part 1 of the african peace facility evaluation - European ...
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THE EUROPEAN UNION’S EDF PROGRAMME<br />
PART 1 OF THE AFRICAN PEACE<br />
FACILITY EVALUATION:<br />
REVIEWING THE PROCEDURES OF THE APF<br />
AND POSSIBILITIES OF ALTERNATIVE<br />
FUTURE SOURCES OF FUNDING<br />
LETTER OF CONTRACT N° 2010/254164<br />
FINAL REPORT<br />
PREPARED BY<br />
ROBIN POULTON<br />
EDUARDO TRILLO<br />
LEON KUKKUK<br />
The project is financed by <strong>the</strong> <strong>European</strong> Union<br />
The project is implemented by IBF International Consulting<br />
In collaboration with BAA (Spain)
Acknowledgments<br />
The experts would like to thank all those who contributed and provided information during <strong>the</strong><br />
<strong>evaluation</strong>. Staff at beneficiary organisations, Government entities, EU Member States, o<strong>the</strong>r donors<br />
and individuals who have been helpful and open, and given generously <strong>of</strong> <strong>the</strong>ir time.<br />
The Experts’ appreciation also goes to <strong>the</strong> EC Service Officials, <strong>the</strong> Council and <strong>the</strong> EU Delegations<br />
staff, who assisted at all steps <strong>of</strong> <strong>the</strong> mission: providing sound advice, managing local meetings and<br />
helping in <strong>the</strong> documentation.<br />
The Experts hope that this <strong>evaluation</strong> report on APF, focused on procedures and alternative funding,<br />
shall contribute to its improvement in a relevant, effective and sustainable manner.<br />
Any mistakes or omissions remain <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong> authors. The views expressed in this report<br />
are those <strong>of</strong> <strong>the</strong> experts and can in no way be taken to represent those <strong>of</strong> <strong>the</strong> <strong>European</strong> Commission.<br />
The contents <strong>of</strong> this publication are <strong>the</strong> sole responsibility <strong>of</strong> <strong>the</strong> contractor and can in no way<br />
be taken to reflect <strong>the</strong> views <strong>of</strong> <strong>the</strong> <strong>European</strong> Union.
Contents<br />
Executive Summary............................................................................................................................1<br />
I. Background and scope ................................................................................................................4<br />
I.1 Rationale.................................................................................................................................4<br />
I.2 Scope <strong>of</strong> <strong>the</strong> Evaluation...........................................................................................................5<br />
I.3 Evaluation phases...................................................................................................................6<br />
I.4 Specific Methodology ..............................................................................................................8<br />
I.5 Expected Results ....................................................................................................................8<br />
II. General appraisal <strong>of</strong> <strong>the</strong> APF.......................................................................................................9<br />
II.1 The success <strong>of</strong> <strong>the</strong> APF.......................................................................................................9<br />
II.2 Funding <strong>of</strong> <strong>the</strong> APF Instrument ..........................................................................................10<br />
II.3 APSA and <strong>the</strong> APF intervention Logic................................................................................11<br />
II.4 APSA and APF..................................................................................................................15<br />
II.5 SWOT Analysis <strong>of</strong> APF......................................................................................................17<br />
III. Main Findings and Recommendations on APF Decision-Making Procedures .........................19<br />
III.1 Overview <strong>of</strong> <strong>the</strong> APF Decision-Making Procedures ............................................................19<br />
III.1.1 Decision-Making Procedures applying to APF programming <strong>of</strong> <strong>the</strong> Action Plan ..........19<br />
III.1.2 Decision-making Procedures applying to APF financial decisions...............................20<br />
III.1.3 Contribution and Grant Agreements...........................................................................24<br />
III.1.4 Appreciation <strong>of</strong> APF decision-making and timing........................................................27<br />
III.2 Recommendations regarding <strong>the</strong> APF Decision Making Procedures ..................................28<br />
III.2.1 Regarding <strong>the</strong> APF programming <strong>of</strong> Action Plan:........................................................28<br />
III.2.2 Improving APF decision-making procedures in accordance with <strong>the</strong> current legal<br />
framework..................................................................................................................................29<br />
III.2.3 Decision-making procedures in accordance with <strong>the</strong> current EDF legal framework .....31<br />
III.2.4 Decision-making procedures outside <strong>the</strong> EDF legal framework...................................32<br />
III.2.5 APF aid modalities.....................................................................................................36<br />
III.2.6 AU/REC procedures and practice for APF requests....................................................37<br />
III.2.7 EU-AU/RECs structural procedures ...........................................................................38<br />
IV. Main findings and recommendations on alternative funding ...................................................39<br />
IV.1 EU funding instruments .....................................................................................................40<br />
IV.2 Possible AU sources <strong>of</strong> co-funding for APF-funded activities..............................................42<br />
IV.3 Summary <strong>of</strong> <strong>the</strong> Analysis <strong>of</strong> selected EU funding mechanisms and compatibility with APF.44<br />
IV.4 Recommendations.............................................................................................................44<br />
IV.4.1 Funding Recommendations in a political context........................................................44<br />
IV.4.2 Short-term options for APF Funding...........................................................................45<br />
IV.4.3 Long-term options for funding APF.............................................................................47<br />
IV.4.4 African P&S funding policies and implementation.......................................................49
Acronyms<br />
ACCORD African Centre for <strong>the</strong> Constructive resolution <strong>of</strong> disputes<br />
ACOTA African Contingency Operations Training and Assistance Program (USA)<br />
ACP African Caribbean Pacific states<br />
ACPP African Conflict Prevention Pool (FCO, MOD & DFID collaboration)<br />
AEC African Economic Community<br />
AFRC Africa committee <strong>of</strong> PSC in Brussels composed <strong>of</strong> EU MS<br />
ALPC Armes légères et de petit calibre (SALW)<br />
AMIB AU Mission in Burundi<br />
AMIS AU Mission in Sudan (Darfur)<br />
AMISEC African Union Mission to <strong>the</strong> Comoros<br />
AMISOM AU Mission in Somalia<br />
APF African Peace Facility<br />
APRM African Peer Review Mechanism<br />
APSA African Peace and Security Architecture<br />
APSTA African Peace Support Trainers' Association<br />
Artemis ESDP operation in eastern Congo launched 2003<br />
ASF African Standby Forces<br />
AU<br />
African Union<br />
AUC African Union Commission<br />
AUPG African Union Partners’ Group<br />
AWG African Working Groups (= COAFR committee <strong>of</strong> PSC)<br />
CAAU Constitutive Act <strong>of</strong> <strong>the</strong> African Union<br />
CADSP Common African Defence and Security Policy<br />
CAR Central African Republic<br />
CD<br />
Committee for Development<br />
CEDAW Committee on <strong>the</strong> Elimination <strong>of</strong> Discrimination against Women<br />
CEEAC ECCAS<br />
CEMAC Communauté économique et monétaire de l’Afrique centrale<br />
CEWARN Conflict Early Warning and Response Mechanism<br />
CEWS Continental Early warning System<br />
CISG Convention on Contracts for <strong>the</strong> International Sale <strong>of</strong> Goods (UN)<br />
CSDP Common Security and Defence Policy<br />
CFSP Common Foreign and Security Policy<br />
CHPR Court <strong>of</strong> Human and Peoples’ Rights<br />
CIDO African Citizens Directorate<br />
CIS Consultation inter-services<br />
CMPD Crisis Management Planning Directorate <strong>of</strong> <strong>the</strong> EU<br />
COAFR Comité africain du COPS (see AWG)<br />
COPS Comité politique et sécuritaire (French name for PSC <strong>of</strong> <strong>the</strong> Council)<br />
CPCC Civilian Planning and Conduct Capability (Consilium)<br />
CSDP Common Security and Defence Policy<br />
COMESA Common market for East and Sou<strong>the</strong>rn Africa<br />
CSSDCA Conference on Security, Stability, Development and Co-operation in Africa<br />
DCI Development Cooperation Instrument<br />
DDR Disarmament, Demobilisation and Reintegration<br />
DEVCO EU’s division for International Cooperation<br />
DfID De<strong>part</strong>ment for International Development (UK)<br />
DRC Democratic Republic <strong>of</strong> Congo<br />
EAC East African Community
EASBRIG East African Standby Brigade<br />
EC<br />
<strong>European</strong> Commission<br />
ECCAS Economic Community <strong>of</strong> Central African States CEEAC<br />
ECHO <strong>European</strong> Community’s Humanitarian Aid Office – now <strong>the</strong> EU’s De<strong>part</strong>ment <strong>of</strong><br />
Humanitarian Aid<br />
ECOBRIG West African ASF Brigade (also referred to as WESBRIG)<br />
ECOMOG ECOWAS monitoring group<br />
ECOSOCC Economic Social and Cultural Committee<br />
ECOWARN Early warning System <strong>of</strong> ECOWAS<br />
ECOWAS Economic Community <strong>of</strong> West African States<br />
ECPR <strong>European</strong> Consortium <strong>of</strong> Political Research<br />
ECSC <strong>European</strong> Coal and Steel Community<br />
EDF <strong>European</strong> Development Fund<br />
EDSP <strong>European</strong> Defence and Security Policy now CSDP<br />
EEAS <strong>European</strong> External Action Service<br />
ENPI <strong>European</strong> Neighbourhood and Partnership Instrument<br />
EP<br />
<strong>European</strong> Parliament<br />
EPA Economic Partnership Agreement<br />
ESDP <strong>European</strong> Security and Defence Policy<br />
ESS <strong>European</strong> Security Strategy<br />
EU<br />
<strong>European</strong> Union<br />
EUFOR EU force in Chad and Central African Republic<br />
TCHAD/RCA<br />
EUFOR DRC EU force in DRC<br />
EUMC <strong>European</strong> Union Military Committee<br />
EUMS <strong>European</strong> Union Military Staff<br />
EU MS EU Member States<br />
EUPOL EU Police mission in Kinshasa DRC<br />
EUSEC EU SSR programme in DRC<br />
EUSR EU Special Representative<br />
EUTM EU Training Mission for Somalis<br />
EWS Early Warning System<br />
FOMAC Force Multinationale en Centrafrique / Central African Standby Force<br />
FOSDA Foundation for Security and Development in Africa, Accra (NGO)<br />
GAERC General Affairs and External Relations Council <strong>of</strong> <strong>the</strong> EU<br />
GTZ Deutsche Gesellschaft für Technische Zusammenarbeit<br />
HAC EU’s Humanitarian Aid Commissioner<br />
IANSA International Action Network against Small Arms (INGO coalition)<br />
IfS<br />
Instrument for Stability<br />
IGAD Inter Governmental Authority on development<br />
IPSA International Political Science Association<br />
ISC Inter-Service Consultation (CIS - internal Commission ‘comitology’)<br />
ISS Institute for Security Studies, South Africa<br />
JAES Joint Africa-EU Strategy<br />
JFA Joint Financing Arrangement MoU 2010 between AU and AUPG on financing P&S<br />
personnel<br />
JRC Joint Research Centre<br />
KAIPTC K<strong>of</strong>i Annan International Peacekeeping Training Centre<br />
MAES Mission d’assistance électorale et sécuritaire aux Comores de l’Union africaine /<br />
African Union Electoral and Security Assistance Mission to <strong>the</strong> Comoros<br />
MARAC Mécanisme d'Alerte Rapide en Afrique Centrale (ECCAS conflict early warning<br />
system)
MDGs<br />
MICOPAX<br />
MONUC<br />
MSC<br />
NATO<br />
NEPAD<br />
NGO<br />
NIP<br />
OAU<br />
ODA<br />
OLAF<br />
PAP<br />
PAPS<br />
PAPS<br />
PASPA<br />
PCRD<br />
POW<br />
PSC<br />
PSC<br />
PSO<br />
PSD<br />
PSOD<br />
PSTC<br />
RCA<br />
REC<br />
RECAMP<br />
Relex<br />
RIP<br />
RRM<br />
RSS<br />
SADC<br />
SADCBRIG<br />
SALW<br />
SFPI<br />
SSR<br />
SWOT<br />
TFEU<br />
TFG<br />
UN<br />
UNAMID<br />
UNDP<br />
USAID<br />
WAANSA<br />
WACSOF<br />
WANEP<br />
WANSED<br />
WAPI<br />
WESBRIG<br />
WIPNET<br />
WWN<br />
Millennium Development Goals<br />
Mission de consolidation de la paix en République centrafricaine (ECCAS mission)<br />
UN mission in DRC<br />
Military Staff Committee (AU)<br />
North Atlantic Treaty Organisation<br />
New Economic Partnership for African Development<br />
Non Governmental Organisation<br />
National Indicative Programme<br />
Organisation <strong>of</strong> African Unity<br />
Official Development Assistance (<strong>of</strong> <strong>the</strong> EU)<br />
Office Européen de Lutte Anti-Fraude<br />
Pan African Parliament<br />
Programme d'Appui en matière de Paix et Sécurité (PAPS-CEEAC) for ECCAS<br />
De<strong>part</strong>ment for Political Affairs, Peace and Security <strong>of</strong> ECOWAS<br />
Partenariat Stratégique Pour la Paix en Afrique (NGO network)<br />
Post Conflict Reconstruction and Development<br />
Panel <strong>of</strong> <strong>the</strong> Wise (AU)<br />
Political and Security Committee (COPS) <strong>of</strong> <strong>the</strong> Council<br />
AU Peace and Security Council<br />
Peace Support Operations<br />
Peace & Security De<strong>part</strong>ment (AU)<br />
Peace Support Operations Division (AU)<br />
Peace Support Training Centre<br />
République Centrafricaine<br />
Regional Economic Community<br />
Reinforcement <strong>of</strong> African Peacekeeping Capabilities / Renforcement des Capacités<br />
Africaines de Maintien de la Paix<br />
EU DG External Relations (now SFPI)<br />
Regional Indicative Programme<br />
Rapid Reaction Mechanism<br />
Réforme des secteurs de la sécurité (SSR)<br />
Sou<strong>the</strong>rn African Development Community<br />
Sou<strong>the</strong>rn African ASF Brigade<br />
Small arms and light weapons (ALPC)<br />
Service for Foreign Policy Instruments (ex-RELEX, ex-FPIS)<br />
Security Sector Reform (RSS)<br />
Strengths, Weaknesses, Opportunities, Threats analysis<br />
Treaty on <strong>the</strong> Functioning <strong>of</strong> <strong>the</strong> <strong>European</strong> Union (Lisbon)<br />
Transitional Federal Government Somalia<br />
United Nations<br />
UN/AU mission to Darfur<br />
UN development programme<br />
US Agency for international development<br />
West African Action Network against Small Arms (CSO: cf IANSA & RASALAO)<br />
West African Civil Society Forum (NGO coordination network)<br />
West African Network for Peace à Accra (NGO <strong>peace</strong> network)<br />
West African Network for Security and Democratic Governance (Nigeria)<br />
West African Peace Institute (NGO)<br />
a name occasionally used for ECOBRIG<br />
Women’s international <strong>peace</strong> network (NGO <strong>peace</strong> network)<br />
WANEP Women’s Network (NGO <strong>peace</strong> network)
EXECUTIVE SUMMARY<br />
EU foreign policy towards Africa has evolved in <strong>the</strong> context <strong>of</strong> successive EDFs and <strong>the</strong> Cotonou<br />
Agreement (successor to Lomé) over more than half a century. In response to <strong>the</strong> request <strong>of</strong> <strong>the</strong><br />
African Union (AU) in 2003, <strong>the</strong> EU created, under <strong>the</strong> 9 th EDF, a new foreign policy financial<br />
instrument, <strong>the</strong> Africa Peace Facility (APF), based on <strong>the</strong> philosophy <strong>of</strong> building a “developmentsecurity<br />
nexus” as sustainable economic development can only take place in conditions <strong>of</strong> <strong>peace</strong> and<br />
security.<br />
Under <strong>the</strong> 10 th EDF, <strong>the</strong> APF Action Plan 2008-2010 includes as a general objective to contribute to<br />
<strong>the</strong> African <strong>peace</strong> and security agenda through targeted support at continental and regional levels in<br />
<strong>the</strong> areas <strong>of</strong> conflict prevention, management and resolution, and <strong>peace</strong> building. The APF addresses<br />
<strong>peace</strong> and security following <strong>the</strong> underlying principles <strong>of</strong> <strong>the</strong> Joint Africa – EU strategy (JAES) 1 :<br />
ownership, <strong>part</strong>nership and solidarity. The 2008-2010 APF specific objectives meet <strong>the</strong> three priorities<br />
<strong>of</strong> <strong>the</strong> Africa-EU <strong>part</strong>nership on Peace and Security under <strong>the</strong> First Action Plan (2008-2010), namely:<br />
‣ provide funding for African-led <strong>peace</strong>-keeping operations (PSOs)<br />
‣ operationalise <strong>the</strong> African Peace and Security Architecture (APSA)<br />
‣ promote a dialogue on challenges to <strong>peace</strong> and security in Africa.<br />
APSA is made up <strong>of</strong> several components and structures and includes eight African regional<br />
organisations (RECs), in <strong>part</strong>icular an AU Peace and Security Council (PSC), which is <strong>the</strong> central AU<br />
decision-making body; a Continental Early Warning System (CEWS); a 'Panel <strong>of</strong> <strong>the</strong> Wise', with a<br />
mandate in conflict prevention and resolution, and an African Standby Force (ASF) to be deployed in<br />
<strong>peace</strong> support operations. This EU commitment was renewed at <strong>the</strong> 3rd Africa EU Summit held in<br />
Tripoli in November 2010.<br />
The present report refers to Part I <strong>of</strong> a comprehensive <strong>evaluation</strong> <strong>of</strong> <strong>the</strong> APF: policy-oriented<br />
review focusing on <strong>the</strong> procedures <strong>of</strong> <strong>the</strong> APF and possibilities <strong>of</strong> alternative future sources <strong>of</strong><br />
funding. Part II will be a substantive <strong>evaluation</strong> <strong>of</strong> <strong>the</strong> overall implementation and results.<br />
Despite any reservations over financial procedures, <strong>the</strong> APF has transformed <strong>the</strong> way in which <strong>the</strong> AU<br />
and <strong>the</strong> EU are perceived in Africa, making <strong>the</strong>m significant players in <strong>the</strong> <strong>peace</strong> and security sector.<br />
Each category <strong>of</strong> stakeholders (AU and AU MS, international and regional organisations, CSOs in<br />
Europe and Africa) speaks positively about APF and its achievements. The recent events in North<br />
Africa remind us that Europe has a direct interest in creating a strong African security infrastructure<br />
functioning all <strong>the</strong> way down from <strong>the</strong> AU Peace and Security Council in Addis, to <strong>the</strong> distant frontiers<br />
where conflicts occur.<br />
Since <strong>the</strong> creation <strong>of</strong> APF in 2003, 2 <strong>the</strong> instrument has evolved considerably, both in scope (under <strong>the</strong><br />
JAES) and financial potential. The following table summarises <strong>the</strong> main changes in <strong>the</strong> APF between<br />
<strong>the</strong> 9 th and 10 th EDF:<br />
1 Adopted in December 2007.<br />
2 For a detailed history <strong>of</strong> APF’s evolution, see annex 1.<br />
Page 1 <strong>of</strong> 49
Main Features 1st APF (9th EDF) 2 nd APF (10th EDF)<br />
Scope PSOs and relevant capacity Africa-EU dialogue on P&S<br />
Conflict management incl. mediation<br />
Conflict prevention incl. EWS,<br />
Funding PSOs (and prevention)<br />
Operationalisation APSA<br />
Post-conflict stabilisation<br />
Beneficiaries AU and sub-regional orgs AU and sub-regional organisations<br />
Relevant institutions & national<br />
structures related to APSA<br />
CSOs<br />
Allocation<br />
Nearly €440m over 4-5 years<br />
including AVCs 3<br />
€300m for 3 years without AVCs<br />
fur<strong>the</strong>r €300m earmarked in <strong>the</strong> Intra-<br />
ACP reserve for 2011-2013<br />
Flexibility Decision-making process 2-3 months More flexible, with an urgent procedure<br />
ERM can be mobilised almost<br />
immediately<br />
Co-financing<br />
NIPs –% African co-financing<br />
AVCs – first case <strong>of</strong> co-financing by EU<br />
MS under 9th EDF<br />
AVCs become permanent feature <strong>of</strong> APF<br />
Open to contributions from o<strong>the</strong>r non-EU<br />
countries or donors<br />
The undoubted APF political success does not ensure its efficiency and effectiveness, and EDF<br />
procedures are sometimes criticised for being inappropriate when dealing with PSO and early<br />
response. The creation <strong>of</strong> ERM has increased flexibility, although its scope is very limited (6-month<br />
mediation or planning missions), never<strong>the</strong>less, in practice, APF procedures generally work faster<br />
than many EU instruments.<br />
APF funding needs to be better targeted - possibly by using more specific earmarks for each<br />
component - to ensure that Africa’s early warning, mediation and conflict management processes are<br />
able to take over a progressively stronger role in promoting <strong>peace</strong> and security. Despite its impressive<br />
record in funding PSOs, <strong>the</strong> APF might be more effective - and less controversial among EU and AU<br />
MS and CSOs - if its procedures and funding had allowed for a more complete development <strong>of</strong> <strong>the</strong> full<br />
range <strong>of</strong> APSA’s ambitions. This also entails APF funding beyond <strong>the</strong> AUC and REC secretariats. A<br />
comprehensive approach to APSA must include a broadening <strong>of</strong> <strong>the</strong> implementing entities and include<br />
civil society, specialised entities, research institutes and, in a limited number <strong>of</strong> cases, AU member<br />
states.<br />
After careful analysis <strong>of</strong> <strong>the</strong> procedural and funding options (many <strong>of</strong> which contain legal<br />
obstacles caused by <strong>the</strong> EC general procedures, <strong>the</strong> military nature <strong>of</strong> PSOs or <strong>the</strong> fact that <strong>the</strong>y are<br />
African-led actions), <strong>the</strong> <strong>evaluation</strong> sees several ways in which <strong>the</strong> APF’s procedural and funding<br />
structures could be adjusted under <strong>the</strong> 10 th EDF to ensure greater efficiency between EU funding<br />
instruments and get <strong>the</strong> best value-for-money from APF resources and promote synergies with EU<br />
MS:<br />
The best for APF would be to continue to be funded under <strong>the</strong> EDF with procedural<br />
modifications inspired by IfS and ECHO to make it more flexible and effective.<br />
The EU should reinforce <strong>the</strong> promotion <strong>of</strong> joint management and sound administration<br />
within <strong>the</strong> AU and RECs in order to better fulfil <strong>the</strong> objectives <strong>of</strong> JAES.<br />
3 Additional voluntary contributions <strong>of</strong> nearly €40m came from 8 EU MS<br />
Page 2 <strong>of</strong> 49
The principle <strong>of</strong> subsidiarity should be applied at all management levels within <strong>the</strong> EU-AU-<br />
RECs structure regarding APF activities.<br />
Re-defining <strong>the</strong> roles <strong>of</strong> NIP, RIP and APF to ensure maximum complementarity and no<br />
overlapping in EU actions on <strong>peace</strong> and security in Africa.<br />
Reintroducing <strong>the</strong> ‘slicing mechanism’ (used in 1st APF) to bring funds to <strong>the</strong> APF from<br />
each NIP to increase both total available funding and African MS ownership.<br />
RIPs should take responsibility for funding RECs (except for PSOs) on <strong>peace</strong> and security<br />
activities. RIPs already include this possibility and some are currently funding complementary<br />
APF actions. One important element is to create <strong>the</strong> necessary flexibility within RIP<br />
implementing modalities to allow for high-impact support.<br />
Re-establishing a balance between <strong>the</strong> <strong>part</strong>s <strong>of</strong> APSA with specifically targeted resources<br />
for early-warning-early-intervention, Panel <strong>of</strong> <strong>the</strong> Wise and o<strong>the</strong>r conflict management<br />
functions which could reduce <strong>the</strong> need to fund conflict-prevention PSOs.<br />
Widening <strong>the</strong> potential range <strong>of</strong> beneficiaries beyond a narrow focus on AU and REC<br />
bureaucracies including civil society, specialised entities, research institutes and possibly AU<br />
member states dealing with relevant cross-border issues.<br />
Expanding <strong>the</strong> range <strong>of</strong> management models, implementation modalities and possibly<br />
operating smaller, targeted projects to complement <strong>the</strong> major support programmes.<br />
Page 3 <strong>of</strong> 49
I. BACKGROUND AND SCOPE<br />
I.1 RATIONALE<br />
Conflicts in Africa continue to hamper <strong>the</strong> fight against poverty. Unless <strong>the</strong> root causes and underlining<br />
threats to security as well as active conflicts are adequately addressed, <strong>the</strong> economic, human and<br />
social development <strong>of</strong> Africa will be at risk. A comprehensive approach to <strong>peace</strong> and security in Africa<br />
requires a broad regional policy framework, covering different aspects <strong>of</strong> <strong>peace</strong> and security as well as<br />
clear and accountable role sharing between <strong>the</strong> national, sub-regional, continental and multilateral<br />
levels.<br />
When <strong>the</strong> African Union (AU) was established in 2002, its Member States entrusted <strong>the</strong> organisation<br />
with a broad political mandate in <strong>the</strong> area <strong>of</strong> conflict prevention, management, resolution and <strong>peace</strong><br />
building. Consequently, a structural and long-term response to <strong>the</strong> African <strong>peace</strong> and security<br />
challenges was set up, <strong>the</strong> African Peace and Security Architecture (APSA).<br />
APSA is made up <strong>of</strong> several components and<br />
structures, in <strong>part</strong>icular an AU Peace and<br />
Security Council (PSC), which is <strong>the</strong> central AU<br />
decision-making body; a Continental Early<br />
Warning System (CEWS); a 'Panel <strong>of</strong> <strong>the</strong> Wise',<br />
with a mandate in conflict prevention and<br />
resolution, and an African Standby Force (ASF)<br />
to be deployed in <strong>peace</strong> support operations. At<br />
<strong>the</strong> same time, an Africa Peace Fund, made up<br />
<strong>of</strong> AU member state and <strong>part</strong>ner contributions,<br />
was established to promote Peace and Security<br />
De<strong>part</strong>ment work. The African regional<br />
organisations (REC/RMs) are <strong>the</strong> pillars <strong>of</strong> <strong>the</strong><br />
overall security architecture and regional<br />
components are key elements <strong>of</strong> <strong>the</strong> Continental<br />
Early Warning System and African Standby<br />
Force.<br />
These organisations have since committed <strong>the</strong>mselves to address <strong>the</strong> challenges to <strong>peace</strong> and<br />
security through African-owned and African-led initiatives such as <strong>the</strong> AU missions in Sudan/Darfur<br />
(AMIS) and Somalia (AMISOM) and <strong>the</strong> ECCAS mission in <strong>the</strong> Central African Republic (MICOPAX).<br />
The EU, mainly since 2005, has made <strong>peace</strong> and security one <strong>of</strong> <strong>the</strong> main pillars in its comprehensive<br />
Strategy for Africa 4 and it has committed to fur<strong>the</strong>r enhance its overall support to Africa in this area. To<br />
this end, an “EU Concept for streng<strong>the</strong>ning African capabilities for <strong>the</strong> prevention, management and<br />
resolution <strong>of</strong> conflicts” was put forward (in 2006) 5 . The main objectives <strong>of</strong> <strong>the</strong> Concept include support<br />
to African capacities, policies and structures in <strong>the</strong> area <strong>of</strong> mediation, early warning, post-conflict<br />
4 EU Council Conclusions <strong>of</strong> 15-16 December 2005<br />
5 2760th General Affairs and External Relations Council meeting, Brussels, 13 November 2006<br />
Page 4 <strong>of</strong> 49
econstruction, relevant capacities for <strong>peace</strong> operations, and <strong>the</strong> establishment <strong>of</strong> <strong>the</strong> African Stand-by<br />
Force (ASF). Moreover, <strong>the</strong> joint Africa – EU strategy (JAES), adopted in December 2007, defined<br />
<strong>peace</strong> and security as one <strong>of</strong> <strong>the</strong> 8 areas for a special EU – Africa <strong>part</strong>nership and dialogue including<br />
as key objective a full APSA implementation.<br />
The EU has also taken key steps to streng<strong>the</strong>n financial capacity <strong>of</strong> <strong>the</strong> African institutions to foster<br />
<strong>peace</strong> and security on <strong>the</strong> continent, with <strong>the</strong> African Peace Facility (APF), established following a<br />
