Le Conseil de Paix et de Securite de l'Union Africaine - Manuel 2023

Amani Africa

2023

REMERCIEMENTS

Le Manuel du Conseil de paiX et de sécurité de l’Union africaine est une initiative d’Amani Africa Media and Research Services (Amani Africa), qui fournit des informations et des analyses faisant autorité sur le CPS et son travail. Comme pour les deux éditions précédentes du Manuel, la présente édition du Manuel a bénéficié de l’engagement d’Amani Africa avec les acteurs clés du travail du CPS. Je tiens à remercier les membres du CPS, en particulier les présidents mensuels du CPS, les Secrétariats du CPS et les membres du Comité d’experts pour leur soutien à la préparation de cette troisième édition du Manuel.

Je tiens à remercier tout particulièrement S.E. Bankole Adeoye, Commissaire aux Affaires politiques, la Paix et la Sécurité (PAPS) pour avoir honoré le présent manuel d’un avant-propos, soulignant l’importance de la recherche et de l’analyse pour soutenir la mise en œuvre du Protocole relatif à la création du CPS.

J’adresse un mot de remerciement à nos partenaires et parties prenantes qui ont fourni leurs réfleXions sur la valeur du Manuel du CPS de l’UA. À cet égard, je tiens à citer Parfait Onanga-Anyanga, Représentant spécial du Secrétaire général auprès de l’UA et chef de l’UNOAU, Comfort Ero, Président-directeur général de l’International Crisis Group, Bruce Mokaya, chef de la délégation du CICR auprès de l’UA et des organisations internationales, ainsi que Tim Murithi, chef des interventions de consolidation de la paiX à l’Institut pour la justice et la réconciliation et Professeur des études africaines.

Permettez-moi également de reconnaitre avec appréciation le soutien habituel du personnel du Secrétariat du CPS, en particulier Neema Nicholaus Chusi, chef par intérim du Secrétariat du CPS.

La présente édition du Manuel est le produit de l’engagement d’Amani Africa avec l’ensemble du personnel du Département du PAPS à qui nous eXprimons également notre gratitude.

Nous tenons à remercier le Gouvernement de la Suisse qui a apporté son soutien en tant que partenaire au projet de rédaction et de publication du présent Manuel.

Dr. Solomon Ayele Dersso, au nom de l’équipe d’Amani Africa 

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Update briefing on the Operations of SADC Mission in Mozambique (SAMIM)

Update briefing on the Operations of SADC Mission in Mozambique (SAMIM)

Date | 3 March 2024

Tomorrow (4 March), the African Union (AU) Peace and Security Council (PSC) will convene its 1203rd session for an updated briefing on the operations of the Southern African Development Community Mission in Mozambique.

The session opens with the opening remarks of Emilia Mkusa, the Permanent Representative of the Republic of Namibia and the Chairperson of the PSC for March. This will be followed by a statement from Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security (PAPS). Additionally, a representative from the Republic of Mozambique, as the concerned state and Kula Ishmael Theletsane, the Director of Politics and Security Affairs of the Southern African Development Community (SADC), are also expected to give briefings. The representative of Rwanda, which has deployed troops to Mozambique based on bilateral arrangements, may also deliver a statement.

The SADC Mission in Mozambique also known as SAMIM, was initially deployed in July 2021 following an approval by the extraordinary summit of the SADC that was held on 23 June 2021 in Maputo, Mozambique. The peace support operation was initially intended for a six-month duration, but it has since been extended three times. The first extension came in January 2022, extending the mission for three months, while the second extension in August 2022 extended the mission for a year. The PSC’s last discussion on the issue also took place following SAMIM’s second extension. The outcome of this meeting (1119th session) held on 7 November 2022 led to the PSC endorsing two significant decisions from the 42nd Ordinary Summit of SADC held in August 2022. The first decision was to extend SAMIM’s mandate for another year and the second was to de-escalate the intervention from scenario 6 to scenario 5 and eventually to scenario 4.

The most recent extension, which was officially confirmed on 28 January was a result of the decision made at the 43rd Ordinary Summit of SADC, held on 17 August 2023 in Luanda, Republic of Angola. This summit endorsed the decision of the Organ Troika Summit of 16 August 2023 to extend the SAMIM’s mandate by 12 months, making the new end date 15 July 2024. Beyond the extension, the Summit instructed the leadership of SAMIM to initiate a step-by-step drawdown starting from 15 December 2023, with the complete withdrawal to be finalized by 15 July 2024.

The decision to withdraw SAMIM has raised questions, particularly in light of the attacks by the Islamic-State of Mozambique (ISM) resurgence in the Cabo Delgado province since September 2023. This has since escalated in January 2024 following the launch of ‘kill them where you find them’ campaign by the ISM. Until June 2023, the Islamic-State armed insurgency, which took root in October 2017 in Cabo Delgado province, has resulted in the death of more than 6,500 people. Additionally, as reported by the United Nations Office for the Coordination of Humanitarian Affairs (OHCA), the attacks have displaced over a million people throughout the years. By August 2023, a significant number of these internally displaced persons, totalling 571,468, returned to their homes. Notably, 540,958 of these returnees are from Cabo Delgado. The districts that are home to the most returnees include Mocímboa da Praia, Palma and Muidumbe people. However, since January 2024, the attacks have spread to Mocímboa da Praia district and the neighbouring districts of Palma and Muidumbe, including the district of Mocomia coast stretching to Mecufi. In the last two months, it is estimated that more than 67,000 individuals have evacuated the southern districts of Cabo Delgado, according to government officials. These are new developments indicate the security forces deployed in Mozambique including SAMIM are strained.

