PSC Program of Work for the Month of May 2019

Amani Africa

Date | May 2019

Rwanda assumes the role of the monthly chairpersonship of the African Union (AU)
Peace and Security Council (PSC) for the month of May. The provisional program of work includes two country specific briefings and five sessions on thematic issues. During the month, the Military Staff Committee (MSC) and the Committee of Experts meetings are also scheduled to take place.

On 2 May the MSC is expected to meet with the Peace Support Operations Division (PSOD) to prepare the report on the challenges faced by AU-led Peace Support Operations (PSOs) and
on ways to address them. The following week on 7 May the PSC will meet to consider the renewal of AMISOM mandate which was renewed in July last year for a 10 month period and will be ending on 27 May. In May, the UN Security Council is also expected to meet under the presidency of Indonesia to extend the mandate of AMISOM. On the same day the PSC is expected to consider and adopt the draft PSC provisional program of work for the month of June.

On 9 May the PSC will consider the report of the AU Commission on the peace process in the Central African Republic and the implementation of the Peace Agreement. The AU led peace process has culminated in the signing on 6 February 2019 0f the agreement between the government of CAR and 14 recognized armed groups. This was followed by peace talks in Addis Ababa in March.

On 14 May the PSC is scheduled to have two agenda items. The fist is the consideration of the report prepared by the MSC and PSOD on the challenges faced by AU-led PSOs and on ways of addressing them. The second agenda item is the monthly report of the Commission on the harmonization of ACIRC within the ASF framework.

The second thematic session of the month is expected to take place on 16 May. The session will focus on mitigating the threat of health epidemics to peace and security in Africa with a particular focus on Ebola. This is within the framework of the PSC’s increasing interest on new forms of security threats with African Centre for Disease Control expected to provide briefing to the PSC.

The Committee of Experts will convene on 17 May for a full day consultation to consider the draft manual of the PSC working methods. The third thematic issue of the month focusing on another new form of security threat is expected to take place on 23 May. During this meeting the PSC will discuss mitigating the threat of cyber security to peace and security in Africa.

On 24 May, the PSC will have a session on the inaugural consultative meeting of the PSC and the peace and security decision-making bodies of the Regional Economic Communities/Regional Mechanisms (RECs/RMs). It is anticipated that this meeting will facilitate agreement between the PSC and the organs of RECs/RMs on mechanisms for consultations and coordination of actions in the prevention, management and resolution of conflicts in accordance with the conclusions of the September 2015 Abuja retreat of the PSC.

The last session of the PSC, scheduled to take place on 30 May, will consider the draft manual of PSC working methods. This is expected to bring together and presents the conclusions of the ten retreats of the PSC on its working methods in a format that will allow ease of reference and proper implementation.

In addition to these agenda items, the provisional program of the month also envisages in footnotes a few additional items that may be added in the course of the month. One such tentative item is the report of the military staff committee on the field mission to Duala, where the Continental Logistics Base is located. The second agenda item is the meeting of experts to finalize monitoring and evaluation framework for the master roadmap on Silencing the Guns in Africa. The Council plans to commemorate the 15th anniversary of the establishment of the PSC, which is on May 25 however the date of the commemorative session is yet to be confirmed. The PSC is also expected to hold an interactive session with the AUC Chairperson.


PSC Session on the Situation in Sudan

Amani Africa

Date | 30 April, 2019

Tomorrow (30 April) the African Union (AU) Peace and Security Council (PSC) will convene a session on the follow up to the 840th meeting on the situation in Sudan. The session will be held in Tunis, Tunisia. It is to be recalled that the communiqué of the 840th session of the PSC requested the ‘Chairperson of the Commission to report to Council by 30th April 2019, on the evolution of the situation and the implementation of the present Communiqué’. It is expected that the AU Commission Chairperson, Moussa Faki Mahamat, will present this report. Sudan’s representative and that of IGAD are also expected to make statements.

In its communiqué that rejected the seizure of power by the military as unconstitutional and contrary to established AU norms, the PSC demanded the army to cede authority in favor of such civilian-led authority within 15 days from the date of adoption of the decision. In the language of the communiqué, in the event of the non-transfer of authority to a transitional civilian-led authority at the end of the set time, the provisions of Article 7 (g) of the PSC Protocol involving the suspension of Sudan from the AU would apply. The communiqué stipulated that this application of the measures under Article 7(g) suspension will be automatic.

