Engagement between the PSC and the PRC Sub-Committee on Human Rights, Democracy and Governance
Engagement between the PSC and the PRC Sub-Committee on Human Rights, Democracy and Governance
Date | 11 August 2023
Tomorrow (11 August) the African Union (AU) Peace and Security Council (PSC) will convene its 1166th Session that is dedicated to the PSC’s engagement with the Permanent Representative Committee (PRC) Sub-Committee on Human Rights, Democracy and Governance (HRDG).
The PSC Chair for the month and Permanent Representative of Burundi to the AU, Ambassador Willy Nyamitwe 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 James Pitia Morgan, as the Permanent Representative of the Republic of South Sudan to the AU and the Chairperson of the PRC Sub-Committee on Human Rights, Democracy and Governance. It is also anticipated that Remy Lumbu, Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR) and Chairperson of the African Governance Architecture (AGA) Platform will also make a statement.
The upcoming session marks the second annual joint engagement between the PSC and the Sub-Committee. This session was institutionalized during the 1095th session, where the PSC made the decision to hold the meeting with the Sub-Committee every August. The engagement is not only supported by the PSC’s decision, but is also enshrined in the PSC Protocol Relating to the Establishment of the PSC, which mandates the PSC to follow up on progress towards promoting democratic practices, good governance, the rule of law, and the protection of human rights. Correspondingly, beyond promoting AU shared values, the mandate of the Sub-Committee additionally involves: hearing briefings from AGA platform members; recommending policy initiatives, draft declarations, draft resolutions and decisions in the area of human rights, democracy and good governance; considering proposals/documents concerning the programs, policies, strategies of AU human rights, democracy and governance initiatives; and supporting efforts and initiatives aimed at the full operationalization of the AGA, its platform and its synergy with the APSA.
Similar to the previous engagement, the upcoming session aims to create synergy and coordination between the PSC and the Sub-Committee in respect of the role of the PSC on issues relating to governance, democracy and human rights. The session also seeks to identify joint programs as well as initiatives going forward.
However, the surge in coup d’états in the continent increases the relevance of tomorrow’s session. As a result of the successful coup attempt that took place from 26 – 28 July 2023, Niger has joined Guinea, Mali, Burkina Faso, Chad and Sudan in the list of African countries that have experienced a coup since April 2020. While some of those countries are still struggling to transition from military to civilian rule, Sudan has experienced a full-blown conflict that resulted in the worsening of human suffering with human rights violations including the death and displacement of hundreds of thousands of Sudanese. The increasing frequency of coups throughout the Sahel region reflects the failure of continental frameworks aimed at maintaining democratic order in African countries.

As concern over the growing number of coups in Africa intensifies, PSC has convened three sessions in the past year to address the issue of unconstitutional changes of government, including the reflection forum held in March 2022 in Accra, Ghana. Subsequently, the AU’s Extraordinary Session of the Assembly adopted the Declaration on Terrorism and Unconstitutional Changes of Government on May 28, 2022, in Malabo, Equatorial Guinea. This declaration enshrines the consensus among member states that an urgent response is required from both the AU and the Regional Economic Communities/Mechanisms (RECs/RMs). The AU and the RECs/RMs are intensifying their efforts to restore democratic rule by supporting the on-going transitions and attempting to put a stop to the epidemic of coups on the continent.
However, none of these efforts have succeeded in preventing coups. Progress in facilitating the transition of countries under military rule towards restoration of constitutional order also remains slow. Tomorrow’s session thus presents an opportunity for discussing what more needs to be done collectively by the AGA and APSA institutions to reverse the spread of coups, including by revisiting the Accra Forum and the follow up of PSC’s decision from the 14 September 2022 inaugural meeting with CSOs for reconvening of the Accra forum.
As the PSC itself admitted in various occasions and reflected in the Accra Declaration, the lack of regard by Member States for the provisions of the African Charter on Democracy, Elections and Governance (ACDEG) and other similar governance and human rights instruments is one of the sources of the decline in the state of democracy and human rights in Africa. Hence, as the organ mandated with promoting the AU’s shared values on human rights, governance, and democracy, tomorrow’s consultation presents an opportunity for critically reflecting on how HRDG Sub-Committee creates the space for the AGA Platform members to critically assess the weaknesses in their current approach to the execution of their mandate and design and deploy strategies and approaches that are more effective in arresting and countering the regression in democratic governance and respect for human rights that serves as fertile ground for military coups, economic dislocation and conflicts and other sources of insecurity in Africa. The PSC’s past engagement with the Sub-Committee had also urged Member States to expedite the universal signature and implementation of the ACDEG. However, despite popularization efforts, the ACDEG has no seen progress in terms of signatories since the previous engagement of the two organs. As such, in the upcoming session, the PSC is expected to be briefed on the work that the AGA Secretariat and the AGA Platform undertook towards enhancing ratification and implementation. The session may also include discussion on elections, as the monitoring of elections through periodic report is in the standing agenda of the PSC and promoting of ACDEG is one of the mandates of the Sub-Committee.
Furthermore, the ACDEG is at the core of the African Governance Architecture (AGA) and the AU Executive Council has also directed the Sub-Committee to continue engaging with AU organs and institutions with human rights and governance mandates in a view to enhance synergy between the AGA and African Peace and Security Architecture (APSA). In line with these and building on the PSC’s previous engagement with the Sub-Committee, the PSC may seek to receive updates on the progress made and the challenges to the institutionalization of the synergy. The upcoming session may also present an opportunity for the PSC to explore a critical aspect that was overlooked in the previous session. Particularly, exploring ways to facilitate the implementation of decisions made by the members of the AGA platform, such as the African Commission on Human and Peoples’ Rights (ACHPR), the African Court on Human and Peoples’ Rights and the Committee of Experts on the Rights and Welfare of the Child as well as the AU Anti-Corruption Board. Additionally, the two organs may hold discussions on promoting the integration of AU democracy and human rights standards across the AU Executive Council and AU Assembly decisions through the PRC.
In terms of further follow up, in its previous engagement with the Sub-Committee the PSC has encouraged the Sub-Committee to engage CSOs through the AU Economic, Social and Cultural Council (ECOSOCC). As per the February 2023 report of the Sub-Committee that was submitted to the AU Executive Council, it was indicated that the Sub-Committee received a briefing from the ECOSOCC. In the report ECOSOCC also cited the promotion of the continental civil society sensitization campaign on the ratification and domestication of the ACDEG, participation in ECOSOCC Citizens’ Forum and supporting ECOSOCC programs on the integration of Women and Youth in democratic governance in Africa as proposed areas of collaboration. Against that backdrop, the PSC may request an update on activities that were undertaken by the Sub-Committee in the engagement of CSOs.
The outcome of the session is expected to be a Communiqué. The PSC may welcome the consultation with the HRDG Sub-Committee of the PRC, while underscoring the need for enhancing the effectiveness of the Sub-Committee and importantly the role of the AGA platform and its members. In light of the coup that took place in Niger, it may condemn the democratic regression in the continent and the blatant disregard by member states of the decisions of the AU bodies on human rights and governance and the recent spike in military coups on the continent. It may also request the Sub-Committee working with the AGA Secretariat and the AGA Platform members to look into the apparent support that African citizens are showing to military coups and develop strategies on how to build strong defence on the part of African people against unconstitutional changes of government in all its forms. The PSC may also request the Sub-Committee to facilitate coordination and dialogue between the AGA Platform members and member states concerned on enhancing the implementation of decisions of the African human rights and governance bodies as critical measures for fending against conditions that make coups possible. While welcoming the engagement between the Sub-Committee and ECOSOCC, the PSC may request that the coordination between the two focuses on measurable activities for enhancing public awareness and support for AU shared values including ACDEG through the use of media and public surveys working, for example, with organizations such as Afrobarometre. The PSC may also reiterate the need for the involvement of CSOs in governance matters and for the representation of Africa citizen in regional human rights bodies and in this respect the importance of expanding and consolidating platforms for their impactful engagement. In the light of the continuation of the occurrence of coups, the PSC may call for the convening of a follow up to the Accra Forum within the framework of decision for the holding of the forum on annual basis.
