VTC Session on AU Guidelines on Elections in the context of COVID-19
Amani Africa
Date | 29 January, 2021
Tomorrow (29 January) African Union (AU) Peace and Security Council (PSC) will have its 977th session on the AU guidelines on elections in the context of COVID-19 pandemic and other public health emergencies. The session is expected to take place through VTC.
Permanent Representative of the Republic of Senegal, Baye Moctar Diop, will make opening remarks in his capacity as the PSC chair of the month. The Commissioner of the Political Affairs of the AU, Minata Samate Cessouma and Director of the Africa Centres for Disease Control and Prevention (Africa CDC), Dr. John Nkengasong, are also expected to brief the Council.
At its 935th meeting convened on 9 July 2020, the PSC requested the AU Commission to provide a regular briefings to the Council on elections in Africa and ‘expedite the development of guidelines for the organization of credible elections, in the context of public health emergencies and humanitarian disasters’. Tomorrow’s session provides the Council the opportunity to follow up on this request and consider ‘African Union guidelines for elections during COVID-19 and other public health emergencies’, which has been developed by the Department of Political Affairs (DPA) of the AU Commission.
In her presentation, Commissioner Samate is likely to mention the May 2020 DPA’s briefing to the Permanent Representatives Committee (PRC) of the AU on the impact of COVID-19 on elections in Africa where the PRC noted the lack of a common guiding framework for the conduct of elections in the context of COVID-19 and other public health emergencies (PHEs). It is also worth recalling that one of the recommendations that culminated from the May 2020 peer-learning consultative meeting of the African Election Management Bodies (EMBs) on Covid-19 and election in Africa, which was convened by the DPA in collaboration with the Association of African Electoral Authorities (AAEA) and EMBs Networks of Regional Economic Communities (RECs), has been for the AU to develop guideline on the issue.
The briefing may shed light on the context that necessitates the preparation of the guideline. The outbreak of the COVID-19 pandemic has presented a dilemma to member states that on one hand they need to hold a periodic and credible election, but on the other hand, they have the responsibility to protect lives. Regular, free, fair and transparent election is a democratic imperative, which member states are required to uphold. The briefing, in this regard, is likely to make reference to the 2007 African Charter on Democracy, Elections and Governance as well as the 2002 OAU/AU Declaration on Principles Governing Democratic Elections in Africa, which clearly require member states to hold credible and regular elections as a key ingredient of democracy.
The COVID-19 pandemic has posed an additional layer of challenge to the already fragile electoral process in Africa. Vibrant and democratic elections usually engage large number of people during political campaign and voting days with the potential to accelerate the spread of the virus, posing a huge health risks. This may discourage voters’ turnout, particularly those in the vulnerable brackets, with a repercussion on the credibility and inclusivity of elections, not to mention the competing priorities that governments face (upholding a democratic imperative at the same time protecting the safety of citizens). In this respect, the guideline alludes to Covid-19’s risk not only to the health of African people but also to the health of democracy.
According to the 2020 elections calendar of the DPA, national elections were slated to take place in seventeen member states. With the outbreak of the pandemic, some countries (such as Burundi, Mali, Malawi, Benin, Guinea, Ghana, Cameroon, Niger, Central Africa) decided to go ahead with the elections as originally planned amid high public risk posed by the pandemic, while others, such as Ethiopia, postponed.
Member states will continue to grapple with COVID-19 related challenges this year as well, as a dozen of African countries are set to hold national elections including Ethiopia, Chad, Libya, Somalia, and the Republic of Congo. Given the uncertainty surrounding the pandemic (particularly concerning how long it is going to last), and the potential for the occurrence of other PHEs, and as elections cannot be postponed indefinitely; it remains imperative to develop a guideline that would help adapting the electoral processes to the new circumstances of what has been referred to as the ‘new normal’. In this context, the guideline is envisaged as a blueprint for member states and EMBs to navigate their way through elections amid COVID-19 and other PHEs that may emerge in the future. As indicated in the guideline, it constitutes a non-binding continental framework for guaranteeing the holding of safe and credible elections by providing ‘a comprehensive practical tool and contextually adaptable directives for electoral administration in contexts of PHEs’.