request by African leaders at <strong>the</strong> AU Summit in Maputo (2003) 6 as <strong>the</strong> biggest source <strong>of</strong> funding in this<br />
field. First, under <strong>the</strong> 9 th EDF, APF channelled a total <strong>of</strong> almost € 440 million, and later, under <strong>the</strong> 10 th<br />
EDF, a fur<strong>the</strong>r 300 million were programmed for <strong>the</strong> period <strong>of</strong> 2008 – 2010. This EU commitment was<br />
renewed at <strong>the</strong> 3rd Africa EU Summit held in Tripoli in November 2010, “Peace and security remain a<br />
cornerstone <strong>of</strong> our cooperation. We are committed to making <strong>the</strong> African Peace and Security<br />
Architecture fully operational in close collaboration with <strong>the</strong> regional organisations. As regards AU lead<br />
Peace operations, it was agreed to work towards ensuring flexible, predictable and sustainable<br />
funding."<br />
The objectives <strong>of</strong> <strong>the</strong> APF are <strong>the</strong> following:<br />
1. Enhance dialogue on challenges to <strong>peace</strong> and security, including through systematic and<br />
regular dialogue, consultations, coordination <strong>of</strong> positions, sharing <strong>of</strong> information and analysis,<br />
joint assessment missions and exchange <strong>of</strong> experience<br />
2. Operationalisation <strong>of</strong> <strong>the</strong> African Peace and Security Architecture (APSA), including working<br />
towards <strong>the</strong> development <strong>of</strong> a fully-fledged Continental Early Warning System, <strong>the</strong> Panel <strong>of</strong><br />
<strong>the</strong> Wise, overall streng<strong>the</strong>ning <strong>of</strong> conflict prevention mechanisms and effective post-conflict<br />
reconstruction as well as operationalisation <strong>of</strong> <strong>the</strong> African Standby Force;<br />
3. Predictable funding for Africa-led <strong>peace</strong> support operations, in <strong>part</strong>icular through <strong>the</strong><br />
establishment <strong>of</strong> an EU predictable and sustainable funding scheme, as well as through<br />
working with <strong>the</strong> international community to achieve UN mechanism to provide sustainable<br />
and predictable financial support for <strong>the</strong>se operations.<br />
The APF action plan 2008-2010 7 , in accordance with <strong>the</strong> underlying principles <strong>of</strong> <strong>the</strong> JAES<br />
(ownership, <strong>part</strong>nership and solidarity), <strong>the</strong> <strong>the</strong>matic scope <strong>of</strong> <strong>the</strong> APF and <strong>the</strong> priorities <strong>of</strong> <strong>the</strong> Joint<br />
Partnership specifically allocates € 65 million for <strong>the</strong> operationalisation <strong>of</strong> APSA and Africa-EU<br />
dialogue; € 200 million for Peace Support Operations (PSOs) and € 15 million for <strong>the</strong> Early Response<br />
Mechanism (ERM). The timeframe <strong>of</strong> this action programme matches <strong>the</strong> first Joint Africa-EU Action<br />
Plan.<br />
I.2 SCOPE OF THE EVALUATION<br />
The APF <strong>evaluation</strong> is split in two <strong>part</strong>s:<br />
1. Part I: A policy review focusing specifically on APF sources <strong>of</strong> funding and procedures<br />
2. Part II: A substantive <strong>evaluation</strong> <strong>of</strong> <strong>the</strong> <strong>of</strong> <strong>the</strong> overall implementation <strong>of</strong> <strong>the</strong> APF and its results<br />
The present report refers to Part I <strong>of</strong> <strong>the</strong> APF <strong>evaluation</strong>, originally scheduled to take place before <strong>the</strong><br />
second Joint Africa-EU Action Plan.<br />
6 On <strong>the</strong> basis <strong>of</strong> <strong>the</strong> Joint Council Decision 3/2003 <strong>of</strong> 11 th December 2003.<br />
7 Pursuant to article 12 <strong>of</strong> Council Regulation (EC) No 617/2007 <strong>of</strong> 14 May 2007 on <strong>the</strong> implementation <strong>of</strong> <strong>the</strong><br />
10th EDF under <strong>the</strong> ACP-EU Partnership Agreement..<br />
Page 5 <strong>of</strong> 49
In accordance with <strong>the</strong> ToR 8 , and taking into consideration political opportunities and feasibility,<br />
institutional and legal constraints, implementing modalities and financial aspects, this report<br />
specifically reviews and assesses:<br />
1. The APF decision-making procedures, which have proven to be time-consuming for <strong>the</strong> EU<br />
which can impact on <strong>the</strong> activity implementation, <strong>part</strong>icularly in PSOs. This <strong>evaluation</strong> focused on<br />
reviewing <strong>the</strong> stages <strong>of</strong> <strong>the</strong> EU decision making process, assessing <strong>the</strong>ir relevance and<br />
suggesting ways to simplify/shorten <strong>the</strong> procedure.<br />
The <strong>evaluation</strong> is also focusing on <strong>the</strong> procedures implementation and more specifically <strong>the</strong> APF<br />
delivery approaches a well, <strong>the</strong> suitability <strong>of</strong> agreement/grant contracts for <strong>the</strong> AU/REC structures<br />
and <strong>the</strong> possibility <strong>of</strong> establishing new management bodies for channelling APF funding. In this<br />
sense, <strong>the</strong> internal AU/RECs procedures are considered in relation to APF requests – without<br />
analysing <strong>the</strong> AU/RECs capacity constraints, which will be <strong>the</strong> focus <strong>of</strong> <strong>part</strong> II <strong>of</strong> <strong>the</strong> APF<br />
<strong>evaluation</strong>, in <strong>part</strong>icular in <strong>the</strong> areas <strong>of</strong> administrative and financial management, operational,<br />
planning and long-term capacity building planning.<br />
2. Possibilities <strong>of</strong> future alternative sources <strong>of</strong> funding, looking at <strong>the</strong> following questions:<br />
‣ The relevance <strong>of</strong> <strong>the</strong> security and development nexus for <strong>the</strong> existence <strong>of</strong> APF 9 .<br />
‣ The sustainability and predictability <strong>of</strong> APF funding, <strong>part</strong>icularly for PSOs, as <strong>the</strong>re is an<br />
inherent unpredictability that, in <strong>the</strong> past, triggered <strong>the</strong> need for several urgent replenishments<br />
<strong>of</strong> <strong>the</strong> APF. The possibility <strong>of</strong> third country contribution to <strong>the</strong> APF and <strong>of</strong> a bigger role for <strong>the</strong><br />
African Peace Fund is considered.<br />
‣ The coming EU institutional and budgetary developments in <strong>the</strong> prospect <strong>of</strong> developing new<br />
financial instruments for external action beyond 2013, and in close relation with <strong>the</strong><br />
establishment <strong>of</strong> <strong>the</strong> <strong>European</strong> External Action Service. The possible inclusion <strong>of</strong> <strong>the</strong> EDF in<br />
<strong>the</strong> EU budget could impact <strong>the</strong> regulatory, financial and management aspects <strong>of</strong> <strong>the</strong> existing<br />
APF.<br />
I.3 EVALUATION PHASES<br />
According to <strong>the</strong> ToR, this <strong>evaluation</strong> had four phases:<br />
1) An inception phase in Brussels 2) A headquarter phase<br />
3) A field phase 4) A syn<strong>the</strong>sis phase<br />
a. Inception Phase<br />
The inception phase was devoted to structuring and preparing <strong>the</strong> <strong>evaluation</strong> approach and<br />
methodology. The team studied <strong>the</strong> intervention logic <strong>of</strong> <strong>the</strong> Commission support to APF and <strong>the</strong><br />
development/security nexus. The inception phase included:<br />
‣ Clarification and understanding <strong>of</strong> <strong>the</strong> objectives <strong>of</strong> <strong>the</strong> APF;<br />
‣ Summary <strong>of</strong> <strong>the</strong> fundamental procedures concerning <strong>the</strong> identification and submission <strong>of</strong><br />
requests, different contracting procedures, and vetting, approval and implementation <strong>of</strong> APF<br />
grants and/or contribution agreements;<br />
‣ A Launch Note, presenting <strong>the</strong> team understanding <strong>of</strong> <strong>the</strong> ToR and <strong>the</strong> proposed general<br />
approach to <strong>the</strong> work was prepared in December 2010 and presented to <strong>the</strong> CGIS on 9th<br />
January 2011.<br />
8 Terms <strong>of</strong> Reference, “Part 1 <strong>of</strong> <strong>the</strong> African Peace Facility Evaluation: Reviewing <strong>the</strong> Procedures <strong>of</strong> <strong>the</strong> APF and<br />
Possibilities <strong>of</strong> Alternative Future Sources <strong>of</strong> Funding”. FWC Commission 2007 – Lot n° 4. Request for <strong>of</strong>fer N°<br />
2010/254164.<br />
9 Article 11 <strong>of</strong> <strong>the</strong> Cotonou Partnership Agreement 9 provides <strong>the</strong> necessary basis for establishing <strong>the</strong> APF.<br />
Page 6 <strong>of</strong> 49
‣ Areas for fur<strong>the</strong>r study and questioning were identified and presented in <strong>the</strong> Draft Inception<br />
Note;<br />
‣ Detailed questions were refined, stakeholder groups identified, potential interviewees identified<br />
and contacted;<br />
‣ A Draft Inception Note was presented and discussed on 17 January 2011, amended and<br />
presented on 23 January 2011 and approved by <strong>the</strong> CGIS.<br />
b. Headquarters Phase 10<br />
The team consulted key documentation and human sources in Brussels:<br />
‣ Examination <strong>of</strong> <strong>European</strong> Commission strategy documents and <strong>evaluation</strong>s relating to<br />
selected countries/regions and procedures covered by <strong>the</strong> APF;<br />
‣ Examination <strong>of</strong> African Union strategy documents and <strong>evaluation</strong>s relating to selected<br />
countries/regions covered by <strong>the</strong> APF;<br />
‣ Examination <strong>of</strong> funding agreements, income and expenditure and comparison with planning;<br />
‣ Extraction <strong>of</strong> detailed procedures from documents concerning interventions under <strong>the</strong> APF;<br />
‣ Detailed examination <strong>of</strong> procedures for request, selection, approval, implementation;<br />
‣ Detailed examination <strong>of</strong> procedures for procurement, financial management, and audit;<br />
‣ Examination <strong>of</strong> intervention-specific documents concerning APF;<br />
‣ Analysis <strong>of</strong> <strong>the</strong> origins <strong>of</strong> procedures, and <strong>the</strong> nature <strong>of</strong> checks and balances;<br />
‣ Analysis <strong>of</strong> oversight procedures, <strong>of</strong> how responsibility and authority function in <strong>the</strong> system;<br />
‣ Interviews with EU Commission HQ staff in charge <strong>of</strong> <strong>the</strong> APF and related country desks;<br />
‣ Interviews with Council staff;<br />
‣ Interviews with <strong>of</strong>ficials <strong>of</strong> a few selected EU MS working on APF;<br />
‣ Interviews with <strong>of</strong>ficials <strong>of</strong> a few selected African missions in Brussels;<br />
‣ Interviews with selected CSOs and academics informed about APF functioning and<br />
procedures;<br />
‣ Interviews with UN <strong>of</strong>ficials in New York and Africa;<br />
c. Field Phase 11<br />
African visits in February 2011 were mandated to:<br />
‣ 1- AU and EU <strong>of</strong>fices in Addis Ababa (Mr Leon Kukkuk) and<br />
‣ 2- ECCAS and EU <strong>of</strong>fices in Libreville (Mr Eduardo Trillo).<br />
Each field visit included:<br />
‣ Interviews with AU/REC <strong>of</strong>ficials;<br />
‣ Interviews with local EU <strong>of</strong>ficials in <strong>of</strong>fice;<br />
‣ Interviews with local and/or regional civil society specialists;<br />
‣ Extracting procedures from documents concerning interventions under <strong>the</strong> APF;<br />
‣ Analysis <strong>of</strong> <strong>the</strong> origins <strong>of</strong> procedures, and <strong>the</strong> nature <strong>of</strong> checks and balances;<br />
‣ Analysis <strong>of</strong> oversight procedures and how responsibility and authority function in <strong>the</strong> system;<br />
‣ Detailed examination <strong>of</strong> PSO request, selection and approval procedures;<br />
‣ Detailed examination <strong>of</strong> APF intervention, management and control procedures;<br />
‣ Detailed examination <strong>of</strong> mediation missions request, selection, approval procedures;<br />
‣ Examination <strong>of</strong> <strong>the</strong> way in which o<strong>the</strong>r EU instruments are considered and used before APF is<br />
called in or used to create synergy with APF;<br />
‣ Each field visit resulted in a debriefing in <strong>the</strong> African capital by <strong>the</strong> consultant.<br />
10 For details see Annex 4<br />
11 For details see Annex 4<br />
Page 7 <strong>of</strong> 49
d. Syn<strong>the</strong>sis Phase<br />
The Team compiled a First Draft Report during <strong>the</strong> last week <strong>of</strong> February. This report was presented<br />
and discussed on March 17th, <strong>the</strong>n a Second Draft Final Report was delivered, and after <strong>the</strong> EC<br />
comments, <strong>the</strong> <strong>evaluation</strong> team submitted <strong>the</strong> Final Report.<br />
I.4 SPECIFIC METHODOLOGY<br />
The following steps were carried out for <strong>the</strong> procedure <strong>part</strong> <strong>of</strong> <strong>the</strong> <strong>evaluation</strong>:<br />
Analysis <strong>of</strong> <strong>the</strong> current decision-making procedures, taking EU and <strong>the</strong> AU/REC perspectives,<br />
EU and AU Member States and o<strong>the</strong>r experts’ ideas into account.<br />
Understand problems and successes during <strong>the</strong> 2008 to 2010 period, taking into account <strong>the</strong><br />
legal framework, administrative practices and innovations and <strong>the</strong> conditions imposed by<br />
African security, politics and realities.<br />
Identification <strong>of</strong> possible procedural improvements within <strong>the</strong> current legal framework.<br />
Study possible changes to <strong>the</strong> legal framework.<br />
Research on new and former procedures.<br />
The following steps were carried out for <strong>the</strong> funding <strong>part</strong> <strong>of</strong> <strong>the</strong> <strong>evaluation</strong>:<br />
Analysing income and expenditure patterns in APF from <strong>the</strong> outset.<br />
Comparing income and expenditure with APF objectives and planning.<br />
Obtaining information and opinion on funding history from all stakeholders.<br />
Analysing <strong>the</strong> possible administrative changes in funding sources and application.<br />
Investigating possible new funding sources.<br />
The <strong>evaluation</strong> was conducted in a collaborative manner with high interaction between <strong>the</strong> consultants<br />
and with EC staff, who provided detailed information and a reality check concerning <strong>the</strong> institutional<br />
and political contexts. This <strong>part</strong>nership generated a learning process between <strong>the</strong> CISG and <strong>the</strong><br />
consultants. Key issues have been identified, which now need to be considered by <strong>the</strong> appropriate<br />
stakeholders and decision-makers<br />
The <strong>evaluation</strong> included <strong>the</strong> analysis <strong>of</strong> a large range <strong>of</strong> legal and procedural documents as well as a<br />
variety <strong>of</strong> funding mechanisms. While <strong>the</strong> decisions on implementation rest with AU and EU Member<br />
States, <strong>the</strong> <strong>evaluation</strong> team believes it has cast a searchlight on <strong>the</strong> areas where positive changes<br />
may be achieved. The team has also presented Hypo<strong>the</strong>ses that will be useful in <strong>the</strong> 2 nd Part <strong>of</strong> <strong>the</strong><br />
Evaluation when analysing <strong>the</strong> impact <strong>of</strong> APF in details (in annexe).<br />
I.5 EXPECTED RESULTS<br />
The main final result is <strong>the</strong> submission <strong>of</strong> a Final Report which includes: a thorough analysis <strong>of</strong> <strong>the</strong><br />
APF decision-making procedures as well as possible alternative sources <strong>of</strong> funding in <strong>the</strong> future,<br />
including common foreign and security policy funding, and clear, complete and specific answers to <strong>the</strong><br />
<strong>evaluation</strong> questions. The Final Report, as requested under <strong>the</strong> ToR, is also including working<br />
hypo<strong>the</strong>ses to be fur<strong>the</strong>r analysed during phase 2 <strong>of</strong> <strong>the</strong> <strong>evaluation</strong>. 12<br />
12 See annex 6 on working hypo<strong>the</strong>sis for APF <strong>evaluation</strong> <strong>part</strong> II.<br />
Page 8 <strong>of</strong> 49
II.<br />
GENERAL APPRAISAL OF THE APF<br />
II.1 THE SUCCESS OF THE APF<br />
The APF is considered successful by most stakeholders, <strong>part</strong>icularly in funding PSOs and establishing<br />
<strong>the</strong> AU as a serious player in <strong>peace</strong> and security issues. Its action is rooted in repeated joint<br />
commitments by EU and AU to work toge<strong>the</strong>r for <strong>peace</strong> in Africa, based on a legal foundation<br />
especially Cotonou Art. 11. The APF has given <strong>the</strong> African Union political clout, with a physical and<br />
political presence in <strong>peace</strong>keeping that could not have been imagined ten years ago. The AU is now a<br />
functioning organisation with major military operations, some additional experience in police and<br />
civilian <strong>peace</strong>keeping and mediation, and significant budgetary experience. The APF has certainly<br />
achieved <strong>the</strong> objective <strong>of</strong> enhancing dialogue, but its achievements will be even more significant when<br />
all <strong>the</strong> pillars <strong>of</strong> APSA are fully functioning. 13<br />
The APF start was considered with great excitement in Europe, but even more so in Africa where AU<br />
MS governments were delighted with <strong>the</strong> idea that <strong>the</strong>y were contributing a ‘slice’ from <strong>the</strong>ir National<br />
Indicative Programmes (NIP) to build <strong>the</strong> Peace and Security Architecture <strong>of</strong> AU. EU Commissioner<br />
Poul Nielsen and AU Commissioner Said Djinnit understood <strong>the</strong> political importance <strong>of</strong> <strong>the</strong> African<br />
‘buy-in’: African ownership felt real because 50% <strong>of</strong> <strong>the</strong> 1st APF came from African states.<br />
Through <strong>the</strong> APF, <strong>the</strong> EU has taken political initiatives that were not even envisaged ten years ago.<br />
This has positioned <strong>the</strong> EU as a major actor on <strong>the</strong> <strong>peace</strong> and security fields in Africa. The EU has<br />
supplanted many <strong>of</strong> <strong>the</strong> post-colonial and bilateral processes that dominated in <strong>the</strong> 1990s, which is<br />
both appreciated by <strong>the</strong> Africans and EU MS including some <strong>of</strong> <strong>the</strong> former colonial powers who<br />
appreciate <strong>the</strong> <strong>European</strong> filter on <strong>peace</strong> and security issues.<br />
The APF has also allowed <strong>the</strong> EU to experiment foreign policy initiatives and procedural mechanisms<br />
that had never been tried before. The EEAS has <strong>the</strong> opportunity to build on this basis in Africa and<br />
elsewhere, seeking synergies within ODA 14 funding: <strong>the</strong> APF is a seminal experiment with long-term<br />
ramifications we cannot even begin to imagine. In a remarkably short period, <strong>the</strong> APF has changed<br />
<strong>the</strong> face <strong>of</strong> <strong>peace</strong> and security in Africa.<br />
APF is an instrument that provides political leverage to <strong>the</strong> AU; but some <strong>of</strong> <strong>the</strong> initial drive has<br />
diminished as procedures sometimes took precedence over political innovation. While procedures and<br />
internal controls are important, rules and regulations evolving in Brussels do not easily match with <strong>the</strong><br />
principle <strong>of</strong> African ownership and <strong>the</strong> requirements <strong>of</strong> effective delivery and value for money. AU and<br />
REC absorptive (and management) capacities are already limited by <strong>the</strong> newness <strong>of</strong> <strong>the</strong>ir structures<br />
13 ‘In order to make <strong>the</strong> APSA work, it is crucial to elaborate a forward-looking action plan on capacity-building,<br />
including <strong>the</strong> elaboration <strong>of</strong> an innovative policy approach that looks at real African needs and provides<br />
predictable and sustainable resources.’ Pirozzi and Miranda 2010, p3<br />
14 The EU’s <strong>of</strong>ficial development assistance had a total value <strong>of</strong> €49 billion in 2009, nearly €100 per citizen which<br />
is considerably more than in <strong>the</strong> US and Japan. African countries receive €15 billion annually, <strong>the</strong> main share <strong>of</strong><br />
EU development assistance. <strong>European</strong> aid stands at 0.42% <strong>of</strong> gross national income (GNI), includes 3 <strong>of</strong> <strong>the</strong> 5<br />
largest donors in <strong>the</strong> world (UK, France and Germany) and four <strong>of</strong> <strong>the</strong> five countries that exceed <strong>the</strong> UN target <strong>of</strong><br />
0.7% <strong>of</strong> GNI being given to development aid (Sweden, Denmark, Ne<strong>the</strong>rlands, Luxembourg). However, <strong>the</strong> EU is<br />
not yet on its way to meet <strong>the</strong> 2015 ODA targets.<br />
http://www.deljpn.ec.europa.eu/modules/world/human/oda/<br />
Page 9 <strong>of</strong> 49
and insufficient staffing. Struggling to grasp <strong>the</strong> minutiae <strong>of</strong> EU administration and procedures is a<br />
burden that some RECs (ECCAS is one example) find almost overwhelming. The structural<br />
deficiencies <strong>of</strong> AU/RECs on financial management have made matters worse, although <strong>the</strong> AU<br />
appears to have made significant progress in this area during 2010.<br />
II.2 FUNDING OF THE APF INSTRUMENT<br />
The first APF was created with a €250 million budget. The NIP ‘slicing’ mechanism was confirmed in<br />
DECISION No 3/2003 OF THE ACP-EC COUNCIL OF MINISTERS <strong>of</strong> 11 December 2003 on <strong>the</strong> use<br />
<strong>of</strong> resources from <strong>the</strong> long-term development envelope <strong>of</strong> <strong>the</strong> 9th EDF for <strong>the</strong> creation <strong>of</strong> a Peace<br />
Facility for Africa:<br />
“Art 1 Para 1: A contribution <strong>of</strong> 1,5 % shall be taken from allocations that were notified<br />
to African ACP States in accordance with Article 1(b) <strong>of</strong> Annex IV to <strong>the</strong> ACP-EC<br />
Partnership Agreement. Such contribution will be taken from <strong>the</strong> uncommitted balance<br />
<strong>of</strong> <strong>the</strong> allocation referred to in Article 3(2) (b) <strong>of</strong> Annex IV to <strong>the</strong> ACP-EC Partnership<br />
Agreement, <strong>the</strong> so-called B-allocation.<br />
If <strong>the</strong> uncommitted balance <strong>of</strong> <strong>the</strong> B-allocation is insufficient, <strong>the</strong> remainder will be<br />
taken from <strong>the</strong> uncommitted balance <strong>of</strong> <strong>the</strong> allocation referred to in Article 3(2) (a) <strong>of</strong><br />
Annex IV, <strong>the</strong> so-called A-allocation. A total amount <strong>of</strong> EUR 126,4 million shall thus be<br />
transferred from <strong>the</strong> respective country allocations to <strong>the</strong> intra-ACP allocation under<br />
<strong>the</strong> envelope for regional cooperation and integration and used for <strong>the</strong> creation <strong>of</strong> a<br />
Peace Facility for Africa.”<br />
The slicing mechanism was not pursued in <strong>the</strong> second APF in 2007, under 10 th EDF. As a result,<br />
without slicing mechanism, <strong>the</strong> accountability between <strong>the</strong> AU MS and <strong>the</strong> AUC may have weakened.<br />
For many interlocutors, <strong>the</strong> NIP slicing mechanism <strong>of</strong>fered several excellent aspects, among which<br />
building political commitment to <strong>the</strong> AU was perhaps <strong>the</strong> most important. Therefore, <strong>the</strong> <strong>evaluation</strong><br />
sees a possible re-introduction <strong>of</strong> <strong>the</strong> NIP ‘slicing’ mechanism in <strong>the</strong> future as a valuable way not only<br />
to increase funding for <strong>the</strong> 2nd APF, but also streng<strong>the</strong>n mutual links and commitments between <strong>the</strong><br />
AU as an institution and AU Member States.<br />
Taking into account that <strong>the</strong> second APF, under <strong>the</strong> 10th EDF, budgeted €300 million (for PSOs<br />
€200m, for APSA €65m, for ERM €15m, audit M&E etc. €7m, contingencies €13m), since <strong>the</strong><br />
establishment <strong>of</strong> <strong>the</strong> African Peace Facility (APF) in 2004, <strong>the</strong> EU has channelled €740 million through<br />
this instrument. 15 In 2007, <strong>the</strong> AU and <strong>the</strong> EU decided to broaden <strong>the</strong> scope <strong>of</strong> <strong>the</strong> African Peace<br />
Facility to cover conflict prevention and post-conflict stabilisation as well as to accelerate decisionmaking<br />
and coordination processes.<br />
In line with <strong>the</strong> priorities <strong>of</strong> <strong>the</strong> Partnership on Peace and Security <strong>of</strong> <strong>the</strong> Joint Africa-EU Strategy,<br />
APF funds have been allocated as follows:<br />
Item in <strong>the</strong> APF budget 16<br />
Amount and purpose under 9 th and 10 th EDF<br />
1) Capacity Building (CB) € 100 million have been allocated to <strong>the</strong> Operationalisation <strong>of</strong><br />
African Peace and Security Architecture (APSA) and Africa-<br />
EU dialogue. EU support aims at streng<strong>the</strong>ning dialogue and<br />
<strong>the</strong> capacity and effectiveness <strong>of</strong> <strong>the</strong> various components <strong>of</strong><br />
<strong>the</strong> APSA.<br />
15 http://ec.europa.eu/europeaid/where/acp/regional-cooperation/<strong>peace</strong>/index_en.htm<br />
16 Additional funds are allocated to activities such as audit, monitoring, visibility, <strong>evaluation</strong> and technical<br />
assistance.<br />
Page 10 <strong>of</strong> 49
Item in <strong>the</strong> APF budget 16<br />
Amount and purpose under 9 th and 10 th EDF<br />
2) Peace Support Operations (PSO) € 600 million have been earmarked for this purpose. The<br />
funding <strong>of</strong> Peace Support Operations represents <strong>the</strong> core<br />
activity <strong>of</strong> <strong>the</strong> African Peace Facility (APF). EU support aims<br />
at providing sustainable and predictable funding to enable<br />
effective planning.<br />
3) Early Response Mechanism (ERM): € 15 million have been allocated to finance preparatory<br />
stages <strong>of</strong> Peace Support Operations or urgent funding for<br />
initial mediation processes (6 months).<br />
4) Contingencies: € 40 million are earmarked for unforeseen needs in case any<br />
<strong>of</strong> <strong>the</strong> above-mentioned budget lines is depleted.<br />
APF contracted amounts under <strong>the</strong> 9 th EDF (1 st APF) 17<br />
1st APF PSOs<br />
AMIS Sudan<br />
>€350m<br />
FOMUC/MICOPAX CAR<br />
€53.2m<br />
AMISOM Somalia<br />
€35.5m<br />
AMISEC + MAES Comoros € 5m + €3m<br />
PSO cumulated expenditure<br />
AMIS TOTAL AMIS + o<strong>the</strong>rs<br />
2004 79.17 81<br />
2005 149.17 160<br />
2006 229.17 250<br />
2007 306.60 350<br />
2008 306.60 400<br />
Capacity Building EXPENDITURE<br />
AUC capacities €6m<br />
ASF workshops €988 552<br />
REC liaison, EWS & finance mgt €7.7m (South Africa budget line)<br />
ASF planning, EWS & finance mgt €20m<br />
II.3 APSA AND THE APF INTERVENTION LOGIC<br />
In December 2005, <strong>the</strong> EU adopted its Africa Strategy, aiming to “support Africa’s efforts to reach <strong>the</strong><br />
UN Millennium Development Goals (MDGs) and make Europe's <strong>part</strong>nership with Africa more<br />
efficient”. 18 EU financial support to achieving <strong>the</strong> MDGs and to <strong>the</strong> APF is channelled through <strong>the</strong><br />
intergovernmental <strong>European</strong> Development Fund (EDF), which, as a formal EU mechanism under EU’s<br />
first pillar, is managed by <strong>the</strong> <strong>European</strong> Commission. The APF is <strong>the</strong>refore a ‘development’ funding<br />
directed towards creating <strong>the</strong> necessary security conditions for development in line with <strong>the</strong> spirit and<br />
legal basis <strong>of</strong> <strong>the</strong> Cotonou Agreement.<br />
The African Union and its African Peace and Security Architecture (APSA) were born with <strong>the</strong> new<br />
Millennium.<br />
The following diagram displays <strong>the</strong> pillars <strong>of</strong> <strong>the</strong> African Peace and Security Architecture<br />
17 From <strong>the</strong> APF unit http://www.docstoc.com/docs/49327320/African-Peace-Facility<br />
18 http://ec.europa.eu/development/Geographical/europe-cares/africa/eu_strategy_en.html<br />
Page 11 <strong>of</strong> 49
From Vines & Middleton 2008<br />
The institutional transformation <strong>of</strong> <strong>the</strong> OAU into <strong>the</strong> African Union <strong>of</strong>fered new perspectives for Africa<br />
to take control <strong>of</strong> its future. According to all interlocutors, <strong>the</strong> EU has been <strong>the</strong> primary, most reliable<br />
