Ministerial session on financing of AU led peace support operations

Date | 22 September 2023

Tomorrow (23 September), the African Union (AU) Peace and Security Council (PSC) will convene its 1175^th meeting at a ministerial level to deliberate on financing of AU Peace Support Operations (PSOs). The meeting will be held in the margins of the 78^th session of the United Nations (UN) General Assembly in New York, USA.

Cameroon’s Minister for Foreign Affairs, Lejeune Mbella Mbella, chairperson of the PSC for the month of September, is expected to open the session. Moussa Faki Mahamat, the AU Commission Chairperson, will make a statement. Donald Kaberuka, the AU High-Representative for the Peace Find and Financing of the AU, is also expected to address the session. On the part of the UN, it is envisaged that Jean-pierre Lacroix, UN Under-Secretary-General for Peace Operations, and Rosemary A. DiCarlo, UN Under-Secretary-General for Political and Peacebuilding Affairs, will make statement as well. The representatives of the African Members in the UN Security Council (A3), namely Gabon, Ghana, and Mozambique and the incoming two African members of the UN Security Council, Algeria and Sierra Leone, will also be present for this ministerial session.

The last time that the PSC met to discuss the issue of financing AU PSOs was on 12 May of this year during its 1153^rd session, which was held at the ministerial level. In that session, the PSC authorized the A3 to ‘resume consultations with the relevant stakeholders towards the adoption of a UNSC resolution on financing AU-led PSOs.’ This set the negotiation process towards the adoption of UNSC resolution in motion, a process that was put on hold after the request of the PSC in September 2019 to suspend the negotiation over the draft resolution put forward by South Africa. (For more details see Amani Africa’s 10 May 2023 Special Research Report).

From our consultations, Ghana – who is spearheading the agenda of adopting a framework resolution on financing AU PSOs – has developed a draft resolution to start the negotiation process in the UNSC. It is anticipated that the draft resolution may be circulated sometime in October with the hope to table the resolution for voting in December during Ecuador’s Presidency. Tomorrow’s session thus offers an opportunity for the PSC to provide substantive and concrete guidance on how to proceed with the negotiation particularly on the remaining delicate issues in the coming months.

The renewed interest in and the window of opportunity towards the adoption of the long pending resolution is a result of various developments both at the level of the AU and the UN as well as changes in the peace and security dynamics and the dynamics in the UNSC. The AU Commission prepared what it called ‘African consensus paper on predictable, adequate, and sustainable financing for African Union peace and security activities’, which the AU Assembly considered and adopted in February 2023 at its 36^th ordinary session. This Consensus Paper not only presented the advances that the AU made in strengthening its various institutional, normative and regulatory processes but it also clarified AU’s position on burden sharing.

On the part of the UN, following the presidential statement of August 2022 under Chinese presidency of the UNSC which requested UN Secretary-General to provide the Security Council, by 30 April 2023, a report on progress made by the UN and the AU to fulfil the commitments set out in resolutions 2320 and 2378, and recommendations to secure predictable, sustainable and flexible resources, the Secretary-General released the report on 1 May and presented to the UNSC during its 25 May 2023 session. The dynamics within the UNSC today is more favorable for the adoption of a resolution on financing than it was before as the statements delivered by UNSC members during the 25 May briefing clearly attest. Considering that a major factor for the collapse of the process for the adoption of a resolution in December 2018 was a US threat to veto the resolution, a notable positive development is US’s statement expressing more positive and supportive stance towards the adoption of the resolution.

Further to that, while the nature of the peace and security context increasingly demands the use of instruments that go beyond those applicable to UN peacekeeping and hence putting UN peace operations on the continent under increasing pressure, there is no appetite in the UN for deploying UN peacekeeping. Additionally, the recent geopolitical shifts that increasingly acknowledge Africa as a key global actor can find meaningful institutional expression through, among others, the decision to use UN assessed contribution for AU PSOs.

In the context of the last attempt for the adoption of a UNSC resolution during 2018/2019 and following the suspension of the process in September 2019, the issues requiring further engagement have been identified. Broadly speaking, four issues emerged as requiring further engagement between the AU and the UN to pave the way for the adoption of a UNSC resolution: the question of burden-sharing, compliance frameworks for human rights and international humanitarian law, fiduciary standards of financial arrangements and reporting, and oversight and command and control of the missions. (For more details on the history of the negotiation and the controversial issues, see Amani Africa’s 10 May 2023 Special Research Report).

Despite the favorable political dynamics within the UNSC, the negotiation over the draft resolution will not be easy. The 25 May 2023 UNSC briefing reveals that support on the part of UNSC members including some of the P5 remains uneven. In that regard, it is worth noting that the representative of the UK, during the 25 May briefing, stressed the need for the AU to ‘openly and clearly establish how it intends to share the financial burden’, and further warning that ‘any scope for misinterpretation will result in new initiatives being stalled’. Together with the issues that others like Brazil, Albania and Japan raised, further compromise and agreement may be required on some of these sticking issues.

During tomorrow’s session, it is expected that the PSC, apart from reiterating the progress made in enhancing ownership and burden sharing through the AU Peace Fund, may highlight the need for giving due recognition to the unaccounted aspects of the financial burden that AU member states bear in mobilizing and deploying troops who pay with their lives and limbs. It may further reaffirm the position of the Consensus Paper that the AU would cover the costs relating to the preparatory stages of the deployment of PSOs supported by UN assessed contributions. Considering the expectation on the part of some members of the UNSC for further commitment for financial burden sharing, the PSC may indicate in the context of the clear commitment that the AU demonstrated in recent years that instead of making unrealistic commitment for a specific percentage for all PSOs that may be funded through UN assessed contributions that further financial contribution is considered at the time of the planning and negotiation of the deployment of each PSO.

Tomorrow’s session will also serve as an opportunity for the PSC to also express its support for the financing model for accessing UN assessed contributions for AU-led PSOs as articulated both in the AU Consensus Paper and the Secretary-General’s May 2023 report. With respect to oversight and command and control, the PSC may also welcome the proposed formula in the Secretary-General’s report as the basis for formulating the provisions in the resolution while affirming the importance of the development of joint AU-UN planning guidelines.