Samate may also take the opportunity to stress that the guideline is by no means to replace national electoral laws nor is its intention to serve as a binding legislative instrument for AU, RECs or member states. The guideline, rather, clearly states that it is meant to ‘complement existing national laws, rules, regulations and procedures for conducting elections…’ and ‘reinforce the norms and instruments on election at the national, regional and continental levels.’
In her briefing, Samate is also likely to focus on the key aspects of the guideline such as: the strategic considerations for conducting or postponing elections, the implications of COVID-19/PHEs on elections and its mitigation measures, and duties and responsibilities of key stakeholders. It is worth noting that on 22 July 2020 the African Commission on Human and Peoples’ Rights (ACHPR) also issued a statement on ‘Elections in Africa during the COVID-19 Pandemic’ recognizing the need to ensure respect for the right to regular, free, fair and credible elections while complying with the public health measures necessary to safeguard the health and life of the public when convening elections during the pandemic.
The briefing by Nkengasong is expected to provide insights on the specific health protocols that need to be followed in the context of elections. As suggested in the draft guideline, these include ensuring observance to COVID-19 protocols (physical distancing, regular hand-washing, use of sanitizers); limiting number of people during political campaigns or civic and voter education as well as ensuring alternative modalities such as virtual platforms; increasing the number of polling centres; and providing longer and staggered voting periods.
Given the restrictions that the COVID-19 public health measures entail on various freedoms related to the holding of elections, the guideline offers guidance on key strategic considerations that should inform member state’s decision on whether to hold or postpone elections during COVID-19/PHEs, while it recognizes this as a constitutional prerogative. In this respect, Samate is likely to highlight two points in her briefing as captured in the guideline. The first is the need for member states to critically engage in assessing its specific context against the existence of enabling environments to deliver democratic, credible and peaceful elections amid COVID-19/PHEs. The second is the importance for member states to ensure that the decision either to hold or postpone elections are always outcomes of consultation, dialogue and consensus among key stakeholders. This should include, underscored in the 22 July Statement of the ACHPR, ensuring observance of applicable constitutional procedures, including judicial certification or review, as has been done, for example in the Central African Republic.
The guideline discusses at length how COVID-19/PHEs could affect the different electoral activities that fall within one of the electoral phases: the pre-election, election and post-election phases. It further suggests key mitigation measures that need be taken into account by EMBs, political parties, CSOs, and other stakeholders to ensure that the pandemic or other PHEs do not compromise the credibility of elections in Africa.
Of a particular interest to PSC in relation to the different mitigation measures could be the viability of electronic voting in the African context. Many have already flagged the risk of political backlash that rushing into electronic voting may entail in countries with no requisite infrastructure. In this connection, the WHO general guideline on election during COVID-19 makes an important caveat that ‘in the Africa setting electronic voting is still a long way to go, so election will have to be through in person voting’. While the AU guideline advices African EMBs to embrace new technology for elections, it emphasizes that national consultation, dialogue, consensus, and mutual trust among all key actors should precede the adoption of the new modality.
The briefing may also touch upon the duties and responsibilities of key stakeholders- notably AU, RECs, member states, EMBs, election observation and monitoring bodies, political parties, and civil societies- in ensuring safe and credible elections in Africa amid COVID-19/PHEs.
Nkengasong is further expected to provide update to the PSC members on the situation of Covid-19 in Africa. It is to be recalled that the Council requested Africa CDC to continue providing regular briefings on the ‘progress, trends and challenges in the fight against COVID-19 pandemic in the continent’ during its 935th session. The director is likely to highlight the recent spike of COVID-19 cases with a second wave of the pandemic hitting the continent, which is further compounded by the emergence of new COVID-19 variants. Despite the efforts to secure vaccines both within the COVAX initiative (which aims to buy and deliver to the poorest countries), an effort recently supplemented by AU’s securing 270 million vaccine doses, the Director may caution the availability of vaccines beyond those on the frontline in the short term. As such, the representative may advice member states to reinforce safety measures, lending hand in emphasizing the importance of implementing the guideline.