and most generous funder <strong>of</strong> <strong>the</strong> APSA. The impact <strong>of</strong> <strong>the</strong> APF can be considered a huge success –<br />
and a successful political risk for <strong>the</strong> EU - achieved in a remarkably short period.<br />
Designed in some aspects on <strong>the</strong> EU, 19 <strong>the</strong> AU has never<strong>the</strong>less taken foreign policy integration much<br />
fur<strong>the</strong>r and much faster than <strong>the</strong> EU, at least from a <strong>the</strong>oretical perspective. The legal framework <strong>of</strong><br />
APSA, outlined in <strong>the</strong> AU Constitutive Act, <strong>the</strong> PSC protocol and <strong>the</strong> CADSP, 20 remains <strong>the</strong> most<br />
ambitious regional security architecture in <strong>the</strong> world, giving mandate to <strong>the</strong> AUC and sub-regional<br />
organisations to intervene within <strong>the</strong> borders <strong>of</strong> <strong>the</strong> member states.<br />
Largely thanks to <strong>the</strong> APF, APSA has started to become a reality: its regional ASF brigades are<br />
almost ready for action; interventions in CAR and Comoros were successful; mediations in Niger and<br />
Guinea prevented war; <strong>the</strong> AMIS and AMISOM operations in Sudan and Somalia are huge and<br />
important; collaboration with UN and EU is creating new synergies; innovative <strong>peace</strong> management<br />
approaches like early-warning, mediation and conflict management through <strong>the</strong> Panel <strong>of</strong> <strong>the</strong> Wise are<br />
exciting (even if <strong>the</strong>y have not yet moved very far). However, <strong>the</strong> limited institutional capacity <strong>of</strong> <strong>the</strong><br />
19 The AU has a simpler control structure than <strong>the</strong> EU, without <strong>the</strong> different pillar competencies. The Pan-African<br />
Parliament, however, has very limited powers, and is not directly elected. The PAP has existed since 2004. The<br />
265 representatives who serve in it are elected from within <strong>the</strong> national legislatures <strong>of</strong> 53 African countries. Unlike<br />
<strong>the</strong> EU, <strong>the</strong>re are no economic or financial conditions for AU membership, so <strong>the</strong> divergence in ideologies is<br />
greater. The AU agenda and origins are more political and less economic than those <strong>of</strong> <strong>the</strong> EU.<br />
20 Common African Defence and Security Policy (CADSP), adopted in Maputo, in July 2003<br />
Page 12 <strong>of</strong> 49
AU, <strong>the</strong> relative limited focus on <strong>the</strong> streng<strong>the</strong>ning <strong>of</strong> <strong>the</strong> AUC/RECs relation as a key driver <strong>of</strong> APSA,<br />
and <strong>the</strong> fragility <strong>of</strong> its political consensus keep APSA weak. Never<strong>the</strong>less, <strong>the</strong>re is no denying its<br />
importance, or <strong>the</strong> success <strong>of</strong> its first decade.<br />
At <strong>the</strong> same time, some <strong>of</strong> Africa’s regional organisations have also emerged as significant players in<br />
<strong>the</strong> field <strong>of</strong> <strong>peace</strong> and security. ECOWAS can claim success in Sierra Leone and Liberia, Niger and<br />
Guinea, and <strong>the</strong> 1998 Moratorium – now <strong>the</strong> legally binding Convention - on Small Arms is a seminal<br />
African experience. The MICOPAX intervention in Central African Republic is considered an ECCAS<br />
success. APSA’s success depends on <strong>the</strong> RECs and o<strong>the</strong>r regional structures, as well as <strong>the</strong> African<br />
Union. The notion <strong>of</strong> RECs as pillars <strong>of</strong> APSA is complicated by overlapping memberships, and<br />
differing roles in <strong>peace</strong> and security; and not all RECs are involved in <strong>the</strong> support to <strong>the</strong> African<br />
Standby Force 21 .<br />
Under <strong>the</strong> JAES, APF has evolved from a fund for PSOs, into <strong>the</strong> funding <strong>part</strong>ner <strong>of</strong> APSA 22 under <strong>the</strong><br />
logic and legal backing <strong>of</strong> <strong>the</strong> 2005 amended Cotonou Agreement; while APSA itself has <strong>the</strong> legal<br />
backing <strong>of</strong> <strong>the</strong> AU Constitutive Act and <strong>the</strong> AU Peace and Security Council. 23 Subsequent to <strong>the</strong> Paris<br />
Declaration on Aid Effectiveness <strong>of</strong> 25 March 2005, <strong>the</strong> JAES <strong>of</strong> 2007 sets out a new relationship<br />
between Africa and Europe based on a set <strong>of</strong> eight <strong>part</strong>nerships. The first <strong>of</strong> <strong>the</strong>se is <strong>the</strong> Peace and<br />
Security Partnership, under which APSA falls.<br />
APSA has ambitions that concern both conflict management and conflict prevention within and among<br />
African countries. The <strong>evaluation</strong> sees that it would be valuable to look more closely at African<br />
systems <strong>of</strong> ‘conflict management’, which are frequently discussed in <strong>the</strong> literature in connection with<br />
internal conflicts: <strong>the</strong> role <strong>of</strong> States, traditional authorities and civil society in reducing tensions and<br />
avoiding violence. Using this shorthand, APSA might be more effective and less costly, if ‘conflict<br />
management’ systems were supported at <strong>the</strong> local level: ‘Conflict prevention’ involving outsiders such<br />
as <strong>the</strong> REC, AU or international community would not be necessary. Such an approach, which makes<br />
sense as a complementary measure within <strong>the</strong> APF, would require that <strong>the</strong> APF and APSA be fully<br />
implemented in line with <strong>the</strong> human security doctrine 24 . Concretely, this would entail that APF<br />
contracts should be signed with o<strong>the</strong>r <strong>part</strong>ies than <strong>the</strong> AUC/RECs for such specific purposes and that<br />
a wider range <strong>of</strong> EU aid modalities are used in implementation <strong>of</strong> APF funds.<br />
APF has been fairly successful with low-cost interventions. In <strong>the</strong> conflict management area, <strong>the</strong> ERM<br />
stands out: 10 mediation missions were funded during 2010 and two additional during <strong>the</strong> first quarter<br />
<strong>of</strong> 2011, for no more than 6 months (<strong>the</strong> procedural maximum) and little cost. Using a ‘What If’<br />
hypo<strong>the</strong>sis for avoiding war, it is reasonable to surmise that several millions <strong>of</strong> Euros and <strong>the</strong> lives <strong>of</strong><br />
hundreds might have been saved through successful mediations in Guinea and Niger.<br />
Among PSO experiences, <strong>the</strong> two Comoros operations stand out as APF success stories: <strong>the</strong>y were<br />
short and effective, leaving <strong>the</strong> country stabilised after elections. On <strong>the</strong> o<strong>the</strong>r hand, synergy has been<br />
achieved on CB between APF and RIPs, as in <strong>the</strong> case <strong>of</strong> ECCAS, which has been very valuable to<br />
improve impact and avoid overlapping. The <strong>evaluation</strong> sees that an APF information and outreach<br />
strategy, disseminating Lessons Learned, could yield similar cost-effective benefits.<br />
21 The Arab Maghreb Union cooperating with Egypt was initially designated to act as <strong>the</strong> regional organisation<br />
which would create and support <strong>the</strong> brigade. For some time, intra-regional differences prevented any progress at<br />
all. However, a new mounting body, <strong>the</strong> North Africa Regional Capability, has now been created to take on <strong>the</strong><br />
role <strong>of</strong> <strong>the</strong> REC for Nor<strong>the</strong>rn Africa<br />
22 For this evolution see tables in <strong>the</strong> Executive Summary sections 1.1 and 1.2 above.<br />
23 APSA’s structure is outlined in The Protocol Relating to <strong>the</strong> Establishment <strong>of</strong> <strong>the</strong> Peace and Security Council<br />
Adopted by <strong>the</strong> 1st Ordinary Session <strong>of</strong> <strong>the</strong> Assembly <strong>of</strong> <strong>the</strong> African Union in Durban, 9 July 2002<br />
24 The Barcelona Report “A Human Security Doctrine for Europe”, presented by <strong>the</strong> EU High Representative for<br />
Common Foreign and Security Policy, Javier Solana, in September 2004.<br />
Page 13 <strong>of</strong> 49
Regarding what scholars name “<strong>the</strong> conflict cycle” 25 , APF is open to help <strong>the</strong> AU and RECs to develop<br />
mechanisms to enable interventions at every stage <strong>of</strong> <strong>the</strong> ‘conflict cycle’ in <strong>the</strong> areas <strong>of</strong> <strong>peace</strong> and<br />
security: from <strong>the</strong> moment when <strong>the</strong> EWS picks up signs <strong>of</strong> a small conflict or <strong>the</strong> event that could<br />
ignite conflict, all <strong>the</strong> way through to post-conflict <strong>peace</strong> building and sustainable development – where<br />
EDF and <strong>the</strong> development-security nexus function. PSOs intervene in <strong>the</strong> middle <strong>of</strong> <strong>the</strong> conflict cycle,<br />
only if <strong>the</strong>re is a failure <strong>of</strong> local authorities and CSOs, local police and mediation mechanisms, and AU<br />
MS governments’ own conflict prevention mechanisms working at <strong>the</strong> basis <strong>of</strong> <strong>the</strong> continental P&S<br />
infrastructure. It should be stressed that if national conflict management and prevention efforts prove<br />
successful, external intervention would become unnecessary. Consequently, a more effective<br />
coordination <strong>of</strong> all EU efforts at all levels, including RIPs and NIPs, and with o<strong>the</strong>r donors, is crucial for<br />
a successful APSA. On <strong>the</strong> o<strong>the</strong>r hand, it is logical to consider how <strong>the</strong> demand for PSO funding could<br />
be decreased if earlier and cheaper prevention interventions were privileged. Therefore, it could be<br />
also concluded that a stronger APSA conflict management might reduce future APF funding needs as<br />
a whole because costly PSOs would be less necessary.<br />
That assumption is important as, at present, APF Funding is largely consumed by PSOs not only<br />
because that is APF’s primary vocation, but also because <strong>the</strong> funds are available under APF to meet<br />
<strong>the</strong> high costs <strong>of</strong> <strong>peace</strong>keeping missions. No o<strong>the</strong>r EU instrument is as convenient to fund certain<br />
military costs. In every nation, an option is to mobilise troops. Recruiting magistrates and policemen<br />
and coastguards for a PSO is more complex, due to <strong>the</strong>ir lack <strong>of</strong> availability. 26 Soldiers on <strong>the</strong> o<strong>the</strong>r<br />
hand, are instantly available and always keen to take on new challenges.<br />
Human security doctrine and state sovereignty both inform <strong>the</strong> legal and political framework <strong>of</strong> APSA:<br />
<strong>the</strong> argument developed during <strong>the</strong> 1990s in West Africa, according to which conflict is a development<br />
cost and preventing or managing conflict should <strong>the</strong>refore be considered a legitimate use <strong>of</strong><br />
development funds is not <strong>the</strong> least important. The same conclusion was reached in Europe during <strong>the</strong><br />
May 2003 Council debate culminating in <strong>the</strong> conclusions on Countries in Conflict and in numerous<br />
o<strong>the</strong>r documents. 27 The <strong>European</strong> Security Strategy (ESS), which was launched in 2003, emphasised<br />
<strong>the</strong> link between security and development both in Europe and Africa. 28 The same reasoning underlies<br />
<strong>the</strong> APF, <strong>the</strong> AU-EU <strong>peace</strong> and security <strong>part</strong>nership, and <strong>the</strong> JAES.<br />
Since APF is funded under EDF, <strong>the</strong> ‘security-development nexus’ is an important <strong>part</strong> <strong>of</strong> <strong>the</strong><br />
intervention logic, supported by AU member States, and follows closely <strong>the</strong> doctrine <strong>of</strong> human<br />
security. The justification for using development funds for <strong>the</strong> prevention <strong>of</strong> conflict is both politically<br />
and legally very strong as it is fully embedded in <strong>the</strong> Cotonou Agreement that guides implementation<br />
<strong>of</strong> <strong>the</strong> EDF including <strong>the</strong> APF. The <strong>evaluation</strong> supports <strong>the</strong> underlying development-security nexus<br />
philosophy but some EU Member States and o<strong>the</strong>r <strong>European</strong> stakeholders including members <strong>of</strong> <strong>the</strong><br />
25 See annex 8 on conflict cycle.<br />
26 ‘The EU’s “comprehensive approach” is supposed to ensure that <strong>the</strong> military and civilian components <strong>of</strong><br />
overseas interventions complement each o<strong>the</strong>r. But struggles inside <strong>the</strong> Council Secretariat, <strong>the</strong> bureaucratic<br />
machinery used by <strong>the</strong> PSC, mean that, for now at least, <strong>the</strong> ideal <strong>of</strong> civilian-military co-operation remains just<br />
that.’ Korski, D & Gowan, R 2009: Can <strong>the</strong> EU rebuild failing states A review <strong>of</strong> Europe’s civilian capacities<br />
<strong>European</strong> Council on Foreign Relations, Cambridge, UK (Executive Summary)<br />
27 For example : “Conflict prevention must be incorporated in cooperation programmes, since violent conflict<br />
rarely springs out <strong>of</strong> nowhere, but is <strong>the</strong> result <strong>of</strong> a gradual deterioration. Development policy and cooperation<br />
programmes are <strong>the</strong>refore effective instruments for dealing with <strong>the</strong> root causes <strong>of</strong> conflict. Their emphasis is on<br />
reducing poverty.” See also Commission Communication <strong>of</strong> 11 April 2001 on Conflict Prevention and EU<br />
Programme for <strong>the</strong> Prevention <strong>of</strong> Violent Conflicts.<br />
http://europa.eu/legislation_summaries/foreign_and_security_policy/conflict_prevention/r12700_en.htm<br />
28 The <strong>European</strong> Security Strategy considers that “security is a precondition <strong>of</strong> development”: A Secure Europe in<br />
a better world – <strong>European</strong> Security Strategy, Brussels, 12 December 2003, p. 2.<br />
Page 14 <strong>of</strong> 49
<strong>European</strong> Parliament and NGOs continue to question <strong>the</strong> rationale. The use <strong>of</strong> development funds<br />
was recently justified thus by <strong>the</strong> AUC Chief <strong>of</strong> Staff 29 :<br />
‘… Of <strong>the</strong> many challenges facing our continent, <strong>the</strong> quest for <strong>peace</strong> and security is<br />
undoubtedly <strong>the</strong> most pressing. Issues <strong>of</strong> <strong>peace</strong> and security have always been at <strong>the</strong><br />
core <strong>of</strong> <strong>the</strong> concerns <strong>of</strong> African leaders, for this is a prerequisite for <strong>the</strong> development<br />
<strong>of</strong> our continent and its peoples.’<br />
II.4 APF AND JAES PARTNERSHIPS<br />
From its creation, <strong>part</strong>nership has been one <strong>of</strong> <strong>the</strong> key principles <strong>of</strong> APF. The Joint Africa-EU Strategy<br />
(JAES) is built on eight <strong>part</strong>nerships, replacing donations as <strong>the</strong> driving force <strong>of</strong> <strong>the</strong> EU’s long-term<br />
commitment to Africa. The first <strong>of</strong> <strong>the</strong>se <strong>part</strong>nerships is Peace & Security and directly concerns APF<br />
as <strong>the</strong> AU’s primary <strong>part</strong>ner for P&S. A JAES mid-term review in Addis on 14 October 2009 concluded<br />
that:<br />
‘JAES needs to encourage more active <strong>part</strong>icipation and buy-in from individual<br />
Members States and African Regional Economic Communities (RECs). It will also<br />
need to stimulate greater involvement <strong>of</strong> civil society and <strong>the</strong> private sector if <strong>the</strong> full<br />
potential <strong>of</strong> <strong>the</strong> <strong>part</strong>nership is to be realised. Likewise, attention should be paid to<br />
diversifying and expanding <strong>the</strong> resources available to <strong>the</strong> Joint Strategy in order to<br />
ensure that it has access to <strong>the</strong> funds needed to achieve its goals.’<br />
APF came into <strong>the</strong> JAES P&S <strong>part</strong>nership as a flagship financial <strong>facility</strong>, but it should be assessed<br />
whe<strong>the</strong>r it fully responds to <strong>the</strong> needs <strong>of</strong> <strong>the</strong> JAES and <strong>the</strong> entire range <strong>of</strong> specific objectives outlined<br />
in <strong>the</strong> II Action Plan (2011-2013). The JAES and <strong>the</strong> Paris Declaration <strong>of</strong> 2005 reinforced concepts <strong>of</strong><br />
African ownership, which had already been introduced into <strong>the</strong> APF with <strong>the</strong> NIP slicing mechanism.<br />
Never<strong>the</strong>less, even without NIP co-funding in <strong>the</strong> second APF, <strong>the</strong>re is still some joint AU MS<br />
ownership <strong>of</strong> APSA and all <strong>the</strong> PSOs through <strong>the</strong> AU’s elected, 15-member, Peace and Security<br />
Council.<br />
Resources for <strong>the</strong> Peace and Security Partnership <strong>of</strong> <strong>the</strong> Joint Africa•EU Strategy (JAES) mainly<br />
come from <strong>the</strong> <strong>European</strong> Commission through <strong>the</strong> EDF. As said above, reluctance about development<br />
money funding PSOs might disappear if greater political attention was paid to <strong>the</strong> non-military aspects<br />
<strong>of</strong> PSOs and complementary actions involving conflict management and mediation actions. In <strong>part</strong>,<br />
this may also be a communication issue: APF instrument is not good in communication outreach or<br />
working with <strong>the</strong> relevant actors beyond <strong>the</strong> organisational secretariats in <strong>the</strong> AUC and RECs (inter<br />
alia civil society, specialised entities, research institutions, private sector or individual AU member<br />
states). The information contained in lengthy written reports is not easy to disseminate to<br />
stakeholders. The result is that <strong>the</strong> APF and APSA operationalisations are insufficiently understood<br />
outside <strong>the</strong> bureaucratic circles <strong>of</strong> a limited number <strong>of</strong> administrative services.<br />
In that sense, <strong>the</strong> increasing importance <strong>of</strong> ERM should be highlighted as essentially reactive. Its<br />
creation was an innovative move and it has proven a very valuable prevention tool. The weakness lies<br />
in <strong>the</strong> fact that ERM actions are not linked to any longer-term APSA capacity building or AU<br />
institutional building process, such as <strong>the</strong> Panel <strong>of</strong> <strong>the</strong> Wise. They are one-<strong>of</strong>f missions and while <strong>the</strong><br />
individual mediation mission may be a success, <strong>the</strong> process is not built into APSA and does not<br />
necessarily increase AU or REC institutional capacity for mediation.<br />
29 Shinkaiye, Ambassador John K. 2010. Ensuring Peace and Security in Africa: Implementing <strong>the</strong> New Africa-<br />
EU Partnership, Chatham House Transcript, London, 27 October 2010.<br />
Page 15 <strong>of</strong> 49
A similar impression emerges from funding for EWS: APSA requires <strong>the</strong> development <strong>of</strong> a fullyfledged<br />
Continental Early Warning System (and a concomitant process for local early-intervention<br />
when an early warning is given, which should mobilise EDF support through an ERM system at<br />
regional or country level). While PSOs are well-managed, <strong>the</strong> comparative lack <strong>of</strong> long-term strategic<br />
thinking for <strong>the</strong> rest <strong>of</strong> APSA within <strong>the</strong> AUC and RECs will weaken <strong>the</strong> long-term impact <strong>of</strong> APF if it<br />
continues to be implemented with a narrow focus on intergovernmental organisations ra<strong>the</strong>r than a<br />
wider range <strong>of</strong> relevant stakeholders.<br />
The 2010 APSA Assessment emphasised <strong>the</strong> need to focus on APSA policies, which are covered in<br />
MoU between <strong>the</strong> AU-RECs on APSA. 30 These policies may have been underestimated to <strong>the</strong> benefit<br />
<strong>of</strong> PSOs and military build-up. AU demands presented as APSA operationalisation, tend to see APSA<br />
pillars as objectives as such, ra<strong>the</strong>r than instruments to enable policy implementation. Such policies or<br />
corresponding initiatives should be <strong>the</strong> object <strong>of</strong> more targeted and specific APF support through, for<br />
example, <strong>the</strong> capacity building component (CB).<br />
Beyond <strong>the</strong> capacity building component, which should be granted sufficient strategic and political<br />
prioritisation, it appears that <strong>the</strong> police and civilian PSO components and training require more<br />
attention compared to <strong>the</strong> military side. A lot has been written about <strong>the</strong> operationalisation <strong>of</strong> <strong>the</strong><br />
African Stand-by Force 31 and comparatively little about <strong>the</strong> o<strong>the</strong>r APSA pillars.<br />
The AUC is one key actor responsible for building APSA, but o<strong>the</strong>rs exist. The APF should continue<br />
<strong>the</strong> necessary funding <strong>of</strong> <strong>the</strong> AUC and RECs but also consider whe<strong>the</strong>r APSA can be fur<strong>the</strong>r<br />
streng<strong>the</strong>ned via complementary funding <strong>of</strong> initiatives and stakeholders beyond <strong>the</strong> AUC. PSO funding<br />
may dominate AU requests to APF simply because <strong>the</strong> AUC is understaffed – notably <strong>the</strong> PSD which<br />
is very busy running PSOs, while lacking conceptual capacity. Actually, PSD is simply not able to<br />
devote <strong>the</strong> necessary management time for building APSA, and developing policies or doctrine.<br />
Never<strong>the</strong>less, <strong>the</strong> low ‘absorptive capacity’ that limits <strong>the</strong> growth <strong>of</strong> pan-African institutions might be<br />
overcome through deeper <strong>part</strong>nership.<br />
The analysis <strong>of</strong> Jean-Marie Guéhenno - former UN Under Secretary General for Peacekeeping seems<br />
<strong>part</strong>icularly pertinent:<br />
‘We have been used to balancing power with power, but we are ill-equipped to deal with<br />
weakness: fragile states may require military deployments <strong>of</strong> <strong>peace</strong>keepers, but streng<strong>the</strong>ning<br />
<strong>the</strong>m or managing <strong>the</strong>ir collapse requires much more complex strategies, drawing heavily on<br />
civilian capacities. One would expect <strong>the</strong> <strong>European</strong> Union, supposedly <strong>the</strong> civilian power par<br />
excellence, to be at <strong>the</strong> forefront <strong>of</strong> this effort, and certainly well ahead <strong>of</strong> <strong>the</strong> US, which has<br />
<strong>of</strong>ten been criticised for a Pentagon-dominated approach. Yet <strong>the</strong> Americans are fast learning<br />
<strong>the</strong> lessons <strong>of</strong> <strong>the</strong>ir difficulties in Iraq and Afghanistan, and energetically building <strong>the</strong>ir civilian<br />
capacities. The <strong>European</strong>s, despite having set <strong>the</strong>mselves ambitious “civilian headline goals” in<br />
2004, are at risk <strong>of</strong> being left behind.’ 32<br />
30 Memorandum <strong>of</strong> Understanding (MoU) on Cooperation on Peace and Security between <strong>the</strong> AU and <strong>the</strong><br />
Regional Mechanisms for Conflict Prevention, Management and Resolution, Addis Ababa, January 2008.<br />
31 The Stand-by Force suffers from a similar bias: its headquarters are dominated by military <strong>of</strong>ficials. Planning,<br />
training and operational exercises have demonstrated that military elements tend to be well staffed, while police<br />
and civilian elements are lagging behind. Training curricula stress <strong>the</strong> military aspects <strong>of</strong> PSOs.<br />
32<br />
Jean-Marie Guéhenno’s Foreword to Korski & Gowan 2009. He goes on to criticise ‘<strong>the</strong> unwieldy divide<br />
between <strong>the</strong> <strong>European</strong> Commission and <strong>the</strong> Council Secretariat in crisis situations’ and ‘<strong>the</strong> damaging<br />
consequences <strong>of</strong> excessively complex institutional arrangements, and <strong>of</strong> a dogmatic conceptual distinction<br />
between “security” and “development” issues that makes no sense in <strong>the</strong> kind <strong>of</strong> crisis situations that threaten<br />
fragile states.’<br />
Page 16 <strong>of</strong> 49
It is argued by <strong>the</strong> military bias supporters that o<strong>the</strong>r EU instruments can fund police, civilian or<br />
mediation activities. IfS and RIP funds may be available, and NIP funds for P&S also need to be made<br />
available at <strong>the</strong> national level, but APF was actually created as a Peace Facility intended to fund<br />
PSOs, not as a ‘military’ fund. African critics <strong>of</strong> APF say that <strong>the</strong> current arrangement only treats <strong>the</strong><br />
symptoms <strong>of</strong> African conflicts, without contributing to <strong>the</strong> resolution <strong>of</strong> <strong>the</strong> causes. 33 APF will be more<br />
effective – and its funding more firmly supported by its <strong>part</strong>ners and stakeholders 34 in Europe and in<br />
Africa - if APF is able to show that it is streng<strong>the</strong>ning <strong>the</strong> institutional development <strong>of</strong> APSA as a<br />
whole, ra<strong>the</strong>r than mainly funding <strong>the</strong> AUC/RECs and PSOs.<br />
II.5 SWOT ANALYSIS OF APF<br />
Strengths<br />
Generously funded, APF has become an<br />
important player in African PS politics.<br />
This has given AU and EU significant weight in<br />
Africa’s <strong>peace</strong> and security.<br />
Partnership and <strong>the</strong> JAES give APF and <strong>the</strong> EU a<br />
very strong and coherent political philosophy.<br />
African ownership is both a strong objective, and<br />
a <strong>part</strong>ial reality (it needs streng<strong>the</strong>ning).<br />
Good APF internal managers have developed<br />
creative ways to make inappropriate procedures<br />
work better and keep <strong>the</strong> instrument functioning.<br />
Innovative procedures in APF, IfS and ECHO<br />
have opened doors for future flexibility and<br />
efficiency.<br />
CFSP and ATHENA <strong>of</strong>fer interesting possible new<br />
funding outside EDF or in complementarity with a<br />
‘s<strong>of</strong>ter’ AP’.<br />
APF has broadened <strong>the</strong> debate and <strong>the</strong><br />
commitment <strong>of</strong> EU MS towards P&S issues in<br />
Africa.<br />
APF has enabled AU MS to act on P&S, which<br />
encourages creative policies and instruments for<br />
supporting <strong>peace</strong> (some are still embryonic).<br />
APF’s position inside EDF allows to link PSO exit<br />
strategies with <strong>peace</strong> building and development,<br />
and potentially creates pan-EU MS synergies.<br />
The full range <strong>of</strong> APSA instruments will allow EU<br />
and AU to consider alternative conflict<br />
management entry strategies, before launching<br />
costly and unpredictable PSOs.<br />
Weaknesses<br />
AUC is developing lop-sided capacities, with only<br />
PSD showing real strength through PSOs.<br />
APF-EDF procedures are not fully adequate for<br />
PSO and crisis management actions.<br />
Short-term APF funding weakens <strong>the</strong> AU edifice,<br />
undermines AU staffing, does not build capacity,<br />
and diminishes <strong>the</strong> influence <strong>of</strong> EU and EU MS.<br />
The urgent funding <strong>of</strong> PSOs and APSA ’pillars’<br />
has overtaken APSA policies: <strong>the</strong> AUC is<br />
instrument-led.<br />
AU staffing numbers under <strong>the</strong> Maputo<br />
organisational plan are not adequate for <strong>the</strong><br />
ambitions <strong>of</strong> <strong>the</strong> AU; while <strong>the</strong> Maputo staffing<br />
quota is not even filled.<br />
AU management systems and procedures are<br />
weak – including <strong>the</strong> quality <strong>of</strong> staffing &<br />
recruitment - and APF’s CB approach has not built<br />
institutional strength.<br />
Short-term contracting misleads donors and AU<br />
MS, since PSOs are mainly managed by<br />
temporary staff that cannot build solid AU<br />
foundations or lasting institutional capacities.<br />
RECs have insufficient capacity, leaving APSA<br />
with weak pillars lacking political support from AU<br />
MS.<br />
APF in Brussels is too far from <strong>the</strong> action,<br />
especially from <strong>the</strong> numerous RECs: <strong>the</strong> role <strong>of</strong><br />
EU delegations and RIPs should <strong>the</strong>refore be<br />
increased.<br />
Civil Society has not been engaged in PS in Africa<br />
(nor in Europe) yet CSOs are vital strategic<br />
<strong>part</strong>ners.<br />
