Provisional programme of work for the month of October 2023
Provisional programme of work for the month of October 2023
Date | October 2023
For the month of October, the Republic of Congo takes over the role of chairing the African Union (AU) Peace and Security Council (PSC). The PSC’s provisional programme of work of the month, prepared under the guidance of the incoming chairperson includes four substantive sessions as well as the annual consultative meeting of the PSC with the United Nations (UN) Security Council (UNSC). Three sessions will be addressing various thematic issues, one session will have country-specific focus. The PSC is also expected to conduct a field mission to Libya within the month.
At the start of the month, on 3 and 4 October, the PSC Committee of Experts (CoE) and the UNSC Working Group will meet to prepare for the 8th joint informal seminar and 17th joint annual consultative meeting between the PSC and the UNSC. The CoE and Working group meeting will take place at the Julius Nyerere Peace and Security Building inside the African Union. While the CoE travelled to New York several times for such preparatory meeting, it is the first time that the UN Security Council Working Group to Addis Ababa.
On 5 October, the PSC will convene its 8th joint informal seminar with the UNSC. This 8th edition of the informal seminar is scheduled to focus on discussion on financing of AU PSOs and working methods in UNSC-PSC relationship. his seminar will immediately be succeeded on 6 October by the 17th joint annual consultative meeting between the PSC and UNSC. The agenda for this joint consultative meeting covers country/region specific situations namely Sudan, Sahel, Somalia and ATMIS and the situation in Eastern DRC.
On 10 October for its first substantive session, the PSC will receive a briefing by the International Committee of the Red Cross (ICRC) on its activities and the humanitarian situation in Africa. Since 2007, the ICRC has made regular briefings to the PSC, and ICRC’s president Mirjana Spoljaric Egger is expected to present the briefing this year, to reflect on pertinent humanitarian concerns in Africa. Among other key points, the briefing could provide an opportunity to discuss persisting and emerging trends in the humanitarian situation and in the provision of humanitarian assistance in the continent.
For its second substantive and only country-specific session of the month, on 17 October, the PSC will receive updates on the two recent situations of military coup in Africa: Niger and Gabon. Since the coup in Niger on 26 July, this will be the third time the PSC will be discussing the situation. During its previous session on 14 August, the PSC had decided to suspend Niger from all activities of the AU, and its organs and institutions until effective restoration of constitutional order.
Following the coup in Gabon on 30 August, the PSC held an emergency session on the situation on 31 August where it condemned the coup and immediately suspended Gabon from all activities of the AU and its organs and institutions until the restoration of constitutional order and demanded such restoration to be through the conduct of a free, fair, credible, and transparent election observed by the AU Election Observer Mission and the concerned region. This session will allow the PSC to scrutinize the implementation and effectiveness of the outcomes of its previous sessions to ensure restoration of constitutional order in both Niger and Gabon.
As its third substantive session on 19 August, the PSC will discuss on the AU Sanctions regime. The PSC is expected to deliberate on the effectiveness and enforceability of the AU Sanctions regime. During its 1100th session held on 15 August 2022, the PSC had deliberated on sanctions and enforcement, particularly as a deterrence against unconstitutional changes of government (UCGs). The PSC is expected to receive update on the development of the sanctions mechanism and the related progress towards the operationalization of the PSC Sub-Committee on Sanctions.
From 23 to 26 October, the PSC will undertake a field mission to Libya, to express AU Solidarity with the Libyan people and to gather first-hand information on the situation on the ground with a view to adopt more informed decisions on the next steps in favor of Libya. This field mission is a follow up on the PSC’s decision of its 1136th meeting. In addition to armed conflicts, Libya is grappling with the devastating impact of the deadliest Mediterranean tropical-like cyclone in recorded history, Storm/Cyclone Daniel, that hit Libya, Greece, Bulgaria, Turkey, Egypt, and Israel at the beginning of September 2023. The impact of the cyclone hit Libya the hardest with the World Health Organization (WHO) recording over 4000 deaths and over 8500 people missing, and the International Organization for Migration (IOM) estimating over 43,000 people displaced in Libya, while Greece, Turkey and Bulgaria had 17, 7 and 4 fatalities respectively. The significantly devastating impact of the cyclone in Libya was due to the country’s vulnerabilities owing to weakened critical infrastructure involving dams in Derna due to lack of maintenance and neglect made possible by years’ long conflict that has plagued the country. This field mission to Libya would present an opportunity for the PSC to assess the transitional process in Libya and engage the various stakeholders on the reconciliation conference for which the AU took responsibility to organize.
For its fourth and final substantive session for the month of October, the PSC will consider the report of the Chairperson of the Commission on Counterterrorism. At its 957th session held on 20 October 2020, the PSC had decided to dedicate an annual session to assess the progress in the Continental efforts in combating the scourge of terrorism, radicalization, and violent extremism, as well as foreign terrorist fighters. The last time the Chairperson of the Commission presented a report to the PSC on Counterterrorism efforts was on 22 October 2021, at the 1040th ministerial level session of the PSC.
