cmi – au report

STRENGTHENINGTHE MEDIATION

SUPPORT CAPACITY OFTHE AFRICAN UNION

Summary of Thematic Expert Seminars on Mediation,Peace and Justice, Women and Resource-Based Conflicts

Crisis Management Initiative, February 2011, Helsinki

Edited by Suvi TuominenLanguage editing by Juha Saarinen

STRENGTHENINGTHE MEDIATION

SUPPORT CAPACITY OFTHE AFRICAN UNIONSummary of Thematic Expert Seminars on Mediation,

Peace and Justice, Women and Resource-Based Conflicts

ABOUT THE ORGANIZER

4 Governance out of a Box

Crisis Management Initiative (CMI) is a non-profit organization founded

by Nobel Peace Prize Laureate and former president of Finland, Martti

Ahtisaari. CMI works to build sustainable peace and to resolve violent

conflicts.

As CMI, we contribute to conflict resolution through mediation, facilitat-

ing confidence building dialogues and strengthening local capacities

to implement peace. We also have the capacity to support international

peace missions as requested.

BackgroundCMI supports the African Union in responding to conflicts on the conti-

nent through preventative diplomacy and peace mediation.

The African Union Mediation Support Capacity Project, launched in

2009, was designed and is implemented in collaboration with the Afri-

can Union’s Conflict Management Division (AU CMD), the African Centre

for the Constructive Resolution of Disputes (ACCORD) and Crisis Manage-

ment Initiative (CMI).

The joint project aims to strengthen the mediation support capacity

of the African Union. It is undertaken in support of a larger AU initiative

serving this goal, involving the UN Mediation Support Unit and several

other partners.

These partners are supporting the development of an AU mediation

policy by conducting analysis, generating knowledge on African and rel-

evant international mediation practice, conducting training courses and

supporting mediation field missions.

CMI’S AFRICAN UNION MEDIATIONSUPPORT CAPACITY PROJECT

The anticipated impact of the larger initiative is enhanced African con-

flict prevention and mediation capacity and practices, ultimately aimed

at promoting sustainable peace, security and development on the African

continent.

The CMI role in the joint AU-ACCORD-CMI projectCMI works with the African Union in deepening expertise on thematic is-

sues of relevance to mediation on the African continent. CMI also contrib-

utes towards development of an African Union roster of thematic experts

available to support the AU mediation interventions.

CMI also works to create an African network of mediation practitioners

that can link African Track II organisations with the African Union and

Regional Economic communities (RECs). Within the project framework

CMI also produces short video clips that aim to share good practices, and

further maximize accessibility to resources and people with experience

in the field of mediation for the purpose of training, information and ad-

vocacy.

The project is funded by the Ministry for Foreign Affairs of Finland.

AcknowlegementsCMI would like to thank all the participants of the three expert seminars

held in 2010 for their valuable contribution. CMI especially wants to ac-

knowledge the Government of Finland for its support in making the ar-

rangements of these seminars possible as well as its support for this pub-

lication.

5Governance out of a Box

CONTENT

I INTRODUCTION 0

II SUMMARY OF THE EXPERT SEMINARS 0

III INCLUSIVE PEACE: DEBATING THE AFRICAN UNION MANDATE FOR ENHANCED WOMEN PARTICIPATION IN PEACE MEDIATION 0 1. Background 2. Reflections on AU frameworks on Women Participation in Peace Processes 0 3. Women in Peace Mediation: The West Africa Region/ECOWAS 0 4. The UN/UNIFEM Frameworks and Experience on Women involvement in Peace Processes 0 5. Women in Peace Mediation: A Non-State Actor Level 0 6. Conclusions 0

IV RESOURCE-BASED CONFLICTS AND STRATEGIES FOR AFRICAN UNION MEDIATIORS 0 1. Background 0 2. Resource-based Conflicts in Africa 0 2.1 Introduction to Resource-based Conflicts in Africa 0 2.2 Central Africa 0 2.3 West Africa - Ghana 0 2.4 The Nile 0

3. Mediation and Resource-based conflicts 0 4. Conclusions and Recommendations 0

V PEACE AND JUSTICE: CHALLENGES AND WAY FORWARD FOR THE AFRICAN UNION 0 1. Background 0 2. The African Union Policy Framework on 0 Peace and Justice and Challenges of Practice 0 3. Practising Transitional Justice: West Africa’s Experience 0 4. Reflections of the Ongoing Debate on Peace and Justice: Challenges and Way Forward for the African Union 0 5. Conclusions 0

VI ANNEXES: Seminar Agendas 0

8 STRENGTHENING THE MEDIATION SUPPORT C APACIT Y OF THE AFRIC AN UNION

INTRODUCTION

Today millions of people live trapped in intractable conflicts. Despite relative differences in

intensity, this is a day to day phenomenon in Africa, Asia, South-America, Europe and the

Middle East. As a result, not only are people forced to live in fear of losing their lives and suf-

fering atrocities, but they are also denied their basic human rights and dignity.

In such conflict situations people suffer, and so does the infrastructure, the environment

and the economy. The basic building blocks of a functioning state that support the citizens

simply do not exist in a chaotic conflict environment. The incentives to invest in conflict

resolution and building sustainable peace are there. However, often the conflicting parties

cannot do this alone, they need help. This is where peace mediation becomes an important

mechanism in the wider peace and security arena.

Regional organizations like the African Union have strengthened their position among

other mediation actors such as the United Nations, civil society organizations and promi-

nent persons. The value of the regional organizations lies in their legitimacy and knowledge

of the conflict context. Unfortunately among all these actors, mediation has been mainly an

ad hoc practise and only recently these actors have aimed to professionalize their mediation

activities. To build such capacity in a continuous and sustained manner requires deeper

understanding of the specific needs of the organisations and a serious commitment to de-

liver. It is within this context that Crisis Management Initiative (CMI) is currently working

with the African Union to plan, undertake and support mediation interventions more effec-

tively. This project, implemented together with the partners, aims to systematically develop

a strategic framework and practical mechanisms of mediation and thereby support the AU

to move from ad hoc mediation practice towards a more professionalized approach.

Peace mediation is often personified to a prominent leading envoy that acts as a neu-

tral third party to facilitate dialogue between the conflicting parties, seeking to produce

mutually acceptable outcomes. At best this kind of facilitation leads to the implementation

of peace agreements and

subsequently to sustainable

peace. However, in practice,

peace mediators rarely work

alone. Even if the mediator

is a highly eminent person

who has the responsibility

and authority over the pro-

cess, there are often other

actors behind the scenes

that provide support for the

mediator. Hence, in addition to working with the conflicting parties, mediators get support

from civil society and international or regional organizations, and from their own support

teams.

However, in practice, peace mediators rarely work alone. Even if the media-tor is a highly eminent person who has the responsibility and authority over the process, there are often other actors behind the scenes that provide support for the mediator.

9STRENGTHENING THE MEDIATION SUPPORT C APACIT Y OF THE AFRIC AN UNION

Peace mediation is a practice that requires deep understanding of some key cross-cut-

ting thematic issues ranging from security, economy, power-sharing all the way to social

and justice issues. Peace mediation is not just about ending the hostilities but it is also about

looking ahead: how to deal with past atrocities, how to build a just society, how to disarm,

demobilize and reintegrate the former combatants, how to address gender issues and build

inclusive peace agreements and an inclusive society, how to deal with ethnic and religious

minorities, and how to share the natural resources, such as diamonds, oil or timber equally.

And the list goes on.

This all means that successful mediation requires extensive knowledge about a whole

host of different themes. This kind of expertise can be provided by mediation support.

As mediation is a skills based practice, the best way to share knowledge and expertise is

through facilitated workshops.

CMI, as part of its project that aims to strengthen the AU mediation support capacity,

arranged in 2010 three workshops that dealt with different mediation related themes: tran-

sitional justice, women and peace mediation, and resource based conflicts. Each seminar

brought together experts who have intimate knowledge of these mediation related themes,

both at the level of theoretical discourse and practical field experience. In addition to pro-

ducing important thematic mediation related information, the seminars contributed to the

building of a roster of experts as a mediation support resource for the AU .

The summaries of these three workshops can be found in this report. CMI will organise

similar mediation expert meetings also in 2011 focusing on peace processes and agreement

drafting, power-sharing and gender expertise.

