Peace and Security Council restructuring on the cards
North Africa only has two seats on the 15-member PSC and is now campaigning for equal representation.
Northern African countries’ request for equitable representation on the Peace and Security Council (PSC) set delegates talking at the African Union (AU) summit on 5 to 6 February. The northern region is comprised of Algeria, Egypt, Libya, Mauritania, Morocco, Tunisia and Western Sahara.
Currently, North Africa has only two seats on the 15-member council, while West Africa has four and Southern, Central and East Africa have three each. The imbalance, according to northern states, stems from a ‘temporary’ arrangement when the PSC was created in 2004 that has yet to be resolved.
Ongoing discussions
The issue was first formally raised at the PSC retreat on its working methods in May 2021, under the chairship of Algeria. It was also mentioned in the council’s annual report. The AU Assembly, at the recent summit, noted this and endorsed the conclusions of the PSC retreat on AU reforms.
Summit decisions are not yet public, but it is expected that the AU Commission will be directed to consult with member states to address northern states’ concerns. An announcement may be made at the 2023 summit, although deep-seated sensitivities and lack of clarity on the issue may see it drag on for some time.
Northern states have reached consensus that trying to reclaim the extra seat from western Africa is futile
Two options exist. The current number of seats can be redistributed, giving each region three seats. Alternatively, article 5(1) of the PSC Protocol could be amended to increase the number of seats to either 17 or 21. This will bring North Africa in line with the other three regions (except for West Africa), with a ‘floating’ membership rotating among the five regions. This will ensure the council retains an odd number of seats to avoid a voting deadlock.
Questions still unanswered
This process is, however, unlikely to address the heart of the problem which is that the AU has not defined the criteria for equitable representation of the five regions. Should the allocated seats represent the number of member states, the size of the population or other criteria?
If the number of states in a region is taken as a criterion for equitable allocation of seats, then the western and eastern Africa regions – with 15 and 14 member states respectively – should get an equal number of PSC seats. If population size or financial contribution to the AU’s budget is taken as a criterion, the redistribution may have to change from time to time.
Member states are increasingly competing for a seat as the PSC’s importance grows as a mechanism for influencing continental peace and security. Representation will, therefore, continue to be contentious among not only the five regions, but among member states of the same region.
Several western African states are uneasy about a restructure that involves losing the fourth seat
The PSC Protocol stipulates that a member should have the capacity and experience in peace and security to become a member, but this has been largely ignored in favour of rotational principles. The AU should address the criteria for equitable regional representation beyond redistribution of PSC seats. This will not only improve council dynamics, but may foster better collaboration on substantive peace and security matters.
Not official but in force
Current modalities for the distribution of the 15 PSC seats were developed in 2004. The document was to have been adopted by the Executive Council in March 2004, but the status of this document is not clear.
A 2016 Executive Council decision on ‘the modalities on the implementation of criteria for equitable geographical and gender representation in the AU organs’ on the other hand, allocated two seats to each region with one floating seat to rotate among the five regions.
However, as the total number of seats would then be 11, it is generally considered that this decision applies to other organs of the AU and not the PSC. So the mechanism for seat allocation for the five PSC regions remains to be officially clarified in a binding decision.
In practice, equitable regional representation has come to mean the distribution of PSC seats based on the 2004 modalities. Two seats were allocated to northern Africa with six members and the west had four seats, comprising 15 members. The central region with nine states, the southern region with 10 and the eastern region with 14 were allocated three seats each.
Thus, member states, particularly from northern Africa, argue that the current seat allocation is not based on an equitable distribution of available PSC seats. This is regardless of what criteria is said to have been used by the election modalities.
Why only two seats for the north?
African heads of state adopted the protocol establishing the PSC in 2002, effective in 2003. At the time, only Libya and Algeria subscribed to the protocol from among the six northern African states. Morocco was not yet an AU member, having only joined in 2017.
According to protocol rules of membership, only countries that adopted the protocol were eligible to run for election onto the PSC when it became functional in 2004. Thus, only Libya and Algeria joined the council in that year.
A PSC Protocol amendment may require AU legal processes and adoption by 55 member states
Several northern member states argue that the decision to ‘give’ their third seat to western Africa was based on a ‘gentlemen’s’ agreement between the deans of the northern and western regions, at the time from Nigeria and Algeria. The question is whether this holds any legal basis for continuation of the current mechanism for seat allocation.
Proposal for PSC restructuring
Northern states have reached consensus that trying to reclaim the extra seat from western Africa is futile for two reasons. First, they believe the proposal will not gain support from most AU member states. Second, they do not want to create a bad working relationship with western African countries even if they succeed.
They propose one of two options. The first involves adding two seats at the PSC, increasing the total number to 17 members instead of the current 15. As per this proposal, one seat would be given to the northern region, and the other would rotate among the four regions every two years. The second is to add six more seats, creating a 21-member PSC. One seat would be added for each region, while another would rotate among the five regions. Each proposal would retain the odd number of seats needed should an issue be put to the vote.
Challenges ahead
While the need to restructure the PSC has garnered general support, the proposal from northern Africa may not be acceptable to all member states. Opponents question the need to amend the PSC Protocol to restructure the PSC. They argue that an amendment would involve not only AU legal processes, but would require adoption by 55 member states. These countries would prefer that the third seat be returned to northern Africa and the current number of seats retained.
Several western African states are uneasy about a restructure that involves losing the fourth seat. The additional seat has allowed the region to make Nigeria a de facto permanent member of the council, and has simplified consensus-based rotation of PSC membership among the remaining countries. Restructuring would diminish the influence of western Africa, particularly the promotion of Economic Community of West African States positions at the PSC.
It will not be easy for member states to reach a consensus on the issue. Unless the summit decision is clear about the deadlines to end consultations, resolution may take years. Consultation should ensure that the 2004 modalities for PSC seat distribution, or a revised version, be officially adopted to put to rest concern over regional representation.
Image: © African Union/Flickr
