Mixed results for the PSC's decision-making in 2015
The PSC made important decisions in 2015 on Burundi, Burkina Faso, South Sudan and other conflicts on the continent, but with varying degrees of success.
The Peace and Security Council (PSC) has had a huge number of crises on its plate this past year. Conflicts continue in South Sudan, the Central African Republic (CAR) and Libya, while Burundi has descended into a state of political turmoil and insecurity. Burkina Faso suffered a coup d’état in September and terror groups still wreck havoc in Nigeria and Somalia.
To try to tackle these issues the PSC met over 70 times after the PSC summit on 30 January 2015 and undertook two field trips to Mali and Sudan. Important decisions have been made, but with varying degrees of success.
Some of the PSC’s more notable achievements in 2015 include getting buy-in from the West African region to set up the Multinational Joint Task Force (MNJTF) against Boko Haram. However, as the year draws to a close, the force is still not operational and needs international funding.
In Burundi the PSC was pro-active but not always heeded, being constrained to hand over leadership to the East African Community (EAC). In Burkina Faso it achieved notable successes and contributed greatly to the fall of the military junta in September. However, the situation in South Sudan slipped out of its grasp despite endless meetings and summits to try to stop the devastating civil war. The PSC was also criticised by human rights groups for waiting almost eight months before releasing details of the Obasanjo report on the human rights abuses in South Sudan.
Supporting EAC efforts in Burundi
The PSC met over 70 times after the PSC summit and undertook 2 field trips |
|
Burundi’s situation arguably evolved the most in the past year. The country witnessed public protests in April 2015 following the announcement by President Pierre Nkurunziza that he would run for a third term. The political instability was followed by violent clashes and killings in the central African country. The PSC has discussed Burundi eight times since March 2015.
Although the African Union (AU) is the guarantor of the Arusha Agreement, the initial involvement of the PSC mainly consisted of supporting the efforts of the EAC.
Tanzania, the EAC chair, and Uganda, the EAC-designated mediator, are also members of the PSC, which provided a direct link between the two organisations. This is reflected in the PSC’s communiqués of 14 May and 9 July, where the AU reiterated the EAC’s calls to postpone elections and form a government of national unity. It also called upon Burundi to stick to the Arusha Agreement. The Bujumbura government, however, did not heed the PSC’s call.
At the PSC meeting in Johannesburg on 13 June, the heads of state and government decided to deploy human rights observers and the military, which took place on 22 July.
 The PSC’s position on the situation in Burundi was ambiguous |
|
Clearly, the PSC’s position on the situation in Burundi was ambiguous. While it called for the postponement of the presidential and legislative elections and the upholding of the Arusha Agreement, the body never explicitly excluded a third-term bid by the incumbent, which was the main cause of the tensions in the country.
The AU seemed to focus on calming tensions rather than dealing with the heart of the matter. It is likely that Nkurunziza’s legalist interpretation of the constitution was shared by some heads of state and government. From this perspective, it looks as though the PSC’s call for the formation of a government of national unity was made in the expectation that elections would be held, while it was obvious the opposition would boycott the polls.
In its 531th meeting, held after the contested polls, the PSC only ‘took note of the presidential and legislative elections’ that were held despite its previous calls for a postponement. Some believed that sanctioning Burundi at this juncture, based on the African Charter for Democracy, Elections and Governance, could have prevented the crisis from escalating.
PSC steps up to the plate
The PSC meeting on 17 October marked a radical shift in the AU’s approach. The body adopted sanctions against those responsible for the violence in Burundi; increased the number of human rights observers and military experts in the country; and asked not only for a monthly report on the situation of human rights but also that the African Commission on Human and Peoples’ Rights investigate such violations. Furthermore, the PSC requested advance planning for the deployment of a military force ‘should the situation deteriorate’.
| The state of affairs in Burundi has not improved despite various interventions |
|
These most recent decisions by the PSC attest to its intention to prevent the situation from deteriorating. Nevertheless, the state of affairs in Burundi has not improved despite the mobilisation of various tools (dispatching a high-level delegation in May, deploying human rights observers and military experts, and adopting sanctions).
