AU SUMMIT KHARTOUM WRAP-UP

UNCLAS SECTION 01 OF 06 ADDIS ABABA 000323 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR AF/FO, AF/RSA, AF/SPG, AF/E, AF/C, AF/W, AF/S, NEA, IO/UNP. LONDON AND PARIS FOR AFRICA WATCHERS. E.O. 12958: N/A TAGS: PREL PHUM ETRD SU AU SUBJECT: AU SUMMIT KHARTOUM WRAP-UP REF: A. ADDIS ABABA 115 ¶B. KHARTOUM 209 ¶C. KHARTOUM 184 ¶D. KHARTOUM 186 ADDIS ABAB 00000323 001.2 OF 006 SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION. ¶1. (SBU) Summary: The African Union (AU) Summit held January 23 and 24 in Khartoum highlighted the AU Commission's efforts to "do the right thing" in terms of promoting continental good governance and human rights, as well as social progress, but also produced member state division. Long negotiations resulted in Republic of Congo President Sassou-Nguesso replacing Nigerian President Obasanjo as Chairman of the AU Assembly. While Sudan was ostensibly promised the Chair in 2007, the AU is soon to establish clearer criteria for chairmanship rotation. The AU set up a panel of African jurists to study the Hissene Habre case, and noted that there can be no impunity. Tanzania was chosen to host the African Court of Justice and Court of Human Rights. African Commission on Human and Peoples' Rights reports critical of several member states, including Zimbabwe, were deferred to the July 2006 Banjul Summit. Uganda, Rwanda and Egypt replaced Sudan, Kenya and Libya on the Peace and Security Council (PSC). While no special PSC meeting took place, the AU committed to working with IGAD and the Somali Transitional Federal Government to lobby for a waiver to the UN arms embargo on Somalia to enable an IGAD deployment. The Assembly called for member state unity in promoting the "African Consensus" for UN Reform. Sudan, Zambia and Sao Tome & Principe acceded to the AU/NEPAD African Peer Review Mechanism (APRM). Foreign Ministers approved the AU's 2006 budget of $129,000,000, but called for greater transparency in AU Commission administrative and financial practices and expressed concern with the increase in the number of member states sanctioned for non-payment. End summary. -------------- ASSEMBLY CHAIRMANSHIP RACE ROILS SUMMIT -------------- ¶2. (SBU) Protracted discussions on Assembly Chairmanship ended with a consensus decision to grant chairmanship to Congo-Brazzaville President Sassou-Nguesso instead of Sudanese President Bashir. Although the AU Commission and the majority of AU member states opposed Bashir's chairmanship on grounds that he lacks the moral authority to lead Africa while Darfur remains unresolved, AU Commission Chairperson Konare wanted member states to display the courage to make their views known in a vote (Refs C and D). In Konare's view, member state failure to do so amounts to a "crisis of leadership" in Africa. The chairmanship issue in many ways overshadowed other issues at the summit, but the Commission hopes to establish clear criteria for chairmanship ahead of the next rotation. (Note: Sassou-Nguesso will be supported by a bureau of 14 "vice chairs" per AU Assembly rules of procedure. These vice chairs are: Sudan, Angola, Algeria, Mali, Gabon, Kenya, Cameroon, Namibia, Egypt, Senegal, Nigeria, Zimbabwe, Uganda, Benin. AU Legal has recommended reducing the Bureau to four, with one vice chair from each region not holding the chairmanship, but this proposal has yet to be approved. End note.) -------------- HUMAN RIGHTS BODY MAKES WAVES -------------- ¶3. (SBU) The semi-independent AU body the African Commission on Human and Peoples' Rights (ACHPR) submitted bold resolutions criticizing Eritrea, Ethiopia, Zimbabwe, Uganda, the DRC and Sudan for human rights breaches in 2005. However, the member states concerned succeeded in blocking consideration of the reports at the Khartoum Summit on procedural grounds. The Assembly (heads of state) did order these countries to file responses to the reports within three months to enable their consideration at the July 2006 Banjul ADDIS ABAB 00000323 002.2 OF 006 Summit. The ACHPR's report also called for member state attention to fighting terrorism, and noted the intention to convene a meeting of experts to consider human rights implications of combating terrorism in Africa. -------------- AFRICAN JURISTS TO STUDY HABRE CASE -------------- ¶4. (SBU) The Assembly decided to create a committee of "eminent African jurists" to study the case of former Chadian leader Hissene Habre wanted for extradition to Belgium to stand trial for human rights abuses. The committee will be appointed by Assembly Chairperson Sassou-Nguesso in consultation with AU Commission Chairperson Konare. The Assembly mandated the committee to take into account "adherence to the principles of total rejection of impunity" and expressed priority for an "African mechanism." (Note: The AU Commission had feared that the Summit would over-politicize the Habre case, but was ultimately successful in having a legal mechanism set up to consider the case. End note.) -------------- STRIVING FOR ACCOUNTABILILTY -------------- ¶5. (SBU) In terms of accountability standards and institutions, AU Commission Chairperson Konare told the opening session of the Executive Council (foreign ministers) that the AU Commission plans to consult with civil society and member states to recommend amendments to the Lome Convention on Unconstitutional Changes of Government in order to strengthen Africa's ability to address bad governance, which can lead to coups. The Summit granted Tanzania the seat of the African Court of Human