The expected outcome is a communique. The PSC is expected to welcome the preparation of the guideline and may wish to commend the efforts of the DPA and others involved in developing the guideline. The Council may acknowledge the importance of the guideline in providing a practical guide for member states, EMBs, civil society organizations, domestic and international observer groups, political parties and other stakeholders on how to conduct safe and credible elections within the context of COVID-19/PHEs, and may decide to adopt the guideline. The Council may further encourage member states and EMBs to give effect to the guideline by developing their own national policy on elections during COVID-19 and other PHEs that are suitable to their contexts. It may also call upon the AU commission, RECs, member states, EMBs, political parties, civil societies, think tanks, domestic and international observers and other stakeholders to engage in popularizing this guideline for its effective implementation. As holding safe and credible elections is first and foremost the responsibility of member states, the PSC may urge them to commit all the means and resources required to ensure that the enforcement of COVID-19/PHEs measures do not compromise the conduct such elections in a free, fair and credible manner.
Peace and Security Council Session on Peace, Security and Development
Amani Africa
Date | 27 January, 2021
Tomorrow (27 January) the African Union (AU) Peace and Security Council (PSC) will have its 975th session on the theme ‘Peace, Security and Development: Taking Security Challenges into Account in Development Financing’.
The PSC Chair of the month, Baye Moctar Diop, Permanent Representative of the Republic of Senegal will be delivering opening remarks. Presentations on the theme are also expected to be delivered by Smail Chergui, AU Commissioner for Peace and Security; Vera Songwe, Executive Secretary, Economic Commission for Africa and Hanna Tetteh, Special Representative of the UN Secretary-General to the AU and Head of the UN Office to the AU. Representatives of the African Development Bank (AfDB) and International Crisis Group are also expected to address the Council.
The last time the PSC had a session on this topic was in 2019, at its 883rd meeting, where it reflected on the interdependence between peace, security and development. It is to be recalled that at that meeting, Council stressed the importance of adopting an integrated and all-inclusive approach regarding peace and security and development. In addition, the contribution of socio-economic development for fully addressing underlying causes of conflicts in Africa was stressed. The PSC has requested the Chair of the Commission to submit annual reports on the coordination between the Commission and AU specialized agencies to support the PSC within the context of peace, security and development. Tomorrow’s meeting will present the PSC an opportunity to follow up on its previous decisions.
As the Chairperson of the PSC for this month, this session represents Senegal’s effort in campaigning for the restructuring of the debt burden particularly of conflict affected countries. It is to be recalled that Senegal has held an international conference in 2019 and it has advocated for the special considerations in debt relief and cancellation for countries in conflict situations including the ones affected by terrorism and violent extremism. The issue of addressing the economic and financial challenges of conflict affected countries has become even more pressing in the context of the COVID19 pandemic. Hence, the session will deliberate on mechanisms for addressing the issue of debt burden of these countries, as part of the comprehensive financing of peace, security and development.
The background to this session is thus the financing challenges that countries on the continent have experienced for meeting the demands of recovery efforts as they come out of conflicts, epidemics, and climate change induced natural disasters. The COVID19 pandemic has compounded the existing financial and economic challenges facing these and many other African countries including those with a higher than 100 % external debt-to-GDP ratio. It is expected that the presentation by Songwe will address the impact of these on the continent. Millions of people have lost their jobs and livelihoods. Millions risk falling into extreme poverty. According to UNECA, Africa needs at least $100 billion to resource the health and social safety net responses, and another $100 billion for economic stimulus, including debt restructuring. Now, African countries face the additional challenge of financing access to the COVID19 vaccine. Given the social and security ramifications of the socio-economic fallout of the pandemic, addressing these economic needs is clearly both a development and peace and security imperative.
The focus of tomorrow’s session also has its foundation in the mandate of the PSC both in conflict prevention and in post-conflict reconstruction and development. It is worth noting that the AU Policy on Post-Conflict Reconstruction and Development (PCRD) envisages under the resource mobilization pillar ‘support PCRD through investment, improved resource flows including official development assistance, debt relief’.
Significant number of conflicts in Africa are either mainly caused by or related to the unequal use of natural resources. Development projects and initiatives which tend to benefit one section of society while failing to meet the needs of other sections not only impose risk to peace and stability, but are also counterproductive to the achievement of sustainable development. The PSC may therefore call on Member States and concerned actors to ensure that all development efforts are designed to equally address the needs of all members of society.
