Consideration of the Report of the Chairperson of the AU Commission on Countering Terrorism in Africa and Related Issues

Consideration of the Report of the Chairperson of the AU Commission on Countering Terrorism in Africa and Related Issues

Date | 26 October 2023

Tomorrow (27 October), the African Union (AU) Peace and Security Council (PSC)  convene its 1182nd session at ambassadorial level to consider the report of the Chairperson of the AU Commission on counter terrorism.

Following the opening statement by Daniel Owassa, the Permanent Representative of the Republic of Congo and Chairperson of the PSC for the month of October, the Commissioner of the Political Affairs, Peace and Security, Bankole Adeoye, is expected to deliver remarks.  Additionally, Lallali Idriss Lakhdar, Acting Director of the Africa Centre for the Research and Study on Terrorism, is expected to give a presentation.

The report of the Chairperson aligns with the decision made by the Assembly (/AU/Dec.311 (XV)) during its 15th Ordinary Session in July 2010. The Assembly requested the Commission to provide regular reports on the progress of counterterrorism efforts and cooperation in Africa. Furthermore, the PSC, in its 249th session in November 2010, urged the AU Commission to submit reports and briefings on the state of terrorism in Africa, as well as the efforts of the AU, Regional Economic Communities/Mechanisms and member States to combat this issue. It is worth noting that the Malabo Summit on Terrorism, held in May 2022, marked the fourth occasion where the issue of terrorism was discussed at the level of Heads of State and Government. This is not surprising considering that conflicts involving terrorist groups continues to grow from strength to strength.

As pointed out in our various research outputs including our landmark special research report, Africa has experienced major spike in not only the proliferation of conflicts involving terrorist groups but also in their impact and geographic spread. According to the African Centre for the Study and Research on Terrorism (ACSRT), Africa witnessed a staggering 400% increase in attacks and a 237% rise in deaths between 2012 and 2020. The 2023 Global Terrorism Index (GTI) further reveals that despite a slight decrease in terror attacks from 1,445 in 2021 to 1,332 in 2022, there was an 8% surge in deaths in 2022, making Africa the region with the highest increase in terrorism-related fatalities. Additionally, the ACSRT’s quarterly terrorism bulletin) reported a 12% increase in terrorism attacks during the first quarter (January – March) of 2023 compared to the same period in 2022 with 426 recorded attacks and 2,809 deaths. The ACSRT report indicates that  the attacks 226 targeted civilians and 160 targeted military forces.

The report also highlights the alarming geographical spread of terrorism, particularly in the Sahel and the West African coastal states, making the Sahel region the epicentre of terrorism in the world. As indicated in the 2023 GTI report, ‘four out of the ten most impacted countries by terrorism in 2022 were located in the Sahel region’. While Burkina Faso had the highest number of deaths in 2022, the areas near its borders with Niger, Benin, and Mali witnessed the majority of terror attacks, ‘accounting for 71% of all attacks that occurred in 2022’. The border area known as Liptako-Gourma, located between Burkina Faso, Mali, and Niger, continues to be the most severely affected region.

Additionally, there is also encroachment of terrorism into coastal West African states from the Sahel affecting Benin, Côte d’Ivoire, Togo, and Ghana.

For instance, in Togo, a violent terrorist attack was carried out on 11 May, 2023 by around 60 attackers at a military outpost in Kpinkankandi, near the border with Burkina Faso. It was reported that this attack resulted in the death of eight Togolese soldiers and left 13 others injured. The GTI report further indicates that 17 attacks and 44 deaths occurred in Benin and Togo in 2022. In Ghana, the government expressed concern that an escalation of violence could benefit jihadist groups after ‘criminals’ attempted to bomb a bridge in Bawku, a northern region of Ghana bordering Burkina Faso on 9 February 2023.

