Briefing on Sustainable financing of African Peace & Security Agenda under the UN Charter

Amani Africa

Date |03 December, 2018

Tomorrow (3 December 2018) the Peace and Security Council (PSC) is scheduled to hold a briefing session on sustainable financing for African Peace and Security Agenda in the context of Chapter VIII of the UN Charter. It is expected that Woinshet Tadesse, Ethiopia’s Permanent Representative to the African Union (AU), will provide the briefing to the PSC representing members of the African 3 members (A3) of the UN Security Council (UNSC).

The focus of tomorrow’s session is expected to be the draft resolution on financing of AU led or mandated peace support operations authorized by the UNSC that has been under negotiation in the UNSC. While major progress has been achieved in the quality of partnership, the issue of predictable and sustainable financing of AU peace support operations has remained a major area of disagreement. At the 18 July briefing at the UNSC, Smail Chergui, AU Commissioner for Peace and Security, observed that the AU has consistently advocated for more predictable and sustainable funding for AU peace operations through UN assessed contributions.

In the briefing, the A3 are expected to inform the PSC the efforts they have made in championing the longstanding demand of the AU for predictable funding to AU led peace support operations authorized by the UNSC including through the use of the UN assessed contributions. This is in line with the PSC communiqué of 30 May 2017 which underlined the critical role of the A3 in advancing AU Peace and Security Agenda at the UN level, in particular with regard to reaching a substantive resolution on the use of UN assessed contributions to support AU mandated or authorised PSOs.

Initiated by the A3, the draft resolution, if adopted, is meant to establish the principle that AU mandated or authorized PSOs authorized by the UN Security Council should be financed through UN assessed contributions, with decisions on the financing of specific missions to be taken on a case-by-case basis. As Côte d’Ivoire’s permanent representative to the UN noted in the UNSC session in July, the draft resolution ‘does not trigger the immediate provision of funding, but rather provides a framework for the Council’s assessment … for consideration on a case-by-case basis’. The briefing affords PSC members to discuss where the negotiations in the UNSC over this draft resolution stand.

When the PSC adopted its communiqué of 30 May 2017, there were two requirements of UNSC Resolution 2320 (2016) for the fulfillment of which the AU was tasked to take appropriate measures. The first was the implementation of the Peace Fund. The Second was the establishment of the relevant framework for ensuring compliance by AU PSOs with international humanitarian law and human rights law. In terms of the effort to secure the adoption of the draft resolution when it is tabled before the UNSC this month, this session offers an opportunity for the PSC to review the progress made in fulfilling these requirements. This is an area on which the Department of Peace and Security provides update to the PSC.

With respect to the Peace Fund, the AU has achieved the target that was set in PSC communiqué of 30 May 2017. With $65 million collected, the Peace Fund is on target to meet its funding target from the contribution of AU member states projected to reach 100 million in early 2019. The Peace Fund was officially launched at the 11th Extraordinary Session on 17 November 2018 and the members of the Board of Trustees representing the 5 AU Regions have also been appointed. This governance body was expanded to include representation of the UN and the EU in the Board to ensure the highest fiduciary standards.

The AU also made major progress with respect to instituting the relevant frameworks for ensuring compliance of AU peace support operations with international standards including human rights and international humanitarian laws. At its session held on 29 November 2018, the AU PSC adopted the AU Policy Documents on the Prevention and Response to Sexual Exploitation and Abuse and on Conduct and Discipline.
Given the progress made with respect to the requirements set under Resolution 2320 (2016), the draft resolution initiated by the A3 seeks to follow up on the intent of Resolution 2317 (2017). This notably refers to the intention that the UNSC expressed in this resolution ‘to give further consideration to practical steps that can be taken, and the conditions necessary, to establish the mechanism through which African Union led peace support operations authorized by the Security Council and under the Security Council’s authority under Chapter VIII of the Charter could be partly financed through United Nations assessed contributions, on a case by case basis, in compliance with relevant agreed standards and mechanisms.’

