Monthly Digest on The African Union Peace And Security Council - July 2023
Monthly Digest on The African Union Peace And Security Council - July 2023
Date | July 2023
In the month of July, Senegal chaired the African Union (AU) Peace and Security Council (PSC). The PSC conducted a total of five sessions, three of which focused on thematic issues, while the other two addressed country/region-specific situations. The sessions were conducted at the ambassadorial level, except for one ministerial level session.
Update on the impact of climate change on peace and security
Update on the impact of climate change on peace and security
30 August 2023
Tomorrow (31 August), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1172nd session to receive updates on the impact of climate change on peace and security.
Following opening remarks by Willy Nyamitwe, Permanent Representative of Burundi and the Chairperson of the PSC for August, AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye is expected to make a statement. AU Commissioner for Agriculture, Rural Development, Blue Economy and Sustainable Environment, Josepha Sacko, may also deliver a statement. A representative of the UN may also make a statement.
Since the PSC’s 585th session of March 2016, which decided to hold annual sessions on climate change, the PSC held nearly a dozen sessions to discuss issues of concern related to climate change. PSC last met on the theme during its 1114th session last October at Ministerial level, which specifically addressed the issue of ‘building resilience and adaptation for food security in African Island States towards COP27’. In the light of the wide range of decisions that the PSC adopted on this theme, an important aspect of tomorrow’s session could be a review of the decisions and their implementation as well as the identification of action plan for the follow up of those decisions that are awaiting implementation.
Tomorrow’s session is taking place ahead of the inaugural Africa Climate Summit, which will be held from 4-6 September 2023 in Nairobi, Kenya, under the theme ‘Driving Green Growth and Climate Finance Solutions for African and the World’. Accordingly, of immediate interest for this session is to explore how best to advance the climate and security agenda as part of the Africa Climate Summit. Depending on how this session informs the African Climate Summit, it can also position the AU and its participation in the 28th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCC), set to take place between November and December 2023.
As part of this session, it is worth recalling the growing impact of climate change particularly in the developing world including Africa, considering that 17 out of 20 countries most affected by climate change are in Africa despite the fact that Africa contributes the least to global greenhouse gas emissions. The adverse impacts of climate change in Africa are reflected in how climate induced extreme whether events affect not only the lives and livelihoods of increasingly large number of people on the continent and curtail progress in achieving development goals but also the governance, security and stability dynamics of affected populations and societies.
The PSC in tomorrow’s session is expected to build on its earlier decisions. In a major development that aims to bring the security dimension of climate change to the center of policy processes on climate, its 1114th session called for the inclusion of discussions on climate and security in the agenda of the meetings of the AU Assembly Committee of African Heads of States and Government on Climate Change (CAHOSCC) – a committee that provides political leadership and strategic guidance on the continent’s engagement on climate change. During the COP27 hosted in Egypt in November 2022, for the first time the issue of the climate security nexus featured during COP. Apart from various side events and high-level events in which the climate-security nexus took centre stage, the COP27 Presidency presented the Climate Responses for Sustaining Peace (CRSP).
Building on its decision from its 1114th session and the initiative of the COP27 presidency, the PSC may not only call on the Africa Climate Summit to declare the designation of climate and security as one of the thematic areas in COP policy processes and ensure that the security implications of climate are duly accounted for so that the security dimension is also fully factored in policy initiatives across the mitigation, adaptation, financing, loss and damage and transition streams of the COP processes.
Understandably, how the security implications of climate change can be addressed as part of the COP processes is something that may be decided as part of the COP negotiation by the states parties. However, the PSC may request that the outcome document of the Africa Climate Summit includes a dedicated segment to the security implications of climate change. As proposed by Amani Africa in its statement on ‘the climate and security nexus in preparation of COP27’, this may involve the establishment of a thematic focus and a dedicated expert group on climate and security on the COP negotiations, which would enable a continuous and robust policy engagement and consultation on climate and security that will make COP processes agile and effectively responsive to various dimensions of the climate crisis.