Similarly, Boko Haram and its faction the Islamic State in the West African Province (ISWAP) have also expanded their activities to Southern Nigeria and neighbouring countries such as Chad, Niger, and Cameroon. The groups’ actions have resulted in the displacement of millions of people and a humanitarian crisis in the Lake Chad region. In East Africa, al-Shabaab’s operations along the Kenya-Somalia border have been reported to have significantly increased starting from June this year. Recently, on 10 September Kenyan Defence Forces’ Soldiers patrolling along Milimani-Baure Road were killed and injured during a suspected al-Shabaab attack in Lamu County’s Boni Forest.

When it comes to Central Africa, there has been a significant rise in the overall number of attacks due to the activities of the Allied Democratic Forces (ADF) and the Islamic State Central Africa Province (ISCAP) in the Great Lakes Region. In the South, the ACSTR recorded 31 attacks by  Ahlussunnah Wal Jama’a (ASWJ), the terrorist group operating in Mozambique.

The other issues that the Chairperson’s report may also highlight is the phenomenon of foreign terrorist fighters and those returning after joining the ISIS in places such as Syria.

Given the rise in the frequency and geographical spread of terrorism, it has become clear that the overreliance on hard security response measures is not delivering the expected outcomes. If anything, it has exacerbated the situation through its adverse impacts including abuses and collateral damages it inflicts on affected communities. This necessitates that the policy repones achieves a shift towards enhancing and focusing on the use of non-security measures targeting the governance, institutional, socio-economic, environmental and development issues that create the conditions for the emergence and expansion of conflicts involving terrorist groups.

It would also be of interest in PSC’s consideration of the Chairperson’s report to discuss the  impact of the constitutional crisis ensuing from military coups particularly in the Sahel on efforts for containing the growing threat of terrorism in the region. The Joint Force of the Group of Five for the Sahel (FC-G5S), a subregional arrangement initially composed of Burkina Faso, Chad, Mali, Mauritania, and Niger, is gradually losing its strength as a result of member states’ withdrawal. In May 2022, Mali decided to withdraw from the G5 Sahel, including the FC-G5S, due to disagreements among the regional group members regarding the transitional authorities in Mali assuming the rotating presidency of the organization. This withdrawal has caused a profound institutional crisis within the subregional organization, as stated by Eric Tiaré, the Executive Secretary of the G5 Sahel, in his address to the United Nations Security Council (UNSC). Since then, coup d’états have taken place in Burkina Faso and Niger, leading to an alliance between the de facto leaders of Mali and Niger as well as the interim president of Burkina Faso.

On the other side, another development worthy of interest to this session is the signing of a charter that established the Alliance of Sahel States (AES) on 16 September. In his press statement, Abdoulaye Diop, Mali’s Minister of Foreign Affairs, emphasized that the main focus of the alliance ‘…is the fight against terrorism in the three countries.’

As in the past, one other issue that has increasingly received attention in the Chairperson’s recent reports is the relationship between terrorism and transnational organized criminal networks. Among the terrorist groups operating in West Africa, the Jama’at Nusrat al-Islam wa al-Muslimeen (JNIM), the Islamic State in the Greater Sahara (ISGS), and the Islamic State of West Africa Province (ISWAP) are known for taking advantage of such networks including for financing their activities and the recruitment of new members. In areas with predominantly informal economies, limited state resources and presence, and pervasive corruption, terrorist groups find it easy to levying taxes with little opposition from locals. This is particularly observed in territories experiencing the insurgence of JNIM and ISWAP.

The consideration of the Chairperson’s report is also expected to also deliberate on how terrorist groups operating in Africa are increasingly leveraging advanced technologies to mobilize support, recruit and carry out their attacks. Organizations such as al-Shabaab and ISWAP have adapted to the digital era by utilizing a variety of tools and platforms to plan, communicate, and organize their operations. Some terrorist groups, for example in relation to the Lake Chad Basin region, Boko haram, have sought to use drone technology for surveillance and weapon delivery. The ISWAP for instance has increased its use of vehicle-borne improvised explosive devices (SVBIED). Attention should also be paid to the risk of such actors employing cyber warfare tactics to disrupt crucial infrastructure and communication networks. Additionally, it is important to address the significant reliance of these groups on small arms and light weapons.

