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Consideration of the Situation in the Central African Republic

Amani Africa

Date | 10 July, 2020

Tomorrow (10 July) the African Union (AU) Peace and Security Council (PSC) is scheduled to have a session on the situation in the Central African Republic (CAR). The session is expected to consider a report on the situation in the CAR through video teleconference meeting.

The AU Commissioner for Peace and Security, Smail Chergui is expected to introduce the report and brief the PSC on the situation in the CAR. The representatives of the CAR and the Economic Community of Central African States (ECCAS) are also expected to make statements during the open segment of the session.

One of the issues on which members of the PSC expect to be briefed on is the status of the spread of the novel coronavirus (COVID19) in the CAR and its impact on the peace and security situation in the CAR. The number of confirmed cases, while relatively law, jumped from 301 on 15 May to 1,888 cases in mid June, registering notable spike in less than a month. The COVID19 response measures in the CAR and globally resulted in significant consequences, leading to rise in cost of food items and disruption of distribution of humanitarian assistance to the displaced and those in need of support. PSC members would also be interested to hear about the impact of COVID19 on AU’s role in the CAR including on the activities of the AU Office in the Central African Republic.

In terms of the situation in the country, it is of major interest for the PSC to hear from Chergui and the CAR representative on the national elections scheduled for December 2020 and the preparations being undertaken in this respect. The country has faced political uncertainty due to opposing views between government and opposition parties on the convening of the elections as scheduled. Following a proposal in parliament for extension of the term of office of the President and parliament if the schedule for elections were to be postponed due to COVID19, the Constitutional Court of the CAR held in its ruling of 5 June that the postponement of the schedule for election would be unconstitutional and any change to the electoral calendar should be based on broad consultations and consensus among all the concerned stakeholders.

While there are many political parties in the CAR, two major coalitions have been formed. On 11 February, 14 opposition parties formed the Coalition de l’opposition démocratique with the proclaimed objective of ensuring free, fair, inclusive and timely elections. On 15 May, 34 out of 42 parties associated with the presidential majority launched the “Be Oko” or “Les coeurs unis” (United Hearts) political platform to counterweigh the opposition Coalition de l’opposition démocratique platform. The intention of the United Hearts platform is to rally behind one candidate for the presidential elections and agree on candidates for the legislative elections. While thus far four political leaders announced their candidacy for the presidency, it remains unclear whether the former president of the country François Bozizé will run as president and the impact that this may have for the country.

Given the COVID19 situation and CAR’s pre- existing institutional and logistical challenges, one of the major issues for the PSC to address with respect to the preparations for the elections is determining the technical and logistical needs of the CAR and how the AU could contribute, within the framework of its electoral support to member states, towards meetings these technical and logistical needs of the CAR. Some legislative measures, notably the law on the National Electoral Authority, have is yet to be finalized. Despite remaining legislative and institutional gaps and logistical challenges, there are also encouraging progress in implementing preparatory works. The National Electoral Authority published a revised electoral calendar on 29 April that adhered to constitutional timelines. On 20 May, the Government issued two decrees crucial for the timely holding of the elections. The first set the voter registration period from 22 June to 28 July, with the final voter list released in September. The second specified that the diaspora of the CAR would be allowed to vote.

It is to be recalled that the PSC in the statement of its 884th session ‘urged the Central African actors to scrupulously comply with the upcoming dates of the elections to be held in 2020/2021 and to ensure that they are free, fair, credible and peaceful, and rejected any idea relating to a new transition.’ Underscoring the importance of the participation of various stakeholders, the PSC further reaffirmed ‘the need for all the parties to work in good faith for the organization of the elections,’ which the PSC deemed priority in ‘consolidating the democratic gains and stability in the country’.

Another major issue for tomorrow’s session is the implementation of the February 2019 peace agreement for the CAR. In urging all stakeholders to support the peace agreement, the PSC in the statement of its 884th session stated that the agreement ‘remained the sole path for the restoration of a lasting peace in the whole country.’ Chergui is expected to inform the members of the PSC not only on the state of implementation of the peace agreement but also the outcome of a joint videoconference he, the Under-Secretary-General for Peace Operations and the High Representative of the European Union for Foreign Affairs and Security Policy held with the President of the CAR on 8 June 2020.