The other decision that the PSC could build on is from its summit level 984th session, which decided on the establishment of African Union Fund on climate change. Tomorrow’s session may discuss how to concretize the establishment of this fund particularly having regard to the existence of the Africa Climate Change Fund under the Africa Development Bank (AfDB). Considering that an important aspect of the focus of the African Climate Summit is climate finance solutions, tomorrow’s session may also emphasize the imperative for narrowing down the enormous financing gap for climate action in Africa. As rightly noted by the African Development Bank Group President Akinwumi Adesina, a lack of adequate financing for tackling climate change in Africa has become dire and is ‘chocking’ the continent. Apart from exploring new sources of funding, there are two aspects that deserve attention in this respect. The first is for the commitments relating to financing adaptation measures in developing countries to be honoured. The second critical aspect of this requires the easing of the conditions and processes for accessing climate funds. Available statistics show that African countries particularly those most affected by climate, and fragility and conflict receive the least funding on account of the prohibitive nature of the conditions of access for these countries.
The other aspect of the session may focus on how to take the agenda of climate change and security forward both at a global and continental level while strengthening its own structures to effectively respond to the scourge. Apart from integrating climate in the various engagements that the PSC has with the UN Security Council and the European Political and Security Committee building on the last thematic focus of the consultative meeting of the PSC with the UN Peacebuilding Commission, attention may be drawn to mobilizing support for building resilience for the most vulnerable regions of the continent in key social and economic sectors such as agriculture and rural economy.
The expected outcome of tomorrow’s session is a communiqué. PSC is expected to express concern over the rising climate-linked disasters and their implication over the peace, security, stability, and development of the continent. In that regard, it may reiterate its call for the Commission to continue and enhance the identification and mobilization of support to Member States in building national resilience and address the adverse impacts of climate change. PSC may welcome the convening of the inaugural Africa Climate Summit in September in line with decision of the 36th Ordinary Session of the AU Assembly and may urge participants to pay attention to the security implications of climate change in Africa. In relation to the various initiatives and decisions adopted in previous sessions and cognizant of the need for a systematic follow-up to their implementation, PSC may request the Commission to submit a comprehensive report in the next PSC session on the theme, highlighting the status of the implementation of each decision, and action plan on follow up of those decisions pending implementation. As COP28 negotiations will kick off in few months, PSC may urge relevant AU stakeholders, notably the African Group of Negotiators (AGN) to make thorough preparation to ensure that the continent’s interests and priorities are taken onboard in the negotiation process and in this respect to add to the negotiation process the proposed establishment of a dedicated thematic focus on the peace and security implications of climate to help inform how best this agenda can be taken forward in COP processes.
3rd Annual Consultative Meeting between the PSC and RECs/RMs Policy Organs
3rd Annual Consultative Meeting between the PSC and RECs/RMs Policy Organs
Date | 27 August 2023
On 28-29 August, the third Annual Consultative Meeting between the African Union (AU) Peace and Security Council (PSC) and the Regional Economic Communities and Regional Mechanisms (RECs/RMs) Policy Organs will take place in Bujumbura, Burundi.
The opening segment of the session is expected to feature the opening remarks by the PSC Chairperson for August, Burundi’s Permanent Representative to the AU, Willy Nyamitwe. In addition to statement by the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, a keynote address by a representative of Burundi as host of the meeting is expected. The representatives of the RECs/RMs and their Policy Organs are also expected to deliver their respective statements and reflect on the current state of the relationship between the PSC and RECs/RMs and the way forward.
The consultative meeting is convened within the framework of Article 16 of the Protocol relating to the establishment of the PSC (PSC Protocol) and the various PSC retreats that highlighted the need for closer working engagement between the PSC and RECs/RMs. The meeting is also taking place in line with the decision of the PSC and RECs/RMs, during their inaugural joint consultative meeting held on 24 May 2019, to convene the consultative meeting on annual basis. As part of the effort to regularize the engagement, it is to be recalled that the second consultative meeting, which took place on 26 August 2021, further decided to ‘convene consultative meetings at least twice a year at a strategic and political level, and quarterly at a technical level, as well as to remain open to convene ad-hoc consultations to deepen collaboration and respond to emerging conflict’. However, the practice over the last four years indicates that the consultative meeting is happening only once in two years.
The close segment of the session starts with an informal meeting between the PSC/RECs/RMs and the Chairperson of the Africa First Ladies Peace Mission (AFLPM). It is to be recalled that the PSC held for the first time a session on the AFLPM at its 1154th session. Apart from building on this first meeting of the PSC, this informal exchange also provides an opportunity for reflecting on how the AFLPM can contribute to the role of PSC/RECs/RMs including with respect to the impact of conflicts and terrorism on women and the impact of unconstitutional changes of government (UCG) on youth.