The relative ineffectiveness of the PSC mechanisms raises the question whether the body had chosen the right approach by focusing more on the consequences of the crisis than on its main cause.
PSC dragged its feet on South Sudan report
The civil war in South Sudan has been another frustrating issue for the PSC. The regional Intergovernmental Authority on Development (IGAD) has taken the lead in the peace process and the PSC’s role has largely been limited to endorsing IGAD’s decisions and recommendations.
On various occasions the council expressed its disappointment at the failure of the South Sudanese warring parties to agree on outstanding matters and reach a political settlement. It also repeatedly condemned the continued violence and catastrophic humanitarian situation.
| The report revealed the horrors of the war in South Sudan |
|
However, the threatened sanctions did not materialise. The most notable decision by the PSC on South Sudan came from its meeting on 26 September at the level of heads of state and government.
The meeting decided to release the highly anticipated report of the AU Commission of Inquiry on South Sudan (AUCISS) and terminated the mandate of the AUCISS.
Aiming to advance the justice, reconciliation and healing process in South Sudan, the meeting endorsed the recommendations of the report, including the establishment of an independent hybrid judicial court, the Hybrid Court of South Sudan. The release of the report revealed the horrors of the war.
Strong action in Burkina Faso
One notable and effective decision by the PSC was its rejection of the coup d’état against the transitional government in Burkina Faso on 16 September this year. Building on its zero-tolerance policy towards unconstitutional changes of government, and on previous decisions in similar circumstances, the PSC meeting of 18 September suspended the country from the AU’s activities and imposed a travel ban and asset freeze on all members of the ‘National Committee for Democracy’, which led the coup. Despite the softer approach chosen by the regional Economic Community of West African States, the AU sanctions proved effective and President Michel Kafando was reinstated. The PSC lifted the suspension of Burkina Faso from the AU’s activities at its meeting on 26 September.
Hands-off approach towards Libya
| The PSC has taken the backseat in the Libyan peace process |
|
The PSC still finds itself dealing with the consequences of United Nations (UN) Resolution 1973, which authorised a no-fly zone over Libya, and its failure to properly and timely deal with the Libyan civil war in 2011. Not surprisingly, the PSC has taken the backseat in the Libyan peace process led by the UN. Its role in the conflict situation in Libya is limited and usually stops at calling for an end to the violence and endorsing the efforts and decisions of the UN. The AU is part of the International Contact Group for Libya, which met several times during the year without having any real impact on the situation on the ground.
AU lives lost in Somalia
This has been a critical year for Somalia. The country’s Vision 2016 and the state of the AU Mission in Somalia (AMISOM) have been the focus of the PSC’s engagement. The PSC discussed the political progress and military gains made so far as a foundation for the proper implementation of the vision, which outlines drafting a new constitution, holding democratic elections and building administrative structures in Somalia. Following the devastating attack by al-Shabaab on AMISOM in June 2015, in which more than 50 members were killed, the AU endorsed an unprecedented offensive, launching a joint military operation by the Somali National Army and AMISOM. The reprisal, named ‘Operation Juba Corridor’, succeeded in pushing al-Shabaab out of substantial areas it had controlled in the past.
A new force against Boko Haram
The attacks and kidnappings by Boko Haram reached their peak in 2014. The capacity and reach of the terror group now affect the entire Western African region. In its meeting on 29 January the PSC authorised the deployment of the MNJTF, a Lake Chad Basin Commission operation, with AU authorisation for an initial 12-month period with a force strength of 7 500 military and other personnel. The force has been established with the mandate to create a safe and secure environment, and to fully restore state authority in affected areas.
Support for the transition in the CAR
| The PSC discussed the CAR situation several times |
|
The PSC discussed the situation in the CAR several times in the past year. Most of the PSC’s efforts were, however, limited to a follow-up and monitoring role.
The council spent the year calling for the proper implementation of the road map to strengthen and institutionalise the transitional process in the CAR.
