AU-PSC on Election related Conflicts in Africa

AFRICAN UNION

UNION AFRICAINE UNIﾃグ AFRICANA

Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251-11) 5513 822 Fax: (251-11) 5519 321 Email: situationroom@africa-union.org PEACE AND SECURITY COUNCIL 480th MEETING 14 JANUARY 2015 ADDIS ABABA, ETHIOPIA

CONCEPT NOTE

OPEN SESSION OF THE PEACE AND SECURITY COUNCIL (PSC) ON THE THEME:PREVENTION OF ELECTION-RELATED CONFLICTS IN AFRICA

I.

INTRODUCTION

1.

The African Union has an expansive and robust normative framework for the promotion of democratisation, peace and security through the holidng of regular credible and transparent elections. In its article 3g, the 2000 Constitutive Act of the African Union (AU) commits AU member states to “democratic principles and institutions”. As part of its objectoves, the Constitutive Act of the AU espeouses the: · · ·

Promotion of peace, security and stability on the continent; Promotion of democratic principles and institutions, popular participation and good governance; and Promotion and protection of human and peoples’ rights in accordance with the African Charter on Peoples’ and Human Rights and other relevant human rights instruments (Constitutive Act of the AU, 2000:5-6).

2.

The 2000 Conference on Security, Stability, Development and Cooperation (CSSDCA) commits AU member states to pursue peace and security, political stability, socio-economic development and regional/continental cooperation and integration. The Declaration states that “democracy, good governance, respect for human and peoples’ rights and the rule of law are pre-requisites for the security, stability and development of the continent” (CSSDCA Solemn Declaration, 2000, article 9h).

3.

Article 4 of the Protocol Relating to the Establishment the Peace and Security Council of the African Union has as one of its objcetives to “ptomote and encouragedemocratic practices, good governance and the rule of law, protect human human human rights and fundamental freedoms, respect for the sanctity of human life and international humanitarian law, as part of efforts for preventing conflicts” (article 3f). Two of the principles espoused by this Protocol are “peaceful settlement of disputes and conflicts” (article 4a) and “early response to contain crisis situations so as to prevent them from developing into full-blown conflicts” (4b).

4.

The African Charter on Democracy, Elections and Governance, adopted by the Heads of State and Government in Addis Ababa reinforces the commitment of AU member states to hold credible, transparent and legitimate elections that enhance democratic governance and in the process promoting peace, security and political stability all of which are critical pre-requisites for socio-economic development. The Charter builds on the 2002 OAU/AU Declaration on the Principle Governing Democratic Elections in Africa. The Charter implores AU member states to strive towards holding genuine and credible elections with legitimate and acceptable outcomes.

To this end, the Charter exhorts member states to: · ·

Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections; Establish and strengthen national mechanisms that redress election-related disputes in a timely manner; 1

· ·

Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections; Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them through exclusively legal channels.

5.

It is evident that the African Union has the requisite norms and values for the promotion of democratisation, peace and security though, inter alia prevention of election-related conflicts. Even the Regional Economic Communities (RECs), the building blocks of the Union, also have similar norms specific to their own contexts. However, the major challenge facing both the AU and the RECs is the gap that exists between the norms as an aspiration and their actual implementation at national level of their Member States. Member States of the African Union and RECs need to muster all the political commitment necessary to ratify, domesticate and implement all the shared values relating to democracy, peace and security including the prevention of election-related conflicts.

II.

RATIONALE AND CONTEXT

6.

In 2014, there were 14 elections held by Member States of the African Union. In 2015, 18 elections are planned to be held by AU Member States. Fortunately, in 2014, the African continent did not experience election-related violence of the magnitude akin to what we witnessed in Kenya in 2007/08. It is gratifying that Kenya undertook comprehensive constitutional, institutional and electoral reforms which contributed immensely to the peaceful, democratic and credible elections of March 2013. Given the positive developments in Kenya post-2013 elections and the relatively peaceful elections held in Africa during 2014, three questions suggest themselves for Africa in respect of election-related political violence as we enter 2015 with a heavy electoral calander: i.

Will Africa’s 18 elections planned for 2015 be democratic, credible and peaceful?

ii.