Annual Consultative Meeting between the Peace and Security Council (PSC) and Pan-African Parliament (PAP)
Annual Consultative Meeting between the Peace and Security Council (PSC) and Pan-African Parliament (PAP)
Date | 29 June 2023
Tomorrow (29 June) the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1161st Session that is dedicated to an annual consultative meeting of the PSC with the Pan-African Parliament (PAP).
The PSC Chair for the month and Permanent Representative of Zimbabwe to the AU, Sophia Nyamudeza will be delivering the opening remarks. The Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is also expected to make a statement. The President of the PAP, Fortune Charumbira is also expected to deliver a statement.
The convening of this session is grounded upon two legal bases. Firstly, the mandates of the PAP and the PSC are intertwined. One of the core objectives of the PAP, as stated in the 2001 Protocol to the Treaty Establishing the African Economic Community Relating to the PAP, is the promotion of peace, security and stability. Thus, PAP’s mandate has a component that overlaps with that of the PSC, although the PSC holds primacy on matters of peace and security.
Second and most importantly, tomorrow’s session is also convened within the framework of Article 18 of the PSC Protocol. This article provides for the establishment of a close working relationship between the PSC and the PAP, recognizing the complementary nature of their respective roles in the promotion of peace, security, and stability on the continent.
Despite this, the working relationship between the two in advancing peace and security has not been institutionalized. To-date, only two interactive sessions have taken place within the framework of Article 18 of the PSC Protocol. The first consultative meeting with the PAP was the 148th session that was held in August 2008, and the second and the last meeting was the 344th session held in November 2012. At the 344th session, a delegation from PAP’s Committee on Cooperation, International Relations, and Conflict Resolution (CCIRCR) engaged with the PSC on the relations between the two organs. The outcomes of those two sessions in 2008 and 2012 were a press statement.
The PAP’s general mandate, which is to ensure the full participation of the African people in the economic development and integration of the continent is stipulated under the Abuja Treaty, the Constitutive Act of the AU, and the Protocol to the Treaty Establishing the African Economic Community Relating to the PAP. Additionally, the PAP is invested with the role of receiving report from the PSC. Article 18 (2) and (3) of the PSC Protocol, the PSC is required to submit reports to the PAP through the AU Commission Chairperson whenever requested. The Chairperson also has the responsibility to present an annual report on the state of peace and security in the continent.
Yet, these mechanisms are as yet to be fully institutionalized. The lack of interaction between the PSC and PAP has been observed in the previous years, with the exception of statements delivered by the PSC Chairs during the Parliament’s Ordinary Sessions. During a debate on the status of peace and security in Africa on the second day of the First Ordinary Session of the Sixth Parliament in Midrand last November, the Chairperson of PAP’s CCIRCR has expressed concern that the relationship between the PSC and PAP has not developed as it should.
The above concern is true. The last time the PSC held a consultative meeting with PAP through CCIRCR at its 344th session, it commended the CCIRCR for the proposal it put forward at that session and ‘agreed to look in-depth into these proposals and other modalities for strengthening its relations with the PAP and to meet in due course to review the issue. Indeed, next steps towards addressing these concerns would require the elaboration of modalities for the operationalization of Article 18 of the PSC Protocol on close working relationship. The PSC may also invite PAP to update the proposal made during the last meeting in the light of developments since that meeting. Indeed, if the experience of the PSC with other AU bodies like the African Commission on Human and Peoples’ Rights under Article 19 of the PSC Protocol is useful guide, it would become most useful if proposal on how to operationalize Article 18 comes from PAP having regard to its mandate and how best the mandate can be leveraged in the implementation of the objectives of the PSC Protocol.
There are also institutional challenges that affect the effective operationalization of the relationship. One such challenge relates to the management issues afflicting the PAP over the past years, which tarnished the image of the institution and led to loss of confidence in the execution of its mandate. There is also the issue of the lack of ratification of the 2014 Protocol to the Constitutive Act of the AU Relating to the Pan-African Parliament (the 2014 PAP Protocol), which designates the PAP as the legislative body of the AU. As of 28 June 2023, 22 Member States had signed and 14 had deposited the instrument of ratification for the 2014 PAP Protocol. It is worth noting that only four of the current rotating chairs of the PSC have ratified the Protocol. This leaves the Protocol with half of the required member states to ratify the instrument for it to enter into force and for the Parliament to start implementing its legislative role. This continues to limit the substantive role of PAP, which in its current mandate is largely advisory. These should not however impede enhancing close working relations for leveraging the role of PAP.
For purposes of the peace and security component of its mandate, PAP has the CCIRCR, which is one of the ten (10) Permanent Committees of the PAP. Pursuant to the provisions of Rule 26(d) of the Rules of Procedure of PAP, the CCIRCR has the specific responsibility of introducing issues of peace and security in Africa for consideration of the Chamber.
In its consultative\advisory role, the PAP has since its earlier years sent various fact-finding missions to different conflict areas across the continent, including Cote d’Ivoire, Darfur/Sudan, Libya, Rwanda, Mauritania and Chad. These missions have produced reports, which are used to provide recommendations. It has also adopted resolutions for conflict resolution. Despite its mandate to forward these recommendations to all relevant bodies, including the PSC, there is no established means of communication for the PAP to transmit its recommendations. As a result, there is no record of the interaction between the PAP and the PSC regarding its recommendations on peace and security issues. Therefore, it is difficult to assert that the recommendations of the Parliament have been reflected in the decisions of the PSC.
In the earlier years of its establishment, the PAP also conducted election observation missions in various countries such as Kenya, Democratic Republic of Congo (DRC), and Zimbabwe for election observation. However, these election observation missions of the PAP have been discontinued since 2008. In a recent visit to the Parliament’s Headquarters in Midrand, South Africa, Commissioner Bankole Adeoye reaffirmed the decision taken by the Executive Council in February 2010. The decision stipulates that both the PAP and the AU Commission, through the Department of Political Affairs, Peace and Security, should collaborate in a joint AU Election Observation Mission (AUEOM). Furthermore, it allowed the PAP to contribute 40% of the observers to the mission. Tomorrow’s session may reflect on the follow up on this plan and whether PAP can best contribute to promoting free and fair elections other than through being part of AU election monitoring. This latter part is particularly important as PAP could deploy ahead of the convening of elections and share its observations on measures that need to be taken for enhancing credibility of elections in countries planning to have elections.
Although the outcome of the session is uncertain, the expressed need for collaboration between the two organs by Ambassador Emilia Ndinelao Mkusa, the PSC Chair for the month of November 2022, and the readiness to work together by Commissioner Adeoye, creates an expectation that the PSC adopts modalities for enhancing close working relationship with the PAP.
Irrespective of the format of the outcome of the consultative meeting, the PSC is expected to welcome updates from the PAP on the activities undertaken in relation to peace and security and to continue cooperation through the annual consultative meeting within the framework of Article 18. In addition, the PSC may call for modalities to operationalize Article 18 and in this respect invite PAP to update and present for PSC’s consideration the proposal it made at the 344th session of the PSC. The PSC may indicate that such proposal consider establishing a mechanism for the communication of decisions and recommendations of PAP on peace and security in order to ensure coherence and complementarity in decision-making processes. Furthermore, the PSC may decide to hold regular interactions between the PSC Chairperson and the Chairperson of the PAP. The PSC may also welcome the engagement of PAP in peace and security issues including through the issuance of statements on peace and security developments and indicate the importance of coordination to enhance effectiveness and coherence. Lastly, the PSC may urge Member States to ratify the 2014 PAP Protocol to fully operationalize the Parliament.
