Proposed PSC Retreat Review of the Implementation of the Livingstone Formula: Progress, Challenges and Opportunities February, 2014, Maseru, Lesotho CONCEPT NOTE (Draft Two) 1.
BACKGROUND
1.1.
Article 20 of the Protocol Relating to the Establishment of the African Union (AU) Peace and Security Council (2004) amongst others encourages non-governmental organizations, community based organizations and other civil society organizations to participate actively in the efforts aimed at promoting peace, security and stability in Africa. Moreover, Article 8 (10) (c) of the PSC Protocol together with Rule 15 2(b) of the Rules of Procedure of the PSC provides that the PSC can hold open meetings where international organizations and CSOs involved or interested in a conflict or a situation under consideration by the PSC can be invited to participate in the discussion relating to that conflict or situation.
1.2.
Furthermore, Article 12 (4) stipulates that the African Union Commission shall collaborate amongst others with research centers, academic institutions and Non Governmental Organizations (NGOs) in facilitating the effective functioning of the Early Warning System. Similarly, the African Standby Force is required to collaborate with, among others, CSOs in undertaking the various tasks assigned to it under Article 13 (4) of the PSC Protocol.
1.3.
In an effort to give effect to Article 20 of the PSC Protocol, the PSC at its Retreat on Working Methods held in July 2007 Dakar, Senegal, decided that an appropriate formula should be developed and approved by the PSC - allowing for the interaction between the PSC and CSOs. Therefore, in December 2008, a CSO Forum and a PSC Retreat were organized in Lusaka and Livingstone, Republic of Zambia to formulate an appropriate mechanism for interaction between the PSC and CSOs.
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1.4.
The following participated at the above PSC Retreat held in Livingstone: members of the African Union Peace and Security Council (PSC), staff of the AUC Peace and Security Department (PSD) and the Citizens and Diaspora Directorate of the AUC. Civil Society Organizations (CSOs) were represented in PSC Retreat in Livingstone by the Oxfam Liaison Office with the African Union and the Institute for Security Studies (the ISS). The outcome of this retreat was what is known as the Livingstone Formula (2008 PSC/PR/Comm (CLX)).
2.
PROVISIONS OF THE LIVINGSTONE FORMULA
2.1.
The Livingstone Formula begins by setting out conditions of interaction between PSC and CSOs, providing that the African Union Economic, Social and Cultural Council (ECOSOCC) will play the focal and coordinative role in the interaction between the PSC and CSOs. 1 In addition, it provides that for CSOs to engage with the PSC, they must conform to the relevant provisions in the AU Constitutive Act and the provisions in the PSC Protocol, especially article 8 (10) (c),2 as well as to the Rules of Procedure of the PSC namely, Rules 21 and 22. 3 The formula provides that CSOs intending to interact with the PSC should meet the ECOSOCC membership criteria provided under Article 6 of the Statutes of ECOSOCC which provides that CSOs intending to engage with the African Union:
 Shall be registered in an AU Member State in accordance with national legislation of the country;
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Shall uphold the objectives and principles of the African Union, as provided in Articles 3 and 4 of the Constitutive Act of the AU;
Shall be a member of a national, regional and continental organization or the African Diaspora, in pursuit of activities at the national, regional or continental level;
Shall be accredited, with the African Union (AU) or an African Regional Economic Community/Regional Mechanism (REC/RM);
Shall solemnly declare to uphold the objectives and principles of the AU, as well as the provisions governing the CSOs in an observer status with the AU Commission (AUC), or working with it, including the principle of impartiality.
Shall
belong to a recognized umbrella/network of CSOs.
2.2.
regional
or
continental
In addition to the prerequisites for interaction, the formula specifies the spaces and mechanisms for interaction. With regards to the spaces, the Livingstone Formula provides: For an Annual meeting between the PSC and ECOSOCC. This meeting should be held on a specific theme and should be timed in a manner that it coincides with the preparatory stages of the Report of the Peace and Security Council on its Activities and the Chairperson’s report on the state of peace and security in Africa, presented to the Assembly during Summit.4 CSOs can address the PSC at the invitation of Chairperson of the PSC in consultation with ‘all’ the members of the PSC.5
4 5
Para 5, Livingstone Formula, supra note 1 Para 6, Ibid
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CSOs can also submit reports to the AUC for consideration during the process of preparation of reports to the meetings of the PSC.6 CSOs, to the extent possible, are allowed to make submissions or provide information to PSC field missions and other AU factfinding missions. This opportunity is only available upon invitation and as long as the CSOs is able to meet its own costs.7 2.3.