Tuija Talvitie,

Executive Director

Crisis Management Initiative


INCLUSIVE PEACE: DEBATING THE AFRICAN UNION MANDATEFOR ENHANCED WOMEN PARTICIPATION IN PEACE MEDIATION

• Women do participate actively in peace processes and mediation but their efforts

are largely in the informal sphere, outside of formal peace processes and they are

under recognized and underfunded

• An enabling AU policy environment for women participation in the field of media-

tion is not enough. It must be ensured that these legally binding frameworks are

translated into practical steps for women to become active in peace mediation

• Another key challenge is to ensure that existing AU strategies and structures are

followed with sufficient commitment in the national and county level in order to

deliver actual change

• There is a need for flexible and rapid high-level funding that targets the partici-

pation of women groups in peace processes as there are examples where women

groups have not been able to attend peace talks simply because they couldn’t afford it

• It must be ensured that civil society and women networks are able to effectively

engage themselves in the AU processes in the field of peace and mediation

RESOURCE-BASED CONFLICTS AND STRATEGIESFOR AFRICAN UNION MEDIATORS

• The issue of natural resources should be treated as a governance issue, and must

be addressed at all levels - local, national regional and the international. Hence, pro-

moting good governance should be used in addressing resource wealth distribu-

tion, and resource management which in the long-run can be used as a preventive

measure against resource-based conflicts (RBCs)

• Resource-based conflicts are notoriously difficult for mediators to manage. The ze-

ro-sum game infused by the quest to control resources makes it difficult for media-

tors to encourage opposing parties to find a common ground. The presence of lucra-

tive resources distorts ability of a mediator to effectively ascertain whether parties

are being obstructionist because of genuine concerns of identity and their political

future, or whether they are primarily motivated by the need to control resources

• The economic aspects of RBCs should be the base on which peace agreements are

drafted; the zero-sum contestations involved in RBCs should be addressed

SUMMARY OF THE DISCUSSIONS IN THE EXPERT SEMINARS


• Not only the source country but also the supply chain and destination of resources

should be considered when trying to solve resource-based conflicts

• Root problems of RBCs should thoroughly be investigated and dealt with, rather

than trying to “buy peace” by offering incentives to some of the parties at the ne-

gotiation table.

PEACE AND JUSTICE: CHALLENGES AND WAYFORWARD FOR THE AFRICAN UNION

• The AU policy framework on peace and justice should be reviewed on the basis of

conceptual clarity together with the understanding from the field on the dynamics

of peace processes and specifically the actual practice of mediation in Africa

• Peacebuilding and justice issues cannot be addressed with purely state-centric ap-

proaches as they might have cross-border dimensions. When trying to find a solu-

tion to these issues, assistance of supranational bodies can be used. However, the

importance of national ownership of these processes must be kept in mind

• The issue of justice and reconciliation is often only raised by civil society actors and

international groups rather than states. Even the mediators in Africa have not typi-

cally been sensitive to the voice of victims

• The failure to adequately address justice concerns in a peace agreement and poorly

handled Truth and Reconciliation processes can have profound negative impact on

the endurance of the peace agreements and finally, to the sustainability of peace

well beyond the country level


INCLUSIVE PEACE: DEBATING THE AFRICANUNION MANDATE FOR ENHANCED WOMENPARTICIPATION IN PEACE MEDIATIONAddis Ababa, 23-24 September 2010

1. BACKGROUND CMI convened a thematic expert meeting in Addis Ababa, 23-24 September 2010, that fo-

cused on debating how the AU might enhance women’s participation in peace mediation.

The meeting brought together a small group of experts and practitioners that have been

involved in or have observed several peace processes and have experience in the task of

building inclusive peace processes.

The experts discussed the existing AU frameworks on women participation in peace pro-

cesses and the examples of this participation in the context of West Africa. Also the UN/

UNIFEM as well as non-state actor frameworks and experience in women involvement in

peace processes were discussed.

2. REFLECTIONS ON AU FRAMEWORKS ON WOMEN PARTICIPATION IN PEACE PROCESSESThe seminar was launched with discussions on AU frameworks for Women’s participation

in Peacemaking. Ms. Joyce Laker presented her paper on the theme, which inspired discus-

sions among the experts1.

The paper described the AU frameworks, provided an analysis on their effectiveness, pro-

vided data on women’s participation and explored the challenges in delivery. The paper con-

cluded that effective participation of women in mediation requires a genuine level of dem-

ocratic governance, political will and commitments of regimes that foster a collaborative

approach to advance women’s rights and effectively implement gender-sensitive policies.

It was recommended that the AU should develop a qualitative and quantitative database of

women mediators and negotiators in Africa and specify the capacity building component of

the African Women Fund towards enhancing the role of women in mediation.

In subsequent discussion there was an agreement among the experts that the key chal-

lenge was to ensure that the existing strategies and structures were followed up with suf-

ficient commitment in the Member States in order to deliver change.

The participants also highlighted following issues:

• It is important to note the appointment of women to head both the UN office and

the AU liaison office in Central African Republic. However, concern was expressed

about the barriers, including male leadership, which may prevent the appointed

1. Joyce Laker’s paper ”Reflection on African Union Frameworks for Women’s Participation in Peacemaking” can be found from CMI website: http://www.cmi.fi/images/stories/publications/au_women_peacemaking.pdf


women from performing effectively. A proper analysis should be made of these

cases, including applying the same criteria to assess the apparent achievements of

male post holders in similar situations, before drawing conclusions.

• National Action Plans for United Nations Security Council resolution 1325 exist in

Uganda, Cote d’Ivoire, Liberia, Rwanda, Democratic Republic of Congo, Burundi and

Sierra Leone. The potential for AU to build on this could be explored.

• The problem of non-implementation of substantive rights is an overall problem in

Africa. The UNIFEM report 2009 “Who Answers to Women? Gender and Accountabil-

ity2,” identified the importance of accountability mechanisms in order to ensure

that strategies are implemented in practice. Oxfam launched a ten country study

at the AU Kampala Summit, which found that on average only 10% of AU decisions

were implemented at a national level. This puts also emphasis on the role of civil

society organisations in supporting implementation.

• If the AU is expected to play a greater role in promoting women’s rights, a clear

analysis of the AU structure, distinguishing between roles of the AU Member States

and the AU Commission is needed. There is some doubt as to whether the AU Com-

mission currently has the technical capacity to monitor the state of implementa-

tion of the commitments by the Member States. However, on the other hand it was

felt that it is not an issue of technical capacity but of political power that limits the

scope of the AU Commission activity.

2. http://www.unifem.org/progress/2008/media/POWW08_Report_Full_Text.pdf

Participants of the Women and Peace Mediation Seminar in Addis Ababa, 23-24 September 2010.


• The challenge is not just the frameworks but also the need to ensure that civil soci-

ety and women’s networks are able to engage effectively in AU processes. The AU de-

partment for liaison with civil society is not always engaged in Peace and Security

initiatives and the AU should play a role in broadening the space for civil society.

In fact it is difficult for civil society organisations working at the AU level to even

operate in Addis Ababa. This is not in the long term interest of the AU Commission.

Furthermore, the African group in the UN was not supportive of the proposal for a

UN Special Rapporteur on the freedom of association.

• In some cases Member States have actually welcomed civil society initiatives. The

Livingstone formula provides an entry point in this regard. The Solidarity for Af-

rican Women’s Rights (SOAWR) was provided as an example of this kind of initia-

tive. SOAWR is a coalition of 36 civil society organizations across Africa working to

ensure that the Protocol to the African Charter on the Rights of Women in Africa

remains on the agenda of policy makers and to urge all African leaders to safeguard

the rights of women through ratification and implementation of the Protocol3.

• Civil society engagement in promoting the role of women in peace mediation is

however complicated by the gap between women at the grass roots and the failure

of women to be able to engage as a group.

• A gender officer had recently been appointed to work with the AU High Level Imple-

mentation Panel chaired by President Mbeki.

• The EU-AU architecture provides an additional entry point to raise the issue of women,

peace and security. Lobbying at the EU level could be productive because of EU leverage.

• Conflict causes a gender transformation in which patriarchal structures are typi-

cally overturned. In these situations we see women assuming powerful positions

and it is these women that must be involved in peace mediation processes. There

must be adequate support for these women as well as for women who have taken

up leadership positions. We must make sure that we build their capacity and ensure

that resources are directed to them. At the same time, the AU should seek male allies

for women’s issues, as empowering women without changing men’s perceptions is

not going to lead anywhere.

• Research and well prepared position papers can help to strengthen women’s posi-

tion by providing good recording of past experiences and success stories.

• Women’s groups will not be able to participate in peace processes without a secure

source of rapid and flexible funding. An example was provided where women could

not attend the Juba talks because they could not afford the flight. An Inter African

Women’s Development Fund does exist, but it is in particular funding for high level

participation that is needed.

