FROM RIGHTS TO RESPONSIBILITIES

This article aims to explore possible avenues that the international community can use in order to justify forcible intervention in sovereign states in cases where gross and systematic violations of the human rights of the he population take place, but where the legal authority for such intervention is not forthcoming from the Uni ted Nations Security Council. Two possible justifications are identified: the doctrine of humanitarian intervention, which despite being controversial, enjoys a measure of acceptance due to the practice of states in this regard, and the notion of an international responsibility to protect vulnerable populations and individuals. The latter option, despite a vague and uncertain legal basis, offers several advantages: it focuses on the suffering of human beings and not on the rights of states, it enumerates clear and definable thresholds for intervention by the international community and acknowledges that intervention is only one step in the process of achieving peace, to be preceded by preventive action and followed by post-conflict reconstruction. It is submit ted that elements of the notion of an international “responsibility to protect” are to be found in the Constitutive Act of the African Union and especially the Protocol on the Establishment of the Peace and Security Council. Furthermore, the principles underlying this notion, as developed by the International Commission on Intervention and State Sovereignty may serve as guidelines in decisions by the Assembly to authorise interventions in AU members.     

THE RIGHT INTERVENTION

Sovereignty has often been used to protect leaders at the expense of citizens. The Constitutive Act of the African Union (AU) allows for intervention without the consent of the target state in a way that the OAU system of complete consensus never did. Ensuring that intervention is effective is as important as the decision of when and why to intervene. Sanctions, criminal prosecutions and military interventions are the broad options available to the AU. To be effective, though, the AU will need to agree on how intervention will be authorised and on mechanisms for its implementation. While the AU may have limited resources, not all action is costly. If African leaders speak out against human rights violations whenever they occur and combine this with a small, well-trained regional force, the benefits will far outweigh the costs.     

THE PLACE OF THE AFRICAN COMMISSION IN THE NEW AFRICAN DISPENSATION

The mandate to promote human rights in Africa is a challenging one and the African Commission on Human and Peoples' Rights, whose mandate it is, will have to use partnerships, such as NEPAD and other supportive multilateral institutions to fulfil it. The African human rights enforcement mechanism can only be as strong as the African peoples themselves make it. This paper examines the African Commission on Human and Peoples' Rights and looks at the role of the Commission in the New African dispensation following the adopting of the Constitutive Act of the African Union and the adoption of the New Partnership for African Development (NEPAD).     

Human Security and the State in Africa

The most recent major document on human security tells us more about the ideal of human security than how this worthy objective can best be achieved. This is a problem because most African states were created to serve as a bulwark against further colonial rule rather than provide domestic order and protection for their citizens. Many African states have since become battlegrounds for ethnic or economic struggles. Neither a new and committed African leadership, nor intervention by the international community, is likely to transcend this problem and effectively advance the human security agenda. A reformed African state—one which induces leaders to be more concerned with advancing the interests of their people more broadly—remains the only viable alternative. The problem is that any reform of African states will also involve difficult trade-offs and dilemmas.     

Beyond the state: reconceptualising African security in the 21st century

Confronted with myriad security challenges, African states and the much-vaunted peace and security architecture of the African Union (AU) has proven not to be up to the challenge. Indeed, this is implicitly acknowledged by the AU itself if one considers the creation of such security structures as the African Mission in Somalia (AMISOM), which exists outside its peace and security architecture. This paper argues for a radical rethink of security structures on the African continent – one in which state structures of security coexist with newer forms of security actors, including private military companies (PMCs), community movements and the business sector. Whilst this shift in security actors is already happening on the ground, policymakers need to embrace this new reality.     

REFLECTIONS ON THE INTEGRATION OF THE MILITARY IN SOUTH AFRICA

This paper explores the contribution of the African Union (AU) to human security promotion in Africa. It contends that human security concerns informed the formation of the AU. Through the efforts of the AU Commission, the African ruling elite and policy-makers have become aware of human security doctrines. Human security ideas have been integrated into AU binding agreements, declarations, decisions and policies. The commission is now in the difficult, yet most important, phase of trying to persuade significant numbers of the African ruling elite and civil society to accept human security as a guiding principle and the desirable norm. Through the African Citizens' Directorate (CIDO), the commission is using indigenous African civil society groups to institutionalise human security doctrines in Africa. The commission faces serious challenges in its efforts to make human security the only security norm. While member states of the AU that have never been comfortable with the introduction of human security doctrines into the continental integration project are tacitly undermining the CIDO's ability to work with civil society groups to institutionalise the doctrines in Africa, the leaders who enthusiastically supported the integration of human security doctrines into the documents and work of the AU have seemed in recent times to be less resolute in their support of AU Commission's human security work.     