As indicated in the footnotes of the programme of work for October, during the month, the PSC will also be considering the provisional programme of work for November 2023 via email. The footnotes also envisage an informal consultation to be held on 13 October, between PSC member states and the Commissioner for Political Affairs, Peace and Security (PAPS).
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
Engagement with the UNHCR on post- Malabo Extraordinary Summit on Humanitarian Action
Engagement with the UNHCR on post- Malabo Extraordinary Summit on Humanitarian Action
Date | 28 September 2023
Tomorrow (29 September) the PSC is expected to convene its 1176th session on humanitarian action with an engagement with the United Nations (UN) High Commissioner for Refugees (UNHCR) on the post-Malabo Extraordinary Summit.
Following opening remarks by Churchill Ewumbue-Monono, Permanent Representative of Cameroon to the AU and the Chairperson of the PSC for the month of September 2023, Minata Samate Cessouma, Commissioner for Health, Humanitarian Affairs and Social Development (HHS), is expected to make a presentation. The Chairperson of the PRC Subcommittee on Refugees, Returnees and Internally Displaced Persons is also expected to deliver a presentation to be followed by statements from representatives of UNHCR; the UN Office for the Coordination of Humanitarian Affairs (UNOCHA); the International Committee of Red Cross (ICRC) and Amani Africa Media and Research Services.
On 18 May 2023, the PSC held an open session on humanitarian action in Africa for its 1155th meeting where it expressed deep concern over the deteriorating humanitarian situation in various African regions, including Sudan, Somalia, the Democratic Republic of Congo, Mali, Burkina Faso, and the Horn of Africa, Sahel, Lake Chad Basin, and Southern Africa. The PSC had also expressed concern about dwindling resources for effective responses and called for increased financial mobilization while commending Member states and RECs/RMs for their humanitarian assistance efforts and aiding affected populations. The issue of humanitarian access was also discussed, with the PSC calling on belligerent parties to adhere strictly to international humanitarian and human rights laws, ensure humanitarian access, and safeguard the security of aid agencies. The PSC also welcomed the adoption of the African Humanitarian Agency’s Statute in 2023, requesting its prompt operationalization and resource mobilization.
The humanitarian situation in Africa has increasingly become dire, with 30 million people in the continent being internally displaced persons, refugees or asylum-seekers, according to UNHCR figures. This dire situation is driven by a complex combination of factors, including violent conflicts, terrorism, inter-communal violence, unconstitutional changes of government, famine, and the increasing impact of climate change-related phenomena like crop failures, droughts, floods, landslides, and cyclones, forcing millions of people to flee their homes and livelihoods. Only recently, the earthquake in Morocco and the devastating floods in Libya have affected and claimed the lives of thousands of people. Faced with such reality, Africa’s prosperity and development continue to be threatened and realization of the aspirations of Agenda 2063 remain challenged.
It is expected that the central focus of tomorrow’s session will be to review the implementation of the outcomes of the 15th Extraordinary Session of the Assembly of the Union held in Malabo, Equatorial Guinea, in May 2022, particularly regarding funding, institutional cooperation, and the 10-year AU Humanitarian Agenda.
Reflecting the importance of the outcomes of the humanitarian summit, during the 36th Ordinary Session of the Assembly of the African Union, as a decision on the report on the activities of the PSC and the state of peace and security in Africa, the Assembly had “urged the PSC to prioritize the implementation of the outcomes of the 15th Extraordinary African Union Humanitarian Summit and Pledging held in Malabo, Equatorial Guinea, in May 2022, to robustly respond to the pressing twin security issues of Unconstitutional Changes of Government (UCG) and the threat posed by terrorism and violent extremism”. At the Humanitarian Summit, AU Member States agreed to address common challenges and undertake actions towards the six declarations they made: on humanitarian challenges; on climate change, disasters and forced displacement in Africa; on food security and nutrition in humanitarian situations in Africa; on COVID-19 and health challenges in the humanitarian space in Africa; on post conflict reconstruction and development for refugees and internally displaced persons in Africa; and on resource mobilization and financing for humanitarian action in Africa.
One of the outcomes of the Malabo Summit, with its Statute adopted during 36th Ordinary Session of the Assembly of the African Union in February 2023, was the creation of the African Humanitarian Agency (AfHA). Member States declared to allocate over USD176million to the AfHA to enable it to execute its strategic mandate. However, the collection of the entire amount pledged has yet to be effected. It is to be recalled that the PSC during its 1155th meeting on 18 May 2023 also “underlined the need for Member States to generously contribute to the AU Special Emergencies’ Fund and encouraged all Member States and partners who pledged support during the AU Extraordinary Humanitarian Summit and Pledging Conference, held in Malabo, Equatorial Guinea from 25 to 28 May 2022 to expeditiously redeem their pledges.”