In his report, Mahamat is expected to update the PSC on what steps he has taken to follow up on the implementation of the communiqué. His report is also expected to update the PSC on the situation in Sudan in general and the state of the transition in particular including most notably the process towards the establishment of a civilian-led transitional authority.

On 16 April Mahamat received a delegation of the Transitional Military Council (TMC). In a statement issued following the meeting, recalling the communiqué adopted by the PSC at its meeting held on 15 April and his own earlier communiqué, he reiterated the AU’s commitment to work with all the Sudanese stakeholders towards a consensual and inclusive transition that meets the aspirations of the people and ensures the stability of the country. Following the meeting, he issued a statement. As a follow up to the PSC communiqué of 15 April, the AUC Chair also undertook a visit to Sudan on 21 April. After the consultations he held with various stakeholders, he issued a statement urging ‘all concerned stakeholders to agree on earnest on a civilian-led and consensual transition’. In the statement, he also expressed his hope ‘to a successful outcome of their ongoing consultations, as he prepares his report to the Peace and Security Council on the evolution of the situation in Sudan, to be submitted by the end of this month, as per the Council’s communiqué of 15 April 2019.’

It is expected that Mahamat’s report would inform the PSC on the views and expectations of the various stakeholders with whom he held consultations during his visit. With respect to the process for the establishment of the civilian-led transitional authority required by the AU norm banning unconstitutional changes of government as provided for in Article 30 of the Constitutive Act and Article 7 of the PSC Protocol, Mahamat is also expected to update the PSC on the state of the negotiations for transferring authority from the army to a civilian-led authority. PSC member states would also be interested to hear Mahamat’s assessment of the challenges and the prospects for the establishment of a civilian-led authority.

Also to feature in Mahamat’s report to the PSC is the consultative summit on the situation in Sudan that was held in Cairo, Egypt. On 23 April, the AU Assembly Chairperson, President Abdel Fatah Al-Sisi, convened a consultative summit of the regional partners of Sudan, which brought together the neighbors of Sudan and the members of the AU Troika, namely Rwanda (outgoing Chair of the AU) and South Africa (the designated chair of the AU for 2020). The consultative meeting having no decision-making power, it did not take a decision, it however made a key recommendation pertaining to the 15 April decision of the PSC. Following the briefing from the representative of the Sudan and AUC Chair following his visit of 21 April, the Consultative meeting recommended that the PSC extends the timeline provided for the Sudanese authorities by three month.

While negotiations between the coalition of protesters and opposition forces, under the umbrella of the Freedom and Change Forces, and the TMC have been underway with intermittent suspension by the Freedom and Change Forces, it has been reported that the negotiations held on 27 April culminated in agreement for joint establishment of a transitional authority. However, major differences have emerged over the composition and form of the transitional authority and the duration of the transitional period. In terms of the composition of the transitional authority to be established consensually, the Freedom and Change Forces demand an authority whose majority members would be composed of civilians while the military sought to have dominant role with limited civilian participation.

In the light of the clear terms of the AU norm banning unconstitutional changes of government, it is expected that the PSC would ensure that this norm and its established practice of upholding this norm are unequivocally respected. Also given the declared unconstitutionality of the military’s seizure of
power and AU’s democratic norms demand to limit the role of the army in politics as the PSC made clear in its intervention in the army’s seizure of power in Burkina Faso in November 2014. One of the issues for Mahamat to advice and for the PSC to clarify is how to define the scope of the role of the military and limit its influence on transitional politics in Sudan as part of the process of the restoration of constitutional order.

As to the duration of the transitional period, the military council proposes two years while the Freedom and Change Forces called for a four years transitional period. The negotiating parties have also to agree on the role or scope of authority of the transitional authority being negotiated. Another, perhaps more important aspect of the issue for PSC decision relates to the proposed extension of the 15 days timeline. According to the terms of the PSC communiqué quoted above, if, at the expiry of the 15 days period, the TMC fails to transfer power to a civilian-led transitional authority, the PSC would apply provisions of Article 7(g) of the PSC Protocol particularly the suspension of Sudan from the AU. This would be automatic. Given
the recommendations of the Consultative Summit held in Cairo to extend the timeline for a period of three months, it is expected that Mahamat would propose extension.

