IS S U E 1 , 2 0 1 2 20 YEARS OF CONTRIBUTING TO PEACE ct1|2012 contents EDITORIAL 2 by Vasu Gounden FEATURES 3 Assessing the African Union’s Response to the Libyan Crisis by Sadiki Koko and Martha Bakwesegha-Osula 11 Emergent Conflict Resolution at Sea off Africa by Francois Vreÿ 19 Morocco’s Equity and Reconciliation Commission: A New Paradigm for Transitional Justice by Catherine Skroch 27 Crowdsourcing as a Tool in Conflict Prevention by Anne Kahl, Christy McConnell and William Tsuma 35 The Boko Haram Uprising and Insecurity in Nigeria: Intelligence Failure or Bad Governance? by Odomovo S. Afeno 42 Unclear Criteria for Statehood and its Implications for Peace and Stability In Africa by Abebe Aynete 49 A Critical Analysis of Cultural Explanations for the Violence in Jonglei State, South Sudan by Øystein H. Rolandsen and Ingrid Marie Breidlid conflict trends I 1 editorial By vasu gounden The African Centre for the Constructive Resolution of their respective peace negotiations as well as several of Disputes (ACCORD) was established in 1992. In that year the government delegations which have participated in we set as our mission: “ACCORD seeks to encourage and the peace negotiations. We have assisted mediators and promote the constructive resolution of disputes by the facilitators with mediation process strategies and thematic peoples of Africa and so assist in achieving political stability, knowledge, trained election observers in conflict resolution economic recovery and peaceful co-existence within just and skills, prepared peacekeepers in the civilian dimensions democratic societies”. To achieve this mission, over the 20 of peacekeeping, and established and implemented years of its existence ACCORD has employed some 200 full- reconciliation and post-conflict reconstruction initiatives. time staff and over 100 part-time consultants and associates. The test of all our efforts must be whether we have ACCORD currently employs about 100 full-time staff and 150 contributed to “achieving political stability, economic part-time associates. Today, 20 years later, we reflect on our recovery and peaceful co-existence within just and mission statement to assess how much we have achieved. democratic societies”. Many of the countries we have Firstly, we examine ACCORD’s contribution in building engaged in, such as South Africa, Mozambique, Angola, Africa’s capacity to address its conflicts. In 1992, there was Sierra Leone, and Rwanda enjoy relative stability. All of no capacity of any significance on the continent. Today, these countries have had regular and peaceful elections the African Peace and Security Architecture boasts several and some are even posting high economic growth rates. mechanisms in various stages of development, among them Other countries that we have been actively engaged with the Panel of the Wise supported by the Conflict Management like Burundi (since 1995), the Democratic Republic of the Division (CMD) of the African Union and the African Standby Congo and Somalia (since 1999), Sudan (since 2000) and Force supported by the Peace Support Operations Division Liberia (since 2002) are still experiencing different levels of (PSOD). ACCORD has one staff person seconded to CMD and instability. In addition, several countries such as Nigeria, another to PSOD to support both these mechanisms and we Ivory Coast, Tunisia, Libya and Egypt have recently entered have extensive capacity building initiatives in training and ‘crisis’ status. policy development with both mechanisms. In addition, Have we succeeded in our mission? The answer is a ACCORD is involved in the development of the peace and resounding yES! Our experience has taught us that Africa’s security capacity of several Regional Economic Communities conflicts are complex, multi-faceted social phenomena that (RECs) and individual governments in Africa. To this end we require skilled interventions and political will. Our response have trained over 15 000 Africans in conflict resolution skills. is therefore not complacency but a renewed determination Secondly, we examine ACCORD’s contribution to the to examine our efforts, assess our successes and failures, knowledge base of conflict resolution in Africa and globally. examine our context to understand the nature of the In 1998 ACCORD published this quarterly magazine, Conflict societies we engage with and consequently grasp how these Trends, for policy makers and practitioners and in 1999 conflicts will manifest themselves. We are fully committed to ACCORD launched Africa’s first conflict resolution journal, redoubling our efforts at capacity building and developing The African Journal of Conflict Resolution. Both publications new and innovative solutions for our continent and currently continue in production and are widely distributed globally. To achieve these goals we embrace a new African and read. In addition, each year ACCORD produces several consciousness that renders us responsible and accountable other publications on conflict resolution. for the challenges that our continent faces. Thirdly, we examine ACCORD’s role in supporting peace initiatives. Since its establishment in 1992, ACCORD has supported peace initiatives in 28 African countries. Vasu Gounden is the Founder and Executive Director We have prepared almost all the rebel groups in Africa for of ACCoRd. 