33<br />
Similar concerns were expressed, and a number <strong>of</strong> suggestions for <strong>the</strong> future APF were jointly approved, during<br />
<strong>the</strong> APF Joint Coordination Committee held in Addis Ababa on 4 February 2008; and again at <strong>the</strong> Annual AU-<br />
RECs Consultation on 13 June 2001, with G8 and o<strong>the</strong>r <strong>part</strong>ners - Para 13: ‘While noting <strong>the</strong> progress made in<br />
<strong>the</strong> resolution <strong>of</strong> <strong>the</strong> conflicts facing <strong>the</strong> continent, <strong>the</strong> Consultation agreed on <strong>the</strong> need for continued and<br />
sustained efforts to consolidate <strong>peace</strong> where it has been restored, as well as prevent and resolve conflicts.’<br />
34 For example <strong>the</strong> Carlotti Report <strong>of</strong> <strong>the</strong> <strong>European</strong> Parliament expressed reservations about continued funding <strong>of</strong><br />
APF by <strong>the</strong> EDF. http://www.jrseurope.org/Migration%20and%20Development/JRS-<br />
Europe%20web%20site%20LOG%20BOOK/EU%20documents/Carlotti%20report%20on%20migration%20and%<br />
20development.pdf<br />
Page 17 <strong>of</strong> 49
Strengths<br />
APF has links with RECs (through <strong>the</strong> AU) and<br />
provides institutional support through CB<br />
programmes.<br />
ERM facilitates rapid response mediation by AU.<br />
Opportunities<br />
The EEAS <strong>of</strong>fers APF a new framework for longterm<br />
strategic thinking and planning, <strong>of</strong>fsetting<br />
some <strong>of</strong> APF’s weaknesses and providing new<br />
synergies.<br />
CFSP-adjusted procedures could integrate <strong>the</strong><br />
PSO element <strong>of</strong> <strong>the</strong> APF into EEAS and create<br />
synergies with o<strong>the</strong>r instruments.<br />
IfS/ECHO procedures <strong>of</strong>fer precedents to improve<br />
APF procedural performance and reaction times.<br />
Stronger EU Delegations and RIPs, with better<br />
P&S capacities and mandates, could take on APF<br />
support functions for RECs.<br />
APF is placed to become increasingly <strong>the</strong> major<br />
<strong>part</strong>ner for APSA, able to leverage o<strong>the</strong>r funds for<br />
<strong>the</strong> AU, creating new <strong>part</strong>nerships with and for <strong>the</strong><br />
AU.<br />
APF <strong>of</strong>fers a fulcrum for leveraging <strong>the</strong> potential<br />
strengths <strong>of</strong> EU MS in Africa, creating synergies<br />
for P&S and sustainable development.<br />
Building APSA and building <strong>peace</strong> gives EDF<br />
more chance to help Africa to meet <strong>the</strong> MDGs<br />
If EDF fails as a funder, ATHENA could <strong>of</strong>fer EU<br />
MS a creative possible alternative structure if<br />
substantially revised.<br />
CSO networks in Africa are strong and effective:<br />
<strong>the</strong>ir mobilisation potential is huge if APF can<br />
support or leverage APSA and RECs and NIPs in<br />
using <strong>the</strong>m.<br />
Weaknesses<br />
The Panel <strong>of</strong> <strong>the</strong> Wise and ‘palaver tree’<br />
strategies have been neglected by AU and<br />
consequently by APF.<br />
Early Warning has been developed only by<br />
ECOWAS and even <strong>the</strong>re it lacks a local ‘early<br />
intervention’ dimension.<br />
APF has poor visibility, outreach, and<br />
communication.<br />
Threats<br />
While APF makes PSOs important, <strong>the</strong> strength <strong>of</strong><br />
P&S could actually unbalance o<strong>the</strong>r JAES<br />
<strong>part</strong>nerships and <strong>the</strong> AU. 35 The <strong>European</strong><br />
experience since 1945 has shown that permanent<br />
<strong>peace</strong> must be based on solid economic<br />
foundations, not on PSOs.<br />
The lack <strong>of</strong> funding from AU MS undermines <strong>the</strong><br />
AU and unbalances <strong>the</strong> JAES <strong>part</strong>nership. 36<br />
The procedural and funding dominance <strong>of</strong><br />
‘preventing conflict’ reduces APSA creativity in<br />
‘managing conflict’ at <strong>the</strong> grassroots, borders <strong>of</strong> or<br />
inside <strong>the</strong> member states, and avoiding violence<br />
through o<strong>the</strong>r means.<br />
The impact <strong>of</strong> APF – and its political and<br />
innovative roles as <strong>the</strong> long-term mainstay <strong>of</strong><br />
APSA – will be diminished if AU/RECs do not<br />
improve <strong>the</strong>ir management structures and internal<br />
procedures.<br />
EU MS political support needs to be maintained<br />
and boosted, to allow APF to consolidate APSA<br />
for long-term conflict management and <strong>peace</strong><br />
promotion as a lynchpin <strong>of</strong> EU Africa strategy.<br />
AU MS political commitment to AU and RECs is<br />
ambivalent: <strong>the</strong> whole edifice will remain weak if<br />
AU MS support cannot be mobilised. It is in <strong>the</strong><br />
EU’s interest to push AU MS to <strong>part</strong>icipate more<br />
strongly, since instability in Africa is a threat to<br />
Europe.<br />
35 EU MS representatives report that <strong>the</strong> absence <strong>of</strong> dedicated funding is repeatedly raised as a problem in<br />
meetings concerning <strong>the</strong> o<strong>the</strong>r seven <strong>part</strong>nerships.<br />
36 On 17 January 2011, AUC Chairman Jean Ping made a New Year speech in which he deplored <strong>the</strong> funding<br />
arrears <strong>of</strong> AU MS and <strong>the</strong>ir tendency to give ever more tasks to <strong>the</strong> AUC without providing <strong>the</strong> means to execute<br />
<strong>the</strong>m.<br />
Page 18 <strong>of</strong> 49
III.<br />
MAIN FINDINGS AND RECOMMENDATIONS ON APF<br />
DECISION-MAKING PROCEDURES<br />
The APF follows <strong>the</strong> standard ‘project cycle’ <strong>of</strong> <strong>the</strong> <strong>European</strong> Commission. For <strong>the</strong> purpose <strong>of</strong> this<br />
<strong>evaluation</strong>, special consideration is given to programming, financing and <strong>the</strong> applied aid modalities<br />
(i.e. contribution agreements, grant agreements and service contracts).<br />
The APF (funded through <strong>the</strong> 10 th EDF) is programmed in consecutive 3-year rolling programme<br />
documents. Art. 12 <strong>of</strong> <strong>the</strong> Council Regulation no 617/2007 outline <strong>the</strong> applicable procedures, task<br />
division and decision-making process. In general, this process is jointly undertaken by <strong>the</strong> African<br />
Union and <strong>the</strong> <strong>European</strong> Union. Both Commissions play a driving role but both African and, in<br />
<strong>part</strong>icular, <strong>European</strong> Member States are involved. The second phase concerns <strong>the</strong> actual financing<br />
decisions taken by <strong>the</strong> <strong>European</strong> Commission. These financing decisions provide <strong>the</strong> legal basis for<br />
<strong>the</strong> funding <strong>of</strong> individual APF actions. No agreement may be concluded without prior adoption <strong>of</strong> a<br />
financing decision on <strong>the</strong> basis <strong>of</strong> an action fiche, a detailed budget and timeframe for implementation.<br />
The administrative procedure for adopting financing decisions has a paramount influence over <strong>the</strong><br />
necessary time for completing <strong>the</strong> approval process. This phase also includes <strong>the</strong> selection <strong>of</strong> aid<br />
modalities. The actual implementation and management <strong>of</strong> individual contracts are outside <strong>the</strong> scope<br />
<strong>of</strong> this <strong>evaluation</strong> as effectiveness, results and impact are to be assessed in <strong>the</strong> second phase <strong>of</strong> <strong>the</strong><br />
APF <strong>evaluation</strong>.<br />
The APF financing decision-making process is governed by <strong>the</strong> Regulations and internal rules <strong>of</strong> <strong>the</strong><br />
<strong>European</strong> Commission, 10 th EDF rules and procedures, and <strong>the</strong> <strong>European</strong> Commission financing<br />
decision on <strong>the</strong> 2008-2010 APF Action Programme 2008-2010 (10 th EDF - Appendixes I and II).<br />
III.1 OVERVIEW OF THE APF DECISION-MAKING PROCEDURES<br />
III.1.1<br />
DECISION-MAKING PROCEDURES APPLYING TO APF PROGRAMMING OF THE<br />
ACTION PLAN<br />
Article 12 <strong>of</strong> <strong>the</strong> Council Regulation No 617/2007 <strong>of</strong> 14 May 2007 covering implementation <strong>of</strong> <strong>the</strong> 10 th<br />
EDF (2008-2013) lays down <strong>the</strong> decision-making procedures for <strong>the</strong> programming <strong>of</strong> <strong>the</strong> APF Action<br />
Plan (2008-2010). It is specified that:<br />
Upon request from <strong>the</strong> African Union, endorsed by <strong>the</strong> ACP EC Committee <strong>of</strong> Ambassadors, an action<br />
programme shall be prepared by <strong>the</strong> Commission. This action programme shall, inter alia, specify <strong>the</strong><br />
objectives pursued, <strong>the</strong> scope and nature <strong>of</strong> <strong>the</strong> possible interventions, <strong>the</strong> implementation<br />
arrangements, and an agreed format for background documents and requests and for reporting. An<br />
annex to <strong>the</strong> action programme shall describe <strong>the</strong> specific decision making procedures for each<br />
possible intervention according to its nature, size and urgency.<br />
Moreover, this action programme, including <strong>the</strong> annex and any changes <strong>the</strong>reto shall be discussed by<br />
<strong>the</strong> relevant preparatory Council working groups and <strong>the</strong> Political and Security Committee and<br />
approved by Coreper by qualified majority as defined in Article 8(3) <strong>of</strong> <strong>the</strong> Internal Agreement before<br />
being adopted by <strong>the</strong> Commission in accordance with <strong>the</strong> management procedure set out in Article<br />
11(3) <strong>of</strong> <strong>the</strong> Council Regulation.<br />
The action programme, excluding <strong>the</strong> annex referred to in point (a), shall be <strong>the</strong> basis for <strong>the</strong> financing<br />
agreement to be concluded between <strong>the</strong> Commission and <strong>the</strong> African Union.<br />
Page 19 <strong>of</strong> 49
III.1.2<br />
DECISION-MAKING PROCEDURES APPLYING TO APF FINANCIAL DECISIONS<br />
a. Initiative and decision-making<br />
1. AU/REC prepare and send <strong>the</strong> <strong>of</strong>ficial financial request.<br />
2. DEVCO prepares <strong>the</strong> “informative note” for <strong>the</strong> Council.<br />
3. AWG studies <strong>the</strong> request.<br />
4. PSC gives “political appropriateness”.<br />
5. DEVCO launches <strong>the</strong> Commission Decision procedure.<br />
GENERAL PROCESS:<br />
The AU/RECs send a request. Upon reception <strong>of</strong> <strong>the</strong> request, <strong>the</strong> Commission elaborates an<br />
‘information note’ including an assessment. The Commission evaluates whe<strong>the</strong>r an APF intervention<br />
is urgent. The information note is circulated and discussed in <strong>the</strong> relevant Council working groups. Any<br />
request above €10m must have <strong>the</strong> approval <strong>of</strong> <strong>the</strong> PSC on political appropriateness. If a blocking<br />
minority within <strong>the</strong> Council opposes <strong>the</strong> <strong>evaluation</strong> made by <strong>the</strong> Commission on <strong>the</strong> urgency <strong>of</strong> <strong>the</strong><br />
intervention - as defined in article 8 <strong>of</strong> <strong>the</strong> Internal Agreement, - within 5 working days in <strong>the</strong> case <strong>of</strong> a<br />
proposed standard procedure or 3 working days in <strong>the</strong> case <strong>of</strong> a proposed accelerate procedure after<br />
<strong>the</strong> distribution <strong>of</strong> <strong>the</strong> information note, <strong>the</strong> Council can propose a change in procedure.<br />
i. Standard procedure for non-urgent interventions. There is no fixed delay to obtain <strong>the</strong><br />
approval on political appropriateness by <strong>the</strong> PSC, except for ‘small’ operations (up to €10m)<br />
where <strong>the</strong> PSC has minimum 10 working days for consultation process.<br />
ii.<br />
Accelerated procedure for urgent interventions. The Commission will request <strong>the</strong> PSC to<br />
approve <strong>the</strong> political appropriateness as soon as possible. If <strong>the</strong> APF cannot be included in<br />
<strong>the</strong> PSC agenda within 5 working days after circulation <strong>of</strong> <strong>the</strong> information note, <strong>the</strong><br />
Commission may request <strong>the</strong> PSC’s political appropriateness by written procedure with a<br />
maximum deadline <strong>of</strong> 5 working days after <strong>the</strong> information note has been distributed.<br />
These two decision-making procedures apply for African-led Peace Support Operations (PSOs) and<br />
for actions related to <strong>the</strong> operationalisation <strong>of</strong> APSA and Africa-EU dialogue.<br />
PRACTICE<br />
1) Preparation <strong>of</strong> <strong>the</strong> request.<br />
Each APF request must be submitted and endorsed by <strong>the</strong> AU. Unless <strong>the</strong>re is a political obstacle to<br />
overcome, it takes around one month to prepare <strong>the</strong> request, including an extensive exchange<br />
between <strong>the</strong> AU/REC and DEVCO-EU concerned delegation. In order to speed up <strong>the</strong> process and<br />
improve requests, a DEVCO mission travelled twice to Africa in October 2010 to help draft <strong>the</strong><br />
MICOPAX 1C and AMISOM V AU/REC requests for funding respectively. According to most people<br />
involved, DEVCO’s early and direct involvement in <strong>the</strong> preparation <strong>of</strong> a request is essential.<br />
2) Preparation <strong>of</strong> <strong>the</strong> “information note” for <strong>the</strong> Council.<br />
The information note (around 6 pages) is drafted by EEAS using <strong>the</strong> information provided by DEVCO<br />
on budget and implementation. The note states why it is advisable for <strong>the</strong> EU to support <strong>the</strong> APF<br />
action, and justifies its political appropriateness. It is sent 5 days prior to <strong>the</strong> Council meeting, so that<br />
EU Member State representatives can report to <strong>the</strong>ir capitals. Good coordination and communication<br />
between EEAS and DEVCO are important in producing <strong>the</strong> information note.<br />
Page 20 <strong>of</strong> 49
3) “Political appropriateness” by <strong>the</strong> Council.<br />
PSC intervention in <strong>the</strong> APF decision-making procedures is crucial and reflects its real nature:<br />
Council political views conjoin with <strong>the</strong> Commission’s expertise in development and conflict<br />
management/prevention. Although EC legislation makes no reference to <strong>the</strong> intervention <strong>of</strong> AWG, this<br />
preparatory working group is also consulted so that any doubts may be discussed and resolved before<br />
<strong>the</strong> proposal reaches <strong>the</strong> PSC, at <strong>the</strong> highest diplomatic level. The AWG meeting starts with a brief<br />
presentation made by EEAS, but <strong>the</strong> presence <strong>of</strong> DEVCO is also important to provide an immediate<br />
answer to any technical question from Member States. Most frequent questions relate to technicalities<br />
such as budget lines, possible overlapping, or <strong>the</strong> future need for replenishment <strong>of</strong> APF funds. In fact,<br />
as all <strong>the</strong> issues are resolved at AWG, <strong>the</strong> APF item in PSC agenda <strong>of</strong>ten becomes a procedural<br />
matter, in <strong>part</strong>icular when <strong>the</strong> Commission has been involved from <strong>the</strong> onset <strong>of</strong> <strong>the</strong> identification and<br />
formulation <strong>of</strong> a specific programme. Within <strong>the</strong> time period under consideration, <strong>the</strong>re has never been<br />
any refusal or even problem raised at PSC level, although it occurred that PSC applied a ‘scrutiny<br />
reserve’ delaying its decision, more for domestic/internal coordination reasons than for <strong>the</strong> substance<br />
<strong>of</strong> <strong>the</strong> action. Upcoming PSOs such as AMISOM V and MICOPAX 1C are backed by <strong>the</strong>ir respective<br />
UNSC resolutions 1964(2010) and 1923(2010). Although APF regulations establish that decisionmaking<br />
should “be flexible enough to go ahead with funding while in <strong>the</strong> process <strong>of</strong> UN endorsement”,<br />
in practice, this situation has never happened. The shortest time to pass through <strong>the</strong> political<br />
appropriateness requirement is 10 days, which was <strong>the</strong> time taken for AMISOM IV.<br />
4) Preparation <strong>of</strong> <strong>the</strong> Commission Decision ‘dossier´ for <strong>the</strong> APF financial decision.<br />
DEVCO prepares <strong>the</strong> ‘dossier’, a very precise document (8-10 pages) containing all <strong>the</strong> necessary<br />
documents to take an EC decision, which <strong>the</strong>n goes to <strong>the</strong> Coordination Unit C3 for inter-service<br />
consultation. The dossier contains: <strong>the</strong> ‘explanatory note’ that guides <strong>the</strong> readers through <strong>the</strong> dossier,<br />
a draft text for <strong>the</strong> EC decision, a memo to <strong>the</strong> College <strong>of</strong> Commissioners and an annex which<br />
contains <strong>the</strong> ‘action fiche’ presenting <strong>the</strong> detailed action, modalities, budget and calendar. DEVCO<br />
financial/contracts Section C5 is consulted on <strong>the</strong> preparation <strong>of</strong> <strong>the</strong> dossier, especially to check <strong>the</strong><br />
implementation procedure because <strong>of</strong> <strong>the</strong> 4-pillar requirements for AU/RECs. The geographical desks,<br />
now under EEAS, are also consulted to ensure that <strong>the</strong>re is no overlapping with o<strong>the</strong>r EC actions.<br />
DEVCO <strong>of</strong>ficials need around 2 weeks to prepare <strong>the</strong> dossier and make great efforts to share with<br />
o<strong>the</strong>r services in order to prepare <strong>the</strong>ir colleagues and avoid problems during <strong>the</strong> inter-service<br />
consultation process. The lead de<strong>part</strong>ment needs be careful not to launch a consultation until <strong>the</strong> file<br />
is complete and all <strong>the</strong> documents are final. Amendments after launching must be an exception.<br />
Fortunately, an Impact Assessment is not mandatory for APF.<br />
5) Visas (signatures) before <strong>the</strong> launch.<br />
After <strong>the</strong> PSC has approved <strong>the</strong> political appropriateness, <strong>the</strong> dossier receives its first visas from<br />
DEVCO: three signatures from <strong>the</strong> operational side (C6), two from <strong>the</strong> financial/contracts section 37<br />
(C5), and <strong>the</strong>n two extra signatures from <strong>the</strong> financial section 38 dealing with decisions and global<br />
commitments. It normally (AMISOM IV) takes 10 days to obtain <strong>the</strong> 6 signatures from DEVCO<br />
sections.<br />
iii. Special procedure, Early Response Mechanism (ERM)<br />
ERM will finance APF interventions that require quick reaction such as: mediation actions by<br />
AU/RECs, preventive diplomacy, fact-finding missions for planning a PSO, and ad hoc or temporary<br />
streng<strong>the</strong>ning <strong>of</strong> those bodies in charge <strong>of</strong> planning a possible PSO.<br />
37 ’Gestion centralisée - Coordination financière - Autorisation financière’<br />
38 ‘Engagements primaires et dérogations’<br />
Page 21 <strong>of</strong> 49
As ERM was included as an appendix to <strong>the</strong> current APF 2008-2010 Action Programme adopted at<br />
<strong>the</strong> same time and is subject to <strong>the</strong> same consultations <strong>of</strong> relevant Council working groups. PSC<br />
approval on political appropriateness is required and it would have been <strong>the</strong> case even if an ERM was<br />
not included, as well as <strong>the</strong> inter-service consultation process: <strong>the</strong>reafter ERM funds are transferred to<br />
<strong>the</strong> AU, <strong>the</strong> specificity being that <strong>the</strong> exact use <strong>of</strong> <strong>the</strong>se funds has not yet been decided. Once a<br />
specific action is approved, ERM funds can be released quickly because <strong>the</strong>y are already in <strong>the</strong> AU<br />
bank in Addis.<br />
Decision process for every specific ERM intervention:<br />
1. AU/REC send an ERM request.<br />
2. DEVCO C6 evaluates <strong>the</strong> request and informs <strong>the</strong> Council.<br />
3. DEVCO C6 authorises <strong>the</strong> use <strong>of</strong> ERM.<br />
The Commission examines and evaluates each request from <strong>the</strong> AU to use ERM: political and<br />
operational aspects including <strong>the</strong> budget. REC requests must have AU endorsement. If <strong>the</strong><br />
Commission considers that <strong>the</strong> request is acceptable, it informs <strong>the</strong> Council and authorises AU to use<br />
<strong>the</strong> ERM fund. The individual initiatives are <strong>the</strong>n decided at <strong>the</strong> level <strong>of</strong> <strong>the</strong> Authorising Officer (<strong>the</strong><br />
ACP Director in <strong>the</strong> COM). DEVCO C6 39 states that <strong>the</strong> decision-making procedure for ERM is very<br />
peculiar because: <strong>the</strong> procedure is very fast (10 days), activities are not long (maximum 6 months)<br />
mainly for mediations, and must respond to an evolving context with a flexible budget. It is an internal<br />
decision by <strong>the</strong> DEVCO C6, with a request <strong>of</strong> political advice from EEAS (before Desks DEV) and<br />
does not require <strong>the</strong> approval <strong>of</strong> DEVCO C5 40 as it was given in advance with <strong>the</strong> original ERM<br />
funding decision.<br />
b. Inter-service consultation (ISC) and adoption by <strong>the</strong> College <strong>of</strong> Commissioners<br />
1. DEVCO verifies <strong>the</strong> dossier and launches <strong>the</strong> decision for ISC.<br />
2. EEAS, Legal Service, SG, DG Budget, ECHO and OLAF are consulted.<br />
3. Translation.<br />
4. Adoption by <strong>the</strong> College.<br />
INTER SERVICE CONSULTATION (ISC)<br />
Through <strong>the</strong> inter-service consultation, <strong>the</strong> lead de<strong>part</strong>ment, DEVCO in this case, seeks <strong>the</strong> formal<br />
opinion <strong>of</strong> all o<strong>the</strong>r DG and services with a legitimate specific interest in <strong>the</strong> substance <strong>of</strong> <strong>the</strong> proposal.<br />
A high quality inter-service consultation (ISC) guarantees <strong>the</strong> transparency 41 that is essential when<br />
drawing up EC decisions, and reflects <strong>the</strong> collective responsibility <strong>of</strong> de<strong>part</strong>ments. Coordination must<br />
take place at <strong>the</strong> earliest possible stage to ensure that inter-service consultations and subsequent<br />
decision-making procedures run smoothly.<br />
Before DEVCO Director sends <strong>the</strong> dossier to ISC, DEVCO C3 first verifies <strong>the</strong> format and quality <strong>of</strong><br />
<strong>the</strong> dossier. Until 2007, APF dossiers were <strong>of</strong>ten prepared in emergency and sometimes contained<br />
mistakes that had to be addressed at a later stage. Therefore, <strong>of</strong>ficials informally discuss with C3<br />
during <strong>the</strong> dossier preparation in order to avoid mistakes. This control requires two visas by <strong>the</strong> C3<br />
heads <strong>of</strong> section and unit, three signatures in total. It takes two days. The de<strong>part</strong>ments identified for<br />
APF decisions are:<br />
39 Within DEVCO, this unit deals with AU and APF operations.<br />
40 It deals with finance, contracts and audits for ACP countries.<br />
41 This is <strong>the</strong> term used in <strong>the</strong> Commission. The <strong>evaluation</strong> has doubts as to whe<strong>the</strong>r this process actually creates<br />
‘transparency’.<br />
Page 22 <strong>of</strong> 49
‣ EEAS, because APF finances <strong>peace</strong> and security activities.<br />
‣ The Legal service, whose agreement is required before initiating written procedures, except<br />
for decisions on standard acts to which it has already agreed in advance (‘repetitive acts’).<br />
‣ The EC Secretariat General, which may commit <strong>the</strong> EC vis-à-vis o<strong>the</strong>r institutions or bodies.<br />
‣ DG budget, because APF has a direct budgetary impact.<br />
‣ ECHO, because <strong>of</strong> <strong>the</strong> connections between APF and humanitarian actions.<br />
‣ OLAF, which must be consulted on proposals concerning areas vulnerable to fraud.<br />
The inter-service consultations take 10 working days if <strong>the</strong> file is less than 20 pages, which is<br />
generally <strong>the</strong> case for APF, o<strong>the</strong>rwise it may take 15 working days, or even three weeks. In case <strong>of</strong><br />
obvious political urgency (and not to make up for administrative delay), EC procedures allow DEVCO<br />
ei<strong>the</strong>r to ask <strong>the</strong> SG for permission to use <strong>the</strong> ‘fast track’ procedure (consultation ending with a<br />
meeting) or launch a shorter consultation. In any case, DEVCO can always proactively contact <strong>the</strong><br />
DGs consulted and ask <strong>the</strong>m to reply quicker.<br />
The ‘fast track’ procedure for inter-service consultations lasts for three days: two to revise <strong>the</strong><br />
documents and one for a special meeting. DEVCO used this procedure for some APF interventions,<br />
such as AMISOM II, MAES and MICOPAX 1A in December 2008 and in 2007 for <strong>the</strong> adoption <strong>of</strong> <strong>the</strong><br />
APF Action Programme 2008-2010.<br />
After <strong>the</strong> inter-service consultation process has ended, <strong>the</strong> dossier comes back to DEVCO and is<br />
revised according to <strong>the</strong> comments made by <strong>the</strong> de<strong>part</strong>ments consulted. This review normally takes<br />
around four days. DEVCO has never had a negative opinion from <strong>the</strong> inter-service consultation during<br />
<strong>the</strong> period analysed in this <strong>evaluation</strong>. The <strong>evaluation</strong> recommends sparing time through a 48-hour or<br />
72-hour no-objection process to replace <strong>the</strong> formal visa system. This would modernise and speed-up<br />
<strong>the</strong> ISC, which is mainly about information sharing. There would still be <strong>the</strong> possibility to object, and a<br />
meeting could be called in case a decision needed fur<strong>the</strong>r debate.<br />
TRANSLATION<br />
The ‘dossier’ is sent for translation into <strong>the</strong> three Commission working languages: it takes 5 to 10<br />
working days, depending on <strong>the</strong> length <strong>of</strong> <strong>the</strong> text. The backlog <strong>of</strong> work or holiday periods may delay<br />
translation. When <strong>the</strong> translations are finished, <strong>the</strong> dossier is encoded in <strong>the</strong> system and C3 head <strong>of</strong><br />
unit signs. Then, <strong>the</strong> dossier goes back to DEVCO, where <strong>the</strong> Assistant Director (one day) and <strong>the</strong><br />
Director (two days) sign and send it to <strong>the</strong> College <strong>of</strong> Commissioners for adoption.<br />
ADOPTION BY THE COLLEGE OF COMMISSIONERS<br />
During <strong>the</strong> period analysed in this <strong>evaluation</strong>, APF decisions were adopted by making use <strong>of</strong> <strong>the</strong><br />
‘written procedure’. The Commissioner for Development receives <strong>the</strong> dossier and gives his/her<br />
agreement. As described above for o<strong>the</strong>r stages, C6 <strong>of</strong>ficials informally discuss with <strong>the</strong> cabinet in<br />
advance to prevent any unforeseen problem, which takes three days. Then, <strong>the</strong> Secretariat General<br />
has three days to check <strong>the</strong> dossier again, before launching <strong>the</strong> written procedure with <strong>the</strong> members<br />
<strong>of</strong> <strong>the</strong> College <strong>of</strong> Commissioners: <strong>the</strong>y have five working days to oppose <strong>the</strong> APF decision, o<strong>the</strong>rwise<br />
it is adopted. The President <strong>of</strong> <strong>the</strong> Commission may decide, for special urgent matters, to use an<br />
accelerated procedure, in which case <strong>the</strong> written procedure is limited to 1 to 3 days, but this possibility<br />
has never been used for APF decisions.<br />
The adopted APF decision goes back to DEVCO, where <strong>the</strong> contribution agreement or grant contract<br />
with AU may be signed.<br />
Page 23 <strong>of</strong> 49
III.1.3<br />
CONTRIBUTION AND GRANT AGREEMENTS<br />
1. The College <strong>of</strong> Commissioners adopts <strong>the</strong> financing decision.<br />
2. DEVCO prepares <strong>the</strong> contract to deliver <strong>the</strong> APF funding to AU/RECs.<br />
3. DEVCO Director signs <strong>the</strong> contract with AU/RECs.<br />
The success and failures <strong>of</strong> <strong>the</strong> APF very much depends on <strong>the</strong> structures and operational capacities<br />
<strong>of</strong> AU/RECs as <strong>the</strong>se organisations have been <strong>the</strong> only beneficiaries <strong>of</strong> direct APF funding.<br />