Another follow up that could be discussed during the 1176th session is the status of developing the Plan of Action for implementing the outcomes of the Humanitarian Summit, which is to be prepared by the AU Commission. Aside from that, the PSC may also recall the 2019 Global Refugee Forum held in Geneva, when the AU, its Member States, the AU Commission as well as Regional Communities made wide-ranging pledges. In addition to following up on the implementation of these pledges, the PSC could urge Member States and the AU Commission to make a Pan-African pledge that is centered in the outcomes of the Malabo Declaration, at the second edition of the Global Refugee Forum expected to take place in December 2023, in Geneva.
Further to that, tomorrow’s briefing also presents an opportunity for the PSC to reflect on the various humanitarian challenges in the continent and to discuss ways forward for ensuring effective response and sustainable solutions to Africa’s growing humanitarian needs, despite the existing difficulties. To that end, the PSC’s discussion could bring the needed attention to the existing situations across the continent. One such instance is the situation in Sudan. In the past five months alone, the deadly conflict in Sudan that erupted on 11 April 2023 has forced over 3.3 million people to flee their homes to other parts of Sudan or neighboring countries such as Chad, South Sudan, Ethiopia, CAR, and Egypt. However, the PSC’s attention towards Sudan has been considerably low. Since April 2023, there were only two solely Sudan-focused sessions (1149th meeting on 16 April and 1156th meeting on 27 May). In addition, there have been three sessions where the PSC considered the situation in Sudan as part of its meetings with broader focus. For instance, on 26 April, the PSC held an informal consultation with countries in political transition, with Sudan being one of the four countries of concern. For its 1154th session on 16 May, the situation in Sudan was one of the two agenda items tabled for the consideration of the PSC. During the PSC’s 1158th session on 15 June, it received updated briefings on the situation in the Horn of Africa, Sudan forming one of the four contexts discussed. Further neglect of the situation in Sudan, which includes the atrocities and severe humanitarian crisis in reported in places such as Darfur, would not only be a missed opportunity for the PSC to demonstrate leadership in resolving the crisis, but also a failure to fulfill its main responsibilities of ensuring peace and security in the continent.
The expected outcome of the session is a Communiqué. The PSC may express deep concern over the escalating rate of humanitarian need in the continent as compared to the constraints and decline in humanitarian action. It may emphasize that conflicts and instability form the major factor that create and facilitate humanitarian suffering the continent and as such, call on all relevant actors to expend efforts towards realization of AU’s Roadmap for Silencing the Guns with its overarching objective of achieving a secure and peaceful Africa. Underscoring the critical role it is envisioned to play towards better coordinating humanitarian assistance in the continent, the PSC may also urge Member States to fulfil their pledges towards funding the AfHA. It may further urge the PRC sub-committees on structures and Finance as well as the AU Commission to expedite the operationalization of the AfHA. The PSC may also appeal to international partners to remain committed and to continue their humanitarian support to affected communities across the continent. It may also express alarm over the escalating violations of international humanitarian law, including deliberate attacks against civilians and obstacles to humanitarian access, attacks against public infrastructure and campsites hosting displaced populations and other violations that require accountability and proper action. Noting deteriorating humanitarian situations in conflict affected member states such as Sudan, the PSC may call on partners and all relevant actors to scale up support. It may further emphasize the need for strengthened engagement in humanitarian diplomacy and urge relevant civil society actors to fortify efforts in this respect.
Ministerial session on financing of AU led peace support operations
Ministerial session on financing of AU led peace support operations
Date | 22 September 2023
Tomorrow (23 September), the African Union (AU) Peace and Security Council (PSC) will convene its 1175th meeting at a ministerial level to deliberate on financing of AU Peace Support Operations (PSOs). The meeting will be held in the margins of the 78th session of the United Nations (UN) General Assembly in New York, USA.
Cameroon’s Minister for Foreign Affairs, Lejeune Mbella Mbella, chairperson of the PSC for the month of September, is expected to open the session. Moussa Faki Mahamat, the AU Commission Chairperson, will make a statement. Donald Kaberuka, the AU High-Representative for the Peace Find and Financing of the AU, is also expected to address the session. On the part of the UN, it is envisaged that Jean-pierre Lacroix, UN Under-Secretary-General for Peace Operations, and Rosemary A. DiCarlo, UN Under-Secretary-General for Political and Peacebuilding Affairs, will make statement as well. The representatives of the African Members in the UN Security Council (A3), namely Gabon, Ghana, and Mozambique and the incoming two African members of the UN Security Council, Algeria and Sierra Leone, will also be present for this ministerial session.
The last time that the PSC met to discuss the issue of financing AU PSOs was on 12 May of this year during its 1153rd session, which was held at the ministerial level. In that session, the PSC authorized the A3 to ‘resume consultations with the relevant stakeholders towards the adoption of a UNSC resolution on financing AU-led PSOs.’ This set the negotiation process towards the adoption of UNSC resolution in motion, a process that was put on hold after the request of the PSC in September 2019 to suspend the negotiation over the draft resolution put forward by South Africa. (For more details see Amani Africa’s 10 May 2023 Special Research Report).
