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.
Briefing on Continental Early Warning and Security Outlook
Briefing on Continental Early Warning and Security Outlook
Date | 21 August 2023
Tomorrow (22 August), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1169th session to receive briefing on continental early warning and security outlook. This briefing is expected to be delivered by the Committee of Intelligence and Security Services of Africa (CISSA); African Centre for the Study and Research on Terrorism (ACSRT); and African Union Mechanism for Police Cooperation (AFRIPOL).
Following opening remarks by Willy Nyamitwe, Permanent Representative of Burundi and Chairperson of the PSC for the month of August, AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye is expected to make a statement. Executive Secretary of CISSA, Zainab Ali Kotoko is also expected to make a statement. Representatives of ACSRT and AFROPOL are also expected to deliver briefings.
Taking place in line with the decision of PSC’s 1073rd session which requested for quarterly briefings on continental early warning and security outlook, tomorrow’s session is expected to discuss the state of the political and security situation of the continent since the last briefing on the security outlook of the continent. At the 1138th session when the PSC last received a briefing on early warning and security outlook of the continent, the increasing spread of terrorism, resurgence of unconstitutional changes of government (UCG) and unstable political transitions were among the main concerns that received attention. During tomorrow’s session, members of the PSC may seek update on the measures taken to follow up on the outcome of the previous session and what more needs to be done in respect to these conditions.
The changing nature of conflicts in Africa is perhaps one of the first concerns that may feature in tomorrow’s briefing. This can be viewed from at least two perspectives. The first one involves the increasing trend in urban based hostilities in parts of Africa. Although not a new phenomenon, the increase in the prevalence of conflicts in urban areas necessitates re-examination of the response of AU to conflicts. As the unfolding civil war in Sudan attests, conflicts in urban areas exponentially increase civilian casualties and the destruction of civilian infrastructure including strategic facilities.
These features of conflicts in urban settings underscore the need for making observance of international humanitarian law (IHL) principles the central focus of regional and continental peace and security diplomacy. Securing commitment of and pressing conflict parties to observe IHL rules should be made part of the ToRs of mediators and envoys. Significantly, the PSC needs to add to the tools that are used for enhancing civilian protection in such conflict settings the establishment of a dedicated mechanism for monitoring, investigating and reporting on violations.
Another important manifestation of the changing nature of conflicts in the continent is related to the spike in internationalisation of internal armed conflicts in African countries. While the involvement of external actors in conflict situations in Africa is not a new development, data sources indicate a significant rise in such interventions observed over the past few years. A recent research documents for example that while only 12 internationalised conflicts were recorded in Africa between 1991 and 2010, 27 such conflicts were recorded in the years from 2011 to 2021. And in 2021 alone, 17 cases of internationalised conflicts were documented. This is further compounded by the rise of ‘emerging powers’ and their aspiration to exert influence on the direction and outcome of conflicts as happened in the conflicts in Libya and most recently in the Horn of Africa. As being experienced in Libya and Sudan, one of the major consequences of this increasing internationalization of conflicts in Africa is the increasing decline in the leadership role of the AU in mobilizing conflict management and resolution efforts.
Another related feature of the peace and security landscape of the continent that the PSC needs to reflect on during tomorrow’s session is the deepening geopolitical rivalry pitting western countries such as the US and France against Russia and China is exacerbating existing conditions of fragility and insecurity on the continent. This is playing itself out in conflicts in the Sahel, Horn of Africa and Great Lakes Region, among others, as well as the resurgence of coups and the contestations surrounding how to respond to the coups as is currently unfolding in Niger.
A concerning persistent trend on which ACSRT would provide update in tomorrow’s briefing is the growing threat of terrorism and violent extremism. Apart from the eruption of new conflicts (a case in point being Sudan’s new conflict that erupted in April 2021), conflicts involving terrorist groups are main feature of the rise in the number and geographic spread of conflicts in Africa, as depicted in the graph below.
According to the ACSRT’s quarterly bulletin on terrorism in Africa, in the first quarter of 2023 alone, 426 terrorist attacks were recorded resulting in 2,809 deaths. Of the total deaths recorded, majority (1,226) were civilians demonstrating the continuing increase in civilian casualties resulting from terrorist attacks. On the other hand, despite the civilian harm most attacks continued to result in, the primary targets of majority of the attacks perpetrated during the first quarter of 2023 were military and security forces.