The PSC should take lessons from the 2018/19 negotiation process to avoid the risk of another failure. First, it is imperative to ensure the cohesion of the A3 members and that they are able to speak in one voice on controversial issues throughout the negotiation process. In that regard, an interesting development is PSC’s suspension of Gabon – a member of the A3 – after the 20 August military coup. It remains to be seen whether the sanction will affect Gabon’s relations with other A3 members, as well as the PSC while engaging on the file. Second, building a broader consensus with the UNSC members is also crucial. One immediate available avenue to that end is the upcoming 17^th annual joint consultative meeting between the PSC and the UNSC, which is scheduled to take place from 5 to 6 October in Addis Ababa, Ethiopia.

The expected outcome of the session is a communiqué. PSC may commend the efforts of the A3, and request them to fast track the finalization of the draft resolution and the negotiation on the same in order to seize the current window of opportunity for the adoption of the resolution before the end of the year. The PSC may emphasize the need for a sustained engagement between the AU Commission, the PSC and the A3 throughout the negotiation process; and to that end, it may request a regular briefing from the A3 until the successful completion of the negotiation process. The PSC may affirm AU-led PSOs authorized by the UNSC and funded through UN assessed contribution as being part of the range of tools that the UN deploys for maintenance of international peace and security. The PSC may also welcome the proposals contained in the Secretary-General’s May 2023 report notably with respect to monitoring and reporting, joint and consultative decision-making. It may commend the progress made by the AU for achieving ownership and burden sharing and signal that specific financial contribution by the AU for a PSO funded by UN assessed contribution is dealt with on a case-by-case basis. It may also express the need for the UNSC to recognize the important contribution of AU PSOs for international peace and security, hence for the realization of the primary responsibility of the UNSC.

by Amani Africa

3rd Annual Consultative Meeting between the PSC and RECs/RMs Policy Organs

3^rd Annual Consultative Meeting between the PSC and RECs/RMs Policy Organs

Date | 27 August 2023

On 28-29 August, the third Annual Consultative Meeting between the African Union (AU) Peace and Security Council (PSC) and the Regional Economic Communities and Regional Mechanisms (RECs/RMs) Policy Organs will take place in Bujumbura, Burundi.

The opening segment of the session is expected to feature the opening remarks by the PSC Chairperson for August, Burundi’s Permanent Representative to the AU, Willy Nyamitwe. In addition to statement by the AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye, a keynote address by a representative of Burundi as host of the meeting is expected. The representatives of the RECs/RMs and their Policy Organs are also expected to deliver their respective statements and reflect on the current state of the relationship between the PSC and RECs/RMs and the way forward.

The consultative meeting is convened within the framework of Article 16 of the Protocol relating to the establishment of the PSC (PSC Protocol) and the various PSC retreats that highlighted the need for closer working engagement between the PSC and RECs/RMs. The meeting is also taking place in line with the decision of the PSC and RECs/RMs, during their inaugural joint consultative meeting held on 24 May 2019, to convene the consultative meeting on annual basis. As part of the effort to regularize the engagement, it is to be recalled that the second consultative meeting, which took place on 26 August 2021, further decided to ‘convene consultative meetings at least twice a year at a strategic and political level, and quarterly at a technical level, as well as to remain open to convene ad-hoc consultations to deepen collaboration and respond to emerging conflict’. However, the practice over the last four years indicates that the consultative meeting is happening only once in two years.

The close segment of the session starts with an informal meeting between the PSC/RECs/RMs and the Chairperson of the Africa First Ladies Peace Mission (AFLPM). It is to be recalled that the PSC held for the first time a session on the AFLPM at its 1154^th session. Apart from building on this first meeting of the PSC, this informal exchange also provides an opportunity for reflecting on how the AFLPM can contribute to the role of PSC/RECs/RMs including with respect to the impact of conflicts and terrorism on women and the impact of unconstitutional changes of government (UCG) on youth.

The next segment of the consultative meeting is dedicated to the most pressing current peace and security challenges focusing on the resurgence of UCG and the growing threat of terrorism in Africa. This meeting comes at a time when the PSC and RECs/RMs are facing challenges of policy coordination both in respect to UCGs and conflicts. Most recently, this challenge has been experienced vividly in the context of the 26 July 2023 military coup in Niger which became a major flashpoint on policy coordination between the Economic Community of West African States (ECOWAS) and the PSC. While the two agreed on the condemnation of the ousting of the deposed President and on the restoration of constitutional order, the different legal and institutional foundations as well as policy considerations vis-à-vis the range of measures to be taken against the coup led to difference in the policy approach to be taken for restoring constitutional order and the methods and means of achieving this objective. Similarly, gaps in coordination and lack of joint action in the context of the fighting that erupted in April 2023 in Sudan led to the emergence of separate diplomatic initiatives by the AU and Intergovernmental Authority on Development (IGAD), leading to forum shopping.

With respect to the resurgence of UCGs in Africa, one of the immediate issues of concern for AU and RECs/RMs relate to at least two issues. The first is what more and how best the AU and RECs/RMs can do to stop the spread of the occurrence of coups. The second is how to mobilize complementary and coherent policy responses by the AU and RECs/RMs. For this, it is necessary that the RECs/RMs either develop their own policy sanctioning UCGs including coups or implement the common AU norm against UCGs under the African Charter on Democracy, Elections and Governance (ACDEG) to ensure that they have the same legal and policy basis for responding to coups. Some RECs/RMs don’t have legal instruments prohibiting and sanctioning coups. Under such circumstances, it becomes difficult for the AU and such RECs/RMs to coordinate policy responses when coups happen. Thus, in relation to the coup in Sudan, while the AU rightly upheld the applicable principle against coups and invoked Article 7(1)(g) and Article 30 of the Constitutive Act of the AU to suspend Sudan, IGAD, which does not have a norm banning coups, adopted a position calling for the lifting of the suspension of Sudan before the restoration of constitutional order in Sudan.

With respect to the mobilization of coherent and complementary response to coups, the principle of subsidiarity cannot provide the framework for facilitating such coherence and complementarity. As elaborated in Amani Africa’s special research, what is needed for the AU and RECs/RMs to achieve coherence and complementarity in their response to coups is for them to have shared analysis and understanding of the situation and develop framework for consultative decision-making. Understandably, in the absence of such processes, the PSC is required by its Protocol to adopt a policy position on the basis of its own understanding of the situation vis-à-vis the applicable AU norms and policies rather than automatically follow the decision of the REC/RM.