From our consultations, Ghana – who is spearheading the agenda of adopting a framework resolution on financing AU PSOs – has developed a draft resolution to start the negotiation process in the UNSC. It is anticipated that the draft resolution may be circulated sometime in October with the hope to table the resolution for voting in December during Ecuador’s Presidency. Tomorrow’s session thus offers an opportunity for the PSC to provide substantive and concrete guidance on how to proceed with the negotiation particularly on the remaining delicate issues in the coming months.
The renewed interest in and the window of opportunity towards the adoption of the long pending resolution is a result of various developments both at the level of the AU and the UN as well as changes in the peace and security dynamics and the dynamics in the UNSC. The AU Commission prepared what it called ‘African consensus paper on predictable, adequate, and sustainable financing for African Union peace and security activities’, which the AU Assembly considered and adopted in February 2023 at its 36th ordinary session. This Consensus Paper not only presented the advances that the AU made in strengthening its various institutional, normative and regulatory processes but it also clarified AU’s position on burden sharing.
On the part of the UN, following the presidential statement of August 2022 under Chinese presidency of the UNSC which requested UN Secretary-General to provide the Security Council, by 30 April 2023, a report on progress made by the UN and the AU to fulfil the commitments set out in resolutions 2320 and 2378, and recommendations to secure predictable, sustainable and flexible resources, the Secretary-General released the report on 1 May and presented to the UNSC during its 25 May 2023 session. The dynamics within the UNSC today is more favorable for the adoption of a resolution on financing than it was before as the statements delivered by UNSC members during the 25 May briefing clearly attest. Considering that a major factor for the collapse of the process for the adoption of a resolution in December 2018 was a US threat to veto the resolution, a notable positive development is US’s statement expressing more positive and supportive stance towards the adoption of the resolution.
Further to that, while the nature of the peace and security context increasingly demands the use of instruments that go beyond those applicable to UN peacekeeping and hence putting UN peace operations on the continent under increasing pressure, there is no appetite in the UN for deploying UN peacekeeping. Additionally, the recent geopolitical shifts that increasingly acknowledge Africa as a key global actor can find meaningful institutional expression through, among others, the decision to use UN assessed contribution for AU PSOs.
In the context of the last attempt for the adoption of a UNSC resolution during 2018/2019 and following the suspension of the process in September 2019, the issues requiring further engagement have been identified. Broadly speaking, four issues emerged as requiring further engagement between the AU and the UN to pave the way for the adoption of a UNSC resolution: the question of burden-sharing, compliance frameworks for human rights and international humanitarian law, fiduciary standards of financial arrangements and reporting, and oversight and command and control of the missions. (For more details on the history of the negotiation and the controversial issues, see Amani Africa’s 10 May 2023 Special Research Report).
Despite the favorable political dynamics within the UNSC, the negotiation over the draft resolution will not be easy. The 25 May 2023 UNSC briefing reveals that support on the part of UNSC members including some of the P5 remains uneven. In that regard, it is worth noting that the representative of the UK, during the 25 May briefing, stressed the need for the AU to ‘openly and clearly establish how it intends to share the financial burden’, and further warning that ‘any scope for misinterpretation will result in new initiatives being stalled’. Together with the issues that others like Brazil, Albania and Japan raised, further compromise and agreement may be required on some of these sticking issues.
During tomorrow’s session, it is expected that the PSC, apart from reiterating the progress made in enhancing ownership and burden sharing through the AU Peace Fund, may highlight the need for giving due recognition to the unaccounted aspects of the financial burden that AU member states bear in mobilizing and deploying troops who pay with their lives and limbs. It may further reaffirm the position of the Consensus Paper that the AU would cover the costs relating to the preparatory stages of the deployment of PSOs supported by UN assessed contributions. Considering the expectation on the part of some members of the UNSC for further commitment for financial burden sharing, the PSC may indicate in the context of the clear commitment that the AU demonstrated in recent years that instead of making unrealistic commitment for a specific percentage for all PSOs that may be funded through UN assessed contributions that further financial contribution is considered at the time of the planning and negotiation of the deployment of each PSO.
Tomorrow’s session will also serve as an opportunity for the PSC to also express its support for the financing model for accessing UN assessed contributions for AU-led PSOs as articulated both in the AU Consensus Paper and the Secretary-General’s May 2023 report. With respect to oversight and command and control, the PSC may also welcome the proposed formula in the Secretary-General’s report as the basis for formulating the provisions in the resolution while affirming the importance of the development of joint AU-UN planning guidelines.
The PSC should take lessons from the 2018/19 negotiation process to avoid the risk of another failure. First, it is imperative to ensure the cohesion of the A3 members and that they are able to speak in one voice on controversial issues throughout the negotiation process. In that regard, an interesting development is PSC’s suspension of Gabon – a member of the A3 – after the 20 August military coup. It remains to be seen whether the sanction will affect Gabon’s relations with other A3 members, as well as the PSC while engaging on the file. Second, building a broader consensus with the UNSC members is also crucial. One immediate available avenue to that end is the upcoming 17th annual joint consultative meeting between the PSC and the UNSC, which is scheduled to take place from 5 to 6 October in Addis Ababa, Ethiopia.