Three issues are of immediate interest to the PSC. The first is the impact of COVID19 on the implementation of the peace agreement. Chergui pointed out in an op ed that implementation of (aspects of) the peace process took a backseat due to COVID19 measures. Apart from the suspension of the formal follow-up mechanisms of the Agreement following the COVID-19 outbreak, other activities affected by the pandemic and the response measures include the implementation of disarmament and demobilization and the establishment of special mixed security units. Despite these COVID19 induced disruptions, with support from AU, ECCAS and UN, the government continued to have high-level engagement with armed group leaders.

The second issue, which has been a major issue of concern when the PSC met on the CAR the last time, is recurring incidents of violations of the peace agreement. In his report of June 2020 to the UN Security Council, the UN Secretary- General observed that ‘progress was undermined by a resurgence of violence perpetrated by armed groups, particularly in Birao, Bria, Ndélé and Obo.’ Despite the decrease in the number of violations of the peace agreement observed in the UN Secretary-General’s report ‘from 575 to 504 compared with the previous reporting period’, various acts of violence including clashes between armed groups have continued to affect various parts of the country. These acts of violence have mostly affected civilians. According to the Secretary-General’s report, ‘[c]ivilians were the target of more than half of the violations (286). Others affected by the violence and fighting involving armed groups include humanitarian actors and members of the UN mission to the CAR, MINUSCA.’ It is to be recalled that the PSC ‘stressed the imperative need for all signatories to scrupulously comply with the provisions of the APPR, including the cessation of hostilities throughout the entire territory, warning that ‘those who would seek to impede the implementation of the Agreement’ …would be held accountable.’

The third and final issue with respect to the peace process is the progress made towards its implementation. The UN Secretary General pointed out in his June 2020 report that ‘the National Assembly adopted several laws required under the Agreement, including on political parties and the status of the opposition; the creation of the Commission on Truth, Justice, Reparation and Reconciliation; the status of former Heads of State; and the first of a two-part law on local authorities and decentralization.’

The expected outcome of the session is a communiqué. The PSC is expected to express its concern over the impact of COVID19 on the situation in the CAR including in the implementation of the peace process. In this respect, the PSC may reiterate its call for mobilizing support for the CAR not only in addressing COVID19 but also in limiting its impact on the implementation of the peace agreement. The PSC welcoming the progress registered in the preparation for the elections scheduled to take place in December 2020 could reiterate the importance of the elections and the need for sustaining the preparations for holding the elections within the constitutional timelines while upholding the participation of all the stakeholders. The Council could also urge the AU to scale up its electoral support for the CAR including in providing technical support for the national electoral commission and other actors. In terms of the peace process, the PSC, while welcoming the progress made in implementing the various dimensions of the agreement, could underscore the need for achieving cessation of hostilities in the CAR and urge the AU, working with ECCAS, the UN and the European Union, to enhance support for political dialogue and community peace efforts in the CAR. The PSC could also reiterate its earlier call for the convening of the International Contact Groups for the CAR, among others, for mobilizing collective and coordinated support for the electoral process.


Briefing on Elections in Africa in the Context of the COVID19 Pandemic

Amani Africa

Date | 09 July, 2020

Tomorrow (9 July) the African Union (AU) Peace and Security Council (PSC) is scheduled to hold its 935th meeting to receive a briefing on elections in Africa in the context of the COVID-19 pandemic.

It is expected that PSC members will conduct the meeting through video teleconference. It is expected that AU Commissioner for Political Affairs Minata Samate Cessouma will brief the Council.

Since the advent of the pandemic in the continent, countries have adopted various measures to curb the spread of the COVID19 pandemic through various social distancing measures, lockdowns and declaration of state of emergency or state of disaster. The nature of the pandemic and the public health response measures are such that they directly affect electoral processes. The COVID19 measures affect not only the logistical preparation for elections but also the exercise of various rights including the convening of political meetings and rallies that are key for communicating the agenda of contesting political parties and for the electorate to express its views on its needs and be informed of the position of the candidates.

On the other hand, electoral processes by their very nature lead to the gathering of people, the convening of political meetings and the staging of rallies. As such, if not conducted with due regard to the social distancing measures, electoral processes can become the ground for the spread of COVID19 and the resultant rise in the morbidity and mortality that the virus causes.

