Interaction between the Peace and Security Council and the African Union Commission
Amani Africa
Date | 16 September, 2019
Tomorrow (16 September) the African Union (AU) Peace and Security Council (PSC) is expected to hold an interaction with the AU Commission at 3pm. The Chairperson of the AU Commission, Commissioner for Peace and Security, the Commissioner for Political Affairs and the Commissioner for Rural Economy and Agriculture are expected to participate in the interactive discussion.
The various departments of the Commission have reported and briefed the Council in their respective areas of expertise. Tomorrow’s session aims at assessing the current methods of engagement and based on that to identify ways of enhancing and systematizing the relationship to ensure a more coordinated and regular collaboration between the PSC and AUC.
The issues expected to be discussed during tomorrow’s session include the level of effective execution by the AUC of its roles vis‐à‐vis the peace and security agenda of the AU and review of existing methods of interaction between the PSC and the AUC. In discussing these different issues, consideration is given to the various roles of the AUC.
The AUC as the secretariat of the Union has the responsibility of providing operational support to the PSC. In this respect, the roles of the AUC include preparing reports, briefing notes, other working documents of the PSC and keeping summary records of the meetings of the PSC, to enable the PSC and its subsidiary bodies to perform their functions effectively. Similarly, the PSC protocol recognizes the wide range of roles and responsibilities of the AUC under the leadership of the AUC Chairperson in terms of conflict prevention, agenda setting, and following up on the implementation of the PSC decisions.
In line with the roles and responsibilities identified in article 7 and 10 of the PSC protocol, it would be of interest for the PSC to hear the Chairperson in providing an assessment on how the Commission has discharged its responsibilities in these set standards and in providing operational support for the PSC’s mandate. Consideration is also to be had on strengthening the level and quality as well as predictability of interaction in all phases of conflict from prevention, management and post‐conflict reconstruction as appropriate through the AUC Chairperson, Commissioners, the AUC Departments or the special envoys or representatives of the AUC Chairperson.
Another area for discussion during tomorrow’s session is the role of the various departments of the AUC. In its retreat held in Swakopmund in 2015 the PSC highlighted the need to work closely with a number of actors in order to maintain peace and security in line African Peace and Security Architecture. Towards enhancing conflict prevention, the PSC stressed the need for the department of Political Affairs to ‘attend all PSC meetings and provide regular briefings including those focusing on early warning aspects to the PSC’. Similarly, the Council called on the AUC to ‘intensify its efforts in the area of PCRD, including submission of a report as decided by the Council, on the status of the AU PCRD architecture’. The Council has also tasked the Commission to regularly report on the operationalization of both African Peace and Security Architecture (APSA) and African Governance Architecture (AGA).
Given the complementarity of the Departments of Peace and Security (PSD) and Political Affairs (DPA) and the decision within the framework of the reform of the AU to merge the two departments in 2021, tomorrow’s session is also expected to discuss the measures being taken towards smooth process of consolidating the two departments and managing the PSC’s interaction with both departments. The two departments may provide an update on the plans for the merger of the two departments and where the merger process stands.
Tomorrow’s session may also delve into addressing technical and operational issues. Although the various departments provide reports and briefing upon the request of the PSC, the interaction may also be critical in ensuring that the engagements are not ad‐hoc or reactive. In this regard, an issue for discussion is reviewing the working arrangements in terms of the relationship between the PSC and the AUC. These include the role of the AUC in terms of the drafting of the outcome documents of the PSC, in following up with the decisions of the PSC including timely delivery of briefings requested to be delivered within a set time frame, provision of updates on PSC decisions and the predictability in the timely submissions of the reports of the AUC Chairperson. Also significant is the availability of an effectively functioning process for sharing early warning analysis with the PSC and provision of updates on outcomes of PSC sessions requiring follow up.
In this context the PSC and the Commission may wish to agree on preparing calendar of activities on delivery of time specific briefings, updates on previous decisions and on submission of reports of the AUC Chairperson that could feature in the monthly work plan in addition to the other agenda items proposed by the rotating chairs. This will also be a critical step in ensuring the continuity of proper follow up of decisions and to prevent interruption when monthly chairs rotate. This exercise may enable the monthly chairs of the PSC to build on decisions and deliberation from previous month and contribute to their implementation and predictable working practice of the PSC.