In terms of necessary mechanism to make the interaction possible, the Formula provides that the PSC Chairperson may invite, in consultation with all PSC members and the Commission, on a case by case basis, when so required and when a request comes from the CSO.8 Likewise, the Chairperson of the Commission is allowed to consider an application for accreditation of a Civil Society Organization representative to participate in a PSC meeting to which he/she is invited in accordance with the PSC rules of procedure.9
2.4.
The CSOs contributing towards the work of the PSC in promotion of peace, security and stability in Africa may under the Livingstone Formula organise and undertake their activities in the following areas:
Conflict prevention – may provide technical support to AU Field and fact-finding missions and may undertake early warning reporting, situation analysis and research that feeds information into the decision-making process of the PSC;
Peace-making and mediation – may assist and advise mediation teams and provide information to special envoys/representatives of the AUC Chairperson. They may also participate in giving publicity to the peace-making process.
Para 7, ibid Para 8, ibid 8 Mechanism for facilitating interaction, Livingston formula, ibid 9 Ibid 6 7
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Peacekeeping – may support the PSC authorized peacekeeping missions by undertaking aspects of the civilian component of the operation.
Support Humanitarian, Peace-building and Post Conflict Reconstruction and Development (PCRD) efforts - during and in the aftermath of the conflict, CSOs may support peace-making, peace-building, humanitarian assistance, reconciliation and PCRD efforts.
Training - may provide training and other initiatives aimed at imparting skills and knowledge on peace building for specific parties to a conflict or for countries and regions that require such training and may support mediation efforts by providing information on particular aspects of that process.
Advocacy/publicity for PSC Decisions – may play a complementary role in publicizing PSC decisions and activities, using their wide networks – within and outside of Africa.10
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3.
STATUS OF IMPLEMENTATION OF THE LIVINGSTONE FORMULA
3.1.
At the invitation of the PSC a number of CSOs and international organizations have been invited by the Chairperson of the PSC to participate in open meetings that have enriched the PSC’s deliberations. For example, at its 391st session, Institute of Peace and Security Studies (ISS), Oxfam and other humanitarian agencies were invited to address the PSC on the protection of civilians and humanitarian situation in DRC and CAR. On July 11 2011, the ISS delivered a briefing to the PSC on the North African popular uprisings and the role of the Africa Peace and Security Architecture (APSA).
See para 9 – 18, Livingstone Formula, supra note. 1
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3.2.
The ISS also briefed the members on capacity for responding to humanitarian crises in Africa during the 333rd Session in September 2012. Earlier women survivors of sexual violence during armed conflict from Côte d’Ivoire, the Democratic Republic of Congo, Guinea, Kenya, Somalia, South Sudan, Uganda and Zimbabwe had the opportunity to address the PSC on the issue of women and children in armed conflict in Africa in open session in 2010 and 2011. On 21st November 2012, at the invitation of the PSC November Chair, the Gambia, Oxfam International, UN Women and CSO actors, discussed with the PSC the link between development, peace and security. Subsequently the PSC issued a Press Statement emphasizing that the primary responsibility for ensuring development, peace and security in the African continent lies with the African states and its peoples.
4.
THE CASE FOR REVIEWING THE LIVINGSTONE FORMULA
4.1.
This interaction between CSOs and PSC has however not fully exhausted all the opportunities outlined in the Livingstone Formula whilst also highlighting a number of deficiencies in the Formula. While the increasing participation of CSOs is commendable, it remains ad hoc and lacks an institutionalized approach despite some of the CSOs proximity to the affected populations in the conflict affected parts. In this context, given the central role that the monthly Chairperson of the PSC and the PSC Secretariat play in the formulation of the program of work of the PSC, it is worthwhile to explore what additional role they can play in operationalizing the Livingston Formula by regularly taping into the expertise and independent perspectives of CSOs.
4.2.
Additionally, while the Livingstone Formula identifies a wide range of areas for CSOs involvement in the work of the PSC, the experience so far shows that the involvement of CSOs is limited to delivering expert briefings to the PSC on issues on its agenda and presenting their perspectives on few thematic issues addressed during open sessions of the PSC. Areas such as provision of support for mediation and
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peacemaking efforts, provision of regular expertise advise on early warning and peace support operations and training on the activities and workings of the PSC are not developed as important areas of CSOs collaboration with the PSC. This is also one of the gaps in the operationalization of the Livingston Formula that should also be rectified. 4.3.