The other agenda item relates to the application of the principles of subsidiarity and complementarity. While the only principles enshrined in the PSC Protocol on the relationship between the AU and sub-regional bodies on peace and security under Article 16 are complementarity and comparative advantage, the principle that dominates the policy discourse and practice is subsidiarity. This focus on subsidiarity and widely held misconception that subsidiarity entails exclusive leadership by RECs/RMs on peace and security or the failure of the AU to assume its role when crisis situations arise, have resulted in the emergence of skewed practices. These are practices that tend to defer to RECs/RMs full lead on responding to crisis and for PSC to play the role of accompanying RECs/RMs lead. These practices, while in part result from the failure of the AU and the PSC to timely engage and respond to emerging crises or conflicts, have the effect of stripping the PSC of the autonomous exercise of the responsibility entrusted to it and hence are not consistent with the framework set in the PSC Protocol, as the founding document of the African Peace and Security Architecture (APSA). In cases where crises or conflicts affect and are of interest for more than one REC/RM such as the terrorist attacks by Boko Haram and the conflict in Eastern DRC, the principle of subsidiarity does not provide guidance on which of the RECs/RMs can take lead and indeed how they can mobilize joint policy responses. (see Amani Africa’s special research for more analysis on the implications of misconceptions relating to the principle of subsidiarity)

Against the background of the foregoing and some of the challenges that this unsound and singular application of subsidiarity have led to over the years with deleterious consequences for cohesion between the AU and RECs/RMs, this 3^rd consultative meeting is expected to provide an opportunity for the PSC and the RECs/RMs policy organs to deliberate how to ensure that their engagement on peace and security is guided by the principles of both subsidiarity and complementarity and achieve consensus on course correction on the skewed understanding and use of subsidiarity. For this, it is to be recalled that PSC and policy organs of RECs/RMs, during the second consultative meeting, agreed to ‘commence a transparent, in-depth and dynamic dialogue with the participation of the Member States, the Commission, RECs and RMs concerning the scope, dimensions, variables and criteria of the applicability of the principle of subsidiarity’. One of the workable approaches to subsidiarity is to consider requiring the effective engagement of RECs/RMs that could avoid the policy gaps, divergences and inconsistencies that resulted from its skewed conception and understanding.

Additionally, building on the decisions that the PSC and policy organs of the RECs/RMs adopted during the first and second consultative meetings, as well as PSC’s 870^th session, PSC and RECs/RMs can during this 3^rd consultative session agree to implement the following measures.

First, the PSC and RECs/RMs Policy organs can decide to implement and operationalize the various modalities for policy coordination and consultative decision making. For instance, during the second consultative meeting, PSC and RECs/RMs agreed to meet at least twice a year at a strategic and political level, and quarterly at a technical level.

Second, there is a need for both the PSC and RECs/RMs to consult and exchange between each other more frequently on specific conflict or crisis situations than before given the challenging political and security landscape of the continent, which is characterized by resurgence of military coups and rising trends of terrorism and violent conflicts. In that regard, the two sides should consider taking practical steps, including the establishment of a team of focal points from all RECs/RMs and the PSC Secretariat that would facilitate a well-coordinated network for regular engagements as envisaged under the previous consultative meeting.

Third, the trans-regional nature of some of the peace and security threats such as terrorism and overlapping membership of some countries in the RECs/RMs raises the issue of horizontal coordination among these organizations. A case in point is Democratic Republic of Congo (DRC) where its overlapping membership to Economic Community of Central African States (ECCAS), Southern African Development Community (SADC), International Conference on the Great Lakes Region (ICGLR), and East African Community (EAC) and the multiple but uncoordinated diplomatic and security initiatives necessitated a convening of the quadripartite summit under the auspices of the AU at the end of June in Luanda, Angola. It is incumbent on the AU to facilitate such coordination in the absence of which, there is risk of paralysis and political vacuum.

The expected outcome of the consultative meeting is a joint communique. While commending the operationalization of some of the agreed initiatives such as the Inter-Regional Knowledge Exchange (I-RECKE) on early warning and conflict prevention, PSC and RECs/RMs may recognize the follow-up challenges to the implementation of most of the previous decisions adopted with the aim to strengthen cooperation and coordination between them. In that regard, both may request the AU Commission, in consultation with the RECs/RMs, to prepare and submit within a specific timeframe, an implementation matrix that clearly highlight the necessary measures along with timelines for the implementation of each decision. The two sides may further agree to convene a high-level meeting (summit level) as part of the AU Mid-year coordination meeting, which could serve as a platform to discuss strategic issues. Given the lack of clarity on the principle of subsidiarity and its implication over the smooth working relationship between the PSC and RECs/RMs, they may decide to take steps to implement their previous decision of commencing a study on the ‘scope, dimensions, variables and criteria of the applicability of the principle of subsidiarity’. This can be done for instance by mandating the AU Commission and the representatives of RECs/RMs to undertake the study within a specific timeframe and submit the same to their joint meeting for consideration.

by Amani Africa

Updated Briefing on the development of the Common African Position on cyber security in Africa

Updated Briefing on the Development of the Common African Position on Cyber Security in Africa; Presentation of the Draft ToR of the PSC Sub Committee on Sanctions; Draft ToR of Ministerial Committee on Terrorism; and Draft Manual on Modalities for Enhancing Coordination Between the Peace and Security Council of the African Union and the African Members of the United Nations Security Council

Date | 23 August 2023

Tomorrow (24 August) the African Union (AU) Peace and Security Council (PSC) will convene its 1170^th Session. This session will cover a range of important topics, including a briefing on the development of the Common African Position (CAP) on cybersecurity in Africa, the presentation of the Draft Terms of Reference (ToR) of the PSC Sub-Committee on Sanctions, a Draft ToR of Ministerial Committee on Terrorism and a Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council (UNSC).

The session is expected to begin with the opening remarks by Willy Nyamitwe, the Permanent Representative of Burundi and Chairperson of PSC for the month of August. This will be followed by a statement from Bankole Adeoye, the AU Commissioner for Political Affairs, Peace and Security (PAPS). Dr. Guy Fleury-Ntwari, Legal Counsel of the AU and Director of Legal Affairs and Prof. Mohamed Helal, a member of the African Union Commission on International Law (AUCIL) and Special Rapporteur on the Prohibition on Intervention in the Internal and External Affairs of States, are also expected to give a presentation. In addition, Tapiwa Masunungure Zimbabwe’s Committee of Experts member, who chaired the retreat of the Committee of Experts that considered the three documents will deliver a presentation.