At an overall level, <strong>the</strong> EU has attached very few conditions to <strong>the</strong> APF. As a general rule, all requests<br />
should be agreed upon by <strong>the</strong> AU for use in operations approved by <strong>the</strong> AU PSC; and all PSOs should<br />
have UN approval <strong>of</strong> some form. Later practice has shown that <strong>the</strong> EU may have underestimated<br />
administrative and managerial deficiencies within AU/RECs, and <strong>the</strong>ir effects on APF implementation.<br />
That said, <strong>the</strong> general EDF regulations and internal control requirements are directly applicable to<br />
AU/RECs in <strong>the</strong> context <strong>of</strong> <strong>the</strong> APF framework, and <strong>the</strong>y are designed to provide reasonable<br />
assurance on <strong>the</strong> achievement <strong>of</strong> <strong>the</strong> following objectives:<br />
a) Effectiveness, efficiency and economy <strong>of</strong> operations;<br />
b) Reliability <strong>of</strong> reporting;<br />
c) Safeguarding <strong>of</strong> assets and information;<br />
d) Prevention and detection <strong>of</strong> fraud and irregularities;<br />
e) Adequate management <strong>of</strong> <strong>the</strong> risks relating to <strong>the</strong> legality and regularity <strong>of</strong> <strong>the</strong> underlying<br />
transactions, taking into account <strong>the</strong> multiannual character <strong>of</strong> programmes as well as <strong>the</strong><br />
nature <strong>of</strong> <strong>the</strong> payments concerned.<br />
These requirements apply to <strong>the</strong> various types <strong>of</strong> aid modalities used by <strong>the</strong> Commission.<br />
According to APF regulations, APF funding is delivered through <strong>the</strong> following aid modalities:<br />
i. Contribution Agreements require that international organisations receiving finance under joint<br />
management should <strong>of</strong>fer guarantees equivalent to internationally accepted standards relating<br />
to accounting, audit, internal control and procurement procedures, <strong>the</strong> so-called ‘four-pillar’<br />
requirements. A standard Contribution Agreement must be used as a model.<br />
ii.<br />
iii.<br />
Grant Contracts are implemented under <strong>the</strong> centralised management <strong>of</strong> DEVCO. A standard<br />
Grant Agreement must be used as a model.<br />
Service Contracts are used only for <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> technical assistance.<br />
Once a financing decision has been adopted, <strong>the</strong> contract for <strong>the</strong> APF intervention in question can be<br />
signed and <strong>part</strong> <strong>of</strong> <strong>the</strong> funds subsequently transferred. Normally <strong>the</strong>re is not much delay between <strong>the</strong><br />
financing decision and <strong>the</strong> date <strong>of</strong> <strong>the</strong> contract: while <strong>the</strong> draft APF decision is going through <strong>the</strong><br />
decision-making process, DEVCO, C6 and C5 prepare <strong>the</strong> contract that will follow, clarifying<br />
derogations, descriptions <strong>of</strong> actions, specific budgets, financial identification (each contract needs a<br />
different bank account: <strong>the</strong> AU must have a bank account validated by <strong>the</strong> EC and <strong>the</strong> request for<br />
payment in accordance with <strong>the</strong> contract (formal letter from AU). This process seeks to anticipate and<br />
solve all problems. The funding provided through APF to AU/RECs finances 100% <strong>of</strong> <strong>the</strong> activities that<br />
it covers: co-funding is not required.<br />
It should be noted that an APF Contribution Agreement between <strong>the</strong> Commission and AU/RECs<br />
contains general clauses applied by <strong>the</strong> Commission to every international organisation receiving<br />
funding. In Article 7, Contribution Agreements refer to ‘o<strong>the</strong>r specific conditions applying to <strong>the</strong> action’<br />
(derogations and o<strong>the</strong>r specific conditions), which are essential for <strong>the</strong> implementation <strong>of</strong> APF. These<br />
clauses are already cited in <strong>the</strong> EC decision supporting <strong>the</strong> Contribution Agreement.<br />
Page 24 <strong>of</strong> 49
The need to respond quickly to <strong>peace</strong> and security challenges has forced APF <strong>of</strong>ficials in DEVCO to<br />
find solutions to make up for lengthy decision-making procedures: retroactivity and <strong>the</strong> reallocation <strong>of</strong><br />
funds from previous APF actions have been introduced with this objective, in line with <strong>the</strong> legal rules<br />
(article 19) <strong>of</strong> <strong>the</strong> Cotonou Agreement.<br />
PRACTICE<br />
In principle, APF regulations have a relatively flexible approach, as <strong>the</strong>y do not impose <strong>the</strong> use <strong>of</strong><br />
specific implementation modalities. The EC has to decide which aid modality is more suitable for APF<br />
action, taking into account <strong>the</strong> situation within AU/RECS. In a sense, <strong>the</strong> most realistic process would<br />
have been for all APF funding to be transferred to AU/RECs through Grant Agreements, until <strong>the</strong>se<br />
institutions were ready from an operational/financial/management perspective. However, it seems that<br />
<strong>the</strong> political willingness to promote African ownership led <strong>the</strong> Commission not to insist on <strong>the</strong> need for<br />
<strong>the</strong>se organisations to prove that <strong>the</strong>y could meet minimum conditions regarding sound administration<br />
for implementing Contribution Agreements. This dynamic interpretation and <strong>the</strong> corresponding<br />
integrated approach to capacity development are <strong>part</strong> <strong>of</strong> <strong>the</strong> Commission’s overall approach to<br />
development, including <strong>the</strong> use <strong>of</strong> EU budget support in developing countries. This approach is<br />
commended by <strong>the</strong> <strong>evaluation</strong>, as it would o<strong>the</strong>rwise be difficult for African countries and organisations<br />
to ever build a sustainable capacity to deal with <strong>peace</strong> and security. That said, it is very important that<br />
<strong>the</strong> Commission fully understands and appreciates <strong>the</strong> risks involved and that appropriate risk<br />
management strategies are used including risk aversion measures such as targeted capacity building,<br />
oversight and political dialogue.<br />
Audits soon started to prove problematic, and DEVCO was laudably creative in finding solutions to<br />
keep <strong>the</strong> APF on track, without damaging expectations already created among AU and RECs<br />
concerning <strong>the</strong>ir ownerships. Progress has been made by <strong>the</strong> AUC in improving its internal controls<br />
and procedures; <strong>the</strong> 4-pillar standard may well be accorded in 2011. The same may not be true for<br />
every REC except COMESA. Without <strong>the</strong> active intervention <strong>of</strong> EU delegations, it seems very difficult<br />
for APF in Brussels to effectively support <strong>the</strong> RECs. So at least <strong>the</strong> monitoring <strong>of</strong> specific REC<br />
components (not PSOs) could be better managed by EU Delegations who have <strong>the</strong> necessary<br />
expertise.<br />
APF regulations demand that ‘joint lessons learned exercises on APF implementation be held<br />
systematically’ 42 , so that outcomes can be discussed in relevant fora, in <strong>part</strong>icular at <strong>the</strong> APF Joint<br />
Coordination Committee; and recommendations followed. However, since 2007 in Djibouti, such an<br />
exercise has never taken place. According to DEVCO C5 in Brussels, this issue has been extensively<br />
discussed in every capacity-building APF steering committee meeting. This is regrettable: <strong>the</strong>se formal<br />
exercises provide a good opportunity to discuss <strong>the</strong> problems related to APF implementation more<br />
deeply and in a more detailed manner. Instead, DEVCO has to deal with problems on a case-by-case<br />
basis.<br />
BUDGETS AND THEIR AMENDMENT<br />
Requests by AU/RECs to transfer a certain amount between budget headings may be acceptable,<br />
provided <strong>the</strong>y do not request new activities. DEVCO analyses whe<strong>the</strong>r <strong>the</strong>se requests are coherent,<br />
feasible and acceptable. If accepted, an addendum to <strong>the</strong> contract (grant or contribution agreement)<br />
is established and signed by both <strong>part</strong>ies. As long as <strong>the</strong> modifications requested by <strong>the</strong> AU/RECs are<br />
non substantial, <strong>the</strong>re is no intervention from <strong>the</strong> political side - <strong>the</strong> Council (AWG/PSC) - as <strong>the</strong><br />
change in <strong>the</strong> contract does not affect <strong>the</strong> supporting EC decision: it is just an operational issue and<br />
shows good flexibility in EDF/APF. These “riders” were used for AMISOM on several occasions to<br />
42 Three-year Action Programme for APF 2008-2010 (10th EDF), point 6.5 on lessons learned.<br />
Page 25 <strong>of</strong> 49
modify, for instance, <strong>the</strong> duration contribution agreements. This element can be modified (e.g.<br />
extended) without modifying <strong>the</strong> Commission decision, as it is not considered to be a substantial<br />
modification affecting <strong>the</strong> objectives and contents <strong>of</strong> <strong>the</strong> action.<br />
If <strong>the</strong> amendment requested is considered substantial, <strong>the</strong> relevant EC decision must be modified<br />
before amending <strong>the</strong> relevant contract. Amending a contribution agreement already in force to change<br />
i.e. its overall funding would require <strong>the</strong> same time consuming decision-making procedure as when<br />
establishing a new contribution agreement, as modifying an EC decision takes as long as adopting a<br />
new one.<br />
RETRO-ACTIVITY<br />
The clause on retroactivity included in all APF agreements is very important, because <strong>of</strong> <strong>the</strong> lengthy<br />
EC decision-making process. AU/RECs can pre-finance <strong>the</strong>ir on-going activities related to PSOs or<br />
capacity building, provided that expenditures take place after <strong>the</strong> <strong>of</strong>ficial request date from AU/RECS<br />
to <strong>the</strong> EU. As AU/RECs are <strong>of</strong>ten not able to pre-finance <strong>the</strong>ir APF activities with <strong>the</strong>ir own funds, <strong>the</strong>y<br />
are forced to reallocate <strong>the</strong> budget <strong>of</strong> <strong>the</strong> previous Contribution Agreement, or make ‘borrow-andswitch’<br />
arrangements between accounts..<br />
CONTINGENCIES<br />
As regards <strong>the</strong> use <strong>of</strong> contingencies, APF regulations clearly establish that <strong>the</strong>ir use is not considered<br />
as an amendment <strong>of</strong> <strong>the</strong> financing decision, as long as it does not entail a change in <strong>the</strong> nature <strong>of</strong> <strong>the</strong><br />
activities originally proposed. Contingencies have been used as a complement to an ongoing APFfunded<br />
intervention, with a DEVCO decision following an AU/REC request. This provision has not<br />
caused any problem, but it may be quite important to take into consideration <strong>the</strong> nature <strong>of</strong> PSOs.<br />
70% ACCOUNTABILITY<br />
One <strong>of</strong> <strong>the</strong> complaints made by AU and RECs regarding <strong>the</strong> Capacity Building Programme under <strong>the</strong><br />
9 th EDF APF is <strong>the</strong> EC requirement that when <strong>the</strong>y have collectively spent 70% <strong>of</strong> <strong>the</strong> budget, <strong>the</strong> AUC<br />
and all (6) RECs involved must <strong>the</strong>n justify expenditures (with <strong>the</strong> relevant documentation) in order to<br />
receive <strong>the</strong> remaining 30%. The <strong>evaluation</strong> considers <strong>the</strong> 70% accountability rule perfectly justified;<br />
<strong>the</strong>re is no reason for <strong>the</strong> accounting de<strong>part</strong>ments <strong>of</strong> AU and RECs not to be able to comply with it.<br />
However, problems occurred because <strong>the</strong> rule applied to all <strong>the</strong> involved organisations, which meant<br />
that <strong>the</strong> best performers were held back by <strong>the</strong> weakest link. This caused many additional challenges<br />
for certain RECs and caused unnecessary frictions. In <strong>the</strong> future, <strong>the</strong> EU should apply <strong>the</strong> rule to<br />
individual organisations or require that <strong>the</strong> AUC does not disburse all <strong>the</strong> resources to individual<br />
RECs, but holds back a reserve that allows <strong>the</strong> good performers to move forward even if o<strong>the</strong>r RECs<br />
do not deliver.<br />
PERIODIC AUDITS<br />
Ano<strong>the</strong>r important clause in APF contracts refers to <strong>the</strong> need for periodic audits, as <strong>the</strong>ir results have<br />
a direct impact on <strong>the</strong> ongoing funding to AU/RECs and on future contracts because <strong>of</strong> <strong>the</strong> recovery<br />
requirements. As for any o<strong>the</strong>r EC programme, when an audit identifies problems in <strong>the</strong> management<br />
<strong>of</strong> EC funds, <strong>the</strong> funded organisation must respond within two weeks. The experience with AU/RECs<br />
as regards audits has not always been positive: <strong>the</strong>y seldom respond in time, or provide auditors with<br />
inadequate documentation. Some Commission <strong>of</strong>ficials report that <strong>the</strong>se organisations even needed<br />
technical assistance to deal with audits. On <strong>the</strong> o<strong>the</strong>r hand, it is admitted that AUC has made<br />
considerable progress during 2010 in terms <strong>of</strong> financial and reporting procedures.<br />
Page 26 <strong>of</strong> 49
APF MANAGEMENT AND ACCOUNTING<br />
In 2005, when APF started, it was assessed that AU/RECs met <strong>the</strong> four-pillar requirement to sign<br />
contribution agreements with <strong>the</strong> Commission. Later audits, on AMIS and MICOPAX first mission,<br />
disclosed a serious lack <strong>of</strong> sound management in both operations. As a solution, DEVCO Director<br />
General and AUC Deputy Chairperson reached an agreement in August 2009 on measures to<br />
streng<strong>the</strong>n AUC financial management, including precautionary measure to ensure tighter financial<br />
control over expenditures to keep on funding AMISOM. In <strong>the</strong> case <strong>of</strong> MICOPAX, even before ECCAS<br />
has undergone such an institutional assessments, <strong>the</strong> French military accepted to assume financial<br />
management <strong>of</strong> <strong>the</strong> operation through a special body in <strong>the</strong> field (CAF), and APF funding started to<br />
come through a Grant Agreement. Currently, an institutional assessment <strong>of</strong> AU is still going on and its<br />
<strong>of</strong>ficial results have not yet been made public. In 2011, ECCAS will also undergo an institutional<br />
assessment <strong>of</strong> its standards in accounting, audit, control and procurement procedures.<br />
To <strong>the</strong> Commission, it is clear that <strong>the</strong> African organisations should comply with <strong>the</strong> minimum<br />
conditions for implementing contribution agreements, as <strong>the</strong>y are bound to <strong>the</strong> financing regulations <strong>of</strong><br />
<strong>the</strong> EDF and good international practices. According to DEVCO, over <strong>the</strong> past few years, <strong>the</strong><br />
discussion on how to address <strong>the</strong> transition - <strong>the</strong> necessary time for <strong>the</strong> AUC to pass a positive 4-pillar<br />
review, foreseen for 2011 – was that, as a general rule, no new contribution agreement in joint<br />
management could be signed, except for AMISOM (currently IV and V) and, possibly, <strong>the</strong> APSA<br />
support (€40m, currently in <strong>the</strong> decision-making circuit). For AMISOM this is justified by <strong>the</strong> fact that<br />
<strong>the</strong> AUC accepted to incorporate into <strong>the</strong> contribution agreement, precautionary measures from <strong>the</strong><br />
aide-memoire on measures to streng<strong>the</strong>n AUC financial management + on <strong>the</strong> basis <strong>of</strong> a financial<br />
management risk analysis conducted by DEVCO and approved by <strong>the</strong> Director General (based on<br />
constant financial monitoring and positive audit results). In this sense, it should be noted that AMISOM<br />
V clearly states that: "<strong>the</strong> management system set up by <strong>the</strong> African Union Commission (AUC) for <strong>the</strong><br />
management <strong>of</strong> EU funds does not fully comply at <strong>the</strong> moment with all <strong>the</strong> conditions set out in Article<br />
29 <strong>of</strong> <strong>the</strong> Financial Regulation applicable to <strong>the</strong> 10th EDF. The Commission considers however that a<br />
contribution agreement in joint management may still be established under <strong>the</strong> strict conditions agreed<br />
in <strong>the</strong> joint <strong>European</strong> Commission/African Union Commission Aide-Memoire to streng<strong>the</strong>n AU financial<br />
management signed on 27 August 2009 and its revisions. These conditions were integrated in <strong>the</strong><br />
contribution agreement".<br />
III.1.4<br />
APPRECIATION OF APF DECISION-MAKING AND TIMING<br />
APF decisions do not take longer than any o<strong>the</strong>r EC EDF decisions, although <strong>the</strong> current APF<br />
decision-making procedures are quite lengthy. At best, it takes around two months to obtain an EC<br />
decision (AMISOM IV). These procedures are not well adapted to <strong>the</strong> needs <strong>of</strong> AUC/RECs’ support<br />
for maintaining <strong>peace</strong> and security in Africa. In <strong>peace</strong> operations, decisions <strong>of</strong>ten need to be fast and<br />
effective both from <strong>the</strong> managerial and financial perspectives; lives may be in danger, many risks are<br />
at stake. Never<strong>the</strong>less, APF decision-making procedures are not an exception within <strong>the</strong> EC legal<br />
framework. O<strong>the</strong>r EC financial instruments also have to go through <strong>the</strong> same general procedures,<br />
despite <strong>the</strong>ir possible urgency: except for <strong>the</strong> ECHO and IfS procedures, discussed below.<br />
IMPORTANCE OF STAFF COMMITMENT<br />
Never<strong>the</strong>less, as APF actions are <strong>of</strong>ten urgent and because so many visas are required for a decision<br />
to be adopted, DEVCO <strong>of</strong>ficials have to maintain a very active, informal, personal approach to <strong>the</strong>ir<br />
relations with o<strong>the</strong>r units, at every stage <strong>of</strong> <strong>the</strong> procedure, in order for <strong>the</strong>ir funding requests to<br />
proceed rapidly through <strong>the</strong> EC bureaucracy. This permanent, personal approach is demanding as<br />
well as time consuming and may not be sustainable. The fact is that <strong>the</strong> success <strong>of</strong> APF depends on<br />
<strong>the</strong> current hard working C6 and C5 staff, committed to <strong>the</strong> ideals <strong>of</strong> African <strong>peace</strong> and personally<br />
Page 27 <strong>of</strong> 49
involved in avoiding <strong>the</strong> fatal consequences <strong>of</strong> any delay in <strong>the</strong> field. Such staff dedication cannot be<br />
permanently guaranteed and does not constitute a sound basis in a long-term management<br />
perspective. The situation is <strong>of</strong> course different when APF decisions refer to CB, where <strong>the</strong>re is less<br />
urgency.<br />
Fur<strong>the</strong>rmore, <strong>the</strong> time spent preparing <strong>the</strong> <strong>of</strong>ficial APF request by AU/RECs has to be added to <strong>the</strong><br />
two months minimum required for <strong>the</strong> EC decision-making procedures. In <strong>the</strong> case <strong>of</strong> AMISOM IV or<br />
MICOPAX 1C, it took from three to four weeks to complete <strong>the</strong> necessary informal dialogue with all <strong>the</strong><br />
<strong>part</strong>ners and estimate a reliable budget in accordance with APF requirements.<br />
In <strong>the</strong> case <strong>of</strong> an APF request from a REC – e.g. <strong>the</strong> ECCAS request for APF funding for MICOPAX<br />
1C - we should add <strong>the</strong> time from when <strong>the</strong> request is sent to AU for endorsement. Although <strong>the</strong>re has<br />
never been an AU refusal, it always takes time: in <strong>the</strong> case <strong>of</strong> MICOPAX 1C, it took eleven days. AU<br />
endorsement is almost automatic: three days would be a more reasonable period for <strong>the</strong> AU, since <strong>the</strong><br />
political decision has presumably already been taken. In <strong>the</strong> case <strong>of</strong> MICOPAX, those eleven days for<br />
<strong>the</strong> <strong>of</strong>ficial AU endorsement were used by DEVCO C6 to prepare all <strong>the</strong> necessary documents for<br />
AWG at <strong>the</strong> Council.<br />
Peacekeeping missions are complex and <strong>the</strong>ir military component makes <strong>the</strong>m quite <strong>part</strong>icular in<br />
terms <strong>of</strong> budgeting and programming. The preparation <strong>of</strong> all <strong>the</strong> APF documentation necessary for <strong>the</strong><br />
decision-making process, at <strong>the</strong> Council and in relation with <strong>the</strong> o<strong>the</strong>r Commission de<strong>part</strong>ments<br />
involved, is difficult and time consuming. This <strong>part</strong>icularity <strong>of</strong> APF action requires military expertise.<br />
For <strong>the</strong> time being, C6 is fortunate to have a military <strong>of</strong>ficer working with <strong>the</strong>m, seconded by France,<br />
whose work and contribution at every stage is essential, both for <strong>the</strong> preparation <strong>of</strong> <strong>the</strong> AU/RECs<br />
request and for passing through <strong>the</strong> APF decision-making procedure.<br />
The following example does highlight <strong>the</strong> heaviness <strong>of</strong> Commission decision-making procedures and<br />
<strong>the</strong>ir unforeseeable effects: two AU/REC requests for PSOs were presented in December 2010: at<br />
end <strong>of</strong> February 2011, AMISOM V and MICOPAX 1C financing decisions were still going through<br />
inter-service consultation (AMISOM V is going faster than MICOPAX 1C). According to DEVCO C6,<br />
<strong>the</strong> main reason for <strong>the</strong> delay is <strong>the</strong> very long list <strong>of</strong> people that have to approve and append <strong>the</strong>ir<br />
visas to <strong>the</strong> dossier. APF is not helped by <strong>the</strong> fact that it is poorly understood by Commission services.<br />
APF is considered ‘peculiar’. As compared to 2010 requests, <strong>the</strong> current APF requests contain higher<br />
budgets and a new line for capacity building. On <strong>the</strong> o<strong>the</strong>r hand, C6 <strong>of</strong>ficials did not receive any<br />
request for clarification related to <strong>the</strong>se requests that would explain <strong>the</strong> delays, nor have <strong>the</strong>y been<br />
informed <strong>of</strong> any problem raised by o<strong>the</strong>r Commission services.<br />
III.2 RECOMMENDATIONS REGARDING THE APF DECISION MAKING PROCEDURES<br />
III.2.1<br />
REGARDING THE APF PROGRAMMING OF ACTION PLAN:<br />
The Action Programme thus established <strong>the</strong> framework for <strong>the</strong> financing agreement and individual<br />
contracts or agreements (i.e. contribution agreements, grant agreements or services contracts).<br />
Flexibility and adaptability to allow effective implementation, value for money and sustainable results<br />
are important aspects. In o<strong>the</strong>r words, <strong>the</strong> Three Year 2008-2010 Action Programme <strong>of</strong> <strong>the</strong> African<br />
Peace Facility sets out <strong>the</strong> overall framework <strong>the</strong> <strong>European</strong> Commission must comply when preparing,<br />
adopting and implementing <strong>the</strong> various components <strong>of</strong> <strong>the</strong> APF (PSO, Capacity Building, ERM etc.).<br />
As has been pointed out above:<br />
First, as suggested above, if <strong>the</strong> APF is to be a financing <strong>facility</strong> that can finance all three<br />
objectives <strong>of</strong> <strong>the</strong> JAES PS Action Plan (2011-2013) i.e. political dialogue on <strong>peace</strong> and<br />
security, APSA and PSOs, <strong>the</strong>n it will be necessary to have a standing reserve which can be<br />
activated to deliver quick-wins and flagship initiatives <strong>of</strong> <strong>the</strong> EU and AU/RECs.<br />
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Second, <strong>the</strong> main APF programmes (on PSOs, capacity building and ERM) should be<br />
complemented by specific interventions reflecting <strong>the</strong> evolving <strong>peace</strong> and security <strong>part</strong>nership<br />
as well as allow for direct financing <strong>of</strong> stakeholders outside <strong>the</strong> AUC and REC secretariats.<br />
Third, <strong>the</strong> EU should adopt 6-year Action Plans that correspond to <strong>the</strong> entire period <strong>of</strong> <strong>the</strong><br />
corresponding financial perspective as <strong>of</strong> 2013 when <strong>the</strong> 10 th EDF runs out. Peace and<br />
security in Africa is a long-term process where windows <strong>of</strong> opportunities provide specific<br />
possibilities for supporting leaps forward. The recent experience in North Africa is just one<br />
illustrative example. The APF thus needs a long-term support programme within which<br />
structural support and capacity building as well as targeted and specific initiatives is provided<br />
to PSOs that can move APSA and <strong>the</strong> wider Africa EU <strong>part</strong>nership on <strong>peace</strong> and security<br />
forward.<br />
III.2.2<br />
IMPROVING APF DECISION-MAKING PROCEDURES IN ACCORDANCE WITH THE<br />
CURRENT LEGAL FRAMEWORK<br />
The question now is whe<strong>the</strong>r it would be possible to introduce improvements that might accelerate <strong>the</strong><br />
current process while using <strong>the</strong> current EC legal framework applicable to APF decisions. As a general<br />
comment, it appears that, within <strong>the</strong> current legal framework, changing <strong>the</strong> requirement for a separate<br />
individual decision for every APF intervention is not possible, even though a global financial decision<br />
exists for <strong>the</strong> APF programme 2008-2010.<br />
It seems unfortunate that to continue an activity a full new approval process is required, when <strong>the</strong> sole<br />
change is a time- and a budget extension. This is certainly one area in which procedures could be<br />
made easier and swifter, in line with <strong>the</strong> practices <strong>of</strong> many o<strong>the</strong>r donor organisations.<br />
As regards <strong>the</strong> preparation <strong>of</strong> <strong>the</strong> APF request by AU/REC, this first stage comes under AU/RECs that<br />
use <strong>the</strong>ir own procedures. Here, EC involvement is un<strong>of</strong>ficial, but decisive in practice in order to obtain<br />
an adequate request document prepared with minimum delay. For AMISOM V and MICOPAX 1C,<br />
DEVCO C6 <strong>of</strong>ficials and <strong>the</strong> military advisor travelled to Africa, directly <strong>part</strong>icipated in <strong>the</strong> drafting <strong>of</strong><br />
<strong>the</strong> requests and provided crucial assistance. This suggests that EC involvement is necessary at <strong>the</strong><br />
formulation level and should be formalised as one <strong>part</strong> <strong>of</strong> <strong>the</strong> APF procedure. Ano<strong>the</strong>r question is<br />
whe<strong>the</strong>r this EC involvement is needed because <strong>of</strong> <strong>the</strong> complexity <strong>of</strong> EU procedures, or because <strong>of</strong><br />
managerial deficiencies within AU/RECs. If EU support is required at this stage, should it be provided<br />
by DEVCO from Brussels or by EU Delegation staff who work closely with <strong>the</strong>se organisations in <strong>the</strong>ir<br />
headquarters In any case, for both proposals, <strong>the</strong> presence <strong>of</strong> <strong>peace</strong>keeping expertise seems a very<br />
significant advantage.<br />
The ‘political appropriateness’ requirement is a logical consequence <strong>of</strong> <strong>the</strong> <strong>peace</strong> and security related<br />
nature <strong>of</strong> <strong>the</strong> APF - maintaining <strong>peace</strong> and security in Africa is <strong>part</strong> <strong>of</strong> <strong>the</strong> <strong>European</strong> Foreign and<br />
Security Policy, in line with <strong>the</strong> legal basis <strong>of</strong> <strong>the</strong> Lisbon Treaty. PSOs are politically sensitive, and EU<br />
MS will not relinquish <strong>the</strong>ir right to control <strong>the</strong> political use <strong>of</strong> military force. This step in <strong>the</strong> approval<br />
process is unavoidable when it comes to PSOs. However, <strong>the</strong>re appears to be scope for providing <strong>the</strong><br />
