dotAfrica (.africa) the best option for Africa in cyberspace
September 7, 2017 | 0 Comments
|54 countries in Africa are now united under a single, continent-wide domain name, staying true to the Oliver Tambo and Abuja Declarations of the 1990s|
|JOHANNESBURG, South Africa, September 7, 2017/ — It is now possible to own an Internet address, or domain name, ending with .africa.
Already, more than 8000 of the continent’s and world’s biggest brands, businesses and individuals have registered for this exciting new Internet address.
Diverse organisations ranging from banks to media companies are registering .africa domain names. “Leading continental and international brands are snapping up .africa domain names because they recognise the importance of being associated with Africa’s bright future online. With many positive stories coming out of Africa, brands understand that .africa domain names are valuable virtual real estate,” says Lucky Masilela, CEO of the ZACR, the non-profit company tasked with administering the new .africa domain name on behalf of the continent.
54 countries in Africa are now united under a single, continent-wide domain name, staying true to the Oliver Tambo and Abuja Declarations of the 1990s. These written resolutions stated that ICT will be central to Africa’s future wellbeing and .africa is surely amongst the top African-led ICT initiatives of the last twenty years.
“Initiatives like .africa help harness the power of new technologies to solve old problems. .africa is unique in that it gives Africans an important sense of pride to help motivate them to achieve the very best for their continent and themselves. ZACR appeals to all Africans to take ownership of .africa, because it truly belongs to us all,” concludes Masilela.
.africa domain names are now available and anyone can register through companies listed here: http://Registry.Africa/registrars
Unlocking Solar Capital Africa conference features first Solar Power Incubator to Unlock Potential of Energy in the Region
September 7, 2017 | 0 Comments
|Phanes Group will announce the winners at Solarplaza’s event in Abidjan come October|
|ABIDJAN, Ivory Coast, September 7, 2017/ — Solaplaza’s (www.Solarplaza.com) ‘Unlocking Solar Capital Africa’ conference, an event focused on connecting solar project development and finance & investment, will be the first African event featuring a Solar Incubator program, aimed at identifying PV projects of potential in sub-Saharan Africa by providing access to funding, and commercial and technical knowledge.
The initiative, ‘The PV Solar Incubator, Your Project, Our Expertise, For a Sustainable Future,’ will be launched by Phanes Group in partnership with Solarplaza, Hogan Lovells, responsAbility, and Proparco, and invites PV developers to submit proposals for projects that are based in sub-Saharan Africa, and have a clear CSR component.
Candidates are asked to submit their proposals before October 1, 2017, via Phanes Group’s website or through the conference website. Shortlistees will be invited to pitch their projects to an expert panel at Solarplaza’s ‘Unlocking Solar Capital Africa’ conference in Ivory Coast, October 25 – 26, where the industry’s biggest players will hold extensive discussions about solutions for Africa’s solar energy funding gap.
It comes as part Unlocking Solar Capital Africa’s goal to solve Africa’s solar energy funding gap and Phanes Group’s core strategy to collaborate with Africa-focused counterparties, such as local project owners, governments, and developers on projects that seek to create a sustainable future for urban and rural communities across the sub-Saharan region.
“Clean energy has the potential to transform sub-Saharan Africa for years to come, but successfully implemented PV solar projects require a diverse mix of expertise and knowledge to bring them to financial close,” said Martin Haupts, CEO, Phanes Group. “We believe the Phanes Group Solar Incubator will leverage untapped local PV potential, and create more opportunities for local projects. Combined with our strengths in developing bankable solutions for clean, affordable energy and efforts in CSR, the incubator initiative can help to address local needs that haven’t yet been met.”
There are currently more than 620 million people in sub-Saharan Africa(www.WorldEnergyOutlook.org/africa) living without electricity, according to the International Energy Agency (IEA), which works to ensure global access to reliable, affordable and clean energy.
This initiative aims to support developers not just in the funding phase, but throughout the project development and delivery phases, to ensure important, CSR-focused projects are brought to financial close. Phanes Group, along with its partners, will provide PV developers with access to a reliable partner that will support them in reaching bankability. Through an initial incubator phase, extensive mentorship, and access to the right network, this year’s candidate will have an opportunity to roll-out a sustainable energy solution in their community, as well as develop a lasting relationship with an end-to-end, integrated solar expert.
After the winning project has been announced at the ‘Unlocking Solar Capital Africa’ event, the developers will be invited to join Phanes Group for an intensive 4-day workshop at its headquarters in Dubai, UAE. This will help lay the foundations for delivering a bankable and sustainable project.
“As dreamers of a future where everybody can have access to electricity for a fair price, initiatives focused on long-term success like the Phanes Group’s Solar Incubator are always dear to our hearts,” said Edwin Koot, Solarplaza. “Renewable energy infrastructure projects result in myriad benefits. We wish participants the best in bringing forth this ripple effect to their communities, and look forward to meeting them at the ‘Unlocking Solar Capital Africa’ conference this October,” Edwin Koot added.
More about the Solar Power Incubator
The inaugural Solar Incubator, held under the theme of ‘Your Project, Our Expertise, For a Sustainable Future’, will be supported by Solarplaza, Hogan Lovells, responsAbility, and Proparco.
The initiative aims to select and develop PV project opportunities in sub-Saharan Africa that haven’t been able to gain access to funding and necessary know-how. Corporate Social Responsibility (CSR) is an integral part of this initiative; along with the project details a solid CSR concept must be submitted and will be further developed during the incubator phase, and implemented in parallel with execution of the PV project.
The candidate of the winning project will enter a partnership with Phanes Group and hold a long-term stake in the project, collaboratively bringing it to financial close. With the incubator, Phanes Group and its partners will provide the winner with extensive mentorship and knowledge transfer throughout the project.
The deadline to submit projects for evaluation and shortlisting ends on October 1, 2017. The final selection process will take place during a live panel session in the ‘Unlocking Solar Capital Africa’ conference in Abidjan, Ivory Coast, October 25-26, 2017, where the winner will be announced. Interested candidates can submit directly on the PV Solar Incubator Competition website at www.PhanesGroup.com/incubator or on the ‘Unlocking Solar Capital Africa’ conference website at http://Africa.unlockingsolarcapital.com/solar-incubator.
Phanes Group is an international solar energy developer, investment and asset manager, strategically headquartered out of Dubai with a local footprint in sub-Saharan Africa, through its two offices in the region’s largest economies – Nigeria and South Africa.
Unlocking Solar Capital Africa is an event entirely focused on connecting solar project development and finance & investment across the entire African solar sector (On-grid Solar, micro-grids, off-grid lighting and household electrification). Unlocking Solar Capital Africa 2017 will bring together hundreds of representatives from development banks, investment funds, solar developers, IPPs, EPCs & other solar stakeholders to engage in extensive discussions to solve Africa’s solar energy funding gap – and get projects realized.