• To conclude the discussions on the framework, the participants were reminded that

the African women can be proud as no other regional body in the world has the

range and depth of policy declarations on the 1325 issues than the AU has. It is

important to reiterate the strength of this framework, but it’s time to ensure the

implementation as well.

3. http://www.soawr.org/en/about/


3. WOMEN IN PEACE MEDIATION: THE WEST AFRICA REGION/ECOWAS An introduction was given to IFOR’s Women Peacemakers Program (WPP), which began

in 1997. The Program works to support and strengthen women’s peacemaking initiatives.

Activities include an annual international training for non-violence trainers, gender and

non-violence trainings and campaigns such as the annual May 24 International Women’s

Day for Peace and Disarmament. Through the Program women’s peace initiatives are also

documented.

Lessons learned over the years of interaction with women in conflict situations in Africa

show that women actually participate actively in peace and mediation processes, but their

efforts are largely in the informal sphere and are often under recognised and underfunded.

Women are mostly left out of formal peace processes.

Research findings indicate that effective participation of women in peace processess is

hindered by inadequate peace building skills and a gender gap. WPP does not aim to di-

rectly engage in mediation processes but to build the capacity of African women in order to

increase their participation. Training of women includes professionalization of mediation

skills, non-violence trainings and seed funding for women’s networks. This can be bolstered

by scaling up through international networking.

The West Africa Network for Peacebuilding (WANEP) introduced their work on monitor-

ing the conflict situation in West Africa. WANEP has been analysing the causes of the West

African conflicts including their ethnic and religious background as well as issues related to

electoral disputes. The organisation was founded in response to the conflicts in the region

as a collaborative network with offices in 15 West African countries.

In recognition of the amount of activism by women at the grass roots level and in an

effort to translate this activism ef-

fectively into formal negotiations,

WANEP established in 2001 The

Women in Peacebuilding Program

(WIPNET). This program enhances the

participation of women in all WANEP’s

initiatives and programmes and

strengthens the capacity of women to

participate in peacebuilding at local,

national, sub-regional and interna-

tional levels in accordance with the UN

Resolution 1325. It further provides a

platform for women at the grassroots

level to actively participate in peace-

building and conflict prevention, as

well as mainstreams gender perspec-

tives into national and regional mech-

anisms on peace and (human) security.

WIPNET also promotes women’s par-

ticipation in formal peace processes,

governance and decision making in-

stitutions. The program is expected to Ms. Joyce Laker, Senior Manager from Centre for Conflict Reso-lution was one of the seminar participants.


deliver a pool of empowered women who will actively engage in peace and security issues

in West Africa in the future.

It was acknowledged that even if a lot of effort has been put into building women’s ca-

pacity over the years, the number of women participating in formal processes has still not

remarkably increased. The issue of women’s access to the AU and ECOWAS was also brought

up and it was concluded that women need to be enabled to make use of the existing frame-

works in real life. WANEP currently has a MoU regarding early warning with ECOWAS and

also an office in the ECOWAS Commission towards this purpose. In this respect WANEP’s

relationship with ECOWAS could be further fostered to cover a full range of peace and secu-

rity issues.

In response, the participants cautioned that building women’s capacity, whilst useful,

was not a panacea given that (male) mediators are seldom selected on the basis of capac-

ity. The question was raised whether we are really using the same lens on men and women

and whether we question what type of capacity men bring to peace processes. Furthermore,

many women already possess peacebuilding and mediation capacities on the basis of long

experience in negotiating conflicts. Existing mediation practice may be very defective and

the rules of the game themselves should be changed to move away from power broker style

of mediation. One response to this dilemma is to seek a space where women can be provided

support behind the scenes. Instead of framing the issue as women’s lack of capacity, it should

be articulated as a problem of underdeveloped concepts and theories of peacebuilding.

4. THE UN/UNIFEM FRAMEWORKS AND EXPERIENCE ON WOMEN INVOLVEMENT IN PEACE PROCESSES/MEDIATION/PEACEBUILDINGUNIFEM works across thematic areas with the AU to assist with gender mainstreaming.

UNIFEM’s work on peace and security builds on the UN Security Council resolution 1325

on women, peace and security. Countering conflict related sexual violence is an important

aspect of this work.

Due to the crucial role of women’s networks and civil society organizations in making

progress on women’s participation in peacebuilding, UNIFEM has worked to strengthen

such networks by raising awareness of rights by outreach and advocacy. In order to am-

plify the formal and informal voices of women, UNIFEM has worked to build coalitions of

women’s groups to form common agendas. UNIFEM also works with decision makers in

order to create enabling environments and undertakes research to serve as a resource base

for women mediators.

A number of cases (Burundi, Rwanda, Sierra Leone, Northern Uganda, Somalia) were

introduced where UNIFEM worked in partnerships with women’s organisations with the

aim of ensuring women’s presence at the peace talks. More fundamentally, UNIFEM aims at

transformation at the local level to ensure women’s human rights are protected.

UNIFEM Liaison Office to the AU is mandated to ensure mainstreaming of gender in the

African Union. The Liaison Office is promoting the implementation of UN Security Council

resolutions. Work is now underway with the AU Peace and Security Department to ensure

that gender is better institutionalized in the African Peace and Security Architecture.

The development of internal capacities within the African Union to mainstream gen-

der in the future envisages i.a. secondment of experts and development of monitoring and


evaluation frameworks. The aim is also to enhance the level of institutionalization in the Af-

rican Peace and Security Architecture and to increase the availability of tools to mainstream

gender including increased opportunity of women’s rights organisations to engage with the

AU Peace and Security Department.

The problem of fragmentation of the agendas between gender, political affairs and peace

and security was raised. In this regard UNIFEM will try to make an effort to prioritize their

activities based on the demand of the AU but noted that it cannot overstep the internal man-

dates of the AU.

5. WOMEN IN PEACE MEDIATION: A NON-STATE ACTOR LEVELThe non-state actor level was discussed with reference to ACCORD’s experience related to

women empowerment in peace and conflict issues.

In context of their work, ACCORD’s knowledge department has developed a reflective ap-

proach on the issues related to the empowerment of women. It was highlighted that it needs

to be acknowledged that peace and conflict have consequences for women and that we need

to understand the realities that we talk about. There is also a need to remain selective about

whom we empower and promote as our champions. Power is an important factor and the

civil society has a big role to play in changing perceptions of power. We should not simply

accept the dominant perceptions. We also need to be careful of women who enter high level

politics and become detached from their constituencies. It is important to think how we tell

the real stories of women engaging in mediation at grass roots level.

In the following discussion,

the importance of women’s con-

stituencies not leaving women

in power alone was addressed.

For example in Zimbabwe, the

women’s groups came to meet

with the UN representative, not

to seek funding, but to make

sure that the UN was informed

about their concerns. In Liberia, President Ellen Johnson Sirleaf has been supported by the

Liberian women at the grass roots level but also constantly reminded that her actions as a

President will, in the end of the day, be judged by them.

The possibility of engaging the Association of the First Ladies as a structure to promote

women’s involvement in peacebuilding was discussed. The idea was introduced in the 1980s

by UNFPA and IFAD. The participants agreed that it would be beneficial to produce an analy-

sis of the experiences in using the network as an advocacy tool and to measure its impact,

even if it would need to be acknowledged that the structure in its current form is not work-

ing and that it lacks follow-up mechanisms and accountability. In terms of working with

mediation, the first ladies could possibly be used as one of the hidden powers, at the same

time bearing in mind the risks involved.

The discussion continued on ensuring capturing of knowledge from peace processes.

How far are we able to capture the track III accurately and make sure that the stories are

told? In addition, the question was raised whether we are also missing the accurate captur-

ing of knowledge of the track I processes. The lessons learned component of the AU projects

The lessons learned component of the AU projects can hardly be fulfilled if the reports do not reveal what has been going on behind the scenes in high-level mediation processes.


can hardly be fulfilled if the reports do not reveal what has been going on behind the scenes

in high-level mediation processes. It was further discussed that in terms of knowledge cap-

ture we need to ensure that the policy briefs and practice notes are fed through to the policy

makers.

In closing, ACCORD’s research in Uganda looking at reintegration of women and girls

in the current context and with 1325 lens in order to analyse the efficacy of the current

programming was discussed. It was noted that if we have the inkling that women’s situation

is becoming worse in the ‘post-conflict’ paradigm, we need to reassess what kind of peace

we are achieving and whether we have in fact defined peace in a correct way. Ensuring the

promotion of indigenous ideas when defining peace is important as is asking the question

‘who’s peace are we talking about’. There is an assumption that we know what the problem

is. However, the complex situations are often understood by the local communities in very

different ways.

