26^th Ordinary Summit of Heads of State of the African Union

Addis Ababa, 24^th – 31^st January 2016

This update – 7^th January 2016

Background

The year 2016 has been declared by the Assembly of the African Union as the “African Year of Human Rights with Specific focus on Women’s Rights”. Both bi-annual Summits of the AU will be organised around this theme. According to the AU, the theme is premised on the realisation that 2016 marks watershed in the continent’s efforts to promote and protect human rights, also taking stock of the gains that have been made over the years by continental human rights bodies. It marks the 35^th Anniversary since the adoption African Charter on Human and People’s rights; 29^th Anniversary of the operationalization of the African Union Commission on Human Rights, 13 years of the adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and the 10^th Anniversary of the operationalization of the African Court on Human and Peoples’ Rights.

African leaders have endorsed human rights in national, regional, continental and international instruments. However, the effective implementation of key AU Human rights and governance instruments, including the African Charter on Human and Peoples’ Rights, the African Charter on Election and Democracy and Good Governance by the majority of member states is still lacking. Upholding of human and women’s rights remains an indispensable pillar for good governance, viable democratic society and sustainable development.

There is enough indication across the continent that the most violent conflicts are  a result of violations of human rights or perpetration of injustice. The holding of elections, have also failed to address governance deficits.

The AU’ 2016 theme therefore provides an opportunity for African leaders and citizens to assess the implementation of instruments, operationalization of the African Governance Architecture and other mechanisms, as well as the involvement of civil society.

The Chairmanship of the Union

From Mugabe to  Idriss Deby?- The controversial tenure of President Robert Mugabe as AU Chairperson will end in January, with a possibility of his successor being the Chadian Idriss Deby , (Central Africa) according to rumours about a consensus within the region.

Elections of the AUC – The term of office of the current African Union Commission (AUC) is ending and new elections are scheduled for the June/July 2016 Summit. It is not clear yet if the current AUC Chairperson, Dr. Dlamini Zuma, will be seeking re-election. Some rumours are indicating that she will not.  However, current Deputy Chairperson, and two other commissioners second mandate ends and are not eligible for re-elections, while the remaining six commissioners can still contest. The other burning issue about this election is the necessary review of the rules of procedures of the policy organs in order to avoid the complications observed 4 years ago during the election of the Chairperson. The upcoming summit creates avenue for political bargaining of the elections.

It is however very important that the leadership of the AU Commission is chosen on the basis of competency and experience  if we want to see effectiveness in  the realisation of  its mandate.

Burundi Conflict – The on-going conflict in Burundi will surely be heavily discussed formally and informally at the highest level during the Summit especially given the decision of the Peace and Security Council to authorise the deployment of troops to protect civilians in Burundi; a decision that the Government of Burundi has challenged and rejected. Would the Assembly of the Union use the article 4h of the AU Constitutive Act and decide a deployment of troops without the consent of Burundi? Would Burundian army fight AU troops in Burundi while at the same time Burundian’s troop are fighting on AU side to maintain peace in other African conflict affected countries? Or would the heads of state decide to give a chance to a re-energized mediation first and/or would they try to find a different/consensus solution that ensure the protection of innocent civilians? What role for the UN in this? The UNSC is yet to formally endorse the PSC decision. It is not clear why this has been delayed until now…

The other element will be the expected full report of the African Commission on Human and People’s Rights following their “investigation” in Burundi. Would this report be published or hidden?

Overhaul of the Peace and Security Council (PSC) – Major change in the composition of the PSC is expected as the mandate of all current 15 members expires. This is the 2^nd time in the life of the PSC that both the two and three year terms at ending at the same time.

Non-State Actors/Observers’ Space: The good news is that the African Union Commission has issued invitations to observers including CSOs, non-African countries and inter-governmental organizations. Civil Society organizations are planning also to host a People’s Summit, a Citizens’ Continental Conference prior to the Summit to discuss issues on the agenda and formulate recommendations to delegations. (Contact: info@ccpau.org).

Understanding the African Union – Annual Training: Oxfam International Liaison Office to the African Union and the Directorate of Information and Communication of the African Union Commission will host their usual joint annual training for citizens and media practitioners titled “Understanding and Engaging the African Union”: http://au.int/en/newsevents/19540/pre-summit-aucoxfam-workshop-%E2%80%9Cunderstanding-african-union%E2%80%9D-structures-and-decision (Contact: addisababa@oxfaminternational.org)

Working Methods of the Union: In accordance to previous decisions to improve working methods of the Union, the Agenda of the Assembly will likely be simplified and time for speeches likely be reduced.