Five years on: Syngenta’s Africa ambition bearing fruit, but access to technology by small farmers remains limited
September 7, 2017 | 0 Comments
|Smallholder development projects, run in partnership with industry, academia, farmer organisations, civil society and enabled by national governments and international organizations, are crucial to achieving impact at scale|
|ABIDJAN, Ivory Coast, September 6, 2017/ —
In 2012, following the G8 in Camp David, USA, Syngenta (www.Syngenta.com) announced an ambitious ten-year growth plan for our African business. This year marks the midway point in our African growth journey. Syngenta wrote in the Wall Street Journal “the continent can be food-secure within a generation…a boon for business and humanity alike” (May 22, 2012). As we take stock, what have we achieved so far and where are the bottlenecks?
Tabitha Muthoni grows tomatoes in Utange, near Mombasa. There are more than 450 million smallholder farmers like her around the globe, most of whom have family farms of less than 2 hectares of land.
For farmers like Tabitha, increased productivity can make a big difference in their ability to support their families, send their children to school and continue investing in their fields.
Since 2016, Tabitha has been part of Mavuno Zaidi, a project by Syngenta and TechnoServe that tackles difficulties faced by potato and tomato farmers in Kenya, including access to inputs, training opportunities and post-harvest storage solutions. Farmers participating also get better linkages to local markets. “Before the program” Tabitha says, “I had tried out tomato farming but had little knowledge on the crop and its diseases, often visiting agrovets with picked leaves to explain the problems I was facing.” Now she makes $5,000 per season on her small tomato farm—an increase from $2,000—and has grown from 4 to 11 employees.
To date, Mavuno Zaidi, or “grow more” in Swahili, has helped Syngenta and TechnoServe reach over 25,000 farmers, returning an average productivity increase of 185% for those tomato farmers.
Reaching out to farmers like Tabitha is just one example of our Africa ambition.
Alexandra Brand, Syngenta’s Regional Director for Europe, Africa and Middle East, joining this week’s AGRF explains, “Our chief aim is supporting the inclusion of smallholder farmers into viable value-chains so that they produce more of what national and global markets want. We strive to transform farmer yields at scale and increase their profitability in a way that creates sustainable value.”
How does Syngenta do this exactly?
Alexandra summarizes: “Our expertise lays in bringing top-class technology and agronomic knowledge tailored to the needs of diverse growers. Recognizing that Syngenta cannot achieve these goals alone and that farmers require holistic solutions, we continue to invest in innovative partnerships. These collaborations must tackle such barriers faced by African farmers as access to inputs, inadequate financial solutions, limited produce aggregation, dysfunctional markets, skills and information gaps.”
But despite many collaborative efforts, progress is slow.
Moving Africa closer to the UN Sustainability Development Goal of “Zero Hunger” requires long-term commitment. Moreover, the food chain revolving around the smallholder remains too disjointed.
Alexandra elaborates: “We see AGRF as a springboard to build stronger partnerships with like-minded organizations who share our vision and who can complement our skills and expertise with their own.”
Smallholder development projects, run in partnership with industry, academia, farmer organisations, civil society and enabled by national governments and international organizations, are crucial to achieving impact at scale. We at Syngenta believe that only through creative and committed collaborations can farmers access the full suite of products and services they need to succeed.
Syngenta is a leading agriculture company helping to improve global food security by enabling millions of farmers to make better use of available resources. Through world class science and innovative crop solutions, our 28,000 people in over 90 countries are working to transform how crops are grown. We are committed to rescuing land from degradation, enhancing biodiversity and revitalizing rural communities.
Working across more than 50 countries in Africa and the Middle East with a team of over 3000 people, Syngenta is driving growth through local investment, capacity building and business development initiatives that aim to provide crop protection and seed technologies tailored to the specific needs of this territory’s vast potential. Our ambition is to increase large and small scale farmer’s ability to sustainably invest in agriculture, leading to dignified livelihoods and thriving rural communities.
Africa50 to Announce its New Strategy, New Investments, and New Members at its Shareholder Meeting in Dakar on September 12
September 7, 2017 | 0 Comments
CASABLANCA, Morocco, 7 September 2017, Africa50, the pan-African infrastructure investment platform, will hold its third Shareholders Meeting in Dakar on Tuesday, September 12, at 11:00 a.m. at the King Fahd Hotel.
Hosting the first such meeting in West Africa, his Excellency Macky Sall, President of the Republic of Senegal, will welcome the delegates. His Excellency Bruno Tshibala, Prime Minister of the Democratic Republic of Congo, will also attend. Dr. Akinwumi Adesina, President of the African Development Bank and Chairman of the Board of Directors of Africa50, will give a feature address, and Africa50 CEO Alain Ebobissé will provide updates on Africa50’s most recent investments and its growing investment pipeline, as well as announcing two new country shareholders. Africa50’s 23 shareholder governments will be represented by finance ministers, senior officials, and ambassadors. Distinguished members of the business community and the Senegalese government will also attend.
Delegates will review Africa50’s 2016 activities and approve its financial statements. Africa50’s Board of Directors will present the fund’s updated investment, fund-raising and capital increase strategies.
Following the event, the media is invited to a press conference with the principals at 12:30 p.m. at the hotel conference center.
Africa50 is an infrastructure investment platform that contributes to the continent’s growth by developing and investing in bankable projects, catalyzing public sector capital, and mobilizing private sector funding, with differentiated financial returns and impact.
ATA’s 41st Annual World Tourism Conference Showcases African Tourism
September 5, 2017 | 0 Comments
Kigali, Rwanda – September 5, 2017: The Africa Travel Association (ATA) hosted the 41st Annual World Tourism Conference in Kigali, Rwanda from August 28-31, 2017. The conference, which was developed to promote tourism as an engine for economic growth across Africa, was attended by H.E. Paul Kagame, President of the Republic of Rwanda, who delivered the keynote address.
Hosted in collaboration with the Rwanda Development Board (RDB), The 41st Annual World Tourism Conference attracted a select group of more than 200 public and private stakeholders in the African tourism sector including ministers of tourism, senior officials of national tourism boards from across the continent, airlines, hotels, travel agents and tour operators, as well digital platforms and service providers in the tourism industry such as TripAdvisor, Expedia, MasterCard, Tastemakers Africa, Facebook, Uber, Afro Tourism, Tourvest, and Marriott International.
In addition to President Kagame, other notable guests included Dr. Mukhisa Kituyi, UNCTAD Secretary-General, Ms. Clare Akamanzi, CEO of RDB and the United States Ambassador to Rwanda, Amb. Erica Barks Ruggles.
“Rwanda, like other countries on the continent, is keen to convert our favourable demographics into economic growth and prosperity,” said President Kagame in his keynote address. “The services sector – in particular, tourism – provides some of the best opportunities.”
Tourism is already doing well in Rwanda and the country is a strong example of how tourism can boost economic growth. The tourism sector is the country’s largest foreign exchange earner and Rwanda has liberalized its visa policies, which has led to a huge growth in tourists especially from Africa. The government is also investing heavily in infrastructure including a new airport to support a growing number of tourists. President Kagame did note however, that more could still be done to grow Rwandan tourism especially by harnessing technology and the new opportunities technological innovation can bring.