Tomorrow’s briefing on elections will be the first one to be taking place in the context of COVID19 and presents an opportunity for considering how COVID19 affects electoral plans in Africa. It would additionally afford the opportunity to consider on whether and how elections could be held amid the pandemic and the parameters to be observed if they are to be postponed.

According to the AU calendar of elections, there are about 18 planned elections in 2020 in Africa. The Department of Political Affairs is scheduled to provide an overall update on current developments in countries that have recently concluded elections, those that are preparing to undertake elections and those that have decided to postpone elections.

The last time the PSC held a session on elections was at its 869th on 19 August 2019. In the communiqué, the PSC underlined the need for strengthened citizens participation in democratic process and it also requested the finalization of the reports of AU Election Observation Missions in a timely manner and the early planning for the deployment of the AU Election Observation Missions.

During tomorrow’s session, the PSC may assess the challenges COVID19 poses on electoral processes in Africa. More particularly, of interest to the PSC would be an overview on the challenges that have emerged due to the COVID19 pandemic and their impact on holding transparent, fair and free elections in Africa. Considering these issues affords the PSC an important opportunity to provide guidance to member states on how to manage elections in the context of COVID19. This is important in order to ensure that the holding of elections under restricted conditions or postponement of elections due to COVID19 measures would not lead to electoral disputes and instability. The elections that are expected to receive attention include the recently concluded ones in Burundi, Mali, and Malawi as well as the constitutional referendum in Guinea. The briefing may also provide an overview of upcoming elections in Ghana, Burkina Faso, Cote D’Ivoire, and postponed elections in Ethiopia and Chad. The Council may also particularly address countries such as Somalia and Central African Republic that are experiencing fragile transition and instability and are planning elections in 2020.

From the list of countries that held elections or scheduled to hold elections, it is clear that not all of them are on the same standing in terms of the sensitivity of the election for unstable contestation. This means that apart from the general guidance required on how elections may be held in all the countries, there is a need for paying particular attention to the situation of elections in countries with fragile transitions.

The briefing may highlight challenges related to restrictions on mobility. This can have negative impacts on candidates communicating with their supporters and electorates critically engaging with political parties and candidates. As the election in Mali illustrated, the other challenge is also related to the low voter turnout due to fear related to the spread of the pandemic.

The other impact is that it has adversely affected the deployment of independent observers in countries that have held elections this year. Restrictions on international travels means that the AU has not been able to deploy international observers in some of the recent elections held in the context of COVID19. One of the issues that members of the PSC may wish to get information on during the briefing is the adjustments and new changes that the Department of Political Affairs introduced in its provision of support to member states in the context of COVID19.

With respect to the various avenues taken by member states the PSC may address key elements on the processes and procedures of elections. First, for countries that have opted to hold elections, it may urge Africa CDC to develop and adhere to strict safety and public health guidelines to prevent the further spread of the virus. It will be essential for the PSC to urge member states to evaluate their capacity to hold credible and transparent elections while keeping citizens safe. Moreover, these measures have also direct effect on the level of participation of election observers. Hence, the PSC may also request member states to address challenges and provide alternative plans to fill this gap.

Second, with regards to countries that opt to postpone elections, the PSC may urge for the respect of legal processes and political consensus, to prevent instability or charges of unconstitutionality. The PSC may pronounce itself on the need to comply with established constitutional processes when opting for postponing elections. Additionally, consideration should be had for states to build consensus with all the stakeholders including electoral bodies, opposition parties and civil society actors not only to address the legitimacy deficits that may result from postponement of elections but also to ensure that postponement does not lead to political instability. Irrespective of whether member states opt to postpone or hold elections, there is also a need for ensuring that there is greater transparency by governments on their decisions and the process they use for arriving at such decision.

Also, of interest for PSC members is to receive indication from the briefing on countries expected to have highly contested elections and countries expected to hold elections in fragile transitions. These countries require particular attention not only to ensure that COVID19 does not further exacerbates an already volatile situation but also to ensure that contestations surrounding election does not undermine their efforts towards containing the virus. For example, in Malawi, the newly elected government changed the plan for the inauguration of the new president on account of reports of spike in the spread of the virus during the electoral process.

In the context of recent elections, the briefing by DPA may also highlight positive developments including the role of an independent judiciary in the democratization process of countries as demonstrated in the election in Malawi. The briefing may also present best practices that might guide countries that are planning to hold elections.