In making a determination on the recommendation of the Consultative Summit for extension of the timeline, there are few issues for the PSC to consider. The first is in the light of the progress being made for the formation of a consensual transitional authority whether it is necessary for the PSC to extend the timeline for as long as the three month period that the Consultative Summit proposed. There is a risk that such prolongation may create conditions that militate against civilian-led transition and lead instead to consolidation by the military of its transitional authority. The other issue is the parameters that the PSC may need to set, when extending the timeline, in terms of the form that the civilian-led transitional authority should take to meet ‘the aspirations of the people of Sudan, as well as to the relevant AU instruments’, in the words of its 15 April communiqué. Finally, the PSC may also need to consider the tasking of the AU High level Panel on Sudan, otherwise known as the Mbeki Panel, or a new envoy of the AUC Chair, to ensure that the negotiations between the Sudanese parties produce the expected outcome before the end of the extended period and help them bridge their differences on such other issues as the duration of the transitional period and the scope of authority/mandate of the transitional authority.

The expected outcome of the session is a communiqué that would outline the period of extension and the conditions to be met for effecting transfer of authority to a civilian-led authority consistent with the applicable norms of the AU.


Briefing on Transnational Organized Crime and Peace and Security in Africa

Amani Africa

Date | 24 April, 2019

Tomorrow (25 April) the African Union (AU) Peace and Security Council (PSC) is scheduled to have its 845th session on Transnational Organized Crime and Peace and Security in Africa. The briefing is expected to be conducted jointly by the Committee of Intelligence and Security Services of Africa (CISSA), AU Mechanism for Police Cooperation (AFRIPOL) and International Criminal Police Organization (INTERPOL).
The session is expected to highlight the need for enhanced cooperation for police agencies and other relevant law enforcement agencies in fighting all forms of organized crime with the aim of promoting peace and security in Africa. The session also presents an opportunity to elaborate on the nature of the threat of transnational organized crime in the continent and highlight the ongoing efforts by AFRIPOL, INTERPOL and CISSA in providing support to member states to fight organized crime in Africa, particularly due to the growing linkage between transnational organized crime and terrorism.

During the 731st meeting held on 8 November 2017 the PSC underlined ‘the direct linkages between terrorism and transnational organized crime particularly in situations where state institutions are weak and lack the necessary capacity to effectively discharge their constitutional mandates’. Among others, organized crime has enhanced the ability of terrorist groups to finance their activities and this has contributed to the proliferation of violent extremist groups in the continent.

Similarly the INTERPOL-ENACT (Enhancing African capacity to respond more effectively to transnational organized crime) report released in December 2018 concluded that crimes are increasingly converging in Africa, underlining how transnational threats cannot be treated in isolation by particularly highlighting the interconnectedness between transnational organized crime and violent extremism. Criminals, terrorists and armed insurgents have benefited from diverse illicit activities and profits, through drug and arms trafficking, people smuggling and wildlife crime. The rapid technological development in Africa including its e-commerce and mobile technologies has come with the inadvertent consequences of the rise of cybercrime and illicit online activities.

Geographically as well organized crime is increasingly interconnected across the region and globally, hence in order to respond effectively to the threats the efforts by member states need to be more coordinated and move beyond national boundaries. In this context, the establishment of AFRIPOL, as a technical body for cooperation among the police agencies of the AU member states play a critical role in providing systematic and structured cooperation among police agencies in the continent. This has also been recognized by the PSC 731st session which underlined the importance of ‘collective security approaches in the fight against terrorism and transnational organized crime… and the core need for information and intelligence sharing among the relevant security agencies of the member states’.