and Peoples' Rights and African Court of Justice, which will eventually be merged. It appointed eleven judges to the Court of Human and Peoples' Rights, who will meet in April 2006 to consider the court's rules of procedure. Member states were given until March 31, 2006 to submit comments to the Algiers Working Group draft legal instrument to merge the two courts. The Assembly called for the NEPAD implementation committee to submit a progress report to the Banjul Summit. (Note: AU Commission officials report that the heads of state hope for progress on the issue of NEPAD integration into the AU Commission and harmonization of responsibilities. End note.) Sudan, Sao Tome & Principe and Zambia acceded to the African Peer Review Mechanism (APRM),and the Assembly held long sessions to review the completed Ghana and Rwanda APRM reports. UN Economic Commission for Africa (UNECA) Secretary General Janneh told the Executive Council that UNECA is working as a strategic partner to the AU Commission in implementing the APRM. Outgoing Chairman Obasanjo said the AU represents a call on African leaders to redefine Africa's destiny. He asked leaders not to sacrifice Africa to narrow interests, but instead to pursue peace and security, AU institutional transformation, and integration. -------------- SPOTLIGHTING SOCIAL ISSUES -------------- ¶6. (SBU) AU Commission Chairperson Konare called on member states to support social, educational and cultural programs to further continental integration and prepare Africans to address globalization, development and peace and security challenges. He called for the development of a continental structure to enable Africa to be a credible partner to UNESCO in preserving and promoting African culture. Konare re-launched the African decade of education and said that the AU Commission will establish an African Academy of Languages to celebrate 2006 as the Year of African Languages. Konare also called for the establishment of a secure African diplomatic passport as a first step to removing the visa requirement on the continent (Note: Some Addis-based African ADDIS ABAB 00000323 003.2 OF 006 diplomats point to the African passport scheme as evidence of the Commission's "undue" focus on idealistic visions as opposed to concrete activities to improve the continent. These African diplomats note that there remains a division between member states promoting rapid integration to a United States of Africa and others advocating a step-by-step approach. The Assembly called for a draft integration roadmap to be submitted to the Banjul Summit. End note.). ¶7. (SBU) The Assembly approved 2006-2015 as the "Second Decade for Education in Africa" and called for better coordination between NEPAD, the Millennium Development Goals (MDGs) and other efforts aimed at improving education on the continent. It adopted a revised Charter for the Cultural Renaissance of Africa and designated Bamako as the host for the African Academy of Languages. The Assembly "reinstated" the link between culture and education as a weapon to fight poverty, disease, and challenges to peace and security and governance. It decided to eliminate cultural practices that have negative impacts on health, human rights and education. The Executive Council reaffirmed the link between Africa, the AU and the African diaspora. It declared August 1 "emancipation day" in solidarity with the diaspora, and decided to convene an Africa-South America Summit in May ¶2006. ¶8. (SBU) On health issues, the Assembly approved the AIDS Watch Africa (AWA) strategic framework, which emphasizes universal access to prevention, treatment and care as well as the crisis of orphans. It called for member states to support AWA advocacy. (Note: The AU Commission is working with partners to support the AWA Strategic Plan, which has a USD 10,456,000 budget through 2007. The project document was sent to AF/RSA and AF/EPS. End note). The Executive Council called for the establishment of a common African position on HIV/AIDS to form the continent's contribution to the UN General Assembly (UNGASS) Special Session on AIDS. The common position is to be submitted for adoption by African ministers of health during the World Health Assembly in May ¶2006. The Executive Council also tasked the Commission with establishing a roadmap for sustainable universal access to prevention, treatment and care. It endorsed the convening of a Special Session of African Ministers of Health dedicated to Reproductive Health and Rights in Maputo. The Executive Council endorsed the Continental Policy Framework for the Promotion of Sexual and Reproductive Health and Rights in Africa and called on member states to mainstream the policy framework into national health programs. (Note: Djibouti, Egypt, Libya, Somalia and Sudan issued reservations. End note.) The Executive Council called upon the Commission to strengthen member state capacity and epidemio-surveillance systems for avian influenza, and endorsed the proposal to establish a research program at Serengeti National Park. -------------- PEACE AND SECURITY -------------- ¶9. (U) The Khartoum Summit elected Burkina Faso, Rwanda, Uganda and Egypt to two-year terms on the Peace and Security Council (PSC). The PSC is now comprised of Gabon, Ethiopia, Algeria, South Africa, Nigeria (terms up in 2007) and Cameroon, Congo, Rwanda, Uganda, Egypt, Botswana, Malawi, Ghana, Senegal and Burkina Faso (terms up in 2008). Sudan, Kenya, Libya and Togo are no longer PSC members. ¶10. (SBU) While no PSC meeting was held, foreign