) the African Union (AU) Peace and Security Council (PSC) will consider the mapping study on illicit arms flow in Africa.
The Peace and Security Department (PSD) and the Small Arms Survey are expected to brief the council and present the main findings of the mapping study. The joint study has been conducted pursuant to the 430th PSC decision that tasked ‘the Commission to undertake a comprehensive study on the flow of illicit weapons into and within Africa and submit to it the outcome of such a study’.
Following this decision the AU Commission, jointly with the Small Arms Survey, has co-organized the inception meeting on mapping illicit arms flows in Africa, in June 2017. The press release at the inception meeting indicated that the study aims at producing data on patterns and trends in arms and ammunition inflows, diversion and illicit circulation, and gaps in control measures. The study also serves to equip the AU, Regional Economic Communities (RECs) and member states with relevant tools to ‘prevent the flow of illegal arms and ammunition into conflict zones, implement evidence-based policies and better measure progress and impact in line with the AU Master Roadmap of Practical Steps to Silence the Guns in Africa by Year 2020’.
The study has been underway over the past two years including the validation by RECs and international experts in 2018. Following tomorrow’s consideration by the PSC, the study will be launched and presented to the various stakeholders in the AU headquarters.
The study is expected to establish a continental data and analysis that identifies regions and countries affected by illicit arms flow and trends in the illicit production, trade, possession, stockpile and circulation of arms. The data and analysis may also identify sources and patterns of movement and circulation of arms. This study is essential given the complexity of the issue and the absence of a continental binding instrument and a dedicated continental mechanism that can monitor trade and illicit arms flows and track their effects on peace and security. Currently the Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons is the only existing continental instrument but it only expresses political rather than legal commitment. Hence its implementation and impact has been limited. Additionally, there is not a continent-wide dedicated mechanism for promoting the standards of the Declaration.
The various RECs have established frameworks within their respective regions. Although this is a positive step, it has resulted in parallel legal regimes and made response fragmented. Even in regions that have instruments, implementation is still lacking. The very nature of the flows of illicit weapons necessitates a kind of response that is trans-regional and a standardized continental framework. The fragmented response has also left regions such as the Sahel without an established instrument.
Although the 832nd PSC session underlined the primary responsibility of member states in combating illicit circulation of arms, however their capacities are limited. A related challenge is the porous nature of the boarders of many African countries and their inability to regulate their peripheral territories. Member states’ limited capacity and resources in putting in place effective administrative and institutional measures for safe stockpiling of arms has affected the safekeeping and control of arms. In this regard there is a need for the AUC to provide guidance and technical support on ways member states adequately monitor and track illicit arms as well as produce reports on their efforts and the challenges that are encountered as a follow up to the various calls of the PSC for receiving reports from member states. Hence institutional support to member states for the development of national strategy and reporting will enable relevant national institutions in discharging their roles for effective control of flow of arms.
Previous PSC sessions have made reference to the linkages between the proliferation and illicit flows of arms on the one hand and terrorism, organized crime and financing of terrorist groups. Additionally, there is a need to recognize the increased transnational nature of conflicts and how weak border control leads to porous borders that allows free movement of traffickers of arms across national borders.
Flows and circulation of illicit arms are particularly critical in conflict affected countries and post-conflict situations. The absence of effective implementation of DDR and SSR enables the proliferation of armed groups and the flow of illicit weapons, hampering cessation of hostilities and peace building processes. It may also contribute to potential relapse to violence by compromising gains made in restoring peace and security.
The PSC may also follow up on its previous decision at the 832nd, which requested ‘the Commission to consider organizing a forum for the AU to constructively engage with weapons manufacturers’. Apart from being a shared area of interest for the UN Security Council (UNSC), this international dimension of the illicit manufacturing, trade and transfer to Africa of small arms and light weapons also necessitates developing close coordination and joint approach with the UNSC. The risks and challenges associated with illicit flow of arms have been regularly debated at the UNSC.
The UN Secretary-General submits biennial report on small arms and light weapons to UNSC. In the Resolution 2220 (2015), the Security Council requested the SG to continue to submit to the Council on a biennial basis a report on the issue of small arms and light weapons. Following this decision the SG has submitted its fifth report in December 2017. In this context, the growing concern over the increased links between transnational organized crime, illicit small-arms trafficking and terrorism as well as emerging technologies for illicit trafficking and production has received attention.
The expected outcome of the session is a communiqué. It may express concern over illicit small arms and light weapons within the continent and from the outside. It may commend the AUC and Small Arms Survey for leading on the development of the continental mapping study on illicit arms flows in Africa. It may call on member states in strengthening their monitoring and control mechanisms and may urge for enhanced cooperation among countries and with relevant international bodies. The PSC is also expected to adopt the recommendations of the study and call for their implementation. In its deliberation the council may call for standardization of the norms and approaches of RECs for a more harmonized and coordinated approach. In terms of targeted action within the framework of the AU Roadmap on Silencing the Guns as well, the implementation of measures directed at countries most affected by illicit circulation and trade of small and light weapons such as Libya. The PSC could also emphasize issues related to partnership and international cooperation in tracing illicit flows and movement of arms, capacity building to member states for arms and ammunition management and information sharing including through the UNSC.
