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

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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.

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ASSEMBLY CHAIRMANSHIP RACE ROILS SUMMIT
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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.)

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HUMAN RIGHTS BODY MAKES WAVES
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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

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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.

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AFRICAN JURISTS TO STUDY HABRE CASE
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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.)

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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.

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SPOTLIGHTING SOCIAL ISSUES
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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

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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.

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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

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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).

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TRADE, ECONOMICS AND DEVELOPMENT
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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

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state capacity building requirements.

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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.

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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

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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).

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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