Tomorrow’s session would also serve as an opportunity for reviewing the efforts made by the AU, its Member States, and RECs/RMs to contain the spread of and enhance concerted efforts in the face of the transnational and transregional character of the threat. As it did last time, the Chairperson’s report further emphasizes that the predominant responses have been of a military nature, and ongoing attacks have resulted in increased militarization of states’ reactions. However, it is crucial to devote more attention to comprehending the less evident covert activities, such as the collaboration between terrorists, violent extremists, and illicit actors in recruiting and mobilizing resources. In this respect, the report calls for renewed efforts and provides a list of preventive measures.

The expected outcome is a communiqué. The PSC is expected to express its concern over the continuing scourge of terrorism and violent extremism, as well as the surge in the influx of Foreign Terrorist Fighters (FTFs) into Africa and its implications for the peace and security of the continent. Towards strengthening continental mechanisms to counter terrorism, the PSC may recall Decisions, particularly [Assembly/AU/Dec.753.XXXIII] of February 2020, and Assembly/AU/Dec.815(XXXV) of February 2022, on the establishment of a Counter-Terrorism Unit within the African Standby Force (ASF). The PSC may also request member states to enhance the implementation of applicable AU instruments and Decisions, specifically the 1999 Convention on the Prevention and Combating of Terrorism and the 50th OAU/AU Anniversary Solemn Declaration. Furthermore, the PSC is expected to stress the need for efforts to combat transnational organized crime, especially the proliferation of illicit arms, including through enhanced intelligence sharing mechanisms, border management cooperation, and control. The PSC may also reiterate its previous decision on the need to address the root causes of terrorism, including poverty and marginalization, the weak or absence of presence of the state and legitimate local governance infrastructures, which create the conditions for a breeding ground for terrorism. The PSC is also expected to emphasize the need for increased support for those affected by armed conflict, including children, youth, and women impacted by terrorism, radicalization, and insurgency. Additionally, the PSC may recognize the need to collaborate with Regional Economic Communities/Regional Mechanisms (RECs/RMs) and AU Organs to build community resilience and promote long-term recovery through post-conflict reconstruction and development programs. Drawing on the recommendation of the report of the Chairperson, the Council may also highlight the need to mainstream counterterrorism and prevention/countering of violent extremism in the African Peace and Security Architecture (APSA).


Briefing by the ICRC on its activities and the humanitarian situation in Africa

Briefing by the ICRC on its activities and the humanitarian situation in Africa

Date | 9 October 2023

Tomorrow (10 October), the African Union (AU) Peace and Security Council (PSC) is expected to convene its 1178th session to receive annual briefing from the International Committee of the Red Cross (ICRC) on its activities and the humanitarian situation in Africa.

Following opening remarks by Daniel Owassa, Permanent Representative of the Republic of Congo and PSC Chairperson for the month, Bankole Adeoye, Commissioner for Political Affairs, Peace and Security (PAPS) is expected to deliver a statement highlighting the status of cooperation between the AU and the ICRC. Patrick Youssef, Africa Regional Director for the ICRC is expected to deliver a briefing on ICRC’s activities in Africa and the challenges related to humanitarian aspects of crisis and conflict situations on the continent.

Tomorrow’s briefing forms part of the annual briefing of the ICRC to the PSC which has been taking place since the first such briefing at the 99th session of the PSC in November 2007. The last time the ICRC briefed the PSC was at the 1081st session of the PSC convened in May 2022. One of the key decisions adopted at the session was the request made for the AU Commission to work with relevant humanitarian partners including the ICRC, for the urgent preparation of ‘a detailed report on the data, registration and documentation of vulnerable populations in Africa’. As has been the case in such past briefings of the ICRC, tomorrow’s briefing, apart from providing update on the follow up on last year’s briefing, serves to provide update both on ICRC’s activities and pertinent humanitarian issues of pressing concern at the time of the briefing.