Interstate border disputes in Africa: Their resolution and implications for human rights and peace

Many researchers have focused on the role colonialism has played in causing interstate border disputes in Africa. Besides the colonial issue, this paper seeks to investigate what other factors fuel interstate border disputes in Africa and determine how effectively the disputes can be resolved. In recent decades, Africa has been tormented by and is still experiencing numerous interstate border disputes which have serious implications for the disputing states. Some of the disputes are resolved, but violations of human rights and instability still occur in these regions. By analysing the content of some relevant documents and with the use of interviews, this paper reveals that most disputing African states rely heavily on foreign intervention (especially by their erstwhile colonial masters) in the resolution of their disputes. It is argued that African leaders need to be more committed and exhibit better leadership in resolving their border disputes, and that they should always seek the expertise of African forums such as the African Union (AU) before calling for foreign intervention. It is suggested that African leaders and the AU understand the problems of Africans better than anyone else, and they are also the ones mostly greatly affected by these disputes. Thus, there needs to be more of a focus on addressing the root causes of disputes in order to avoid them resurfacing, rather than seeking to merely halt them.     

From stopping to preventing atrocities

The Constitutive Act of the African Union (AU) provides for the right of the continental body to intervene in the face of war crimes, genocide and crimes against humanity. According to its formulation, Article 4(h) intervention entails military force, which is triggered when a target state fails to discharge its duty to protect its population from mass atrocities. Although Article 4(h) is an ambitious statutory commitment to intervene in a member state by the AU, the Libyan crisis in 2011 showed the ambivalence of the continental institution to act in a decisive and timely manner. The AU's failure to invoke Article 4(h) exposed the need for building the capacity and political will to intervene and to interpret Article 4(h). Therefore, the primary focus of this article is on how Article 4(h) should be interpreted. Flowing from the Pretoria Principles, which seek to provide clarity on the implementation of the AU's right of intervention, Article 4(h) should be viewed as a duty rather than a right to prevent or stop mass atrocities. The duty dimension of Article 4(h) derives from the international instruments that AU member states have ratified to prevent mass atrocities. Rather than being a paper tiger, Article 4(h) should be used in a proactive and timely manner as a military option available to the AU to persuade member states to prevent or halt atrocities. As a last resort, military force pursuant to Article 4(h) should aim at protecting the population at risk and pursuing the perpetrators in order to avoid contravening Article 2(4) of the Charter of the United Nations (UN). Although military intervention can save lives in the short term, it cannot necessarily address the underlying, structural causes of atrocities, such as ethnic rivalries, economic inequalities and scramble for natural resources, among others. Therefore, the prevention of mass atrocities should not be equated with, or be seen through the prism of, Article 4(h) intervention alone. The focus should instead be on the entire spectrum of preventive strategies at the disposal of the AU in the face of mass atrocities, including the African human rights system and the African Peer Review Mechanism.     

‘Responsibility to protect’ and the African Union: Assessing the AU’s capacity to respond to regional complex humanitarian and political emergencies

Despite its many institutional and political weaknesses and limitations, the African Union (AU) has been developing a variety of tools and mechanisms to respond effectively to complex disasters and emergencies (both natural and manmade) by building up a comprehensive regional security architecture. Furthermore, it has become the first and only regional or international organisation to enshrine the principle of ‘responsibility to protect’ (R2P) in its Constitutive Act. This regional approach to and formal endorsement of the R2P principle allowed it to assume a particular place in the promotion of peace and security in its area. This article aims to critically assess the effectiveness of the AU on the African continent by exploring its real capacity in preventing and responding to emergencies and violent conflicts, and therefore in rendering the principle of R2P operational. The article argues that the formalisation of principles does not necessarily mean their effective implementation. The organisation's use of the R2P principle is also greatly conditioned by internal and external factors.     