Engagement between the PSC and the AU Commission on International Law (AUCIL) on international law and cyberspace
Engagement between the PSC and the AU Commission on International Law (AUCIL) on international law and cyberspace
Date | 9 November 2022
Tomorrow (9 November), the African Union Peace and Security Council (PSC) will convene its 1120th session to engage with the AU Commission on International Law (AUCIL) and discuss the issue of international law and cyberspace.
Permanent Representative of Namibia to the AU and Chairperson of the PSC for the month of November, Emilia Ndinealo Mkusa, is expected to make opening remarks, followed by a statement from AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye. Guy Fleury Ntwari, the AU Legal Counsel, will make a presentation touching on the role of international law in the advancement of peace and security and the importance of the role of the AU in shaping international law rules governing peace and security in cyberspace. The PSC also expects presentations on the thematic focus of the session from Hajer Gueldich, Chairperson of AUCIL, and Mohamed Helal, Special Rapporteur on Cyberspace and International Law and a member of the AUCIL.
Tomorrow’s session, during which the PSC will interact for the first time with the AUCIL in relation to its mandate, is expected to provide an opportunity for the PSC and the AUCIL to harness their respective mandate for the articulation of an African position on the formulation of international law rules governing cyberspace with a particular focus on the making of international law rules and peace and security in the cyberspace. The AUCIL is an 11 members independent advisory organ established in 2009 in line with article 5(2) of the AU Constitutive Act. As envisaged under article 4 of AUCIL Statute, the Commission is envisaged to undertake activities related to codification and progressive development of international law in Africa, with particular attention to the laws of the AU; propose draft framework agreements and model regulations; assist in the revision of existing treaties and identify areas in which new treaties are required; conduct studies on legal matters of interest to the AU and its Member States; encourage the teaching, study, publication and dissemination of literature on international law, specifically the laws of the AU.
The nature of the mandate of the AUCIL is such that it can also advise the AU and contribute to the crafting of African positions on the development of international law rules for the governing of global matters that affect peace and security in Africa. Tomorrow’s session falls within this category of the mandate and work of the AUCIL.
The technological advance particularly in information and communication technologies (ICT) is a double-edged sword, offering both benefits and risks. Despite the enormous benefits that ICTs continue to produce in the social, economic, political spheres, State and non-state actors are increasingly using the cyberspace to carry out cyber-attacks on critical national infrastructure and democratic institutions, steal and launder money, illegally transfer funds, propagate hate speech, and incite violence. A worrying trend has been also emerging in the continent with the increasing use of the cyber space by terrorist groups who often exploit the platform for radicalization, lure recruits into their ranks, mobilize fundings and logistics, as well as train individuals, incite and stage violent attacks. Furthermore, it has been used to influence domestic political outcomes that would destabilize governments of another state.
The PSC has addressed itself to the issue of cyber security and the need for addressing the deficit in the rules regulating cyberspace in earlier sessions. In this context, PSC’s 627th session of September 2016 noted that ‘cybersecurity concerns are broader than national security and that they can become a planetary emergency with the potential of amplifying the traditional security threats that include terrorism and violent extremism’. In the absence of regulation, the cyberspace therefore poses a serious risk to the national, regional, and international peace and stability. The 627th session recognized ‘a safe and secure cyber space’ as a ‘necessary condition for reaping the benefits of the digital transformation of Africa and for ensuring the positive impact of ICTs on human and economic development throughout the continent’. Furthermore, Council, in the same session, stressed the importance of ‘regional and global frameworks for promoting security and stability in the cyberspace’.
The AU has taken steps in developing framework to govern the cyber space at a continental level with the adoption of the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention), but such kind of tailor-made frameworks for regulating cyberspace at a global level are still missing. Yet, efforts are underway to clarify and develop a normative architecture for cyberspace. Such effort of developing normative architecture is happening within the UN with the establishment of two working groups with the mandate to study how international law applies to states’ operations in cyberspace. The two groups are: UN Group of Governmental Experts (UN GGE) and an Open-Ended Working Group (OEWG). While the GGE is comprised of approximately 25 states, the OEWG is envisaged to be more inclusive, accepting participation of any interested state. Round of talks under these separate and independent processes indeed reveal consensus on variety of norms of general behavior in cyberspace including the applicability of international law in cyberspace, but the issue of how international law applies in this space remains contested. Some countries are of the view that there is no need for new rules regulating cyber activities. Others favor agreed non-binding norms that complement existing international law, while others have questioned whether existing international law as it stands is capable of regulating states’ cyber interactions hence call for the development of new rules.
There is also contention over the application of some of the core principles and rules of international law such as sovereignty, intervention, state responsibility, legal response options to malicious cyber activity, as well as the rules governing the use of force (jus ad bellum) and international humanitarian law (jus in bello) within the context of cyberspace. On sovereignty, one of the controversial issues remains the question of whether cyber operations affecting networks in another state’s territory would amount to a violation of state’s sovereignty. Regarding intervention, while there could be common understanding that the principle of non-intervention applies to state conduct in cyberspace within the context of the fulfillment of two conditions that the action constitutes coercive interference and falls into the domaine réservé of a state. Yet, there is no clarity on the threshold of the coercion element as well as which specific acts falls within the domaine réservé of a State. For instance, it is not clear whether cyber operations to manipulate electoral results of another state could constitute as a breach to the international obligation of non-intervention. Again, on the prohibition of use of force, there is unclarity on which specific cyber operations could constitute the use of force (armed attack) against another state and therefore trigger the right to self-defence. On due diligence, while states are under obligation not to allow knowingly their territory to be used for acts contrary to the rights of other states under international law, there is a need for clarifying how far this obligation applies in the cyberspace. With respect to state responsibility, the main confusion concerns the technical aspect of the application of the attribution standard to cyberspace given the anonymity, interconnectedness, transboundary nature, and the use of proxies in cyberattacks. On legitimate response to cyber attacks, while there seems to be agreement among some states about the availability of at least three options (retorsion, countermeasures, and the plea of necessity), there is unclarity on whether collective countermeasures are permitted, whether there is a duty of prior notification of the response options, and whether states are allowed to take non-cyber-based countermeasures for cyberattacks. The other uncertainty is on the extent of the application of human rights and international humanitarian law (IHL) to cyberspace.
Despite the growing importance of the cyberspace to the life of individuals, communities and societies on the continent and the grave threat that cyber attacks pose to the peace and stability of Africa, the discourse on the making of the international law rules for governing peace and security in the cyberspace is dominated by the global north. In this respect, countries such as Germany, Canada, Sweden, Australia, Estonia, France, the Netherlands, the United Kingdom, and the United States have released their comprehensive positions on the application of international law in cyberspace. There should be similar efforts from the continent of Africa in developing and publishing its views and perspectives on how international law applies to cyberspace so that African voices are taken onboard in the ongoing effort towards developing rules of international law governing cyberspace in general and peace and security in cyberspace in particular. Tomorrow’s PSC engagement with the AUCIL therefore comes within this framework of developing African common position on the issue.
The expected outcome from tomorrow’s engagement is a communique. Among others, Council may express its concern over acts of violence in the cyber security, which constitute serious threats to national, regional, and international peace and security. While highlighting the need to harness the potentially of information and communication technologies for enhancing democratic governance and socio-economic advancement, Council may also reiterate its concern over their increasing use by state and non-state actors of cyberspace for malicious activities, including the spread of misinformation and disinformation, propagation of hate, cyber attacks on critical infrastructure, manipulation of elections, and incite violence. It may encourage all Member States, which have not yet done so, to expedite the signature and ratification of the Malabo Convention. The PSC may welcome the engagement with the AUCIL on the issue of international law and peace and security in the cyberspace. Cognizant of the role that Africa should play in the development of rules of international law in the area of cyberspace, Council may emphasize the importance of having Africa’s common position on the application of international law to cyberspace. In this respect, it may request the Commission, together with the AUCIL, to prepare the common position and submit for its consideration within a specified timeframe. While preparing the common position, Council may direct the Commission to engage Member States with the view to getting their respective national perspectives on the issue of the application of international law in cyberspace and their positions on contested issues.