EAAS and <strong>the</strong> Commission with <strong>the</strong> possibility to take decisions regarding <strong>the</strong> o<strong>the</strong>r components <strong>of</strong><br />
<strong>the</strong> APF such as Capacity Building and ERM. Such programmes should not necessarily require prior<br />
PSC approval.<br />
Never<strong>the</strong>less, within <strong>the</strong> Council, two bodies are usually involved, Africa Working Group (AWG) and<br />
Political and Security Committee (PSC). According to <strong>the</strong> current APF regulation, <strong>the</strong> PSC has <strong>the</strong><br />
formal authority to approve <strong>the</strong> “political appropriateness” <strong>of</strong> APF decisions. The justification for<br />
consultation with AWG is to discuss any technical doubt at a lower diplomatic level and recommend to<br />
<strong>the</strong> PSC <strong>the</strong> agreement on political appropriateness without any difficulty. If <strong>the</strong> PSC were to delegate<br />
political approval to <strong>the</strong> AWG, only one EU MS body would be involved in examining <strong>the</strong> APF<br />
Page 29 <strong>of</strong> 49
’information note’ and approving political appropriateness. However, according to EC legal services,<br />
this delegation <strong>of</strong> powers from PSC to AWG would not be legally possible even through a Council<br />
decision.<br />
The latest APF decisions (AMISOM V and MICOPAX 1C) involve no special political sensitivity in<br />
comparison to AMISOM IV and MICOPAX 1B, nor any aspect which would justify double-checking at<br />
a higher diplomatic level; although AMISOM V entailed a mission reinforcement from 8,000 to 12,000<br />
<strong>peace</strong>keepers and <strong>the</strong> approval to use UN allowances for <strong>peace</strong> keepers, which, according to DEVCO<br />
C6, can be considered politically sensitive. While <strong>the</strong> <strong>evaluation</strong> encourages delegation <strong>of</strong><br />
implementation powers (such as <strong>the</strong> norm under <strong>the</strong> EU´s deconcentration policy) to Addis and/or<br />
regional EU delegations, it seems that EU MS are unlikely to agree to delegate political<br />
appropriateness decisions (i.e. financing decisions) outside Brussels. In o<strong>the</strong>r words, centralised<br />
decision-making related to <strong>the</strong> political appropriateness and overall financing decisions should be kept<br />
in Brussels. However, <strong>the</strong> implementing powers for <strong>the</strong> individual contracts and contribution<br />
agreements, in <strong>part</strong>icular for <strong>the</strong> APF components dealing with ERM, capacity building and service<br />
contracts should be deconcentrated to <strong>the</strong> respective EU delegations.<br />
The preparation <strong>of</strong> <strong>the</strong> ‘information note’ and <strong>the</strong> ‘dossier’ for each APF decision is currently done by<br />
DEVCO C6, which works toge<strong>the</strong>r with DEVCO C5 on <strong>the</strong> financial aspects. They actually work very<br />
efficiently, taking advantage <strong>of</strong> <strong>the</strong> assistance provided by <strong>the</strong> military expert. Involving EU delegations<br />
at AU/REC level at this stage would be realistic only if <strong>the</strong>ir PSO experts staff would be available.<br />
Their closeness to AU/RECs would indeed help to collect better information for <strong>the</strong> documents and<br />
develop a better <strong>part</strong>nership EU-AU/RECs as regards APF.<br />
Concerning <strong>the</strong> required signatures for APF decision on a PSO, <strong>the</strong> evaluators consider that <strong>the</strong> two<br />
extra signatures from <strong>the</strong> financial section 43 dealing with decisions and global commitments do not add<br />
value and might be replaced by a Commission Secretary General decision. The ‘four eyes’ principle is<br />
a good one, but when three or four visas are required from <strong>the</strong> same unit, <strong>the</strong> <strong>evaluation</strong> doubts<br />
whe<strong>the</strong>r <strong>the</strong>y add any value.<br />
The process before <strong>the</strong> inter-service consultation to adopt an APF decision is blamed for being too<br />
long. Five de<strong>part</strong>ments are targeted: Legal service, SG, ECHO, DG budget and OLAF. It seems<br />
reasonable to consult with all <strong>of</strong> <strong>the</strong>m in order to provide transparency and collective responsibility.<br />
Never<strong>the</strong>less, a good solution would be that <strong>the</strong> inter-service consultation ‘fast track’ procedure be<br />
normally used with a special meeting involving all de<strong>part</strong>ments. However, this <strong>part</strong>icular procedure is<br />
only allowed when <strong>the</strong> concerned de<strong>part</strong>ment asks a special permission to <strong>the</strong> SG in case <strong>of</strong> a<br />
manifest political urgency. In this regard it should be noted that, for <strong>the</strong> two APF decisions currently<br />
going through inter-service consultation - AMISOM V and MICOPAX 1C, DEVCO did not request this<br />
procedure despite <strong>the</strong> relative urgency <strong>of</strong> <strong>the</strong>se funds for <strong>the</strong> field. It is true that it is very difficult to<br />
justify urgency for every APF decision.<br />
An example <strong>of</strong> <strong>the</strong> lack <strong>of</strong> flexibility in <strong>the</strong> EC legal framework is <strong>the</strong> only current exception to <strong>the</strong><br />
generalised procedure: <strong>the</strong> aid provided by <strong>the</strong> Commission through a special fund for <strong>the</strong> Haitian<br />
government after <strong>the</strong> January 2010 earthquake. All financial decisions 44 related to this fund had a<br />
special five-day inter-service consultation, following a decision taken by SG last year. The SG decision<br />
explicitly states that, ‘It is essential that <strong>the</strong>se decisions are treated in <strong>the</strong> best delays, not only to face<br />
our political commitments but also to make our support start as soon as possible. Consequently,<br />
43 "Engagements primaires et dérogations".<br />
44 Faced to this disaster, <strong>the</strong> <strong>European</strong> Commission set up a fund that aimed at helping <strong>the</strong> recovery <strong>of</strong> Haiti. One<br />
amount <strong>of</strong> €100m was approved for short-term support. For <strong>the</strong> medium and long term, a €200m fund was<br />
approved to respond to <strong>the</strong> requests by <strong>the</strong> Haiti state.<br />
Page 30 <strong>of</strong> 49
aiming at allowing a fast and effective response to this matter, I ask your approval for a systematic<br />
reduction to 5 working days <strong>of</strong> delay for <strong>the</strong> inter-service consultation, for all <strong>the</strong> decisions regarding<br />
<strong>the</strong> help to <strong>the</strong> Haitian state’.<br />
Regarding <strong>the</strong> communication system within ISC, all documents for <strong>the</strong> ISC are loaded in an on-line<br />
system called CIS-NET and an e-mail directly linked to <strong>the</strong> ISC is automatically sent to relevant<br />
services. EC <strong>of</strong>ficers comment and directly send <strong>the</strong> revised versions <strong>of</strong> <strong>the</strong> documents on-line. All <strong>the</strong><br />
documents are available 24/7 in <strong>the</strong> system, including supporting information and details <strong>of</strong> everyone<br />
involved in <strong>the</strong> exercise. Meetings are held only for fast-track ISC, when <strong>the</strong>re is no time to exchange<br />
comments in writing and wait for <strong>the</strong> answers.<br />
Regarding adoption by <strong>the</strong> College <strong>of</strong> Commissioners, a<strong>part</strong> from <strong>the</strong> written procedure used for APF<br />
decisions, EC legislation also provides for:<br />
‣ The empowerment procedure: one <strong>of</strong> <strong>the</strong> Commissioners is empowered by <strong>the</strong> College to<br />
adopt an individual decision (but <strong>the</strong> ACP envelope within EDF is not covered by this<br />
procedure);<br />
‣ The sub-delegation procedure: <strong>the</strong> Commissioner delegates authority to <strong>the</strong> Director General<br />
concerned.<br />
A change from <strong>the</strong> general written procedure to <strong>the</strong> empowerment or sub-delegation procedures (<strong>the</strong><br />
latter may only be used for decisions under €10m) would require an internal decision <strong>of</strong> <strong>the</strong> College <strong>of</strong><br />
Commissioners. For APF, special competence would concern <strong>the</strong> Commissioner for Development or<br />
DEVCO Director General.<br />
In any case, on November 21 st 2010, <strong>the</strong> College took <strong>the</strong> decision to apply <strong>the</strong> empowerment<br />
procedure as a general rule, unless decided o<strong>the</strong>rwise. This also means that no translation is needed<br />
and <strong>the</strong> procedure should save 5 working days: it should be applied to APF from now on. The<br />
<strong>evaluation</strong> commends this decision.<br />
ERM<br />
Every single APF contract (no matter how short) requires an EC financing decision, which normally<br />
requires a full clearance and approval process with 30 signatures. The <strong>evaluation</strong> considers this<br />
complexity might be reduced, and <strong>the</strong> ERM shows that this is possible, but it would require<br />
amendment to <strong>the</strong> current legal framework. The ERM can obtain clearance in 2 weeks, a remarkable<br />
improvement (but limited to small mediation-type missions not exceeding 6 months).<br />
According to most interlocutors, ERM has been innovative, and provides hope for fur<strong>the</strong>r flexibility in<br />
EDF procedures. The <strong>evaluation</strong> considers that <strong>the</strong> accelerated ERM procedures work well for <strong>the</strong><br />
purpose, as <strong>the</strong>y are quite fast and flexible.<br />
III.2.3<br />
DECISION-MAKING PROCEDURES IN ACCORDANCE WITH THE CURRENT EDF<br />
LEGAL FRAMEWORK<br />
EC-AU JOINT FORMULATION<br />
APF experience has shown that EC involvement with AU and RECs, including PSO expertise in<br />
military, policy and civilian interventions is needed at <strong>the</strong> request formulation level and should be<br />
formalised as <strong>part</strong> <strong>of</strong> <strong>the</strong> APF procedure.<br />
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DIFFERENTIATION OF POLITICAL APPROPRIATENESS WITHIN THE APF<br />
Political appropriateness from <strong>the</strong> Council (PSC) is understandably required for APF financing <strong>of</strong><br />
PSOs. However, such prior approval <strong>of</strong> funding within <strong>the</strong> two o<strong>the</strong>r APF components, namely ERM<br />
and Capacity Building, is not needed. Information and explanation <strong>of</strong> Commission/EAAS decisions<br />
within <strong>the</strong> relevant preparatory working group (AWG) after formal approval should be sufficient. Such a<br />
change would allow <strong>the</strong> Commission/EAAS to respond more timely, more effectively and in a more<br />
result-oriented fashion to <strong>the</strong> needs, throughout Africa.<br />
ACCELERATE INTER-SERVICE CONSULTATION PROCEDURE AND TRANSLATION<br />
The inter-service consultation ‘fast track’ procedure should be adopted to create <strong>the</strong> necessary speed<br />
and flexibility within <strong>the</strong> EC. This <strong>part</strong>icular procedure normally requires individual exception and<br />
special permission from <strong>the</strong> SG, in case <strong>of</strong> a manifest political urgency. If legally possible, by SG<br />
decision, <strong>the</strong> ‘fast track’ procedure should be used for every urgent decision on PSOs when <strong>the</strong><br />
Director <strong>of</strong> DEVCO so requests. At very least, PSO decisions should enjoy <strong>the</strong> same treatment<br />
allowed by SG to ECHO to help <strong>the</strong> Haitian state, a systematic reduction to 5 working days <strong>of</strong> delay for<br />
inter-service consultation, which also includes an informal accelerated procedure for <strong>the</strong> translation <strong>of</strong><br />
<strong>the</strong>se decisions.<br />
ADOPTION BY THE COLLEGE OF COMMISSIONERS THROUGH SUB-DELEGATION PROCEDURE<br />
The new general empowerment procedure 45 should be adopted, empowering <strong>the</strong> Commissioner for<br />
Development to adopt APF decisions, although <strong>the</strong> sub-delegation procedure may normally only be<br />
used for decisions regarding less than 10 million Euros. This change would require an internal<br />
decision <strong>of</strong> <strong>the</strong> College <strong>of</strong> Commissioners and would imply a special competence to DEVCO Director<br />
General.<br />
AUC COULD TAKE DECISIONS ON ERM MEDIATION AND FACT-FINDING MISSIONS<br />
Since <strong>the</strong> ERM funding has already been pre-approved by <strong>the</strong> EU PSC, <strong>the</strong> <strong>evaluation</strong> recommends<br />
that ownership <strong>of</strong> ERM mediation decisions - and political appropriateness for mediation/fact-finding<br />
and <strong>the</strong> subsequent release <strong>of</strong> funds – should go to <strong>the</strong> AUC, subject to an exchange <strong>of</strong> information<br />
(emails) with <strong>the</strong> EU delegation in Addis and <strong>the</strong> establishment <strong>of</strong> an AU ERM technical assistance<br />
unit to improve management. We consider that <strong>the</strong> EU Delegation in Addis may be better placed than<br />
DEVCO in Brussels to identify ERM needs. The EU Delegation would <strong>of</strong>ficially inform APF and PSC in<br />
Brussels <strong>of</strong> <strong>the</strong> AU decision. This way, AU would be fully responsible for ERM decisions and <strong>the</strong>ir<br />
implementation and <strong>the</strong> African ownership <strong>of</strong> APF actions would be improved.<br />
III.2.4<br />
DECISION-MAKING PROCEDURES OUTSIDE THE EDF LEGAL FRAMEWORK<br />
a. New procedures for APF would open new opportunities<br />
When analysing o<strong>the</strong>r EC financial instruments and decision-making procedures, we should bear in<br />
mind that APF was not created at random. The EU wanted to help AU/RECs to develop <strong>the</strong>ir own<br />
continental system for <strong>peace</strong> and security and it was decided that long-term capacity building for<br />
APSA including support to African led PSO was in line with <strong>the</strong> security-development nexus in <strong>the</strong><br />
Cotonou Agreement and thus funding from <strong>the</strong> EDFs. This coherent decision relates to <strong>the</strong> importance<br />
<strong>of</strong> linking <strong>peace</strong> and sustainable development. EDF is linked to <strong>the</strong> 2000 Cotonou agreement, which is<br />
financed by EU Member States outside <strong>the</strong> regular budget <strong>of</strong> <strong>the</strong> EU. As an intergovernmental<br />
45 On November 21 st 2010 <strong>the</strong> College already decided to have <strong>the</strong> empowerment procedure as a general rule<br />
unless decided o<strong>the</strong>rwise.<br />
Page 32 <strong>of</strong> 49
mechanism, EDF has its own decision-making procedures, which exclude intervention <strong>of</strong> <strong>the</strong><br />
<strong>European</strong> Parliament and ensures that EU member states have more direct influence over <strong>the</strong> use <strong>of</strong><br />
resources than with <strong>the</strong> regular EU budget.<br />
The current APF legal framework will be in force until 2013 when <strong>the</strong> 10 th EDF ends - although<br />
Cotonou continues until 2020. The EDF might be integrated into <strong>the</strong> EU budget. APF might be left out<br />
<strong>of</strong> this framework and a decision will be taken on whe<strong>the</strong>r <strong>the</strong> APF can be managed through <strong>the</strong><br />
Commission and/or through <strong>the</strong> <strong>European</strong> External Action Service. The changed legal framework <strong>of</strong><br />
<strong>the</strong> Lisbon Treaty means that new procedures and internal EU task division is required if <strong>the</strong> EDF is<br />
budgeted. Therefore, it is important to observe what procedural characteristics from o<strong>the</strong>r EU financial<br />
instruments might be incorporated into <strong>the</strong> APF legal framework. New procedures should naturally<br />
improve and shorten <strong>the</strong> current APF decision-making procedures. Moreover, if more relevant<br />
procedures are available within o<strong>the</strong>r EU instruments, <strong>the</strong> latter could also be applied to <strong>the</strong> future<br />
APF even if <strong>the</strong> EDF is not budgeted.<br />
INSTRUMENT FOR STABILITY<br />
IfS can provide inter alia technical and financial assistance to support efforts by international and<br />
regional organisations to promote confidence building, mediation, dialogue and reconciliation in<br />
response to situations <strong>of</strong> crisis or emerging crisis. In stable conditions for cooperation, IfS can also<br />
provide technical and financial assistance, pre- and post-conflict long-term capacity building support<br />
for international and regional organisations, to help promoting early warning and mediation. These<br />
latter measures may include know-how transfer, exchange <strong>of</strong> information, risk/threat assessment,<br />
research and analysis, early warning systems and training. In this sense, we could say that IfS might<br />
fund certain activities now being funded by APF under ERM. However, IfS cannot finance military<br />
operations, even if <strong>the</strong>y have a <strong>peace</strong>keeping purpose, as this would contradict EU Treaties on <strong>the</strong><br />
competence <strong>of</strong> <strong>the</strong> Commission.<br />
IfS intervenes with ‘exceptional assistance measures’ and ‘interim response programmes’ adopted<br />
following <strong>the</strong> general EC decision-making procedures (inter-service consultation, College <strong>of</strong><br />
Commissioners). However, contrary to what is required for APF, <strong>the</strong> Commission does not ‘request’<br />
<strong>the</strong> approval <strong>of</strong> <strong>the</strong> PSC, it simply informs <strong>the</strong> PSC <strong>of</strong> <strong>the</strong> measures <strong>the</strong>y are planning to take, and<br />
have 48 hours to object. Never<strong>the</strong>less, <strong>the</strong> Commission meets with <strong>the</strong> PSC once a month to discuss<br />
<strong>the</strong> measures <strong>the</strong>y are planning. Two days before <strong>the</strong> meeting <strong>the</strong>y send PSC a note (‘IfS monthly<br />
note’) outlining <strong>the</strong> content <strong>of</strong> <strong>the</strong>se measures (a very broad outline, roughly 3 or 4 paragraphs per<br />
measure). This note is discussed during <strong>the</strong> PSC meeting. If <strong>the</strong> measure costs more than €20m, a<br />
special Council committee must be consulted, made up <strong>of</strong> EU MS representatives. 46 A negative<br />
opinion obliges <strong>the</strong> Commission to delay adoption for up to three months. IfS managers say <strong>the</strong>y have<br />
reduced <strong>the</strong> burden <strong>of</strong> ‘comitology’ from 12 months to two months in <strong>the</strong> best conditions, although <strong>the</strong>y<br />
can send mediation missions in a matter <strong>of</strong> days using a pre-approved Standing Facility (<strong>the</strong> Georgia<br />
Observer Mission was on <strong>the</strong> ground within 3 weeks). An average <strong>of</strong> 2 months is necessary, more or<br />
less <strong>the</strong> same as for <strong>the</strong> quickest APF decisions.<br />
IfS only intervene when o<strong>the</strong>r instruments are not available. The EC <strong>of</strong>ficers in charge have to<br />
constantly assess <strong>the</strong> international situation and carry out programme identification in cooperation with<br />
EU delegations.<br />
In <strong>the</strong>ory, even if Member states disagreed with IfS measures, <strong>the</strong> Commission could still go ahead<br />
with <strong>the</strong>m. In practice, if a proposal raises concerns amongst MS, <strong>the</strong> Commission takes a second<br />
look. This only happened once, out <strong>of</strong> a total <strong>of</strong> some 140 measures proposed to date, because a lot<br />
<strong>of</strong> political coordination takes place upstream, both with PSC Delegations and with MS embassies in<br />
<strong>the</strong> country concerned. IfS is normally pretty sure when proposing a <strong>part</strong>icular measure, that it will not<br />
raise difficulties in <strong>the</strong> PSC.<br />
46 EU Member States representatives have 48 hours to oppose.<br />
Page 33 <strong>of</strong> 49
Despite all <strong>the</strong> possibilities <strong>of</strong> IfS, <strong>the</strong> Council has proved unwilling to enlarge <strong>the</strong> scope <strong>of</strong> IfS activities<br />
to include military actions.<br />
While both APF and IfS decision-making procedures are centralised in Brussels, IfS management is<br />
sub-delegated to EU Delegations, also involved in programme identification. This facilitates <strong>the</strong><br />
coordination <strong>of</strong> all EU activities (including RIPs and NIPs), and coordination with o<strong>the</strong>r donors,<br />
reducing <strong>the</strong> risk <strong>of</strong> overlapping. For APF, centralised in Brussels, coordination is more difficult to<br />
achieve because delegations are not normally involved in APF activities - although <strong>the</strong> EU Delegation<br />
in Addis is involved in <strong>the</strong> monitoring <strong>of</strong> APF through one full time contract agent working with APF<br />
and in daily contact with Brussels.<br />
ECHO FINANCING DECISIONS<br />
Jointly with APF, ECHO activities <strong>of</strong>ten take place in conflict or post-conflict situations and eligibility is<br />
quite strict. DG ECHO´s mandate is implemented through financing decisions that follow EC<br />
administrative procedures, but with some <strong>part</strong>icularities.<br />
In emergency situations, ECHO may request ‘primary’ and ‘not primary’ financing decisions. In <strong>the</strong> first<br />
case, <strong>the</strong> Director-General <strong>of</strong> ECHO (sub-delegation procedure) may adopt decisions under €3m<br />
without inter-service consultation or consultation with <strong>the</strong> <strong>European</strong> Parliament or <strong>the</strong> Humanitarian<br />
Aid Commissioner. In <strong>the</strong> second ‘not primary’ case, <strong>the</strong> Director General ECHO may adopt decisions<br />
without inter-service consultation or consultation with EO and HAC when <strong>the</strong> cost is below €5m.<br />
Between €5 and €10m, <strong>the</strong> decision is adopted under <strong>the</strong> same conditions by <strong>the</strong> Commissioner<br />
(empowerment procedure). In all <strong>the</strong>se cases, <strong>the</strong> financing decision may be adopted within ten<br />
working days, two weeks. These are <strong>the</strong> fastest decisions within <strong>the</strong> EC framework. The <strong>evaluation</strong><br />
recommends that ECHO ‘primary procedures’ should be adapted and adopted for AU execution <strong>of</strong><br />
mediation and emergency responses (related to ERM, early warning and early intervention, and<br />
activation <strong>of</strong> <strong>the</strong> Panel <strong>of</strong> <strong>the</strong> Wise).<br />
This differentiation, depending on <strong>the</strong> emergency and <strong>the</strong> amount, might be useful as a reference for<br />
possible amendments in <strong>the</strong> APF decision-making procedures. However, <strong>the</strong> military character <strong>of</strong><br />
most APF activities clearly hampers <strong>the</strong> analogy, taking into account <strong>the</strong> special eligibility (not<br />
humanitarian aid as for ECHO) and <strong>the</strong> actors involved (not NGOs) in APF interventions.<br />
ATHENA DECISION<br />
A<strong>the</strong>na is an EU MS instrument outside <strong>the</strong> competence <strong>of</strong> <strong>the</strong> Commission. Following similar<br />
principles <strong>of</strong> individual state contributions as for EDF or EIB, under Article 41.2 <strong>of</strong> <strong>the</strong> Treaty <strong>of</strong> <strong>the</strong><br />
<strong>European</strong> Union, MS 47 contributions to ATHENA are based on <strong>the</strong> Gross National Income scale. This<br />
instrument is presented in Annex 3.5.<br />
As compared with APF, <strong>the</strong>re are many o<strong>the</strong>r differences:<br />
ATHENA is managed by an administrator, <strong>the</strong> commander <strong>of</strong> each operation and an<br />
accounting <strong>of</strong>ficer, under <strong>the</strong> authority <strong>of</strong> a Special Committee composed <strong>of</strong> representatives <strong>of</strong><br />
<strong>the</strong> MS contributing to <strong>the</strong> financing <strong>of</strong> each operation;<br />
The expenditure section for an operation in any draft budget, is drawn up on <strong>the</strong> basis <strong>of</strong> a<br />
proposal made by its operation commander;<br />
All 26 EU MS agree to pay <strong>the</strong>ir assessed share when <strong>the</strong>y approve an operation, and <strong>the</strong>re<br />
are heavy interest charges for late-payers, which ensures good cash-flow;<br />
47 Only 26 MS contribute since Denmark does not <strong>part</strong>icipate in EU decisions with defence implications, it does<br />
not contribute to ATHENA<br />
Page 34 <strong>of</strong> 49
The costs covered by ATHENA include <strong>the</strong> maintenance <strong>of</strong> <strong>the</strong> operational headquarters,<br />
investments in <strong>the</strong> infrastructure made to support <strong>the</strong> operation, medical services, as well as<br />
‘Nation Borne Costs’ which include lodging, fuel, and similar expenses linked to <strong>the</strong><br />
mobilisation <strong>of</strong> national contingents. All <strong>the</strong> o<strong>the</strong>r costs related to deployed personnel<br />
(allowances, salaries...) are borne individually by <strong>the</strong> State contributing to <strong>the</strong> operation in<br />
question. ATHENA does not intervene in <strong>the</strong> way each contributing State manages its<br />
operational costs. Never<strong>the</strong>less, <strong>the</strong> Special Committee may decide that <strong>the</strong> administrative<br />
management <strong>of</strong> certain expenditures, while remaining <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong> Member State<br />
concerned, should be entrusted to ATHENA;<br />
ATHENA has shown flexibility, in that <strong>the</strong> mechanism has evolved over time: originally medical<br />
costs, transport etc. were not covered;<br />
ATHENA has been designed to become a very flexible, effective and efficient instrument for<br />
military operations in <strong>the</strong> field. It has <strong>the</strong> necessary legal identity to hold a bank account or<br />
property, to sign contracts and to be a <strong>part</strong>y to legal proceedings. It is not pr<strong>of</strong>it making. Any<br />
payment from ATHENA´s account only requires <strong>the</strong> joint signatures <strong>of</strong> <strong>the</strong> administrator and<br />
<strong>the</strong> accounting <strong>of</strong>ficer;<br />
Any joint action by which <strong>the</strong> Council decides that <strong>the</strong> EU will conduct a military operation, and<br />
any joint action or decision by which <strong>the</strong> Council decides to extend a EU operation, shall<br />
contain a reference amount for <strong>the</strong> common costs <strong>of</strong> this operation. The administrator shall<br />
evaluate this amount for <strong>the</strong> planned period – meaning that budgets are determined annually,<br />
which is not a definition <strong>of</strong> long-term ‘predictable funding’ as compared to <strong>the</strong> current<br />
objectives <strong>of</strong> <strong>the</strong> APF;<br />
ATHENA allows <strong>the</strong> EU MS to conclude ad hoc administrative arrangements with third States<br />
indicated by <strong>the</strong> Council as potential contributors to a specific EU operation, or as contributors<br />
to EU operations in general.<br />
This financial mechanism was established for military operations, inspired by NATO procedures, for<br />
<strong>European</strong>-led PSOs. Because <strong>of</strong> <strong>the</strong>se features, ATHENA might be an inspiration to make APF a<br />
more effective and faster instrument to support PSOs. APF financial decisions might be taken more<br />
quickly. However, for A<strong>the</strong>na to serve as an operational model in Africa, substantial modifications<br />
would be needed to <strong>the</strong> original Decision. It should be also recalled that <strong>the</strong> APF has a limited budget<br />
for PSOs and that an “A<strong>the</strong>na-Africa” mechanism might be needed to replace APF PSO support, when<br />
or if, funding runs out. That said, it is questionable whe<strong>the</strong>r <strong>the</strong> EU member states have <strong>the</strong> political<br />
and financial interest to create such an additional mechanism.<br />
An oversight committee could be created for A<strong>the</strong>na-Africa (or A<strong>the</strong>na-APF), made up <strong>of</strong> AU/RECs<br />
toge<strong>the</strong>r with <strong>the</strong> EU and which would respect principles <strong>of</strong> African ownership and Africa-EU<br />
<strong>part</strong>nership. However, <strong>the</strong>se changes would not solve one <strong>of</strong> <strong>the</strong> main problems for APF: <strong>the</strong> fact that<br />
most African armies lack sound administrative management systems. When efficient management<br />
systems must interact with o<strong>the</strong>r inefficient management systems, <strong>the</strong> interaction becomes inefficient.<br />