Open Session on Protection of civilians against the use of explosive weapons in populated areas
Amani Africa
Date | 17 July, 2019
Tomorrow (17 July) the African Union (AU) Peace and Security Council (PSC) will hold an open session on the protection of civilians against the use of explosive weapons in populated areas.
During the session it is expected that the Permanent Representative of Mozambique to UN Office in Geneva, representatives of the International Network on Explosive Weapons (INEW) and the International Committee of the Red Cross (ICRC) will deliver their presentations. AU Peace and Security Department is also expected to make a statement.
The adverse effect of the use of explosive weapons in populated areas (EWIPA) has been a widely recognized challenge causing harm to civilians in conflicts. As indicated in the concept note, civilians are the overwhelming majority constituting 90% of victims during the use of wide-area effects explosive weapons in populated areas. Weapons designed to spread a wide effect or lacking precision when launched, often times lead to civilian suffering. In a time where violence and conflicts are increasingly taking place in populated cities instead of remote areas, the impact of the use of such weapons rises exponentially.
Beyond the immediate impact, the effects have long-term consequences in terms of the destruction of infrastructure, education and health facilities heavily affecting the coping capacity of communities. Particularly in the context of protracted conflicts, EWIPA may also delay or complicate conflict reconstruction and peace building processes.
With the increased level of urbanization coupled with the rise of conflicts in cities, various types of explosive weapons are being used such as mines, anti-personnel mines, missiles and grenades both by national military forces and armed groups. The AU has demonstrated commitment in the fight against the use of anti-personnel mines. 51 African member states have ratified the Anti-Personnel Mine Ban Convention (Ottawa Treaty). The 837th PSC session recognizing the risks associated with improvised explosive device (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’.
Moreover, the protection of civilians has been a key priority to the AU as it is articulated in various policy instruments and deliberations. The AU provides a comprehensive definition to the protection of civilians. The Draft Guidelines for the protection of civilians in PSOs identified four tiers or dimensions of protection: protection through political process; physical protection; rights-based protection; and establishing a secure environment.
A dedicated regional meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas was also held in November 2017. In the communiqué of the meeting states highlighted that they ‘support the process that will lead to the negotiation and adoption of an international political declaration on the use of explosive weapons in populated areas’. The meeting although aimed at forming a group of African States that can actively support the development of the declaration, thus far only Senegal and Mozambique have participated in the diplomatic process. The two countries will represent Africa in the Core Group that will be leading on the development of the declaration. Following the upcoming October 2019 conference in Vienna, the declaration is expected to be adopted in Dublin in 2020.
Similarly the United Nations Secretary-General António Guterres in his annual report on the protection of civilians in May 2019 called on member states to join the political process.
Across the continent EWIPA is further exacerbated by the increasing flow of illicit arms. The 788 session of the PSC highlighted that flow of ‘small arms and light weapons (SALW), to non-state actors contributes significantly towards exacerbating insecurity and violence in various parts of Africa, thereby undermining social cohesion, public security, socio-economic development and the effective functioning of state institutions’.
Presenters particularly the ICRC may highlight and provide an overview of the humanitarian dimension of the use of EWIPA, including the failure of such weapons to meet the international humanitarian law principles of distinction and proportionality. The destruction of homes and basic infrastructure the use of EWIPA coupled with a lack of access to basic services, lead to forced displacement of civilians. The delivery of humanitarian aid is often times hampered by destruction of roads, preventing access to life saving assistance and basic services. Hence, beyond the direct impact on people it affects the entire system of particular area or a country. Within the context of 2019 theme on Refugees, IDPs and Returnees the interventions may further highlight the linkages with forced displacement and the challenges associated with returns due to the destruction of homes and livelihoods.
INEW’s intervention may elaborate on the distinctive pattern of harm caused to civilians by the use of EWIPA. Given its role in the development of the political declaration, it may provide further details on the progress made thus far and next steps. It may also elaborate on why such a declaration is needed and how it can serve as a guiding framework for member states in their efforts in designing policies and in effectively responding to the security threat. The declaration may explicitly address issues related to harm of civilians due to the use of EWIPA and it may also pay particular attention on the mechanisms to ensure protection of civilians.
The representative of Mozambique may highlight the key outcomes of the Maputo regional meeting and elaborate on the country’s role and contribution in articulating a global political commitment anchored by provisions in existing African instruments.
The expected outcome of the session is a press statement. The PSC in the outcome document may recommend key actions and next steps towards mitigating harm and ensuring the full protection of civilians. It may commend Mozambique and Senegal for their leadership in contributing to the process of developing the political declaration. It may call on member states to strengthen their efforts by utilizing existing regional and international instruments. It may also call for a greater respect for international humanitarian law to reduce suffering of civilians.