Tomorrow’s session on the update briefing by AUCIL is a follow-up to the decision of the 1120^th session of the PSC and the request in its subsequent 1148^th session. During the 1120^thsession, which was dedicated to the inaugural engagement of the PSC with the AUCIL, the PSC recognized the need for the development of a CAP on the application of international law on cybersecurity. It was the first time the PSC approached the issue of cyberspace for peace and security from the perspective of regulating it with the rules of international law. The session emphasized the importance of cybersecurity and the need for adequate regulation. Additionally, discussions were held on the management and regulation of cyberspace in order to prevent activities that threaten international peace and security, including the emergence of cyber-weapons and the manipulation of cyberspace for political influence.

Most importantly, during the session, the PSC acknowledged the applicability of international law to cyberspace, and called on AU Member States to adopt a CAP and emphasized the need for Africa to actively engage in the process. To this end, the Council tasked the AUCIL, in collaboration with the AU Commission, to organize consultations with relevant stakeholders on the application of international law to cyberspace. In its most recent 1148^th session on cybersecurity, the PSC requested ‘the AU Commission on International Law to expeditiously complete, and submit to the Peace and Security Council, the draft statement of a Common African Position on the Application of International Law to Cyberspace.’

In response to PSC’s assignment from its 1120^th session, the AUCIL collaborated with the AU Commission and organized a series of capacity-building training sessions for AU member states. These sessions aimed to equip participants with the knowledge and skills necessary to effectively contribute to the formulation of the CAP regarding the application of international law to cyberspace.

The first session was held online on 29 and 30 March 2023, while the second session took place in Addis Ababa from 12 – 14 June 2023. The third and final part of the capacity-building program took place in New York from 19 – 21 July 2023. The program was attended by experts representing AU Member States who are responsible for following multilateral processes. The third session of the training aimed to strengthen the capacities of AU Member States in cyberspace and international law in order to empower them in multilateral processes like the Open-Ended Working Group on Cybersecurity and the UN General Assembly’s 6th Committee. It also aimed to assist in the process of reviewing and enriching the draft CAP statement.

It is therefore expected that the PSC will receive a progress report and a presentation on the CAP statement in tomorrow’s session. It may be of interest for members of the PSC to know whether the draft statement identifying the rules of international law applicable to cyberspace being presented to the PSC was considered and reflected upon by the AUCIL and updated based on such reflection and whether it covers rules on responsible state behavior in cyberspace. The PSC may also consider whether the statement would benefit from consideration and input of the AU Special and Technical Committee on Justice and Legal Affairs for it to receive strong support and ownership on the part of Member States and the AU broadly. The PSC may also consider how the statement can help in informing the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.

Also worth mentioning for the PSC is whether and how the draft statement took account of and built on the various decisions of the PSC relating to cyberspace and peace and security. Although the PSC has not regularized the decision of its 850^th session dedicating a session on this theme on an annual basis, it has since then convened a number of sessions highlighting its increasing engagement and concern about the peace & security implications of cyberspace. Of direct relevance for tomorrow’s session, among other critical points, the 1097^th session drew attention to the need for enactment of necessary legislations and regulations at national, regional and continental levels to govern issues related to cyberspace. Most recently, the PSC considered the issue of cybersecurity during its 1148^th session last April under Tunisia’s Chairship of the PSC. As the PSC pointed out, its focus on this subject is informed by ‘the growing threat to peace, security and stability in the Continent emanating from the increasing cyber-attacks, malicious use of information and communication technologies (ICTs) and incidents of unethical and hostile cyber-activities undertaken by both, state and non-state actors, including the targeting of government institutions and public infrastructure; the spread of misinformation and disinformation, subversive activities and interferences with national government processes, as well as the promotion of ideologies of hate and hate speech.’

In addition to the CAP statement on cybersecurity, the PSC is expected to receive a presentation on three documents. It is to be recalled that these documents were finalized during the Committee of Experts (CoE)’s retreat that was held from 18 – 22 May 2023.

One such document is the draft TOR of the PSC Committee on Sanctions. During the Reflection Forum on Unconstitutional Changes of Government (UCGs), which was convened in March 2022 in Accra, Ghana, one of the recommendations was to reactivate the PSC Sanctions Committee. Subsequently, the PSC held a session on sanctions and enforcement capacities in the deterrence against UCGs and called for the full operationalization of the PSC Sub-Committee and the development of the requisite technical capacities to ensure its effectiveness. During this 1100^th session, the Council also instructed the CoE to develop the ToRs for the PSC Sub-Committee on Sanctions. It is important to note that the CoE was initially established in 2009 by the PSC’s 178^th session communique, but it has never been operational. During the CoE retreat in May, the CoE identified certain issues, such as the composition of the Sub-committee and the level of its chairship that require the guidance of the PSC with respect to the Sanctions Sub-Committee.

The second document is the draft ToR of the Ministerial Committee on Terrorism. One of the key outcomes of the 16^th Extraordinary Summit of the AU Heads of State and Government on UCGs, which was held in May 2022 in Malabo, Equatorial Guinea, was the establishment of the Ministerial Committee on Counter Terrorism. This committee is meant to coordinate, monitor, evaluate and follow-up on the mechanisms of the implementation of the decisions made during the summit. In this regard, it was expressed in the PSC’s 1107^th session communique that the PSC looks forward to the first meeting of the Ministerial Committee on Terrorism. Since the decision of the Malabo Summit was for the AU Commission to prepare the ToR of the Committee, in tomorrow’s meeting the CoE may propose that the draft ToR be referred to the AU Commission for finalization and presentation to the minsters. The ToR is expected to outline the purpose, goals, scope, working arrangement and composition of the ministerial committee.

Lastly, the PSC will consider the draft manual on modalities for enhancing coordination between the PSC and the African members of the UNSC. The development of this manual is in line with the request made by the PSC during its 1056^th session that considered the Conclusions of the 8^th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9^th Annual High Level Seminar on Peace and Security in Africa on 18 January 2023. Accordingly, the draft manual was presented to the participants of the Seminar and it was requested to circulate the draft to all AU member states for inputs before submitting it for the consideration of the PSC. Following its update during the CoE meeting last May, the representative of the CoE is expected to propose the adoption of the manual by the PSC during tomorrow’s session.

What is expected following the presentations of these three documents is that the PSC will take the required steps including the adoption of the documents and/or clearing of the documents that may require adoption at a different forum or level.

The outcome of the session is expected to be a Communiqué. It is expected that the PSC will reiterate the urgent need for a Common African Position on the application of international law on cyberspace, as well as the need for Africa to actively engage in the process. It is also expected that it will commend the work of the AUCIL in working towards appraising representatives of AU Member States of the latest developments in the field of the rules of international law applicable to cyberspace. It may also emphasize on the importance of capacity building and the need to continue such efforts. The Council may also welcome the draft CAP statement on cyberspace for peace and security. The PSC may recommend that it is presented to relevant AU bodies such as the STC on Justice and Legal Affairs for wider input and build on and reflect the relevant decisions of AU policy organs including those of the PSC. The PSC may request the AU Commission to use the statement in the development of a regional legal framework and strategy for promoting the rules of international law governing cyberspace for addressing threats to peace and security arising from cyberspace.