It is also an opportunity to reflect on the prospects for the adoption by the UNSC of the resolution when it is considered in the course of the month. Within the UNSC, there are differences over the draft resolution between the A3 and the US in particular. In the 18 July briefing at the UNSC, the United States will not consider use of assessed contribution to support AU operations under Chapter VIII of the UN Charter, until benchmarks for financial transparency, conduct and discipline and human rights are demonstrably implemented across AU peace organizations and operations.

At the 20 November UNSC open debate held under the Presidency of China, the US raised other concerns. It in particular noted unanswered questions about the implication of support from assessed contributions on UNSC’s authority and the need for members to have time to ensure full political and legislative support from capitals. It is not clear if the US would change its positions when the draft resolution is tabled at the UNSC for adoption.

While the expectation of the PSC is for the draft resolution to be adopted setting a framework for the UNSC to take decision for use of assessed contributions to support AU led or mandated peace support operations authorized by the UNSC on a case-by-case basis, there are two issues of interest for tomorrow’s session. The first is whether the consideration and adoption of the draft resolution will happen as scheduled in December 2018. The second is the scope of conditions that may be included if the final version of the resolution is agreed.

The expected outcome of the session is a communiqué. Drawing on the benchmarks set in the 30 May 2017 communiqué, this is expected to highlight the progress made towards meeting the requirements of resolution 2320 (2016). The communiqué is also expected to urge members of the UNSC to adopt the draft resolution that sets to elevate the strategic partnership between the AU and the UN to a higher level.


Update on The Reform of the AU: Review of the 11th Extraordinary Summit of the AU

Amani Africa

22 | November, 2018

The African Union (AU) held a record number of 4 summits in 2018. The last and most recent of these was the 11th extraordinary summit held on 17-18 November here in Addis Abeba, Ethiopia.

This latest summit of the AU attracted the participation of at least 17 heads of state and government of AU member states. Surely compared to the attendance of AU heads of state and government for the China-Africa summit in Beijing, this is lamentable. Yet, it is considered to be not too bad for an extraordinary summit.

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Briefing on Madagascar

Amani Africa

Date | 21 November, 2018

Tomorrow (21 November 2018) the Peace and Security Council (PSC) of the African Union (AU) will hold a briefing session on the situation in Madagascar. The African Union (AU) Commission Chairperson High Representative on Silencing the Gun, Ramtane Lamamra, who served as Head of the AU Election Monitoring Mission to Madagascar, is expected to deliver the briefing. The briefing will cover the political and security developments in the island state, focusing on the national elections.

The presidential elections are considered by the AU and the regional body Southern Africa Development Community (SADC) to be a major test for the consolidation of stability and peaceful transition of political power in a country that experienced turbulent political, security and economic conditions for the past decade.

The briefing will provide update on the conduct of the elections held on 7 November 2018, the run off elections expected to take place on 19 December 2018, and the progress, gaps and prospects for peaceful political transition in Madagascar.

The presidential election held on 7 November is significant in many ways. It is the first election since the 2013 elections that ended the constitutional and political crisis that rocked Madagascar following the coup d’état that took place in 2009. The PSC

suspended Madagascar for unconstitutional changes of government. The sanctions that followed the removal of then President Marc Ravalomanana included sanctioning the figure head of the coup Andry Rajoelina and 108 other senior government officials which included travel ban, asset and financial freeze.
The election was convened after a period of turmoil and political tension that necessitated preventive diplomacy efforts undertaken through Lamamra to create the conditions for the holding of peaceful elections. An attempt by Rajaonarimampianina’s to reform the electoral laws earlier this year was met with rejections and strong opposition followed by months of violent protests in Antananarivo, and the polls reflected his low popularity. His precedency was characterized by low state effectiveness, and political instability that saw an impeachment process targeting him by the National Assembly in 2015. His government was unstable and he appointed three Prime Ministers in 4 years.