ministers issued decisions on Somalia and Cote d'Ivoire. The Executive Council requested the PSC to play a more active role in speeding up the deployment of a peace support operation to Somalia and decided to establish a review panel comprised of representatives from the AU Commission, IGAD Secretariat and Transitional Federal Government (TFG) to submit a proposal to the UNSC regarding the arms embargo. The Executive Council called upon the international community to extend assistance to the Transitional Federal Institutions, condemned acts of ADDIS ABAB 00000323 004.2 OF 006 violence and commended the AU Commission for setting up an office in Jowhar. (Note: The AU Somalia desk officer believes that IGAD seeks to legitimize the presence of IGAD member states in Somalia by calling for a limited military observer mission. End note). On Cote d'Ivoire, the Executive Council reiterated full support for the International Working Group and the UN and urged all parties to extend full cooperation with mediation. It condemned acts of violence directed at the UN mission. AU Commission Chairperson declared in the opening session of the Executive Council that Africa had seen "enough" conflict and announced the AU's intention to place more emphasis on conflict prevention. Outgoing Chairman Obasanjo highlighted conflicts in Darfur, the CAR, Chad-Sudan and the Ethiopia-Eritrea border dispute. ¶11. (U) Other peace and security-related decisions include the Executive Council's call for member states to ratify the Pelindaba Treaty establishing Africa as a nuclear weapon-free zone; a request to the Commission to examine Togo's proposal regarding the UN Regional Centre for Peace and Disarmament in Africa; a request to member states to defend the African Common Position on the Plan of Action on Small Arms and Light Weapons throughout the UN review process and to the Commission to create a legally-binding instrument to prevent, combat and eradicate illicit trade in small arms and weapons in Africa; approval of staffing for the Algiers Center for Study and Research on Terrorism; and a decision on Palestine and the Middle East including reiteration of full support for the Palestinian cause, a welcoming of the Israeli withdrawal from the Gaza strip, and a condemnation of various Israeli acts (Note: The PLO is granted a seat at AU proceedings. End note). -------------- TRADE, ECONOMICS AND DEVELOPMENT -------------- ¶12. (U) The Executive Council endorsed the Arusha Declaration and Plan of Action on African Commodities, called upon member states to implement commitments and authorized the Commission to work with other relevant organizations to establish a follow-up mechanism to facilitate implementation of the plan of action. ¶13. (U) The Assembly reaffirmed commitment to a successful completion of the WTO Doha Development Round and called upon industrialized countries to show "greater flexibility" in negotiating positions. It called for "appropriate compensation" to African countries that may be adversely affected by the delay in elimination of agricultural export subsidies, welcomed the extension of the TRIPs Agreement transition period for lesser-developed countries and reiterated the need to simplify procedures, commended the Aid for Trade Initiative, reiterated the need to review the Special and Differential treatment provisions of WTO Agreements, and directed the AU Commission to work with the UNECA and other bodies to coordinate Africa's common position and grant technical assistance to member states. ¶14. (U) Regarding African financial institutions, the Executive Council took note of the northern region's nomination of Libya as host for the African Investment Bank and requested the central and western regions to name hosts for the African Monetary Fund and African Central Bank by March 31, 2006. It also requested the Commission to set up technical steering committees to further establishment of the financial institutions. ¶15. (U) The Executive Council urged member states to implement World Summit on Information Society Tunis Commitment and Tunis Agenda recommendations. It urged regular meetings of Information Communication Technology ministers and invited the creation of a digital solidarity fund. The Executive Council also authorized the Commission to organize workshops, develop databases and assess member ADDIS ABAB 00000323 005.2 OF 006 state capacity building requirements. -------------- UN REFORM AND INTERNATIONAL CANDIDATURES -------------- ¶16. (SBU) The Assembly decided to maintain AU support for the draft resolution on UNSC reform and requested all member states to sponsor it. It renewed the mandate of the Committee of Ten Heads of State and Government and the expanded follow-up mechanism to continue consultations in support of the African Common Position of securing two permanent seats and five non-permanent UNSC seats with right of veto, and urged "member states that would wish to pursue other initiatives to support this process." (Note: According to AU officials, Nigeria had proposed a compromise regarding the right of veto in order to secure African seats. Some member states reportedly decided not to extend Obasanjo's term as AU Assembly Chair as an alternative to a Bashir Chairmanship for fear that position would strengthen Nigeria's bid for a UNSC seat. End note). ¶17. (U) The Executive Council supported Algerian Tayeb Cherif for re-election as Secretary General of the International Civil Aviation Organization and Justice Akua Kuenyehia as judge on the International