The PSC endorsed the ‘Republican Pact for Peace, National Reconciliation and Reconstruction’ and the signing of the comprehensive agreement on disarmament, demobilisation, reintegration and repatriation, which details the steps needed to create inclusive and legitimate national security institutions in the war-torn country.
UNAMID’s mandate extended
On 22 June the PSC discussed the situation in Darfur and examined the activities and future of the AU–UN Hybrid Operation in Darfur (UNAMID). The PSC reiterated its support for the 2010 Doha Document for Peace in Darfur, aimed at bringing a lasting political solution to the crisis, and condemned attacks targeting the mission, which hamper its movement and activities. The council debated the future of the mission and decided to extend the mandate of UNAMID for another year.
UN–AU relations on a new footing
The issues of subsidiarity and cooperation between the UN and the AU have been a topic for discussion and debate between Addis Ababa and New York for years. In 2014 the UN formed the High-Level Independent Panel on UN Peace Operations to further study the issue and come up with a way forward. The panel presented its report – ‘Uniting our strengths for peace, politics, partnership and people’ – to the PSC on 10 August. The new report was welcomed by the PSC as it revisited the recommendations of the Report of the AU–UN Panel on Modalities for Support to AU Peacekeeping Operations (commonly known as the Prodi Report).
| The decision by the PSC is strategic in defining the AU’s role in peacekeeping |
|
The AU’s reputation as a first respondent, and the changing views of the permanent members of the UN Security Council on the PSC, helped facilitate a paradigm shift. One of the PSC’s most important decisions – overlooked by many – came out of its meeting on 26 September in New York, which discussed the partnership between the AU and the UN, particularly with regard to the funding of AU-led peace support operations undertaken with the consent of the UN Security Council.
The decision by the PSC, which recommits AU member states to fund up to 25% of peacekeeping operations while welcoming support through UN-assessed contributions, is strategic in defining the AU’s role in peacekeeping operations and influencing UN–AU relations on the matter in favour of the AU.
A close eye on elections
Following the open session on 14 January 2015, the PSC noted in its press statement that no fewer than 18 elections were scheduled to take place in African countries in 2015 and warned that some of these faced the risk of violence. The statement affirmed the need to closely monitor developments in these countries, make proper use of early warning systems and deploy preventive diplomacy initiatives. The 8 April meeting of the PSC was dedicated to these elections. It singled out the successful election in Nigeria, the most populous country on the continent, and urged other members of the AU to emulate its example in conducting peaceful and democratic elections.
New mechanisms to fight epidemics
| The council called for a comprehensive approach to the post-Ebola recovery |
|
In 2014, the PSC identified epidemics as an imminent security threat to the continent.
The council also discussed the Ebola outbreak in West Africa at several of its meetings in 2015, and twice decided to extend the mandate of the AU Support to Ebola Outbreak in West Africa (ASEOWA) mission.
The Ebola outbreak and post-Ebola recovery efforts in Guinea, Liberia and Sierra Leone were also on the agenda of the PSC on 21 October. The council called for a comprehensive approach to the post-Ebola recovery to properly respond to the social, economic and political consequences of the outbreak. The PSC also decided to establish the African Volunteer Health Corps as a mechanism to be deployed during outbreaks of epidemics, and which would report to the PSC on progress made.
Controversy over universal jurisdiction
The issue of the International Criminal Court and international jurisdiction dominated the AU’s corridors and meetings in mid-2015. In June the controversy surrounding Sudanese President Omar Al-Bashir’s attendance of the AU summit in South Africa, despite an ICC arrest warrant against him, was the focus of much debate. This had not been on the PSC’s agenda. Another incident, the arrest of the intelligence chief of Rwanda, Lieutenant-General Karenzi Karake, in London on 22 June 2015 while on an official visit, did make it onto the agenda of the council.
The PSC meeting on 26 June discussed the situation and released a strongly worded statement calling for the fair and transparent implementation of the principle of universal jurisdiction. It said the move was ‘politically motivated’ and an attack not only on ‘a Rwandan national, but on Africa as a whole’, and called for the ‘immediate and unconditional release’ of the Rwandan intelligence chief. Karake was released on 11 August after a British court ruled in his favour.