Experience Sharing Session Between the PSC and AGA Platform Members
Experience Sharing Session Between the PSC and AGA Platform Members
Date | 11 August 2022
Tomorrow (11 August), the African Union (AU) Peace and Security Council (PSC) will convene its 1098th session to hold an experience sharing session with the members of the African Governance Architecture (AGA) Platform.
The session will start with the opening remarks of the PSC Chairperson for August, Permanent Representative of the Gambia Jainaba Jagne, followed by remarks of the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye. The Chairperson for the African Commission on Human and Peoples’ Rights (ACHPR) Rémy Ngoy Lumbu will then deliver a statement as the Chairperson of the African Governance Platform (AGP). Other AGP members and representatives of UN Human Rights Council are also expected participate in the session.
This will be the first session between the PSC and the AGP. Hence the deliberations will aim at creating a deeper understanding of the Platform, the AGA and its synergy with the African Peace and Security Architecture (APSA). The AGP which consists of about 19 human rights organs, bodies that have mandate of promoting and advancing governance, democratization and constitutionalism as well Regional Economic Communities (RECs), serves a coordination framework of various AGA initiatives. In 2021 the ACHPR was elected as a chairperson and the Intergovernmental Authority on Development (IGAD) as the vice chairperson of the AGP for a two-year term.
The AGA Platform, as an amalgam of various bodies including even the PSC itself, is a vague construct, with no specific legal raison d’etre. Its value lies in promoting synergy and coordination but as far as delivering substantive mandate is concerned it is a matter that lies in the mandate of each AGA Platform member. In terms of engagement with the PSC, it is worth mentioning that within the framework of Article 19 of the PSC Protocol and taking into account the mandate of the ACHPR in responding to human rights issues in conflict and crisis situations, the PSC and the ACHPR have institutionalized annual consultative meeting. This has been held annually since 2018 culminating in communiques that outlined rich modalities for close working relationship and addressing human rights issues in conflict and crisis situations. Similarly, the PSC has also received briefings from the African Peer Review Mechanism (APRM) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). These engagements have proved particularly useful both in terms of implementing specific provisions of the PSC and advancing implementation of the PSC mandate.
Tomorrow’s session is expected to build on, rather than dilute and displace, such existing engagements with individual members with a focus on the AGA Platform as a whole. The statement of the AGA Platform chair may include various elements. First it may provide an overview of the platform and its objectives. Second it is expected that the Chair of the AGP will brief the PSC on progress made on the implementation of joint flagship projects and programs within the AGA including the Youth Engagement Strategy (YES), Women Engagement Strategy (WES) and the annual High-Level Dialogue on Democracy, Human Rights and Governance which is convened under the auspices of the AGP.
For members of the PSC of particular significance is how the AGA Platform contributes to strengthening of its engagement with those that the PSC has established institutionalized working relationship and to facilitate implementation of the outcomes of those engagements for addressing the governance and human rights dimensions of its mandate in conflict prevention, management, resolution, post-conflict reconstruction and in dealing with unconstitutional changes of government.
In this regard the engagement is also very timely to discuss AU norms relating to countering unconstitutional changes of government, their application and their effectiveness in responding to the rising governance challenges. The PSC may recall its recommendations made during the Eight High-Level Seminar on Peace and Security in Africa, held in Oran, Algeria in December 2021, particularly with regards to the need to review the AGA and the 2000 Lomé Declaration on unconstitutional changes of government. The high-level seminar also tasked the AUC to undertake in-depth analysis of the 2000 Lomé Declaration on unconstitutional change of government and the AGA, to assess whether these frameworks and instruments respond appropriately to the challenges that Africa is currently confronted with. The AUC is also expected to submit the reviews to the PSC for consideration. This session may thus serve as an occasion for following up on these pending requests.
To enrich the experience sharing exercise, the PSC may recall the consultation it held with the Permanent Representative Committee (PRC) subcommittee on human rights, democracy and governance (HRDG) at its 1095th session on 1 August 2022. It can further reiterate the points highlighted during the session around enhancing partnership on election observation missions, the promotion of democracy on the continent and the provision of technical support to countries emerging from violent conflicts. In this regard, it is also expected that the AGP Chairperson will highlight ways of enhancing synergy with the PSC around conflict prevention through the promotion and sustenance of democracy, governance, and human rights in the continent.
Another key area that is expected to receive attention in tomorrow’s meeting is on exploring ways and means on how the PSC can support the implementation of recommendations made by members of the AGP at the national level and how the PSC can support the efforts of ratification and operationalization of AU Shared Values instruments. A number of decisions are formulated by the various members of the AGP. The session can further reflect on ways to further advance the development of a joint mechanism to follow on implementation of recommendations made by members of the AGP. Particularly, in support of the Platform members with human rights mandate, it would be of interest for tomorrow’s session to reflect on concrete steps towards strengthening human rights compliance framework to also ensure member states fulfill their responsibilities in implementing decisions of the various human rights treaty bodies.
As indicated in the concept note the experience sharing session will also take place in the presence of the two African vice chairpersons of the UN Human Rights Council. It is expected that their contribution will highlight areas of synergy with AGP including the PSC. Their intervention may afford participants to reflect on ways of engaging institutions and actors beyond the ones in the AU policy space and to have a deeper understanding of the experiences of other institutions that operate in a global policy environment.
The outcome of the session remains unknown. It is however expected that the PSC would welcome the work undertaken by the AGP. It may commend the work of the AGP and its members. It may highlight the importance of using the AGP as a useful forum for engaging in deeper reflections on selected issues, such as the dedicated reflection forum that the PSC held in March 2021 on unconstitutional changes of government. The PSC may express its commitment to support the growth of the partnership through joint programs and initiatives that aim at advancing democratic values and the respect and promotion of human rights. Council may further reiterate the importance of collective efforts in advancing these values to also strengthen early response and conflict prevention mechanisms. The PSC may underline the important role of AGP in enhancing synergy between AGA and APSA. It may also underscore the importance of the institutionalized engagement it has established with individual members of the AGP and call on the AGP to facilitate follow up of the outcome of those engagements.
Joint Engagement Between the PSC and the PRC Subcommittee on Human Rights, Democracy and Governance (HRDG)
Joint Engagement Between the PSC and the PRC Subcommittee on Human Rights, Democracy and Governance (HRDG)
Date | 1 August 2022
Tomorrow (1 August) the African Union (AU) Peace and Security Council (PSC) will convene its 1095th session to hold a joint engagement session with the Permanent Representative Committee (PRC) subcommittee on human rights, democracy and governance (HRDG).
During the opening segment of the session Jainaba Jagne, Permanent Representative of The Gambia and PSC Chair for the month of August, the PRC subcommittee on HRDG and Bankole Adeoye Commissioner for Political Affairs, Peace and Security are expected to deliver statements. Following the opening remarks, three presentations are expected to be delivered. The first is by the PRC subcommittee on HRDG which will introduce the mandate and work of the subcommittee. The second presentation will be delivered by the PSC Chair and will provide an overview of the monthly program of the PSC. The third presentation will look into the possible areas of cooperation and engagement between the PSC and the subcommittee.
The session is proposed by the chair of the PRC Sub-committee on HRDG, Taonga Mushayavanhu Permanent Representative of Zimbabwe. The relevant background information of the session was prepared by the secretariat of the subcommittee.