The areas of engagement of CSOs particularly in terms of training and PSC interaction with civil society should also be expanded. In this regard, the experience of the UN Security Council, which can be instructive for the PSC, shows that CSOs undertaking substantive work on the UN Security Council’s work offer periodic induction to new members of the Council. This is intended to bring the new members up to speed on the issues that are on the agenda of the Council and on institutional developments (such as working methods) that the new members need to be aware of for their effective participation in the deliberations of the Council. Accordingly, it would be useful to reflect this in updating the Livingstone Formula.
4.4.
According to the Livingstone Formula, ECOSOCC is the focal point in the facilitation of interaction between PSC and CSOs. Reflected above, the formula also calls for the convening of an annual consultative meeting between PSC and ECOSOCC to bring CSOs input the preparatory stages of PSC Report to the AU Assembly on its activities and the state of peace and security in Africa. However since the formula’s adoption in 2008, the PSC and ECOSOCC have not held an annual consultative meeting. As a result, CSOs did make no contribution for enriching the bi-annually PSC Report to the AU Assembly on its activities and the state of peace and security in Africa.
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Recent AU Decisions on CSOs participation 4.5
The Assembly of the African Union in a Declaration st Assembly/AU/Decl.1 (XXI) adopted at its 21 Ordinary Session held in Addis Ababa, Ethiopia in May, 2013, in Para. 7 has called upon the African civil society to continue to play its positive role in promoting peace, security and stability as called for by the PSC Protocol. The Assembly further requested the Commission and the PSC to take all necessary steps to enhance interaction with civil society.
4.6
In a statement of the 391st PSC Open Session of 19th August 2013, the PSC members agreed to operationalize the Livingstone formula to facilitate its interaction with civil society organizations in the area of peace and security.
5.
THE PSC RETREAT ON THE REVIEW OF IMPLEMENTATION OF THE LIVINGSTONE FORMULA
5.1
THE
Given the above context, the Kingdom of Lesotho would like to propose to host a PSC Retreat in Maseru, Lesotho during the month of February, 2014 when it assumes the PSC Chair. The Retreat will on the Review of the Implementation of the Livingstone Formula under the theme: Progress, Challenges and Opportunities. This Retreat is convened pursuant to Article 20 of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union as well as Declaration Assembly/AU/Decl.1 (XXI) of the Assembly of the African Union adopted in at its 21 st Ordinary Session held in Addis Ababa, Ethiopia, in May, 2013 and the overall agreement of the PSC to operationalize the Livingstone Formula as reflected in its Statement of the 391st PSC Open Session held of 19th August 2013.
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5.2The main objective of the Retreat is to review progress, challenges and opportunities in the implementation of the Livingstone Formula. It is expected that the PSC will propose concrete mechanisms to operationalize the formula as well as consider amendments as may be appropriate. The process will include a forum to enable an in-depth conversation on the formula among CSOs and a retreat of members of the PSC where resolutions from the CSO forum will be considered. 5.3It is Lesotho’s view that the PSC Retreat - in planning - will contribute to enhancing the effectiveness of the PSC in fully executing its mandate. In particular, it is view of Lesotho that the Retreat will enhance and consolidate interaction between the PSC and civil society organizations in the area of peace and security. The Retreat will also afford the PSC and CSOs an opportunity to review progress and identify challenges and opportunities in the implementation of the Livingstone Formula 6.
PARTICIPANTS
Permanent Representatives of Member States of the Peace and Security Council
ECOSOCC Members and its Secretariat ( Citizens 60 representatives drawn from grassroots, local, national and international CSOs working in peace and security in Africa;
Regional Economic Communities (RECs) representatives
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7.
OBJECTIVES OF THE RETREAT
7.1.
The main objective of the retreat is to review and fully implement the Livingstone Formula. Specifically:
Provide a forum bringing together representatives of community based, national and international CSOs working in conflict prevention, management and resolution in Africa in order to evaluate the implementation of the Livingstone formula and make proposals on way forward;
Hold a retreat for members of the PSC to enable them interact with CSOs and review the Livingstone formula. 8.
EXPECTED OUTCOMES
A reflection on the PSC and CSO cooperation and strengthened partnership in promoting peace, security and stability in Africa.
Elaborate mechanisms for the full operationalisation of the Livingston formula.
60 CSO representatives participate in the CSO forum and present submission on the full operationalisation of the Livingston Formula to the PSC
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