ACSRT’s bulletin further indicates the increase experienced both in terrorist attacks and deaths ensuing therefrom, in the first quarter of 2023 as compared to the pervious reporting period (last quarter of 2022). While attacks have shown a 43% increase, related deaths have increased by 60%. In terms of regions most affected by terrorist attacks, west Africa continues to contribute the highest number of attacks as well as related casualties, with east and central Africa following closely.
Aside from the spike in terrorist attacks, it is also important to note the increasing sophistication and complex nature of terrorist activities. In the Lake Chad Basin (LCB) region, terrorist groups such as the Islamic State’s West Africa Province (ISWAP) have been noted not only for scaling up their use of Improvised Explosive Devices (IEDs) but also deploying efforts for the usage of drones to carry out attacks. It is known that previously, terrorist networks like Boko Haram have been able to use unmanned aerial vehicles (UAVs) for the purposes of surveillance.
While the AU entities that deliver the briefing on the security outlook are by the very nature of their mandate focus on hard security dimension of the peace and security dynamics of the continent, the challenge that the democratic governance deficit poses to peace and security in Africa also deserves not any less importance, including from prevention dimension. In this respect, it would be of particular significance for the PSC’s reflection to go beyond a focus on the resurgence of coups as the coup in Niger makes clear.
Tomorrow’s session needs to critically interrogate the deleterious impact that elections with questionable legitimacy, prolongation of power by tampering with constitutional provisions on presidential term limits, corruption and nepotism and the failure of states to deliver basic services have on political stability on the continent. In this context and in the light of the risk for coups arising from elections whose legitimacy is contested, there is a need for reflecting on the lessons from the recent Sierra Leone elections and the need for monitoring the post-electoral environment with a view to help address the situation. Although there is necessity for a margin of appreciation that enables member states to deal with certain governance and peace and security issues internally, the AU and relevant RECs have the duty to effectively implement their preventive mandates by deploying the appropriate measures to address these conditions before they erupt into more serious threats.
Impacts of climate change on peace and security forms another factor that may feature in tomorrow’s briefing. In addition to fuelling intercommunal violence, such as the conflict between herder and farming communities in parts of West Africa and the Sahel, by intensifying competition over increasingly depleting scarce resources, climate induced whether conditions ranging from droughts to flooding in the Horn of Africa continue to have a devastating effect on significant portion of populations across Africa. Faced with food insecurity, environmental degradation and loss of livestock as well as arable land, thousands of peoples in various African countries are regularly displaced from their homes. In addition to straining the continent’s humanitarian response capacity, these climatic conditions severely challenge capacities of states and multilateral bodies for managing existing conditions of insecurity and conflict.
The expected outcome of tomorrow’s session is a Communiqué. The PSC is expected to take note of the emerging as well as persisting peace and security threats in Africa. It may express the need for the AU to mobilize deliberate and targeted strategies on the various threats to peace and security on the continent ranging from those focusing on mitigation to those involving sustained use of conflict resolution tools working together with member states and the relevant RECs/RMs to effectively and timely respond to these concerns. The PSC may request that RECs/RMs and the governance and human rights bodies of the AU including the African Peer Review Mechanism (with its additional mandate of early warning) to work with the AU entities that deliver the quarterly briefing on continental early warning and security outlook both in the delivery of the briefing and in developing targeted strategies and plans for mitigating and resolving these security threats including through the use of the various APSA and AGA tools. The PSC may underscore the need for member states to avoid denialism and the invoking of national sovereignty in order to enable a more enhanced collaboration with relevant AU and RECs/RMs mechanisms for conflict prevention. The PSC may also request that the quarterly briefings apart from providing comprehensive update on the overall outlook provide focused analysis on specific peace and security threats in the briefings to enable a more focused engagement on such specific aspect of the peace and security outlook. In this respect, the PSC may request that the AU Commission provide it with analysis on the impact of the increasing influence of middle powers and geopolitical rivalry in Africa and the attendant adverse impacts on peace and security. Having regard to the continued prevalence of security threats related to UCG and terrorism, the PSC may also call for review of the Declaration on Terrorism and UCG in Africa adopted at the 16th Extraordinary Session of the AU Assembly [Ext/Assembly/AU/Decl.(XVI)] and the development of effective responses within the framework of the declaration to arrest the spread of UCGs and terrorism in Africa.