Additionally, the PSC may welcome the work of the CoE in developing the three documents presented to it. It may also adopt the Terms of Reference of the PSC Sub-Committee on Sanctions with clarification of the issues presented to it for its guidance. The Draft Manual on Modalities for Enhancing Coordination Between the PSC and the African Members of the United Nations Security Council is expected to be adopted by the PSC. The PSC may also refer the Draft ToR of the Ministerial Committee on Terrorism to the AU Commission for its updating and submission for adoption by AU Ministers.

by Amani Africa

Updated Briefing on the development of the Common African Position on cyber security in Africa

Updated Briefing on the Development of the Common African Position on Cyber Security in Africa; Presentation of the Draft ToR of the PSC Sub Committee on Sanctions; Draft ToR of Ministerial Committee on Terrorism; and Draft Manual on Modalities for Enhancing Coordination Between the Peace and Security Council of the African Union and the African Members of the United Nations Security Council

Date | 23 August 2023

by Amani Africa

Updated Briefing on the development of the Common African Position on cyber security in Africa

Updated Briefing on the Development of the Common African Position on Cyber Security in Africa; Presentation of the Draft ToR of the PSC Sub Committee on Sanctions; Draft ToR of Ministerial Committee on Terrorism; and Draft Manual on Modalities for Enhancing Coordination Between the Peace and Security Council of the African Union and the African Members of the United Nations Security Council

Date | 23 August 2023

by Amani Africa

Briefing on Continental Early Warning and Security Outlook

Date | 21 August 2023

Tomorrow (22 August), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1169^th session to receive briefing on continental early warning and security outlook. This briefing is expected to be delivered by the Committee of Intelligence and Security Services of Africa (CISSA); African Centre for the Study and Research on Terrorism (ACSRT); and African Union Mechanism for Police Cooperation (AFRIPOL).

Following opening remarks by Willy Nyamitwe, Permanent Representative of Burundi and Chairperson of the PSC for the month of August, AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye is expected to make a statement. Executive Secretary of CISSA, Zainab Ali Kotoko is also expected to make a statement. Representatives of ACSRT and AFROPOL are also expected to deliver briefings.

Taking place in line with the decision of PSC’s 1073^rd session which requested for quarterly briefings on continental early warning and security outlook, tomorrow’s session is expected to discuss the state of the political and security situation of the continent since the last briefing on the security outlook of the continent. At the 1138^th session when the PSC last received a briefing on early warning and security outlook of the continent, the increasing spread of terrorism, resurgence of unconstitutional changes of government (UCG) and unstable political transitions were among the main concerns that received attention. During tomorrow’s session, members of the PSC may seek update on the measures taken to follow up on the outcome of the previous session and what more needs to be done in respect to these conditions.

The changing nature of conflicts in Africa is perhaps one of the first concerns that may feature in tomorrow’s briefing. This can be viewed from at least two perspectives. The first one involves the increasing trend in urban based hostilities in parts of Africa. Although not a new phenomenon, the increase in the prevalence of conflicts in urban areas necessitates re-examination of the response of AU to conflicts. As the unfolding civil war in Sudan attests, conflicts in urban areas exponentially increase civilian casualties and the destruction of civilian infrastructure including strategic facilities.

These features of conflicts in urban settings underscore the need for making observance of international humanitarian law (IHL) principles the central focus of regional and continental peace and security diplomacy. Securing commitment of and pressing conflict parties to observe IHL rules should be made part of the ToRs of mediators and envoys. Significantly, the PSC needs to add to the tools that are used for enhancing civilian protection in such conflict settings the establishment of a dedicated mechanism for monitoring, investigating and reporting on violations.

Another important manifestation of the changing nature of conflicts in the continent is related to the spike in internationalisation of internal armed conflicts in African countries. While the involvement of external actors in conflict situations in Africa is not a new development, data sources indicate a significant rise in such interventions observed over the past few years. A recent research documents for example that while only 12 internationalised conflicts were recorded in Africa between 1991 and 2010, 27 such conflicts were recorded in the years from 2011 to 2021. And in 2021 alone, 17 cases of internationalised conflicts were documented. This is further compounded by the rise of ‘emerging powers’ and their aspiration to exert influence on the direction and outcome of conflicts as happened in the conflicts in Libya and most recently in the Horn of Africa. As being experienced in Libya and Sudan, one of the major consequences of this increasing internationalization of conflicts in Africa is the increasing decline in the leadership role of the AU in mobilizing conflict management and resolution efforts.

Another related feature of the peace and security landscape of the continent that the PSC needs to reflect on during tomorrow’s session is the deepening geopolitical rivalry pitting western countries such as the US and France against Russia and China is exacerbating existing conditions of fragility and insecurity on the continent. This is playing itself out in conflicts in the Sahel, Horn of Africa and Great Lakes Region, among others, as well as the resurgence of coups and the contestations surrounding how to respond to the coups as is currently unfolding in Niger.

A concerning persistent trend on which ACSRT would provide update in tomorrow’s briefing is the growing threat of terrorism and violent extremism. Apart from the eruption of new conflicts (a case in point being Sudan’s new conflict that erupted in April 2021), conflicts involving terrorist groups are main feature of the rise in the number and geographic spread of conflicts in Africa, as depicted in the graph below.

According to the ACSRT’s quarterly bulletin on terrorism in Africa, in the first quarter of 2023 alone, 426 terrorist attacks were recorded resulting in 2,809 deaths. Of the total deaths recorded, majority (1,226) were civilians demonstrating the continuing increase in civilian casualties resulting from terrorist attacks. On the other hand, despite the civilian harm most attacks continued to result in, the primary targets of majority of the attacks perpetrated during the first quarter of 2023 were military and security forces.

ACSRT’s bulletin further indicates the increase experienced both in terrorist attacks and deaths ensuing therefrom, in the first quarter of 2023 as compared to the pervious reporting period (last quarter of 2022). While attacks have shown a 43% increase, related deaths have increased by 60%. In terms of regions most affected by terrorist attacks, west Africa continues to contribute the highest number of attacks as well as related casualties, with east and central Africa following closely.