Towards fostering regional cooperation the PSC, at its 687th meeting held in May 2017, requested the African Centre for the Study and Research on Terrorism (ACSRT), CISSA and AFRIPOL in partnership with other stakeholders to develop a five year strategic roadmap for the prevention and combating of terrorism and violent extremism. This is expected to advance synergies and coherence among partners and mandate holders, by preventing duplication of efforts. Tomorrow’s session will also offer an opportunity to discuss ongoing efforts and coordination among the various institutes towards the common goal of fighting organized crime the interrelated activities of terrorism and violence extremism. In line with the PSC decision, AFRIPOL and CISSA may provide update on the development of the roadmap.

Similarly these efforts of coordination can be further enhanced by following up on the PSC decision that has requested the Commission to urgently prepare and submit to the Council, an updated matrix of status of implementation of all decisions adopted by Council including on transnational organized crime. The PSC may also recall this previous decision and follow up on the activities of the Commission.

The evolving nature of transnational organized crime requires that member states continue to review and update their responses in line with the changing environment. In this regard the briefing is expected to provide an overview of how INTERPOL and AFRIPOL work closely with member states towards strengthening the capacities of the national police agencies in adopting a comprehensive approach that takes into consideration the transnational nature of organized crime. The agreement signed between the AU and INTERPOL in January 2019, is also in recognition of the borderless nature of organized crime and to enhance cooperation between INTERPOL and AFRIPOL in areas of common interest, including in the exchange of data and information, technical cooperation, and training and capacity building.

It is also worth noting that transnational organized crime and illicit economy have become extremely complex and continue to evolve. The overlaps between the licit and illicit economies are significant, and it becomes increasingly difficult to draw distinction between them. Hence this requires coordination beyond law enforcement authorities by also building close cooperation with financial institutions, legal entities performing legal and financial services and financial intelligence offices. In this regard, the 749th PSC session that was held at heads of state and government level have called on ‘member states to take the required measures to dry up the flow of terrorism financing, by cutting the links between terrorist organizations and organized crime, including trafficking, smuggling and illicit trade.’

The situation is even more intricate with the increasing trends of criminal networks operating in Africa but with the support of criminals from outside the continent engaged in the various forms of crimes of trafficking and smuggling of illicit products and resources. The continent is becoming more entangled in a global network of illicit economic networks. This key aspect necessitates the shift from traditional responses towards organized crime that are designed to operate within national borders towards evidence based and coordinated approach at regional and global level.

The expected outcome is a press statement. The PSC may provide strategic guidance to member states, Regional Economic Communities/ Regional Mechanisms, and the AUC on ways to strengthen the capacities of the police authorities and agencies in combating transnational organized crime and deter its impact on the peace and security of the continent.


Briefing on the Security Sector Reform in the Gambia

Amani Africa

Date | 24 April, 2019

Tomorrow (April 24) the African Union (AU) Peace and Security Council is scheduled to have a briefing on the Security Sector Reform in The Gambia. The Council is expected to receive a briefing from the Acting Director of the Peace and Security Department Admore Kambudzi on the status and progress of implementation of the SSR in the Gambia.

This meeting will mark the first time where the PSC will have a session dedicated to the SSR reform of the Gambia following the 694th PSC meeting in 2017. The PSC is expected to receive a status update on the developments of the reform undertaken since September 2017, the launch of the SSR process by the Gambian government in partnership with the UN, AU, ECOWAS and partner organizations. The SSR is a key priority for the efforts in stabilizing the country in order to sustain peace. Security institutions in The Gambia include the armed forces, police, immigration service, customs, correction service, and intelligence service and drug and law enforcement.

Following the request of support by the Gambian government to the PSC on 29 March 2017, an AU led Technical and Multi- Disciplinary Needs Assessment Mission to The Gambia was undertaken, from 13 to 19 May 2017. The mission led by Pierre Buyoya, AU High Representative for Mali and the Sahel was composed of the UN, ECOWAS and EU delegations to Banjul. The team was received by Adama Barrow, President of the Republic of The Gambia. The President requested for financial and technical support in the areas of training
Insights on the Peace and Security Counciland professionalization of the justice, defense and security sectors. He also underlined the significant role of the ECOWAS mission in the Gambia (ECOMIG) troops in stabilizing the country and the importance of providing adequate support to facilitate the fulfillment of their mandate. The main purpose of the Joint ECOWAS, EU and UN mission was to coordinate efforts for a coherent approach in supporting the security sector reform process in The Gambia.