While the 7 November election witnessed a high number of candidates at 36, the three leading contestants of the presidential elections were Hery Rajaonarimampianina, who came to power after the 2013 elections, Rajoelina, who ruled the country since the 2009 coup and his arch rival former President Ravalomanana.

Despite the stakes in the election due to the political context and the profile of the leading candidates, election observers from the AU, SADC and the EU all said the poll was conducted fairly and largely without incident. According to the preliminary statement that the AU mission issued the election was conducted following applicable rules and allowed the Malagasy people to freely cast their vote for electing their President of the Republic. Highlighting the precarious electoral environment, it was noted in the AU statement that there was an unsuccessful request from a group of candidates to reopen the electoral list, revoke the Constitutional High Court and replace it with a special electoral court. In terms of voter turn out, it was reported that only 54% of Madagascar’s nearly 10 million registered voters actually cast their ballots, below the first round of the 2013 presidential election where the participation rate was 61%.

According to the results announced by the Independent National Electoral Commission (CENI) the immediate past President Rajaonarimampianina received less than 10 percent of the vote. His campaign for a second term is now over leaving the race for two old rivals Rajoelina and Ravalomanana, whose previous political contest plunged the country into political, security and constitutional crisis in 2009. The results from the first round of polls gave Rajoelina a lead with almost 40 percent of the vote while Ravalomanana got 35.29 percent.

With none of the candidates receiving the 50 percent plus majority vote required for victory, bitter rivals Rajoelina and Ravalomanana will face each other in the run off election. This second round of the presidential election is scheduled for December 19.

Following the announcement of the elections, Rajoelina accused the CENI of manipulation of the election process. At a rally in Antananarivo, he reportedly told his supporters that ‘everything had been done to prevent (him) from scoring more than 40 percent’ in the November 7 first round. The CENI, inflated the number of registered voters and gave votes for (me) to other candidates.’ Although all the three major candidates have alleged fraud and malpractice by election authorities, reacting to the announcement of the results Ravalomanana stated on his facebook page that the next step is preparation for the second round, ‘[d]espite the anomalies noted during the first round of the presidential election’.

Rejecting the accusations CENI stated that it had “ensured the transparency of the electoral system at all times”. In its preliminary statement on the first round of elections, the AU election observation mission called on the candidates and the parties to continue the path of dialogue, scrupulously respect the rule of law and use the competent courts for the settlement of all electoral disputes.

Tomorrow’s briefing will focus on the preparations for the second-round polls and prevention of post- election violence and stalemate. Lamamra’s briefing is in particular expected to highlight not only the next steps in the preparation for the run off election but also the issues that need to be addressed and the role that the AU should play for ensuring peaceful election.

The historic and deep rivalry between two political giants and past presidents Ravalomanana, 68 who ruled from 2002-2009 and Rajoelina, 44 who ruled from 2009-2014 is expected to make the stakes high in the run off. Both candidates were banned from running in the last election in the 2013.
Before the run off election, the High Constitutional Court has until November 26 to validate the results of the first round. The acceptance by the candidates of the verdict of the Court is the first test for creating the conditions for peaceful and credible run off.

The other and perhaps major test is the maintenance of an atmosphere of calm and stability prior to, during and after the elections. In this respect, the signs coming from the country are worrisome. It was reported that two explosions rocked supporters of Rajoelina according to police who ruled out an accident but could not immediately confirm the source of the blasts. The police have issued a warning, expressing concern on the growing tense environment, accusations and war of words between the two camps. It stated that ‘the electoral process is at a delicate moment, sensitive to any tensions and rivalries, so all stakeholders are urged to protect the best interests of the nation and to guarantee order’.

The risk of relapse into a major political crisis and violence remains high. With history of involvement in politics, the role of the army in the election and subsequent transition will be another issue of concern in Madagascar. PSC members would be keen to hear from Lamamra on the risks of such military intervention in the context of the prevailing delicate environment.

The expected outcome of the briefing is a communiqué.


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