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ISS Peace and Security Council Report, No 60 ISSUE 60 | JULY 2014 In this issue n On the Agenda The PSC recently decided to lift Egypt’s suspension from the AU. What does this mean for the AU’s stance on unconstitutional changes of government? n Situation Analysis As the political and security situation in Libya continues to worsen, the AU has put the country Peace & back on its agenda. The PSC will have to deal with several major issues as it increases its engagement in this country. Security n Addis Insights A spotlight on post-conflict reconstruction and Council development in Africa shows that the PSC has to closely monitor countries coming out of conflict. Ending all wars in Africa by 2020 might be an Repor t ambitious deadline; but AU members should nevertheless be galvanised to work towards this goal. UN Secretary General Ban Ki-moon has emphasised the UN’s commitment to work with the AU on issues of peacekeeping; particularly in the Central African Republic, Somalia and South Sudan. “ Far-reaching “ Libya back on “ Silencing the guns implications of the the agenda of to end all wars in PSC’s decision the PSC Africa by 2020 on Egypt Page 2 Page 5 Page 10 PSC REPORT JULY - PROOF 5 SIGNOFF_REPRO_COLOUR.indd 1 2014/07/23 10:54 AM PEACE AND SECURITY COUNCIL REPORT On the Agenda Far-reaching implications of the PSC’s decision on Egypt In June 2014, the Peace and Security Council (PSC) took a decision with far-reaching consequences when it lifted Egypt’s suspension of its participation in the African Union’s activities. Unlike similar Council decisions – including Since then this rule has been enforced the one on Guinea-Bissau adopted the on countries that have experienced same day PSC/PR/BR.(CCCLXXII) – this unconstitutional change of government, decision invites critical questions on including Guinea, Niger, Madagascar, the credibility of the African Union (AU) Mali and Central African Republic. and the future application of its norm on unconstitutional changes of government It is not in dispute that President Abdel (UCG). Contrary to the AU’s rule banning Fattah el-Sisi played a central role in Egypt’s perpetrators of unconstitutional change unconstitutional change of government on of government, this decision can be 3 July 2013. In this regard, the final report interpreted as conferring legitimacy on PSC/AHG/4.(CDXVI) of the AU High-Level the election of a president who was Panel on Egypt (the Panel) held that the responsible for the unconstitutional election as president of ‘Field Marshal change of government in Egypt. el-Sisi, who was the Head of the Army This decision invites critical questions on the credibility of the African Union and the future application of its norm on unconstitutional changes of government Current PSC Chair H.E. Rachid Benlounes The rule banning perpetrators from and Minister of Defence at the time of the Ambassador of Algeria to participating in elections held to restore unconstitutional change of government, Ethiopia constitutional order was first introduced poses a serious challenge to the AU as when the Charter on Democracy, Permanent Representative to the to how to address the resumption of Election and Governance was adopted AU and UNECA Egypt’s participation in AU activities’. in 2007. However, this ban became The AU’s concern was that lifting Egypt’s Current members legally binding only in 2010 when the suspension upon the election of the person of the PSC: AU Assembly adopted its ‘Decision responsible for the unconstitutional change (Assembly/AHG/Dec.269.(XIV) Rev.1) could constitute direct disregard for a Algeria, Burundi, Chad, on the prevention of unconstitutional clear rule of the AU norm proscribing the Ethiopia, Equatorial Guinea, changes of government and legitimisation of unconstitutional changes The Gambia, Guinea, Libya, strengthening the capacity of the through elections. Mozambique, Namibia, African Union to manage such situations’ Niger, Nigeria, South Africa, at its 14th ordinary session held from Now that the suspension has been lifted, Tanzania, Uganda 31 January to 2 February 2010. the main issue is how it affects the AU 2 PEACE AND SECURITY COUNCIL REPORT PSC REPORT JULY - PROOF 5 SIGNOFF_REPRO_COLOUR.indd 2 2014/07/23 10:54 AM and its norm on UCG. Apart from being of the Panel, particularly with respect to considered a breach of a legally binding the ‘continued engagement of the AU to rule, this decision could lead to charges effectively contribute to the follow-up and of double standards being levelled against implementation of the recommendations the AU. This is particularly due to the of the Panel and submission of regular fact that this rule was applied in similar reports to the Council’. situations in other AU member states, including Guinea, Niger and Madagascar. A closer look at the dynamics surrounding In the case of Madagascar, the AU even the Council’s decision offers