To close, recommendations presented by the Civil Society Advisory Group members to

the AU in the Kampala Summit were discussed. These included the following:

1. AU should establish a high level Special Representative on Women, Peace and Secu-

rity with leadership functions to coordinate the initiatives taken on gender peace

and security by member states

2. AU should identify new resources and new funding mechanisms for women, peace

and security

3. AU should encourage active Member States National Action Plans to implement

resolution 1325

4. AU should incorporate gender considerations to mainstream gender in peace ac-

tivities

5. The AU-EU partnership and discussions should be strengthened and to focus on the

women, peace and security component of the collaboration

Dr. Thelma Awori from FAS/Isis-Wicce facilitating the discussion.


The final discussions addressed the need to find resources for the work ahead as well as

information on the different types of funding instruments available for women, peace and

security related work. The situation of the Trust Fund for African Women would need to be

raised effectively.

6. CONCLUSIONS• The experts noted that women do participate actively in peace processes and me-

diation but their efforts are largely in the informal sphere, outside of formal peace

processes and they are under recognized and underfunded. It was also noted that the

AU, for example, has never appointed any woman as a chief mediator, and currently

out of about a dozen of AU special Envoys or Representatives there is only one woman

appointed for Central African Republic (CAR).

• It was also agreed that the effective participation of women in mediation requires a

genuine level of democratic governance, political will and commitments of govern-

ments that foster a collaborative approach to advance women’s rights and effectively

implement gender-sensitive policies

• An enabling AU policy environment for women participation in the field of mediation

is not enough. It must be ensured that these legally binding frameworks are trans-

lated into practical steps for women to become active in peace mediation

• Another key challenge is to ensure that existing AU strategies and structures are fol-

lowed with sufficient commitment in the national and county level in order to deliver

actual change

• There is a need for flexible and rapid high-level funding that targets the participation

of women groups in peace processes as there are examples where women groups

have not been able to attend peace talks simply because they couldn’t afford it

• It must be ensured that civil society and women networks are able to effectively en-

gage themselves in the AU processes in the field of peace and mediation as the AU

department for liaison with civil society is not always engaged in Peace and Security

initiatives

• It was recommended that the AU should develop a qualitative and quantitative data-

base of women mediators and negotiators in Africa

RESOURCE-BASED CONFLICTS ANDSTRATEGIES FOR AFRICAN UNION MEDIATORS22-23 November 2010 Addis Ababa

1. BACKGROUND Africa continues to be afflicted by the scourge of conflicts. Increasingly resource-based con-

flicts have become a defining feature across the continent. Historically, the conflicts in An-

gola, Liberia, Sierra Leone, and Southern Sudan - countries endowed with mineral and natu-

ral resources – illustrate the negative consequences of resource-based conflicts. Notably, the

crisis in the Democratic Republic of the Congo (DRC) has witnessed the predatory incursion

of neighbouring countries and their proxy armed militia to control resource-rich regions.

Resource-based conflicts are notoriously difficult for mediators to manage. The zero-

sum game infused by the quest to control resources makes it difficult for mediators to en-

courage opposing parties to find a common ground. The presence of lucrative resources as

an issue to be resolved in the context of a conflict distorts ability of a mediator to effectively

ascertain whether parties are being obstructionist because of genuine concerns of identity

and their political future, or whether they are primarily motivated by the need to control

resources.

CMI convened an expert seminar on November 22-23 in Addis Ababa to address these is-

sues. The discussions focused on resource-based conflicts and the strategies that AU media-

tors can adopt to manage and resolve disputes which are distorted by this ‘resource contes-

tation’. The aim of the seminar was to draw contributions from participants in strategies and

concrete policy recommendations that African Union mediators can adopt when addressing

resource-based conflicts.

The seminar brought together experts who have a substantial knowledge of conflict

situations in Africa and an understanding of the effects of resource-based conflicts. In total

the seminar was attended by 30 high- level representatives from African governments, the

United Nations, other regional and international organizations, civil society organizations,

including NGOs, academia and the private sector.


2. RESOURCE-BASED CONFLICTS IN AFRICAThe participants were provided and introduction to resource-based conflicts in Africa. In

addition to the general level, more special cases such as Central Africa, Ghana and the Nile

were discussed.

2.1 Introduction to Resource-based Conflicts in AfricaThe presentation by Dr. Tim Murithi4 highlighted the very complex nature of resource -based

conflicts (RBCs). Unlike other types of conflict, RBCs have a powerful economic demand and

supply dimension that go beyond political agendas or identity questions. While resource

deprivation lies at the heart of these kinds of conflicts, biased national resource distribution

serves as a triggering factor. Corruption, both at the national and international level, was

also highlighted as a part of the picture. The vital question especially in mediation is how to

deal with political-economic elites in the African context.

Dr. Murithi highlighted that there are many factors that can be underlined while analys-

ing RBCs in Africa. The fact that the continent is endowed with oil in an era where there is an

increasing demand for it due to instability in other oil producing regions, coupled with the

continent’s endowment with uranium, a mineral used for nuclear energy production, puts

Africa in the eyes of many countries and makes the continent prone to resource-based con-

flicts. There are specific case studies where the demand-supply dimension of the resources

rather than political identity are prevalent and where there exist negative regional as well

as international interventions that fuel resource-based conflicts:

DRC: DRC is a country endowed with Colton and Cassiterite, minerals used for commu-

nication technology. However, unfortunately the huge demand for these resources of-

ten times undermine the on-going peace and mediation initiatives in the country. DRC

case also has regional dimensions with regards to natural resources as its neighboring

countries that are not naturally endowed with certain resources (such as Rwanda) have

started exporting such minerals and have been engaged in trafficking.

The Abyei Region of Sudan: The competition for access to land between the Dinka

(agrarians in the Abyei region) and the Misseriya (pastoralists who sometimes settle in

the Abyei region) has been an issue for Sudan for some time now. This situation is exac-

erbated by the fact that Abyei is one of the most oil rich regions in Sudan.

Cote D’Ivore: Côte d’Ivoire, one of the largest producers of cocoa in the world is also

endowed with diamonds. The on-going confrontation between the government and

opposing forces in the country suggest that the need to control resources to advance

military objectives is a component of the conflict dynamic in the country. Multinational

companies in Côte d’Ivoire, that source cocoa from the country, have systematically failed

to constrain their economic activity and continue to provide resources to the disputing

militia Forces Nouvelles.

The Cabinda Enclave of Angola: Angola, during the extended civil war, was ravaged

by decades of violence which was partly driven by the sale of diamonds. The late Jonas

Savimbi’s UNITA armed militia had a sizeable investment portfolio based on the trade of

diamonds to global buyers.

4. Dr. Tim Murithi’s background paper for the seminar can be found from CMI’s website: http://www.cmi.fi/images/stories/publications/resource-based_conflicts_policy_paper.pdf


In addition to diamonds, the oil resources located in the Cabinda enclave have caused

challenges to Angola and the situation there continues to fester as a resource-based con-

flict that has resisted the peacemaking disputes in the country. As of 2010, Cabinda, located

between the Democratic Republic of the Congo and Congo-Brazzaville, is the only one of An-

gola’s eighteen provinces still at war. The Angolan government has always claimed the terri-

tory and the Cabindans have been campaigning for independence for decades. The enclave

has an oil rich coastline, which produces about 60 percent of Angola’s estimated one million

barrels per day of oil production. As such, it is a lucrative piece of territory for whoever con-

trols it. However, despite of the vast amount of oil wealth that the small enclave possesses

the ordinary people are living in abject poverty.

2.2 Central AfricaThe Central African region is endowed with numerous minerals. Of these minerals, dia-

monds are a grandiose contributing factor to the conflict in the area. The large number of

stakeholders (individuals, neighboring countries, multinational companies etc), coupled

with lack of transparency and accountability in the extraction as well as the transporta-

tion and trade of diamonds at the global level make the situation challenging. Political

problems such as weak institutions in the country and negative intervention of neighbor-

ing countries also undermine the peace processes in the region.

The lack of transparency and accountability at the international level in diamond trade

is a major conflict fueling agent in Central Africa. Drawing from this case the expert group

recommended that the commodity chain of diamonds rather than just the stakeholders

should be investigated.

The group also shed light on the connecting power of minerals that can be seen as an op-

portunity to foster great cooperation between parties on their utilization. The common utili-

zation of Lake Victoria in the Great Lakes region can be taken as an example of this kind of

cooperation. In this regard, resources should not always be considered as causes of conflict.