When the second extension of SAMIM was approved by SADC in 2022, its mandate shifted from an African Standby Force Scenario 6 military only operation (in the words of the PSC ASF based ‘peace-enforcement mission to neutralise the terrorist threat and restore state-authority in the affected districts in Cabo Delegado’) towards a more comprehensive approach, emphasizing peace building and governance. Despite some of the gains registered by SAMIM, its efforts toward peacebuilding and good governance have faced numerous challenges including funding shortages. Even the progress made through military offensives is put to the test as ISM insurgents adapt their strategies. They now operate in smaller groups, directing attacks on civilians and military targets and integrating into local communities, which makes them more difficult to detect and counteract. This situation casts doubt on the timeliness of the decision to withdraw SAMIM. One incident that highlights this issue is when Mozambican security forces, who have been struggling with food shortages and months of unpaid salaries, effectively gave up control of the crucial village of Mucojo on January 18. This withdrawal allowed the insurgents unrestricted access to the Macomia coast.

Given the persisting insurgency and the planned withdrawal of SAMIM, it is expected that Kula Ishmael Theletsane’s briefing to the PSC will shed light on the preparedness of the Mozambique Defence Armed Forces (FADM) to step in and address the potential ensuing security vacuum. Furthermore, the briefing may also elaborate on the withdrawal plan of SAMIM. It would also be of interest to the PSC to learn about the plan on how to fill in the potential vacuum that may arise on the departure of SAMIM and the role of the Rwandan Defence Forces (RDF). The role of the RDF is one of the aspects of the meeting between President Paul Kagame and President Filipe Nyusi held on January 25.

Tomorrow’s session is also an opportunity to follow up on the Council’s previous decisions with regard to AU’s equipment support to the SAMIM.  During its 1119th session, the PSC expressed concern over the delayed shipment of the second batch of equipment, which China had pledged to donate and ship directly to Mozambique. This decision was first made during the 1062nd PSC session in January 2022. Due to this lack of progress, the PSC during its previous session on SAMIM requested the AU Commission to continue coordinating with the Chinese Embassy in Addis Ababa to expedite the delivery. The Director for Conflict Management in the AU Peace and Security Department undertook a field mission to Pemba, Mozambique on 17 November 2023. This action aligns with the PSC’s request for the AU Commission to deliver the donated equipment to the SAMIM support operation.

The expected outcome of the session is a Communique. The PSC may express concerns over the resurgence of attacks in Cabo Delgado and the persistence of the insurgency and the threat it poses to the various neighbouring districts of Cabo Delgado. The Council may endorse the communique of the 43rd ordinary summit of SADC that extended the mandate of SAMIM. The PSC may also emphasize the need for ensuring that the exit of SAMIM does not lead to a security vacuum that may lead to the reversal of the gains made by the deployment of SAMIM. The Council may also emphasise on the need for enhanced coordination and cooperation between SAMIM, FADM and RDF. Cognizant of the need to address the structural causes of the scourge in northern Mozambique for lasting peace and stability in the region, the Council may emphasize the importance of enhancing the implementation of peacebuilding and reconstruction measures for the rehabilitation of affected communities, rebuilding of legitimate local government structures. The PSC may further emphasise the need for strategies for promoting long-term stability in Mozambique, including supporting initiatives aimed at addressing the root causes of conflict and promoting inclusive development and governance. Lastly, the Council may reiterate its request for the Commission and SADC Secretariat to provide regular progress updates to the Council on the process of drawdown and withdrawal of SAMIM’s mandate and the plan for avoiding the emergence of a security vacuum on the departure of SAMIM.


Briefing on the situation in Eastern DRC and deployment of the SADC Mission in the DRC (SAMIDRC)

Briefing on the situation in Eastern DRC and deployment of the SADC Mission in the DRC (SAMIDRC)

Date | 3 March 2024

Tomorrow (04 March), the African Union (AU) Peace and Security Council (PSC) will consider the security situation in eastern Democratic Republic of Congo (DRC) and the deployment of the Southern African Development Community (SADC) Mission in the DRC (SAMIDRC), as one of the agenda items of its 1203rd session.

Emilia Mkusa, Permanent Representative of the Republic of Namibia to the AU and PSC Chairperson for the month, will deliver opening remarks. Bankole Adeoye, AU Commissioner for Political Affairs, Peace and Security (PAPS) is also expected to make a statement. This will be followed with statements by a representative of DRC as well as a representative of the Republic of Zambia, SADC Chair of the Organ on Politics, Defence and Security Affairs. Kula Ishmael Theletsane, Director of SADC Organ on Politics, Defence and Security Affairs is also expected to brief the PSC. Force Commander of the SAMIDRC may also participate in the session.

In the previous year, the PSC considered the situation in eastern DRC at the Heads of State and Government level, at its 1140th session held in February. It also committed its 1145th session held in March to the consideration of the report of its filed mission to the DRC conducted from 20 to 23 March 2023. Since then, there have been major developments in relation to the situation in the region as well as the response mechanisms deployed to manage the crisis, including SADC’s deployment of SAMIDRC on 08 May 2023. Tomorrow’s session offers the opportunity to discuss these developments.

Since October 2023, the security situation in eastern DRC has significantly worsened increasing regional tensions. While much attention has been directed towards the ongoing conflict involving the Congolese armed forces (FARDC) alongside allied militias and the Mouvement du 23 mars (M23), other domestic and foreign armed groups such as the Allied Democratic Forces (ADF), the Coopérative pour le développement du Congo (CODECO), the Forces démocratiques de libération du Rwanda (FDLR), Red Tabara, and Mai-Mai also continue to wreak havoc in the region, significantly impacting the civilian population.

There have been ongoing regional initiatives under the auspices of the East African Community (EAC) and the International Conference on the Great Lakes Region (ICGLR) known as the Nairobi and Luanda processes to address the situation in eastern DRC. An EAC Regional Force (EACRF) was also deployed in eastern DRC as part of the Nairobi process but EACRF eventually withdrew from the region in December 2023 due to the Congolese government’s disappointment over the EACRF’s inability to resolve the issue of the M23 and its unwillingness to renew the Status of Force Agreement (SOFA).