There are several ongoing humanitarian crises in Africa caused by the devastating impacts of violent conflicts of various types and political instabilities taking different forms including those involving unconstitutional Changes of government in countries like the Burkina Faso, Cameroon, Central African Republic (CAR), Democratic Republic of Congo (DRC), Ethiopia, Niger, Nigeria, Mali, Somalia, South Sudan, and Sudan, among others.  On the other hand, climate change, in particular floods and droughts, have adversely impacted food security and livelihoods for millions of people on the continent, for instance in Southern Africa, the Horn of Africa and the Sahel regions of Africa. The COVID-19 pandemic has also had a significant impact on the continent, exacerbating existing challenges and creating new ones.

It is against this backdrop of a complex humanitarian situation on the continent (including a recent earthquake in Morocco that affected thousands of people and devastating floods in Libya, which killed over 25,000 people) that tomorrow’s session is taking place. Apart from providing data and analysis on the enormity and nature of the humanitarian crises in these various conflict and crisis settings, tomorrow’s briefing is also expected to address the increasing constraint faced in humanitarian access. Similar to the worldwide trend in the rise in the number of forced displacements which registered a record 119 million people in 2022, Africa has witnessed a spike in the number of internally and externally displaced people. This trend has continued into 2023.

As a means of examining the extent of humanitarian crises in specific country/region situations, it may also interest the PSC to hear about efforts being deployed and challenges being experienced by the ICRC and other relevant humanitarian actors in some of the pressing crises at country and regional levels. One such situation which warrants PSC’s increased attention is the humanitarian situation in Sudan, which is now considered to be the world’s fast evolving displacement and other humanitarian crises. As emphasised in Amani Africa’s briefing to the PSC’s 1176th session, in less than six months, the conflict in Sudan has forcibly displaced nearly six million people, both internally and outside of the country. Some of the latest news emerging from Sudan further indicate that civilians continue to bear the brunt of much of the violence and the consequences of this war. The number of people killed as a consequence of this war has now reached over 9000, much of it a result of indiscriminate attacks and targeting of civilians. In addition to shortage of food and other basic necessities, particularly in Khartoum and east Darfur, there is also reportedly increasing incidences of looting of aid items for sale at shops, leaving the most vulnerable communities without the necessary assistance.

Another significant aspect of the war in Sudan which the PSC may wish to receive some reflections on is the attack on civilian objects which both parties to the conflict have been accused of. According to a statement made by OCHA’s humanitarian coordinator on 05 October, not only are conflicting parties using civilian facilities such as schools for military purposes and exposing civilians sheltered there to the risk of being caught in the crossfire, there have also been cases of damage to pumps that supply water to camps hosting displaced people. These only form part of the larger trend of attacks against public infrastructure including hospitals, schools, water and electricity installations and places of worship, that has been ongoing since the outbreak of the conflict.

Of no less pressing concern in Sudan is the enormous impediments to humanitarian access facing both people in need of assistance and humanitarian actors. According to the UN, humanitarian actors were able to reach only 19% of the people who are in need of emergency humanitarian assistance.

Beyond the recent humanitarian crises in Sudan, the protracted humanitarian situation in the DRC also deserves attention. In the first half of 2023 alone, the surge in violence in eastern DRC has led to the displacement of nearly 1 million people, according to the displacement tracking matrix of IOM. Ituri and Kivu, two of the most affected provinces of eastern DRC are host to about 5.4 million of the total 6.1 million displaced people in the country. It is further estimated that in addition to the high displacement rate, 26 million people across the country require humanitarian assistance, majority of which are facing acute food insecurity. This grim picture is exacerbated by continuing reports of attacks against displacement camp sites, claiming the lives of hundreds of people.

The Sahel region is another one of the complex humanitarian challenges being faced in the continent. Frustrated with persistent conflicts involving terrorism, unstable political transitions and weak governance structures as well as extreme weather patterns involving frequent droughts, floods and land degradation, countries in the Sahel region are struggling to effectively address the humanitarian needs of their populations. According to the UNOCHA, out of the overall estimated population of 109 million people in the Sahel region, 34.5 percent are in need of humanitarian assistance and protection. Displacement rates continue to increase with instability showing no improvement in the region. As of July 2023, the number of internally displaced persons (IDPs) in the region is estimated to have reached 5.9 million while the number of refugees has reached 1.5 million by August 2023. The two countries contributing most to the displacement rate are Burkina Faso and Nigeria hosting 2.1 million and 2.2 million IDPs respectively. The humanitarian crisis in the Sahel is further compounded by recurrent outbreak of communicable diseases such as cholera, measles and meningitis.

