Commemoration of the 2021 Africa Amnesty Month
Amani Africa
Date | 08 September, 2021
Tomorrow (8 September) the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1029th session to commemorate the Africa Amnesty Month. Representatives of all AU Member States, Regional Economic Communities and Regional Mechanisms (RECs/RMs), and the international community in Addis Ababa are expected to participate in this open session.
The PSC Chair for the month and Permanent Representative of Chad to the AU, Mahamat Ali Hassan will be delivering opening remarks. The Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, as well as the representatives of the United Nations (UN) and the Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Bordering States (RECSA) are expected to make presentations.
The PSC has been convening annual sessions to commemorate Amnesty Month since 2017, following the decision of the Assembly during its 29th Ordinary Session to declare the month of September of each year, until 2020, as ‘Africa Amnesty Month for the surrender and collection of illicit small arms and light weapons’. It is initiated as an occasion for drawing attention to the challenge of small arms and weapons as major drivers of conflicts on the continent and for promoting the surrender and control of illicit arms and weapons. The 14th Extra Ordinary Session of the AU Assembly held on 6 December 2020 on Silencing the Guns extended the commemoration and conduct of Amnesty Month until 2030. As Commissioner Bankole stated in his statement for the launch of the Africa Amnesty Month 2021, ‘this September is yet another golden opportunity for anyone who owns an illegal gun to surrender it to their national authorities’.
One of the focuses of tomorrow’s session is expected to be the consideration of the compendium developed by the Commission, which highlights best practices and challenges in the implementation of the African Amnesty Month. This is in line with PSC’s request of the Commission, at its 943rd session, to conduct a lessons-learned study and submit to the Council in the course of 2020 for its consideration.
Beyond commemoration, tomorrow’s session is also an opportunity to take stock of the implementation of the Amnesty Month initiative and remaining challenges, and reflect on how to move the initiative forward in the next 10 years. The occasion is largely symbolic. But tomorrow’s session can also examine the need for and the ways for addressing the challenge of illicit arms and weapons, among others, drawing on the compendium on ‘African Union Member States’ Experiences in Voluntary Surrender of Civilian Firearms’. The session can also consider how to follow up the recommendation of the 2019 mapping study on the illicit small arms flows in Africa.
It is also to be recalled that the Amnesty Month initiative led to the joint project initiated by the AU and the UN Office for Disarmament Affairs (UNODA) last year. As an implementing partner of the project, the presentation by RECSA is expected to shed light on the supports provided to interested member states in sensitization and awareness campaigns and collection and destruction of illicit SALW, as well as training of law enforcement officials. One aspect the presentation is expected to highlight is the growing number of member states joining the project since last year. In 2020, the project succeeded in bringing seven member states on board, namely Burkina Faso, Cameroon, CAR, DRC, Ethiopia, Kenya and Cote d’Ivoire. More member states have expressed interest this year including Madagascar, Niger, The Gambia, and Uganda. Furthermore, the project reportedly supported the collection of some 3,500 SALW in 2020, though this is only fraction of the staggering 40 million illicit arms/weapons circulating in the hands of civilians in Africa.
Disarmament programmes yet remain the most effective means for Amnesty programmes to deliver better results in collecting illicit arms and weapons. There are encouraging steps in this regard including the most recent one in Nigeria where Boko Haram and Islamic State of West Africa Province terrorists started to surrender en masse last month. The controversy that sparked following the amnesty for ‘repentant’ terrorists also highlighted the delicate tightrope between ending conflicts and justice for victims.
There are plethora of regional and global legal instruments relating to SALW, but AU is yet to develop a consolidated and binding legal instrument on the area that responds to the unique contexts and realities of Africa. One of the issues the Council is expected to take practical steps in the years ahead is developing a comprehensive continental legal framework on illicit flow of arms and weapons.