Even before EACRF’s departure, the Congolese government had already turned its attention towards SADC, which on 8 May decided to deploy SAMIDRC with a mandate to support restoring peace and stability in eastern DRC. On 17 November, SADC signed a SOFA with the DRC to pave the way for the mission’s deployment in December 2023. SAMIDRC is comprised of contingents from Malawi, South Africa, and Tanzania which are actively engaged in providing support to the FARDC in the ongoing fight against M23. Tomorrow’s session marks the first time when the PSC will discuss the decision of SADC Heads of State and Government on the deployment of troops to the DRC on 08 May 2023.

Following EACRF’s departure, the M23 reportedly retook control of the areas that it handed to the force and made advances towards Goma, the capital of North Kivu. The ongoing fighting near Sake, a town 27 kilometres from Goma has exacerbated the humanitarian crisis in the region and the massive displacement of people has heightened international concerns. The situation has also increased regional tensions with escalatory rhetoric and accusations between DRC and its neighbours. For instance, recently, DRC accused Rwanda of targeting a Congolese military aircraft stationed at the Goma airport that reportedly sustained minor damage in a drone attack on 17 February 2023. Rwanda also accused DRC of posing a threat to its security by violating its air space and, announced its decision to adjust its security posture including measures to ensure complete air defense of Rwanda, and to degrade offensive air capabilities. Additionally, Rwanda accused DRC and Burundi of publicly declaring their support for regime change in Rwanda following the 12 February visit of Burundian President Évariste Ndayishimiye to Kinshasa, where he reportedly met with his Congolese counterpart to discuss the security situation in eastern DRC.

Burundi has deployed its forces in eastern DRC under a bilateral agreement with the Congolese government. Tensions between Rwanda and Burundi escalated after Burundi’s decision in January to close its borders with Rwanda, citing allegations of Rwandan support for Burundian armed groups—a charge Rwanda denies. Burundi’s border closure came in response to a 22 December 2023 attack by Red Tabara, a Burundian armed group operating in eastern DRC, which targeted a village near Burundi’s western border with the DRC, resulting in the loss of 20 lives, including 12 children. Another attack by Red Tabara on 26 February reportedly claimed nine lives and left several others injured.

On the margins of the AU Summit, Angolan President and Chair of the International Conference on the Great Lakes Region (ICGLR), Joao Lourenço, convened a mini-summit on 16 February which saw the participation of regional leaders and AU Commission Chairperson Moussa Faki Mahamat. The mini-summit discussed ways of restoring a cessation of hostilities and facilitating direct talks between the DRC and Rwanda to avoid the further expansion of the conflict into a regional crisis. With the mini-summit ending without any concrete outcome and the two sides descending into heated exchanges, President Lourenço held bilateral meetings with the presidents of the DRC and Rwanda on 17 February. He continued his diplomatic engagement in Luanda meeting with President Felix Tshisekedi on 27 February who reportedly agreed in principle to meet with President Paul Kagame.

During the AU summit, there was also a tripartite meeting of the leaders of Burundi, the DRC, and South Africa in Addis Ababa on 17 February, which focused on the coordination of forces operating in eastern DRC in support of the FARDC. Burundi and South Africa are actively involved in providing support to the Congolese government in its military operations in North Kivu, with Burundi operating within a bilateral arrangement and South Africa participating as part of the SAMIDRC mission. The three leaders met again in Windhoek, during the funeral ceremony of the late Namibian President, to continue the discussion in the tripartite format.

On 14 February,  two SAMIDRC troops from South Africa were killed and three others injured in a mortar attack, according to a 15 February press release of the South African National Defence Force. South Africa reaffirmed its commitment to continue assisting the Congolese people and underscored SAMIDRC’s role as a ‘bulwark against the expansion of the conflict to the whole country’. However, Rwanda alleged that SAMIDRC ‘is not a neutral force in the current crisis’, accusing it of supporting the DRC government’s ‘belligerent posture, which bears the potential for further escalation of the conflict and increased tensions in the region’, according to a letter the country sent to the Security Council.

This came against the backdrop of discussions about possible UN operational and logistical support to SAMIDRC. On 22 November 2023, SADC formally requested UN assistance for SAMIDRC, including the provision of facilities, equipment, air asset services, medical support, and information and intelligence sharing, among other forms of support. In resolution 2717 of 19 December 2023, which most recently renewed the mandate of the UN Organization Stabilization Mission in the DRC (MONUSCO), the Security Council expressed its intention to evaluate the conditions under which ‘limited logistical and operational support may be provided to an AU-mandated regional force deployed within the area of MONUSCO’s deployment, in furtherance of MONUSCO’s mandate, and within existing resources’. It also requested the Secretary-General to submit a report in June, which will include his recommendations on this matter.

It is in this context that the PSC is meeting tomorrow to receive a briefing on the deployment of SAMIDRC. Unlike the East African Force which was tied to the political track of the Nairobi process and the inter-state focused Luanda process, there is no indication that SAMIDRC has a political and peace track on which it is anchored. As part of the discussion on possible support from the AU, one of the issues that tomorrow’s session may discuss includes whether and how SAMIDRC deployment is tied to and supports the Nairobi and Luanda processes. PSC members are also likely to explore possible AU support to SAMIDRC, including from the Crisis Reserve Facility (CRF) of the AU Peace Fund and to enable the force to airlift donated equipment from the AU Continental Logistics Base in Cameroon, as well as other support from partners such as the UN.

In line with resolution 2717, the only way that SAMIDRC gets the desired support from the UN is if the AU mandates it. Endorsement by the PSC may not be necessarily the same as mandating the mission and there could be further discussion on this when the issue is considered in New York in due course. Nevertheless, the PSC’s decision on the matter is likely to feed into the Secretary-General’s June report and recommendations on the provision of limited operational and logistical support through MONUSCO. These recommendations could also be premised on the assumption that MONUSCO stays in DRC beyond December 2024.

