Amb. Willy Nyamitwe@willynyamitwe
Excellency,
Allow me, at the outset, to welcome the more measured and analytical tone of your intervention.
On the substance, a number of clarifications need to be made.
First, the submission of the candidacy of H.E. Macky Sall was carried out by the Government of the Republic of #Burundi, in full compliance with the relevant provisions of the United Nations Charter. Established practice recognizes the prerogative of Member States to put forward candidatures, which are subsequently considered within the United Nations process. In this regard, no State is legally precluded from submitting a candidacy. You are certainly aware of this.
Second, the Decision in question cannot be reduced to an individual initiative of the Chairperson of the @_AfricanUnion (AU). It emanates from a meeting of the AU Bureau, duly convened through Note Verbale referenced CCP/OSC/A/A1/052.03.26. The Bureau, a properly mandated organ, deliberated and acted within its prerogatives. It is therefore inaccurate, as I have indicated, to portray this process as a unilateral decision by the Chairperson of the Union.
Third, it is important to recall that, pursuant to Article 6 of the Constitutive Act of the African Union, “the Assembly is the supreme organ of the Union.” As such, it remains sovereign in its decisions, including in matters relating to the endorsement of candidatures, and cannot be absolutely bound by subsidiary procedural mechanisms.
Fourth, the role of the Ministerial Committee on African Candidatures within the International System is fully acknowledged and remains essential for continental coordination. However, practice shows that certain candidatures have, at times, been advanced outside a strictly sequential application of this mechanism.
In fact, recent practice within a major international organisation demonstrates that, in the context of a re-election, a candidacy was not submitted by the State of nationality of the candidate, but was rather supported and carried forward by three African States, including #Rwanda. This precedent underscores the flexibility inherent in international practice, whereby the sponsorship of candidatures may be assumed by third States in light of prevailing political circumstances.
Fifth, the recourse to a silence procedure does not, in itself, constitute a breach of #AfricanUnion rules and regulations. On the contrary, it is an established working method within the African Union, regularly used to facilitate decision-making between formal sessions, including on sensitive matters.
In the present case, the silence procedure was not initiated unilaterally by the Chairperson of the Union, but, like I said, followed a meeting of the Bureau duly convened and mandated to consider the matter. It therefore reflects a collective process, not an individual decision.
Moreover, the silence procedure does not preclude consultation or discussion. On the contrary, it provides Member States with an opportunity to express objections within a defined timeframe.
Accordingly, while it is essential to uphold the rules, it is equally important to take into account the reality of institutional practice, as well as the margin of initiative afforded to Member States.
The debate on #Africa-n candidatures deserves to be conducted with legal rigor, but also with political discernment and in a spirit of continental unity.
I thank you