Open Session on Protection of civilians against the use of explosive weapons in populated areas
Amani Africa
Date | 17 July, 2019
Tomorrow (17 July) the African Union (AU) Peace and Security Council (PSC) will hold an open session on the protection of civilians against the use of explosive weapons in populated areas.
During the session it is expected that the Permanent Representative of Mozambique to UN Office in Geneva, representatives of the International Network on Explosive Weapons (INEW) and the International Committee of the Red Cross (ICRC) will deliver their presentations. AU Peace and Security Department is also expected to make a statement.
The adverse effect of the use of explosive weapons in populated areas (EWIPA) has been a widely recognized challenge causing harm to civilians in conflicts. As indicated in the concept note, civilians are the overwhelming majority constituting 90% of victims during the use of wide-area effects explosive weapons in populated areas. Weapons designed to spread a wide effect or lacking precision when launched, often times lead to civilian suffering. In a time where violence and conflicts are increasingly taking place in populated cities instead of remote areas, the impact of the use of such weapons rises exponentially.
Beyond the immediate impact, the effects have long-term consequences in terms of the destruction of infrastructure, education and health facilities heavily affecting the coping capacity of communities. Particularly in the context of protracted conflicts, EWIPA may also delay or complicate conflict reconstruction and peace building processes.
With the increased level of urbanization coupled with the rise of conflicts in cities, various types of explosive weapons are being used such as mines, anti-personnel mines, missiles and grenades both by national military forces and armed groups. The AU has demonstrated commitment in the fight against the use of anti-personnel mines. 51 African member states have ratified the Anti-Personnel Mine Ban Convention (Ottawa Treaty). The 837th PSC session recognizing the risks associated with improvised explosive device (IED) and their devastating impact on civilians, called on ‘Member States to prevent and counter the use of Improvised Explosive Devices (IED) through integrated and coherent approaches including helping one another, and demand the Commission to continue consultations with Member States to develop the necessary framework in this regard’.
Moreover, the protection of civilians has been a key priority to the AU as it is articulated in various policy instruments and deliberations. The AU provides a comprehensive definition to the protection of civilians. The Draft Guidelines for the protection of civilians in PSOs identified four tiers or dimensions of protection: protection through political process; physical protection; rights-based protection; and establishing a secure environment.
A dedicated regional meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas was also held in November 2017. In the communiqué of the meeting states highlighted that they ‘support the process that will lead to the negotiation and adoption of an international political declaration on the use of explosive weapons in populated areas’. The meeting although aimed at forming a group of African States that can actively support the development of the declaration, thus far only Senegal and Mozambique have participated in the diplomatic process. The two countries will represent Africa in the Core Group that will be leading on the development of the declaration. Following the upcoming October 2019 conference in Vienna, the declaration is expected to be adopted in Dublin in 2020.
Similarly the United Nations Secretary-General António Guterres in his annual report on the protection of civilians in May 2019 called on member states to join the political process.
Across the continent EWIPA is further exacerbated by the increasing flow of illicit arms. The 788 session of the PSC highlighted that flow of ‘small arms and light weapons (SALW), to non-state actors contributes significantly towards exacerbating insecurity and violence in various parts of Africa, thereby undermining social cohesion, public security, socio-economic development and the effective functioning of state institutions’.
Presenters particularly the ICRC may highlight and provide an overview of the humanitarian dimension of the use of EWIPA, including the failure of such weapons to meet the international humanitarian law principles of distinction and proportionality. The destruction of homes and basic infrastructure the use of EWIPA coupled with a lack of access to basic services, lead to forced displacement of civilians. The delivery of humanitarian aid is often times hampered by destruction of roads, preventing access to life saving assistance and basic services. Hence, beyond the direct impact on people it affects the entire system of particular area or a country. Within the context of 2019 theme on Refugees, IDPs and Returnees the interventions may further highlight the linkages with forced displacement and the challenges associated with returns due to the destruction of homes and livelihoods.
INEW’s intervention may elaborate on the distinctive pattern of harm caused to civilians by the use of EWIPA. Given its role in the development of the political declaration, it may provide further details on the progress made thus far and next steps. It may also elaborate on why such a declaration is needed and how it can serve as a guiding framework for member states in their efforts in designing policies and in effectively responding to the security threat. The declaration may explicitly address issues related to harm of civilians due to the use of EWIPA and it may also pay particular attention on the mechanisms to ensure protection of civilians.