MONUSCO is currently implementing a disengagement plan agreed with the Congolese government and endorsed by the Security Council. It is expected to withdraw in April from one of the three provinces—South Kivu—where it is currently operating but the decision to withdraw from the remaining two provinces—North Kivu and Ituri—will be made based on an evaluation of the progress in the disengagement process and the evolving security situation on the ground. It is because of this reason that the Security Council intentionally avoided setting an artificial deadline for the mission’s exit, but Kinshasa seems to be of the view that MONUSCO should leave come December 2024. DRC’s Minister of Foreign Affairs and Francophonie, Christophe Lutundula said that his government is ‘fighting for everything to be done by the end of this year’, in a joint press conference with the Special Representative and Head of MONUSCO, Bintou Keita on 13 January. ‘As of December 31 of this year, we are at the end of the withdrawal process’, he emphasized.

The expected outcome of the session is a communiqué. The PSC may endorse SADC’s deployment of SAMIDRC. It may stress the importance of ensuring coordination of efforts deployed in the region and draw attention to the importance of aligning the force’s deployment with existing peace and political processes including the Nairobi and Luanda processes and the Peace, Security and Cooperation Framework (PSCF), in order to achieve lasting and sustainable results in the resolution of the crisis. The PSC is also expected to emphasise concern over the intensification of hostilities in eastern DRC and the reversal of some of the key gains achieved including withdrawal of negative forces from strategic territories in the region. It may express serious concern over the deterioration of the relationship between DRC and Rwanda and urge the leaders of both countries to uphold commitments made under and commit to the Nairobi and Luanda processes. In this respect, the PSC may welcome Angolan president, President Lourenço’s recent efforts to facilitate direct talks between the two leaders and urge the two countries to extend full cooperation for the facilitation role of President Laurenço. The PSC may further call on all neighbouring countries of DRC to engage constructively towards averting further escalation of the situation into a regional crisis. On support to SAMIDRC, the PSC may request the AU Commission to work out modalities for using the CRF funds for supporting SAMIDRC.


AU's take on UN Security Council Resolution 2719 on financing of PSOs

AU's take on UN Security Council Resolution 2719 on financing of PSOs

Date | 1 March 2024

On the eve of Christmas, the UN Security Council (UNSC), against the background of its deepening polarization over its failure to mobilize collective action on the war in Gaza, pulled off a Christmas surprise. In a rare show of unity, the UNSC unanimously adopted resolution 2719 (2023). After years of, sometimes unsuccessful efforts, this resolution establishes a framework towards providing predictable and sustainable financing for African Union (AU) Peace Support Operations (PSOs) authorized by the Security Council through UN assessed contributions, seizing the new momentum that arose in 2023.

The AU Commission Chairperson, Moussa Faki Mahamat, welcomed the resolution calling it rather enthusiastically a historic development. Not surprisingly and considering the strong view that members of the Peace and Security Council (PSC) expressed on the issue of capping access to UN assessed contributions to a particular percentage, this resolution was not greeted with as warm a reception from all its member states.

The first opportunity for the PSC’s reaction to resolution 2719 following its adoption was in the context of the preparation of the report on its activities and the state of peace and security for submission to the 37th AU Assembly of Heads of States and Government. The PSC report deemed the resolution as constituting an ‘initial step’, ‘inconsistent with the guidance provided by the Assembly’ and ‘contrary to the guidance provided by the PSC to the A3’. As we have reported in an earlier analysis based on extensive engagements and exchanges, this was not completely unexpected.

To the extent that AU’s deployment is in lieu of UN peacekeeping and as one avenue for implementing the primary responsibility of the UNSC, the expectation for the use of UN assessed contributions with no cap is not without merit. After all, the issue of predictable, adequate and sustainable funding of AU PSOs is principally about ‘the kind of arrangement that can best deliver on the pledge of the UN Charter for saving succeeding generations from the scourge of war’ rather than being about money, as we have argued in our briefing to the UN Security Council.

“To the extent that AU’s deployment is in lieu of UN peacekeeping and as one avenue for implementing the primary responsibility of the UNSC, the expectation for the use of UN assessed contributions with no cap is not without merit.”

At the same time, it is also important to put the adoption of this resolution in a historical perspective. This resolution was a result of more than a decade-old discussion and several attempts by the African members of the UN Security Council (A3) over the years. Particularly, in 2018, the A3 (Cote d’Ivoire, Equatorial Guinea and Ethiopia) managed to get an endorsement from the AUPSC for a draft resolution which they put in blue but was ultimately halted due to a U.S. veto threat, reticence by other Council members including the P5, and internal A3 divisions.

A comparative analysis of these two texts clearly highlights the global shift in perspectives. As discussed in our special research report and became apparent during the 25 May 2023 UNSC briefing on the subject, this shift includes, particularly among key Security Council members, greater appreciation of the role of AU PSOs and the need to finance them in a more sustainable and predictable manner, including through UN assessed contributions.

The two texts (the 2018 draft and resolution 2719) have significant similarities along with some major differences. Both underscore the primary responsibility of the UN Security Council for maintaining international peace and security and emphasize the oversight responsibilities of the Council for AU PSOs. They highlight the importance of cooperation between the UN and the AU, in line with Chapter VIII of the UN Charter, to address conflicts in Africa effectively and acknowledge the need for collaboration with regional organizations, neighboring countries, and other relevant partners to address conflicts on the continent.

Both 2719 and the 2018 draft draw upon the Report of the Secretary-General on options for authorization and support for African Union peace support operations (S/2017/454) particularly in the areas of joint or consultative planning, mandating and decision-making, financing and budgeting processes, and human rights compliance and oversight.  However, Resolution 2719, unlike the 2018 draft resolution that was put in blue, notably emphasizes that AU PSOs will be ‘under the direct, and effective command and control of the African Union.’

“Resolution 2719, unlike the 2018 draft resolution that was put in blue, notably emphasizes that AU PSOs will be ‘under the direct, and effective command and control of the African Union.’”

Resolution 2719 specifies detailed procedures for decision-making and authorization, including consultations, joint strategic assessments, and clear mandates. Conversely, the 2018 draft focuses more on the Security Council’s role in decision-making, with fewer details on specific procedures. While resolution 2719 clearly stipulates a joint decision-making process, the draft of 2018 gives the primary political role to the Security Council in areas such as planning, development, mandating (including renewal) and reporting of any AU PSO receiving financial support through UN assessed contributions.