The Amnesty Month initiative also contributed to support measures to strengthening institutional and human capacities of member states in the areas of stockpile management, record keeping and tracing, and the destruction of illicit firearms. Diversions from national stockpiles remain a big challenge for many African countries. As highlighted in the mapping study on illicit small arms flows in Africa, the massive national stockpile diversion due to the crises in Libya, Mali and CAR not only intensified armed conflicts in these countries and beyond but also became significant source of material for terrorist groups. The other big challenge is illicit inflow of firearms into the continent. The study reveals in this regard the ‘robust trend’ in the involvement of Middle Eastern states in illicit arms transfers to Africa. But most of all, trafficking across the borders of Africa remains the main source of illicit arms on the continent, further exacerbated by the porous nature of African borders. These challenges not only require strengthened national law enforcement agencies but also highlights the need to promote the greater use of AU mechanisms such as the AU Mechanism for Police Cooperation (AFRIPOL) and Committee of Intelligence and Security Service (CISSA).
The expected outcome is a press statement. Among others, the Council may welcome the contributions of the African Amnesty Month initiative over the past few years and may stress on sustaining the gains and redouble efforts towards the significant reduction of illicit SALW circulating in hands of non-state actors in Africa. The Council may reiterate Commissioner Bankole’s statement issued for this year commemoration which appealed to ‘all the citizens of the African Union Member States who are in possession of illicit firearms’ to surrender them to national authorities. The Council may further reiterate its call at its 716th, 793rd, and 943rd sessions for the Commission to effectively engage African civil society including the youth and women, non-governmental organizations, think tanks, faith-based organizations to actively participate and contribute to the surrender of arms during the Amnesty Month. The Council may particularly appeal to the media to actively engage in the advocacy of the need for surrendering of firearms in the hands of civilians, reiterating Bankole’s statement on the launch of this year Amnesty Month. The Council may also echo its 832nd session in encouraging the Commission to closely work with the RECs/RMs in popularizing the Amnesty Month to bring about tangible results in the collection of illegal firearms. On challenges relating to illicit flow of arms, the Council is likely to reiterate its previous call for member states to strengthen their national legal and institutional frameworks that would enhance stockpile management, arms marking and record keeping, as well as border security. In light of the worrying trend of illicit inflow of arms into Africa, the Council may particularly reiterate its decision to ‘name and shame suppliers, brokers and recipients of illicit arms/weapons in Africa’. Taking this further, the PSC could mandate the AU Commission to develop a legal framework with a monitoring and enforcement mechanism for the control of the importation and circulation of illicit arms in Africa. The PSC may finally underscore the importance of addressing the root causes driving illicit firearms by non-state actors and explore ways in which AU’s existing Peace and Security as well as Governance Architectures can be utilized in this context.
Emergency VTC meeting on the situation in Guinea
Amani Africa
Date | 06 September, 2021
Today (6 September), the African Union (AU) Peace and Security Council (PSC) is expected to convene an emergency meeting on the situation in Guinea. It is expected that the PSC will receive update on the situation from the AU Commission. AU Commissioner for Political Affairs, Peace and Security, Bankole Adeoye, is expected to make a statement. A representative of the Economic Community of West African States (ECOWAS) may also address the PSC. The representative of Guinea may also make a statement as per the usual practice of the PSC.
This emergency meeting comes after special forces of the Guinean army staged a coup d’état on 5 September in the capital Conakry. Following gun fire near the presidential palace that lasted for some hours, the coup makers captured President Alpha Conde and held him in detention. They announced on television that the constitution is suspended and the government dissolved. Criticizing the government for corruption and mismanagement and professing their commitment to democratic values, they told the public the establishment of The National Committee for Rally and Development.
It is to be recalled that Guinea held elections on 18 October 2020. President Conde, running for a third term, was declared a winner of the presidential election and was on his first year of his third term in office. The President stood for a third term during the 2020 elections after a controversial constitutional referendum removed the clause of the constitution limiting presidential term of office to two terms. The 22 March 2020 referendum was boycotted by the opposition who contested that the referendum was called by the Speaker of Parliament instead of the parliament itself as required by the Constitution of the country. Reports indicated that at least 32 protestors were killed by police in the run up to the election. At the time various international actors including ECOWAS, the UN Office in West Africa and the Sahel and the European Union expressed their concern over the lack of inclusiveness and credibility of the referendum and the parliamentary election.