Another issue expected to be addressed during the session is the pressure that security challenges are putting on resources meant to be for development purposes. Due to the increasing rate of terrorism and violent extremism in parts of the continent, governments have progressively channelled resources towards national security, which has consequently diverted focus from financing for development projects. As outlined in the concept note for the session, the PSC is expected to discuss this phenomenon and the best possible approaches for financing peace, security and development, mainly through engaging financing partners and creditors to consider not only debt restructuring but also consider how security challenges and the enhancement of the security capacity of states in development financing.
To this end the session is expected to provide a platform to exchange ideas on foreign debts and development financing in the context of insecurity and to identify ways to boost countries’ capacity in their fight against terrorism and violent extremism. Among others, this will also be directed at mobilizing support for the implementation of the various regional stabilization and development strategies.
It is to be recalled that in order to combat terrorism and violent extremism in the Sahel and the Lake Chad Basin regions, the Economic Community of West African States (ECOWAS) have adopted 2020-2024 Plan of Action at their Extraordinary Summit held on 14 September 2019. The Action Plan aims to mobilise USD 1 billion to fund the training of special units to be deployed in the fight against terrorism, violent extremism, and transnational organised crime including trafficking in humans, arms, and drugs. The PSC is expected to reiterate its support to this Action Plan and call on Africa’s bilateral and multilateral partners and African financial institutions such as the AfDB to mobilize support for the implementation of the Plan.
Having regard to the fundamental nature of the interdependence between the African Peace and Security Architecture (APSA) and the African Governance Architecture (AGA), it is important to determine how to better connect the two frameworks throughout their implementation. Development initiatives, particularly PCRD related efforts offer the best opportunity for a well synchronised implementation of these frameworks. Council may emphasise the need for Member States to enhance their socio-economic development through improving accountable and transparent system of governance.
Council may also take tomorrow’s session as an opportunity to urge Member States to make efforts towards fully realising the commitments emphasised under Agenda 2030 and Agenda 2063. It is noteworthy that the achievement of the Sustainable Development Goals (SDGs) as well as the aspirations of Agenda 2063 is by far noticed at a lower rate in countries affected by conflicts. Council may therefore stress its call to those Member States experiencing conflicts, to consider peaceful settlements and political dialogue and ensure that they spare no efforts from pursuing implementation of the development objectives of Agenda 2063 and SDGs.
It is also to be recalled that the Secretariat of the African Continental Free Trade Area (AfCFTA) has become operational in August 2020, a major step towards the full implementation of the free trade agreement. In a landmark development in the operationalization of the AfCFTA, the start of the trading of the AfCFTA was launched early this month. Having regard to the enormous potential of the AfCFTA in facilitating interstate trade to boost continental development, which contributes to peace and security efforts, Council may welcome the milestones achieved.
Another area that may be considered by the PSC is the close collaboration between the AU Development Agency (AUDA-NEPAD) and the Peace and Security Department (PSD) which is also essential to ensure that development efforts in Africa are funded in a manner, which takes account of security challenges. Also of significance is the importance of close coordination with the AfDB. Thus, the PSC may call for better coordination between the specialized agency and the relevant departments in the Commission. In light of their important role in both development and peace and security efforts, Council may also call upon the various Regional Economic Communities (RECs) and Regional Mechanisms (RMs) to strengthen their support to Member States and enhance their capacities in holistically addressing security and development challenges.