The interaction will also offer the Council to map the in‐house capacity in the Commission and ways to adequately make use of the expertise and knowledge of staff in the Commission to ensure informed decision‐making process. This will also essential in addressing siloes and foster inter‐departmental coordination, information sharing and complementarity. It will also enable the PSC and Commission to utilize existing capacity and resources.
In addition to the responsibilities of the departments, the role of AU offices located in various African member states may also be discussed. The PSC may also stress the critical role of its Secretariat. The PSC Secretariat has a wide role in not only following up on the decisions of the Council but also in arranging the meetings of the PSC, preparing the working documents, and keeping records of PSC meetings. By tapping into the vast expertise in the Commission and various offices of the AU, the Secretariat also helps in enabling the PSC to receive the technical inputs that boost the decision‐making process. The Secretariat is in key position in bridging the information sharing and coordination mechanism between the Council with departments in the Commission including those participating in tomorrow’s session.
In this regard and recognizing the expanding role and responsibilities of its Secretariat, the PSC may wish to propose ways of enhancing its capacity. The secretariat has been coordinating the activities of the Council and the operationalization of the ambitious mandate of the Council with limited capacity.
The expected outcome is a communiqué. The PSC may commend the Commission for its efforts in supporting the mandate of the Council. It may call on the Commission to support continuous collaboration through reporting and regular briefing by departments. It may identify calendar of activities that will ensure predictable interaction, bring continuity in the work of the PSC and foster cooperative and more institutionalized interaction with the Commission. It may also highlight on the need to enhance the capacity of its secretariat. In the light of the impending merger of the PSD and DPA, the PSC could request the AUC to present to it a report on the plan and timelines for the merger. It is also expected to decide on having a regular interactive session with the Commission to follow up on tomorrow’s session and institutionalize the assessment of the working relationship between the two.
PEACE AND SECURITY COUNCIL 879TH MEETING
Amani Africa
Date | 11, September 2019
Addis Ababa, Ethiopia
COMMUNIQUÉ
Adopted by the Peace and Security Council, under the Chairmanship of the Kingdom of Morocco, during its 879th meeting held on 11 September 2019 on acts of xenophobic violence against African migrants in South Africa.
The Peace and Security Council,
Noting the statement made by the Permanent Representative of the Republic of South Africa to the African Union, H.E. Ambassador Ndumiso Ntshinga, on the recent acts of xenophobic violence against other Africans in some of parts South Africa;
Recalling the previous decisions of the Council on xenophobic violence, in particular, the Press Statement PSC/PR/COMM.1 (DIII) adopted at its 503rd meeting held on 30 April 2015, in which the Council recommended the convening of a special session devoted to the issue of migration and its related challenges, with a view to enhancing African collective efforts to find comprehensive and lasting solutions to xenophobic violence;
Expressing sincere condolences to the families of those who have lost their lives as a result of the acts of xenophobic violence in some parts of South Africa, wishing quick recovery to those who have sustained injuries and expressing solidarity with the victims of recent acts of xenophobic violence in South Africa;
Reaffirming its commitment and readiness to continue supporting efforts by the Government of South Africa, in its resolved determination, to address this situation, through the promotion of African solutions to African problems, including the use of relevant AU principles;
Recalling all the relevant AU and international instruments, including the Universal Declaration on Human Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which guarantee their fundamental human rights, including freedom of movement;
Acting under Article 7 of its Protocol, the Peace and Security Council:
1. Condemns in the strongest terms possible the recent acts of xenophobic violence against foreign migrants living in South Africa, which cannot be justified under any circumstances; expresses total rejection of xenophobia in all its forms and manifestations across the Continent;
2. Also condemns in the strongest terms the reported cases of retaliatory violence against South African nationals and their properties in other countries within the Continent, and strongly appeals to the people and Governments of the countries concerned to exercise maximum restraint and avoid any action that could escalate the current situation;
3. Commends the Government of South Africa for its determination to prevent further escalation of the situation and urges the Government of South Africa, with all countries concerned, to take all necessary steps, in a collective manner, to holistically address the fundamental root causes of the acts of xenophobic violence; in this regard, underlines the fact that the recent events in South Africa, once again, stresses the urgency and need for the AU to take concrete steps in order to provide a collective and comprehensive response for durable solutions to address the issue of xenophobia at continental level, based on the need for enhanced coordination and cooperation,
4. Also commends all those Member States which are already working in close collaboration with the Government of South Africa in addressing the situation at hand and encourages all other Member States with nationals living in South Africa, to also engage and collaborate with the Government of South Africa.