The expected outcome is a communiqué. The PSC is expected to address the various challenges arising from COVID19 and their effects on planned elections and the electoral process. It may in particular express concern on the negative impacts of COVID19 on holding elections in context that is free from fear and insecurity. With respect to member states that opt for proceeding with scheduled elections, the PSC may urge that they comply with the applicable standards of holding free, fair and credible elections. To this end, it may call on those states to put in place the necessary public health measures including social distancing and hygiene measures during the electoral process. For member states that opt for postponing elections, it may urge them to ensure that proper constitutional procedures are followed and close working relationship and consultations are maintained with all stakeholders in rescheduling the calendar for the elections. The PSC may call on Africa-CDC working with the Department of Political Affairs to develop guidelines on the holding of elections in the context of COVID19. It may request the AU Department of Political Affairs to adjust the provision of its support to member states to the COVID19 environment to ensure that its critical role in the democratization process through supporting electoral processes is not disrupted as a result of COVID19.


Provisional Program of Work for the Month of July 2020

Amani Africa

Date | July 2020

Burundi assumes the role of the monthly chairpersonship of the African Union (AU) Peace and Security Council (PSC) for the month of July. The provisional program of work, involves some six substantive sessions including three focusing on country specific situations.

The first session of the month is expected to take place on 7 July. On this day the PSC is scheduled to receive a briefing on elections in Africa in the context of the COVID19 pandemic. The Department of Political Affairs is scheduled to provide an overall update on current developments in countries that have recently concluded elections, those that are preparing to undertake elections and those that have decided to postpone elections. The meeting is expected to take place through video teleconference (VTC).

This session affords the PSC an important opportunity to provide guidance to member states on how to manage elections in the context of COVID19. This is important in order to ensure that the holding of elections under restricted conditions or postponement of elections due to COVID19 measures would not lead to electoral disputes and instability.

On 10 July the PSC will consider the situation in the Central African Republic. The PSC is expected to assess the implementation of the peace agreement signed last year particularly in relation to the ongoing fighting and COVID19 pandemic and the overall humanitarian situation in the country. This meeting is also expected to be held via VTC.

On 14 July the PSC will receive a briefing on the Ebola Virus Disease outbreak in the Democratic Republic of Congo in the context of the COVID19 pandemic and implications for healthcare and humanitarian workers. The PSC is expected to receive update on the new Ebola outbreak declared on 1 June 2020 as well as the compounded effects of COVID19 on the health sector and humanitarian action. The session is expected to take place through VTC.

The consideration and adoption of the provisional program for the month of August is scheduled for 16 July. The draft program is expected to be circulated to all PSC member states through email and members will share their inputs.

On 21 July, the PSC is scheduled to consider the third country specific session. During this session, the PSC will receive an update on the status of implementation of the Revitalized Agreement on the Resolution of the Crisis in South Sudan. It is to be recalled that the PSC held its last session on South Sudan on 9 April 2020. This session is expected to review developments since the last session. This session is also scheduled to take place through (VTC).

On 24 July, the PSC will have a preparatory meeting on two agenda items. The first one is the annual joint consultative meeting with the UN Security Council (UNSC). Due to the disruptions that COVID19 has caused, it is not anticipated that the two Councils will hold meetings physically. It also does not seem possible that the Committee of Experts would travel to New York for the annual meeting with UNSC political coordinators and negotiating the draft joint communiqué.

The second meeting for the day is the discussion between the PSC and A3 on the preparation of the upcoming presidencies of the A3 in the UNSC. The meeting is expected to take place through VTC.

On 28 July the PSC will receive an update on of operationalization of the African Standby Force in the context of Africa’s response to the COVID-19 pandemic. The PSC may also take in consideration the existing guideline on the role of the ASF in Humanitarian action and Natural Disaster Support (HANDS). The session is scheduled to take place through VTC.

The last session of the month is scheduled for 31 July. On this day, the PSC will receive a briefing from the PSC Military Staff Committee on the ‘revised concept note on the guidelines for the deployment of 3000 AU troops in the Sahel’, which is prepared based on the Strategic Concept Note prepared as a follow up to the decision the AU Assembly adopted during the February 2020 AU summit. It is to be recalled that AU Commissioner for Peace and Security presented a draft Strategic Concept Note to the PSC in April. This meeting is also expected to take place through VTC.


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