b. Differentiate between <strong>the</strong> various APF Components:<br />
The EU should separate <strong>the</strong> three APF components: PSOs, capacity building and ERM, to set up <strong>the</strong><br />
best decision-making procedures for each <strong>of</strong> <strong>the</strong>m.<br />
IFS INFORMATION PROCEDURE<br />
In case <strong>the</strong> Commission retains its competence on APF, <strong>the</strong> <strong>evaluation</strong> recommends introducing <strong>the</strong><br />
IfS information procedure using written information notes from DEVCO to inform <strong>the</strong> PSC in Brussels<br />
and just give MS 48 hours to object, but without requiring written approval or any formal meeting <strong>of</strong><br />
Council committees or groups. This procedure is <strong>part</strong>icularly relevant for <strong>the</strong> non-PSO funding <strong>of</strong> <strong>the</strong><br />
APF.<br />
Page 35 <strong>of</strong> 49
ENCOURAGING TRANSPARENCY AND RESPONSIBILITY<br />
New procedures for APF should address <strong>the</strong> problem <strong>of</strong> <strong>the</strong> lengthy administrative procedures inside<br />
<strong>the</strong> Commission. The <strong>evaluation</strong> finds that too many signatures are required for each APF financing<br />
decision, leading to confusion and lengthiness. While <strong>the</strong> ‘four eyes’ principle is relevant, six or eight<br />
eyes constitute a waste <strong>of</strong> resources. De<strong>part</strong>mental Directors should not have to sign a document that<br />
has already been signed by a deputy. Through committees, transparency becomes opacity through<br />
dilution <strong>of</strong> responsibility. It is said that multiple signatures and multiple committees have become<br />
protection mechanisms, to avoid that any individual or de<strong>part</strong>ment be ever held responsible for<br />
anything that goes wrong. This is perfectly plausible, but <strong>the</strong> system should be challenged. The<br />
<strong>evaluation</strong> recommends that Directors and de<strong>part</strong>ments - and EU Ambassadors and Delegations -<br />
should be held responsible for errors or failures, just as <strong>the</strong>y should get credit for success.<br />
ATHENA-AFRICA TO SUBSTITUTE APF PSO FUNDING DEPENDING ON SCALE AND SCOPE OF CRISIS<br />
The APF only has limited resources for PSOs. Moreover, major PSOs require specialised military<br />
capabilities and expertise. The PSOs risk diverting prioritisation and commitments to <strong>the</strong> o<strong>the</strong>r<br />
important objectives <strong>of</strong> <strong>the</strong> EU Africa Partnership, namely political dialogue and APSA. The EU should<br />
<strong>the</strong>refore consider whe<strong>the</strong>r creating an A<strong>the</strong>na-Africa mechanism that, if need be, could take over APF<br />
PSO support is politically and financially acceptable.<br />
III.2.5<br />
APF AID MODALITIES<br />
PROMOTION OF JOINT MANAGEMENT AND SOUND ADMINISTRATION<br />
Joint management is <strong>the</strong> best way for APF mechanism to provide ownership by <strong>the</strong> African<br />
organisations. Training <strong>of</strong> AU/REC staff on sound management procedures, in accordance with EC<br />
procedures, is essential for <strong>the</strong>se organisations to pass <strong>the</strong> four-pillar requirements and qualify to run<br />
APF contribution agreements. This can best be done in-house, as <strong>part</strong> <strong>of</strong> a process to bring <strong>the</strong> APF<br />
and AU closer toge<strong>the</strong>r, through adequate technical assistance to develop <strong>the</strong>ir own procedures, and<br />
through staff exchanges and joint staff training so that <strong>the</strong>se organisations also become able to train<br />
<strong>the</strong>mselves.<br />
AMENDING CONTRIBUTION AGREEMENTS<br />
Current EC regulations follow <strong>the</strong> principle that every financing decision must have a legal basis: as a<br />
consequence, amendments require a new EC financing decision. But, if new APF procedures are<br />
adopted outside EDF regulations, <strong>the</strong> <strong>evaluation</strong> recommends that an accelerated amendment<br />
procedure be created, taking into consideration <strong>the</strong> specific needs <strong>of</strong> APF and <strong>the</strong> AU/RECs, 48<br />
provided that only <strong>the</strong> amount <strong>of</strong> money and <strong>the</strong> duration are changed, while o<strong>the</strong>r political and<br />
procedural conditions remain <strong>the</strong> same as in <strong>the</strong> original approval.<br />
DO NOT LIMIT THE POSSIBILITY OF AID MODALITIES<br />
It appears unnecessary to limit <strong>the</strong> range <strong>of</strong> possible aid modalities. Obviously, <strong>the</strong> Contribution<br />
Agreements are <strong>the</strong> most appropriate, comprehensive aid modalities for APF support to <strong>the</strong> AUC and<br />
RECs. However, o<strong>the</strong>r aid modalities are needed as alternative implementation arrangements for<br />
48 ‘The Commission recognises that international organisations complying with international standards are<br />
different than o<strong>the</strong>r entities (e.g. NGOs) and hence, in view <strong>of</strong> such differences, a different type <strong>of</strong> agreement<br />
recognising <strong>the</strong>ir specificities may be used (cf. agreements concluded between <strong>the</strong> Commission and international<br />
organisations, treatment <strong>of</strong> international organisations in <strong>the</strong> Financial Regulations -EC Budget and EDF-, etc).<br />
However, <strong>the</strong> application <strong>of</strong> this possibility must be made public (in <strong>the</strong> relevant Guidelines).’<br />
http://ec.europa.eu/europeaid/work/procedures/implementation/practical_guide/documents/2010_prag_en.pdf<br />
p113 <strong>of</strong> 127<br />
Page 36 <strong>of</strong> 49
RECs that might not qualify or for o<strong>the</strong>r actors that can add value to APSA or even o<strong>the</strong>r objectives<br />
within <strong>the</strong> Africa-EU <strong>part</strong>nership on Peace and Security.<br />
BE RESULT-ORIENTED RATHER THAN ACTOR-ORIENTED<br />
The result is what matters so APF strategic focus must be on <strong>the</strong> three objectives <strong>of</strong> <strong>the</strong> Africa-EU<br />
Partnership, namely political dialogue, operationalisation <strong>of</strong> APSA and PSOs. The AU and RECs are<br />
important actors in this context and <strong>the</strong> majority <strong>of</strong> funding should target <strong>the</strong>se intergovernmental<br />
organisations. However, <strong>the</strong> AU and RECs are not <strong>the</strong> only stakeholders or drivers behind politics,<br />
APSA and PSOs. Many o<strong>the</strong>r actors, such as individual African member states, but also civil society<br />
groups, research and training centres, specialised entities, private sector and o<strong>the</strong>r international<br />
organisations should be eligible for funding.<br />
A MANUAL OF APF PROCEDURES IS NEEDED<br />
The <strong>evaluation</strong> recommends <strong>the</strong> elaboration <strong>of</strong> a specific, multilingual manual for all those involved in<br />
APF, containing <strong>the</strong> objectives, actors, rights, duties and controls related to APF activities. It should<br />
be easy to read for everyone and explain in detail how APF works with regard to AU/RECs. This<br />
manual should be a useful tool to facilitate initiatives, implementation and auditing and improve<br />
efficiencies and mutual understandings between EU and AU/RECs. Never<strong>the</strong>less, <strong>the</strong> mutual<br />
absorbing <strong>of</strong> institutional cultures is equally important to build <strong>part</strong>nerships as well as an<br />
understanding <strong>of</strong> why procedures exist and how <strong>the</strong>y work.<br />
III.2.6<br />
AU/REC PROCEDURES AND PRACTICE FOR APF REQUESTS<br />
According to <strong>the</strong> <strong>evaluation</strong> ToR, AU/REC capacity constraints at all levels will be a focus <strong>of</strong> APF<br />
<strong>evaluation</strong> Part 2, in <strong>part</strong>icular in <strong>the</strong> areas <strong>of</strong> administrative and financial management, operational,<br />
planning and long-term capacity building planning. Never<strong>the</strong>less, it is necessary at this stage to make<br />
an assessment <strong>of</strong> <strong>the</strong> current AU/REC procedures and practices pertaining to APF requests.<br />
The political legitimacy <strong>of</strong> APF-funded activities in Africa comes from <strong>the</strong> AU, and for PSOs it also<br />
comes from <strong>the</strong> UN. The AU has <strong>the</strong> very important Peace and Security Council, composed <strong>of</strong> fifteen<br />
elected MS, and <strong>the</strong>ir decisions bear both legal and political weight. Supporting <strong>the</strong> PSC and<br />
increasing its pr<strong>of</strong>ile will benefit <strong>the</strong> institutional capacity <strong>of</strong> AU both from a management point <strong>of</strong> view<br />
(to make <strong>the</strong> PSC function efficiently) and politically because AU MS political will and support for<br />
APSA is not guaranteed, although necessary for APSA success.<br />
Political approval <strong>of</strong> APF requests comes from <strong>the</strong> PSC. Never<strong>the</strong>less, as mentioned above, in less<br />
politically sensitive matters, such as CB or ERM, approval could be delivered by <strong>the</strong> AUC, including<br />
political approval for REC requests. The <strong>evaluation</strong> considers this AU endorsement to be a valuable<br />
step, since it reinforces both <strong>the</strong> institutional architecture <strong>of</strong> APSA and <strong>the</strong> necessary hierarchy to pancontinental<br />
institutions. In practice <strong>the</strong>re is little or no delay caused by political approval, since <strong>the</strong><br />
practical administrative work takes place in parallel inside APF.<br />
The P&S policy should be under <strong>the</strong> overall guidance <strong>of</strong> AU, from where doctrine should emerge. The<br />
principle <strong>of</strong> subsidiarity would reduce <strong>the</strong> risk <strong>of</strong> centralised AUC decision-making hampering APF<br />
implementation. This would require that <strong>the</strong> management <strong>of</strong> P&S be <strong>the</strong> responsibility <strong>of</strong> RECs,<br />
following doctrine established by <strong>the</strong> AU. Certain RECs will always be stronger than o<strong>the</strong>rs (or even<br />
than <strong>the</strong> AU in some fields), but a common doctrine will bring <strong>the</strong>m toge<strong>the</strong>r politically and<br />
philosophically.<br />
Decisions <strong>of</strong> <strong>the</strong> PSC are executed by <strong>the</strong> AUC, and in <strong>part</strong>icular <strong>the</strong> PSD. The PSOD coordinates<br />
and manages PSOs. The PSD should also be providing <strong>the</strong> overall leadership and doctrine to RECs<br />
Page 37 <strong>of</strong> 49
concerning P&S strategy. In <strong>the</strong> latter area, PSD has not been able to dedicate much time or energy,<br />
since PSOs take up most <strong>of</strong> <strong>the</strong> Director’s attention.<br />
Devolution <strong>of</strong> APF management to EU delegations might allow faster decisions in accordance with <strong>the</strong><br />
situation at field level: for instance, when extra funding is needed in a crisis situation. Currently, all EC-<br />
AU communications are made through <strong>the</strong> EU delegation in Addis, but <strong>the</strong>re is no real involvement<br />
from <strong>the</strong> Delegations in <strong>the</strong> daily management <strong>of</strong> APF contracts. According to ECCAS <strong>of</strong>ficers<br />
involved in APF, this means RECs wait longer without appropriate backstopping, and in most APF<br />
actions <strong>the</strong>y consider that, for operational/financial management issues, it would be better to have a<br />
more efficient connection with <strong>the</strong> EC.<br />
Because <strong>of</strong> <strong>the</strong> support that can be provided by EU delegations on <strong>the</strong> ground, <strong>the</strong> <strong>evaluation</strong><br />
concludes that generally speaking, RECs would be best funded from RIPs, except for PSOs. EU<br />
delegations helping and funding RECs, would need some form <strong>of</strong> P&S military or security expertise.<br />
This can <strong>of</strong>ten be found inside <strong>the</strong> embassies <strong>of</strong> EU MS who have military and/or police attachés and<br />
some formal or informal arrangements might be found for EU delegations to benefit from <strong>the</strong>ir advice.<br />
III.2.7<br />
EU-AU/RECS STRUCTURAL PROCEDURES<br />
PROMOTION OF SUBSIDIARITY 49 WITHIN AU/RECS<br />
The EU should promote <strong>the</strong> principle <strong>of</strong> subsidiarity in <strong>the</strong> implementation <strong>of</strong> APF activities. In <strong>the</strong> case<br />
<strong>of</strong> CB and ERM under APF, RECs should have <strong>the</strong> administrative management <strong>of</strong> <strong>the</strong>se activities at<br />
regional level in order to improve <strong>the</strong> African efficiency and effectiveness, in accordance with <strong>the</strong><br />
general directives and common strategy decided at AU level.<br />
EU DELEGATIONS WORKING WITH APF<br />
In practice, EU delegations <strong>part</strong>icipate pretty well when <strong>the</strong>y have adequate RIP funds to create<br />
synergy with APF, but more can and should be done to adjust procedures in favour <strong>of</strong> subsidiarity.<br />
The evaluators, in line with <strong>the</strong> APSA Road Map (Dec 2010), recommend <strong>the</strong> following in order to <strong>of</strong>fer<br />
APF new opportunities for flexibility and enhanced value for money:<br />
Implementation <strong>of</strong> EU support to <strong>the</strong> REC APSA mechanisms and/or APSA related policies<br />
should be deconcentrated to <strong>the</strong> EU Delegations ra<strong>the</strong>r than centrally managed.<br />
That will require P&S expertise within <strong>the</strong> EU delegation in Addis for AU (and o<strong>the</strong>rs for <strong>the</strong><br />
RECs) and also a substantial change in <strong>the</strong> communication and outreach strategies <strong>of</strong> APF.<br />
Financial checks and monitoring should be managed by <strong>the</strong> EU Delegation close to AU/RECs.<br />
RECs (ECCAS and o<strong>the</strong>rs) feel insufficiently supported by AU. For most APF operational and<br />
financial management issues, a direct connection with EU through <strong>the</strong> EU Delegation would<br />
improve performance.<br />
49 The subsidiarity principle is one <strong>of</strong> <strong>the</strong> central principles in <strong>the</strong> EU context, laying down that political decisions in<br />
<strong>the</strong> EU must always be taken at <strong>the</strong> lowest possible administrative and political levels, and as close to <strong>the</strong> citizens<br />
as possible. Beyond <strong>the</strong> areas where <strong>the</strong> EU has exclusive competence, this means that <strong>the</strong> EU can only act if it<br />
is better to implement <strong>the</strong> legislation at stake at EU ra<strong>the</strong>r than national, regional or local level.<br />
Page 38 <strong>of</strong> 49
IV. MAIN FINDINGS AND RECOMMENDATIONS ON<br />
ALTERNATIVE FUNDING<br />
Stakeholders almost everywhere in <strong>the</strong> world describe <strong>the</strong> APF as an appropriate and effective<br />
instrument. Although concerns about limitations, constraints and shortcomings are raised, APF is<br />
almost invariably qualified as <strong>the</strong> best existing instrument for continental and regional <strong>peace</strong> building<br />
in Africa. The APF should <strong>the</strong>refore be seen as <strong>the</strong> best available instrument, but also as a tool that<br />
can be fur<strong>the</strong>r improved.<br />
A closer alignment <strong>of</strong> <strong>the</strong> funding instrument with political will and policy priorities may make it a more<br />
nimble funder, more <strong>of</strong>ten reflecting <strong>the</strong> reality behind <strong>the</strong> three objectives <strong>of</strong> <strong>the</strong> African EU<br />
Partnership on Peace and Security (i.e. <strong>the</strong> II Action Plan, 2011-2013) and encouraging a more<br />
reasonable division <strong>of</strong> labour between AU/EU, <strong>the</strong>ir respective MS and o<strong>the</strong>r relevant stakeholders. It<br />
is important not to see <strong>the</strong> APF as an isolated instrument, but to keep it at <strong>the</strong> heart <strong>of</strong> <strong>the</strong> full Africa-<br />
EU relationship. Likewise, it seems necessary to engage a broader range <strong>of</strong> relevant stakeholders and<br />
better link political decision making with quick delivery <strong>of</strong> specific initiatives.<br />
In a sense, EU member states may be reluctant to re-open <strong>the</strong> debate on APF funding at this stage.<br />
However, <strong>the</strong> world changes and <strong>the</strong> EU has a different legal and institutional set-up, which requires<br />
some adaptation. More flexibility, more predictability, more differentiation among APF components,<br />
implementation modalities and direct beneficiaries as well as more fluid procedures, adapted to<br />
military-type operational funding (including <strong>the</strong> possibility to fund a wider range <strong>of</strong> military costs) would<br />
increase effectiveness, results and value for money.<br />
To make meaningful recommendations on how improvements can be achieved, <strong>the</strong> nature and scope<br />
<strong>of</strong> funding sources must be critically evaluated. Links need to be made between what should be<br />
funded and <strong>the</strong> availability/suitability <strong>of</strong> future funding sources, by examining whe<strong>the</strong>r <strong>the</strong> right<br />
activities are properly funded.<br />
Although <strong>the</strong> scope <strong>of</strong> this <strong>evaluation</strong> does not include a detailed analysis, AMISOM does provide an<br />
example <strong>of</strong> a funding instrument intended for initiatives whose political dynamics is largely determined<br />
by o<strong>the</strong>r actors than <strong>the</strong> funding countries. A lack <strong>of</strong> constructive strategic discussion and political<br />
decision-making (for example, between UNSC, IGAD and countries with a stake in <strong>the</strong> future <strong>of</strong> <strong>the</strong><br />
region) leaves <strong>the</strong> EU and AU with a blurred political situation. This makes sensible funding decisions<br />
and planning for <strong>the</strong> best use <strong>of</strong> available funds very difficult. This example also reminds political<br />
decision-makers and technical staff <strong>of</strong> <strong>the</strong> risks involved in <strong>peace</strong> and security interventions as well as<br />
<strong>the</strong> requirement to use integrated risk management strategies, including mitigating measures.<br />
The recommendations below are largely based on financial information and compliance with expected<br />
outputs as well as interviews achieved during <strong>the</strong> <strong>evaluation</strong>. The phase II <strong>of</strong> <strong>the</strong> <strong>evaluation</strong> will<br />
provide an adequate and comprehensive picture <strong>of</strong> <strong>the</strong> APF, performance <strong>of</strong> <strong>the</strong> respective<br />
organisations, or ability to create and sustain value.<br />
Page 39 <strong>of</strong> 49
IV.1 EU FUNDING INSTRUMENTS<br />
Funding Instruments in <strong>the</strong> EU are numerous and varied. An analysis <strong>of</strong> <strong>the</strong> advantages and<br />
disadvantages to fund APF from o<strong>the</strong>r sources are considered below. Each instrument is summarised<br />
in Annex 2. A detailed summary <strong>of</strong> available EU funding instruments highlighting advantages and<br />
disadvantages for <strong>the</strong> APF is given in Annex 3.<br />
Several possibilities for <strong>the</strong> APF were considered:<br />
THE STATUS QUO:<br />
The status quo: 100% funding by EDF under <strong>the</strong> Cotonou Agreement Art. 11 and taking full advantage<br />
<strong>of</strong> <strong>the</strong> development-security nexus is analysed in Annex 3.2. The <strong>evaluation</strong> team considers this <strong>the</strong><br />
best option until <strong>the</strong> end <strong>of</strong> 2013 when <strong>the</strong> 10th EDF comes to an end, and probably also beyond that<br />
date. A higher degree <strong>of</strong> creativity may be possible after this date, to make EU funding better fitted to<br />
<strong>the</strong> needs <strong>of</strong> African-led PSOs.<br />
THE NEW EEAS AND THE CFSP/ESDP BUDGET<br />
The new EEAS and <strong>the</strong> CFSP/ESDP budget might not replace or <strong>of</strong>fer substantial funding to APF in<br />
<strong>the</strong> short run due to legal and o<strong>the</strong>r obstacles (such as African ownership, financial capacity, political<br />
willingness,). A<strong>part</strong> from <strong>the</strong> APF, only CFSP provides an opportunity <strong>of</strong> EU funding to certain military<br />
costs. This highlights <strong>the</strong> originality <strong>of</strong> APF. Annex 3.3. provides detailed analysis.<br />
It is too early to know how EU foreign policy will evolve, but APF should certainly become a <strong>part</strong> <strong>of</strong><br />
EEAS policy-making in Africa as soon as <strong>the</strong> new service shows clear added value. The EEAS may<br />
slowly move <strong>the</strong> ideas <strong>of</strong> MS in <strong>the</strong> direction <strong>of</strong> a CFSP modification that removes (substantial) PSO<br />
funding from <strong>the</strong> APF. In exchange for a less direct influence over <strong>the</strong> use <strong>of</strong> short-term funds, Council<br />
could approve longer-term funding in order to generate higher impact and better results in support to<br />
clear strategic objectives; and this could be <strong>part</strong> <strong>of</strong> a process for bringing Council and Commission<br />
planning systems into harmony.<br />
Funding African PSOs under <strong>the</strong> CFSP budget is possible, but it would require substantial<br />
modifications. One operational advantage emerges from this option: in <strong>the</strong>ory at least, it may be easier<br />
to create synergies if all <strong>the</strong> EU instruments and budgets are brought into a single policy-making<br />
structure. However, <strong>of</strong>ficials admit that systemic synergies are unlikely to emerge even within <strong>the</strong><br />
EEAS: cooperation and synergy inside <strong>the</strong> EU system are achieved through individual efforts and<br />
initiatives as well as goodwill <strong>of</strong> colleagues working with o<strong>the</strong>r instruments. Many <strong>of</strong> <strong>the</strong> opportunities<br />
for synergy are created at <strong>the</strong> regional or country levels (sometimes when <strong>of</strong>ficials from Brussels are<br />
visiting EU Delegations in Africa or vice versa); o<strong>the</strong>rs emerge in Brussels, but most <strong>of</strong>ten when <strong>the</strong><br />
same Division manages different instruments. The EEAS should bring greater coherence to <strong>the</strong> overall<br />
structure <strong>of</strong> foreign and CFSP policies.<br />
OTHER PARTS OF EU BUDGET:<br />
O<strong>the</strong>r <strong>part</strong>s <strong>of</strong> EU budget, including DCI and IfS (and even ENPI in North Africa), could contribute<br />
small amounts <strong>of</strong> funding in specific cases, but none <strong>of</strong> <strong>the</strong>se instruments is designed for a continental<br />
or regional programme in Africa, nor for African ownership and Africa-led military operations. They are<br />
discussed in Annex 3.6.<br />
Both <strong>the</strong> Instrument for Stability (IfS) and <strong>the</strong> CFSP are fairly modest in size compared to <strong>the</strong> EDF.<br />
Even though <strong>the</strong> CFSP has more than doubled in size in <strong>the</strong> past five years, its current levels <strong>of</strong><br />
funding would not enable to handle an instrument such as APF in terms <strong>of</strong> size. Even <strong>the</strong> larger IfS is<br />
only one tenth <strong>of</strong> EDF size and suffers from a number <strong>of</strong> legal constraints. The Cotonou Agreement<br />
and intergovernmental structure <strong>of</strong> <strong>the</strong> <strong>European</strong> Development Fund appear to involve a series <strong>of</strong><br />
advantages.<br />
Page 40 <strong>of</strong> 49
At first sight, <strong>the</strong> Instrument for Stability seems to be a potential <strong>part</strong>ner for APF. Yet, <strong>the</strong> analysis<br />
reveals too many legal and procedural discrepancies to make this feasible. IfS has grown to be more<br />
valuable, moving from <strong>the</strong> small, six-month Rapid Reaction Mechanism to a substantial instrument<br />
with crisis response capacity and 18-month (extendable) interventions. But <strong>the</strong> restrictions on time, its<br />
global mandate and <strong>the</strong> impossibility to fund anything but ‘military’ actions give <strong>the</strong> IfS a pr<strong>of</strong>ile that is<br />
very different from <strong>the</strong> long-term, sustainable, pan-Africanist APSA and PSO-oriented APF. However,<br />
procedural innovations are developed by IfS, which, if applied to APF, would make it a more flexible<br />
and efficient instrument. These are explained in more detail in Annex 3.4.<br />
THE ATHENA DECISION,<br />
The ATHENA Decision presented in Annex 3.5, <strong>of</strong>fers EU MS an innovative military funding<br />
mechanism outside <strong>the</strong> EU budget. It could possibly be adapted to create an A<strong>the</strong>na mechanism for<br />
Africa. However, significant changes to <strong>the</strong> existing model would be necessary to ensure ‘predictable<br />
funding’ (A<strong>the</strong>na is funded annually on a needs-basis) and allow for African leadership. The A<strong>the</strong>na<br />
Decision is <strong>the</strong> odd-one-out in <strong>the</strong> list, used by EU MS to create a mechanism outside <strong>the</strong> EU budget,<br />
for <strong>European</strong>-led military operation funding on an annual budget basis. Its potential magnitude,<br />
flexibility and military components make it an attractive option to fund or replace APF funding <strong>of</strong> PSOs,<br />
but it may be difficult to adapt it to African use because AU administrative management and control<br />
procedures are still weak. However, <strong>the</strong> A<strong>the</strong>na Decision demonstrates EU MS creativity in<br />
responding to security needs.<br />
VOLUNTARY CONTRIBUTIONS FROM EU MS<br />
Under annex II <strong>of</strong> <strong>the</strong> APF regulations, when one PSO requests additional APF funds, <strong>the</strong> EC can ask<br />
Member States for additional voluntary contributions. This has been done in <strong>the</strong> past, as an innovation<br />
under <strong>the</strong> 9 th EDF (when eight MS contributed to AMIS). By <strong>the</strong>ir very nature, however, AVCs cannot<br />
be considered as ‘predictable and sustainable funding’.<br />
The fact that several EU MS have established <strong>the</strong>ir own P&S funds (Italy, Spain, Denmark) points to<br />
<strong>the</strong> political nature <strong>of</strong> support to African Peace and Security efforts as well as a certain reluctance<br />
among certain EU member states to put all <strong>of</strong> <strong>the</strong>ir eggs in one basket. Coherence and synergy<br />
should start within <strong>the</strong> EU. The existence <strong>of</strong> small, rival, bilateral APFs seems inconsistent, now that<br />
<strong>the</strong> EEAS has been set in motion to bring coherence to EU foreign policy in Africa. This is discussed in<br />
Annex 3.7.<br />
MIXED OPTIONS:<br />
It would be possible to cobble toge<strong>the</strong>r a combination <strong>of</strong> EDF financing <strong>of</strong> ‘s<strong>of</strong>t elements’ (i.e. nonmilitary<br />
expenses) if EU MS decided to abandon <strong>the</strong> development-security nexus and refuse EDF<br />
funds for PSOs. In this case, some ad hoc CFSP funding (for military hardware and/or big PSOs)<br />
might be possible. However, no EU funding instrument, a<strong>part</strong> from APF, would include African<br />
ownership and African leadership in military <strong>peace</strong> operations.<br />
THE DCI BUDGET<br />
The DCI Budget <strong>of</strong> €16.9 billion for <strong>the</strong> period 2007-2013, is more substantial than o<strong>the</strong>r CFSP or IfS<br />
budgets. The APF could be included if <strong>the</strong> rules allowed DCI to fund APF activities and APSA. Yet, <strong>the</strong><br />
PSO <strong>part</strong> cannot be covered under DCI rules. Actions such as capacity building (non-military),<br />
mediation, Early Response Mechanism, early warning, conflict management and <strong>the</strong> Panel <strong>of</strong> <strong>the</strong><br />
Wise could possibly be funded under DCI, which can <strong>of</strong>fer assistance in post-crisis situations and to<br />
fragile States and fund international organisations. It is unlikely that such a change would add any<br />
significant added value, however Annex 3.6. provides a detailed summary <strong>of</strong> <strong>the</strong> possibilities for DCI<br />
and Mixed Options.<br />
Page 41 <strong>of</strong> 49
CREATING A NEW APF, EU MS OR MULTI-NATION PARTNERSHIP INSTRUMENT<br />
This is ano<strong>the</strong>r option for post-2013 funding if EU MS decided to take APF out <strong>of</strong> <strong>the</strong> 11 th EDF Annex<br />
3.7. considers <strong>the</strong> advantages and disadvantages <strong>of</strong> creating a new EU instrument.<br />
IV.2 POSSIBLE AU SOURCES OF CO-FUNDING FOR APF-FUNDED ACTIVITIES<br />
Locating <strong>the</strong> APF within <strong>the</strong> African Union and possible funding sources from AU pillars (EDF<br />