The joint engagement and interaction session between the two bodies will be taking place for the first time. Tomorrow’s session will present the PSC the opportunity to interact with the subcommittee that engages the wider organs working on human rights, governance and democracy. The PRC subcommittee, which was operationalized in October 2019 has been mandated to promote AU shared values on human rights, democracy and governance. The subcommittee has a wide range of functions including receiving briefings from the AGA Platform members comprising the PSC itself, AU Commission, African Commission on Human and Peoples’ Rights (ACHPR), African Court on Human and Peoples Rights, Pan African Parliament, African Peer Review Mechanism (APRM), AU Advisory Board Against Corruption, Economic, Social and Cultural Council, African Committee of Experts on the Right and Welfare of the Child, AU Commission on International Law, AU Development Agency- New Partnership for Africa’s Development and all the Regional Economic Communities. The sub-committee also engages in the formulation of policies, drafting of decisions on all matters related to human rights, democracy and good governance.
An important aspect of tomorrow’s deliberation may also be on the synergy between APSA and AGA. The complementarity between the two structures may also be enhanced in relation to preventing conflicts through the promotion and consolidation of democracy, governance, and human rights in the continent. Through information sharing and joint analysis the organs can further strengthen not only early warning but also mobilizing political consensus around early action. The PSC as a key pillar of the African Peace and Security Architecture and as a member of the African Governance Platform has a strategic role in strengthening this complementarity. The aim of synergy is to also avoid duplication of efforts while ensuring complementarity among the various actors.
One of the main objectives of the session, as highlighted in the concept note, is to identify joint programs and initiatives that can be conducted by the two bodies. This may take the form of strengthening joint areas of intervention through promotional visits to popularize the African Charter on Democracy, Elections and Governance (ACDEG) as a tool to advance good governance and prevent conflict. Indeed, there is a wide convergence between the PSC protocol and the ACDEG particularly around deterrence of unconstitutional changes of government. The concerted effort and collaboration between the two bodies is also important given the recent spike in military coups and erosion of democratic rule in the continent. The session is timely given the momentum generated towards strengthening response mechanism and application of norms vis a vis unconstitutional change of government. It is also important to note that military coups are increasingly occurring in certain security situations or in countries and regions that are already experiencing insecurities. Hence this reality and developments on the ground make the policy coherence and synergy between the two bodies particularly strategic and fundamental.
Another area of engagement that can further consolidate the close coordination between the two is in election processes. PSC has as its standing agenda the monitoring of elections in Africa through periodic reports. This converges with the mandate of the subcommittee in promoting the ACDEG. There is a great role that can be played in accompanying conflict affected countries and countries that are experiencing complex transitions which the PSC is currently seized with and are integrated in its agenda. Supporting electoral processes in such sensitive conditions would require the joint engagement of these bodies to ensure that conditions for the holding of credible elections are created and electoral violence and instability are prevented, managed and resolved.
The outcome of the session remains unknown. Yet, it is expected that the PSC would welcome the operationalization of the PRC subcommittee and may commend the work it has done over the years. It may highlight the importance of the engagement to consolidate efforts around early warning, preventive diplomacy, deepening democratic values and the respect and promotion of human rights. To this end the outcome document may also stipulate arrangements for sharing of information and for establishing a more robust and institutionalized engagement. The PSC may emphasize that democracy, human rights and governance constitute the foundation and are prerequisites for a peaceful continent. In this context, the PSC may call on the AUC to support the coordination between the two organs as well as their secretariats.
Annual consultative meeting between the PSC and ACHPR
PSC meetings with AU Organs
Date | 10 August, 2021
Tomorrow (10 August) the African Union (AU) Peace and Security Council (PSC) is scheduled to hold its annual consultative meeting with the African Commission on Human and Peoples’ Rights (ACHPR) (Banjul Commission). The session will be the third consultative meeting between the PSC and the ACHPR since the inaugural meeting convened in August 2019. The session is envisioned to be held via video teleconference.
Following the opening remark of the PSC Chairperson for August, Cameroon’s Permanent Representative to the AU, Churchill Ewumbue-Monono, the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, is expected to deliver a remark. It is expected that the Chairperson of the ACHPR and the Focal Point of the ACHPR on Human Rights in Conflict Situations will deliver a presentation.
The consultative meeting is established within the framework of Article 19 of the PSC Protocol. The inaugural consultative meeting held during the 866th session of the PSC articulated the modalities and tools for the operationalization of Article 19 of the PSC Protocol. The second consultative meeting was held in October 2020 during PSC’s 953rd meeting taking the outcome of the first consultative meeting forward. The consultative meeting presents an opportunity for taking stock of the follow up to the outcomes of the two previous consultative meetings.
Tomorrow’s session coming at the time of the merger of Political Affairs and Peace and Security under PAPS can serve as an occasion for achieving the ambition set in the 953rd session of the PSC, namely the mainstreaming of human rights into all aspects of the conflict prevention, management, resolutions and post-conflict reconstruction. More specifically the PSC may recall its previous request to the AUC and ACHPR secretariat to develop a ‘modality for the establishment of a coordinated early warning mechanism on human rights related issues’ in Africa between the two bodies.
The consultation is also expected to provide an update on human rights in conflict situations and the work undertaken by the ACHPR since the last consultative meeting in 2020. The presentation may highlight major trends in the protection of human rights in conflict situations. In this context, a resolution that may be of interest to the PSC is the Commission’s 467th resolution on the needs for ‘Silencing the Guns in Africa based on human and peoples’ rights’ adopted at its 67th session. With regards to the resolution the Commission may further highlight its request to the PSC on the development of ‘a comprehensive continental legal and institutional framework…to address the scourge of illicit arms and weapons in Africa’. The resolution further requested the ACHPR focal point on human rights in conflict situations to support relevant AU bodies in developing such instrument. Hence the ACHPR representative may provide an update on this activity. The session offers an opportunity for Council members to reflect on mechanisms to initiate the process and seek advice from the focal point as well.
With regards to illicit arms, the PSC may make reference to its 860th session and the study endorsed during the session, which presented a continental mapping on illicit arms flows. The study may be an input to the proposed legal and institutional instrument on curbing the flow of illicit arms and weapons. The legal instrument may complement existing policies and guidelines in providing effective measures to prevent illicit flow and the diversion of stockpile to unauthorized non-state actors.
The ACHPR representative may also highlight resolutions on human right violations in specific emerging conflict situations released by the Commission during its 67th and 68th ordinary sessions as well as 32nd extraordinary session, which may be of particular interest to the members of the Council.
The other aspect of the update may also include the impact of the COVID19 pandemic on the protection of human rights. Similarly, the adverse socio-economic impact of COVID19 has exacerbated vulnerabilities and widened disparities within societies as well as globally. Hence beyond managing the public health threat it will also be important to address such inequalities so as they do not pose threats to security and stability. Moreover, efforts should be accompanied by ensuring equitable access of vaccines by African countries with a particular focus on the inclusion and protection of vulnerable groups.
It would be of interest to members of the PSC to receive an update on the implementation of AU Transitional Justice Policy adopted in February 2019. The briefing from the department of PAPS may address this particular process. Given that the consultative meeting is the first one after the official launch of the PAPS department, it offers an opportunity to also highlight the synergy between APSA and AGA in protecting and promoting human rights in conflict situations. The institutional harmonization that brings more coordination between the two architectures will be an added value in providing a comprehensive briefing on transitional justice in conflict and post-conflict situations.
One major issue worth addressing during tomorrow’s session is the effective and practical operationalization of the modalities of close working relationship articulated in the communiqués of the 866th and 953rd sessions of the PSC. This requires engagements in between the annual consultative meetings including finding ways of using the input of the ACHPR for addressing the human rights dimensions of the situations on the agenda of the PSC and of integrating human rights in the peace and security work of the AU generally.