2.3 West Africa - GhanaThe experts were given presentation on resource (oil) discovery in Ghana, outlining the

heightened expectations following the finding. In Ghana the following issues could lead

to conflict and possible security problems:

• Politics: the discovery of oil was followed by a highly contested elections and the

two main political parties used the oil as campaign tool and made unrealistic prom-

ises

• Unrealistic expectations: the expectations of the ordinary citizen on the oil’s

potential to address the numerous developmental challenges of the country was

raised, most of which cannot be achieved in the near future

• Chieftaincy demands: the chiefs of the Western Region, where the oil is located

presented a petition to government requesting for 10% of the oil revenue to develop

the region. In their view most of the natural resources of the nation are located in

the western region and yet it is one of the least developed regions in the country.

The chiefs have been asking for a share of the national share to develop the region.


Government however informed the chiefs it would not be possible to allocate 10%

of the revenue to the region but a development fund for the region could be estab-

lished

• Unemployed/irritated youth: the youth in the areas where the oil is located have

been demanding employment on the oil rigs. Most of these young men are fisher-

men but due to the oil rigs, some parts of the ocean have become restricted and

inaccessible to fishermen. This has become a cause of worry and affects livelihood

of the people.

• Militia groups: there have been media reports of young men of the area training

and planning on taking up arms to ‘defend’ the environment. They plan to protect

the environment from any form of degradation as a result of the drilling.

• Border disputes: The Gulf of Guinea, where Ghana is located, is supposed to govern

the oil reserves and most countries around the coast could start drilling for oil with

varying quantities. Côte d’Ivoire, one of Ghana’s neighbours has challenged the lo-

cation of one of the oil findings and claims that part of the oil discovery is in their

waters. What makes the situation challenging, is that Ghana and Côte d’Ivoire do

not have clearly defined maritime lines.

• Lack of security: the Ghanaian navy is not currently well equipped to handle and

patrol the country’s shore. There is a risk of Ghana becoming a transit point for vari-

ous criminal activities

The examples mentioned above clearly illustrate the multiple of challenges on multiple

levels that the oil finding has caused in Ghana.

The logo of the African Union.


2.4 The NileThe Nile has more riparian countries than any international river basin in the world with 10

countries sharing its water. The Nile water is estimated to be 84 billion cubic meters, 86%

of its content comes from the Ethiopia Highland and 14% from central Africa via Kenya,

Tanzania and Uganda. Population growth, migration and over-grazing have contributed to

deforestation and land degradation. Due to this the Nile is now experiencing serous environ-

mental pollution as well as drought and desertification.

In addition to environmental challenges, there are also challenges due to lack of com-

prehensive agreement on the use of Nile water. Few agreements exist so far known as the

1929 and 1959 agreements between Egypt and Sudan, excluding the other Nile countries

from the benefiting from the water. However, both of these agreements are not internation-

ally acknowledged and completely rejected by the lower riperian countries. There is also a

Nile River Basin Initiative, an on-going process since 1999 with all Nile river basin countries,

signed by 5 upper riparian countries.

Currently all the Nile ri-

parian states have drawn

ambitious national water de-

velopment plans. The prob-

lem is, however, that these

are often carried out on uni-

lateral and non-consultative

bases, which imminently

create further tensions. The

unilateral approach is con-

flict-laden and incompat-

ible with more cooperative

approach. It is not so much

about the amount of Nile wa-

ter available in the region that makes it scarce and source of conflict but rather it is the un-

equal utilisation of the water. The result has been insecurity and fear over utilisation of the

Nile waters. Cooperation is highly needed among the riparian states if the Nile basin’s envi-

ronment is to be conserved and food security and sustainable development is to be ensured.

3. MEDIATION AND RESOURCE-BASED CONFLICTSThe group discussed the concept of mediation as well as highlighted issues relevant to

mediation of resource-based conflicts.

Mediation should be seen as a process in which the mediator facilitates negotiations

between the relevant stakeholders. It should not be seen as a process where the mediator

tries to get the approval of relevant stakeholders to his/her pre-determined resolutions. The

solution should always come from the actors themselves in order to ensure sustainability.

Mediation shouldn’t be seen as a process of accusations and arbitrations, but rather a pro-

cess of compromise and concessions in which all relevant actors are aware of the undesir-

able consequence of the failure of the mediation process.

Currently all the Nile riparian states have drawn ambitious national water development plans. The problem is, however, that these are often carried out on unilateral and non-consultative bases, which imminently create fur-ther tensions. The unilateral approach is conflict-laden and incompatible with more cooperative approach.


Concerning mediation the participants highlighted the following points:

• There is a need to have a list of criteria, skills and qualifications, which one should

have in order to engage in mediation. Organisations such as the African Union

could indeed have some role in identifying and outlining such skills. CMI is current-

ly working on a roaster of mediators which can be seen as a positive step towards

achieving this end.

• The style of mediation should be flexible and context-specific to the situation at

hand rather than following a one-size-fits-all approach.

• Since mediation is platform that facilitates negotiations among various actors it

should be open to all relevant actors. Also, it should not be forgotten that the solu-

tion comes from within the group and should not be forced from an external stake-

holder (the mediator for example).

• The group also made note of unofficial negotiations going in parallel to the official

mediations. In addition, it was recommended that mediation should occur at mul-

tiple levels. Ex-politicians and people of grand reverence can play a role in higher

level mediation whilst CSOs and think-tanks can also assume various roles at dif-

ferent levels.

• Mediators should always be chosen with care and it should always consist of neu-

tral, credible, experienced or professional persons that are acceptable in the eyes of

all parties.

• The group noted that the process of mediation shouldn’t stop once agreement has

been made. It is as important to continue to the next stage to follow-up to see if the

decisions agreed are implemented. Here mediators should also see that justice for

the acts committed during conflict are servedafter negotiation has reached an end.

• Mediation processes should always strive to include women and youth as they are a

significant sector of society. The African Union is currently running a program that

aims to integrate women in mediation roles.

Concerning resource-based conflicts and mediation of resource-based conflicts the fol-

lowing points were highlighted:

• The group highlighted that government negligence and biased distribution of

wealth from resources, coupled with bad governance are primary causes of RBCs.

However, there is a need to understand the true role of the resources in conflict as

sometimes the conflicts are fueled rather than caused by the resources themselves.

• Though the root factors of RBCs are numerous, including the ones stated above, the

group acknowledged the availability of small and light weapons after the collapse

of the Soviet Union as the exacerbating factor for violent conflict.

• Participants of the seminar concluded that in solving RBCs in Africa, the problem is

often times at the implementation stage of the process and not in finding credible

mediators or a well planned mediation process. Further, the group pointed out that


past activities should be accounted for and lessons should be drawn before future

progress can be made in mediation and intervention.

• With regards to the role of the AU in mediation and resolution of RBCs, the group

identified the lack of absolute power of the AU as an independent body, due to its

heavy reliance on its member states, as its weakest point. The organisation’s alle-

giances to its member states and the non-intervention principle all pose a limita-

tion to AU’s mediation exercise. However, the Panel of the Wise can use its special

mandate to go beyond these limitations. This is a work still in progress.

• The group also underlined that due to the complexity of the nature of RBCs, interna-

tional and regional organisations, mediators and think-tanks need to “think outside

of the box” and come up with innovative ways of dealing with RBCs

• In addition to economic issues, RBCs are also driven by identity issues as well as po-

litical problems which often emanate from state weakness. Hence enhancing states’

capacity is one tool in creating sustainable peace in a country.

• The group also underlined that the root problems of RBCs should thoroughly be

investigated and dealt with, rather than trying to “buy peace” by offering incentives

to some of the parties at the negotiation table. However, the group admitted that the

identification of “relevant” parties might prove challenging.

4.CONCLUSIONS AND RECOMMENDATIONSAfrica enjoys the benefit of vast resources vital to its development needs. The continent

is known to have extensive reserves of fossil fuels, minerals like bauxite and titanium as

well as precious metals like gold and diamond. Subsequently, it has very often been said

that Africa has the potential to meet the needs of its population. However, it is unfortunate

that the resources are not being put to optimum use as they tend to be the source or cause

Flags of the African Union member states in front of the African Union Headquaters, Addis Ababa.


of major conflicts in parts of Africa. These conflicts effectively become self-financing and

self-perpetuating disputes. Resource-rich regions can often become contested by several

sovereign states as was the case in the DRC. Furthermore, both governments and armed

militia can equally become implicated in the exploitation of natural resources to fund

their conflicts as was the case in Côte d’ivoire and Cabinda.