The presidential election in October 2020 was marred by violence. At least 30 people were reportedly killed by security forces as demonstrators staged protests during the election. The opposition also rejected the electoral outcome alleging that the presidential election was fraudulent.
The response from regional and international institutions shows a common position condemning the coup. In a joint statement issued on 5 September, the AU Chairperson, President of the Democratic Republic of Congo and the AU Commission Chairperson, Moussa Faki Mahamat, condemned ‘any seizure of power by force’ and called for ‘immediate release of President Alpha Conde’. The joint statement also invites the PSC ‘to meet urgently to examine the new situation in Guinea and to take appropriate measures in the circumstances’.
ECOWAS also issued a statement through the Chairperson of the ECOWAS Authority, President of Ghana. In the statement, it noted ‘with great concern the recent political developments which occurred in Conakry, Republic of Guinea’ and condemned ‘with the greatest firmness this coup attempt’. It reaffirmed its ‘disapproval of any unconstitutional political changes.’ ECOWAS further demanded ‘respect for the physical integrity of the President of the Republic’ and ‘his immediate and unconditional release as well as that of all the personalities arrested’.
Similar sentiments of condemnation have also been voiced by Secretary-General of the UN Antonio Guterres and the EU High Representative for Foreign Affairs and Security Policy. In the meantime, some people in Conakry have been seen cheering coup makers and celebrating the ouster of President Conde.
In today’s session, it is expected that the PSC will make a determination on whether what the AU statement called ‘the new situation in Guinea’ involving the ouster of the President of the country and the suspension of the Constitution and dissolution of government constitutes a military coup warranting the application of the measures envisaged under the Lomé Declaration on Unconstitutional Changes of Government of 2000, the AU Constitutive Act, the African Charter on Democracy, Elections and Governance and Article 7 of the PSC Protocol. All indications are that the measures taken by the special forces including the seizure of power by force, the suspension of the constitution of the country and the dissolution of the government have all the ingredients of a military coup prohibited under these AU instruments.
While the reading of the Lomé Declaration on Unconstitutional Changes of Government of 2000 and other relevant instruments of the AU including the AU Constitutive Act and the dominant practice of the AU suggests that the application of suspension of the county in which unconstitutional change happened to be automatic, there have been instances in which the PSC opted for holding back the automatic application of these legal consequences. Such was the case in respect to the situation in Burkina Faso in November 2014 and that of Sudan in April 2019. On the other hand, the PSC recently at its 1001st session imposed automatic suspension on Mali following the ouster by Malian army of the leaders of the transitional government in May 2021.
The expected outcome of the session is a communique. It is expected that the PSC would condemn the seizure of power by the special forces of Guinea by force. It may also urge the army to restrain from any acts that further endanger the peace and stability of the country. While echoing the call for respect of the safety and security of the President and other government leaders in its custody, the PSC may also echo the call for the unconditional release of the President. The PSC may consider the situation in Guinea as military coup in line with the Lomé Declaration of 2000 and the African Charter on Elections, Democracy and Governance. It is also expected to invoke Article 7(1)(g) of the PSC Protocol suspending Guinea until the restoration of constitutional order. The PSC may call on the perpetrators of the coup to uphold the Constitution of the Country and stick to their constitutional mandate and cease interference in the political processes of the country by returning to the barracks in compliance with their professional duty. The PSC may also request the AU Commission working with ECOWAS and other regional and international actors to initiate efforts to assist the Guinean actors towards the restoration of constitutional order and find a peaceful and inclusive solution to the current crisis and achieve reconciliation.
Monthly Digest on the AUPSC - September 2021
Amani Africa
Date | September 2021
Chad assumed chairship of the African Union (AU) Peace and Security Council (PSC) in September. In total, eight sessions were convened throughout the month. Although Council planned to convene a session to consider strategic priorities for the utilization of the AU Peace Fund and the zero draft African consensus paper on financing AU-led peace support operations (PSOs) through UN assessed contributions, that session was postponed to October. On the other hand, two of Council’s sessions took place outside of the programme of work to address the emergency situation in Guinea, following the coup of 5 September 2021.