and non-EDF possibilities)<br />
AU<br />
Peace and<br />
security<br />
APF<br />
Capacity<br />
Building<br />
Institutional streng<strong>the</strong>ning<br />
Capacity development<br />
Economic<br />
Development<br />
Common Defense and Security<br />
Policy<br />
Governance<br />
Gender<br />
Shared values<br />
Figure 1<br />
ADDITIONAL AU FUNDING<br />
Theoretically, <strong>the</strong> EU (whe<strong>the</strong>r through APF or not) might co-finance APSA and PSOs where <strong>the</strong> main<br />
funding would originate in a Peace Facility <strong>of</strong> <strong>the</strong> AU. The latter might be made up <strong>of</strong> <strong>the</strong> African<br />
Peace Fund, AU PS budget, special contributions from AU MS, or a supplementary ‘basket’ <strong>of</strong> AU<br />
funds by third-country funders such as Japan, China, India, Brazil and Turkey or certain Arab States.<br />
The AU currently hasn’t such funds at its disposal, and <strong>the</strong> <strong>evaluation</strong> sees no realistic likelihood <strong>of</strong><br />
<strong>the</strong>ir significant emergence in <strong>the</strong> foreseeable future. 50 However, <strong>the</strong>re may be a benefit in placing <strong>the</strong><br />
issue on <strong>the</strong> agenda <strong>of</strong> <strong>the</strong> JCC, in <strong>the</strong> context <strong>of</strong> <strong>the</strong> continuing EU-AU Political Dialogue, to study<br />
what measures <strong>the</strong> EU or APF might be able to take to facilitate <strong>the</strong> creation <strong>of</strong> a viable <strong>peace</strong> <strong>facility</strong><br />
– or streng<strong>the</strong>n <strong>the</strong> Peace Fund - within <strong>the</strong> AU.<br />
The subject <strong>of</strong> sustainable funding beyond APF has been extensively discussed between AU and<br />
donor <strong>part</strong>ners (see for example <strong>the</strong> Annual Consultation <strong>of</strong> June 2008 – text box below). The UNmandated<br />
Prodi Panel considered a number <strong>of</strong> funding options, without reaching a definitive<br />
conclusion. A number <strong>of</strong> potential funders are looking at ‘complementary <strong>peace</strong> facilities.’<br />
50 In January 2011, China announced that it would give $30m to <strong>the</strong> AU, for AMISOM. This fairly modest sum<br />
should be seen in <strong>the</strong> 2011 context <strong>of</strong> <strong>the</strong> EU allocating an additional €300m to <strong>the</strong> APF.<br />
Page 42 <strong>of</strong> 49
In <strong>the</strong> short term, this <strong>evaluation</strong> recommends <strong>the</strong> creation <strong>of</strong> a ‘common funding basket’ led by <strong>the</strong><br />
AU and supported by <strong>the</strong> EU. The procedures for such an institution could initially follow <strong>the</strong> model <strong>of</strong><br />
a UN Trust Fund, since <strong>the</strong> AU has not yet proved that is has <strong>the</strong> capacity to manage such a ‘funding<br />
basket’. These various initiatives are considered something <strong>of</strong> ‘a moving target’ based on a shopping<br />
list <strong>of</strong> possibilities; <strong>the</strong>y are discussed in more detail in Annex 3.8.<br />
Agreement for a working group about a new Peace Facility<br />
16. Partners agreed that <strong>the</strong> ongoing dialogue between <strong>the</strong> AU and <strong>part</strong>ners on all aspects <strong>of</strong><br />
achieving sustainable funding for AU <strong>peace</strong>keeping operations should be intensified, including<br />
effective follow-up to <strong>the</strong> conclusions reached during <strong>the</strong> May 2007 Consultation on <strong>the</strong><br />
establishment <strong>of</strong> an AU-G8++ Working Group to look into <strong>the</strong> possibility <strong>of</strong> <strong>the</strong> establishment <strong>of</strong> a<br />
Peace Facility Complementary to APF.<br />
Annual Consultation between <strong>the</strong> AU - Regional Economic Communities, Regional Mechanisms for<br />
Conflict Prevention, Management and Resolution, <strong>the</strong> G8 Member Countries, and o<strong>the</strong>r Partners,<br />
Addis Ababa, 13 June 2008.<br />
SUPPLEMENTARY UN FUNDING<br />
UN funding for APSA remains a long-term option in terms <strong>of</strong> UN DPKO funds. The APF has emerged<br />
as <strong>the</strong> specific long-term <strong>part</strong>ner <strong>of</strong> APSA, which is a very different ambition from merely ‘running<br />
<strong>peace</strong> keeping operations’. The JAES and <strong>the</strong> choice <strong>of</strong> APF to support and build APSA follows a<br />
long-term strategic vision that was shared by Commissioners Poul Nielson and Said Djinnit for <strong>the</strong> AU<br />
Peace and Security Architecture. This vision has suffered to some extent from <strong>the</strong> rising cost and<br />
management demands <strong>of</strong> PSOs. It could perhaps be argued that APF procedures have created a<br />
demand for PSOs at <strong>the</strong> expense <strong>of</strong> <strong>the</strong> long-term vision <strong>of</strong> APF to build lasting, pan-African<br />
institutions. In this perspective, UN funding is not an alternative to EU’s commitment to African<br />
development expressed in <strong>the</strong> JAES. UN ideas for funding were discussed by <strong>the</strong> Prodi Panel - see<br />
Annex 3.9.<br />
An African CSO perspective on <strong>the</strong> APF<br />
Current PSOs deal more with <strong>the</strong> symptoms <strong>of</strong> African conflict than with <strong>the</strong>ir causes.<br />
There is a feeling in Africa, expressed most forcefully by representatives <strong>of</strong> CSOs interviewed, that <strong>the</strong><br />
international community and <strong>the</strong> UN are sidestepping <strong>the</strong>ir responsibilities with regard to P&S by asking <strong>the</strong><br />
AU to handle <strong>the</strong> continent’s most difficult conflicts.<br />
Many cases <strong>of</strong> <strong>peace</strong>keeping in Africa would more appropriately be dealt with by <strong>the</strong> UN. Instead, ‘African<br />
Ownership’ is raised as a reason for leaving <strong>the</strong>m to <strong>the</strong> AU which does not yet have <strong>the</strong> necessary<br />
capacities. Peace and security in Africa are important for <strong>European</strong> security as well as for Africa, while<br />
human security doctrine places an obligation on <strong>the</strong> international community to intervene. PSOs should<br />
<strong>the</strong>refore be seen as an international public good.<br />
APF was originally created on <strong>the</strong> precept that <strong>the</strong> UN would run PSOs, with <strong>the</strong> AU gradually taking over<br />
once <strong>the</strong> “heavy lifting had been done” and conditions had stabilised. Darfur showed that AU troops can be<br />
deployed quickly and more cheaply, and <strong>the</strong> philosophy inverted.<br />
There are a number <strong>of</strong> possible patterns where EU budgets could intervene – or where it could<br />
possibly intervene if <strong>the</strong> regulations currently in force were modified. EU MS have <strong>the</strong> power to<br />
change any or all <strong>of</strong> <strong>the</strong>se instruments and budgets – or to create new ones - if <strong>the</strong>y so decide. The<br />
following table presents a brief assessment <strong>of</strong> <strong>the</strong> current position.<br />
Page 43 <strong>of</strong> 49
IV.3 SUMMARY OF THE ANALYSIS OF SELECTED EU FUNDING MECHANISMS AND<br />
COMPATIBILITY WITH APF<br />
APF support to PSOs<br />
could come from here<br />
APF support to APSA<br />
could come from here<br />
Complementary<br />
funding for<br />
AU/APSA<br />
EDF (inside which is APF) Yes Yes<br />
Peace-building<br />
support /synergy<br />
Eur. Neighbourhood &<br />
Partnership Instr. (ENPI)<br />
No<br />
<br />
(possibly in North Africa)<br />
Yes<br />
(only North Africa)<br />
Development Cooperation<br />
Instrument DCI (formerly<br />
DCEC)<br />
No Yes Yes<br />
Instrument for Stability<br />
No<br />
Yes – SSR, support to<br />
AU <strong>peace</strong> building and<br />
mediation [ERM could be<br />
shifted here]<br />
Yes<br />
Common foreign and security<br />
policy budget<br />
No Yes Yes<br />
A<strong>the</strong>na mechanism <strong>of</strong> CFSP Possibly Possibly No<br />
CSDP <strong>of</strong> CFSP Possibly Possibly Possibly<br />
O<strong>the</strong>r (humanitarian aid,<br />
macro-financial assistance<br />
No Possibly Possibly<br />
AU Co-Funding Yes Yes Yes – from AU MS<br />
New special instrument for<br />
voluntary EU MS<br />
contributions<br />
Yes Yes Possibly<br />
UN funding for AU PSOs No No Yes<br />
IV.4 RECOMMENDATIONS<br />
On balance – and it is only after careful consideration <strong>of</strong> <strong>the</strong> pros and cons <strong>of</strong> EU instruments, politics<br />
and laws, <strong>the</strong> <strong>evaluation</strong> sees greater advantage for APF to work towards improving <strong>the</strong> status quo<br />
inside EDF ra<strong>the</strong>r than undertaking major changes. It seems that APF can yield greater benefit from<br />
inside <strong>the</strong> EDF, provided that <strong>the</strong> procedures can be streamlined to streng<strong>the</strong>n APSA as a whole. EDF<br />
<strong>of</strong>fers wider opportunities for African leadership and synergistic development <strong>of</strong> <strong>peace</strong> and security –<br />
and o<strong>the</strong>r JAES <strong>part</strong>nerships – than <strong>the</strong> alternative scenarios.<br />
IV.4.1<br />
FUNDING RECOMMENDATIONS IN A POLITICAL CONTEXT<br />
The <strong>evaluation</strong> is sympa<strong>the</strong>tic to arguments supporting <strong>the</strong> ‘development-security nexus’ and<br />
recommends that <strong>the</strong> APF continue to be funded under <strong>the</strong> EDF.<br />
The <strong>evaluation</strong> recommends that APF redefine its role and procedures, to define itself as <strong>the</strong> principal<br />
funding <strong>part</strong>ner <strong>of</strong> APSA in all its components. Significant pillars <strong>of</strong> APSA may not have received<br />
adequate attention.<br />
Page 44 <strong>of</strong> 49
The <strong>evaluation</strong> recommends earmarks for each APSA pillar, as a more even procedural and financial<br />
balance is needed to develop AU policy and protect <strong>the</strong> component <strong>part</strong>s <strong>of</strong> APSA: allocating greater<br />
resources to <strong>the</strong> AU’s early-warning-early-intervention, mediation and conflict management tools.<br />
Entry strategies should be rethought and redesigned, to ease and lower <strong>the</strong> price <strong>of</strong> exit strategy<br />
negotiations.<br />
Locating <strong>the</strong> APF within <strong>the</strong> 10 th EDF (to 2013) with possible funding sources<br />
EU (EDF)<br />
AU<br />
EU MS<br />
Voluntary<br />
Contributions<br />
Military<br />
Equipment<br />
Support to<br />
PSOs<br />
Public<br />
Information<br />
Streamlined<br />
Procedures<br />
AU MS<br />
Voluntary<br />
Contributions<br />
Military Equipment<br />
Support to PSOs<br />
Liaison Offices<br />
APF<br />
Support from AU<br />
Pillars: CB, CDSP,<br />
Governance, Gender,<br />
Institutional<br />
Streng<strong>the</strong>ning,<br />
Capacity<br />
Development, Panel<br />
<strong>of</strong> <strong>the</strong> Wise, CEWS,<br />
Mediation Unit<br />
NIPs/RIPs<br />
ASF Mediation<br />
Liaison Offices<br />
Centre <strong>of</strong> Excellence<br />
UN MS Voluntary<br />
Contributions<br />
Military Equipment<br />
Support to PSOs<br />
UN<br />
Figure 2<br />
IV.4.2<br />
SHORT-TERM OPTIONS FOR APF FUNDING<br />
The <strong>evaluation</strong> perceives three ways in which – under <strong>the</strong> current funding regime - <strong>the</strong> APF’s funding<br />
structures could be adjusted to ensure that <strong>the</strong> Overall and Specific Objectives <strong>of</strong> APF are better<br />
achieved, drawing greater efficiency <strong>of</strong> <strong>the</strong> EU’s funding instruments, getting <strong>the</strong> best value-for-money<br />
from APF resources and promoting synergy with EU MS:<br />
Redefining <strong>the</strong> roles <strong>of</strong> NIP, RIP and APF to ensure minimal overlap and maximum<br />
complementarity. More than one <strong>of</strong> <strong>the</strong> interviewed EU MS representatives raised<br />
concerns about <strong>the</strong> overall delivery and results <strong>of</strong> <strong>the</strong> APF that might be impeded because<br />
most <strong>of</strong> <strong>the</strong> programme design and fund disbursement in Brussels. Most <strong>of</strong> <strong>the</strong> APF<br />
programmes are also centrally managed; implementation responsibilities should be<br />
decentralised to EU Delegations for all non-PSO components <strong>of</strong> <strong>the</strong> APF. A number <strong>of</strong><br />
P&S issues, such as piracy, terrorism, transnational organised crime and drug trafficking<br />
where dynamics are very specific to certain regions are perhaps best dealt with by <strong>the</strong><br />
RECs. Not all RECs have strong P&S pillars and SADC for example only accepts EU<br />
funding for its <strong>peace</strong> and security actions, through <strong>the</strong> African Union. Never<strong>the</strong>less, better<br />
co-ordination between RECs and <strong>the</strong> AU is desirable, with <strong>the</strong> EU funding requests from<br />
<strong>the</strong>se institutions to <strong>the</strong> RIPs or NIPs. Annual Steering Committee Meetings attended by<br />
AU/RECs/EU should be used to define respective responsibilities and determine funding<br />
needs. Additionally, <strong>the</strong>re may be merit in having bi-annual meetings, to better follow <strong>the</strong><br />
Page 45 <strong>of</strong> 49
disbursement <strong>of</strong> funds and identify inefficiencies, overlaps and gaps that can be<br />
streamlined. This will allow APF to position itself more clearly as <strong>the</strong> primary <strong>part</strong>ner <strong>of</strong><br />
APSA. The box below illustrates this point with a case study where both RECs and <strong>the</strong> AU<br />
could have benefitted from closer co-ordination.<br />
Re-establishing a balance between <strong>the</strong> <strong>part</strong>s <strong>of</strong> APSA, making better use <strong>of</strong> resources<br />
allocated to <strong>the</strong> early-warning-early-intervention, mediation and conflict management<br />
functions. In <strong>the</strong> longer term, this may reduce <strong>the</strong> demands <strong>of</strong> funding <strong>of</strong> expensive<br />
conflict prevention and PSO interventions. APSA long-term policies and institution building<br />
have not received adequate prioritisation at <strong>the</strong> political level, perhaps hampered by <strong>the</strong><br />
urgency <strong>of</strong> <strong>the</strong> need to fund PSOs. Key elements <strong>of</strong> APSA are not functioning as<br />
envisaged. Promoting cost-effective conflict management processes will streng<strong>the</strong>n AU<br />
and RECs as institutions contributing effectively to <strong>peace</strong> and security.<br />
NIP and APF. The <strong>evaluation</strong> recommends that <strong>the</strong> ‘slicing’ precedent <strong>of</strong> 1st APF should<br />
be re-introduced. By receiving an allocation from each AU MS representing a ‘slice’ <strong>of</strong><br />
<strong>the</strong>ir NIP, <strong>the</strong> APF will bring greater African ownership to <strong>the</strong> Facility as <strong>the</strong> political will be<br />
generated from both AU and EU MS. This will involve negotiations and require<br />
commitment from all EU Delegations and AU MS. It will also streng<strong>the</strong>n AU member<br />
states’ ‘buy-in’ and link <strong>the</strong> AU <strong>of</strong>ficials in PSOD more closely to <strong>the</strong> political decisionmaking<br />
<strong>of</strong> <strong>the</strong> elected 15-nation PSC. AU MS commitment to APSA and to <strong>the</strong> AU can<br />
only be enhanced. A co-funding arrangement will free financial resources for <strong>the</strong> APF and<br />
ensure that regular and sustainable funds are available. That said, an issue needs to be<br />
considered if this option is pursued: What aid modalities and implementing procedures<br />
should <strong>the</strong> NIPs use to effectively support <strong>the</strong> regional aspects <strong>of</strong> APSA and specific<br />
<strong>peace</strong> and security-initiatives<br />
RIP and REC. APF coordination has been fairly effective with RIPs. Consultations with<br />
<strong>of</strong>ficials in <strong>the</strong> ECCAS, ECOWAS, SADC, IGAD and EAC regions lead <strong>the</strong> <strong>evaluation</strong> to<br />
<strong>the</strong> conclusion that APF should focus on <strong>the</strong> AU and APSA, leaving <strong>the</strong> RECs to be<br />
funded by RIP. RECs currently appear well funded. The absorptive capacity <strong>of</strong> RECs may<br />
impose limitations to absorb all <strong>the</strong> financial resources at <strong>the</strong>ir disposal (including bilateral<br />
arrangements), whereas APF resources are over-stretched by <strong>the</strong> demands <strong>of</strong> PSOs.<br />
Moreover, APSA support should entail direct support to o<strong>the</strong>r actors than just <strong>the</strong> AU as<br />
mentioned elsewhere in <strong>the</strong> <strong>evaluation</strong>.<br />
Lack <strong>of</strong> Synergy between RECs and <strong>the</strong> APF<br />
Under <strong>the</strong> 10 th EDF a Regional Strategy Paper (RSP) was signed between <strong>the</strong> EU and <strong>the</strong> Eastern and<br />
Sou<strong>the</strong>rn African Region - COMESA/IGAD/EAC/Indian Ocean Community(IOC). This is a grouping <strong>of</strong><br />
RECs with many overlapping memberships. The RSP had two main focal areas: P&S and Trade, with a<br />
smaller component for Co-ordination and functional co-operation, making a total <strong>of</strong> €645m.<br />
€80m was allocated to P&S. IGAD took <strong>the</strong> lead in P&S. Responsibility is allocated to a REC based on<br />
regional capacity. Initially €5m <strong>of</strong> <strong>the</strong> P&S funding was allocated in <strong>the</strong> first phase, towards a ‘Regional<br />
Human Security Governance Programme’ led by EAC.<br />
None <strong>of</strong> <strong>the</strong> remaining funds have been used for to date, although IGAD has been preparing a programme<br />
on Maritime Security.<br />
Under <strong>the</strong> 9 th EDF COMESA had a component to deal with war economies. Pressured by outside actors,<br />
including <strong>the</strong> EU during <strong>the</strong> 10 th EDF, COMESA decided to do something on piracy. No research was done<br />
on this. The initiatives came from <strong>the</strong> EU.<br />
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Lack <strong>of</strong> Synergy between RECs and <strong>the</strong> APF<br />
Meanwhile IGAD already had a maritime strategy in place, and at <strong>the</strong> same time <strong>the</strong> IOC was under<br />
pressure to deal with piracy in <strong>the</strong> waters <strong>of</strong> Mauritius. Since <strong>the</strong> IOC had no capacity to do this <strong>the</strong>y asked<br />
COMESA to take over. Individual member states were supposed to come up with additional ideas <strong>of</strong> what<br />
to fund in P&S.<br />
This demonstrates a situation where <strong>the</strong> APF has activities but struggles with funding, whilst <strong>the</strong> RECs<br />
have funds but struggle to find activities. The EU has funding instruments like APF and EDF, as well as IfS<br />
and CFSP, but struggles to define a coherent long-term policy into which <strong>the</strong>y can all be integrated.<br />
Since <strong>the</strong> AU sits on <strong>the</strong> Inter-Regional Co-ordinating Committee (IRCC), it should know what <strong>the</strong> linkages<br />
are. Clearly a better mechanism is required for improved co-ordination, identification <strong>of</strong> activities, fewer<br />
overlaps and gaps. Instrument-led policy leads to poorly allocated funds imposing responsibilities on<br />
institutions that are ill-prepared to utilise <strong>the</strong> funds effectively.<br />
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/acp/dv/eastafrica_/eastafrica_en.pdf<br />
Institutions/<br />
Instruments that<br />
could be created<br />
ATHENA - Africa<br />
Institutions/<br />
Instruments that<br />
need legal<br />
framework or<br />
procedural<br />
modifications<br />
IfS<br />
Locating <strong>the</strong> APF after <strong>the</strong> 10 th EDF (2014- ) with possible funding sources<br />
UN<br />
UN MS Voluntary and Assessed Contributions, Military Equipment support to PSOs, Reimbursements to TCCs<br />
African Peace<br />
Fund<br />
Capacity Development<br />
Panel <strong>of</strong> <strong>the</strong> Wise<br />
Mediation Unit<br />
CB, ERM, ASF<br />
CEWS<br />
EWS<br />
AU<br />
RIPs<br />
NIPs<br />
AP<br />
EDF<br />
CB, Governance, Gender,<br />
Institutional Streng<strong>the</strong>ning<br />
Centres <strong>of</strong><br />
Excellence<br />
Liaison Offices,<br />
Mediation<br />
Streamlined<br />
Procedures<br />
Capacity<br />
Development<br />
Streng<strong>the</strong>ning JAES<br />
Third Party Countries<br />
Centres <strong>of</strong> Excellence,<br />
Military Equipment support to<br />
PSOs, PSOs, CB, CDSP,<br />
CEWS, Governance, Gender<br />
Institutional Streng<strong>the</strong>ning,<br />
Capacity Development,<br />
African Peace Fund, Peace-<br />
Building, DDR, SSR, Panel <strong>of</strong><br />
<strong>the</strong> Wise, Mediation Unit<br />
EU MS Bilateral Fund<br />
Centres <strong>of</strong> Excellence, Peace<br />
Building, DDR, SSR,<br />
Governance, Gender<br />
CFSP AU MS and EU MS<br />
DCI<br />
ENPI<br />
Voluntary contributions,<br />
Military Equipment support to<br />
PSOs, Public Information,<br />
Liaison Offices<br />
Figure 3<br />
IV.4.3<br />
LONG-TERM OPTIONS FOR FUNDING APF<br />
If <strong>the</strong> EDF were incorporated into <strong>the</strong> EU budget (as some – but not all – EU MS suggest) <strong>the</strong>n <strong>the</strong><br />
funding <strong>of</strong> ‘military support operations’ would no longer be possible under existing EU rules, and Art.11<br />
<strong>of</strong> <strong>the</strong> Cotonou Agreement would no longer apply (at least according to some legal interpretations <strong>of</strong><br />
this hypo<strong>the</strong>tical situation).<br />
Page 47 <strong>of</strong> 49
In that case, one possible alternative funding solution for <strong>the</strong> APF would be <strong>the</strong> CFSP - <strong>the</strong> only<br />
budget with ‘military support’ possibilities - with additional complementary funding from DCI for <strong>the</strong><br />
non-PSO and non-ASF <strong>part</strong>s <strong>of</strong> APSA. Never<strong>the</strong>less, under <strong>the</strong> CFSP as currently constituted, Africaled<br />
operations appear problematic and current CFSP procedures seem unlikely to support <strong>the</strong> EU’s<br />
African policy based on JAES <strong>part</strong>nerships and increasing African ownership.<br />
If <strong>the</strong> EDF were to be absorbed under <strong>the</strong> EU budget, <strong>the</strong> APF could only fit into <strong>the</strong> CFSP, but this<br />
would be tricky, even with complementary funding from DCI. For <strong>the</strong> APF to successfully fit into <strong>the</strong><br />
CFSP, while maintaining <strong>the</strong> JAES <strong>part</strong>nership strategy and respecting <strong>the</strong> Paris Declaration <strong>of</strong> 2005<br />
and <strong>the</strong> Accra Agenda, would require <strong>the</strong> Council to adjust <strong>the</strong> mandate and tools <strong>the</strong> CFSP.<br />
The <strong>European</strong> Council is a core institution for <strong>the</strong> CFSP, given that it defines its «principles and<br />
general guidelines». Under <strong>the</strong> Amsterdam, Maastricht and Lisbon Treaties, <strong>the</strong> Council plays <strong>the</strong><br />
guiding role. The <strong>European</strong> Council adopts strategy documents such as <strong>the</strong> <strong>European</strong> security<br />
strategy. The Council uses different planning processes than <strong>the</strong> Commission, which makes<br />
coordination difficult. The Council would have to carefully consider in what way CFSP regulations<br />
should be changed in order to accommodate <strong>the</strong> needs <strong>of</strong> APF and APSA, in line with <strong>the</strong> objectives<br />
<strong>of</strong> EU foreign policy and <strong>the</strong> JAES.<br />
Moreover <strong>the</strong>re are financial constraints on <strong>the</strong> current EU budget, which may not increase by more<br />
than 4% per year. This limit may hamper <strong>the</strong> inclusion <strong>of</strong> such a large fund as <strong>the</strong> APF into <strong>the</strong> budget,<br />
at least all at once. This might very well lead <strong>the</strong> Commission, <strong>the</strong> Council and EU MS to reach a very<br />
different conclusion on <strong>the</strong> destiny <strong>of</strong> APF.<br />
For this and o<strong>the</strong>r reasons, EU MS could decide that APF should be made a separate Instrument, to<br />
be implemented by <strong>the</strong> EC. A new financial instrument with its own procedures, following <strong>the</strong><br />
precedent created by <strong>the</strong> A<strong>the</strong>na Decision, could take into account <strong>the</strong> requirements on African<br />
ownership and African led PSOs as established in APSA. The DCI, EDF, CFSP budget, and APF<br />
would <strong>the</strong>n be separate. That would require a Council Decision, but is definitely an option to be<br />
considered for implementing <strong>the</strong> EU’s Africa foreign policy and <strong>the</strong> JAES that is currently built around<br />
<strong>the</strong> construction <strong>of</strong> long-term pan-African institutions (AU, RECs).<br />
Whatever <strong>the</strong> main EU instrumental and budgetary decisions, <strong>the</strong> opportunity for AU co-funding <strong>of</strong><br />
APSA appears to bear no disadvantages. The African Peace Fund may grow and may even be<br />
incorporated into an African owned APF or – in <strong>the</strong> long term – APF might merge into <strong>the</strong> Peace Fund.<br />
The EU should study ways to advance <strong>the</strong>se long-term perspectives. The ongoing EU-AU political<br />
dialogue is <strong>the</strong> forum for <strong>the</strong>se ideas to be explored by <strong>the</strong> JCC.<br />
At this stage, <strong>the</strong> option <strong>of</strong> UN funding - following <strong>the</strong> ideas <strong>of</strong> <strong>the</strong> Prodi Panel – appears to <strong>of</strong>fer much<br />
less sustainable funding than <strong>the</strong> APF, but entails no apparent political disadvantages. A new<br />
discussion paper is expected from <strong>the</strong> Secretary General in <strong>the</strong> course <strong>of</strong> 2011, focusing on<br />
‘comparative advantage and collective security’ in making and maintaining <strong>peace</strong> in Africa. Following<br />
<strong>the</strong> publication <strong>of</strong> this paper, EU and AU MS will have a chance to discuss <strong>the</strong> mechanisms both for<br />
implementing and funding African PSOs and <strong>the</strong> various elements <strong>of</strong> APSA.<br />
Ensuring reliable funding for <strong>the</strong> African Peace Fund or – if that is <strong>the</strong> political decision – merging<br />
different existing and potential funds, create alternative possibilities for <strong>the</strong> EU to support <strong>the</strong> AU. The<br />
African Peace Fund and APF could be combined. It may ensure that African countries make a sincere<br />
effort in a critical area to development, and tentative political discussions in this sense should be<br />
engaged.<br />
Page 48 <strong>of</strong> 49
IV.4.4<br />
AFRICAN P&S FUNDING POLICIES AND IMPLEMENTATION<br />
Funding can distort priorities. In certain areas, EU Africa policy needs to be clarified for <strong>the</strong> EU policy<br />
in Africa has sometimes been funding-led and instrument-led. AU also needs to be clearer in terms <strong>of</strong><br />
purpose, and AU MS should more clearly express <strong>the</strong>ir political will. The demand-driven aspects <strong>of</strong> AU<br />
need to be corrected, so that strong negotiation can take place with funders when <strong>part</strong>ners identify<br />
<strong>the</strong>ir general areas <strong>of</strong> interest.<br />
The <strong>evaluation</strong> team endorse <strong>the</strong> following proposals from <strong>the</strong> APSA Road Map (Dec 2010), which will<br />
<strong>of</strong>fer APF new opportunities for flexibility and enhanced fund allocation to develop regional actions: <strong>the</strong><br />
EU should allow APSA related funding to be implemented through <strong>the</strong> existing procedures for<br />
interventions in crisis situations.<br />
The governance <strong>of</strong> EU support needs to be upgraded to ensure that it manages <strong>the</strong> strategic and<br />
political aspects and decide on specific priorities funded through <strong>the</strong> APF and o<strong>the</strong>r EU financial<br />
instruments (EDF, RIP and IfS). This requires two changes:<br />
‣ First, a more politically oriented EU-AUC/REC (APF) Steering Committee and<br />
‣ Second, a financial <strong>facility</strong> containing funds for short-term initiatives that help operationalise<br />
APSA.<br />
The EU could create a financial <strong>facility</strong> to finance specific, high pr<strong>of</strong>ile and incentive-based initiatives<br />
jointly agreed by <strong>the</strong> EU, AUC and RECs. Such initiatives should ideally be based on specific requests<br />
from African member states and implemented by <strong>the</strong> AUC or REC/RMs as services, goods, works and<br />
supplies. Such specific initiatives need to add value to APSA, be <strong>of</strong> cross-border nature and ideally<br />
encourage active involvement <strong>of</strong> African countries in regional or continental <strong>peace</strong> building.<br />
Page 49 <strong>of</strong> 49