The expected outcome of the session is a communiqué. PSC may commend the efforts of the A3, and request them to fast track the finalization of the draft resolution and the negotiation on the same in order to seize the current window of opportunity for the adoption of the resolution before the end of the year. The PSC may emphasize the need for a sustained engagement between the AU Commission, the PSC and the A3 throughout the negotiation process; and to that end, it may request a regular briefing from the A3 until the successful completion of the negotiation process. The PSC may affirm AU-led PSOs authorized by the UNSC and funded through UN assessed contribution as being part of the range of tools that the UN deploys for maintenance of international peace and security. The PSC may also welcome the proposals contained in the Secretary-General’s May 2023 report notably with respect to monitoring and reporting, joint and consultative decision-making. It may commend the progress made by the AU for achieving ownership and burden sharing and signal that specific financial contribution by the AU for a PSO funded by UN assessed contribution is dealt with on a case-by-case basis. It may also express the need for the UNSC to recognize the important contribution of AU PSOs for international peace and security, hence for the realization of the primary responsibility of the UNSC.
Ministerial session on financing of AU led peace support operations
Ministerial session on financing of AU led peace support operations
Date | 22 September 2023
Tomorrow (23 September), the African Union (AU) Peace and Security Council (PSC) will convene its 1175th meeting at a ministerial level to deliberate on financing of AU Peace Support Operations (PSOs). The meeting will be held in the margins of the 78th session of the United Nations (UN) General Assembly in New York, USA.
Cameroon’s Minister for Foreign Affairs, Lejeune Mbella Mbella, chairperson of the PSC for the month of September, is expected to open the session. Moussa Faki Mahamat, the AU Commission Chairperson, will make a statement. Donald Kaberuka, the AU High-Representative for the Peace Find and Financing of the AU, is also expected to address the session. On the part of the UN, it is envisaged that Jean-pierre Lacroix, UN Under-Secretary-General for Peace Operations, and Rosemary A. DiCarlo, UN Under-Secretary-General for Political and Peacebuilding Affairs, will make statement as well. The representatives of the African Members in the UN Security Council (A3), namely Gabon, Ghana, and Mozambique and the incoming two African members of the UN Security Council, Algeria and Sierra Leone, will also be present for this ministerial session.
The last time that the PSC met to discuss the issue of financing AU PSOs was on 12 May of this year during its 1153rd session, which was held at the ministerial level. In that session, the PSC authorized the A3 to ‘resume consultations with the relevant stakeholders towards the adoption of a UNSC resolution on financing AU-led PSOs.’ This set the negotiation process towards the adoption of UNSC resolution in motion, a process that was put on hold after the request of the PSC in September 2019 to suspend the negotiation over the draft resolution put forward by South Africa. (For more details see Amani Africa’s 10 May 2023 Special Research Report).
From our consultations, Ghana – who is spearheading the agenda of adopting a framework resolution on financing AU PSOs – has developed a draft resolution to start the negotiation process in the UNSC. It is anticipated that the draft resolution may be circulated sometime in October with the hope to table the resolution for voting in December during Ecuador’s Presidency. Tomorrow’s session thus offers an opportunity for the PSC to provide substantive and concrete guidance on how to proceed with the negotiation particularly on the remaining delicate issues in the coming months.
The renewed interest in and the window of opportunity towards the adoption of the long pending resolution is a result of various developments both at the level of the AU and the UN as well as changes in the peace and security dynamics and the dynamics in the UNSC. The AU Commission prepared what it called ‘African consensus paper on predictable, adequate, and sustainable financing for African Union peace and security activities’, which the AU Assembly considered and adopted in February 2023 at its 36th ordinary session. This Consensus Paper not only presented the advances that the AU made in strengthening its various institutional, normative and regulatory processes but it also clarified AU’s position on burden sharing.
On the part of the UN, following the presidential statement of August 2022 under Chinese presidency of the UNSC which requested UN Secretary-General to provide the Security Council, by 30 April 2023, a report on progress made by the UN and the AU to fulfil the commitments set out in resolutions 2320 and 2378, and recommendations to secure predictable, sustainable and flexible resources, the Secretary-General released the report on 1 May and presented to the UNSC during its 25 May 2023 session. The dynamics within the UNSC today is more favorable for the adoption of a resolution on financing than it was before as the statements delivered by UNSC members during the 25 May briefing clearly attest. Considering that a major factor for the collapse of the process for the adoption of a resolution in December 2018 was a US threat to veto the resolution, a notable positive development is US’s statement expressing more positive and supportive stance towards the adoption of the resolution.
Further to that, while the nature of the peace and security context increasingly demands the use of instruments that go beyond those applicable to UN peacekeeping and hence putting UN peace operations on the continent under increasing pressure, there is no appetite in the UN for deploying UN peacekeeping. Additionally, the recent geopolitical shifts that increasingly acknowledge Africa as a key global actor can find meaningful institutional expression through, among others, the decision to use UN assessed contribution for AU PSOs.