The security sector and the plunder of Zimbabwe’s Chiadzwa alluvial diamonds: the ‘goat mentality’ in practice

While the human rights impact of the deployment of state security agencies in the Chiadzwa diamond fields has been explored, it is important to continue to expose the increasing tendency within the sector to take public resources that should be protected by the state and used for the benefit of the people and channel them for personal gain. The security sector stranglehold of President Robert Mugabe and the ruling political party, the Zimbabwe African National Union Patriotic Front (ZANU-PF), has facilitated the siphoning of Chiadzwa diamond revenue into the pockets of individual security personnel. The unfolding sociopolitical crisis in Zimbabwe has also meant that these security personnel have been deployed beyond conflict zones and into traditionally civilian domains, with dire consequences for the public purse. With this in mind, it is asserted that these issues have driven state security agencies to enrich themselves through what is termed in this article as a ‘goat mentality’. The article thus explores the ways in which state security agencies have been deployed and gone on to promote personal enrichment in the Chiadzwa diamond fields.     

Open source intelligence (OSINT) for conflict monitoring in contemporary South Africa: Challenges and opportunities in a big data context

This article argues that aspirations of maintaining a dominant influence over sub-Saharan security issues has spurred the French and British leadership of European Union (EU) foreign and security policy integration, just as it has informed military capability expansions by the armed forces of the main EU powers. While Europe's initial African focus was on stabilising a continent marred by state failure, civil wars and genocides, changes in the global security context, especially the shift towards multipolarity manifest in China's growing engagement, has prompted a complementary focus on deterring other powers from making military inroads into the subcontinent. Hence Europe's sub-Saharan security focus is shifting from stabilisation towards deterrence. This helps explain recent military procurements which, in spite of the extremely challenging fiscal position of most EU member states, feature large-scale investments in long-range deterrence capabilities.     

Political dynamics in Kenya’s post-electoral violence: Justice without peace or political compromise?

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.     

When the military become a security and political threat: Zimbabwean army generals in electoral politics

The military poses an ongoing threat to modern democratic rule in some African countries, especially in the Zimbabwean context. This paper reveals the ways in which Zimbabwe National Army (ZNA) generals have played a political role in the Zimbabwean elections, an issue which is both a political threat and a security threat to the state. It is argued that the ways in which ZNA generals engage in the political process goes against Section 208(2) of the constitution of Zimbabwe, which summarily states that the military must be apolitical. In substantiating this argument, the paper presents and analyses various public speeches made by army generals. It is contended that the army generals’ support of the Zimbabwe African National Union – Patriotic Front (ZANU-PF) and President Robert Mugabe has to be understood as a ‘mutual accommodation’, i.e. the generals are offered privileges in return for the political protection of the ruling regime which negatively impacts the security of the vote.     

Country survey: Angola

This paper is a survey of Angola’s defence sector and policy from 1992, the year the civil war ended, to 2012. Angola achieved its independence upon the Popular Movement for the Liberation of Angola (MPLA) defeating National Union for the Total Independence of Angola. Since then, fuelled by its rich natural resources, the country has grown steadily. The MPLA military forces were a central factor behind independence and maintain their central role to this day. Moreover, Angola’s support for African peace with monitoring military missions is a clear indication that the country aims to intervene in African security and military issues, with its military capabilities funded by oil revenues.     

The responsibility to protect,as enshrined in article 4 of the Constitutive Act of the African Union

This paper assesses the emergence of the responsibility to protect (R2P) as an international relations norm. Following a brief discussion of the genesis of this norm, it assesses the key aspects of R2P. It then examines the Constitutive Act of the African Union (2000) to analyse the extent to which R2P is enshrined and implicated in this document. The paper also discusses the extent to which the AU has sought to implement R2P through its commitment to promote peace around the continent where there is a crisis. It concludes with a discussion of whether the AU is in fact committed to R2P.     