The next segment of the consultative meeting is dedicated to the most pressing current peace and security challenges focusing on the resurgence of UCG and the growing threat of terrorism in Africa. This meeting comes at a time when the PSC and RECs/RMs are facing challenges of policy coordination both in respect to UCGs and conflicts. Most recently, this challenge has been experienced vividly in the context of the 26 July 2023 military coup in Niger which became a major flashpoint on policy coordination between the Economic Community of West African States (ECOWAS) and the PSC. While the two agreed on the condemnation of the ousting of the deposed President and on the restoration of constitutional order, the different legal and institutional foundations as well as policy considerations vis-à-vis the range of measures to be taken against the coup led to difference in the policy approach to be taken for restoring constitutional order and the methods and means of achieving this objective. Similarly, gaps in coordination and lack of joint action in the context of the fighting that erupted in April 2023 in Sudan led to the emergence of separate diplomatic initiatives by the AU and Intergovernmental Authority on Development (IGAD), leading to forum shopping.
With respect to the resurgence of UCGs in Africa, one of the immediate issues of concern for AU and RECs/RMs relate to at least two issues. The first is what more and how best the AU and RECs/RMs can do to stop the spread of the occurrence of coups. The second is how to mobilize complementary and coherent policy responses by the AU and RECs/RMs. For this, it is necessary that the RECs/RMs either develop their own policy sanctioning UCGs including coups or implement the common AU norm against UCGs under the African Charter on Democracy, Elections and Governance (ACDEG) to ensure that they have the same legal and policy basis for responding to coups. Some RECs/RMs don’t have legal instruments prohibiting and sanctioning coups. Under such circumstances, it becomes difficult for the AU and such RECs/RMs to coordinate policy responses when coups happen. Thus, in relation to the coup in Sudan, while the AU rightly upheld the applicable principle against coups and invoked Article 7(1)(g) and Article 30 of the Constitutive Act of the AU to suspend Sudan, IGAD, which does not have a norm banning coups, adopted a position calling for the lifting of the suspension of Sudan before the restoration of constitutional order in Sudan.
With respect to the mobilization of coherent and complementary response to coups, the principle of subsidiarity cannot provide the framework for facilitating such coherence and complementarity. As elaborated in Amani Africa’s special research, what is needed for the AU and RECs/RMs to achieve coherence and complementarity in their response to coups is for them to have shared analysis and understanding of the situation and develop framework for consultative decision-making. Understandably, in the absence of such processes, the PSC is required by its Protocol to adopt a policy position on the basis of its own understanding of the situation vis-à-vis the applicable AU norms and policies rather than automatically follow the decision of the REC/RM.
The other agenda item relates to the application of the principles of subsidiarity and complementarity. While the only principles enshrined in the PSC Protocol on the relationship between the AU and sub-regional bodies on peace and security under Article 16 are complementarity and comparative advantage, the principle that dominates the policy discourse and practice is subsidiarity. This focus on subsidiarity and widely held misconception that subsidiarity entails exclusive leadership by RECs/RMs on peace and security or the failure of the AU to assume its role when crisis situations arise, have resulted in the emergence of skewed practices. These are practices that tend to defer to RECs/RMs full lead on responding to crisis and for PSC to play the role of accompanying RECs/RMs lead. These practices, while in part result from the failure of the AU and the PSC to timely engage and respond to emerging crises or conflicts, have the effect of stripping the PSC of the autonomous exercise of the responsibility entrusted to it and hence are not consistent with the framework set in the PSC Protocol, as the founding document of the African Peace and Security Architecture (APSA). In cases where crises or conflicts affect and are of interest for more than one REC/RM such as the terrorist attacks by Boko Haram and the conflict in Eastern DRC, the principle of subsidiarity does not provide guidance on which of the RECs/RMs can take lead and indeed how they can mobilize joint policy responses. (see Amani Africa’s special research for more analysis on the implications of misconceptions relating to the principle of subsidiarity)
Against the background of the foregoing and some of the challenges that this unsound and singular application of subsidiarity have led to over the years with deleterious consequences for cohesion between the AU and RECs/RMs, this 3rd consultative meeting is expected to provide an opportunity for the PSC and the RECs/RMs policy organs to deliberate how to ensure that their engagement on peace and security is guided by the principles of both subsidiarity and complementarity and achieve consensus on course correction on the skewed understanding and use of subsidiarity. For this, it is to be recalled that PSC and policy organs of RECs/RMs, during the second consultative meeting, agreed to ‘commence a transparent, in-depth and dynamic dialogue with the participation of the Member States, the Commission, RECs and RMs concerning the scope, dimensions, variables and criteria of the applicability of the principle of subsidiarity’. One of the workable approaches to subsidiarity is to consider requiring the effective engagement of RECs/RMs that could avoid the policy gaps, divergences and inconsistencies that resulted from its skewed conception and understanding.