5. In this regard, and in support to the on-going actions between the Governments of South Africa and concerned countries, underlines the necessity for all member States to support these actions and to contribute to preventing the escalation of the situation; and underlines also that social media should play a constructive role with a view to appeasing tensions in the communities;
6. Fully acknowledges the legitimate concerns of the people and Government of South Africa and the socio-economic challenges it faces, and the challenges faced in addressing the issue of undocumented migrants living in the country, urges the Government of South Africa and those countries concerned to provide protection for all foreign nationals and their properties from any form of attack, in conformity with AU and International instruments, notably the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families ;
7. Underscores the importance of holistically addressing the underlying fundamental root causes of xenophobia in Africa; and in this context, emphasizes the need for Member States to further enhance their national early warning and early response capacities, as well as to share experiences, lessons learnt and best practices in addressing xenophobia;
8. Stresses the need for enhanced coordination and cooperation, in particular between the countries of origin, transit countries and the host countries, in addressing the issue of irregular migration;
9. Requests the Chairperson of the AU Commission to fully engage the Government of South Africa on the recent acts of xenophobic violence, in order to assess the situation of African migrants in this country, including the measures taken by the Government of South Africa and urges the AU Commission to expedite the holding of a continental conference, in collaboration with all AU member States, that will serve as a platform for all AU Member States to thoroughly highlight the issue of xenophobia, including its root causes with a view to finding a collective continental approach on how best to prevent its recurrence on the continent; further requests AUC Chairperson to report on the conclusion of the Conference to the PSC and subsequently to the AU Assembly;
10. Decides to remain actively seized of the matter.
Xenophobic Attacks Affecting Nationals of other African Countries in South Africa
Amani Africa
Date | 11 September, 2019
Tomorrow (11 September) the African Union (AU) Peace and Security Council (PSC) is scheduled to hold a session on xenophobic attacks affecting nationals of other African countries in South Africa. It is expected that the Ambassador of South Africa will address the PCS.
This session was initiated following the recent resurgence of attacks in South Africa against foreign nationals, particularly those coming from other African countries. According to reports, since the beginning of September, xenophobic attacks targeting businesses suspected of being owned by foreign nationals have been looted and vandalized in parts of Johannesburg, Pretoria and Cape Town. During the round of attacks that took place on 8 September, attackers moving in organized groups chanting ‘foreigners must go’ attacked a mosque and looted and burnt shops. Apart from the insecurity and disruption of the livelihood of non-nationals, the various rounds of attacks have thus far resulted in the death of 12 people. According to the government of South Africa, 10 out of the 12 people who lost their lives were South Africans.
The attacks in particular affected nationals from Nigeria, Somalia, Ethiopia, and Zambia, among others. This has led to diplomatic tensions between South Africa and African countries whose nationals have been affected. On 2 September Nigeria summoned South Africa’s envoy in Nigeria to express its protest of the attacks targeting Nigerians in South Africa. After meeting South African Ambassador in Addis Ababa at the Ministry of Foreign Affairs, Ethiopia’s state minister for foreign affairs, condemning the recent attacks, urged South Africa to enhance protection for Ethiopians.
Zambian President Edgar Lungu reportedly went further urging the South African Development Community and the AU to intervene ‘before this xenophobia degenerates into full-scale genocide’. He also expressed fear that ‘this carnage has potential to destabilise African unity’.
This is not the first time that such attacks have been perpetrated against foreigners, particularly those from other African countries. Dozens of people were killed in anti-foreigner attacks in 2008 and 2015.