Aside from shading some light on some of these country/region specific situations, the briefing tomorrow could also present updates on the request from the PSC to the AUC on the finalization of the AU Convention Governing the Specific Aspects of Statelessness in Africa. It is also expected that the briefing will give insights to the situation of migrants and refugees in Libya and give recommendations for enhanced regional cooperation and solutions which would place human rights and the dignity of migrants and refugees front and centre.  The session may also reflect on the follow up on the implementation of the Post-Malabo Plan of Action 2023 – 2032. In this respect, the ICRC and PSC may explore the possibility of using the plan of action for enhanced collaboration in the mobilization of effective humanitarian action on the Continent.

The expected outcome of the session is a communiqué. The PSC may highlight the need for further strengthening humanitarian action in the continent, especially on effective measures for early warning, conflict prevention, management, resolution and post-conflict recovery, reconstruction and peacebuilding. The PSC may also urge parties to armed conflicts to respect and abide by their responsibilities under customary international humanitarian law in the conduct of their hostilities and to remove all barriers which impede access to humanitarian assistance. It may further commend the ICRC and other humanitarian actors for the efforts deployed to manage humanitarian crises in most affected parts of the continent such as Sudan, DRC, the Sahel region and others. In the light of the fact that the war in Sudan has created the world’s fast evolving displacement and other humanitarian crises, the PSC may express its grave concern over the alarming scale of the displacement and humanitarian crises in Sudan. In this respect, the PSC may call on the warring parties to immediately desist from targeting civilians and civilian infrastructures and the resort to indiscriminate attacks. To fulfil its responsibility under the principle of non-indifference and take concrete steps, the PSC may, as proposed during its 29 September session, decide to establish a taskforce dedicated to the monitoring, documenting and reporting on the humanitarian situation and protection of civilians in Sudan as critical measure for giving hearing to civilians caught up in the cross fire and discouraging the warring parties from both continuing with targeting civilians and civilian infrastructure and use of indiscriminate attacks and impeding humanitarian access. The PSC may similarly express continuing concern over the protracted humanitarian crises in Eastern DRC and the Sahel, which continue to deteriorate during the past year as a result of resurgence of violent conflicts. In regard to Eastern DRC, the PSC may, apart from calling on warring parties to respect human rights and international humanitarian law, urge that the forces deployed in Eastern DRC including those under the East African Community give particular attention to protection of civilians, including facilitation of humanitarian access.


Engagement with the UNHCR on post- Malabo Extraordinary Summit on Humanitarian Action

Engagement with the UNHCR on post- Malabo Extraordinary Summit on Humanitarian Action

Date | 28 September 2023

Tomorrow (29 September) the PSC is expected to convene its 1176th session on humanitarian action with an engagement with the United Nations (UN) High Commissioner for Refugees (UNHCR) on the post-Malabo Extraordinary Summit.

Following opening remarks by Churchill Ewumbue-Monono, Permanent Representative of Cameroon to the AU and the Chairperson of the PSC for the month of September 2023, Minata Samate Cessouma, Commissioner for Health, Humanitarian Affairs and Social Development (HHS), is expected to make a presentation. The Chairperson of the PRC Subcommittee on Refugees, Returnees and Internally Displaced Persons is also expected to deliver a presentation to be followed by statements from representatives of UNHCR; the UN Office for the Coordination of Humanitarian Affairs (UNOCHA); the International Committee of Red Cross (ICRC) and Amani Africa Media and Research Services.