“This conference is particularly important to us, because tourism plays a key role in Rwanda’s economy,” said Ms. Clare Akamanzi, CEO of RDB, who welcomed attendees to Rwanda. According to Ms. Akamanzi, Rwanda’s tourism receipts doubled between 2010 and 2016 to more than USD $400 million.
CCA President and CEO, Ms. Florie Liser focused on the unique role ATA and CCA will play in the sector’s development “Under CCA’s new vision and leadership, I would like to affirm our commitment to continuing the promotion of sustainable development of tourism to and within Africa through new initiatives,” said Ms. Liser. One of those initiatives, ATAcademy, is a platform to support capacity building and inclusive growth for tourism professionals on the continent. The second initiative, ATA Connex, will focus on increasing investments in tourism through facilitated business-to-business and business-to-government linkages.
As part of the ATAcademy initiative, ATA hosted a series of capacity building sessions at the conference. Travel agents and tour operators attended sessions focused on North American travelers and on the tourism market and sustainability. “The United States – we are pleased to say – accounts for the single largest source of tourism in Rwanda as well as the largest single bilateral foreign direct investment country,” said U.S. Ambassador Erica Barks Ruggles.
UNCTAD Secretary-General, Dr. Mukhisa Kituyi, shared highlights of the recent UNCTAD report on African tourism, Economic Development in Africa Report 2017: Tourism for Transformative and Inclusive Growth. “The most startling and interesting discovery in our study is that by far, the fastest growing tourism in Africa is intra-African tourism,” said Dr, Kituyi. “Intra-African tourism is 12 months a year.” Over the last 10 years, intra-African tourism has grown from 34 percent to 44 percent of total African tourism revenues and is projected to be more than 50 percent in the next 10 years. Dr. Kituyi also emphasized a need to change Africa’s image perception and the importance of peace and security for tourism to thrive.
In less than 15 years, Africa’s travel and hospitality industries have quadrupled in size, and the continent remains one of the world’s fastest-growing tourist destinations, second only to Southeast Asia. The 41st World Tourism Conference featured more than 20 in-depth plenaries and breakout sessions with industry experts and professionals to discuss the latest trends and insights in African tourism and how best to grow the continent’s market share.
This year was the first time ATA’s Tourism Conference was hosted in Rwanda. The conference aligned with Kwita Izina, Rwanda’s annual gorilla naming ceremony, a national celebration creating awareness of the country’s efforts to protect the jewel of Rwanda’s tourism crown: the mountain gorillas and their habitat.
About the Africa Travel Association
Established in 1975, The African Travel Association serves both the public and private sectors of the international travel and tourism industry. ATA membership comprises African governments, their tourism ministers, tourism bureaus and boards, airlines, cruise lines, hotels, resorts, front-line travel sellers and providers, tour operators and travel agents, and affiliate industries. ATA partners with the African Union Commission (AU) to promote the sustainable development of tourism to and across Africa.
About the Corporate Council on Africa
Corporate Council on Africa (CCA) is the leading U.S. business association focused solely on connecting U.S. and African business interests. CCA serves as a neutral, trusted intermediary connecting its member firms with the essential government and business leaders they need to do business and succeed in Africa.
*Courtesy of CCA
IOX Cable announces its plans to connect La Reunion
September 5, 2017 | 0 Comments
PORT LOUIS, Mauritius, 5 September 2017– IOX Cable today announced that they will be expanding their reach to now Include La Reunion as part of its construction of a new state of the art Submarine Cable System. This initiative is an expansion to the planned IOX cable system to connect South Africa to India and Asia. This connectivity will offer new routes and redundancy between La Reunion, South Africa and India.
Through this expansion IOX will further its regional strategy of promoting regional economic development across the Indian Ocean Islands by offering them with not only open access to abundant capacity but also state of the art products and services. These new products and services will enable operators to leverage the IOX infrastructure, its Internet of Things capabilities and get access other value added services such as cloud computing and unified communications
Commenting on this announcement, Anup Gupta, Chief Sales & Marketing Officer of IOX Cable said: “We are seeing robust demand from network, cloud and content providers looking to leverage our regional position to access the African and Asian markets through our state of the art submarine cable system. By offering robust connectivity to these regions and providing them with seamless direct connectivity to South Africa and Asia, we will support the needs of key regional operators looking to expand and access these regional economic centers, thus keeping our promise to be the Digital Enabler for the region.”
IOX Cable Ltd is a Mauritius registered company having executives with experience in submarine cable building in Africa, Asia, and the Middle East. IOX Cable Ltd is collaborating and connecting with the submarine telecommunications industry in its quest for better technology, connectivity, cost effective operations and maintenance by providing turnkey solutions to design, build, operate & maintain submarine cable systems. For more information, please visit www.iox.mu
*Courtesy of Africa Media Agency
RAILA ODINGA: THE CONFLICTING PERSONALITY OF AN ELECTION PETITION WINNER
September 3, 2017 | 0 Comments
By Chief Charles A. Taku*
Honourable Raila Omolo Odinga, the controversial and polarizing Kenyan opposition politician is a conflicted personality. He is a career politician and civil society political activist combined. These qualities make him unmistakably the Lakayana of Kenyan politics. While both qualities may on occasion advance his diverse political objectives, they often collide at critical moments in his political life making the attainment of his political ambition elusive.
These qualities make him complex; even mesmerizing. Those who love and adore him, do so passionately. Those who abhor and distrust him do so passionately in equal measure. He is unmistakably a polarizing personality in dire need of political power in a country in need of a uniting leader.
During the last election which earned Uhuru Kenyatta his first presidential mandate, Philip Ochieng, one of the most respected journalists in Kenya, wrote in the Sunday Nation that following on the footsteps of his father Jaramogi Odinga Odinga, Raila Omolo Odinga was his own worst enemy. All it needs to prove the validity of this assessment, is to provide Raila with a platform and crowd. Then he has no control over his speech, its consequences and its political cost. This quality was on display when he faced the press, his cheering supports and an anxious electorate after the delivery of the Supreme Judgment in his favour annulling the presidential elections in which President Uhuru Kenyatta was proclaimed the winner.
He was everything but presidential in his speech. Rather to take the opportunity of that rare election petition victory to calm a politically restive nation. He threatened, castigated, criticized, pontificated, and baited his perceived or real enemies. In short, he sounded more like a civil society political activist during his election petition victory speech than a presidential candidate who had just been granted another lease of life to contest a crucial election in two months. In the end, he failed to even appeal to the electorate to vote for him.
The hard fact is that, the decision of the Supreme Court of Kenya annulling the Presidential election result that favoured President Uhuru Kenyatta should be applauded not for its outcome, for like all judicial decisions it still has to undergo the rigours of informed scrutiny, but for the fact that at long last an African country, and Kenya for that matter, has proved that it has the capacity to deliver effective, efficient and independent justice. The International Criminal Court with the hypocritical approval of erstwhile colonial Western powers relied on this fallacy to violate the complementarity safeguards of the Rome treaty to inappropriately target Kenya and indeed Africa in its interventions from when it was established.