THE MILITARY,CIVIL SOCIETY AND DEMOCRACY IN ZAMBIA

The lure of regionalism has had profound effects on the foreign policies of African countries. It is contended that such collaborative efforts will serve as building blocks of a future African Economic Community and African Union. This article explores the experiences of SADC and ECOWAS, prominent African subregional organisations. With the domestic state that is more vulnerable to transnational and international developments, globalisation erodes the capacity of the state to pursue broad-based projects and undermines and transforms international relations. This leads to the ‘new security dilemma’ with the state system becoming the key source of insecurity in the contemporary world. The search for security increasingly involves the resort to different forms of exit from the system. State-centric regional co-operation thus becomes less important and in some cases obsolete. The experiences in Africa suggest a call for a more modest expectation of what regional integration can realistically achieve.     

THE AU PLAN ON TERRORISM

At a senior officials' meeting held in Algiers from 11–14 September 2002, the African Union proved ready and able to provide the political cohesion and sense of purpose needed for Africa to combat terrorism. While member states inevitably played to a global gallery in demonstrating their commitment to the ‘war on terrorism’, the practical counter-terrorist proposals adopted at the meeting substantially address Africa's security challenges. The resulting Plan of Action on the Prevention and Combating of Terrorism focuses on state building and inter-governmental co-operation, to literally and figuratively close Africa's borders to terrorist activities. Implementing the plan will be a tough challenge for many African governments, especially to ensure that their counter-terrorist measures adhere to international and regional human rights accords.     

The African Standby Force: The African Union’s tool for the maintenance of peace and security

Declared operationally ready in 2016, the African Standby Force (ASF) has not been deployed in its originally designed form. This is not for the lack of opportunities but rather a demonstration of the power of the Regional Economic Communities/Regional Mechanisms (RECs/RMs) – Africa’s sub-regional security structures – over matters of peace and security. Experience gathered from its short existence suggests that the ASF may never be deployed in its current form. It may instead evolve into a robust framework, adaptable mainly by the RECs/RMs, for addressing varied security challenges. Four things are critical to enhancing the utility of the ASF: the political willingness of the RECs/RMs, the strategic interest of the member states, predictable and sustainable financing, and clarity on the role of the African Capability for Immediate Response to Crisis, the temporary battlegroup that was created to provide the African Union with a rapid response capability, pending the ASF’s operationalization.     

African maritime security and the Lomé Charter: Reality or dream?

ABSTRACT

Traditionally the African concept of security concept has been dominated by land-based conflicts with little attention being paid to maritime threats and the protection of the maritime environment. With the rapid escalation of piracy on the East Coast, the African Union (AU) was compelled to develop a joint strategy to address its changing African Maritime Domain (AMD). This was achieved by the AU’s Africa’s Integrated Maritime Strategy (AIMS 2050) in 2014, culminating in the adoption of a binding maritime security and safety charter in Lomé in 2016. The Lomé Charter should ideally focus the general provisions of AIMS 2050 so that Africa, as a continent, can take responsibility for security and economic empowerment of the AMD. This article considers various maritime security documents against the backdrop of an African context for understanding maritime security, in order to evaluate whether the Lomé Charter, as a manifestation of AIMS 2050, will realise its aspirations. Focussing on security is not sufficient and too much emphasis is placed in the Lomé Charter on restriction rather than development. Strong political will and leadership is required to facilitate implementation, identifying common security concerns to ensure better cooperative and collective strategies in a diverse implementation environment.     

Political transition to democracy

This paper argues that the crisis of electoral democracy in Zimbabwe and Cote d'Ivoire is a result of underlying structural and institutional deficiencies within national and regional multinational institutions. It assesses the extent to which they have been ‘enablers’ or ‘spoilers’ of electoral-based transitions to democracy. Yet it avoids generalisations of the security sector's involvement in political transitions. In terms of structure, the paper is divided into four sections. Section one will briefly discuss the theoretical perspectives of the election-democracy trajectory. It argues that although elections are a major variable for democracy, unless the ‘ecology of elections’ is conducive, elections may not be an instrument of transition to democracy. The second section analyses the militarisation of politics and the role of the security sector in aiding or stalling democratisation. Section three will assess the role of regional organisations such as the Southern African Development Community, Economic Community of West African States and the African Union in electoral-based political transitions in Africa. Lastly, the paper will discuss how the security sector and multinational African institutions can aid political transitions to democracy in troubled African countries.