The expected outcome of the session is a communiqué. It is expected that the PSC would welcome the human rights update from the ACHPR and the continued cooperation with the Commission through the annual consultative meeting within the framework of Article 19. Beyond this the PSC may further call for the modalities to operationalize Article 19 to be put in place including more regular exchanges between the two organs around early warning, the establishment of a thematic agenda on human rights and peace and security as well as undertaking joint field visits. The PSC may also welcome resolution 467 and the Commission’s decision to develop a general comment on Article 23 of the African Charter on Human and Peoples’ Rights to advance the right to peace and security. The PSC may call on the focal point on human rights in conflict situations to brief the Council on the development of the general comment. The PSC may also welcome the Commission’s request for the development of a legal and institutional framework to illicit arms and weapons. It may reiterate its previous call to the AUC to include human rights standards and principles in its conflict prevention, management and post-conflict reconstruction programs. It may urge Member States to strengthen their support to the Commission in delivering on its mandate. It may also express its wish for the subsequent consultative meeting.
Briefing by the African Peer Review Mechanism (APRM)
PSC meetings with AU Organs
Date | 05 November, 2020
Tomorrow (5 November), the African Union (AU) Peace and Security Council (PSC) is expected to receive a virtual briefing by the African Peer Review Mechanism (APRM). The Chairperson of the APR Panel of Eminent Persons, Fatma Zohra Karadja is expected to deliver the briefing. The briefing is expected to focus on the country review report of Mozambique. The representative of Mozambique may also make a statement.
The APRM has briefed the PSC for the first time on 19 December 2018 at the 819th PSC session. The second briefing by APRM was conducted on 5 March 2020 during PSC’s 914th session. Tomorrow’s briefing is taking place in line with PSC’s 914th session that decided to institutionalize the Council’s engagement with APRM by receiving briefings from the latter twice a year. It further requested the Commission, to organise a joint retreat to thoroughly review the various country reports undertaken in the past two years including the report of Mozambique. Hence tomorrow’s briefing will present the key findings of the country review of Mozambique. The country review report was peer reviewed by the APR Forum of Heads of State in February 2019 and the government of Mozambique has launched the Report in May 2020.
The country report which is anchored in the National Program of Action (NPOA) will shed light on the progress made on all the four pillars including: Democracy and Political Governance; Economic Governance and Management; Corporate Governance; and Socioeconomic Development. It would be of particular interest for PSC members to examine the developments under the first pillar on democracy and political governance. In this regard the report is expected to present the developments around normative frameworks that are aimed at expanding the political space.
On the other hand, despite such progress it may also touch upon the growing dissatisfaction in the Northern part of the country as well as the concerning trend of terrorism in the coastal province of Capo Delgado. It is to be recalled that the 929th session of the PSC, which welcomed ‘the outcomes of the Troika Summit of the Southern African Development Community (SADC) Organ on Politics, Defense and Security Cooperation held situation in Mozambique, which are aimed at finding a in 19 May, 2020 in Harare, Zimbabwe, on the security lasting solution to the scourge of terrorism and violent extremism’, affirmed the readiness of the PSC to support SADC in its efforts to combat terrorism in the region’. Tomorrow’s session also presents an opportunity for the PSC to follow up on this and explore how best the AU can contribute to address the situation in Cabo Delgado, which has led to loss of lives, displacement and destruction.
Another key issues that is expected to be included in the briefing is the political development that transpired in the previous year and the work undertaken around national dialogue and the peace agreement between the Mozambican government and former rebel group RENAMO for which the AUC Chair was one of the guarantors of the agreement. This process was shortly followed by the national election. These developments and their implications in sustaining peace in Mozambique are key elements, which may be of interest for PSC members.
The policy measures and efforts under the other pillars including alleviation of poverty and reduction of inequality are also essential components to further consolidate the political cohesion in the country. In this respect, one area of policy interest for the PSC, which is linked to instability and conflict, is natural resource governance. Due to issues relating to weak financial management of revenues from extraction of resources, here are concerns that Mozambique faces the risk of the phenomenon of resource curse. It is also worth noting that there is vast proven gas reserves in the Rovuma basin off shore the Cabo Delgado province, the region affected by the operation of terrorist groups.
Policies and measures designed for social protection of certain groups including children, women and internally displaced persons are also expected to feature in the briefing. In addition to the four thematic areas, the country review further identifies crosscutting issues, which require particular attention including corruption, youth employment, environment and climate change. It is to be recalled that when cyclone Idie hit the east and south eastern cost of Africa, Mozambique was one of the countries that was hit hard by the destruction that the cyclone caused.
The report is also expected to provide insights on the process of the review including the consultations that were held during the visit of APRM’s Country Review Mission in the country 10 to 26 November 2018. A range of consultations was held with various groups including government representatives, CSOs, the President and the leaders of the two major political parties FRELIMO and RENAMO.
The second aspect of tomorrow’s briefing is expected to focus on the APRM’s ongoing initiatives being undertaken to respond to the global pandemic of Covid-19, in partnership with the AUC including the Africa Centre for Disease Control and Prevention (Africa CDC). In this regard the briefing may discuss the recently launched Preliminary Report on Africa’s Governance Response to COVID-19. The report captures the continent’s early response and policies that have been adopted to fight the pandemic. The report also includes an assessment of the legal and institutional capacities of member states in disease prevention and containment measures including in relation to vaccine research and development as well as the ability to prepare and manage disasters. The report further presents recommendations targeted at member states and the AU. Particularly for member states it underlines the need for the protection of human rights while responding to the pandemic.
Indeed, since the last APRM briefing, the continent has witnessed significant governance issues connected with measures adopted in response to the outbreak of COVID-19 pandemic. Tomorrow’s briefing may therefore shade some light on the COVID-19 related socio-economic and political crisis encountered by member states, particularly in relation with elections and protection of human rights, and elaborate opportunities within the framework of APSA-APRM collaboration, for resolving such challenges before they escalate into conflict or crisis situations.
In light of the compounded impact of political instability, economic crises, natural disasters and pandemics experienced in some parts of the continent region, tomorrow’s briefing may also set the stage for further reflection on the proper utilisation of AU institutions like the APRM and the African Commission on Human and Peoples’ Rights (ACHPR) as well as appropriate pillars of APSA, in collaboration with modalities set up by relevant RECs/RMs to carry out early response to avert the impending crisis.
The expected outcome of tomorrow’s deliberation is a communiqué. The PSC may commend Mozambique for preparing the country progress report and for the efforts it has demonstrated in the various thematic areas. The PSC may call on building on the gains made in enhancing peace in the Mozambique and may in this respect underscore the imperative for collective action of Mozambique, SADC and the AU to address the threat of and actual presence of terrorist groups in Cabo Delgado. The PSC may also underscore the importance of strengthening the legal, financial and regulatory framework for natural resource governance in Mozambique to avoid risk of the [phenomenon of resource curse] in the country. It may also commend the APRM for its work and support to Mozambique as well as its work around COVID19 including the recently launched report. It may take note of the preliminary actions being taken by the APRM in order to support the efforts of the AU to strengthen the various governance systems to effectively respond to Covid-19 pandemic and promote experience sharing. The PSC may call on member states that have joined the APRM and encourage them to enhance the quality and regularity of their reviews. Council may also encourage member states that have not yet acceded the APRM, to do so. The PSC may further express its wish to receive similar country review reports in the future.
Consultative meeting between the PSC and the African Commission on Human and Peoples’ Rights
PSC meetings with AU Organs
Date | 08 October 2020
Tomorrow (8 October) the African Union (AU) Peace and Security Council (PSC) will hold a session involving a consultative meeting with the African Commission on Human and Peoples’ Rights (Human and Peoples’ Rights (Banjul) Commission). The session is envisaged to be held via video teleconference.
It is expected that, the Human and Peoples’ Rights Commission’s Focal Person on Human Rights in Conflict Situations is expected to deliver a briefing on human rights and peace and security and the follow up to the communique of the 866th session of the PSC.
This session is convened within the framework of Article 19 of the PSC. It is to be recalled that the PSC held the first such session at its 866th meeting held on 8 August 2019. One of the major outcomes of that session, stipulated in the communiqué of the session, is the decision to convene the consultative session with the Human and Peoples’ Rights Commission on annual basis. Tomorrow’s session thus constitutes a follow up to this decision. This consultative meeting also represents an important avenue for enhancing synergy between the governance work of the AU and the African Peace and Security Architecture.