The constitution of Kenya that provided the constitutional guarantees of the separation of powers which was exercised in the full glare and satisfaction of the world at large in particular the Western world, in this election petition, was in place when Moreno Ocampo, urged on by the same Western actors and by Raila Odinga intervened in the 2007 election violence conflict in Kenya on the grounds that Kenya did not have an effective, efficient and independent Judiciary to investigate and punish the perpetrators of the 2007 election violence. With the present decision, the scales of prejudice have sudden fallen and the Kenya Judiciary is all praises from the patronizing erstwhile colonial West; not for the justice of the Supreme Court judgment that is still subject to judicial scrutiny, but for the fact that in context, it comes close to doing what they would have wanted done but for the fact that in this case, popular sovereignty as opposed to judiciary fiat may yet again determine the outcome of the elections in two months.
I must admit, and all respecters of the rule of law must, as President Uhuru Kenyatta did, that the Supreme Court of Kenya and indeed the lower courts before whom election petitions were brought, fulfilled their constitutional mandate effectively, efficiently and independently. For this, the Judiciary of Kenya merits praise. It always has. It is another thing if the outcome of judicial proceedings before the courts were acceptable or not. In this case, the ultimate arbiter, call it the supreme judge is not the judiciary, it is the sovereign people of Kenya in their exercise of its inalienable, unimpeachable right of popular sovereignty to elect its leaders.
If there was any lingering doubt therefore, about the falsity of the claims that Kenya did not have an independent, efficient and effective judiciary as alleged by Moreno Ocampo and his handlers, then the successful litigation of election petitions by Kenyan lower courts and ultimately, its Supreme Court has proved them wrong. However, the ghost of the ICC was visible in this election and will remain visible in the next round and future elections. In many ways, it will inhibit the ability of Raila Odinga to win the repeat elections.
This may be discerned from the misplaced message conveyed through his Supreme Court election petition celebratory speech. His resolve to prosecute election officials instead of using the moment to celebrate in measured humility, reassure millions of voters who perceive him as vindictive, abrasive and dictatorial, may further alienate him from critical voters who value peace and unity of the nation over triumphalist display of person power.
During the last election which saw Uhuru Kenyatta win his first mandate, Raila squandered his best opportunity of ever becoming the President of Kenya by deconstructing a formidable alliance he formed with a youthful, ambitious, savvy and perhaps most skillful politician in Kenya Deputy Vice President William Ruto. He did so by offering him as a sacrificial lamb to Ocampo.
In his miscalculation, he perceived the ICC intervention as a means of depriving William Ruto of the possibility of sharing in the effervescence of his then rising political profile. He miscalculated, for Mr Ruto is a political product of the majority ordinary people of Kenya who see their image in him and consider him as one of theirs. The ordinary people of Kenya have long traced and refined his path to presidential power and this is obvious even to the jaundiced eye. He has merely been playing for his time to come to embark on the journey to fulfill his people’s will. A smart politician, he did not want to squander the opportunity when the potential path to the presidency in 2020 came calling. Raila Odinga’s political miscalculation and the ICC proceedings provided him that opportunity.
Uhuru Kenyatta and William Ruto are good students of history. The patronizing support given by Western countries to the ICC proceedings gave them the opportunity to position themselves as defenders of the sovereignty of Kenya and the liberating cause of new Africa. The humiliating campaign against the ability of the judicial institutions of Kenya to conduct post-election violence proceedings, the same institutions that are being hailed by the same erstwhile colonial Western countries, required genuine leaders to standup to the challenge and mobilize Kenyans to defend their national pride and their sovereignty. Uhuru Kenyatta and William Ruto offered this leadership while Raila Odinga largely portrayed himself through his own public pronouncements as a Western poodle in his unqualified support for the ICC proceedings. Whatever motivations he had for seeking political leadership while supporting proceedings which placed the sovereignty of his country under the ward of the ICC, in the political context of the proceedings, he was perceived as relying on the case as a means of settling internal political scores and eliminating his political opponents from contesting the elections against him.
That backfired and he lost the elections. The credibility of the ICC came out seriously bruised in the process because its intervention was not perceived to be in the best interest of Kenya and the victims of the election violence. The overwhelming evidence of Western interference portrayed the Kenya ICC cases as politically motivated. At the end of his mandate as the Chief Prosecutor of the ICC, Moreno Ocampo in published newspaper and television interviews confirmed this fact.
During this election, an ICC official in the Prosecutor’s Office made a misguided statement in a conference in Arusha in neighbouring Tanzania linking the potential outcome of the Kenya election to a potential reviving of the ICC cases in the case the opposition candidate won. This admittedly uncoordinated statement nevertheless places the statement by Raila Odinga about prosecuting election commission members into the providential focus which Uhuru Kenyatta and Mr William Ruto may in addition to their largely positive development record, ride on to victory once again.
Why must Raila Odinga want to get election officials prosecuted when the Supreme Court did not make a finding of criminal conduct? Was this a forewarning that a result short of victory for him in the repeat elections will not be accepted by him? Was it a forewarning of another round of litigation to dissolve the election commission and compromise the organization of the election he may lose? Will this not lead to a constitutional crisis where this to happen? No matter from what perspective this attack and threat of prosecution may be perceived, it portrays Raila Odinga as a potentially vengeful politician who thrives on the politics on politics of bitterness.
Raila Odinga squandered his moment of glory in focusing on yet another prosecution rather than taking advantage of the glare and focus of the moment to mobilize his base and Kenyans in general to give him their votes in two months. He failed to appeal for peace, reconciliation and national healing after a very polarizing judicial experience. He failed to explain why he sought for the poll to be nullified to the electorate. He impressed professional judges of the Supreme Court about his reasons for seeking and obtaining an annulment of the elections in which he lost. He still must do a better job explaining to the electorate he will be facing in two months.
The case, its outcome and his celebratory rhetoric may energize the majority who voted against him to defend their franchise by voting against him in even greater numbers. The bane of Raila Odinga has always been his inability to reconcile Raila the civil society political activist from Raila the career politician. He has never understood that although bed partners, these attributes are on critical occasions strange bed fellows. The bull instant in political activism is at critical moments, the bane of career politicians. It may take an election petition victory and a repeat election to lose for Raila Odinga to finally come to terms with this reality.
In contrast, Uhuru Kenyatta was presidential and humble in his speech in which he disagreed with the outcome of the judgment but accepted the outcome nevertheless. Calling for peace to reign, he took the opportunity to relaunch his election campaign. He reminded the people of Kenya to whom he and his deputy have turned to since the ICC challenge, that the power to decide the destiny of Kenya belonged to them not to six individuals constituting a court of law.