Additionally, building on the decisions that the PSC and policy organs of the RECs/RMs adopted during the first and second consultative meetings, as well as PSC’s 870th session, PSC and RECs/RMs can during this 3rd consultative session agree to implement the following measures.
First, the PSC and RECs/RMs Policy organs can decide to implement and operationalize the various modalities for policy coordination and consultative decision making. For instance, during the second consultative meeting, PSC and RECs/RMs agreed to meet at least twice a year at a strategic and political level, and quarterly at a technical level.
Second, there is a need for both the PSC and RECs/RMs to consult and exchange between each other more frequently on specific conflict or crisis situations than before given the challenging political and security landscape of the continent, which is characterized by resurgence of military coups and rising trends of terrorism and violent conflicts. In that regard, the two sides should consider taking practical steps, including the establishment of a team of focal points from all RECs/RMs and the PSC Secretariat that would facilitate a well-coordinated network for regular engagements as envisaged under the previous consultative meeting.
Third, the trans-regional nature of some of the peace and security threats such as terrorism and overlapping membership of some countries in the RECs/RMs raises the issue of horizontal coordination among these organizations. A case in point is Democratic Republic of Congo (DRC) where its overlapping membership to Economic Community of Central African States (ECCAS), Southern African Development Community (SADC), International Conference on the Great Lakes Region (ICGLR), and East African Community (EAC) and the multiple but uncoordinated diplomatic and security initiatives necessitated a convening of the quadripartite summit under the auspices of the AU at the end of June in Luanda, Angola. It is incumbent on the AU to facilitate such coordination in the absence of which, there is risk of paralysis and political vacuum.
The expected outcome of the consultative meeting is a joint communique. While commending the operationalization of some of the agreed initiatives such as the Inter-Regional Knowledge Exchange (I-RECKE) on early warning and conflict prevention, PSC and RECs/RMs may recognize the follow-up challenges to the implementation of most of the previous decisions adopted with the aim to strengthen cooperation and coordination between them. In that regard, both may request the AU Commission, in consultation with the RECs/RMs, to prepare and submit within a specific timeframe, an implementation matrix that clearly highlight the necessary measures along with timelines for the implementation of each decision. The two sides may further agree to convene a high-level meeting (summit level) as part of the AU Mid-year coordination meeting, which could serve as a platform to discuss strategic issues. Given the lack of clarity on the principle of subsidiarity and its implication over the smooth working relationship between the PSC and RECs/RMs, they may decide to take steps to implement their previous decision of commencing a study on the ‘scope, dimensions, variables and criteria of the applicability of the principle of subsidiarity’. This can be done for instance by mandating the AU Commission and the representatives of RECs/RMs to undertake the study within a specific timeframe and submit the same to their joint meeting for consideration.
Beyond Subsidiarity: Understanding the Roles of the AU and RECs/RMs in Peace and Security in Africa
Amani Africa
25 August 2023
INTRODUCTION
Over the years and most recently, various conflict/crisis situations including those in Chad, Democratic Republic of Congo (DRC) and Niger have become flashpoints in the exercise of the respective roles entrusted to the African Union(AU) Peace and Security Council and Regional Economic Communities/Regional Mechanisms (RECs/RMs) for peace and security in their respective legal and policy instruments. While subsidiarity is the principle most invoked as the formula for governing the relationship between the PSC and RECs/RMs, not only what subsidiarity entails in terms of who does what and when remains unclear and contested leading to confusion and even policy paralysis in dealing with specific conflict situations but also such overuse of the term has obscured the fact that it is one among many principles and frameworks for governing the relationship between the AU and RECs/RMs.
Updated Briefing on the development of the Common African Position on cyber security in Africa
Updated Briefing on the Development of the Common African Position on Cyber Security in Africa; Presentation of the Draft ToR of the PSC Sub Committee on Sanctions; Draft ToR of Ministerial Committee on Terrorism; and Draft Manual on Modalities for Enhancing Coordination Between the Peace and Security Council of the African Union and the African Members of the United Nations Security Council
Date | 23 August 2023
Tomorrow (24 August) the African Union (AU) Peace and Security Council (PSC) will convene its 1170th Session. This session will cover a range of important topics, including a briefing on the development of the Common African Position (CAP) on cybersecurity in Africa, the presentation of the Draft Terms of Reference (ToR) of the PSC Sub-Committee on Sanctions, a Draft ToR of Ministerial Committee on Terrorism and a Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council (UNSC).