In terms of financial arrangements, resolution 2719 establishes financial arrangements with detailed provisions on compliance with UN financial regulations, reimbursement frameworks, and the use of assessed contributions. It sets a hybrid approach to funding, with 75% from assessed contributions and the rest mobilized jointly by the AU and UN from the international community. The 2018 draft acknowledges the complementary role of UN Peacekeeping operations and stipulates the Council’s decision ‘in principle’ to use (on a case-by-case basis) UN-assessed contributions, not exceeding 75%, for AU-led peace support operations. However, it stays silent about how the 25% should be covered and provides fewer details on financial arrangements and oversight mechanisms.

Regarding financial burden sharing, the 2018 draft welcomed the AU’s commitment to fund 25% of AU peace support operation costs by 2021. While it envisages a joint AU-UN exercise to fill the 25% gap, resolution 2719 does not impose any specific financial contribution to be shared by the AU. Furthermore, it stipulates the Council’s commitment to consider all viable options in the event of significant shortfalls in resource mobilization.

“While it envisages a joint AU-UN exercise to fill the 25% gap, resolution 2719 does not impose any specific financial contribution to be shared by the AU.”

On human rights, resolution 2719 specifies compliance frameworks in detail, highlighting the operational necessity for AU-led PSOs to adhere to international law and other compliance frameworks, including human rights and humanitarian law. It emphasizes the protection of civilians, women’s participation, and collaboration in operational support. On the other hand, though draft resolution 2018 also emphasizes the importance of human rights protection, compliance with international law, and cooperation between the UN and AU, it provides fewer specifics on compliance frameworks.

The 2023 resolution includes detailed reporting and monitoring requirements, with mission specific reports every 180 days, an annual report, and a review three years after adoption. It emphasizes joint reports by the UN Secretary-General and AU Chairperson. Both expressed the Council’s intention to review any determination to provide financial support three years after such a decision.

Both the level of detail outlined in the resolution and the level of autonomous control that the AU maintains under resolution 2719 constitute positive gains over the 2018 draft. Indeed, the PSC report also did not stop at registering reservations both on process and substance. It took a realistic approach on how to take resolution 2719 forward.

“Both the level of detail outlined in the resolution and the level of autonomous control that the AU maintains under resolution 2719 constitute positive gains over the 2018 draft.”

The PSC report accordingly recommended to the AU Assembly to ‘take note’ of the resolution as ‘an initial step’ towards securing predictable, adequate and sustainable financing of AU-led PSOs. The AU Assembly, welcomed the decision as a ‘significant step forward towards securing predictable, adequate and sustainable funding’, with some leaders expressing strong support for it. Most significantly, the PSC recommended for the AU Assembly to urge the ‘full implementation of the resolution, in good faith, honoring the purpose and principles of the Charter… and …Article 24 of the Charter.’ Thus, despite the reservations or misgivings expressed on the part of AU policy bodies, the call for full implementation avails the opportunity for harnessing the value proposition of this resolution with all its limitations. A saying that aptly captures this take of the AU on resolution 2719 is ‘the taste of the pudding is in the eating.’ Indeed, whether this resolution constitutes a landmark development in responding to the long quest for predictable, adequate and sustainable funding would depend on its activation and implementation.

“A saying that aptly captures this take of the AU on resolution 2719 is ‘the taste of the pudding is in the eating.’”

Beyond its expected contribution to financing, the value of resolution 2719 in reinforcing the role of the AU in deploying PSOs and in bringing the application of its multilateral and normative policies and rules to all missions seeking to benefit from UN assessed contributions cannot and should not be overemphasized. This is made evident from the provision in the resolution that the Council will consider requests for support from UN assessed contributions only to those AU PSOs under the AU’s direct and effective command and control. The nature of the interactions and engagement that the decision-making processes and the reporting requirements entail are also sure to transform the working relationship between the AU and the UN.

Admittedly, while the extent to which it would indeed contribute towards addressing the perennial issue of predictable, adequate and sustainable funding of AU PSOs would become known and tested when the first test case arises, it should also be borne in mind that the devil lies in the implementation details. At the operational level, AU Commission personnel have started to indicate that the administrative and procedural requirements of 2719 may, in the end, limit speedy deployment and operational effectiveness considering the type of kinetic heavy role expected of AU PSOs. This reality is despite the recognition in the resolution of the aim of ‘early action and rapid deployment to prevent violent conflict and its escalation.’

Clarity on the details and the effective operationalization of resolution 2719 depends on answering a number of key questions. These include:

  • How would the diagram of consultative decision making that the Secretary-General presented in his report on options for authorization and support for AU PSOs be translated into action?
  • What are the processes for activation of the resolution? Who from the AU and the UN plays what role in the activation of the resolution?
  • What kind of working arrangements need to be put in place in New York and Addis Ababa to this end?
  • What kind of working processes and relationships need to be established or enhanced between the AU and the UN? Should a standing joint taskforce or working group of AUC PAPS and the UN Secretariat be established to interface continuously from the outset of any indication of the need for a 2719-type mission?
  • How can the ‘primacy of political solutions’ be maintained in 2719-type missions, recognizing that such solutions are the best pathway for sustainable peace? How can APSA tools be effectively strengthened and leveraged toward that end?
  • What kind of capacities need to be reinforced on the part of the UN, including in terms of the role of the UN Office to the AU in Addis Ababa to provide continuing support to the AU not only in mission planning, but also in mission management and, in due course, liquidation?
  • What of the capacities at the level of the AU in areas such as planning, monitoring, reporting, strategic assessment, compliance, budgeting, financial compliance and reporting, etc?
  • Does it matter how the 25% is mobilized? Should there be and is there a relationship between the 75% and the remaining balance?
  • What are the processes, not only just for decision-making, the authorization and use of UN assessed contributions but also for mandate review and renewals?