In the context of the last attempt for the adoption of a UNSC resolution during 2018/2019 and following the suspension of the process in September 2019, the issues requiring further engagement have been identified. Broadly speaking, four issues emerged as requiring further engagement between the AU and the UN to pave the way for the adoption of a UNSC resolution: the question of burden-sharing, compliance frameworks for human rights and international humanitarian law, fiduciary standards of financial arrangements and reporting, and oversight and command and control of the missions. (For more details on the history of the negotiation and the controversial issues, see Amani Africa’s 10 May 2023 Special Research Report).
Despite the favorable political dynamics within the UNSC, the negotiation over the draft resolution will not be easy. The 25 May 2023 UNSC briefing reveals that support on the part of UNSC members including some of the P5 remains uneven. In that regard, it is worth noting that the representative of the UK, during the 25 May briefing, stressed the need for the AU to ‘openly and clearly establish how it intends to share the financial burden’, and further warning that ‘any scope for misinterpretation will result in new initiatives being stalled’. Together with the issues that others like Brazil, Albania and Japan raised, further compromise and agreement may be required on some of these sticking issues.
During tomorrow’s session, it is expected that the PSC, apart from reiterating the progress made in enhancing ownership and burden sharing through the AU Peace Fund, may highlight the need for giving due recognition to the unaccounted aspects of the financial burden that AU member states bear in mobilizing and deploying troops who pay with their lives and limbs. It may further reaffirm the position of the Consensus Paper that the AU would cover the costs relating to the preparatory stages of the deployment of PSOs supported by UN assessed contributions. Considering the expectation on the part of some members of the UNSC for further commitment for financial burden sharing, the PSC may indicate in the context of the clear commitment that the AU demonstrated in recent years that instead of making unrealistic commitment for a specific percentage for all PSOs that may be funded through UN assessed contributions that further financial contribution is considered at the time of the planning and negotiation of the deployment of each PSO.
Tomorrow’s session will also serve as an opportunity for the PSC to also express its support for the financing model for accessing UN assessed contributions for AU-led PSOs as articulated both in the AU Consensus Paper and the Secretary-General’s May 2023 report. With respect to oversight and command and control, the PSC may also welcome the proposed formula in the Secretary-General’s report as the basis for formulating the provisions in the resolution while affirming the importance of the development of joint AU-UN planning guidelines.
The PSC should take lessons from the 2018/19 negotiation process to avoid the risk of another failure. First, it is imperative to ensure the cohesion of the A3 members and that they are able to speak in one voice on controversial issues throughout the negotiation process. In that regard, an interesting development is PSC’s suspension of Gabon – a member of the A3 – after the 20 August military coup. It remains to be seen whether the sanction will affect Gabon’s relations with other A3 members, as well as the PSC while engaging on the file. Second, building a broader consensus with the UNSC members is also crucial. One immediate available avenue to that end is the upcoming 17th annual joint consultative meeting between the PSC and the UNSC, which is scheduled to take place from 5 to 6 October in Addis Ababa, Ethiopia.
The expected outcome of the session is a communiqué. PSC may commend the efforts of the A3, and request them to fast track the finalization of the draft resolution and the negotiation on the same in order to seize the current window of opportunity for the adoption of the resolution before the end of the year. The PSC may emphasize the need for a sustained engagement between the AU Commission, the PSC and the A3 throughout the negotiation process; and to that end, it may request a regular briefing from the A3 until the successful completion of the negotiation process. The PSC may affirm AU-led PSOs authorized by the UNSC and funded through UN assessed contribution as being part of the range of tools that the UN deploys for maintenance of international peace and security. The PSC may also welcome the proposals contained in the Secretary-General’s May 2023 report notably with respect to monitoring and reporting, joint and consultative decision-making. It may commend the progress made by the AU for achieving ownership and burden sharing and signal that specific financial contribution by the AU for a PSO funded by UN assessed contribution is dealt with on a case-by-case basis. It may also express the need for the UNSC to recognize the important contribution of AU PSOs for international peace and security, hence for the realization of the primary responsibility of the UNSC.
Briefing on Maritime Security in the Gulf of Guinea
Briefing on Maritime Security in the Gulf of Guinea
Date | 17 September 2023
Tomorrow (18 September) the African Union (AU) Peace and Security Council (PSC) will convene its 1174th Session that is dedicated to Maritime Security in the Gulf of Guinea.
The PSC Chair for the month and Permanent Representative of Cameroon to the AU, Ambassador Ewumbue-Monono Churchill will be delivering the opening remarks. The Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is also expected to make a statement. Additionally, a briefing is expected to be delivered by the newly appointed Executive Secretary of the Gulf of Guinea Commission (GGC), José Mba Abeso, while the representatives of the Inter-Regional Coordination Centre, Yaoudé (CRESMAO/CRESMAC); the Coordinator of the Experts for the Establishment of the Regional Maritime Task Force; as well as the representatives of the Economic Community of West African States (ECOWAS) and the Economic Community of Central African States (ECCAS) are expected to deliver statements.