Resource-based conflicts are notoriously difficult for mediators to manage. The zero-

sum game infused by the quest to control resources makes it difficult for mediators to en-

courage opposing parties to find a common ground. The presence of lucrative distorts abil-

ity of a mediator to effectively ascertain whether parties are being obstructionist because of

genuine concerns of identity and their political future, or whether they are primarily moti-

vated by the need to control resources.

The following recommendations can be drawn from the discussions:

• The issue of natural resources should be treated as a governance issue and must

be addressed at all levels: local, national, regional, continental as well as at the in-

ternational level. Hence, promoting good governance should be used in addressing

resource wealth distribution, and resource management which in the long-run can

be used as a preventive measure against RBCs.

• Existing mechanisms for collaboration between, and coordination of, the actors and

stakeholders involved in and affected by natural resource governance, including

the private sector, civil society, local communities, governments and multilaterals

(such as the African Union (AU), regional economic communities (RECs) and the

United Nations should be strengthened.

• The economic aspects of RBCs should be the base on which peace agreements are

drafted; the zero-sum contestations involved in RBCs should be addressed.

• Not only the source country but also the supply chain and destination of resources

should be considered in trying to solve RBC.

• The Panel of the Wise can and should use its special mandates to go beyond bureau-

cratic limitations in order to address RBCs especially through mediation

• The wealth-sharing agreement of the Sudan is a very crucial document that can be

used as a prototype exemplifying to mediators how fair sharing of resources can

be achieved

• CSOs and also the African Union should develop guidance for mediation and a list of

skills needed to “certify” a mediator. Since the credibility of mediators is crucial in

the whole process, care should be taken when selecting mediators

• There should be monitoring process of signed agreements in order to make sure

that the principles of the agreement are properly implemented

• Acknowledging the constitutive act of the AU as a hindrance, the political will and

accountability the heads of states usually pose a challenge to the work of the AU. In

this regard, the AU should review how it can deal with high level politics to support

its work in the field of mediation an conflict resolution


PEACE AND JUSTICE: CHALLENGES ANDWAY FORWARD FOR THE AFRICAN UNIONAddis Ababa 15-16 July, 2010

1.BACKGROUND CMI in collaboration with the International Centre for Transitional Justice (ICTJ) convened

an expert meeting in the framework of AU mediation support capacity project in Addis

Ababa, 15-16 July 2010 on peace and justice. The aim of the seminar was to collect expert

opinions on how the AU might overcome challenges of transitional justice issues during

mediation processes.

Among the issues discussed were the historical experience of practicing transitional jus-

tice specifically in Western Africa, the existing AU policy framework peace and justice and

the challenges faced in practice.

2. THE AFRICAN UNION POLICY FRAMEWORK ON PEACEAND JUSTICE AND CHALLENGES IN PRACTICETo set the scene, the experts were given a presentation by Dr. Tim Murithi on the situ-

ation concerning peace and justice related issues within the African Union. The issues

of impunity, justice and conflict resolution have been indeed addressed by the African

Union through different policy frameworks. The challenge lies in turning these policies

into practise.

Dr. Tim Murithi reminded the group that there already exist corpus of texts where the AU

has addressed peace and justice issues. These texts include:

• Constitutive Act of the African Union5 - Article 4 addresses the aim of peaceful resolu-

tion of conflicts, the need to respect the sanctity of human life and the condemna-

tion and rejection of impunity;

• Protocol Relating to Establishment of the Peace and Security Council of the African

Union - Articles 6 and 146 refer to peacemaking and peacebuilding with specific ref-

erence to restoration of the rule of law and the establishment of conditions for post-

conflict rebuilding of society;

• Post Conflict Reconstruction and Development policy of July 20067 can be seen as the

most explicit statement on the topic with specific section addressing human rights,

justice and reconciliation. It emphasizes the need to establish efficient justice sec-

tions and adherence to principles of international humanitarian law, need for judi-

5. http://www.au2002.gov.za/docs/key_oau/au_act.htm6. http://www.africa-union.org/root/au/organs/psc/Protocol_peace%20and%20security.pdf7. http://www.africaunion.org/root/AU/AUC/Departments/PSC/PCRD/PCRD%20Main%20Web%20Source/index.html


cial reform and rejecting impunity, need to facilitate peacebuilding and reconcilia-

tion as well as need to use traditional mechanisms to the extent that are compatible

with International Humanitarian Law and human rights;

• African Charter on Democracy, Elections & Governance8 seeks to secure the gains

of democratic governance in Africa and to entrench a culture of change of politi-

cal power through the holding of regular, free, fair and transparent elections. The

charter also states that all necessary measures must be taken to to strengthen the

AU organs that are mandated to promote and protect human rights and to fight

impunity and endow them with the necessary resources”;

• President Mbeki’s report of AU high level panel on Darfur: The Quest for Peace, Justice

and Reconciliation9 responds specifically to the situation in Darfur but also makes

generic recommendations on integrated justice and reconciliation responses, the

utility of comprehensive national processes and principles for the establishment of

hybrid courts in parallel with truth telling and reconciliation processes.

Reference to the above mentioned documents proves that there exists a policy framework

within the AU concerning impunity, justice and conflict resolution. However, policy frame-

work on itself is not enough, and needs to be rooted into practice.

There was indeed a strong desire within the group to review this policy framework on

the basis of conceptual clarity together with understanding from the field on the dynamics

of peace processes and specifically the actual practice and the “way of doing business” of

the mediators of the African continent. It was acknowledged that principles which at first

seemed clear-cut proved to be difficult to make work in practice, in the dirty and difficult

business of peacemaking. One of the problems identified was the patrimonial nature of Af-

rican state and politics which contrast with the AU´s legal and normative framework. There

is a need for an AU approach to discuss options how this could be addressed and controlled.

It was also highlighted that it is important to identify the shortcomings in the way that

Africans have addressed the challenges related to peace and justice. However, as important

it is to highlight the extent to which the experience in Africa has shaped the international

debate. It was underlined that Africa has been the only region where the principle of non-

indifference has been entrenched with Treaty status.

The expert group noted that there exist challenges concerning peace and justice related

issues also among the mediators in Africa. An initial observation of the participants was that

the mediators in Africa haven’t typically been sufficiently sensitive to the voice of victims

of rights violations and to the extent to which agreements could entrench impunity. Typi-

cally perpetrators of abuses have been direct parties to the peace process whilst victims and

civil society have been absent either by design or by accident. Mediators therefore need to

consider how they could ensure that the rights of victims are ‘brought to the table’, whilst

recognising that immediate need of ending violence might require a sequencing in which

accountability is addressed at a different stage. This sequencing needs to be entrenched dur-

ing transition as a leverage of the international community, including the AU.

8. http://www.africa-union.org/root/au/Documents/Treaties/text/Charter%20on%20Democracy.pdf9. http://www.darfurpanel.org/resources/AUPD+Report+on+Darfur+$28Eng+$29+October+26+09.pdf


A strong plea was made for the AU mediators’ responses to the issue of impunity to

be fully informed by the political context and understanding of the nature of the conflict.

On the African continent, negotiating in a ‘victor/defeated’ scenario is much less frequent

than stalemate. Regional spill-over has become pervasive and militates against state-centric

approaches to peacemaking and justice. Furthermore, the precedents set on the issue of

amnesty are dynamic and change the calculations that negotiating parties will make over

time. For example, the Charles Taylor case has made protagonists in other conflicts wary of

guarantees of safe exit.

The AU approach should utilise its legitimacy, derived from the AU legal framework, to

overcome the veto wielding power of protagonists who could hide behind arguments that

give primacy to state-centric consent. The AU panel of the wise is an important mechanism

in this regard. Other enforcement mechanisms at the AU level may be necessary. In any case,

AU mandated mediators must respect AU principles, including the issue of amnesty.

3.PRACTICING TRANSITIONAL JUSTICE: WEST AFRICA’S EXPERIENCETo set the peace and justice debate into practical perspective, the expert seminar presenta-

tions provided a brief historical overview of the treatment of transitional justice in Africa

concentrating on West Africa. Discussions focused more deeply into the case of Liberia.

The TRC in general was seen among the experts as an alternative to a war crimes tribu-

nal and as especially as a means to allow reconciliation. In the Liberia case, two challenges

were highlighted. Firstly, there has been challenges concerning the role of external actors as

there has been a lack of coordination between donors.

In addition to lack of coordinated approach there has been divisions also between Com-

missioners of the TRC . This points to the need for an agreement on standards of conduct,

confidentiality and proper procedure for resolution of differences of opinion within the

Discussions at the seminar.


members of the TRC. The AU could for example assist in setting standards for appointment

of them and play a role in monitoring and evaluation. The AU states should be encouraged

to submit to such a committee.