The expected outcome is a communiqué. The PSC, within the framework of the provisions of the AU PCRD policy, is expected to reiterate its appeals from its 918 session to the bilateral and international development partners, including notably the IMF and World Bank, ‘to consider debt cancelation and relief to those African countries with fragile economies, including provision of economic support packages, to enable these countries to regain resilience and commit the required resources to the fight against COVID-19.’ In the context of the critical importance of access to COVID19 vaccine, the PSC may call on international partners to support Africa’s efforts to access the COVID19 vaccine. The PSC may also urge the UNECA, the AfDB and Africa’s bilateral and multilateral international partners to provide dedicated funding for supporting the enhancement of the security capacity of affected countries along with the provision of development support as critical measure for the effectiveness of development efforts. Underscoring the importance of the AGA and the AfCFTA for enhancing peace and stability, PSC is also expected to call for enhanced implementation of the AGA through implementing reform measures that enhance transparent, inclusive and accountable governance and for the adoption by states of the necessary institutional, legislative and financial regulatory measures for the full implementation of the AfCFTA. The PSC may also call on the full implementation of the AU PCRD policy and the AU PCRD Centre to work in collaboration with RECs and specific Member States to address economic and developmental concerns of those countries emerging from conflict situations. The PSC may also reiterate its support to various stabilization and regional security plans including the 2020-2024 ECOWAS Plan of Action for combating terrorism and radicalization in the Lake Chad Basin and call for mobilization of support to implementation of such plans. The PSC may also underscore the key role that various institutions including the AUDA-NEPAD and RECs play in ensuring that funding of development efforts in countries affected by conflict, terrorism and violent extremism adequately integrates the security capacity challenges of those countries.
Briefing on the Situation in Great Lakes Region
Amani Africa
Date | 22 January, 2021
Tomorrow (22 January), the African Union (AU) Peace and Security Council (PSC) is expected to hold its 974th session to receive a briefing on the situation in the Great Lakes region. Following opening remarks by the PSC Chair of the month, Baye Moctar Diop, Permanent Representative of the Republic of Senegal, Smail Chergui, AU Commissioner for Peace and Security is expected to deliver introductory statement. The Special Representative of the Chairperson of the Commission for the Great Lakes Region, Basile Ikouebe is also scheduled to make a presentation. Statements are also expected from representatives of the East African Community (EAC), International Conference on the Great Lakes Region (ICGLR) and United Nations Office to the African Union (UNOAU).
The last time the PSC convened a dedicated session on the Great Lakes region was on 10 January 2020. This session is, therefore, expected to afford PSC the opportunity to assess recent political and security developments in the region, most notably- the upsurge of armed conflicts and the national election in Central African Republic (CAR) held in December; and the persistent attacks in Eastern Democratic Republic of Congo (DRC) and the collapse of the coalition of political groups and the resulting political crisis in the DRC.
The political and security crisis in the Democratic Republic of Congo (DRC) remains to be a concern to the overall Great Lakes Region. Early in the year and over the past week, intense clashes between the Allied Democratic Forces (ADF) and the National Army of DRC, as well as ethnically targeted attacks by rebel forces have claimed the lives of multiple civilians, particularly in the eastern provinces of the country. Police brutality, sexual violence and kidnapping for ransom (KFR) continue unabated. The PSC is expected to consider and reflect on these concerning trends.
In DRC, the year 2020 ended with escalated political tension between the ruling coalition of President Félix Tshisekedi and Common Front for Congo (FCC) parliamentarians who stand in support of former President Joseph Khabila. Tensions sparked following President Tshisekedi’s decision to dissolve the parliamentary setting and FCC’s rejection of the decision as illegal. While the formation of a coalition government in 2019 somewhat allowed for power sharing between the newly elected President Tshisekedi and supporters of former President Khabila who won majority of seats in Parliament, the two sides still continue to have differences over major issues relating to constitutional court appointments; security arrangements; and electoral process. Council may also comment on these developments and call on relevant actors to deescalate tensions and work towards peacefully resolving differences.
It is also to be recalled that the United Nations Security Council (UNSC) extended the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) for a one-year period until 20 December 2021, in its resolution adopted on 18 December 2020 (UNSC Res2556 (2020)).
The PSC may welcome this resolution, which maintains MONUSCO’s troop ceiling similar as previous year’s despite the mention of a phased drawdown under UNSC Res2502 (2019). In light of the recent political instability and continuing security challenges in DRC, UNSC’s decision to hold back on drawdown of troops was in line to the deteriorating security situation.
In addition to the political and security crisis, Council may also discuss the impacts of public health pandemic in the region, particularly DRC. The 11th Ebola outbreak in the DRC has been cause of concern in the overall region. As of early January 2021, reports have indicated 130 confirmed cases and 55 deaths in Équateur Province. Compounded by the rising cases of COVID-19 and fears of a second wave of the outbreak, possible deterioration of the humanitarian situation is likely to ensue, both in the DRC and the region at large.