The session is expected to begin with the opening remarks by Willy Nyamitwe, the Permanent Representative of Burundi and Chairperson of PSC for the month of August. This will be followed by a statement from Bankole Adeoye, the AU Commissioner for Political Affairs, Peace and Security (PAPS). Dr. Guy Fleury-Ntwari, Legal Counsel of the AU and Director of Legal Affairs and Prof. Mohamed Helal, a member of the African Union Commission on International Law (AUCIL) and Special Rapporteur on the Prohibition on Intervention in the Internal and External Affairs of States, are also expected to give a presentation. In addition, Tapiwa Masunungure Zimbabwe’s Committee of Experts member, who chaired the retreat of the Committee of Experts that considered the three documents will deliver a presentation.
Tomorrow’s session on the update briefing by AUCIL is a follow-up to the decision of the 1120th session of the PSC and the request in its subsequent 1148th session. During the 1120th session, which was dedicated to the inaugural engagement of the PSC with the AUCIL, the PSC recognized the need for the development of a CAP on the application of international law on cybersecurity. It was the first time the PSC approached the issue of cyberspace for peace and security from the perspective of regulating it with the rules of international law. The session emphasized the importance of cybersecurity and the need for adequate regulation. Additionally, discussions were held on the management and regulation of cyberspace in order to prevent activities that threaten international peace and security, including the emergence of cyber-weapons and the manipulation of cyberspace for political influence.
Most importantly, during the session, the PSC acknowledged the applicability of international law to cyberspace, and called on AU Member States to adopt a CAP and emphasized the need for Africa to actively engage in the process. To this end, the Council tasked the AUCIL, in collaboration with the AU Commission, to organize consultations with relevant stakeholders on the application of international law to cyberspace. In its most recent 1148th session on cybersecurity, the PSC requested ‘the AU Commission on International Law to expeditiously complete, and submit to the Peace and Security Council, the draft statement of a Common African Position on the Application of International Law to Cyberspace.’
In response to PSC’s assignment from its 1120th session, the AUCIL collaborated with the AU Commission and organized a series of capacity-building training sessions for AU member states. These sessions aimed to equip participants with the knowledge and skills necessary to effectively contribute to the formulation of the CAP regarding the application of international law to cyberspace.
The first session was held online on 29 and 30 March 2023, while the second session took place in Addis Ababa from 12 – 14 June 2023. The third and final part of the capacity-building program took place in New York from 19 – 21 July 2023. The program was attended by experts representing AU Member States who are responsible for following multilateral processes. The third session of the training aimed to strengthen the capacities of AU Member States in cyberspace and international law in order to empower them in multilateral processes like the Open-Ended Working Group on Cybersecurity and the UN General Assembly’s 6th Committee. It also aimed to assist in the process of reviewing and enriching the draft CAP statement.
It is therefore expected that the PSC will receive a progress report and a presentation on the CAP statement in tomorrow’s session. It may be of interest for members of the PSC to know whether the draft statement identifying the rules of international law applicable to cyberspace being presented to the PSC was considered and reflected upon by the AUCIL and updated based on such reflection and whether it covers rules on responsible state behavior in cyberspace. The PSC may also consider whether the statement would benefit from consideration and input of the AU Special and Technical Committee on Justice and Legal Affairs for it to receive strong support and ownership on the part of Member States and the AU broadly. The PSC may also consider how the statement can help in informing the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.
Also worth mentioning for the PSC is whether and how the draft statement took account of and built on the various decisions of the PSC relating to cyberspace and peace and security. Although the PSC has not regularized the decision of its 850th session dedicating a session on this theme on an annual basis, it has since then convened a number of sessions highlighting its increasing engagement and concern about the peace & security implications of cyberspace. Of direct relevance for tomorrow’s session, among other critical points, the 1097th session drew attention to the need for enactment of necessary legislations and regulations at national, regional and continental levels to govern issues related to cyberspace. Most recently, the PSC considered the issue of cybersecurity during its 1148th session last April under Tunisia’s Chairship of the PSC. As the PSC pointed out, its focus on this subject is informed by ‘the growing threat to peace, security and stability in the Continent emanating from the increasing cyber-attacks, malicious use of information and communication technologies (ICTs) and incidents of unethical and hostile cyber-activities undertaken by both, state and non-state actors, including the targeting of government institutions and public infrastructure; the spread of misinformation and disinformation, subversive activities and interferences with national government processes, as well as the promotion of ideologies of hate and hate speech.’