In comparison to Sierra Leone, Liberia’s TRC can be praised for being participatory. The

Sierra Leone case highlights the

difficulty of ensuring nationally

owned approaches which have

built national capacity in an

environment dominated by ex-

ternal ‘donor’ interests, whether

coordinated or not. Meanwhile

in Liberia, the TRC process has

been participatory with the

engagement of the sub-region. However, it can be said that in Liberia the ‘truth’ had been

compromised by a loss of confidence in the Commission. This acts as a reminder of the im-

portance that any TRC findings must be supported by publicly available facts in order to

ensure due process with a view to ensuring public confidence and respect of the rights of

the accused.

The extent to which TRC should not and could not be a strictly national affair was further

discussed. A suggested role for the AU in TRC process would be in formulating guidelines to

ensure that the standards are upheld, ensuring the procedural fairness and ensuring that

the recommendations are implemented and cross-border dimensions are addressed. It was

highlighted that transitional justice guidelines should also be drafted to take account the re-

gional dimension of conflict in Africa and overcome the overwhelming state-centric nature

of the transitional justice structure and provide the possibility of cross-regional support. The

challenge for the mediators in the region has been that peace agreements have not been

comprehensive and tackled the root causes of the conflict, including the need to address

abuses of the past, when these have been cross-border issues. This makes a strong case for

sub-regional or continental organisation to engage in these kinds of situations. National

ownership, however, remains crucial and truth and reconciliation processes are often con-

tingent on wider political reform of the security sector.

In order to understand issues affecting the integrity of mediation process, the expert

seminar also focused on reviewing the strategic context in which conflicts have taken place

in West Africa. Examples from across the region demonstrated that these conflicts were not

purely internal and not only related to the actions of the state. The negotiation phase of the

example conflicts has taken on average eleven years. This phase has been characterized by a

competitive process by different West African leaders. They have launched initiatives which

typically result in a plethora of aborted agreements, one of which eventually gains capture.

It is crucial that mediators have a full understanding of such context and that human dig-

nity and justice should not be delinked from the process. The ECOWAS and AU principle of

no tolerance for coup d’états had provided a framework for negotiations but these principles

could not be managed solely through the prism of the nation state.

Any TRC findings must be supported by publicly available facts in order to ensure due process with a view to en-suring public confidence and respect of the rights of the accused.


4.REFLECTIONS ON THE ONGOING DEBATE ON PEACE AND JUSTICE:CHALLENGES AND WAY FORWARD TO THE AFRICAN UNIONIn addition to highlighting the already existing AU policies on peace and security and the

discussing the West Africa case, the expert group also reflected the on-going debate on

peace and justice.

The transitional justice paradigm has evolved from a narrow paradigm focusing on

‘dealing with past abuses’ to a wider one with multiple set of goals. These goals include

truth recovery with a view to preventing recurrence, nation building and building relation-

ships between communities as well as rule of law. These goals on its behalf are related to

the broader debate about building meaningful democracy and ultimately sustainable peace.

Despite these principles being integral to the AU framework, the AU has been reactive

to the external pressure on the issue. The situation in Africa has been compounded by the

intra-state and regional dimension of conflicts. However, it is not acceptable for the African

approach to be characterised as one of abandoning principles in the interest of deal making

and brokering.

There are number of case studies that can be used for reviewing the AU role in mediation

and peace and justice efforts:

• OAU mediation Ethiopia and Eritrea 2002- case is a classic conflict between two

states focusing on border dispute. The primary cause of the casualties in this con-

flict were military clashes, but there were also violations towards civilians, specifi-

cally in terms of the expulsion of civilian populations. To deal with the issue OAU

created a Claims Commission and a Border Commission as well as a body, estab-

lished under the International Court of Arbitration, to determine responsibility.

This all illustrates how the OAU dealt with an issue affecting cross border responsi-

bility for conflict and atrocities committed by one state on the territory of another.

The rulings of the Court found that Eritrea was responsible and condemned the

country with requirement to pay compensation. The uprooted have remained dis-

enfranchised.

• DRC 1998-2002- case can be seen as a multi-layered conflict with local, national

and international dimensions. The Lusaka Agreement fostered the UN intervention

and the South African brokered efforts in the Intercongolese dialogue. The belliger-

ents (Government and factions) were not interested in the issue of justice and did

not want to address it. Only through the efforts of civil society the institutions to

address victims’ claims were included in to the Global Peace Agreement. A TRC was

created with members selected and appointed by the belligerents.

In parallel with the creation of TRC, Anti-Corruption, Elections and other Commis-

sions were created. During the transitional period civil society was co-opted into

such structures but they lacked funding and were marginalised. This resulted in a

TRC being just a name without legitimacy or action. The National Independent Com-

mission for Elections was the only Commission which performed in practice. This

DRC case clearly highlights the risk of creation of institutions that fail to deliver in

practice.


• IGAD peace process Sudan 2002-2005 concluded with signing of Comprehensive

Peace Agreement (CPA) between the Government and rebels of South Sudan. The

parties sought blanket amnesty but the mediators advised against this. As a result

the CPA is silent on justice issues.

Comprehensive Peace Agreement called for a ceasefire and required the Govern-

ment of Sudan to undertake extensive legal and rule of law reforms to put the coun-

try on track for democratisation and transformation of governance. During past six

years of implementation the national unity government applied the CPA selectively,

meaning that despite of the disputes the ceasefire agreement was consistently ap-

plied. However, other provisions relating to the rights of provinces in the north

who had supported the south and more fundamentally, the institutional reforms

required under the agreement were not yet implemented.

• Abuja peace process Darfur 2005-2006 placed justice concerns high on the part of

the rebels in the case where the AU acted as a main mediator. Due to transformed

International Criminal Court (ICC) indictments justice was no longer needed to be

put at the centre of mediation. Abuja Agreement included a chapter on compensa-

tion for the victims, and justice was conflated with the need to uphold the rights of

victims due to the demand of civil society. It was not the AU but rather an indepen-

dent body based in Geneva which drafted the victims’ provisions.

The Darfur Peace Agreement was not signed by all factions and there are still ongo-

ing efforts to revive the efforts through the Doha process under Joint Mediator (AU/

Dr. Suliman Baldo from International Centre for Transitional Justice, Mr. Alemayehu Behabtu from Crisis Management Initia-tive and Dr. Tim Murithi from Institute for Justice and Reconciliation.


UN), Djibrill Yipènè Bassolé. The revival of the process was in large part a response

to the ICC intervention. When the Chief Prosecutor stated that he would seek indict-

ment, the Government of Sudan launched a major diplomatic offensive with League

of Arab states, Organisation of Islamic Conference etc. These partners insisted that

the Government of Sudan took some initiative in order to argue that there could be

a deferral under the ICC Statutes in the event of an indictment. This demonstrates

that the calculation of the parties was tactical and not concerned with needs of vic-

tims and sustainable peace. The Doha peace process does nevertheless have a civil

society track and it is in this forum that the justice claim is heard.

• The AU was most creative in the Darfur case in establishing the Mbeki Panel. The

recommendations of the Panel10 now exist as the policy of the AU towards the situa-

tion in Darfur. They are comprehensive with regard to international principles and

the obligations of the AU states in upholding the norms and values of the AU, in-

cluding the Constitutive Act.

The discussion in the expert seminar reinforced the view that the AU should play a more

central role, with strong political analysis and commitment to the new doctrine of sover-

eignty of states as critical preconditions. The principle of consent of conflict engagement

has been transformed and the AU should not passively wait for consent but should instead

10. http://www.darfurpanel.org/resources/AUPD+Report+on+Darfur+$28Eng+$29+October+26+09.pdf

Dr. Ademola Araoye from UNMIL taking part in to the discussions.


actively seek it. The AU intergovernmental culture of timidity would need to shift to supra-

nationality. One possibility would be the creation of a cadre of political mediation profes-

sionals well versed in AU principles to improve the practice of selecting mediators from

the pool of former heads of state.

There was some debate over whether African leaders were unique in being averse to

accountability and seeking amnesty during negotiations. It was highlighted that the AU

could, however, aim to lead the debate and set the agenda on impunity and accountability

in its own region. The African Court(s) do have a role to play in responding to the critique of

ICC as an external actor in Africa

5.CONCLUSIONSThe group of African experts on transitional justice and mediation agreed that the African

Union mediation practice should be focused on the need to build sustainable peace. In

accordance with the AU norms, this requires an approach addressing key issues on impu-

nity, reconciliation and justice. The group also noted that:

• The AU policy framework on peace and justice should be reviewed on the basis of

conceptual clarity together with the understanding from the field on the dynamics

of peace processes and specifically the actual practise of the mediators in Africa

• Often times the perpetrator of abuses have been direct parties to peace processes

whilst victims and civil society have been absent either by design or accident. Medi-

ators need to consider how they could ensure that rights of victims can be brought

to the table whilst recognizing that immediate need of ending violence might re-

quire sequencing in which accountability is addressed at a different stage.