On 18 May 2023, the PSC held an open session on humanitarian action in Africa for its 1155th meeting where it expressed deep concern over the deteriorating humanitarian situation in various African regions, including Sudan, Somalia, the Democratic Republic of Congo, Mali, Burkina Faso, and the Horn of Africa, Sahel, Lake Chad Basin, and Southern Africa. The PSC had also expressed concern about dwindling resources for effective responses and called for increased financial mobilization while commending Member states and RECs/RMs for their humanitarian assistance efforts and aiding affected populations. The issue of humanitarian access was also discussed, with the PSC calling on belligerent parties to adhere strictly to international humanitarian and human rights laws, ensure humanitarian access, and safeguard the security of aid agencies. The PSC also welcomed the adoption of the African Humanitarian Agency’s Statute in 2023, requesting its prompt operationalization and resource mobilization.

The humanitarian situation in Africa has increasingly become dire, with 30 million people in the continent being internally displaced persons, refugees or asylum-seekers, according to UNHCR figures. This dire situation is driven by a complex combination of factors, including violent conflicts, terrorism, inter-communal violence, unconstitutional changes of government, famine, and the increasing impact of climate change-related phenomena like crop failures, droughts, floods, landslides, and cyclones, forcing millions of people to flee their homes and livelihoods. Only recently, the earthquake in Morocco and the devastating floods in Libya have affected and claimed the lives of thousands of people. Faced with such reality, Africa’s prosperity and development continue to be threatened and realization of the aspirations of Agenda 2063 remain challenged.

It is expected that the central focus of tomorrow’s session will be to review the implementation of the outcomes of the 15th Extraordinary Session of the Assembly of the Union held in Malabo, Equatorial Guinea, in May 2022, particularly regarding funding, institutional cooperation, and the 10-year AU Humanitarian Agenda.

Reflecting the importance of the outcomes of the humanitarian summit, during the 36th Ordinary Session of the Assembly of the African Union, as a decision on the report on the activities of the PSC and the state of peace and security in Africa, the Assembly had “urged the PSC to prioritize the implementation of the outcomes of the 15th Extraordinary African Union Humanitarian Summit and Pledging held in Malabo, Equatorial Guinea, in May 2022, to robustly respond to the pressing twin security issues of Unconstitutional Changes of Government (UCG) and the threat posed by terrorism and violent extremism”. At the Humanitarian Summit, AU Member States agreed to address common challenges and undertake actions towards the six declarations they made: on humanitarian challenges; on climate change, disasters and forced displacement in Africa; on food security and nutrition in humanitarian situations in Africa; on COVID-19 and health challenges in the humanitarian space in Africa; on post conflict reconstruction and development for refugees and internally displaced persons in Africa; and on resource mobilization and financing for humanitarian action in Africa.

One of the outcomes of the Malabo Summit, with its Statute adopted during 36th Ordinary Session of the Assembly of the African Union in February 2023, was the creation of the African Humanitarian Agency (AfHA). Member States declared to allocate over USD176million to the AfHA to enable it to execute its strategic mandate. However, the collection of the entire amount pledged has yet to be effected. It is to be recalled that the PSC during its 1155th meeting on 18 May 2023 also “underlined the need for Member States to generously contribute to the AU Special Emergencies’ Fund and encouraged all Member States and partners who pledged support during the AU Extraordinary Humanitarian Summit and Pledging Conference, held in Malabo, Equatorial Guinea from 25 to 28 May 2022 to expeditiously redeem their pledges.”

Another follow up that could be discussed during the 1176th session is the status of developing the Plan of Action for implementing the outcomes of the Humanitarian Summit, which is to be prepared by the AU Commission. Aside from that, the PSC may also recall the 2019 Global Refugee Forum held in Geneva, when the AU, its Member States, the AU Commission as well as Regional Communities made wide-ranging pledges. In addition to following up on the implementation of these pledges, the PSC could urge Member States and the AU Commission to make a Pan-African pledge that is centered in the outcomes of the Malabo Declaration, at the second edition of the Global Refugee Forum expected to take place in December 2023, in Geneva.

