AU’s fight against terrorism should go beyond summits
The terrorist threat is escalating, spreading across the continent with an alarming 22 countries in Africa targeted by terrorists. This has caused great concerns in Addis Ababa, seat of the AU. For some years, both its predecessor (the Organisation of African Unity — OAU) and the AU have worked to end the scourge of terrorism on the continent. The fact that terrorism has intensified in scope is clear evidence of a counter-terrorism strategy that is not working.
From a broad overview of the existing counter-terrorism regime, we turn to understanding the reasons for the AU’s inability to eliminate the terrorist threat posed to the continent and its people.
Continental efforts in preventing and combating terrorism have a long history. In 1992, the Organization of African Unity (OAU), meeting at its 28th Ordinary Session, held in Dakar, Senegal, adopted a Resolution on the Strengthening of Cooperation and Coordination among African States [AHG/Res.213 (XXVIII)] in which the Union pledged to fight the phenomena of extremism and terrorism.
At its 30th Ordinary Session held in Tunis, Tunisia, in June 1994, the OAU adopted the Declaration on the Code of Conduct for Inter-African Relations [AHG/Del.2 (XXX)], in which it rejected all forms of extremism and terrorism, whether under the pretext of sectarianism, tribalism, ethnicity or religion. The declaration also condemned, as criminal, all terrorist acts, methods and practices, and expressed its resolve to enhance cooperation to combat such acts.
These efforts culminated in the 1999 OAU Convention on the Prevention and Combating of Terrorism adopted by the 35th Ordinary Session of the OAU Summit, held in Algiers, Algeria, in July 1999. The Convention requires that States Parties criminalize terrorist acts under their national laws as defined in the Convention. It defines areas of cooperation among states, establishes state jurisdiction over terrorist acts, and provides a legal framework for extradition as well as extra-territorial investigations and mutual legal assistance.
The Convention entered into force in December 2002 and to date, 40 member states have ratified it.
To give concrete expression to the commitments and obligations of member states under the 1999 Convention and the other international CT instruments, the AU High-Level Inter- Governmental Meeting on the Prevention and Combating of Terrorism in Africa, held in Algiers in September 2002, adopted the AU Plan of Action on the Prevention and Combating of Terrorism. The Plan of Action adopted practical CT measures that substantially address Africa’s security challenges, including measures in areas such as police and border control, legislative and judicial measures, financing of terrorism and exchange of information.
As part of the implementation of the 2002 Plan of Acton, the African Centre for the Study and Research on Terrorism (ACSRT), was established in 2004 in Algiers to serve as a structure for centralizing information, studies and analyses on terrorism and terrorist groups and to develop Counter-Terrorism capacity building programmes.
The ACSRT also provides a forum for interaction and cooperation among member states and regional mechanisms. The Centre plays an important role in guiding the AU’s CT efforts and works in collaboration with a number of regional and international partners to ensure coherent and coordinated CT efforts in the continent.
An additional protocol to the 1999 Convention on the Prevention and Combating of Terrorism was adopted by the 3rd Ordinary Session of the Assembly of the Union, held in Addis Ababa in July 2004. The proposal for the adoption of the Protocol was made by 28 heads of states meeting in Dakar, on 17 October 2001, and adopting the Dakar Declaration Against Terrorism. The Protocol recognizes the growing threat of terrorism in the continent and the growing linkages between terrorism, drug trafficking, transnational organized crimes, money laundering, and the illicit proliferation of small arms and light weapons.
The Protocol aims to give effect to Article 3(d) of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, which states that the objective of the Council, inter alia, is to ‘co-ordinate and harmonize continental efforts in the prevention and combating of international terrorism in all its aspects’. The Protocol will enter into force following the deposit of the 15th instrument of ratification. To date, only 12 states have ratified the Protocol.
In follow up to the decision of the Assembly of the Union [Assembly/AU/ Dec.311(XV)] on the Prevention and Combating of Terrorism, adopted at its Kampala Session in July 2010, where it underscored the need for renewed efforts and increased mobilization, the Chairperson of the Commission of the African Union appointed, in October 2010, the AU Special Representative for Counter-Terrorism Cooperation. The Special Representative serves, concurrently, as the Director of the ACRST. Since his appointment, the Special Representative undertook a number of important assignments to mobilize support for the continent to fight the scourge of terrorism, assess the situation in various member states and identify, with the concerned national authorities, priority security issues to be addressed.