In addition to the CAP statement on cybersecurity, the PSC is expected to receive a presentation on three documents. It is to be recalled that these documents were finalized during the Committee of Experts (CoE)’s retreat that was held from 18 – 22 May 2023.
One such document is the draft TOR of the PSC Committee on Sanctions. During the Reflection Forum on Unconstitutional Changes of Government (UCGs), which was convened in March 2022 in Accra, Ghana, one of the recommendations was to reactivate the PSC Sanctions Committee. Subsequently, the PSC held a session on sanctions and enforcement capacities in the deterrence against UCGs and called for the full operationalization of the PSC Sub-Committee and the development of the requisite technical capacities to ensure its effectiveness. During this 1100th session, the Council also instructed the CoE to develop the ToRs for the PSC Sub-Committee on Sanctions. It is important to note that the CoE was initially established in 2009 by the PSC’s 178th session communique, but it has never been operational. During the CoE retreat in May, the CoE identified certain issues, such as the composition of the Sub-committee and the level of its chairship that require the guidance of the PSC with respect to the Sanctions Sub-Committee.
The second document is the draft ToR of the Ministerial Committee on Terrorism. One of the key outcomes of the 16th Extraordinary Summit of the AU Heads of State and Government on UCGs, which was held in May 2022 in Malabo, Equatorial Guinea, was the establishment of the Ministerial Committee on Counter Terrorism. This committee is meant to coordinate, monitor, evaluate and follow-up on the mechanisms of the implementation of the decisions made during the summit. In this regard, it was expressed in the PSC’s 1107th session communique that the PSC looks forward to the first meeting of the Ministerial Committee on Terrorism. Since the decision of the Malabo Summit was for the AU Commission to prepare the ToR of the Committee, in tomorrow’s meeting the CoE may propose that the draft ToR be referred to the AU Commission for finalization and presentation to the minsters. The ToR is expected to outline the purpose, goals, scope, working arrangement and composition of the ministerial committee.
Lastly, the PSC will consider the draft manual on modalities for enhancing coordination between the PSC and the African members of the UNSC. The development of this manual is in line with the request made by the PSC during its 1056th session that considered the Conclusions of the 8th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9th Annual High Level Seminar on Peace and Security in Africa on 18 January 2023. Accordingly, the draft manual was presented to the participants of the Seminar and it was requested to circulate the draft to all AU member states for inputs before submitting it for the consideration of the PSC. Following its update during the CoE meeting last May, the representative of the CoE is expected to propose the adoption of the manual by the PSC during tomorrow’s session.
What is expected following the presentations of these three documents is that the PSC will take the required steps including the adoption of the documents and/or clearing of the documents that may require adoption at a different forum or level.
The outcome of the session is expected to be a Communiqué. It is expected that the PSC will reiterate the urgent need for a Common African Position on the application of international law on cyberspace, as well as the need for Africa to actively engage in the process. It is also expected that it will commend the work of the AUCIL in working towards appraising representatives of AU Member States of the latest developments in the field of the rules of international law applicable to cyberspace. It may also emphasize on the importance of capacity building and the need to continue such efforts. The Council may also welcome the draft CAP statement on cyberspace for peace and security. The PSC may recommend that it is presented to relevant AU bodies such as the STC on Justice and Legal Affairs for wider input and build on and reflect the relevant decisions of AU policy organs including those of the PSC. The PSC may request the AU Commission to use the statement in the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.
Additionally, the PSC may welcome the work of the CoE in developing the three documents presented to it. It may also adopt the Terms of Reference of the PSC Sub-Committee on Sanctions with clarification of the issues presented to it for its guidance. The Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council is expected to be adopted by the PSC. The PSC may also refer the Draft ToR of the Ministerial Committee on Terrorism to the AU Commission for its updating and submission for adoption by AU Ministers.