The representative of Mozambique may highlight the key outcomes of the Maputo regional meeting and elaborate on the country’s role and contribution in articulating a global political commitment anchored by provisions in existing African instruments.
The expected outcome of the session is a press statement. The PSC in the outcome document may recommend key actions and next steps towards mitigating harm and ensuring the full protection of civilians. It may commend Mozambique and Senegal for their leadership in contributing to the process of developing the political declaration. It may call on member states to strengthen their efforts by utilizing existing regional and international instruments. It may also call for a greater respect for international humanitarian law to reduce suffering of civilians.
State of implementation of the decisions of the Lomé Summit on Maritime Security and Safety
Amani Africa
Date | 16 July, 2019
Tomorrow (16 July) the African Union (AU) Peace and Security Council (PSC) will hold a session on the state of implementation of the decisions of the Lomé Summit on Maritime Security and Safety held on 15 October 2016. The session is expected to review the development of Annexes to the African Charter on Maritime Security, Safety and Development in Africa, Lomé Charter.
The agenda item is being tabled by Togo as the chair of the month and champion of Maritime Security, Safety and Development in Africa. The Office of the Legal Counsel is expected to brief the PSC. The briefing will update member states on the level of ratification of the Lomé Charter. It is also expected to provide an update on the development of the annexes.
As pointed out in the 682 PSC ministerial session the development of the annexes is aimed at including the relevant AU structures, particularly those with economic related mandate, which were not initially involved in the development of the charter. In this respect, the AU Assembly at its extraordinary summit in October 2016 tasked the African Union Commission (AUC) to: ‘[T]ake all necessary measures in order to convene Extraordinary session of the relevant Specialized Technical Committees(STCs) which were not involved in the elaboration process of the Charter namely: the STCs on Trade, Industry and Minerals, STC on Transport, Infrastructure, Energy and Tourism, STC on Monetary Affairs, Economic Planning and Integration and any other relevant STCs to enable them to consider issues falling within their respective mandates and submit their contributions to the African Charter, in the form of annexes’. The 682nd session of the PSC reiterated this request.
As a follow up to this, the AUC convened in January 2017 an ad hoc experts’ group, which after series of meetings and working closely with the AUC legal office, developed draft Annexes. The process for the finalization of the annexes envisaged that after the annexes were submitted for consideration of the joint meeting of the relevant STCs and incorporation of the inputs of the joint STCs, draft Annexes would then be submitted to the Justice and Legal Affairs STC which would consider and submit the draft Annexes to the Assembly for adoption. Despite the fact that the AU Assembly envisaged this process to be concluded by July 2017, the process has as yet to be finalized.
It is to be recalled that the Strategic Task Force for the implementation of Africa’s Integrated Maritime (AIM) Strategy met in 2018 in Addis Ababa, Ethiopia, to consider and validate the Draft Annexes to the Lomé Charter.
Central to the elaboration of the annexes is the need for full coverage in the Lomé Charter of the developmental aspects of the marine space through the contribution and participation of the economy and development structures of the AU. Blue economy is a key sector for the majority of Africa countries, 38 of 55 are coastal states and more than 90% of Africa’s imports and exports are transported by sea. Agenda 2063 recognizes that Africa’s Blue economy, which is three times the size of its landmass, as a major contributor to continental transformation and growth. Yet, Africa has as yet to properly make use of the potential of its marine space and resources. The 834 PSC session, reiterated the centrality of ‘effective management of Africa’s Blue Economy, in order to ensure that it significantly contributes towards promoting sustainable development, creates employment and improves the general well-being’.
In this regard the Lomé Charter is a groundbreaking instrument given that it’s the first continental legally binding framework that advances blue economy as well as maritime security agendas. The Charter by focusing on the linkage between blue economy and maritime security it also provides relevant definition of key terminologies and the common rules for the governance of the marine space of Africa.
The progress update is expected to provide a timeframe and highlight the outcome of the deliberations that took place at the Task Force level as well the continuing consultations with the various STCs until the subsequent submission of the annexes to the Assembly. In light of this, the briefing may also provide details on the role of the Task Force and other policy units in the subsequent steps.
Despite the recognition of the huge developmental role of the sector and the normative development efforts, the ratification and domestication process of the Lome Charter has been slow. The Lomé Charter requires that the treaty shall enter into force 30 days after the deposit of the 15th instrument of ratification. The slow pace of ratification thus far shows the need for a clear strategy for promoting ratification by AU member states. This may require establishment of a task force of member states and the AU Commission tasked with the development and implementation of such strategy.