The theme of the year will be symbolically launched during the January Summit and deeply discussed during the June/July Summit. However, a number of related activities will be organised throughout the year with the AU planning to launch and conduct publications, dialogue forums and a continental conference on human rights in Africa which is expected to adopt a 10 year Action Plan on the promotion and protection of human rights on the continent to be submitted to the January 2017 Summit for adoption.

The January 2016 Summit is expected to discuss various other issues. The Summit will be, as usual organised in 3 steps:

– The Permanent Representatives Committee, PRC (Ambassadors): 21-23 January

– The Executive Council (Ministers of Foreign Affairs): 27-28 January

– The Assembly of the AU (Heads of State and Government) 30-31 January

A number of other parallel/side meetings will also normally be held by states and non-state actors. See an unofficial calendar here: http://issuu.com/assogbavi/docs/unofficial_calendar_of_au_summit_ev

What else will be discussed in the Summit?

Beside the official launch of the theme of the Summit “African Year of Human Rights with specific focus on Women’s Right”, no major decision is expected to be taken on this issue. The following other issues are expected to be discussed:

Alternative Source of Financing the African Union: The Assembly decided during its 25^th ordinary session in south Africa to implement its decision (assembly/AU/Dec.561(XXIV) on alternative sources of funding where member states enhances ownership of the budget of the union by financing 100% of operating budget, 75% of programs and 25% of peace and security budget effective January 2016 to be phased incrementally over a five year period. A follow up discussion may happen during this summit on the level of implementation and agreement on the scale of assessment to implement the financing from member states.

I would be really surprised if this decision is implemented any time soon by AU member states with the current situation.  Currently more than 70% of the overall budget of the AU is paid by external partners and the collection of the 30% or less from the 54 members of the Union is a real challenge. In 2015 for example less that 60% of the assessed contribution of the year has been paid. More than 30 member states are currently indebted to the African Union with the current scale of assessment, let alone an increased scale…

Peace and Security: The Summit will review the state of peace and security on the continent and will adopt an omnibus decision on each situation. Hotspots include Burundi, South Sudan, Sudan, DRC, Somalia, CAR, Western Sahara and Mali. It is also expected that terrorism including the situations in Nigeria and Kenya will come up.

Implementation of AU Decisions: An independent study has shown a few years ago that less than 10% of the decisions taken by the African Union are fully implemented. This situation is even getting worse and is seriously affecting the credibility of the African Union. The summit would have to take this issue seriously. The AU Commission will prepare a report on the current situation to be discussed by the Summit.

International Criminal Court: During the July 2015 Summit in South Africa, the Assembly directed the AUC Commission to ensure that the AU is added as An amicus curiae (friend of the Court) to on-going cases of African Leaders at the ICC. The Assembly is expected to hear progress on implementation of previous decisions on ICC and adopt a declaration on the same.

Common African Position on the World Humanitarian Summit: The Assembly is expected to adopt the common position of the African Union on Humanitarian Effectiveness to be submitted to the World Humanitarian Summit (WHS) scheduled for Istanbul, Turkey in May 2016. The Common position was developed through a consultative process in all five regions of the African Union and is aimed at ensuring that Africa’s participation in the WSH is both united and effective.

Illicit Financial Flow and exploitation of mineral resources of Africa: Illicit outflow from Africa are estimated for about $ 50-60 billion per year. This represents about 1 billion leaving the continent every week mainly through extractive industries, tax evasion and trade mispricing. This issue should be definitely linked the financing for the development of the continent which will bring solution to the numerous other problems that we are facing.

Migration : The 2016 January summit, is expected to deliberate on migration within the continent and will further discuss the issue of freedom of movement of persons and services, as well as the need to have one Africa passport – envisioning ‘Schengen Approach’ and development of a Protocol on Free Movement of Persons. Migration has been making its way gradually towards the top of the continental and international affairs agenda. During the recent European Union (EU) – Africa Summit in Valletta in November 2015 the AU and EU identified five priority areas for future cooperation. While Africa stressed more on the need to address the root causes of mobility, the European Union concentrated on issues around returning, readmission and reintegration.

African Union Agenda 2063: Agenda 2063 has been adopted at the African Union Summit by African Heads of State and Government as the Continent’s new long-term vision for the next 50 years. An ambitious 10-years implementation plan has been adopted in South Africa in July including an Integrated High Speed Train Network, the Continental Free Trade Area, the African Passport and Free Movement of people, Unification of African Air Space, the Grand Inga Dam Project etc. The Implementation of the 10-years plan will be discussed in the summit. Also report is expected from member states with respect to domestication of the Agenda 2063.