When attacks took place in 2015, the PSC held a session on the issue at its 503rd meeting on 30 April 2015. In the press statement it issued after the session, the PSC not only condemned the attacks but also ‘underlined the need for a comprehensive approach to these challenges, taking into account the constraints of Member States, the imperative to respect the rights of migrants and ensure their humane treatment, as well as the overall objective of achieving freedom of movement across the continent, as one of the main components of the integration agenda of the Union.’
Faki Mahamat, issued a statement. Condemning what he called ‘the incidents of violence against nationals of fellow African countries in South Africa, including the looting and destruction of their property,’ the Chairperson also called for ‘further immediate steps to protect the lives of people and their property, ensure that all perpetrators are brought to account for their acts, and that justice be done to those who suffered economic and other losses.’ On its part the African Commission on Human and Peoples’ Rights also After the resurgence of the attacks since the start of the month, AU Commission Chairperson, Moussa issued a statement strongly condemning the resurgence of these xenophobic violent attacks as acts that not only constitute possible violations of the African Charter on Human and Peoples’ Rights (the African Charter) but are also contrary to the principles and ideals of African solidarity cherished in the African Charter.
While the reactions from some corners of South Africa was seen as extending support to the attacks, various officials of the Government of South Africa expressed their rejection of the attacks. President Cyril Ramaphosa in his response stated that “attacks on foreign nationals is something totally unacceptable, something that we cannot allow to happen in South Africa”. It was also reported that police arrested over 200 people for participating in the xenophobic attacks.
There are a number of concerns that some members in the PSC raise. The first relate to the threat that the incidents of attacks represent including in undermining peaceful coexistence. There are also concerns about the recurrence of the attacks and the risk of the attacks continuing, hence the need for interventions that properly address the conditions and drivers of the xenophobic attacks, affecting in particular nationals from other African countries. Concerns about the adequacy of the response of law enforcement agencies are also expressed.
There are PSC members who expect to know what South Africa plans to do differently to deal with the current resurgence of xenophobic attacks from previous incidents to avoid its recurrence, including carrying out investigations into what happened and the causes and drivers of the attacks. Of particular interest is the need for putting in place measure to deal with anti-foreign sentiments, directed particularly against nationals from other African Countries including and how South Africa can collaborate with other countries, among others, to use the values of African solidarity and Ubuntu for promoting peaceful coexistence.
Beyond condemnation of the attacks and expressing solidarity with victims, for the PSC and AU member states the need for promoting African solidarity including the promotion of free movement of people remains a key issue. Accordingly, building on its call from its 503rd session for pursuing the overall objective of achieving freedom of movement across the continent, as one of the main components of the integration agenda of the Union, this presents an opportunity for highlighting the imperative of ratifying the 2016 AU protocol on free movement of peoples.
The expected outcome of the session is a press statement. The statement is expected to welcome the statement of the AUC Chair and the measures being taken by the South African government to manage the situation. In terms of immediate actions, it may call on South Africa to initiate investigation to identify the cause and drivers of the violence with a view to put in place measures that prevent its recurrence. It may also reiterate its earlier call for a special session devoted to the issue of migration and its related challenges, with a view to agreeing to an enhanced African collective effort, on the basis of a report to be submitted by the Commission.
Climate change and its impact on Island States in Africa
Amani Africa
Date | 09 September, 2019
Tomorrow (10 September) the African Union (AU) Peace and Security Council (PSC) will hold an open session on climate change and its impact on Island States in Africa.
The AU Commission, particularly the Department of Rural Economy and Agriculture and a representative from the UN may brief the Council. Representatives from Island States in Africa may also deliver their statements.
The PSC has increasingly addressed the issue of climate change and its impact on peace and security. At its 828th session it highlighted that ‘climate change is an existential multidimensional and multi-layered threat to local, national, regional and continental peace, security and stability’. The 864th session has also examined the humanitarian angle of climate change induced disasters.
Building on these PSC meetings, tomorrow’s session aims at particularly addressing the unique challenges faced by Island States. The presentation by the AUC may provide an overview of the efforts and activities undertaken in the area of climate change particularly in the finalization of the African Climate Change Strategy. The presentation may also delve into how the strategy will aim at reflecting the particular needs of island states.
