The African Union: Reasons for Suspension and Measures for Reforming the House

Dr. Hassan Isa Al-Talib

The visit of the members of the African Union (AU) Peace and Security Council(AUPSC) to Port Sudan in the first week of October 2024, and its meeting with Lieutenant General al-Burhan, President of the Sovereignty Council, whereafter they have declared their stance by the people of the Sudan to eliminate the rebellion perpetrated by the former faction of the Rapid Support Forces (RSF), which has been accused of being externally supported in the war waged against the national Sudan Armed Forces (SAF) since April 15, 2023. The AUPSC visit has come as a corrective step, perhaps to restore some respect to the AU’s image, which is widely criticized in Sudan for violating its own governing laws and ratified declarations. The visit may also be a response to criticism from several member states accusing the African Union Commission (AUC) of aligning with agenda imposed from outside Africa to influence the issues undergoing Sudan.
The Council, represents the continent’s five regions (North, East, West, Centre and South), and plays a crucial role in providing vision, initiatives, and recommendations to African heads of state and government. Its primary responsibility is maintaining, preserving, and achieving continental peace and security, a task of utmost importance in Africa.
African Union Commission Stance on Sudan
Unfortunately, the position of the Commission of the African Union has remained dubious towards Sudan since April 2019. AUC has applied measures of double standards, as it neglected implementation of the terms of the African Charter On Democracy, Elections and Governance of January 30, 2007, where paragraph (1) states that: “Any putsch or coup d’Etat against a democratically elected government”; and Paragraph (3): “Any replacement of a democratically elected government by armed dissidents or rebels”. According to the Charter the Commission has to take measures with the view to drawing appropriate sanctions by the AU against the illegitimate government that brought by such illegal means. Unfortunately it has categorically failed to take any responsible measure in that respect.
In Accra, the capital city of Ghana, in March 2023, the AU has reiteritated its stance with regard to unconstitutional change of government. The provision of paragraph (1), Accra Declaration states: [strongly condemn all forms of unconstitutional changes of government in Africa, coup perpetrators and manipulation of democratic processes to effect constitutional amendments or revisions for entrenching power of the incumbent in violation of the national democratic principles, and stipulated rules and procedures for constitutional amendment.. emphasize that unconstitutional changes of government, in any circumstances, should not be entertained or justified;]

Election of President Al -Bashir
When the Sudan Armed Forces (SAF) seized power in April 2019, its commander, lieutenant general Awad Ibni Auf, announced on television to the Sudanese people that: “The head of the regime has been detained.” That head was Omar Hassan Ahmad Al-Bashir, the elected Sudanese president in April 2015; in general elections monitored by 20 observers from the African Union, led by Olusegun Obasanjo, the former Nigerian president, under the umbrella of the African Union Elections Observation Mission (AUEOM), which observed the elections held during the period April 13 to 16, 2015.
One month before elections day, the African Union sent a delegation from the Peace and Security Council, which submitted its report on the importance of participation, conditions, and the possibility of observing the electoral and balloting operations.
In addition to the African Union, observation of elections, which unfortunately became the last in pre-April 2019 Sudan, drew observers from the Intergovernmental Authority on Development (IGAD), Common Market for Eastern and Southern Africa (COMESA), Arab League, and a monitoring delegation from the People’s Republic of China.
The African Union Elections Observation Mission published its report, which commended the wide participation of women, the administrative and security measured applied equally in all polling centres.
The continental mission on elections observation concluded its report by stating that the elections reflected the Sudanese people’s desire to choose their ruler. It recommended that the government maintain dialogue with all political parties, some of which boycotted the elections. The committee also recommended continuing efforts for peaceful resolutions in areas experiencing insurgency from armed groups in some regions of Darfur, Blue Nile, and South Kurdufan.