That appeal succeeded and helped them to win the Presidential elections regarding the ICC proceedings. It may succeed once more with the Supreme Court Judgment acting as a tonic, call it a fig leaf of mobilization for a greater electoral victory come two months. Raila Odinga by promising Kenyans further court cases and prosecutions may have paved the way for the people to deny him that opportunity. He may have unwittingly placed the spotlight on the focus on the possibility of a revived ICC nightmare under a Raila Odinga presidency. He seems not to have learnt the painful lesson that his prior support for this nightmare among other reasons led to a majority of his people rejecting him in the last election.
Kenyans know that Raila did not challenge the election outcome which largely favoured his opponent. He challenged but the constitutionality and the legality of the conduct of the elections. His greatest challenge remains how to convince the majority that elected Uhuru and Ruto to switch over and vote for him. If he carefully reflected on the Supreme Court Judgment prior to making his celebratory speech, he should have known that that Judgement did not find any wrong doing against Uhuru Kenyatta based on which the electorate would have sanctioned him. On the contrary, the constitutional violations, illegalities and procedural inadequacies by the election commission deprived him of victory in an election whose outcome was neither in doubt nor contested by Raila in his petition. Raila in his celebratory speech inappropriately sought inappropriately to place blames for the failures of the election commission on his adversary where none was found by the Supreme Court. If his Supreme Court election speech is a template of his election performance in two months, then I regret, he may not prevail in the court of popular sovereignty.
There are several logistical and organizational odds that militate against his ability to conduct an effective campaign within just two months. He benefitted from a steady flow of international goodwill, tactical and strategic support during the annulled poll. It is inconceivable, considering the electoral map of Kenya, that this key constituency will again invest in a repeat election when the outcome of the annulled election was never challenged. The appeal for calm by President Uhuru Kenyatta apart, the calm that followed the Supreme Court Judgment may be an unmistakable exercise of confidence that in two months this silent majority may yet again reassert its sovereignty over its choice of leader. And Raila Odinga tacitly acknowledged the reality of that choice by not challenging the critical choice that was made in the annulled poll.
- Chief Charles A. Taku is an international lawyer writing from The Hague The Netherlands.
Winners for Africa’s Top Real Estate Developments Announced at the Africa Property Investment (API) Summit & Expo 2017
August 31, 2017 | 0 Comments
|The calibre of entries was world class and the judges had a challenging time selecting the winners|
JOHANNESBURG, South Africa, August 30, 2017/ — Property developers, suppliers and owners recently got the opportunity to showcase their best projects and services from across sub-Saharan Africa at the Africa Property Investment (API) Awards held on 24 August this year.
The awards, which were held at the API Summit and Expo 2017 (www.APIsummit.co.za), recognised innovation and outstanding achievement across the entire property industry in seven categories. The categories include Best Retail Development, Best Mixed-Use Development, Best Commercial High-rise Development, Best Architectural Design, Best Green Building in Sub Saharan Africa, Best Hotel Development and Best Housing Development. The winning developments came from Ghana, Kenya, Nigeria, Mozambique, Namibia and Rwanda.
The projects were judged on a wide range of criteria including location, infrastructure and transport access, integration into the environment, originality of the concept, technical and architectural quality, services offered, sensitivity to the local community, innovation, sustainability, corporate staff involvement, response to market demands, financial performance, occupancy, and the impact of the project on economic convergence.
The calibre of entries was world class and the judges had a challenging time selecting the winners, nevertheless they managed to hone in on the best projects. Here are the winners for each category from the 2017 Africa Property Investment Awards.
Kfir Rusin, Managing Director of API Events (APIevents.com): “We congratulate all the winners and finalists as well as their respective project teams. They have set an exceptionally high standard for real estate developments across sub-Saharan Africa and continue to shape the African built environment landscape. API Events is proud to be associated with these companies and wishes to aid in further pushing the boundaries of excellence for African property development.”
Best Retail Development – Winner: Kumasi City Mall, Ghana – Atterbury (Developer) and Boogertman & Partners (Architects)
Best Commercial High-rise Development – Winner: Accra Financial Centre, Ghana – RMB Westport (Developer)
Best Mixed-Use Development – Winner: Kigali Heights, Rwanda – Kigali Heights Development Company (Developer), Fusion Capital (Financier-Kigali Heights), Century Real Estate (Property Managers – Kigali Heights)
Best Green Building in Sub Saharan Africa – Winner: Garden City, Kenya – Actis (Developer)
Best Hotel Development – Winner: Strand Hotel, Namibia – DHK Architects (Architects)
Best Housing Development – Winner: Karibu Homes, Kenya – Karibu Homes (Developer)
Best Architectural Design – Winner: Torres Rani Towers, Mozambique – DSA Architects (Architects)
API Events’ conferences provide an essential networking venue for the African real estate investment and development industry and have achieved a reputation for attracting large property investors, major developers, leading financiers, and C-level real estate focused executives. We offer engaging content and outstanding speakers, the API Events portfolio also includes real estate financial modeling training programmes, reputable African Property Investment awards as well editorial content in the form of our Africa Property Skyline Magazine allowing for an invaluable opportunity to interact with and learn from the best real estate minds in the business across multiple platforms. The API Events team comprises of passionate property professionals with on the-ground African real estate expertise. Our singular mission is to provide a platform that drives growth in African real estate investment whilst assisting the continent in realizing its full potential.
Insight Into Atlas Africa: It is about Aligning Business Opportunities With Interested Parties, says CEO Lindi Gillespie.
August 31, 2017 | 0 Comments
By Ajong Mbapndah L
For Lindi Gillespie, connecting the right people to opportunities in the market place and creating viable and strategic partnerships is her passion. Leveraging her vast networks and experience garnered over a twenty year period in diverse marketing and business roles, Lindi Gillespie founded Atlas Africa, an investment and brokerage company with operational base from South Africa. The firm offers clients the opportunity to expand business prospects on a broad range of sectors across Africa and on the global stage.
As CEO of Atlas Africa, Lindi, a Graduate of the University of Cape Town has surrounded herself with a solid team of talented associates who pride themselves in providing tailor made investment brokerage services and the delivery of first class returns to their clients.
“We do our best to understand our client’s business needs and long term plans when putting together a marketing strategy for bringing their services and products into the African markets,” says Lindi, who was recently ranked amongst Africa’s top 25 Women in Leadership by Amazon Watch Magazine.
With the goal of building long term professional relationships based on honesty, integrity, and sustainable revenue generation, Atlas Africa has steadily grown its business portfolio across Africa and beyond. In addition to South Africa and the SADC sub region, Atlas has excelled in West and East Africa, and Lindi says there are a growing number of hotel deals going through in the Maldives and Europe.
“Our clients stick with us because we work hard for them and always do our very best to find the best solutions to their needs by using our International network,” says Lindi as she expresses the ambition to further grow and sustain the strong reputation of Atlas Africa when it comes to investing in the continent.
Ms Gillespie, thanks so much for accepting to grant this interview , you are CEO of Atlas Africa Group, could you start by introducing the Group for us, what does it do, and when was it created?