Clearly, a lot of work has to be undertaken to clarify these and related questions while bearing in mind that the answers to some of the questions may vary from case to case. It is only after such clarification and in the course of implementation that the actual worth of resolution 2719 would become apparent. Various commentaries and articles have recently been published to help enhance understanding on resolution 2719. A nice such recent work that actually offers some useful materials for responding to some of these questions is here.

“Clearly, a lot of work has to be undertaken to clarify these and related questions while bearing in mind that the answers to some of the questions may vary from case to case.”

We recognise that not all the answers may be immediately available and that the resolution may be vague in certain critical areas to maintain ‘constructive ambiguity’ and ensure consensus in the Security Council. Hence, the proof of the 2719 pudding will be in its operationalization in specific cases. Pending the required level of clarification to all these and related questions and to avoid disappointments on both sides, it is worthwhile that the AU and the UN engage in exchanges for developing the minimum required shared understanding of what resolution 2719 means and may require for its implementation.


Monthly Digest on The African Union Peace And Security Council - January 2024

Monthly Digest on The African Union Peace And Security Council - January 2024

Date | January 2024

In January, under the chairship of Ghana, the African Union (AU) Peace and Security Council (PSC) had a scheduled program of work consisting of five sessions and a field mission to Tigray. After the introduction of a new agenda item in the course of the month, six sessions were convened.

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Provisional Program of Work for the Month of March 2024

Provisional Program of Work for the Month of March 2024

Date | March 2024

In March 2024, the Republic of Namibia will take over the role of chairing the African Union (AU) Peace and Security Council (PSC) from the Kingdom of Morocco. The provisional program of work of the month envisages a total of six substantive agenda items and an informal consultation of the PSC with the European Union (EU) Political and Security Committee (EUPSC). Of the six substantive agenda items, four will address country-specific and regional situations while the remaining two will focus on thematic issues. One of the sessions to be held during the month will take place at Ministerial level while the remaining will be Ambassadorial level meetings. In addition, the Military Staff Committee (MSC) and the Committee of Experts (CoE) will also be meeting during the month.

The first meeting of the PSC will be its informal consultation with the EUPSC, scheduled to take place on 01 March. It is worth noting that this is not the ordinary engagement between the two bodies. It is rather an informal meeting initiated in the context of the visit of members of the EUPSC. It is expected to serve as the platform for the two counterparts to exchange on issues related to working methods.

There will be two agenda items in the first substantive session of the month, on 04 March. The first agenda item is a briefing on the operation of the Southern Africa Development Community (SADC) Mission in Mozambique (SAMIM). It is to be noted that in 2023, although indicated in the annual indicative program of work, the PSC overlooked to convene a session on SAMIM during the year. The upcoming briefing on SAMIM’s operations is expected to cover the state of operation of SAMIM and the situation in northern Mozambique. SADC would brief the PSC on progress made in the implementation of SAMIM’s mandates and key developments from SADC‘s decision to the extension of SAMIM’s mandate by an additional year, expected to end in July 2024. The session would additionally cover AU Commission’s recent activities in alignment with the PSC’s request at its 1119th session for the Commission to ‘…facilitat[e] the delivery of the equipment, directly to the Government of Mozambique at the Port of Nacala (Nampula Province), donated by the Government of the People’s Republic of China…’. A key update that may be highlighted in this respect is the November 2023 mission to Pemba, Mozambique, undertaken by the Director of Conflict Management of the AU PAPS Department, Alhaji Sarjoh Bah, aimed at handing over donated military equipment.

The second agenda item to be considered on 04 March is the Situation in Eastern DRC and the deployment of SADC Mission in the DRC (SAMIDRC). Although the PSC has covered the increasing tensions between DRC and Rwanda and the escalation of conflict between the Armed Forces of DRC and the M23 in eastern DRC during previous sessions, this session marks the first time when the PSC will discuss the decision of SADC Heads of State and Government on the deployment of troops to the DRC on 08 May 2023. In the communiqué of the 1140th session when the PSC last considered the situation in eastern DRC, it highlighted the importance of dialogue between the two countries for de-escalating tensions and underscored the role of the Luanda and Nairobi processes, with a focus on the need for ensuring coordination and harmonization between these two processes. The deployment of SAMIDRC as a replacement of the East African Force which DRC hurriedly pushed out for failing to fight against the M23. Unlike the East African Force which was tied to the political track of the Nairobi process and the inter-state focused Luanda process, SAMIDRC lacks a political and peace track on which it is anchored. It seems that it takes the model of SADC’s deployment in Mozambique and yet the situation in eastern DRC is not akin to northern Mozambique. This is not without consequences for the Nairobi and Luanda processes.

On 08 March, the PSC will convene another country-specific session to receive a briefing on the situation in Somalia. As the AU Transition Mission in Somalia (ATMIS) is nearing its final drawdown in December 2024 and with the PSC convening a total of five sessions on ATMIS vis-via Somalia in 2023, it is to be noted that Somalia has been and will remain one of the PSC’s key concerns in the region for 2024. During the 1173rd session, which was when it last discussed Somalia and operations of ATMIS, the PSC considered the second drawdown phase of ATIMS on the basis of the reports produced by the Joint Technical Assessment and the outcome of the Somalia Coordination Committee to steer their engagement. In alignment with the process of drawdown, the PSC decided on the withdrawal of 3000 ATMIS troops and 851 police personnel. Per the PSC decision, on 2 February, ATMIS reported the completion of phase two drawdown including the transfer of seven Forward Operating Bases (FOBs) to the government of Somalia and the closure of two additional FOBs. As the third phase of the drawdown nears, the AU Commission and ATMIS also held a consultative session with the Chiefs of Defense on 13 February to discuss the challenges that were encountered during the Phase 2 drawdown including the technical pause in September of 2023. Beyond that, the meeting also covered the plans for the Phase 3 drawdown and the implications it may have on the security situation in the country. As such, it is anticipated that the PSC will receive a briefing on the discussion that took place the previous month and anticipate the preparations for the phase 3 drawdown of ATMIS as well as the plan for avoiding the emergence of any security vacuum on the departure of ATMIS.

The PSC is scheduled to consider and adopt the programme of work for the month of April, on 08 March.