Source: ACSRT Quarterly African Terrorism Bulletin (QATB)

Aside from the spike in terrorist attacks, it is also important to note the increasing sophistication and complex nature of terrorist activities. In the Lake Chad Basin (LCB) region, terrorist groups such as the Islamic State’s West Africa Province (ISWAP) have been noted not only for scaling up their use of Improvised Explosive Devices (IEDs) but also deploying efforts for the usage of drones to carry out attacks. It is known that previously, terrorist networks like Boko Haram have been able to use unmanned aerial vehicles (UAVs) for the purposes of surveillance.

While the AU entities that deliver the briefing on the security outlook are by the very nature of their mandate focus on hard security dimension of the peace and security dynamics of the continent, the challenge that the democratic governance deficit poses to peace and security in Africa also deserves not any less importance, including from prevention dimension. In this respect, it would be of particular significance for the PSC’s reflection to go beyond a focus on the resurgence of coups as the coup in Niger makes clear.

Map of successful, attempted and plots of coup in Africa from August 2020-July 2023

Tomorrow’s session needs to critically interrogate the deleterious impact that elections with questionable legitimacy, prolongation of power by tampering with constitutional provisions on presidential term limits, corruption and nepotism and the failure of states to deliver basic services have on political stability on the continent. In this context and in the light of the risk for coups arising from elections whose legitimacy is contested, there is a need for reflecting on the lessons from the recent Sierra Leone elections and the need for monitoring the post-electoral environment with a view to help address the situation. Although there is necessity for a margin of appreciation that enables member states to deal with certain governance and peace and security issues internally, the AU and relevant RECs have the duty to effectively implement their preventive mandates by deploying the appropriate measures to address these conditions before they erupt into more serious threats.

Impacts of climate change on peace and security forms another factor that may feature in tomorrow’s briefing. In addition to fuelling intercommunal violence, such as the conflict between herder and farming communities in parts of West Africa and the Sahel, by intensifying competition over increasingly depleting scarce resources, climate induced whether conditions ranging from droughts to flooding in the Horn of Africa continue to have a devastating effect on significant portion of populations across Africa. Faced with food insecurity, environmental degradation and loss of livestock as well as arable land, thousands of peoples in various African countries are regularly displaced from their homes. In addition to straining the continent’s humanitarian response capacity, these climatic conditions severely challenge capacities of states and multilateral bodies for managing existing conditions of insecurity and conflict.

The expected outcome of tomorrow’s session is a Communiqué. The PSC is expected to take note of the emerging as well as persisting peace and security threats in Africa. It may express the need for the AU to mobilize deliberate and targeted strategies on the various threats to peace and security on the continent ranging from those focusing on mitigation to those involving sustained use of conflict resolution tools working together with member states and the relevant RECs/RMs to effectively and timely respond to these concerns. The PSC may request that RECs/RMs and the governance and human rights bodies of the AU including the African Peer Review Mechanism (with its additional mandate of early warning) to work with the AU entities that deliver the quarterly briefing on continental early warning and security outlook both in the delivery of the briefing and in developing targeted strategies and plans for mitigating and resolving these security threats including through the use of the various APSA and AGA tools. The PSC may underscore the need for member states to avoid denialism and the invoking of national sovereignty in order to enable a more enhanced collaboration with relevant AU and RECs/RMs mechanisms for conflict prevention. The PSC may also request that the quarterly briefings apart from providing comprehensive update on the overall outlook provide focused analysis on specific peace and security threats in the briefings to enable a more focused engagement on such specific aspect of the peace and security outlook. In this respect, the PSC may request that the AU Commission provide it with analysis on the impact of the increasing influence of middle powers and geopolitical rivalry in Africa and the attendant adverse impacts on peace and security. Having regard to the continued prevalence of security threats related to UCG and terrorism, the PSC may also call for review of the Declaration on Terrorism and UCG in Africa adopted at the 16^th Extraordinary Session of the AU Assembly [Ext/Assembly/AU/Decl.(XVI)] and the development of effective responses within the framework of the declaration to arrest the spread of UCGs and terrorism in Africa.

by Amani Africa

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 1166^th 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 1095^th 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.

Map of successful, attempted and plots of coup in Africa from August 2020-July 2023

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.

by Amani Africa

Community Responses to Security Challenges in the Continent

Date | 21 July 2023

Tomorrow (21 July) the African Union (AU) Peace and Security Council (PSC) will convene its 1163^rd Session to discuss its position on the topic of Community Responses to Security Challenges in the Continent. The session will be held virtually at the Ministerial level.

The Ministerial session will be chaired by the Minister for Foreign Affairs of the Republic of Senegal and the PSC Chair for the month of July 2023, Aïssata Tall Sall. Following the opening remarks by the Chair of the PSC, Bankole Adeoye, the AU Commissioner for Political Affairs, Peace and Security (PAPS), will make an introductory statement. Vasu Gounden, the executive director of the African Centre for the Constructive Resolution of Disputes (ACCORD), is also expected to provide a briefing. Representative of the AU Economic, Social & Cultural Council (ECOSOCC) may also brief the PSC.

Tomorrow’s session is taking place at a time when in the context of the ongoing war in Sudan, civil society and community groups mobilized exemplary response to mitigate the impact of the fighting on civilians and to prevent various communities from being sucked into the conflict. They helped to identify safe passages for enabling civilians caught in the cross fire of the fighting to escape from harm’s way into safer areas. They organized humanitarian assistance involving the provision of food and medical help for civilians cut off from access to basic necessities due to the heavy fighting. Leaders of local communities in parts of Sudan such as Darfur signed local peace agreements to avoid being drawn into the fighting. Similarly, various civic actors rejected the war and campaigned for keeping Sudanese people from taking side in the war that they never chose.

Such self-organizing community initiatives that emerged organically to fill the void left by national and international peacebuilding efforts are not unique to Sudan. The recent offensive in Somalia against Al Shabaab drew on and mostly organized around the initiative of local communities. These experiences highlight the increasing importance of recognizing the role of civic groups and local community actors in peace and security.

The need for expanding the policy space for enhancing the role of communities in peace and security arises from complexity of contemporary threats to peace and security and the inadequacy of governmental and inter-governmental responses to these threats. The rise of protests and riots in the context of political contestations and spike in costs of living amid expanding inequality in various parts of the continent also necessitate mobilizing local and national capacities and infrastructures of peace. PSC’s dedication of this session to community responses to security challenges is accordingly a welcome recognition of the need for tapping into and using a whole of society approach.