Although tomorrow’s session covers issues of climate change wider than those relating to the mandate of the PSC, it could frame and focus its discussions in line with its mandate in facilitating ‘humanitarian action and disaster management’ in accordance with Article 7(p) of the PSC Protocol. Particularly in relation to disaster related displacement, the PSC through complementary bodies including the African Standby Force may play a role in the management of disasters affecting Island States building on its session of 6 August on ‘Natural and other disasters and peace and security in Africa’.
The discussions may also draw on the United Nations Economic Commission for Africa (UNECA) assessment missions undertaken in the six African Small Island Developing States (SIDS) namely Cape Verde, Comoros, Guinea Bissau, Mauritius, Sao Tome and Principe and the Seychelles starting from 2014. The mission report has stressed the vulnerability of SIDS to extreme events both sudden onset disasters including cyclones and to slow onset processes such as sea level rise. These challenges will require robust resilience and adaptation mechanisms as well as institutional arrangements for predicting and responding to climate change events particularly affecting such states.
When Cyclone Keneth hit the east and South-eastern coast of Africa last April causing death of many people and destruction, it affected not only countries on mainland Africa including Malawi, Mozambique and Tanzania but also island states particularly Comoros, Madagascar and Seychelles. This event has shown presents solid evidence on the threat of climate change induced disasters facing island states highlighted in the UNECA assessment.
The assessment report also highlighted that despite common characteristics, there are variations in terms of impact and capacity among the SIDS. While Cape Verde, Mauritius and Seychelles have better management and response capacity, the other SIDS may need particular attention in boosting their coping capacity.
In an effort of building regional support the first conference of the African SIDS and Madagascar (SIDSAM) held in 2016 officially formalized the creation of the African group of SIDS plus Madagascar.
In enhancing these efforts and drawing linkage with the mandate of the PSC on peace and security and humanitarian action, the PSC may recall its 774th session in which it has requested the AUC, ‘within the context of the implementation of the African Peace and Security Architecture (APSA), to undertake a study on the nexus between climate change and peace and security in the continent with a particular attention on the plight of Island Member States.’ The study may examine the various initiatives that have been undertaken in resilience and adaptation but also in terms of the threats it poses on some of the particu vulnerabilities facing island states of the continent.
Tomorrow’s session may recall its previous decisions on climate change with a view to ensuring the needs and experiences of Island States is also well captured in the various climate change related engagements of the AU including in the work of the African Group of Negotiators on Climate Change as provided for in its 774th session outcome document.
In this context the PSC may also reiterate its 864th session on the ‘need to expedite the finalization of the necessary institutional framework, with a view to expediting the operationalization of the PRC Sub-Committee on Climate Change’. This will be a critical step in supporting the mandate of PSC in deliberating on peace and security matters in the context and experience of SIDS. The sub-committee may play a wide role in tabling key issues that require the immediate attention of the PSC.
The early warning mechanism which are utilized for peace and security purposes may also expand towards incorporating indicators for purposes of climate change induced disaster and human crisis. The PSC may also receive early-warning briefings that are specific to the risks associated with SIDS and on how their vulnerability may also be a cause of insecurity. The early warning team in close collaboration with the PRC sub-committee on climate change (once operationalized) and the climate change and disaster risk reduction divisions of the AUC, may provide the PSC up-to-date and regular briefings and data on the status of SIDS.
The PSC may utilize the session not only to remind the need for regional cooperation and solidary but also to highlight the need to fulfil global commitments towards mitigation and adaptation support to developing countries by developed countries.
The session is taking place ahead of the high-level UN Climate Action Summit to be convened in September 2019 by the UN Secretary General. The PSC may particularly take advantage of the timing to craft key messages that can inform the summit in considering the vulnerabilities experienced by African SIDS. The expected outcome is a press statement. The PSC may stress the special vulnerabilities faced by Island States particularly SIDS due to the effects of climate change. It may call on for the speedy operationalization of existing mechanisms and institutions namely the AU Climate Change Strategy and the PRC sub-committee on climate change. The PSC may also express support for the SIDSAM group of states and their initiatives for addressing the particular challenges facing them as a result of climate change. It may also reiterate and call on AUC to finalize the study on nexus between climate change and peace and security with a dimension addressing the needs of African island states.