The next session taking place on 12 March will be dedicated to the situation in Abyei.  To enable engagement with Sudan, a member state that is currently under suspension and hence cannot participate in AU activities including formal sessions of the PSC, an informal consultation is aimed to precede the formal briefing on Abyei. The last time the PSC convened a meeting to discuss the situation in Abyei was in September 2022, at its 1108th session, before the outbreak of the war in Sudan. This session came against the background of major spike of violence and fighting in Abyei during late 2023 and the preceding months. The coming session also offers the opportunity to follow-up on the implementation of the outcomes of the 1108th meeting, specifically the PSC’s request for the AU Commission to conduct a study on the root causes of instability in the region alongside a matrix of implementation of PSC’s decisions on Abyei.

From 14 to 16 March, the second forum on unconstitutional changes of government (UCG) will be held in Accra, Ghana. Following from the inaugural convening held in Accra from 15 to 17 March 2022, the coming forum serves to follow-up on the status of implementation of key elements of the Accra Declaration on UCG in Africa as well as the Malabo Declaration on Terrorism and UCG adopted in May 2022 and the lessons from persisting challenges facing the continent with the continuation of the occurrence of coups and attempted coups.

On 19 March, the PSC will receive a briefing on the activities of the AU Panel of the Wise and its subsidiary bodies, FemWise and WiseYouth. Since the hiatus of engagement between the PSC and Panel of the Wise between 2017 -2022, the previous year saw a revival in engagement between the two bodies. The Panel of the Wise reinforcing the mandate of the PSC via its preventative diplomacy has increased its engagement with the PSC in 2023 by providing updates on its activities and conducting field missions to specific countries including Chad, in alignment with PSC’s directive. With the increasing conflicts across the continent, it is becoming imperative for the PSC to utilize the APSA tools in achieving its mandate. Building on the revitalization of engagement between the two bodies, the forthcoming session provides an opportunity for the PSC to continue increasing its engagement with the Panel to supplement and inform its work. The session will also be unique in that the PSC will receive a briefing not only on the activities of the Panel of the Wise, but also that of its subsidiary bodies, FemWise and WiseYouth. Although FemWise, established in 2017, is often dealt by the PSC under the context of its agenda on Women Peace and Security, the PSC has not engaged the FemWise within the framework of its exchanges with the Panel of the Wise. Similarly, this will also be the first instance the WiseYouth Network will brief the PSC as it was recently established and endorsed at the 35th Assembly of Head State Summit in 2022. Since the endorsement of the network, the WiseYouth has convened a consultative meeting to operationalize the network.

The last session of the month will be held on 22 March, at the Ministerial level. The session will be committed to one of PSC’s standing agenda items, Women Peace and Security (WPS), being convened within the framework of International Women’s Day, annually commemorated in March. A notable practice from the PSC’s previous session on WPS – the 1144th session – which is worth replicating was the participation of women from conflict-impacted areas in the meeting. Beyond their participation, these women representatives were able to provide the PSC with testimonies on how the ongoing conflicts in their respective regions and countries have disproportionately impacted women. In addition to upholding this practice by inviting women representatives from conflict affected countries, the upcoming session is expected to follow-up on some of PSC’s pending decision including its request for the AU Commission and Special envoy for WPS to undertake a comprehensive review of the involvement of women in the peace process.

Aside from these substantive sessions, the program of work for March envisages in the footnote a possible update briefing on the situation in Sudan. The program also anticipates a meeting of the MSC on 07 March, aimed at reflecting on ways of making the MSC more active in playing its role of supporting the PSC. The CoE is also scheduled to meet on 11 March, in preparation for the induction of the newly elected members of the PSC.

The induction of the 10 new members of the PSC, elected at the 44th ordinary session of the Executive Council and endorsed by the 37th Ordinary Session of the Assembly, is expected to be the last activity of the PSC for the month of March 2024. The induction program is scheduled to be held from 25 to 27 March, in Swakopmund, Namibia. This is an important occasion for the PSC to take stock of its working methods and the level of delivery of its mandate, the peace and security situation on the continent and the ways in which it can improve on its effectiveness in the execution of its mandate. This is indeed an opportune occasion considering the challenging continental and global dynamics.

 

Amani Africa wishes to express its gratitude to the Australian Embassy in Ethiopia for the support in the production of this Insight on the Monthly Programme of Work of the AU Peace and Security Council


Advancing the African position on the reform of the Security Council

Advancing the African position on the reform of the Security Council

Date | 28 February 2024

By Dr Tekeda Alemu
Former State Minister of Foreign Affairs of Ethiopia and Permanent Representative to the UN

It is perhaps important to highlight two perspectives with respect to how the reform of the Security Council is more often than not, assessed and evaluated – one which is negative and considers the whole effort as almost worthless and essentially ‘unproductive quagmire’ and the other, rather hopeful and ambitious with perhaps a little unrealistic expectation which is rooted in the tendency to understate the obstacles. In fact, as we shall see in due course those obstacles are indeed huge, and nearly insurmountable.

The New Agenda for Peace, which is essentially a sequel to the 1992 Agenda for Peace, makes it all too apparent how much the world has changed in the last thirty-two years. It might not be proper to embellish the early 90s with exaggerated adulation, for it was also a period of the marginalization of Africa, but, no doubt, in terms of peace the world was in a much better situation than today. The security council was also less dysfunctional at the time. Now, we are in a new period which has potentially become more dangerous.

In the New Agenda for Peace, the Secretary General of the United Nations does, among other things, two things which are equally very important. On one hand, he shows how much there is disappointment among nations and people over the failure of governments and international organizations to deliver  for them.