2 I conflict trends Assessing the AfricAn Union’s response to the LibyAn crisis By SAdIki Koko and Martha BAkwesegha-Osula REUTERS / THE BIGGER PICTURE BIGGER THE / REUTERS Introduction and Egyptian ‘Revolutions’, the AU eventually capitalised On 22 August 2011, Libya’s National Transitional Council on the degeneration of the Libyan uprisings into a de (NTC) forces entered the country’s capital city, Tripoli, facto civil war to devise its roadmap for peace. This was driving away troops loyal to Colonel Muammar Gaddafi. consistent with its long-held practice in similar situations, If anything, the seizure of Tripoli by the NTC became a including a call for an immediate ceasefire to be followed rallying point for countries behind the North Atlantic Treaty by direct talks between parties under the facilitation of a Organisation (NATO)-led military alliance providing aerial third party. But for all its good intentions and purposes, bombardment support to the NTC to apply additional the AU’s peacemaking proposal failed to receive the pressure on the African Union (AU) to recognise the NTC as support of the NTC. The NTC’s position was bolstered by the legitimate government representing the people of Libya. the overwhelming backing it had received from NATO But over and beyond being simply a case for recognition, the fall of Tripoli into the hands of the NTC reignited the debate on the very relevance of the entire AU’s response to Above: Protesters take part in an anti-Gaddafi the Libyan crisis. demonstration outside the hotel where representatives Initially overtaken by the speed of developments of the African Union were meeting Libya’s rebel on the ground, as was the case earlier with the Tunisian leadership in Benghazi (11 April 2011). conflict trends I 3 REUTERS / THE BIGGER PICTURE BIGGER THE / REUTERS NATO Secretary-General Anders Fogh Rasmussen (left) walks beside the National Transitional Council’s Defence Minister Jalal al-digheily (right) upon his arrival at Mitiga airport in Tripoli (13 October 2011). Rasmussen hailed the end of the alliance’s military intervention in Libya, which helped bring about the overthrow and death of Muammar Gaddafi. powers, the Arab League, the United Nations (UN) and This article analyses the AU’s response to the Libyan even some individual African states. Faced with the spectre crisis as represented by its roadmap as well as its decision of isolation, the AU repeatedly denounced what clearly to recognise the NTC. It is the article’s central argument became a regime change agenda spearheaded by the that whereas the AU’s roadmap was consistent with the NATO powers on the fallacious justification of enforcing UN organisation’s practice on civil war situations, its decision to Security Council Resolution 1973 of 17 March 2011, with its recognise the NTC is in stark conflict with its legal positions, emphasis on the protection of Libyan civilians. yet despite its jurisprudence and even the very recommendations denouncing the means, the AU reluctantly recognised the put forward by its own Peace and Security Council (PSC) NTC as the legitimate government of Libya and authorised and High Level Ad Hoc Committee on Libya. The article its occupation of that country’s seat within AU structures. is divided into four sections dedicated respectively to the background of the Libyan state and crisis; an assessment of the AU’s roadmap and the reasons for its failure; and A retrospective assessment of an analysis of the rationale and implications of the AU’s Gaddafi’S 42-year rule over LibyA recognition of the NTC as well as of the way forward. paints A mixed picture OF encouraging Background to the Libyan State and Crisis successes in the socio-economic In order to fully understand the complexities of the recent crisis in Libya there is a need to delve into the sphere contrasted with appalling country’s past, especially with regard to state-society records of political governance relations as well as the evolution and nature of the Gaddafi 4 I conflict trends Greece, the Roman Empire, the Muslim world and h a h ripoli llonia) preindustrial Europe. yet European colonisation, which LIBYA r ya s (T ) po a i lu (A ilal w w u h l H a b a a u a s 's rna) Z r u a (De Z a ms S h z hu R rna -n started in 1911, can be considered as the most significant A T a Ti TUNISIA 4 l K Al Bayda D 's at A Ra Bumbah Al Marj (Barce) lij al Al' Aziziyah 5 Zlīten Kha Tar . Tubruq (Tobruk) hū .. Misratah Banghazi . factor contributing to the shaping of contemporary Libya.