The PSC have so far dedicated various sessions for the consideration of maritime security issues in the continent. Amongst those sessions, in 2022, the PSC has convened two sessions (1128th and 1090th sessions) particularly focused on the Maritime Security situation in the Gulf of Guinea (GoG). Similarly, Piracy and armed robbery at sea in the GoG have resulted in three United Nations Security Council (UNSC) resolutions (S/RES/2634 (2022), S /RES/2039 (2012) and S /RES/2018 (2011)).
The last session of the PSC that addressed the issue of maritime security in the GoG was the 1128th session held on 19 December 2022 during Nigeria’s Chairship. In the Communique released following the session, the PSC reiterated its concern over the insecurity posed by pirates and organized criminal networks operating in the GoG. Apart from this communique the decline in the number of piracy and armed robbery incidents was also highlighted in the UNSC Resolution 2634 and the UN Secretary General’s report that was released in November 2022.
However, not only that this decline is not steady but also is not indicative of the absence of maritime security in the GoG. According to the International Maritime Bureau (IMB), compared to 84 attacks on ships and 135 kidnapping of seafarers in 2020 the data has shown a significant decrease in recent years. While there were 45 incidents in 2021, there were only 11 in 2022. This trend changed during this year. Despite the positive progress observed in the past two years, the IBM’s 2023 Mid-Year Report raises concern about the resurgence of maritime piracy and armed robbery in the GoG. The report indicates that 15 incidents were recorded from January – June 2023, which is higher than the total number of incidents recorded in the entire year of 2022. The UN Secretary General has also indicated new worrying trends and ‘a noticeable shift’ in the geographical location of piracy incidents from ECOWAS to ECCAS.
In order to further diminish maritime insecurity, the PSC at its 1128th session, among others, called for enhancement of the institutional capacities of national navies, law enforcement and border control agencies and the adoption of measures that ensure permanent presence of African naval forces at sea. In the light of the increase in incidents of maritime piracy and armed robbery, during tomorrow’s session, apart from following up on these decisions and deliberating on the factors behind the spike in incidents of piracy and armed robbery during 2023, the PSC members may consider requesting the AU Commission to develop, in consultation with the Gulf of Guinea Commission, a plan for the deployment of the naval force whose permanent presence it called for during its previous session.
Additionally, while as pointed out in the UN Secretary-General’s report that increased conviction of pirates by national authorities, naval patrols, improved cooperation among countries of the region, and deployment of non-GoG navies contributed to mitigating maritime insecurity in GoG, these security measures need not only to be strengthened but also to be complemented by non-security measures that also target the root causes of maritime insecurity. As such, basing its premises upon the multidimensional nature of maritime security threats, the PSC may focus on the overlooked aspects of the issue. In doing so, it may be useful for the PSC to center its discussion on the implementation of the continental and regional legal and policy frameworks, such as the African Charter on Maritime Security and Safety and Development in Africa (Lomé Charter), the 2050 African Integrated Maritime Strategy (2050 AIMs) and the Yaoundé Code of Conduct.
In this regard, it is important to note that the Lomé Charter is yet to come into force with the ratification of only three countries and some of its important provisions are pending further discussions before being added as annexes to the Charter. Given its importance, the PSC in different sessions has urged all Member States to ratify the Charter by reiterating the importance of the Charter as an African instrument for promoting peace, security and safety in Africa’s maritime domain.
Additionally, the eight draft annexes to the Charter that were revised by the AU Maritime Taskforce seek to regulate the marine environment as well as the development aspect of maritime security. To this end, in its 682nd session that was held in April 2017, the Council requested the AU Commission to expedite the finalization of the draft annexes. Subsequently, during the 858th session that was held in July 2019, the AU Commission was requested ‘to include the consideration of the draft Annexes to the Lomé Charter in the agenda of the upcoming sessions of the relevant Specialized Technical Committees (STCs)’ A further request was made ‘to organize a meeting of the STCs Coordination Mechanism for the development of a roadmap on the finalization of the draft annexes to the Lomé Charter, before end of the year’ (2019). However, the current status of these annexes is not known and looking back at the previous sessions of the PSC, no updates were given to the PSC on progress made with regards to the annexes. Hence, it is also pertinent that the Council follows up on the progress towards the development of the annexes and the entry into force of the Lomé Charter.
With respect to measures at the continental level, one of the key decisions of PSC’s earlier session was the establishment of a body of experts or a Task Force to coordinate, share knowledge and make recommendations on maritime security. It is to be seen whether the AU Commission will provide update on this. The other decision for update concerns the decision for the conduct of the first-ever Regional Maritime Command Post Exercise within the framework of the African Standby Force (ASF) and Combined Maritime Task Force (CMTF). The Council planned a follow-up session in March 2023 during Tanzania’s chairship of the PSC to review the progress of the exercise. However, the session was postponed, although the 1159th PSC session expressed its anticipation for the successful execution of the planned ASF continental maritime exercise. It is however worth noting that current financial, logistical, institutional and political dynamics in the AU and continentally are far from conducive for the conduct of such exercise.