Atlas Africa Group was formed in December 2015 when I attended the Global African Investment Summit in London. The Atlas Africa Group finds financing for renewable energy projects internationally; but predominantly in Africa. I raise these funds from individual investors; pensions fund; renewable energy funds and private equity funds. We also focus on Projects that are property related. We are very involved in development of hotels and also the buying and selling of hotels in Africa and its surrounding islands. Other sectors of the economies in Africa are covered as well.
What motivated you to create the Group, what skill set did you have, may we also have an idea of the staff strength and profile of those who make up the Group?
The motivation to start the Group was the dire need for infrastructure development; electricity; urbanisation development and especially agriculture to feed the people of Africa. Sustainability in Africa was my core motivation – to assist with this process. My skills are mainly in marketing and in introducing people where synchronicity exists to make things happen around the continent. For example I work closely with the Swiss who have foundations to help the poor and also various funds that have budgets to help the underprivileged people in our communities. The kind of people I choose to work with are professionals who are experts in all the fields that I can’t fill! Such as accounting and office administration. I prefer face to face contact with clients; travelling for work related projects and marketing our pipeline of projects.
Let’s talk about the success stories, are there concrete examples of successful projects that have been carried out by the Atlas Group? Potential clients may be interested in knowing something about the track record of Atlas
Our success stories are mainly in renewable energy and infrastructure development. At the moment deals are being processed in the Ivory Coast and Mali. These deals are private and public projects. We also have a number of hotel deals going through in the Maldives and Europe. These deals involve International hotel brands and private equity firms. We are processing low cost housing projects in two areas of Namibia where building of houses will begin within the next few weeks.
For people interested in using the services of Atlas, what do they need to do and what additional guarantees does the Group have to assure clients of positive results?
For positive result with new clients, it is a question of what stage the project is based. For instance we have investors of Greenfield renewable energy projects but projects with all licences and a PPA is where most of the clients invest. When it comes to PPPs, countries that offer sovereign guarantees or some form of guarantees make the project more attractive to investors. For projects needing funds Atlas Africa is always open to consider these projects.
What other parts of Africa is the Group operating in besides South Africa where it is based?
Atlas Africa focuses mainly on countries of good governance. We focus on areas where is safe for workforce to complete projects. Our presence is mainly in the SADC region and various countries in East and West Africa.
How will you describe the business climate first in South Africa and on other parts of the continent where you do business?
With the downgrading of South Africa’s economic sector; there are challenges in all parts of the economy including private and public business. I focus most of Atlas Africa Group’s growth outside of South Africa. I have a number of property interests however in South Africa. Our press in South Africa is bullish which helps with addressing the corruption in the country. The corruption has affected growth in all areas of the economy and many people are taking their money out of the country; emigrating or disinvesting.
Lindi Gillespie was recently profiled as one of Africa’s Top 25 Women in Leadership by Amazon Watch Magazine, what did this mean for you?
Being chosen as one of the 25 most influential women in Africa was a huge achievement for me. It showed that the work I do in Africa counts and that I have a voice on the continent. I would like to become more involved with positive movements and change.
To young Africans especially the women who see in you a role model, and will want to emulate your example, what are some secrets of success that you have for them?
The secret of success for young women is to have a specific focus. The best choice is to align yourself with positive people who will support your ideas and your business growth. If you are an entrepreneur like myself ,you need to expect difficulties and challenges. This will keep you up at night but you need faith to keep going. So many deals fall through but it’s all part of being in the game of business. Try and secure finance so that you can get through the hard times when deals are taking years to come through!!
We end with a last word on the future of the Atlas Group, what next after growing it to where it is, any big plans in the years ahead to grow and improve the client base?
Our big plans and ambitions are to grow and sustain our strong reputation when it comes to investing in Africa. Our clients stick with us because we work hard for them and always do our very best to find the best solutions to their needs by using our International network.
Independence of the Judiciary and Security of Investments-Opportunities & Challenges
August 29, 2017 | 0 Comments
By Chief Charles A. Taku*
Africa is endowed with abundant largely unexploited natural resources and raw materials yet the continent is afflicted by poverty, diseases and violent conflicts in the midst of plenty. Unfortunately, these resources when exploited are often not done so for the benefit of the people of Africa.
The availability and abundance of these resources present Africa with great investment opportunities. The paucity of a credible continental legal and economic framework defining Africa’s investment needs has led to a scramble for Africa’s resources by the leading nations of the world, from West to the East. This scramble has in turn generated an economic cold war that affects all sectors of Africa’s economic, political and social life.
Investing in Africa under the prevailing economic, judicial and political condition breeds significant challenges and invites critical questions that require answers. Significant among these is the question whether a credible independent judicial mechanism exists within Africa that regulates investment contracts in Africa that benefits Africa. Do African countries possess independent judiciaries capable of guaranteeing the security of investments in the continent through fair trial processes? Who negotiates the terms of the investments? Are the terms of negotiated investments favorable to Africa? Do investment contracts in Africa contain transfer of technology clauses aimed at transforming African economies from markets of cheap raw materials to markets for processed finished products? Is Africa endowed with an enabling legal environment for negotiating, drafting, interpreting and adjudicating investment conflicts? What are the opportunities and challenges that investors face in Africa? How can these challenges be surmounted? The answers to these questions and more are the subject of this paper.
The Universal Foundations of the Independence of the Judiciary
Among the founding objectives of the United Nations enshrined in the preamble of the UN Charter was a reaffirmation of “ … faith in fundamental human rights, in the dignity of nations large and small, and the establishment of conditions under which justice and respect for the obligations arising from treaties and sources of international law can be maintained, to promote social and better standards of life in freedom; and to employ international machinery for the promotion of the economic and social advancement of all peoples”.
These universal conditions for the administration of justice significantly inspired and informed the founding of the United Nations in 1945. Justice for all was therefore, conceived and proclaimed a critical instrument for the promotion and protection of peace, and “the economic and social advancement of all peoples”.
In furtherance of this objective, the UN multilateral human rights treaty regime adopted provisions that guarantee the independence and impartiality of the Judiciary and recommended that they be enshrined in the laws of state parties to the respective conventions. To safeguard, protect and promote the independence of the judiciary within the international and national justice systems, the United Nations adopted the “Basic Principles on the Independence of the Judiciary”.
The preamble of these basic principles emphasizes that the organization and administration of justice in every country, member state of the United Nations must be inspired by the principles. It states that efforts must be undertaken to translate these principles fully into reality. And that the rules concerning the exercise of judicial office should aim at enabling judges to act in accordance with the principles, because “judges are charged with the ultimate decision over life, freedoms, rights, duties and property of citizens”.
There is therefore no gainsaying that the United Nations Charter foundation of universal tenets of Justice as the underlying principles for the attainment of world peace, security, economic well-being and prosperity of nations big and small, is well settled in customary international law. It is on this basis that these principles are enshrined in the Constitutions of member states.