• The issue of justice and reconciliation is often only raised by civil society actors and

international groups rather than states.

• Peace building and justice issues could not be addressed with purely state-centric

approaches as these issues might have cross-border dimensions. When trying to

find a solution to these issues, assistance of supranational bodies can be used. How-

ever, the importance of national ownership of these processes must be kept in mind.

• The failure to adequately address justice concerns in a peace agreement and poorly han-

dled TRC processes can have profound negative impact on the endurance of the peace

agreements and finally, to the sustainability of peace well beyond the country level

The expert group also made the following recommendations:

• The continent would benefit from the establishment of an AU-level transitional jus-

tice mechanism which would monitor and evaluate transitional justice processes

and ensure that standards are being applied in order to ensure the sustainability

of peace

• The AU mediators must act in accordance with the highest possible international

standards (e.g. non-tolerance for amnesty in crimes with gross violations of human

rights) that should be binding on an AU mediator.

• The experts also highlighted the urgent need to start documenting the practice

around amnesty in order to identify the gaps in the practice and ensure fight

against impunity when it comes to peace agreements

Dr. Ademola Araoye from UNMIL taking part in to the discussions.


ANNEX 1

AGENDA: Seminar on Inclusive Peace: Debating the African Union Mandate for Enhanced Women Participation in Peace Mediation, 23-24 September 2010, Harmony Hotel- Addis Ababa

Day One (Thursday, 23 September)

09:00 Coffee and registration 09:45 Welcome by CMI 10:00 Opening Speech by Mr. Leo Olasvirta, Ambassador of Finland to Ethiopia 10:15 Tour de table (Introducing participants)

10:30 Reflections on AU frameworks on women participation in peace processes/ mediation/peacebuilding (Ms.Joyce Laker, Senior Manager, Conflict Intervention and Peacebuilding Support and Mediation at CCR-Cape Town)

Discussion facilitator: Dr. Thelma Awori, FAS Board Member and Member of the Civil Society Advisory Group on UNSCR 1325.

11:30 Coffee break (and group photo)11:50 Discussions on the Challenges and Opportunities 13:00: Lunch 14: 30 Women in Peace Mediation: The West Africa Region/ECOWAS experience Ms. Euphemia Akos Dzathor, IFOR/WPP Africa Regional Coordinator, Accra and Ms. Pamela Cole, National Network Coordinator, Gambia)

Discussion facilitator: Ms. Bridget Osakwe Programme Manager WANEP Nigeria

16:00: Coffee break

16:00 The UN/UNIFEM frameworks and experience on women involvement in peace processes/mediation/peacebuilding (Ms. Tikikel Tadele, Program Officer UNIFEM/ AU-ECA Liaison Office)

Discussion facilitator: Dr. Thelma Awori

17:00 Wrap up for the day

18:30 Reception at the Ambassador’s Residence


Day Two (Friday, 24 September)

9:00 Women in Peace Mediation: A Non-State Actor level. ACCORD’s experience (Dr. Grace Maina: Manager, Knowledge Production Department, ACCORD, Durban)

Discussion facilitator: Ms. Joyce Laker

10:00 Discussions on AU Panel of the Wise Report on “Mitigating Vulnerabilities of Women and Children in Armed Conflicts”

Discussion facilitator Dr. Thelma Awori

11:00 Coffee Break11:20 Continued Discussion on the above (focus on making recommendations more concrete and actionable)

12:00 Way forward (CMI)13:00 Closing


ANNEX 2

AGENDA: Seminar on Resource-based Conflicts and Strategies for African Union Mediators, Panorama Hotel, Addis Ababa, November 22-23, 2010

Day One (Monday, 22 November)

09:00 Coffee and registration 09:40 Welcome and opening by Ms Kirsi Joenpolvi, Head, Africa Programme- Crisis Management Initiative-(Helsinki)

09:50 Key note by Dr Kassim M. Khamis, Political Analyst, AU Peace and Security Directorate on the relegance of Seminar Theme for AU Peace and Security Agenda

10:00 Tour de table (Introducing participants)

10:30 General Reflections on Challenges posed by Resource based conflicts in Africa

Inputs by Dr Tim Murithi, Head, Africa Programme, Institute for Justice and Reconciliation – (Cape Town)

Discussion facilitator: Dr Tony Karbo, Senior Program Officer and Associate Professor, UPEACE – (Cost Rica/Addis Ababa)

11:30 Coffee break (and group photo)11:50 Continued discussion on the above 13:00: Lunch 14: 30 Experiences and Case Studies

Central Africa (diamonds/oil) - facilitated by Dr Tony Karbo Inputs by Dr. Francis Nguendi Ikome Prog. Head, African Conflict PreventionProgramme (ACCP), Institute for Security Studies – (Pretoria)

16:00: Coffee break16:00: Experiences and Case Studies (continued)

West Africa-(oil, timber) facilitated by Dr Tim Murithi

Inputs by Ms Joana Osei-Tutu, Research Associate on the Int’l Institution Programs, Kofi Annan Int’l Peacekeeping Training Centre (Accra)

17:00 Wrap up for the day (by facilitator)


Day Two (Tuesday, 23 September)

9:00 Experiences and Case Studies (continued)

East Africa & North Africa (Nile Waters)

Inputs by Dr Debay Tadesse, Senior Researcher and Nile Expert (Conflict Prevention Programme, Institute for Security Studies- (Addis Ababa)

Discussion facilitator: Dr Tim Murithi

11:00 Coffee Break11:20 Natural Resource Conflicts and Difficulties in Mediation Inputs by Mr Said Abass Ahamed, Affiliated Professor of Negotiation and Geopolitics, Rouen Business School- (Paris)

Discussion facilitator: Dr Tony Karbo

12: 30 Way forward : Alemayehu Behabtu, Project Manager, AU Mediation Capacity Support Project, Crisis Management Initiative – (Addis Ababa).

12:40 Final closing words: Ms Kirsi Joenpolvi, Head, Africa Programme, CMI


ANNEX 3

AGENDA: Seminar on Peace and Justice: Challenges and Way Forward to the African Union 15-16 July 2010, Harmony Hotel- Addis Ababa

Day One (Thursday, 15 July)

09:00 Coffee and registration

09:45 Welcome by CMI

10:00 Opening by AU PSD/CMD

10:30 Introducing participants (by facilitator- Dr.Tim Murithi, Head of the Transitional Justice in Africa Programme, Institute for Justice and Reconciliation) 11:00 Coffee break

11:30 Practicing Transitional Justice: a historical perspective of Africa’s Experience: (Yasmin Sooka, Executive Director, Foundation for Human Rights)

13:00 Lunch

14: 30 Reflections on the ongoing debate on Peace and Justice: challenges and way forward to the African Union (Yasmin Sooka and Suliman Baldo, Director, ICTJ Africa Program)

15:30 Coffee break

16:00 Film on Uganda highlighting the challenges of peace and justice

17: 30 Wrap- up for the day (Tim Murithi)

18:30 Reception at Yod Abyssinia (Amb Leo Olsvirta, Ambassador of Finland, to Ethiopia)


Day Two (Friday, 16 July)

9:00 Negotiating Transitional Justice: The Truth and Reconciliation Commissio experience in Liberia (by Cllr Pearl Brown Bull, former Commissioner for the TRC-Liberia)

10:30 Coffee break

11:00 Negotiating Transitional Justice: West Africa experience (by Dr. Ademola Araoye, Chief, Political, Policy and Planning, United Nations Mission in Liberia)

13:00 Lunch

14: 00 Discussions on AU Panel of the Wise Report on Impunity, Justice and National Reconciliation; including a focus group deliberations on recommendations to the AU Panel of the Wise (Comfort Ero, Head of Office, South Africa/Deputy Director, ICTJ Africa Program)

15:30 Coffee break

16:00 Continued Discussion

18:00 Way forward and closing (CMI)

Eteläranta 12, FI-00130 Helsinki, Finland, tel +358 9 424 2810, [email protected]

205 Rue Belliard, Box 3, BE-1040 Brussels, Belgium, tel +32 2 239 2115, [email protected]

www.cmi.fi

Des

igned

by

Hie

kka

Gra

phic

s

cmi – au report

Documents

peace mediation

mediation capacity

african continent

african centre

african track

field of mediation

mediation support unit

au mediation policy