Intensifying violence leading up to and following election in Central African Republic (CAR) on 27 December 2020 has also been among the most recent factors contributing to instability in the Great Lakes region. Opposition presidential candidates have contested the election, which was held in volatile circumstances. Despite such claims, the Constitutional Court has declared the re-election of President Touadéra on 18 January, granting him additional 5 years in office.
The violence, which unfolded following the election, has also led to mass displacement of civilians who continue to flee the situation. Over the past week alone, nearly 60,000 individuals have fled the country, most heading towards the DRC. In addition to those leaving CAR, nearly as many people are internally displaced – reportedly around 58,000 persons. In addition to the violence which erupted following 27 December’s election, these displacements are also attributable to the nationwide offensive attack perpetrated by the newly formed coalition of armed groups – the so-called ‘Patriots for Change’ – during the month leading up to the election. In addition to displacing a total estimate of over 100,000 people, these attacks have also prevented thousands of citizens from voting. Having regard to these developments and the understandable fear of return to a full-blown war in the country, the PSC may call on all relevant parties to immediately cease violence and refrain from considering military options.
Tomorrow’s session will also be an opportunity for the PSC to follow up on its 936th session decision, which authorized the deployment of the AU Military Observers Mission to the Central African Republic (MOUACA) for the period from 1 September 2020 to 31 October 2022. The PSC is yet to receive a briefing on the operationalization of MOUACA.
The political situation in Burundi has shown considerable improvement over the past year. At its 4 December 2020 meeting, it is to be recalled that the UNSC has struck off Burundi from its political agenda having regard to the peaceful nature of the 2020 elections. The PSC may reflect on this development and its contribution to the overall peace and security situation in the Great Lakes region.
The circumstances under which the Ugandan general elections of 14 January 2021 took place may also be of interest to Council. Reports have indicated that the elections were conducted amid violence and allegations of fraud. While the incumbent President Yoweri Museveni has been declared to win re-election, the PSC may advice all relevant parties to take necessary measures as to ensure contestations of the result do not lead to post-election crisis in the country. The EAC may also brief Council on its findings in relation to the election process in Uganda.
While these political and security challenges persist, Council may also take note of some of the positive developments in the region. In particular, the notable decrease in violence in South Sudan and the efforts to repatriate South Sudanese refugees has been a great achievement witnessed in 2020, in addition to the successful formation of the Revitalised Transitional Government of National Unity (R-TGoNU). Moreover, despite recent political tensions, DRC has remained relatively stable for most of 2020 in addition to showing significant improvement in its relationship with regional and international actors. The commitment shown by Member States to resolve their differences through diplomatic means and regional mechanisms can also be regarded as one of the positive developments seen. For example, the diplomatic resolution of the border dispute between DRC and Zambia as well as the commitment shown by Rwanda and Uganda to normalise their relationship through the good offices of Angola and DRC are encouraging.
In addition to these country specific situations, the PSC may also follow up on the progress obtained in the implementation of the 2013 Peace and Security Cooperation Framework (PSCF) for the DRC and the region. The ICGLR in particular may brief Council on progress and challenges in the implementation of the PSCF, as one of the guarantors of the Framework. In addition, the PSC may receive a briefing by the UNOAU on the new strategy on ‘Peace Consolidation, Conflict Prevention and Conflict Resolution in the Great Lakes Region’ produced by Special Envoy of the UN Secretary-General to the Great Lakes Region, Huang Xia, on 12 October 2020. The new strategy which sets out UN action for the coming decade, has a specific focus on preventive diplomacy, security, cooperation, development, and promotion of human rights and is structured around three pillars: Peace, Security and Justice; Sustainable Development and Shared Prosperity, and Resilience to Former and New Challenges.
The expected outcome of the session is unknown at the time of production of this insight. The PSC may however include in its outcome document a call for countries of the region as well as relevant Regional Economic Communities (RECs) to increase their cooperation and coordination towards achieving sustainable peace and stability in the region. In light of the concerning security trends in countries in the region the Council may also reiterate its call for Member States to deescalate tensions and to immediately bring an end to violence against civilians. The PSC may also express its concern of the exacerbating effects of COVID19 in an already fragile region. It may further urge Member States to enhance their efforts towards implementing the PSCF to ensure stability in the region.