Another expected issue to be discussed in tomorrow’s meeting is the other security measure that the PSC envisioned during its 1012th session in July 2021, which is the need for a naval capacity within the ASF framework to address maritime security threats in Africa. To this end, the 1159th session held in June 2023 emphasized the importance of having a maritime component within the ASF to support maritime trade and enable the implementation of the African Continental Free Trade Area (AfCFTA). However, the Council may need to clarify what the creation of a naval capacity within the ASF framework mean to the already existing plethora of security initiatives.
On the other hand, as a regional instrument, the Yaoundé Code of Conduct serves as the primary framework for addressing piracy and maritime crimes in the Gulf of Guinea (GoG). Signed by 25 countries from West and Central Africa, this non-binding instrument utilizes the Yaoundé Architecture as a regional framework to mitigate maritime threats. Recently, the Yaoundé Code of Conduct reached its 10-year milestone since its adoption in June 2013. In an effort to strengthen the existing framework, the Third Extraordinary Session of the Assembly of Heads of State and Government of the Gulf of Guinea Commission (GGC) was convened in Accra on 25 April. During this meeting, the heads of state instructed the GGC to create a strategic framework within a three-month timeframe. This framework will include an evaluation of existing systems and structures, leveraging successful ones and investigating methods to strengthen areas that need improvement.
During the upcoming PSC session, it is expected that the Council will receive a briefing on these developments. The session may also present the opportunity to assess the effectiveness of the Yaoundé Code of Conduct and discussions are expected to focus on exploring ways to further strengthen existing mechanisms.
In this evaluation process, it is important to consider the challenges outlined in the UN Secretary General’s report. While highlighting that the Yaoundé Architecture has made notable progress towards achieving some of its primary objectives, the report identified inadequate staffing, a lack of appropriate equipment and logistical support, and unpredictable and unsustainable financing as significant barriers. Moreover, the report also emphasized challenges related to the timeliness and effectiveness of information. In this regard, by taking into consideration that the suppressive approach adopted by the Yaounde Architecture lacks the mechanisms to address the root causes of the problem, the PSC may explore ways to address the root causes that are resulting the cyclical effect on maritime crimes. By extension, this will also require the PSC to assess the underlying governance concerns.
Another significant matter that warrants the attention of the PSC is the linkage between maritime security and the implementation of the African Continental Free Trade Area (AfCFTA), which is a key focus for the AU this year. With 38 coastal states out of 55, Africa heavily relies on maritime transport for its imports and exports, with 90% of trade being transported by sea. The successful implementation of the AfCFTA has the potential to significantly boost intra-African trade and industrialization. As stated by the Acting Executive Secretary, Mr. Antonio Pedro of theEconomic Commission for Africa (ECA), the AfCFTA could increase intra-African trade by 34% in 2045. However, achieving the promise of the AfCFTA requires not only improved transport infrastructure but also enhanced maritime safety and security measures.
As trade increases and shipping levels rise, there is a growing need for effective safety measures at sea. Again, it is crucial to address the root causes of maritime insecurities to ensure long-term resolution of the problem. In this regard, it is expected that the PSC will highlight that this goes beyond simply reducing the number of incidents and requires a comprehensive approach to maritime safety and security.
The expected outcome of the session is a communiqué. The PSC is expected to express serious concern over the resurgence in piracy and armed robbery in the Gulf of Guinea region as well as the economic cost to the countries of the region. The PSC may further express concern regarding the emerging shift in the geographical location of piracy incidents from ECOWAS to ECCAS regional waters, and in that regard, it may call upon Member States in the region, ECOWAS, ECCAS, and the GGC to enhance cooperation and coordination in the fight against maritime crimes in the GoG. The PSC may encourage Gulf of Guinea states that have developed and enforced domestic legislation to prosecute maritime crimes, notably piracy and armed robbery and call on those states that have not done so to enact national laws that allow for the prosecution of pirates and maritime criminals. The PSC may also emphasize on the need to give equal focus on a non-repressive/security approach that aim at solving factors such as enabling coastal communities to benefit from the use and development of maritime resources. The PSC may encourage Member States that have not yet signed and ratified the Lomé Charter, taking into account the ongoing review of its annexes, to consider signing and ratifying the Charter. In this regard the PSC may also encourage Member States to make all necessary efforts in implementing 2050 AIMs and its Plan of Action. The PSC may acknowledge the political determination of Member States in the region, as demonstrated by their efforts to implement the Yaoundé architecture and enhance enforcement measures. However, it may also underscore the importance of addressing the remaining obstacles to fully operationalize the architecture. PSC may request the AU Commission as a follow up to its 1128th session decision on the presence of naval forces to develop, in consultation with the Gulf of Guinea Commission, a plan for the deployment of such forces. Similarly, the PSC may also request the AU Commission to report to it concrete action plans with respect to the establishment of the proposed body of experts or a Task Force to coordinate, share knowledge and make recommendations on maritime security and the finalization of the eight annexes to the Lomé Charter with clear timelines.