important warned that it would not recognise insights into the overall political and elections in which Andry Rajoelina, the diplomatic environment that shaped leader of the group responsible for the this outcome. overthrow of the Madagascan government The difficult atmosphere that the Egyptian in 2009, participated. authorities created not only affected the The AU also faces the prospect of work of the Panel but also challenged the setting a precedent that undermines the authority of the PSC. In this regard, one of Egypt had deployed a robust campaign lobbying the AU Commission members of the PSC and the Panel to ensure that its suspension was ended legitimacy of this rule for application the recommendations of the Panel, in future cases. In the event of the on which the PSC acted, stated that occurrence of an unconstitutional ‘in view of Egypt’s … rejection of the JUNE change of government in another AU PSC decisions, it is critical that [the] member state, there is now a serious risk Council informs Egypt of its obligations 2014 that those responsible will cite Egypt’s under the PSC Protocol and the AU 17 example to justify the legitimacy of their Constitutive Act’. THE date THE PSC TOOK participation in elections held to restore ITS DECISION ON EGYPT Egypt had deployed a robust campaign constitutional order. lobbying the AU Commission (AUC), In an apparent move to mitigate these members of the PSC and the Panel to consequences, the PSC added certain ensure that its suspension was ended. caveats to its decision. First, the Council At a meeting of Arab ambassadors in stated that it adopted its decision ‘on the Addis Ababa held before the PSC had understanding that it does not constitute taken a decision, a senior AUC official a precedent in terms of adherence to reportedly suggested that Egypt’s the relevant provisions of the ‘Decision suspension would be lifted. When (Assembly/AHG/Dec.269.(XIV) Rev.1) the PSC adopted its monthly work on the prevention of unconstitutional programme for June, the date scheduled changes of government and for it to consider the Panel’s report and A SIGNIFICANT strengthening the capacity of the African take a decision on Egypt was 25 June recommendation IS THE PROPOSAL TO PRODUCE Union to manage such situations’ and 2014. This date was brought forward to GUIDELINES TO ASSESS ‘article 24 (5) of the African Charter on 17 June, allowing the AU enough time THE compatibiLITY OF Democracy, Elections and Governance’. to invite Egypt to participate in the UNCONSTITUTIONAL 23rd ordinary session of the AU Second, notwithstanding the lifting of CHANGES THROUGH Assembly held on 26–27 June 2014. the suspension, the Council decided POPULAR UPRISINGS WITH to keep Egypt on its agenda. This was Within the PSC, members held positions THE AU’S NORM ON UCG. done by endorsing the recommendations that can be classified into three groups. ISSUE 60 • JULY 2014 3 PSC REPORT JULY - PROOF 5 SIGNOFF_REPRO_COLOUR.indd 3 2014/07/23 10:54 AM PEACE AND SECURITY COUNCIL REPORT The first was those states that advocated to the African Commission on Human date by the Council at the level of for the lifting of Egypt’s suspension and and Peoples’ Rights to undertake an Heads of State and Government, the which mainly comprised North African assessment of the human rights situation Council’s endorsement of the above states. The second was those states and submit [a] report for the Council’. elements as guidelines certainly fills the concerned about the implications of existing lacunae in the norm on UCG Another very significant recommendation, reinstating Egypt in circumstances not vis-à-vis changes of government in the with major implications for the AU norm fully in line with established AU rules. context of popular uprisings. on UCG, is the proposal for elaborating This group included some Southern guidelines for assessing the compatibility Although much of the attention has African states and a few others from of unconstitutional changes through popular been focussed on the Council’s lifting West and East Africa. The third was uprisings with the AU’s norm on UCG. Egypt’s suspension, its decision reflects the majority of states, who had no firm position on the issue and were hence inclined to be guided by the Significantly, the lifting of the suspension did not result Panel’s recommendations. in Egypt’s removal from the PSC’s agenda While this might not have been decisive, the AU and its member states were Taking into account recent events in an understandable lack of enthusiasm also aware of major international actors’ North Africa, including in Egypt, and on the part of the AU to ratify the enthusiastic response to the outcome the challenges faced in applying the conditions in Egypt as manifesting the of the presidential election held in AU norm on UCG to popular uprisings, full restoration of constitutional order and Egypt on 25–27 May 2014.
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