Further to that, tomorrow’s briefing also presents an opportunity for the PSC to reflect on the various humanitarian challenges in the continent and to discuss ways forward for ensuring effective response and sustainable solutions to Africa’s growing humanitarian needs, despite the existing difficulties. To that end, the PSC’s discussion could bring the needed attention to the existing situations across the continent. One such instance is the situation in Sudan. In the past five months alone, the deadly conflict in Sudan that erupted on 11 April 2023 has forced over 3.3 million people to flee their homes to other parts of Sudan or neighboring countries such as Chad, South Sudan, Ethiopia, CAR, and Egypt. However, the PSC’s attention towards Sudan has been considerably low. Since April 2023, there were only two solely Sudan-focused sessions (1149th meeting on 16 April and 1156th meeting on 27 May). In addition, there have been three sessions where the PSC considered the situation in Sudan as part of its meetings with broader focus. For instance, on 26 April, the PSC held an informal consultation with countries in political transition, with Sudan being one of the four countries of concern. For its 1154th session on 16 May, the situation in Sudan was one of the two agenda items tabled for the consideration of the PSC. During the PSC’s 1158th session on 15 June, it received updated briefings on the situation in the Horn of Africa, Sudan forming one of the four contexts discussed. Further neglect of the situation in Sudan, which includes the atrocities and severe humanitarian crisis in reported in places such as Darfur, would not only be a missed opportunity for the PSC to demonstrate leadership in resolving the crisis, but also a failure to fulfill its main responsibilities of ensuring peace and security in the continent.

The expected outcome of the session is a Communiqué. The PSC may express deep concern over the escalating rate of humanitarian need in the continent as compared to the constraints and decline in humanitarian action. It may emphasize that conflicts and instability form the major factor that create and facilitate humanitarian suffering the continent and as such, call on all relevant actors to expend efforts towards realization of AU’s Roadmap for Silencing the Guns with its overarching objective of achieving a secure and peaceful Africa. Underscoring the critical role it is envisioned to play towards better coordinating humanitarian assistance in the continent, the PSC may also urge Member States to fulfil their pledges towards funding the AfHA. It may further urge the PRC sub-committees on structures and Finance as well as the AU Commission to expedite the operationalization of the AfHA. The PSC may also appeal to international partners to remain committed and to continue their humanitarian support to affected communities across the continent. It may also express alarm over the escalating violations of international humanitarian law, including deliberate attacks against civilians and obstacles to humanitarian access, attacks against public infrastructure and campsites hosting displaced populations and other violations that require accountability and proper action. Noting deteriorating humanitarian situations in conflict affected member states such as Sudan, the PSC may call on partners and all relevant actors to scale up support. It may further emphasize the need for strengthened engagement in humanitarian diplomacy and urge relevant civil society actors to fortify efforts in this respect.


Ministerial session on financing of AU led peace support operations

Ministerial session on financing of AU led peace support operations

Date | 22 September 2023

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

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

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

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

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

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

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

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

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

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

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

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

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


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

3rd 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 1154th 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 3rd 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 870th session, PSC and RECs/RMs can during this 3rd 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.


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 1170th 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 1120th session of the PSC and the request in its subsequent 1148th session. During the 1120th session, 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 1148th 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 1120th 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 850th 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 1097th 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 1148th 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 1100th 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 178th 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 16th 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 1107th 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 1056th session that considered the Conclusions of the 8th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9th 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.


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 1170th 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 1120th session of the PSC and the request in its subsequent 1148th session. During the 1120th session, 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 1148th 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 1120th 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 850th 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 1097th 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 1148th 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 1100th 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 178th 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 16th 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 1107th 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 1056th session that considered the Conclusions of the 8th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9th 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.


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 1170th 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 1120th session of the PSC and the request in its subsequent 1148th session. During the 1120th session, 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 1148th 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 1120th 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 850th 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 1097th 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 1148th 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 1100th 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 178th 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 16th 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 1107th 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 1056th session that considered the Conclusions of the 8th High-Level Seminar on Peace and Security in Africa. The session also requested for the manual to be considered and adopted by the 9th 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.


Briefing on Continental Early Warning and Security Outlook

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 1169th 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 1073rd 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 1138th 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 16th 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.


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.

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.