Briefing on the Situation in Sudan
Amani Africa
Date | 6 September, 2019
Tomorrow (6 September) at 3pm the African Union (AU) Peace and Security Council (PSC) will hold a session on the situation in Sudan. Although it was not included in the program of work of the PSC initially, it was included on the agenda on the request of the AU Commission (AUC) Chairperson. Moussa Faki Mahamat, AUC Chairperson, is expected to brief the PSC. As per established PSC practice, the representatives of Sudan, and Ethiopia, as Chair of the regional body the Inter-Governmental Authority on Development (IGAD), are also expected to make statements.
The main agenda of the session is to review the transition process in Sudan and consider the lifting of the suspension of Sudan from the activities of the AU. It is to be recalled the PSC during its 854th session of 6 June 2019 took a decision suspending Sudan from participating in the activities of the AU. The major consideration for deciding to suspend Sudan as the PSC put was ‘the lack of progress, since its (PSC’s) initial meeting following the Coup d’Etat of 11 April 2019 in Sudan, towards the establishment of a civilian-led Transitional Authority as demanded by Council’. The PSC reached at this assessment following the illegal use of force by security forces on 3 June 2019 that led to the killing of large number of unarmed civilians in Khartoum. This manifested not only the lack of progress in the negotiation process between the Transitional Military Council (TMC), that seized power on 11 April unconstitutionally, and he Forces for Declaration of Freedom and Change (FDFC), which represented the protesters and various opposition forces, but also resulted in the suspension of the negotiation process. An announcement was also made by the TMC rescinding agreements reached between the parties when the process broke down at the end of May. While suspending Sudan, the PSC not only rejected ‘the unilateral actions taken by the Transitional Military Council, notably the suspension of dialogue with other Sudanese stakeholders’ but also demanded that ‘the Transitional Military Council and all other concerned Sudanese stakeholders abide by previously reached agreements on the setting up of a civilian-led Transitional Authority’.
Additionally, in demanding ‘the immediate resumption of negotiations, without pre-conditions, between all Sudanese stakeholders towards the establishment of a civilian-led Transitional Authority,’ the PSC tasked the AU Commission Chairperson to immediately take the necessary measures to further strengthen the AU Facilitation Team in Sudan and to liaise closely with the IGAD ‘in bringing together the Sudanese stakeholders back to dialogue, in order to put in place a civilian-led Transitional Authority.’
Accordingly, notwithstanding the suspension the AU working together with Ethiopia, current Chair of IGAD, continued to engage the TMC and the FDFC for resumption of talks. In attempt to break the stalemate in the negotiation over the composition, power and leadership of the sovereign council, a body proposed to be in charge of Sudan during the transition process, Prime Minister Abiy Ahmed of Ethiopia following a visit to Khartoum tabled a compromise proposal. While the FDFC accepted the compromise proposal, the TMC agreed to resume negotiations on the basis of a reformulated AUEthiopia proposal submitted to the parties at the end of June.
The first breakthrough happened on 5 July when the two sides agreed on the composition, power and leadership of the sovereign council. What has been agreed between the two sides was a power-sharing deal that allows the military instead of transferring power to a civilian-led transitional authority to be part of a negotiated transitional authority sharing power with the civilians. In a statement that he issued on 5 July, AUC Chairperson welcomed the agreement reached. The parties continued negotiations over the constitutional declaration, the constitutional document for the transitional period.
They reached an agreement and initialed the constitutional declaration on 4 August. While welcoming the initialization of the constitutional declarations in a statement he issued on 5 August, AUC Chairperson recognized it as a development that ‘lays the foundations for a democratic transition with a civilian-led government and is an important achievement for Africa in its desire to solve its own problems.’ He also went on to call on ‘all bilateral and multilateral partners to redouble their efforts to provide Sudan and its transitional authorities with the necessary support during this key phase of the country’s history.’