AUC Travesty and Double-Standardization
However, when the elected president Omar Al-Bashir was removed by the military junta, without presenting or been requested to submit resignation, the AUC neglected all that, turned a blind eye instead of enforcing the provisions of the Constitutive Act of the African Union and the provisions of the first paragraph of the ‘Accra Declaration’ adopted by the Union and all member states of the African Union since March 2022, which stipulates the rejection and non-recognition of any unconstitutional change of government, which has been approved unanimously.
However, when the power-sharing government that was established in August 2019 between the junta and the political activists, along with the embedded political parties under their cloak, was dissolved, following the resignation of Dr Abdullah Hamdouk, the Prime Minister of the power-sharing government, who was neither an elected president nor nationally agreed upon, in January 2022, the African Union Commission hurriedly announced the suspension of Sudan government from all activities of the African Union in compliance with the Accra Declaration.
This discriminatory behavior, deemed unacceptable by the AU Charter and principles of good governance, is referred to in tenets of international relations diplomacy as “double standards.”
In Islamic jurisdiction, such practice is considered sinful, and it is countered by the Quranic verses that state:
“Woe to those who give less (than due), who, when they take a measure from people, take in full. But when they give by measure or by weight to them, they cause loss” verses 1-3; Surah Al-Mutaffifin.
Thus, the African Union Commission has blatantly violated its binding decisions and has disregarded the spirit and content of the Constitutive Act of the African Union, which is the general charter ratified by the member states. It has deceitfully aligned itself with an unelected official who came to power on the back of a military coup, authenticated with images and audio, and has been viewed globally. Mr Hamdouk has acted in collusion with a military junta that shared the executive authority with him. This was agreed by him to perform as the legislative authority for the country without referendum, elections or popular consultation.
The Commission did not stop at this unacceptable and rejected position neither apologize for its transgression and travesty to the AU Charter. Instead, it once more disregarded the governing principles of the African Union after the failed armed coup d’Etat orchestrated by the Rapid Support Forces (RSF) leader on April 15, 2023. The Commission kept its doors open to receive him and his delegation, exchanging pleasantries and photos with him as if he were a democratically elected head of state.
This stark disregard and the irresponsible stance against the guiding and governing principles of the African Union will remain a stain of irresponsible behavior that dealt a blow to the literature and ethics concerning dealings with sovereign states.
It represents a gross violation of the principles of good governance. The stain will remain salient until it is bleached and corrected by the next elected President of the Commission.
Compromise of AU Principles
Some scholars of African affairs believe that the Commission suffers from lack of financial resources, as the deficit in its budget in 2023 exceeded 30%. The Commission has always relied on foreign countries to finance this deficit, which exposes it to compromising the governing principles, independence and good governance, a matter that will intensively threaten African continental peace and security and tying it to the external agenda of the donors.
However, even if the visit of the members of the AU Peace and Security Council is viewed as a mute apology to the people of the Sudan, including those who were raped, displaced, robbed; the statement of U.S. Envoy to Sudan, Tom Perriello, coincided with the timing of the visit, where he declared that he is in the process of mobilizing African countries to form an intervention force to protect civilians in Sudan. That statement has cast a thick cloud of suspicion and apprehension over the stated and ambiguous goals of the visit. Lately Perriello clarified that the suggestion had been the idea of the group of activists led by former PM of transitional government Dr Hamdouk, who declined to comment.

Statement of US Envoy to Sudan & SAF Constitutional Duty
Strangely, the U.S. envoy’s statement has come when his mandate will last less than a as the constitutional term of Biden administration will nominally be in standstill by November 2, 2024.
In light of these diplomatic tactics where international actors who aid the RSF militia are still play games to find rescue to manipulate other opposition figures to continue the disorder, the Sudanese government in place must focus on the ongoing operations with the view to cleansing the set goals and fulfill the constitutional duty as outlined in the law, which specifies the tasks of the SAF, including establishing security, order and stability, enhancing national defense, and protecting civilians. The duty of SAF includes returning the displaced and refugees following evacuation from homes occupied by militia through enforcing the rule of law and order after rejection of the mercenaries who occupied these houses to that end, and the utter rejection of the umbrella to adhere to provisions of the Jeddah Agreement signed in May 2023.

Concentration and Consolidation
The government of Sudan must currently stay away from the traps set everywhere to cripple its movement, and focus on clearing pockets of resistance and cleansing operations nationwide, freezing external participation in regional and continental gatherings, and limiting itself to the United Nations platform, while working diligently to conclude substantive bilateral agreements with selective and precisely chosen countries to enhance sovereignty, protect national unity, territorial integrity and ensure political independence and issues of consolidation.
Review of External Relations
The next phase of the cleansing operations, the liberation of abducted individuals and the evacuation of militia from private property, calls for comprehensive reviews within Sudan at all levels, and among Sudanese themselves without any external interference.
The next phase includes reviewing strategies, set guiding principles, assign foreign policy priorities, re-evaluating priorities, and determining the importance and level of diplomatic relations with other countries. Build up of bilateral relations should be based on the country’s highest interests without any other consideration.
Countries that stood by the side of the legitimate government of the Sudan and the national arm, who supported the people of the Sudan materially and diplomatically in their travesty, who hosted and alleviated the sufferings of the tortured, the displaced, and the robbed among citizens, and who dealt with the state’s legitimate constitutional institutions, and stood by its side in the time of hardship, would be classified as friends of the people of the Sudan, as the true friendship is known at times of distress. This group of nations should granted priority of bilateral diplomatic relations during the post-war period.
The upcoming phase’s basic efforts are characterized by issues of reconstruction, strengthening national institutions, determining the form of governance, expanding federalism, plans for legitimacy and comprehensive public consultation. It requires reformation of the Sudan home from within, particularly in implementing the Juba Agreement provisions and integrating national liberation movements that stood by the homeland and its people in the national army and perform the DDS principles. In addition, operations of the next phase involve building formations of reserve forces and popular resistance across all, localities, states and regions to support the SAF at the local, state, and national levels. This is a defensive, strategic, and important priority that is deemed necessary measures for a security-driven response to defend the state’s entity, impose protective measures to address the consequences in the aftermath of the rebellious resurrection on April 15, 2023, and to deduct the lessons learned, along with the other measures to prevent recurrence of such events.
This is the national duty that must be accomplished today rather than tomorrow. The Sovereignty Council must undertake this impending duty without delay or hesitation. It is the national call of all the people of Sudan today. Those who deviate from toeing this path will face dire consequences. This is a monumental responsibility before God, the people of Sudan, and history.