Subsequent to these developments, at its 694th session the PSC has considered the report of the assessment mission and called on the ‘AU, in coordination with ECOWAS, to provide policy guidance support to the Gambian authorities on the identified priority areas of national dialogue and reconciliation, security sector reform, and socio-economic transformation’. The Council further called on the Commission to provide all necessary support for SSR process in The Gambia, including the immediate secondment, by AU member states through their own expenses, of five staff officers to support the reorganization of The Gambian Armed Forces. Following this decision in September 2018 the AU had deployed the staff to facilitate the SSR process.

It is also critical to note that SSR reform should be undertaken in coordination with other sectors. This was also noted during the launch of the SSR reform where the SRSG stated that the SSR reform should be complemented and further enhanced by constitutional and institutional reform and with the establishment of transitional justice mechanisms, in order to promote social cohesion, stability, peace and security. In deed the SSR program places the reform of security institutions within the broader framework of restoring the rule of law and deepening democracy. The priority areas of Gambia’s reform program which are captured in its 2018–2021 National Development Plan (NDP) adopted in January 2018 indentifies key sectors including restoring the rule of law, deepening democracy, advancing transitional justice, and transforming the security sector. The PSC session is expected to shed light on the SSR and its interaction with complementary areas.

According to the UN Secretary General report the Government of the Gambia has made progress in a number of reform processes in the country including in SSR, however the ‘process was affected by challenges related to strategic direction and national coordination’. The report also noted the security sector assessment that was undertaken by the national working group on SSR, with the support of the UN, and was endorsed by the Government in February 2018. Subsequently, the first meeting of the SSR steering committee took place in April 2018. The meeting was chaired by the Vice-President of the Gambia and consulted on the next steps in the reform process. In July 2018, the Special Representative of the Secretary-General (SRSG) for West Africa and the Sahel, and head of UNOWAS undertook a joint mission to the Gambia with the President of the ECOWAS Commission, Jean-Claude Brou. The discussions focused among other issues on the SSR process.

Similarly the AUC Chairperson has conducted a visit in The Gambia in October 2018. The visit was both strategic and symbolic given that it was the first ever visit by sitting chair of the
Organization of African Unity (OAU)/AU to The Gambia, since its independence. But it also addressed the priority areas for partnership between the AU and the government on the reform process. The deployment of the AU
Technical Support Team comprising military, human rights and rule of law experts was welcomed by the government authorities. It was also agreed that the ‘AU and the Gambian authorities will work together to mobilize further support to The Gambia in strengthening its institutions, pursuing security sector reform, drawing on the capacity of its Diaspora, enhancing the capacity of the civil service’.

The Gambia, although has not emerged from a conflict it is framed within a Post Conflict Reconstruction and Development (PCRD) context given that it is a post-crisis situation whereby SSR reforms are applicable. Hence the reform in the Gambia should be viewed in relation to a post-crisis context rather than a post-conflict one. Tomorrow’s PSC session on the Gambia offers an opportunity to provide an update on AU’s role particularly through the seconded technical staff in the implementations of the SSR reform. The briefing is expected to provide an overview of the activities undertaken so far since the deployment of the staff in September, the challenges that are encountered in the reform process and the way forward.

SSR remains as a critical political process that requires a strong leadership and will of the highest state authorities. The institutional reform is expected to secure the independence of the security sector institutions in discharging their mandate. The government has also made strides by validating the National reform process. The deployment of the AU Technical Support Team comprising military, human rights and rule of law experts was welcomed by the government authorities. It was also agreed that the ‘AU and the Gambian authorities will work together to mobilize further support to The Gambia in strengthening its institutions, pursuing security sector reform, drawing on the capacity of its Diaspora, enhancing the capacity of the civil service’. Security Policy in October 2018 to articulate a defined approach and a response system towards peace first ever visit by a sitting Chair of the and security. Organization of African Unity (OAU)/AU to The The expected outcome of the session is a press statement. The session is anticipated to garner political support from the PSC towards the ongoing SSR efforts. This is also expected to support the mobilization of sustainable funding for the reform.