There are at least three legal bases for the convening of this session. The first of this relates to the mandate that the PSC has been explicitly assigned under the PSC Protocol for upholding human and peoples’ rights as part of its conflict prevention, management, resolution and post-conflict reconstruction mandate. It is envisaged that this is to be done in accordance with the 1981 African Charter on Human and Peoples’ Rights, the founding treaty of the African human rights system that has near universal ratification by AU member states.
The second foundation for the convening of this session is the overlap in the mandate of the PSC and that of the African (Banjul) Commission. Given that the African (Banjul) Commission is the body with the expertise for the interpretation and application of the human and peoples’ rights of the African Charter, it is best placed to provide the requisite technical analysis to enable the PSC in the implementation of the human rights dimension of its mandate including its role relating to Article 4(h) of the Constitutive Act. It is worth noting in this regard that the African (Banjul) Commission has also established a thematic focus on human rights in conflict situations under its Resolution 332.
Finally, and crucially, tomorrow’s session is convened within the framework of Article 19 of the PSC Protocol. This article provides for the establishment of close working relationship between the PSC and the African (Banjul) Commission.
Apart from establishing the modalities for operationalizing the human rights dimension of the mandate of the PSC by deciding to convene the consultative meeting on an annual basis and establishing human rights and peace and security as a standing thematic agenda of the PSC, the communiqué of the 866th session of the PSC also provided for the mechanisms for maintaining close working relationship with the Human and Peoples’ Rights Commission. These mechanisms include information sharing including through an established arrangement for incorporating relevant work of the African (Banjul) Commission into the Continental Early Warning system (CEWS); provision of briefings to the PSC in between the annual sessions on the human rights dimension of conflict situations on the agenda of the PSC or on themes of interest for the PSC; and regular interaction between the PSC Chairperson and Human and Peoples’ Rights Commission through its Chairperson or the Focal Person on Human Rights in Conflict Situations.
In the briefing, the Focal Person of the Commission is expected to provide update on follow up to the outcome of the inaugural consultative session and on human rights in conflict or major crisis situations. In respect of the follow up to the 866th session, there two areas expected to receive attention. The first of this is the operationalization of the specific elements of the 866th session communique. In this respect, issues to be highlighted include the importance of a dedicated arrangement that facilitates the engagement of the African Commission and the operationalization of the measures envisaged in the 866th session of the PSC. The other is the update on the work of the Human and Peoples’ Rights Commission with a bearing on peace and security that may receive particular attention. These include the Commission’s Guideline on protecting human rights while countering terrorism, transitional justice study under its Resolution 235 and the study on human rights in conflict situations under its Resolution 332.
In the context of the AU theme of the year, one work worth noting is the Human and Peoples’ Rights Commission’s study on ‘Addressing Human Rights in Conflict Situations’, which was launched in November 2019 and unveiled on the sidelines of the February 2020 AU Summit in a press briefing held at the AU Commission. Of particular interest for the PSC is the five-pillar approach that the Study outlined as a framework for addressing human rights issues in peace and security, which include, among others human rights monitoring and response and remedial measures for violations.
In terms of the update on human rights in conflict situations, the briefing is expected to share the work of the Human and Peoples’ Rights Commission as reflected in its resolutions and statements. Other issues that may feature during this session include human rights, the COVID19 pandemic and peace and security and the importance of human rights for silencing the guns. With respect to COVID19, it is expected that the Human and Peoples’ Rights Commission will highlight its resolution 449 on human rights and COVID19 adopted at its 66th session.
The expected outcome of the session is a communique. It is expected that the PSC would welcome the work of the Commission and the opportunity for the operationalization of Article 19 of the PSC Protocol and the modalities established under the 866th session of the PSC. In this respect, one major expected outcome is welcoming the work of the Commission on human rights and peace and security, particularly its study and expression of support for the role of the Human and Peoples’ Rights Focal Person and the need for enhancing the role of and collaboration with the Focal Person. The PSC may welcome the update on human rights in conflict situations and request that the Human and Peoples’ Rights Commission works closely with the countries concerned and provides it with more comprehensive briefing on the same. The PSC may also welcome the work of the Commission with respect to protecting human rights in the context of the COVID19 pandemic and call on states and the AU to apply the guidelines outlined in Resolution 449 on ‘Human and Peoples’ Rights as central pillar for a successful response to COVID19 and its socio-political impacts’.
Briefing by the African Peer Review Mechanism (APRM)
PSC meetings with AU Organs
Date | 5 March, 2020
Tomorrow (5 March) the African Union (AU) Peace and Security Council (PSC) is expected to receive a briefing from the African Peer Review Mechanism (APRM) on the reports of peer reviewed member states. The Chairperson of the African Peer Review Panel of Eminent Persons Ibrahim Gambari is expected to make a presentation.
The APRM has briefed the PSC for the first time on 19 December 2018 at the 819th PSC session. The PSC recognized ‘the importance of the APRM as one of the most effective mechanisms for promoting conflict prevention, as it contributes in addressing some of the structural root causes of conflicts’. Hence tomorrow’s briefing is expected to look into the role of APRM in early warning and on how in partnership with other African Peace and Security Architecture (APSA) components it may contribute to conflict prevention efforts.
The Continental Early Warning System (CEWS) and the Panel of the Wise (PoW) are the two key components in the APSA that have the central mandate to avert conflicts and crises, escalation of tensions and relapses to conflict. Both CEWS and PoW report to the PSC and particularly CEWS has the responsibility of providing regular horizon scanning briefings on peace and security trends and imminent threats across the continent. Moreover, Peace and Security Department (Conflict Early Warning and Prevention Division) has developed Continental Structural Conflict Prevention Framework (CSCPF).
Towards operationalizing this framework, the Department has also developed the country structural vulnerability assessment (CSVA) and structural vulnerability mitigation strategy (SVMS). These existing instruments are also expected to serve as complementary mechanisms to APRM’s work in ensuring that the PSC adopts a more preemptive approach than a reactive conflict response.
In addition to the APSA elements, the PSC briefings by the Department of Political Affairs (DPA) on election form another layer of conflict prevention mechanism particularly in relation to mitigating contested electoral processes and post-electoral violence. Hence, in the briefing the APRM may also highlight the extent to which harmonization can be created among the relevant actors both within the AUC and policy organs to provide regular briefing and reporting to the PSC.
Gambari’s presentation may also cover the outcome of the recently concluded workshop on ‘Positioning the APRM as an early Warning Tool For Conflict Prevention’. The meeting was held within the context of the AU 2020 theme, Silencing the Guns and anchored in the Assembly decision Assembly/AU/Dec.686(XXX) which welcomed the harmony and synergy between the APRM, the APSA, and the African Governance Architecture (AGA). One of the key outputs of the workshop, which will be presented by the APRM representative, is the APRM Framework on Early Warning and Conflict Prevention.
In addition to the coordination with APSA and AGA, the presentation may also cover the ways in which the APRM coordinates with the Regional Economic Communities (RECs) and Regional Mechanisms (RMs). Given the increasing centrality of RECs/RMs in the AU policy space and more particularly with the PSC, there is a need to also include RECs engagement in the wider conflict prevention roadmap. The PSC may recall its previous session with RECs, which has agreed to develop ‘modalities for undertaking early responses to looming crisis and expediting action to resolve/mitigate blown out crises/conflicts’. In this respect the coordination both at the PSC level but also at the decision making organ at the RECs level may provide a comprehensive and multi-layered approach.
The APRM Framework on Early Warning and Conflict Prevention is expected to serve as an overarching instrument to map the relevant actors that will work closely with the APRM and to solidify harmonization among them.