As a consequence, he stresses, lack of trust in the potential of multilateral solutions has been growing. But the Secretary-General doesn’t stop there and is far from proposing that we wallow in despair. There could be a way out of this situation which nonetheless can be achieved only if the benefits of international cooperation become tangible and equitable, and states manage to overcome their division and seek pragmatic solutions to their problems. This is essentially a call for new multilateralism which, as he says, ‘demands that we look beyond our security interests’ and can be ‘pursued only alongside sustainable development and human rights’. Then the Secretary-General makes in the same New Agenda for Peace a very important point which makes the focus on the reform of the Security Council so critical. The following is what he says and deserves to be cited in full:

‘Building this new multilateralism must start with action for peace; not only because war undermines progress across all our agendas, but because it was the pursuit of peace that in 1945 united states around the need for global governance and international organization.’

As was said   earlier,   and   as   has   now   become universally accepted, the Security Council has become dysfunctional. Even earlier, the Council has never been fully functional. It is to be recalled that at the height of the Cold War, efforts to avert crisis leading to war, which would have been suicidal was handled through bilateral contact and negotiation between the two Super Powers of the day whereby third parties and the United Nations were mere spectators. One recalls the October 1962 Cuban Missile Crisis.

But, no doubt, the very philosophy and principle underpinning the special mandate of the Security Council as it relates to the Permanent Five and the veto power allows those countries to enjoy special privileges. At the creation of the United Nations and the drafting and approval of the Charter, it was felt that those privileges accorded to the Permanent Five though indicating asymmetry among  member  states,  nonetheless helped maintain the peace and contributed to protecting the security of all.

The question now is, does this continue to be the case? Does the special privilege the Permanent Five continue to have help maintain peace and promote security? Or is it the case that what we see is in fact the opposite and that the Permanent Five far from contributing to peace and security have indeed become the source of the problem.

It is thus impossible to deny that there is a clear anomaly here which would have called for action if such action were to lead to the resolution of the problem. But under the circumstances, the hands of member states are tied by Article 108 and 109 of the Charter which make it impossible to amend the Charter without the consent of the Permanent Five. Article 109 allows the convening of a General Conference by a two-thirds vote of members for reviewing the present Charter, but as in Article 108, any change of the Present Charter requires agreement by all members of the Security Council.

What is aggravating the whole problem is the fact that those from whom so much is expected for peace are seen to do very little and, in fact, have become a bane for peace. In what is becoming very alarming, the situation continues to deteriorate and global goods are becoming bereft of reliable custodians. In the meantime, we realize that efforts are continuing at the United Nations by various groups among whom are the Africa Group, the group calling itself United for Consensus and the Group of Four, to promote their interests by securing positions in the Security Council that would allow them have greater voice.

At the end of the day, for most, perhaps unlike the Africa Group, the interest in having greater voice in the Security Council is in most cases a matter of prestige. There is also, no doubt, the possible potential reform of the Security Council has drawn the attention particularly of the Permanent Five, regarding the implication of the expansion of the membership of the Council for geopolitical matters and the balance of forces. Consequently, whatever is said by member states,  particularly by the Permanent Five without exception, what is most prominent behind those statements is consideration of national interest. That is bound to make it very difficult for Groups such as the Africa Group for whom the reform of the Security Council is indeed of great importance to make real progress.  This is going to require Africa to be wise, realistic and practical as it pursues it interest via the reform of the Security Council.

It might indeed be very fruitful to consider how Africa could take advantage of the situation if it found itself within a Security Council that has undergone through reform. Well, it all depends, among other things, on the kind of reform that the council might have gone through. With the situation of the Security Council remaining the same and the same Permanent Five wielding the same power, it is very difficult to imagine that there would be much difference in the situation from what it is today. But this perhaps deserves a closer look.

The Ezulwini Consensus is a common Africa position on the reform of the Security Council adopted in 2005. It calls for democratizing the Council and expanding its membership. The specific demand on the part of Africa is for two permanent seats and additional three non-permanent ones.

It is perfectly possible and legitimate to raise issues surrounding matters regarding the implementation of the demand, provided that the initial obstacle is overcome, i.e, there is consensus on accepting the Africa demand. What is important, first of all, is the acceptance of the legitimacy of the demand by Africa in light of its democratic nature and also given the totally dysfunctional nature of the Security Council at present, with little prospect that it would improve. When judging the Africa request it is very critical to consider how much effectively the present Council has assisted Africa to resolve its security challenges. The mantra or the phrase, African solutions to African problems, may not be fully in line with the principle of universality that underlines the very existence of the United Nations, but, on the other hand, that it might reflect the frustration of Africa at the double standard Africa often faces cannot be ruled out.

What all this seems to suggest is that the outcome document of the Summit of the Future, the Pact for the Future, if it is to be taken seriously, would need to take seriously the African common position. It wouldn’t help to focus on the potential weakness of the common position which can be rectified in due course. Obviously, as already indicated, the likelihood that the Permanent Five would allow amendments of the Charter to proceed, despite the creation of the impression to the contrary, is nearly zero.

Under these circumstances, one course of action that should be considered is the convening under Article 109 of the Charter, of a General Conference of the members of the United Nations for the purposes of reviewing the Charter. This can be done at a date and place to be fixed by a two-thirds vote of members of the General Assembly and by a vote of any nine members of the Security Council. But then paragraph 2, of the same Article109 requires the recommendation of the Conference to be ratified by all Permanent members of the Security Council. It seems no matter what we do, it appears that the hands of Africa would continue to be tied as far as finding a way out of this predicament.

But the advantage of the review conference is it might help to hold the feet of the Permanent Five to the fire, thus making it difficult for them to pretend to be supportive of the reform without actually doing so. But all the same, it might be useful to stress that the idea of the General Conference may need to be pursued seriously, including with the view to ensuring the idea to be included as part of the Pact for the Future.

However, there is a need for an important caveat here. What Africa needs to consider very seriously is what it needs to do to sort out its internal problems, both at individual country level as well as at  the  multilateral  level, both at continental and regional levels. Let us be honest, we are not in good shape in all those levels. Our demand, our wishes and recommendations would be taken seriously when we also work hard in putting our house in order.

There is a lot of work that needs to be carried out in this regard. There is no other way to ensure that our interests are promoted.

 

The content of this article does not represent the views of Amani Africa and reflect only the personal views of the authors who contribute to ‘Ideas Indaba’