Time for the Council to tick the ballot box?
Amid protracted insecurity, the Council should consider voting to accelerate and strengthen its decision-making.
In line with its mandate as the primary organ preventing, managing and resolving conflicts on the continent, the Peace and Security Council (PSC) considered and deliberated on several situations during 2023. Chief among them were the July and August 2023 unconstitutional changes of government (UCGs) in Niger and Gabon.
Unlike in previous years, Council deliberations were tense due to the issues addressed and the divergence of national and regional positions. Particularly notable were matters emerging from the military takeover in Niger, which split the Council along regional lines. Consequently, voting as a means of deciding outcomes was broached. While some policymakers did not welcome the idea, others mentioned that it could lead to swift and more robust decisions.
The Council has been reluctant to vote, fearing the risk of fragmentation. However, the ballot is a statutory decision-making mechanism that shouldn’t be ruled out from the PSC’s options for prompt decision-making, especially in situations of intense divergence of national/regional positions. In the current volatile context in Africa, where timely resolutions are needed, should the Council consider voting to overcome tensions?
Decision-making norms
PSC Protocol Article 8(12) states that PSC decision-making is primarily by consensus. Where this is not possible, decisions on procedural matters may be taken by a simple majority and those on all other matters by a two-thirds majority vote of PSC members. By applying this, the Council has consistently made decisions through consensus since its inception in 2004. Member states constantly lobby peers to back their stances. This has been the basis for the Council’s more than 1 184 consensus-based outcomes.
The Council has consistently made decisions through consensus since 2004
The consensus-based approach has been challenging, particularly as the African Union (AU) Constitutive Act and PSC Protocol provide little guidance on its implementation. Although the PSC has stepped up the development of working methods to improve decision-making, the status quo remains. Furthermore, in the case of a stalemate, it’s unclear whether the process of voting is time-bound. Consequently, deliberations are often prolonged and the resulting consensus is not necessarily the most useful outcome for the Council.
Against this backdrop, the debate on voting is gradually gaining weight in certain AU policy circles and among experts, as many find voting important for making swift and impactful decisions. Some argue that the Council’s reluctance should be no reason for member states to fear ballots, given that voting could accelerate decision-making and bring smoothness and transparency to its decisions.
While both voting and consensus-based decision-making do not necessarily exclude lobbying, over-reliance on consensus in cases of intense divisions and sensitivities could lead to decisions driven by minority interests. Some experts suggest that voting could produce similar outcomes.
However, such arguments remain essentially speculative, as empirical data from PSC practice is lacking to confirm or refute such a claim. Voting might not be a panacea but Council decisions and dynamics in 2023 made the need to consider it indispensable.
Need for voting
Economic Community of West African States (ECOWAS) push for endorsement of its decisions in the PSC in the case of Niger met resistance from other Council members. West Africa’s Council members ― Ghana, the Gambia, Senegal and Nigeria ― advocated blanket sanctions against Niger’s de facto authorities, suspension of the country and deployment of troops to restore constitutional order
Voting could accelerate decision-making and bring transparency to PSC decisions
Other members, mainly from Southern Africa, notably South Africa and Namibia, opposed West Africa’s demand. After prolonged debates and intense lobbying to reach consensus, the Council dragged its feet before suspending Niger from the AU approximately three weeks after the coup occurred. This indicates the PSC’s emerging behaviour away from its principled norm of swift suspension of countries contravening the Lomé Declaration against UCGs.
Similarly, high on the PSC agenda in 2023 were sanctions against UCGs. In May 2023, the draft framework on sanctions was examined in Zanzibar, Tanzania. However, differences in states’ positions on some aspects ― which could have been decided by voting ― delayed the process by several months. The draft was eventually adopted in Tunis in November 2023. If it had been put to the vote, adoption may have been faster, as most states had no concerns about the draft.
A major issue that could call for voting is North Africa’s rising interest in claiming its third Council seat. Current thinking in some policy circles is that ECOWAS could relinquish its fourth seat to North Africa. Certain Council members from southern Africa deem this fair, as it aligns with the AU Constitutive Act and PSC Protocol principle of equal representation. ECOWAS, however, maintains that Council representation should be proportional, based on the number of countries in regional blocs.
Without voting, talks could drag on, and create Council rifts
Another option is increasing the Council’s seats from 15 to 17. One of the additional seats would go to North Africa, while the second would be a floating seat to be rotated among other Council members, excluding ECOWAS members. ECOWAS is opposed to its proposed exclusion from the rotation.
Even though the Council has not officially addressed the issue, interviews with PSC Report reveal tensions in discussions behind the scenes. It is unlikely that the Council will reach consensus without voting on this issue. Otherwise, talks could be protracted, have no tangible results and create rifts within the Council.
Implications
While the Council has made strides with consensus-based decision-making, it is time for flexibility in considering voting when there is a clear lack of consensus. This would align with the PSC Protocol and help overcome delays in reaching conclusions and resolve tensions that could threaten the cordial regional and bilateral relations necessary for a strong Council. To further refine its working methods, the PSC should also consider establishing contexts and timeframes that should automatically trigger voting.