The second issue that may be considered tomorrow is around seeking clarity on the notion of popular uprising and on modalities of responses. In 2019 the PSC at its 871st held a brainstorming session on the concept of popular uprising. The PSC indicated the lack of an agreed upon definition of ‘popular uprising’ as well as the absence of an AU normative framework that articulates the concept. Nonetheless, popular uprising has increasingly shaped political transition and democratization in many African countries. Hence, recognizing the importance of the phenomenon and in order to address the conceptual and normative gap the Council has tasked the Commission in collaboration with the APRM to prepare and submit a draft AU framework on popular uprising.
When developing a conceptual framework it is important to also address issues related to legitimacy. Previous initiatives such as the AU High-level Panel on Egypt in June 2014 has made recommendations on what kind of conditions make popular uprisings compatible with existing AU norms. Building on such recommendations and through the technical expertise of DPA and the legal counsel the framework can be formulated and presented to the PSC. The APRM on its part may present key elements that need to be included in the draft AU framework. It may identify a number of measures to address structural causes leading to popular uprising as well as actions for effective response when such developments take place.
The presentation is also expected to highlight the various activities undertaken by the mechanism including the reviews of member states. In this regard it may stress the importance of not only increasing number of participating member states in the APRM but also expanding reviews of members and increasing the regularity of reviews.
The outcome of the recently concluded 29th Summit of the African Peer Review Forum of Heads of State and Government, which was held at the margins of the AU Summit, may also feature.
The expected outcome is a communiqué. The PSC may decide to institutionalize its engagement with the APRM through regular briefings. It may welcome the efforts towards strengthening APRM’s role as a conflict prevention tool and it may stress the need for harmonization with the relevant APSA and AGA components to ensure a more effective and coordinated conflict prevention approach. It may welcome the presentation on popular uprising and may call for the finalization of the draft framework to be considered and adopted. It may call for member states that have not acceded to the APRM to do so and complete their regular reviews.
Interaction between the Peace and Security Council and the African Union Commission
PSC meetings with AU Organs
Date | 16 September, 2019
Tomorrow (16 September) the African Union (AU) Peace and Security Council (PSC) is expected to hold an interaction with the AU Commission at 3pm. The Chairperson of the AU Commission, Commissioner for Peace and Security, the Commissioner for Political Affairs and the Commissioner for Rural Economy and Agriculture are expected to participate in the interactive discussion.
The various departments of the Commission have reported and briefed the Council in their respective areas of expertise. Tomorrow’s session aims at assessing the current methods of engagement and based on that to identify ways of enhancing and systematizing the relationship to ensure a more coordinated and regular collaboration between the PSC and AUC.
The issues expected to be discussed during tomorrow’s session include the level of effective execution by the AUC of its roles vis‐à‐vis the peace and security agenda of the AU and review of existing methods of interaction between the PSC and the AUC. In discussing these different issues, consideration is given to the various roles of the AUC.
The AUC as the secretariat of the Union has the responsibility of providing operational support to the PSC. In this respect, the roles of the AUC include preparing reports, briefing notes, other working documents of the PSC and keeping summary records of the meetings of the PSC, to enable the PSC and its subsidiary bodies to perform their functions effectively. Similarly, the PSC protocol recognizes the wide range of roles and responsibilities of the AUC under the leadership of the AUC Chairperson in terms of conflict prevention, agenda setting, and following up on the implementation of the PSC decisions.
In line with the roles and responsibilities identified in article 7 and 10 of the PSC protocol, it would be of interest for the PSC to hear the Chairperson in providing an assessment on how the Commission has discharged its responsibilities in these set standards and in providing operational support for the PSC’s mandate. Consideration is also to be had on strengthening the level and quality as well as predictability of interaction in all phases of conflict from prevention, management and post‐conflict reconstruction as appropriate through the AUC Chairperson, Commissioners, the AUC Departments or the special envoys or representatives of the AUC Chairperson.
Another area for discussion during tomorrow’s session is the role of the various departments of the AUC. In its retreat held in Swakopmund in 2015 the PSC highlighted the need to work closely with a number of actors in order to maintain peace and security in line African Peace and Security Architecture. Towards enhancing conflict prevention, the PSC stressed the need for the department of Political Affairs to ‘attend all PSC meetings and provide regular briefings including those focusing on early warning aspects to the PSC’. Similarly, the Council called on the AUC to ‘intensify its efforts in the area of PCRD, including submission of a report as decided by the Council, on the status of the AU PCRD architecture’. The Council has also tasked the Commission to regularly report on the operationalization of both African Peace and Security Architecture (APSA) and African Governance Architecture (AGA).
Given the complementarity of the Departments of Peace and Security (PSD) and Political Affairs (DPA) and the decision within the framework of the reform of the AU to merge the two departments in 2021, tomorrow’s session is also expected to discuss the measures being taken towards smooth process of consolidating the two departments and managing the PSC’s interaction with both departments. The two departments may provide an update on the plans for the merger of the two departments and where the merger process stands.
Tomorrow’s session may also delve into addressing technical and operational issues. Although the various departments provide reports and briefing upon the request of the PSC, the interaction may also be critical in ensuring that the engagements are not ad‐hoc or reactive. In this regard, an issue for discussion is reviewing the working arrangements in terms of the relationship between the PSC and the AUC. These include the role of the AUC in terms of the drafting of the outcome documents of the PSC, in following up with the decisions of the PSC including timely delivery of briefings requested to be delivered within a set time frame, provision of updates on PSC decisions and the predictability in the timely submissions of the reports of the AUC Chairperson. Also significant is the availability of an effectively functioning process for sharing early warning analysis with the PSC and provision of updates on outcomes of PSC sessions requiring follow up.
In this context the PSC and the Commission may wish to agree on preparing calendar of activities on delivery of time specific briefings, updates on previous decisions and on submission of reports of the AUC Chairperson that could feature in the monthly work plan in addition to the other agenda items proposed by the rotating chairs. This will also be a critical step in ensuring the continuity of proper follow up of decisions and to prevent interruption when monthly chairs rotate. This exercise may enable the monthly chairs of the PSC to build on decisions and deliberation from previous month and contribute to their implementation and predictable working practice of the PSC.
The interaction will also offer the Council to map the in‐house capacity in the Commission and ways to adequately make use of the expertise and knowledge of staff in the Commission to ensure informed decision‐making process. This will also essential in addressing siloes and foster inter‐departmental coordination, information sharing and complementarity. It will also enable the PSC and Commission to utilize existing capacity and resources.
In addition to the responsibilities of the departments, the role of AU offices located in various African member states may also be discussed. The PSC may also stress the critical role of its Secretariat. The PSC Secretariat has a wide role in not only following up on the decisions of the Council but also in arranging the meetings of the PSC, preparing the working documents, and keeping records of PSC meetings. By tapping into the vast expertise in the Commission and various offices of the AU, the Secretariat also helps in enabling the PSC to receive the technical inputs that boost the decision‐making process. The Secretariat is in key position in bridging the information sharing and coordination mechanism between the Council with departments in the Commission including those participating in tomorrow’s session.
In this regard and recognizing the expanding role and responsibilities of its Secretariat, the PSC may wish to propose ways of enhancing its capacity. The secretariat has been coordinating the activities of the Council and the operationalization of the ambitious mandate of the Council with limited capacity.
The expected outcome is a communiqué. The PSC may commend the Commission for its efforts in supporting the mandate of the Council. It may call on the Commission to support continuous collaboration through reporting and regular briefing by departments. It may identify calendar of activities that will ensure predictable interaction, bring continuity in the work of the PSC and foster cooperative and more institutionalized interaction with the Commission. It may also highlight on the need to enhance the capacity of its secretariat. In the light of the impending merger of the PSD and DPA, the PSC could request the AUC to present to it a report on the plan and timelines for the merger. It is also expected to decide on having a regular interactive session with the Commission to follow up on tomorrow’s session and institutionalize the assessment of the working relationship between the two.