Will these elections turn out to be undemocratic, fradulent and violence-ridden?

iii.

In order to ensure that the elections are peaceful and less violence-ridden, how best can AU Member States put in place effective conflict prevention mechanisms early enough with assistance from the Regional Economic Communities and the African Union?

7.

Fundamentally, it was these three vexing questions that compelled the Peace and Security Council of the African Union to convene an Open Session on ‘Prevetion of ElectionRelated Conflcits in Africa’, slated for 14 January 2015 in Addis Ababa, Ethiopia. This concept note aims to provide background and rationale for this Open Session and lay out some of the key issues to be addressed by this session.

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8.

An election is a process whereby a people belonging to a particular territorial state and under the authority of a single institutional state, the electorate (those who are entitled to vote) or the voters (those who actually vote) choose their government (at various levels of society) periodically as a clear expression of popular sovereighnty and an indicator of the existence of representative democracy (although in some instances, this may be a shield for lack of democracy ironically). Elections, therefore, are an important ingredient of democracy.

However, on their own they do not guarantee democracy, nor are they synonymous with it.

Elections serve various functions, including political education, the recruitment and selection of a political leadership, an orderly succession of government based on the ballot rather than the bullet, periodic review of the performance of the government, and an opportunity for renewal of a government’s mandate or the replacement of the incumbent government by another. They ensure the domestic and international legitimacy and credibility of government and, in wartorn societies, they are a mechanism for assisting with conflict resolution. Elections are currently perceived as the central, albeit not the only, condition for democratic transition and consolidation.

III.

METHODOLOGY OF THE PSC OPEN SESSION

9.

The PSC has held various sessions on elections in Africa over the years. In principle, the PSC has decided to hold briefings on elections on a quarterly basis. The idea of PSC sessions on elections is two-fold: (a) to assist those countries holding elections to ensure peaceful polls and (b) to devise strategies for the PSC members to assist countries holding elections to prevent, manage and resolve possible election-related violence. This open session builds on this tradition. Its methodology is also similar to all the previous Open Sessions. This methodology involves the following: i. ii.

IV.

Presentation by Department of Political Affairs; Presentations by independent subject expert(s); OBJECTIVES OF THE PSC OPEN SESSION

10.

The overall objective of this Open Session is two-pronged: (a) to assist those countries holding elections to ensure peaceful polls and (b) to devise strategies for the PSC members to assist countries holding elections to prevent, manage and resolve possible election-related violence. The specific objectives of the Open Session are as follows: i. ii. iii. iv.

To identify the root causes of election-related violence in Africa To advise AU Member States how best to detect and prevent election-related violence through early warning and preventive diplomacy To advise AU Member States how to deal with structural root causes through governance and security sector transformation To share ideas, experiences and lessons on mechanisms for institutionalising a culture of democracy and peace including constructive management of diversity with a view to rid elections of political violence 3

v.

V.

To encourage AU Member States to sign, ratify, domesticate and implement relevant AU Shared Values instruments relating to prevention of election-related conflicts.

EXPECTED OUTCOME AND OUTPUTS OF THE PSC OPEN SESSION

11.

The key outcome of this Open Session is to add impetus towards the sustenance of democratic, credible and peaceful elections as witnessed in 2014. The key assumption behind this expected outcome is that the full realisation of the Common African Position on the Post2015 Development Agenda and the Africa Agenda 2063 are dependent upon peace and security, as well as democratic and participatory governance on the continent. We now know that one of the major triggers of political violence with devastating adverse impact on peace and democratic governance is elections.

12.

The expected specific outputs of the Open Session are as follows: i. ii. iii.

iv.

Strategies for Member States aimed at detecting and preventing election-related violence through early warning and preventive diplomacy developed.

Strategies for AU Member States aimed at dealing with structural root causes through governance and security sector transformation devised.

Innovative ideas, experiences and lessons on mechanisms for institutionalising a culture of democracy and peace including constructive management of diversity shared with a view to rid elections of political violence.

Progressive increase in the number of AU Member States signing, ratifying, domesticating and implementing relevant AU Shared Values instruments relating to prevention of election-related conflicts achieved.

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