It cannot reasonably be disputed that at the founding of the United Nations in 1945, Africa was not a subject of international law. Africa and peoples of Africa descent were not contemplated by the founding fathers of the United Nations when they made the justice, economic, human rights and security pledges as the salvific tenets of a new world order and civilization. The so-called big and small nations that came under the protections afforded in the UN Charter did not include Africa and peoples of African descent. They were then invariably considered as chattel, European possessions, colonies by any other name but nations or states. Emerging from the humiliation of its World War defeat and occupation by Germany, France for example, led a genocidal campaign in its French Africa possessions orchestrating the extermination of millions of pro-independence nationalists and armless civilians in French Cameroun and Algeria.
Without the protections afforded by the United Nations Charter Africa was deprived on the economic sovereignty over its vast natural resources. Africa could not exercise judicial independence over commerce, industry and investments in the continent. There was therefore no investment charter for the benefits of African European colonies or possessions. Investments benefitted the colonial masters and their national economies. Africans were valued as slave labour and nothing more.
Decrying this situation in 1949 Dr Nnamdi Azikiwe ( Zik of Africa) in an Address delivered at the Plenary Session of the British Peace Congress powerfully submitted “There is gold in Nigeria. Coal, lignite, tin, columbite, tantalite, lead, diamonite, thorium, (uranium-133), and tungsten in Nigeria, rubber, cocoa, groundnuts, benniseeds, coton, palm oil, and palm kernels. Timber of different kinds is found in many areas of this Africa fairyland. Yet despite these natural resources which indicate potential wealth, the great majority of Nigerians live in want”. Dr Azikiwe speaking for all Africans stated emphatically, “therefore, we are compelled to denounce imperialism as a crime against humanity, because it destroys human dignity and is a constant cause of wars”.
Invoking the human carnage and devastation of the just ended World War 2 in which Africans were drafted to combat not as free people fighting for the interests of Africa and African Peoples, but as mere tools or instruments of warfare deployed to protect the economic and security interests of their colonial masters, Dr Azikiwe made the following proclamation amongst others: “We shall no longer be dragooned to act as cannon fodder in the military juggernaut of hypocrites who dangle before our people misleading slogans in order to involve humanity in carnage and destruction”.
The conscience awakening alarm raised by Zik of Africa in the threshold of the founding of the United Nations with lofty principles underpinning justice and economic empowerment as the salvation credo for a peaceful, prosperous world which ignored the situation of Africa and black peoples the world over, endures to this day. It endures because the cosmetic independence that was granted to many African states did not alter the European economic and political vassal possessions status that was imposed on them by European colonial treaties.
Due to the enduring effects of these injustices against Africa, it is safe to submit that the supposed tenets of universal justice, that includes the independence of the judiciary are elusive in Africa making the security of investments in the continent attainable but elusive.
Identifying the Investment and Justice Needs for Africa
The submission that the attainment of the goals of fair, credible and independent justice for Africa faces serious though surmountable obstacles may better be articulated through the following address credited to His Excellency President Jakaya Kwikete to the United Nations in New York in 2008.
Addressing the United Nations as Chairman of the African Union, President Kikwete reminded the world body that Africa rejected war, HIV Aids and Poverty as templates on which to anchor a just world security and economic order. He warned that highlighting the adoption of the UN political declaration on African development needs must not obfuscate the fact that poverty and the need to establish economic growth to overcome it was the continent’s greatest challenge. He pointed out that some so-called Millennium Development Goals were inadequate in addressing the serious shortfall in resources to meet African development needs. President Kikwete stated that “In trade, Africa’s prospects remained bleak as the Doha Round was stalled. New negative trends included climate change and soaring fuel and food prices”. 
In the face of this bleak picture of the African condition, there is an urgent need for investments in Africa must aim at attenuating poverty, Africa energy self-sufficiency and production industries for the processing and transformation of raw materials into finished products. There is an urgent need for the establishment of efficient healthcare, food security, science and technology and communication industries in Africa by Africans. Foreign investors are invited to invest in Africa but the investments must aim at and relevant to the attainment of Africa economic and investment goals. Investments in Africa that not include aim at the transfer of technology for the transformation of Africa’s raw materials and natural resources to finished products for the universal market are deemed not to benefit Africa.
To satisfy Africa’s investment needs, stable, credible, efficient and effective legal frameworks capable of attracting foreign and national investments must be established. Do the existing legal institutions in Africa provide adequate security for foreign and national investments that aim at promoting growth and the economic prosperity of the continent and its people? I hesitate at this point in time to answer this question in the positive. This is not for the lack of capital building capacity by African investors, economic operators, capable independent judiciaries or competent professional lawyers who can manage the continent’s investment portfolio. The critical obstacle to attaining these goals is the ghost of Africa’s colonial past which is still lingering within the continent and manipulating the soul of the continent at all levels of constitutional governance; making profitable investments that benefit Africa and its people difficult.
The Constitutional Guarantee of the Independence of the Judiciary
When most of Africa gained independence in the early 1960’s, the newly independent countries became member states of the United Nations. By their membership of the UN, they pledged allegiance to the United Nations Charter and thereafter ratified or adhered to many conventions in the UN Economic and Human Rights regime.
The constitutions of almost all independent African countries have provisions on separation of powers with the judiciary being an independent arm of government. The constitutions of these African countries guarantee the independence of the judiciary. Despite of the provision of article 26 of the African Charter on Human and Peoples’ Rights guaranteeing through constitutional protections the independence of the judiciary, the effective independence of the judiciary as a constitutional arm of government remains illusory in many African countries. The enabling legislation regulating the administration of justice in many African countries contradicts the intendment of the constitutional guarantees of independence of the judiciary; compromising its independence.
A decision of African Commission on Human and Peoples’ Rights in a case brought by the Southern Cameroons against the Republic of Cameroon, better explains this point succinctly. In that case the African Commission decided that Cameroon lacked independence of the judiciary despite the existence of a constitutional provision guaranteeing the independence of the judiciary and separation or powers. In that decision, the African Commission found that the lack of independence of the Cameroon judiciary violated article 26 of the Africa Charter.
The decision was predicated on an admission by Cameroon that it did not have an independent judicial service commission and that the President of the Republic was the Chairman of the Higher Judicial Council while the Minister of Justice the Vice President of the Council. The said council has a mandate for the administration and guaranteeing the independence of the judiciary. The African Commission found that by subjugating the judiciary to the executive arm of government, Cameroon was in violation of its treaty obligations by violating article 26 of the African Charter. The Commission asked Cameroon to provide an effective remedy by making its judiciary genuinely independent, a decision Cameroon has failed to implement.
A melting pot of competing conflicting investment interests
An anxious look at foreign and national investment policies in Africa against available investments opportunities and the investment needs of the continent, there is justification in characterizing Africa as a melting pot of competing conflicting investment interests. Foreign investment in Africa has a checkered history and a tortious purpose. Like a chameleon, it assumes different colours while remaining in substance, the same.
Prior to independence, foreign trade policies of African European colonies were imposed rather than negotiated. African economies were rudimentary and mainly aimed at producing and supplying raw materials for the European industrial and commercial markets. The huge mineral deposits and agricultural potential which Dr Azikiwe talked about in his 1949 address referred to earlier in this paper, although belonging to Nigeria and Nigerians, as a matter of colonial and imperial policy, in reality belonged to Her Majesty the Queen of England’s Government.