Although this issue has not been previously discussed in this specific form, past PSC sessions touched on it under the themes ‘Women, Peace and Security (WPS)’, ‘Youth, Peace and Security (YPS) in Africa’, ‘the Annual Consultative Meeting between the PSC and Civil Society Organization (CSOs) and the AU Economic, Social and Cultural Council (ECOSOCC)’. These PSC sessions stressed that engaging all stakeholders in peace processes is not solely concerned with improving security at the local level, and should not be viewed as separate from national and regional security provisions.

At its 728^th, 803^rd, 887^th and 987^th sessions, the PSC, drawing on, the UNSCR 1325 and the Protocol to the African Charter on Human and Peoples’ Rights and the Rights of Women in Africa (Maputo Protocol), which celebrated its 20^th anniversary this month, underlined the crucial role of women in decision-making positions and in every stage of peace processes, including conflict prevention, management, resolution, peace support operations and in post-conflict reconstruction, development and peace building. While there are thirty (30) countries in Africa that have adopted a national action plan on the implementation of the UNSCR 1325, sixteen (16) of those action plans require updating. On the other hand, only less than half of the Regional Economic Communities (RECs) have adopted any strategy, guideline, or action plan on WPS. At the AU level, the 2018 AU Continental Results Framework (CRF) tool that was adopted to monitor the implementation commitments of WPS by both the Member States and the AU Commission was only reported once. As such, the PSC may explore ways to strengthen the role of CSOs in monitoring the CRF.

On promoting the role of youth, institutional measures taken at the level of the AU include the launch of the AU Youth for Peace Africa Program, the institutionalization of the session on ‘Youth, Peace and Security in Africa’, and the adoption of the Continental Framework on Youth, Peace and Security with its 10-year implementation plan. The African Youth Ambassadors for Peace (AYAP) were also appointed at the PSC’s request during its 807^th session. Implementation and integration of these in peace processes remains slow. As such, it would be of interest for PSC members to focus in tomorrow’s session on the question of how to use these frameworks for the involvement of youth in formulating responses to specific conflict situations and in deploying mediation, peace-making and peace support operations in relation to specific conflict situations. Tomorrow’s session would also benefit from discussions to explore ways in which member states can integrate mechanisms of engaging African youth in their national YPS action plans, particularly in efforts related to early warning, preventive diplomacy and post conflict reconstruction and development.

Outside of the focus on specific category of members of society, of particular significance for tomorrow’s session is the effectiveness of the existing framework for the engagement with CSOs. This is important considering that CSOs often work at the grassroots level, where they can effectively engage and mobilize local communities in peace building, reconciliation and inter-communal cohesion. The outcomes of the retreats of the PSC in Livingstone and Maseru as well as the two consultative sessions (2022 & 2023) have given recognition that including communities in security responses can be an effective tool. However, for optimizing the role of civic groups and local community organizations including in national and regional peace efforts, there is a need for developing tools for leveraging their roles in AU’s efforts for the prevention, management and resolution of conflicts.

Additionally, during the ministerial session, the PSC is expected to consider measures for effective civil-military collaboration in the implementation of peace support operations (PSOs) in Africa. Coming against the background of recent opposition from local community members against the UN Mission in DRC and the one in Mali, the importance of the relationship between local communities and peace support operations cannot be overemphasized. Effective coordination can help to create a shared understanding of the situation, enabling both military and civilian actors to work towards common goals. Additionally, it can help to build trust between military and civilian actors, as well as local populations. Therefore, the PSC members may consider exploring comprehensive civilian-military cooperation, recognizing the need for an approach that involves all stakeholders, including local communities.

While the format of outcome of the session is not known during the production of this ‘Insight’, it is expected to be a communiqué. The PSC may acknowledge the need for a multidimensional and complex nature of contemporary security challenges and accordingly underscore the need for a holistic and inclusive approach to address the root causes of conflict and all security crises, recognizing inextricable nexus between peace, security and socio-economic development. The PSC may request the AU Commission, as part of making the African Peace and Security Architecture (APSA) fit for contemporary security challenges, to develop AU strategy on community response to conflicts with a view to supporting and leveraging the role of non-state actors. It may also in this respect emphasize the importance of building and mobilizing national capacities and infrastructures of peace with civil society and community organizations including women and youth, traditional and religious leaders playing a central role. The PSC may further request that the AU Commission and RECs/RMs be deliberate about the inclusion of women and youth in the planning and deployment of mediation, peace-making and other similar peace processes. The PSC may also call on member states to engage and make use of the tools of the continental conflict prevention framework, including most notably the voluntary country structural vulnerability and resilience assessment (CSVRS). As part of enhancing both the legitimacy and effectiveness of AU and RECs/RMs peace processes, the PSC may also request that such peace processes including peace support operations develop and implement robust mechanism for close coordination with and active consultation of local communities.

by Amani Africa

Second Annual Consultative Meeting between the PSC and Representatives of CSOs and ECOSOCC

Date | 6 July 2023

Tomorrow (6 July), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1161^st session which will be dedicated to the second annual consultative meeting of the PSC with representatives of civil society organisations (CSOs) and the Economic, Social and Cultural Council (ECOSOCC).

Following opening remarks by Mohamed Lamine Thiaw, Permanent Representative of Senegal and Chairperson of the PSC for the month of July, AU Commissioner for Political Affairs, Peace and Security (PAPS), Bankole Adeoye is expected to make a statement. Representing ECOSOCC, Kyeretwie Osei, Head of Programmes will be delivering a statement. A representative of the Pan-African Civil Society Organizations Network on Political Affairs, Peace and Security will also be taking part in the session. CSO representatives from the five AU regions are also expected to make statements.

It is to be recalled that the PSC had its first consultative meeting with CSOs and the ECOSOCC on 14 September 2022, under the chairship of Ghana. Article 20 of the PSC Protocol which stipulates that the PSC shall encourage active engagement and participation of community-based and other CSOs in efforts aimed at promoting peace, security and stability in Africa, serves as the main basis for the conduct of the annual consultative meeting. Although yet to be explored, Article 8(11) of the PSC Protocol also envisages the holding of informal consultations with CSOs as one avenue of supporting the discharge of its responsibilities.

Further to the legal foundation provided under the PSC Protocol, the framework for engagement between the PSC and those in the CSO space is also articulated in the Livingstone Formula of December 2008, which was elaborated in line with the conclusions of PSC’s first retreat – the Dakar Retreat of 2007 which called for the development of a mechanism for managing engagement between the PSC and CSOs. The Maseru Conclusions of 2014 on Enhancing the Implementation of the Livingstone Formula for Interaction between the PSC and CSOs also form another important component of the framework for PSC-CSO engagement.