Updated Briefing on the development of the Common African Position on cyber security in Africa
Updated Briefing on the Development of the Common African Position on Cyber Security in Africa; Presentation of the Draft ToR of the PSC Sub Committee on Sanctions; Draft ToR of Ministerial Committee on Terrorism; and Draft Manual on Modalities for Enhancing Coordination Between the Peace and Security Council of the African Union and the African Members of the United Nations Security Council
Date | 23 August 2023
Tomorrow (24 August) the African Union (AU) Peace and Security Council (PSC) will convene its 1170th Session. This session will cover a range of important topics, including a briefing on the development of the Common African Position (CAP) on cybersecurity in Africa, the presentation of the Draft Terms of Reference (ToR) of the PSC Sub-Committee on Sanctions, a Draft ToR of Ministerial Committee on Terrorism and a Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council (UNSC).
The session is expected to begin with the opening remarks by Willy Nyamitwe, the Permanent Representative of Burundi and Chairperson of PSC for the month of August. This will be followed by a statement from Bankole Adeoye, the AU Commissioner for Political Affairs, Peace and Security (PAPS). Dr. Guy Fleury-Ntwari, Legal Counsel of the AU and Director of Legal Affairs and Prof. Mohamed Helal, a member of the African Union Commission on International Law (AUCIL) and Special Rapporteur on the Prohibition on Intervention in the Internal and External Affairs of States, are also expected to give a presentation. In addition, Tapiwa Masunungure Zimbabwe’s Committee of Experts member, who chaired the retreat of the Committee of Experts that considered the three documents will deliver a presentation.
Tomorrow’s session on the update briefing by AUCIL is a follow-up to the decision of the 1120th session of the PSC and the request in its subsequent 1148th session. During the 1120th session, which was dedicated to the inaugural engagement of the PSC with the AUCIL, the PSC recognized the need for the development of a CAP on the application of international law on cybersecurity. It was the first time the PSC approached the issue of cyberspace for peace and security from the perspective of regulating it with the rules of international law. The session emphasized the importance of cybersecurity and the need for adequate regulation. Additionally, discussions were held on the management and regulation of cyberspace in order to prevent activities that threaten international peace and security, including the emergence of cyber-weapons and the manipulation of cyberspace for political influence.
Most importantly, during the session, the PSC acknowledged the applicability of international law to cyberspace, and called on AU Member States to adopt a CAP and emphasized the need for Africa to actively engage in the process. To this end, the Council tasked the AUCIL, in collaboration with the AU Commission, to organize consultations with relevant stakeholders on the application of international law to cyberspace. In its most recent 1148th session on cybersecurity, the PSC requested ‘the AU Commission on International Law to expeditiously complete, and submit to the Peace and Security Council, the draft statement of a Common African Position on the Application of International Law to Cyberspace.’
In response to PSC’s assignment from its 1120th session, the AUCIL collaborated with the AU Commission and organized a series of capacity-building training sessions for AU member states. These sessions aimed to equip participants with the knowledge and skills necessary to effectively contribute to the formulation of the CAP regarding the application of international law to cyberspace.
The first session was held online on 29 and 30 March 2023, while the second session took place in Addis Ababa from 12 – 14 June 2023. The third and final part of the capacity-building program took place in New York from 19 – 21 July 2023. The program was attended by experts representing AU Member States who are responsible for following multilateral processes. The third session of the training aimed to strengthen the capacities of AU Member States in cyberspace and international law in order to empower them in multilateral processes like the Open-Ended Working Group on Cybersecurity and the UN General Assembly’s 6th Committee. It also aimed to assist in the process of reviewing and enriching the draft CAP statement.
It is therefore expected that the PSC will receive a progress report and a presentation on the CAP statement in tomorrow’s session. It may be of interest for members of the PSC to know whether the draft statement identifying the rules of international law applicable to cyberspace being presented to the PSC was considered and reflected upon by the AUCIL and updated based on such reflection and whether it covers rules on responsible state behavior in cyberspace. The PSC may also consider whether the statement would benefit from consideration and input of the AU Special and Technical Committee on Justice and Legal Affairs for it to receive strong support and ownership on the part of Member States and the AU broadly. The PSC may also consider how the statement can help in informing the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.