As part of the implementation of the relevant provisions of the 2002 AU Plan of Action on the Prevention and Combating of Terrorism, which entrusts the Commission with providing advice on matters pertaining to counter-terrorism action, including preparation of model legislation and guidelines to assist member states, the Commission developed the African Model Law on Counter Terrorism, which was endorsed by the decision [Assembly/AU/Dec.369(XVII)] adopted by the 17th Ordinary Session of the Assembly of the Union, held in Malabo, in July 2011. The decision welcomed the elaboration of the Model Law and encouraged member states to fully take advantage of it to strengthen and/or update their national legislation. The Model Law is developed to assist member states in implementing the provisions contained in the various continental and international counter-terrorism instruments, including the 1999 OAU Convention on the Prevention and Combating of Terrorism and its related Protocol.
The African Union’s (AU) 16th extraordinary summit on May 28 sought solutions to the threats of terrorism and unconstitutional changes of government (UCGs) in Africa. These were “hindering Africa from achieving its goals of becoming a peaceful and prosperous continent”, said AU Commission Chairperson, Moussa Faki Mahamat.
The summit in Malabo, Equatorial Guinea, which came at a time of increasing terrorist attacks and UCGs in Africa, resulted in a draft declaration and draft decision. African heads of state endorsed previous recommendations by the Peace and Security Council (PSC) and other organs that could enhance AU responses to these threats. The outcomes are a continental commitment to addressing these problems, without signalling a significant policy shift in AU ppresponses to them.
Whether and how these decisions are implemented remains to be seen. Especially considering the significant financial and human resource restrictions the AU faces, particularly the AU Commission, which is expected to be central to implementing these decisions.
The summit declaration adopted the theme “robust response, deepening democracy and collective security.”
It is mostly a political statement that reiterates AU member states’ commitment to previous AU decisions, frameworks and mechanisms on terrorism and UCGs.
It acknowledges how severely the two issues threaten African peace and security and calls on member states to ratify and implement AU decisions and instruments on both. It also reaffirms AU decisions, including establishing a counter-terrorism unit under the African Standby Force (ASF) and implementing a fund to fight terrorism and violent extremism.
The declaration endorses the AU Specialised Technical Committee on Defence, Safety and Security’s May 2022 recommendation for an AU and regional economic communities (RECs) agreement on the ASF. It further recommended establishing a counter-terrorism coordination task force at the ministerial level to enhance synergy and harmonise counter-terrorism responses at different levels.
The more succinct draft decision includes seven major action-oriented resolutions that provide more guidance on AU responses to UCGs beyond the declaration.
At their July executive council meeting, foreign ministers were expected to determine how much funding to allocate to the AU’s rapid response capability for emerging conflicts, including terrorism. The funds will come from the Peace Fund’s Crisis Reserve Facility. The other two decisions focus on implementing the African Governance Architecture and the African Peace and Security Architecture, and for the next African Peer Review Mechanism governance report to focus on UCGs.
Implementing summits decisions have serious cost implications. The declaration has promised a budget for national and regional response to terrorism and violent extremism. However, given the AU’s track record of allocating funding to initiatives, member states will have difficulty deciding on a budget and meeting their commitments. Most member states have not been financially committed.
It is also unclear whether this finance will come from the AU’s regular budget, the Peace Fund Crisis Reserve Facility or the newly established special counter-terrorism fund. While establishing the counter-terror unit under the ASF was endorsed by the summit, its realisation will face similar financial challenges like it has always been.
Consolidating a continental strategic action plan to counter terrorism and violent extremism also shows the realisation that a more holistic and coordinated response is needed.
Whether and how these decisions are implemented remains to be seen. Especially considering the significant financial and human resource restrictions the AU faces, particularly the AU Commission, which is expected to be central to implementing these decisions.
While several AU summits may have made significant strides in responding to terrorism, its success can be measured only to the extent that these decisions are implemented.
Terrorism is hindering Africa from achieving its goals of becoming a peaceful and prosperous continent.
Africa’s security depends on action, not just policies and decisions on terrorism taken at the AU extraordinary summits. It’s more important to follow up these policies and resolutions with action. This is the only way to root out terrorism out of Africa. And until this is done, peace may elude the continent. Where there is no peace, there can’t be political and economic development.
Meanwhile, governments of member states are encouraged to look into the causes of resentment. The youths should be more engaged. Frontiers of unemployment should be pushed backward. Frantic efforts should be made in balancing the differences in social-economic stratas in member states.
Not only these, it’s pertinent for all so called member states to be more committed to their financial obligations. If policies are formulated, and the wherewithal is not there to executive, all the efforts will only end in fiasco.
The continent is running out of time. The time to act is now. AU is thus enjoined to expedite action in culminating its resolutions into realities, to see the end of terrorism for meaningful development, that can only be enhanced by peace, before the continent is consumed by terrorist upheavals.