In a major development signifying the conclusions of the mediation process for establishment of a negotiated transitional government, the two parties officially signed the Constitutional Declaration on 17 August, marking the beginning of the three-year transitional period agreed between the parties. On 21 August, the leader of the TMC, Lt-Gen Abdel Fattah Abdelrahman Burhan, has been sworn in as leader of the newly established sovereign council. The other members of the Council were also sworn in on the same day. While the TMC’s reign came to an end, the leadership of the TMC was integrated into the Sovereign Council.
An important development in the implementation of the Constitutional Declaration was the naming of the new Prime Minister, Abdalla Hamdok, who was sworn in on 22 August. The various relevant transitional institutions namely the cabinet and the legislative body of the transitional government have as yet to be in place.
With the progress that has been made both in the negotiation process and importantly in the implementation of the Constitutional Declarations, the expectation is that AUC Chairperson will in his briefing as significant achievements warranting commendation and understandably recommend to the PSC to consider the lifting of the suspension of Sudan. This would also be consistent with his earlier appeal from his statement of 5 August to all multilateral and bilateral partners of Sudan to extend support to the transitional government.
In its decisions since 15 April including in its communique of the 854th session, the PSC demanded the transfer of power by the TMC to a civilian-led transitional authority. This the PSC considered to be the path for Sudan to get out of not only the political crisis but also to end the
unconstitutional seizure of power by the military. While the progress made in the transitional process in Sudan is significant and PSC members would welcome the various milestones achieved, there remain member states of the PSC who are unsure of whether the requirements set for lifting of suspension after unconstitutional changes of government took place.
From the practice of the PSC so far, three trends can be discerned in terms of lifting of suspension for unconstitutional changes of government. In rare cases, as was the case in 1997 in Sierra Leone suspension is lifted on the reinstatement of the government that was unconstitutionally deposed. As experiences, among others, in Madagascar, Guinea Bissau and in the Central African Republic show, the
most common rout for lifting of suspension from AU activities is the establishment of a democratically elected government, seen as a clear mark of restoration of constitutional order. Since what the PSC requested in its decisions was transfer of power to a civilian-led authority, these two avenues will not be applicable to the case of Sudan. The third avenue for lifting of suspension before elections are held is on the establishment of an agreed transitional government as the PSC did for Mali in October 2012.
Clearly if past practice of the PSC is any guide, this third path is the one most fit for the situation in Sudan. This depends on the determination by the PSC of whether ‘effective establishment of civilianled transitional authority’ has been achieved. As noted above, instead of being a fully civilian-led transitional authority, the transitional government, as a product of a power-sharing deal with the TMC, is more civilian in its composition with the military enjoying leadership of the Sovereign Council. Also the leader of the TMC remains to be the leader of the Sovereign Council. As far as the full implementation of the transitional institutions of government is concerned, some of the major institutions such as the legislative council and the constitutional court are yet to be put in place. The cabinet is also in the process of being formed. Another issue for consideration is the establishment of the independent investigation into the killings of 3 June provided for in the communique of the 854th session of the PSC. Indeed, given that it was the AUC Chairperson that the communique tasked to initiate the investigation process, this would be one of the issues on which Faki is expected to update the PSC.
It is evident that the continuing role of the leadership of the TMC in the new transitional government and the unfinished process of the establishment of some of the important institutions
of the transitional government do not exactly reflect ‘effective establishment of civilian-led transitional authority’. Yet, it is difficult to reject the continuing presence of the leadership of the TMC in the newly established transitional government given that the transitional authority was established based on negotiations sanctioned by the PSC, facilitated by the AU Commission and accepted by the civilian stakeholders of Sudan. An area where there is concern on the part of some PSC members that it may be premature to lift suspension relate to the non-completion of the establishment of some of the key institutions of the transitional government and hence they may wish to wait until the cabinet, the legislative council and the constitutional court are constituted.
They may also wish to see progress in the independent investigation into the killings of unarmed civilians by security forces on 3 June as provided for in the PSC communique. However, the
overall sentiment and inclination in the PSC seem to be to encourage the commendable progress made thus far by lifting the suspension. The expected outcome of the session is a communique. If the PSC ultimately opts for the lifting of the suspension, it may however demand for ensuring optimal satisfaction of the terms set in its communique of the 854th session that the transitional government allows and ensures that the independent investigations to be carried out.