Given the multidimensional nature of the issues addressed in the Lomé Charter and the role of various STCs, there is also a need for clarifying a coherent approach for ensuring implementation of the Charter. Tomorrow’s session in addition to providing update on the development process of the annexes, it may also address the institutional harmonization aspect. This has been particularly highlighted in the PSC 682 session, which called for a ‘follow up mechanism, in particular within the Commission, given the cross-sectoral and multidimensional nature of issues relating to Maritime Security and Safety and Development’.
In terms of effective and coherent approach, the 834th session underlined the need for harmonized and coordinated operationalization and implementation of existing legal and policy frameworks relating to the blue economy; including AU 2050 Africa Integrated Maritime Strategy (AIMS), the Revised African Maritime Transport Charter and the Lomé Charter. It further urged the Commission ‘to expedite the finalization of the draft annexes to the Lomé Charter’.
It is also expected that the developments of the annexes are taking place within the broader 10-year implementation plan of Agenda 2063, which envisages the establishment of African Centre for Blue Economy by 2025. The AUC institutional reform also anticipates, from 2021 onwards, the inclusion of a dedicated maritime component in the agriculture, rural development, blue economy and sustainable development department of the AU Commission.
Pursuant to its last session the PSC may follow up on the outcomes of the Sustainable Blue Economy Conference meeting held in Maputo, Mozambique, in May 2019.
At the production of this ‘Insight’ the form of the outcome of the session was unknown. The PSC may call for clear timeline for finalizing the annexes. The PSC may further note the low-level ratification of the Charter and may, beyond and above calling on member states that are yet to ratify the Charter to do so, request the AUC to develop (and report to the PSC) clear strategy for promoting ratification. It may also call on the accelerated operationalization and implementation of other complementary policy and normative instruments including the 2050 AIMS and the Revised African Maritime Transport Charter towards addressing maritime threats and strengthening regulatory frameworks. It may also call for strengthened enhanced regional and international cooperation for enhanced monitoring and control.
PSC provisional program of work for July 2019
Amani Africa
Date | July 2019
For the month of July 2019, Togo will assume the role of chairing the African Union (AU) Peace and Security Council (PSC). The provisional program of work of the PSC for the month envisages some six sessions including three preparatory meetings and two open sessions. During the month there is also a planned PSC mission to the Gambia. Other than those indicated in the footnotes, the provisional program provides for one country/regional situation during the month.
Given the ongoing AU-RECs coordination meeting taking place in Niamey, in the first two weeks of the months there are no planned sessions. The PSC is scheduled to hold its first session of the month on 16 July on the state of implementation of the decisions of the Lomé Summit on Maritime Security and Safety held on 15 October 2016. Among others, this will look into the development of Annexes to the African Charter on Maritime Security, Safety and Development in Africa. It is to be recalled that the last PSC session on maritime security and peace and security took place in March.
The following day on 17 July, the PSC will hold the first open session of the month on the protection of civilians against the use of explosive weapons in populated areas. The PSC held its last session on protection of civilians at its 755th session.
On 18 July the PSC is expected to deliberate on two agenda items. First it will consider the Mapping Study on Illicit Arms Flows in Africa prepared by the Commission. It is worth noting that this is one of the major priority areas identified as part of the AU Master Roadmap for Silencing the Guns. In the second agenda item, the PSC is expected to receive the monthly briefing on the harmonization of the ACIRC into the ASF Framework.
On 22 July, the PSC is scheduled to have four agenda items. These include three preparatory meetings: for the Mission to The Gambia, for the Joint AU PSC-UNSC and AU PSC-EU meetings. The fourth and substantive agenda item of the session involves consideration of the state of the AU Liaison Office in Liberia.
The second open session of the month is scheduled to take place on 23 July on sexual violence in armed conflicts in Africa. On July 25 the PSC will hold the last session for the month of July and will consider two agenda items: the situation in Mali and the Sahel and preparatory meeting on its mission to the Gambia.
From 29-31 July the PSC is scheduled to undertake a field mission to the Gambia. The PSC reviewed the situation in The Gambia at its 844th session when another West African member state, Nigeria, was chairing the PSC. In addition to these agenda items, the provisional program of month also envisions in footnotes additional items that may be added in the course of the month. These include update on two country situations in Sudan and DRC.
Additionally, the Committee of Experts and Military Staff Committee may also convene their meetings.