Also worth mentioning for the PSC is whether and how the draft statement took account of and built on the various decisions of the PSC relating to cyberspace and peace and security. Although the PSC has not regularized the decision of its 850th session dedicating a session on this theme on an annual basis, it has since then convened a number of sessions highlighting its increasing engagement and concern about the peace & security implications of cyberspace. Of direct relevance for tomorrow’s session, among other critical points, the 1097th session drew attention to the need for enactment of necessary legislations and regulations at national, regional and continental levels to govern issues related to cyberspace. Most recently, the PSC considered the issue of cybersecurity during its 1148th session last April under Tunisia’s Chairship of the PSC. As the PSC pointed out, its focus on this subject is informed by ‘the growing threat to peace, security and stability in the Continent emanating from the increasing cyber-attacks, malicious use of information and communication technologies (ICTs) and incidents of unethical and hostile cyber-activities undertaken by both, state and non-state actors, including the targeting of government institutions and public infrastructure; the spread of misinformation and disinformation, subversive activities and interferences with national government processes, as well as the promotion of ideologies of hate and hate speech.’
In addition to the CAP statement on cybersecurity, the PSC is expected to receive a presentation on three documents. It is to be recalled that these documents were finalized during the Committee of Experts (CoE)’s retreat that was held from 18 – 22 May 2023.
One such document is the draft TOR of the PSC Committee on Sanctions. During the Reflection Forum on Unconstitutional Changes of Government (UCGs), which was convened in March 2022 in Accra, Ghana, one of the recommendations was to reactivate the PSC Sanctions Committee. Subsequently, the PSC held a session on sanctions and enforcement capacities in the deterrence against UCGs and called for the full operationalization of the PSC Sub-Committee and the development of the requisite technical capacities to ensure its effectiveness. During this 1100th session, the Council also instructed the CoE to develop the ToRs for the PSC Sub-Committee on Sanctions. It is important to note that the CoE was initially established in 2009 by the PSC’s 178th session communique, but it has never been operational. During the CoE retreat in May, the CoE identified certain issues, such as the composition of the Sub-committee and the level of its chairship that require the guidance of the PSC with respect to the Sanctions Sub-Committee.
The second document is the draft ToR of the Ministerial Committee on Terrorism. One of the key outcomes of the 16th Extraordinary Summit of the AU Heads of State and Government on UCGs, which was held in May 2022 in Malabo, Equatorial Guinea, was the establishment of the Ministerial Committee on Counter Terrorism. This committee is meant to coordinate, monitor, evaluate and follow-up on the mechanisms of the implementation of the decisions made during the summit. In this regard, it was expressed in the PSC’s 1107th session communique that the PSC looks forward to the first meeting of the Ministerial Committee on Terrorism. Since the decision of the Malabo Summit was for the AU Commission to prepare the ToR of the Committee, in tomorrow’s meeting the CoE may propose that the draft ToR be referred to the AU Commission for finalization and presentation to the minsters. The ToR is expected to outline the purpose, goals, scope, working arrangement and composition of the ministerial committee.
Lastly, the PSC will consider the draft manual on modalities for enhancing coordination between the PSC and the African members of the UNSC. The development of this manual is in line with the request made by the PSC during its 1056th session that considered the Conclusions of the 8th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9th Annual High Level Seminar on Peace and Security in Africa on 18 January 2023. Accordingly, the draft manual was presented to the participants of the Seminar and it was requested to circulate the draft to all AU member states for inputs before submitting it for the consideration of the PSC. Following its update during the CoE meeting last May, the representative of the CoE is expected to propose the adoption of the manual by the PSC during tomorrow’s session.
What is expected following the presentations of these three documents is that the PSC will take the required steps including the adoption of the documents and/or clearing of the documents that may require adoption at a different forum or level.
The outcome of the session is expected to be a Communiqué. It is expected that the PSC will reiterate the urgent need for a Common African Position on the application of international law on cyberspace, as well as the need for Africa to actively engage in the process. It is also expected that it will commend the work of the AUCIL in working towards appraising representatives of AU Member States of the latest developments in the field of the rules of international law applicable to cyberspace. It may also emphasize on the importance of capacity building and the need to continue such efforts. The Council may also welcome the draft CAP statement on cyberspace for peace and security. The PSC may recommend that it is presented to relevant AU bodies such as the STC on Justice and Legal Affairs for wider input and build on and reflect the relevant decisions of AU policy organs including those of the PSC. The PSC may request the AU Commission to use the statement in the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.
Additionally, the PSC may welcome the work of the CoE in developing the three documents presented to it. It may also adopt the Terms of Reference of the PSC Sub-Committee on Sanctions with clarification of the issues presented to it for its guidance. The Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council is expected to be adopted by the PSC. The PSC may also refer the Draft ToR of the Ministerial Committee on Terrorism to the AU Commission for its updating and submission for adoption by AU Ministers.