Criminal Court. It requested the Commission to obtain more information from the Africa Group in Vienna to enable appropriate recommendations on the Nigerian candidature for the Council of Governors of the International Atomic Energy Agency, and deferred consideration of candidatures of Abdelkerim Boussaid of Algeria for the post of Director of Telecommunication Development of the International Telecommunications Union (ITU) and Hamadoun Toure of Mali to the post of Secretary General of ITU pending those positions being declared vacant. -------------- AU BUDGET AND STRUCTURE -------------- ¶18. (U) The Executive Council approved a USD 129.6 million dollar 2006 program budget divided into a USD 69.4 million operational budget to be funded through assessed contributions, and a 60.2 million voluntary budget to be funded by member states and partners. The Commission was authorized to use payment of arrears to fund USD 11.5 million in staff and operational costs to implement the structure approved at the Maputo Summit, recruitment for the Pan African Parliament and other requests. South Africa and Ethiopia were commended for contributing USD 11,825,572 and USD 99,152, respectively, to the 2005 voluntary ("solidarity") budget and Nigeria was commended for announcing a contribution of USD 10 million to the 2005 voluntary budget. ¶19. (U) The Executive Council expressed concern over the increasing number of member states falling into arrears. It noted that the Central African Republic, Democratic Republic of Congo, Eritrea, Guinea Bissau, Sao-Tome & Principe, Somalia, Liberia and Seychelles continue to fall under sanction for non-payment of assessed contributions. Benin, Cape Verde, Cote d'Ivoire, Guinea and Mauritania were added to that list. The Executive Council accepted Burundi's proposed installment plan to pay arrears, lifted sanctions on Sierra Leone if it continues to honor the agreed payment schedule, and lifted sanctions on Niger, Djibouti and Gabon who made payments during the Summit. The Permanent Representatives Committee noted that the volume of member states falling under sanctions could paralyze the organization due to lack of quorum on decisions. ¶20. (SBU) Note: Addis-based partners were pleased to see specific mention of partner contributions in the Executive Council decision, although South Africa filed a reservation stating preference for a combined budget to ensure African ownership. Past lack of reference to partner contributions ADDIS ABAB 00000323 006.2 OF 006 and stated preference to cover AU needs through member state assessments was a source of confusion for partners seeking to contribute to member state-approved programs. Partners and the AU will hold the first support coordination mechanism meeting on February 7 in Addis Ababa. End note. ¶21. (SBU) Working-level AU Commission officials said that member states and AU staff are increasingly frustrated with what they see as AU Commission mismanagement of funds and other resources. These officials predict "big changes" in AU leadership as Chairperson and Commissioners' positions are up for election in July 2007. (Comment: The AU Commission is challenged by the need to show results to member states and the international community, while also struggling to build institutional capacity with limited resources. AU intervention in Darfur is a prime example, as the AU is still unable to recruit staff and make payments to contractors within a reasonable timeframe. Some partners are working with the AU to fund and carry out an institutional assessment to identify administrative and management deficiencies. UNDPKO is also working with the AU to improve management of peace support operations. The AU Commission has thus far shown willingness to accept criticism and work with partners to implement improvements. End comment). -------------- EYE ON BANJUL 2006 -------------- ¶22. (SBU) The AU Commission intends to make rationalization of the Regional Economic Communities (RECs) the theme of the July 2006 Summit in Banjul. The Commission hopes to achieve harmonization of REC membership (currently, some member states belong to more than one REC) and a MOU with the RECs on respective roles and responsibilities. The AU Commission has long pointed to unwieldy RECs as an obstacle to continental integration and peace and security efforts, including the African Standby Force. The AU Commission sees RECs as the building blocks for integration and the Commission as the coordinating body. (Note: Part of the Commission's coordination role is to ensure member state ratification and implementation of continental legal instruments and the Khartoum Summit requested the Pan African Parliament to assist in sensitization of member states as well as the Commission to convene meetings of experts to promote ratification. End note). ¶23. (U) Note: According to the AU Commission, the Northern region should contain Algeria, Egypt, Libya, SADR, Tunisia and Mauritania; the Southern Region Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia, and Zimbabwe; the Western Region Benin, Burkina Faso, Cape Verde, Gambia, Ghana, Guinea, Guinea Bissau, Cote d'Ivoire, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo; the Eastern Region Comoros, Djibouti, Ethiopia, Eritrea, Kenya, Madagascar, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Uganda and Tanzania; and the Central Region Burundi, Cameroon, Central African Republic, Chad, Republic of Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon and Sao Tome & Principe. End note. HUDDLESTON