Milestones in PSC’s working relationship with CSOs

The normative provisions and the modalities outlined in PSC working methods attest to the recognition given to the significant contribution that CSOs make to the maintenance of peace and security in the continent. Yet, this recognition at normative level has not been systematically translated into practice, although the PSC has on many occasions invited the participation of CSOs in its sessions on thematic issues and on ad hoc basis. Indeed, outside of the ad hoc invitation extended to representatives of CSOs with relevant expertise to brief in sessions of the PSC on thematic issues and/or participate in open sessions of the PSC, there was no convening of the formal consultation between the PSC and CSOs until 2022. In this context, the holding of an annual consultation between the two not only institutionalises their engagement, but it also addresses gaps faced in terms of better refining the depth of discussions that can be held on a wide array of subject matters.

Those occasions when the PSC drew on the expertise and technical resources of research organizations and CSOs have attested to the value of such engagement in expanding the diversity of perspectives and policy issues. In the context of the expanding demand on the limited resources of the PSC, tapping into the expertise and technical resources of CSOs is not just a matter of legitimacy and normative commitment but it is also a strategic imperative. In the face of the growing peace and security challenges facing the continent, it has become increasingly clear that the effort of the PSC and state actors is not enough. The challenges require a whole of society approach in which CSOs in all their diverse formations and communities assume key role. This necessitates that attention is given to the engagement of CSOs both at the stage of policy making and implementation.

As the annual consultative meeting becomes institutionalized, one key issue that require attention is how to make it more than a ticking box exercise. This requires clarifying what the consultative meeting contributes to. The consultative meeting can be organized for the presentation by the CSOs of the five regions on the situation in the different regions from a non-state perspective, thereby contributing to the PSC’ report on the state of peace and security in Africa. It can also be an occasion for providing feedback on the policy actions of AU and Regional Economic Communities (RECs) on the various peace and security issues of the different regions with a view to contribute to the revision and updating of those policy actions.

The role of ECOSOCC is the other critical aspect in the relationship between the PSC and CSOs as envisaged in the Livingstone Formula and the Maseru Conclusions. ECOSOCC, an advisory organ composed of relevant professional and social groups from AU member states and whose central purpose is to promote and advance CSOs’ active involvement in shaping and contributing to AU’s programmes and policies, has been engaged in efforts that aim to establish a proper and systemic mechanism for enhanced engagement between the PSC and CSOs. It is to be recalled that ECOSOCC played the role of identifying the CSOs from the five regions that briefed the PSC during the inaugural consultative meeting held in September 2022.

In terms of follow up from the last session, the efforts by ECOSOCC to develop a comprehensive database of CSOs has in particular been identified as an important initiative at the inaugural annual consultative meeting of the PSC and CSOs. At the second consultative meeting taking place tomorrow, updates on progress made towards finalising the development of the database is expected to take centre stage among the envisaged discussions. Once finalised, the database is aimed to function as a hub of various accredited CSOs that could actively be engaged by the AU in its implementation of key agendas and initiatives, including those relevant to peace and security and the mandates of the PSC.

There are a number of advantages of developing the envisaged database. One important contribution such database could make is the identification and theme-based classification of CSOs. The idea of having a comprehensive database first of all enables a wide range of CSOs, including those at the grassroots level, to be in the records and gain a level of visibility that would enable them to actively participate in the policy space. At the same time, categorising the different CSOs on the basis of the main focus or central areas of work they are involved in allows the creation of thematic grouping of CSOs that have expertise in specific fields. For the PSC, this would be critical in gaining access to a ready list of CSOs with varied levels and areas of expertise, which can serve as the main source to guide PSC’s engagement.

Notwithstanding the potential contributions the CSOs’ database could make towards advancing better CSO engagement with the PSC, one should bear in mind the issue of inclusivity, particularly considering the diversity of CSO. ECOSOCC is currently in the process of conducting a series of consultations with various CSOs coming from the different sub-regions and engaged in a variety of thematic areas of works relevant to the PSC. The most recent of such consultations took place in April 2023, which afforded rich discussions between represented CSOs including Amani Africa and representatives from relevant AU departments as well as the various RECs. A follow-up consultation of the ECOSOCC is also expected to commence tomorrow, on 6 July as the PSC convenes its second consultative meeting.

Another issue that may come associated with the development of the database pertains to the creation of bureaucratic bottlenecks that may prove to be counterproductive. In this respect too, the PSC may wish to hear from ECOSOCC on what measures are put in place to ensure transparent processes in the utilisation of the database.

In addition to following up on the status of the development of the CSOs’ database, tomorrow’s meeting may also serve to reflect on where things stand with respect to implementing some of the key outcomes of the inaugural consultative meeting including CSOs efforts towards realising the decisions of the 16^th Extraordinary Session of the AU Assembly on Terrorism and Unconstitutional Changes of Government (UCG) in Africa [Ext/Assembly/AU/Decl.(XVI)], as this formed one of the main areas discussed during the inaugural meeting, and the request made for ECOSOCC to conduct a stock taking exercise on the Livingstone Formula and Maseru Conclusions, so as to make recommendations for enhancing their realisation.

As an outcome of the consultative meeting, the PSC may issue a communiqué as it did for the last consultative meeting. Taking note of the progress made thus far in finalising the CSOs’ database, the PSC may encourage ECOSOCC to take all the necessary steps towards ensuring the finalisation of the database while ensuring inclusivity and transparency in the modality for its use. The PSC may underscore the significant role that CSOs play in supporting the realisation of its mandate in conflict prevention, management and resolution. It may further call on CSOs to fortify their efforts to respond to the increasingly complex and challenging threats to peace and security in the continent. Taking note of the critical role of CSOs in bringing the PSC and its policy decisions closer to African citizens, the PSC may also encourage CSOs in Africa to strengthen their role in promoting the culture of peace, in fighting misinformation, disinformation and incitement of hate and violence, in enhancing the adoption of informed policy decisions by relevant actors at national, regional and international level and in the advancement of the implementation of decisions for conflict prevention, management and resolution by the AU as appropriate. The PSC may also call for clarifying the focus and the end to which the consultative meeting contributes.

by Amani Africa

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 1161^st 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 148^th session that was held in August 2008, and the second and the last meeting was the 344^th session held in November 2012. At the 344^th 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 344^th 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 344^th 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.

by Amani Africa

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