The colonial institutions at independence contained imposed military, monetary, economic, educational, social and cultural cooperation treaties that subjugated the economic sovereignty of the colonies to the erstwhile colonial powers. In former French Africa colonies, France imposed pre and post-independence cooperation agreements imposed that subjugated their economic, monetary and defense sovereignty to the control of France.
The subsistence of these treaties and colonial policies in Independent African countries renders an effective exercise of sovereignty over constitutional institutions among them independent judiciaries illusory. This state of affairs led Osagyefo Dr. Kwame Nkrumah to conclude that “any form of economic union negotiated singly between the fully industrialized states of Europe and the newly emergent countries of Africa is bound to retard the industrialization, and therefore the prosperity and general economic and cultural development, of these countries. For it will mean that those African states which may be inveighed into joining this union will continue to serve as protected markets for the manufactured goods of their industrialized partners, and sources of cheap raw materials”. The existence of these colonial and neo-colonial economic treaties have retained Africa in what Dr Nnamdi Azikiwe characterized as “a perennial source of war”.
In seeking to safeguard and enforce these subsisting colonial and neo-colonial imposed preferential economic and investment treaties, the erstwhile colonial powers and the economic blocs in which they belong have resorted to using coercive methods to impose unfavourable terms of trade and investment terms that auction away African mineral resources and raw materials at prices and conditions intended to recolonize supposed independent states. These includes, economic sabotage, political instability, coups, military intervention and the manipulation of international institutions to discredit, subvert and isolate governments and peoples who dare turn their backs on colonial and neo-colonial puppetry.
In attempts to render the resource endowed countries of Africa ungovernable, alternative sources of power control are funded among the civil society, national and international Non-Governmental Organizations, the Military and the political class. With the use of weapons and funds supplied to these organizations, violent political activism triumphs over laudable civil society activism whose primary purpose ought to have been protecting and promoting the social, economic, political and civic rights of the citizenry.
The sources of instability arising from political and socio-economic factors are easily traced to the desire to control the natural resources and raw materials of African countries. The militarization of the political and economic life of the continent aimed at destabilizing many resource endowed African countries can be traced to this factor. Examples abound, but suffice to cite the failed recent violent regime change attempts in Burundi, Central Africa Republic, South Sudan, Angola and Libya.
According to Adekeye Adebajo and Kaye Whiteman, “the EU willingness to find ways of being militarily involved in Africa has been encouraged by France (seeking ways to justify its own continued military presence in Africa). The problem with the ambitious mission of the EU to support peace and security initiatives as outlined in the EU Common Position on the Prevention, Management and Resolution of Violent Conflicts in Africa is that in conceptual terms, the EU initiative seems good. But it conflates and conceals the colonial and neo-colonial treaties entered into by individual erstwhile colonial powers like France and Belgium in significant regards.
These colonial treaties and policies fuel and sustain the instability that the EU aims to prevent or redress. The erstwhile colonial powers habouring economic and political ambitions to control and micromanage the economic and political life of their former African colonies targeted by the EU initiative are not faithful participants in the EU initiative. There is overwhelming evidence establishing that they are the sources of instability in Africa. These former colonial powers have consistently used their EU members to attempt to railroad the EU initiative to attain their neo-colonial agenda.
The mitigated result of the EU initiative in Central Africa Republic even with the presence in the territory of French troops who have maintained a military base there since independence is an alarming example of this policy of duplicity on the part of France. Mineral resources Burundi has consistently accused Belgium which recently accepted responsibility and apologized for the assassination of Patrice Lumumba plunging the Democratic Republic of Congo into a blood bath that endures till date, for supporting a rebellion within its national territory aimed at effecting a regime change and controlling its natural resources.
The failed belligerent EU policy towards Burundi demonstrated by an overwhelming objection of an EU resolution submitted to the 33rd Session of the Joint EU-ACP Parliamentary Conference on 19 June 2017 arises from this policy. For the EU initiative to attain its objective, the EU must call on its member states to rescind with immediate all colonial and neo-colonial treaties or so-called cooperation agreements that undermine the sovereignty of African states and constitute a “perennial source of war”, violence, instability, impunity and criminality. These perennial sources of war have subverted the rule of law and sound constitutional governance.
Africa does not manufacture weapons but the investment in arms through legal and illegal channels fuels internecine armed conflict on the continent. For this to occur, the mineral resources and raw material of African countries are carted away to support materialistic and capitalist cartels in foreign in other continents. These colonial and neo-colonial treaties are not subject to legal challenges before the judiciary of the African countries concerned depriving the citizens of those countries the opportunity to test their validity and legality before independent judges. This keeps significant areas of the African investment and commercial sectors out of independent judicial scrutiny. The Neocolonial economic cartels have also concluded treaties keeping the judicial scrutiny before national courts, key public and private investment sectors in the defense industry, the oil industry, the energy industry and some strategic mineral contracts. With this, corruption is institutionalized at the expense of the people’s sovereignty over their resources, their economic well-being and prosperity.
Owning African investment dilemma and its Judicial quagmire
For Africa to attract valuable national and international investments that meets African prosperity needs, they must aim at attaining economic sovereignty over its natural resources. Africa must put in place valuable judicial institutions that are competent, independent and reliable.
Investment contracts are quite often negotiated by non-professional bureaucrats and politicians without the assistance of lawyers and professionals in the varying sectors of the economy in which the investment is taking place. This often results in unfavorable terms in the investment contracts with adjudication clauses that defer the interpretation of the contracts and conflict resolutions to foreign arbitration and adjudication bodies outside the continent. African lawyers and the judiciary are often not even contemplated as key actors in the negotiation of investment contracts and the adjudication of investment disputes in case of conflict. This leaves investments in Key sectors of African economies in the hands of expatriates and foreign agents whose agenda is to stultify the much desired growth of Africa economies.
It has hardly been contemplated nor desired that a transfer of technology clause if inserted into foreign investment contracts could lead to the rapid transformation of Africa from a continent of perpetual slave labour to a continent that processes and transforms its raw materials for the national and universal markets. Africa must own its problems and accept to conceive and apply some dose of painful remedy to this complex life threatening ailment.
Since President Kikwete raised the alarm that placed the required focus on “poverty and the need to establish economic growth to overcome the continent’s challenges” citing Africa’s prospects as remaining bleak with the Doha Round stalling’, and new negative trends that included climate change and soaring fuel and food prices”, Africa has made frantic judicial and continental level efforts towards addressing these problems. The AU has made some adjustments in its focus towards seeking solutions to the continent’s security, economic, health, technological research, energy, mineral exploitation, communication, inter-African and Pan African justice needs. The efforts deployed so far though commendable are still insufficient or not commensurate to the magnitude of the problems.
The AU significantly made giant steps towards establishing an African Criminal Court to try crimes committed in Africa, relieving the continent of the humiliating focus of the international criminal court which gives the perception that Africans may be inherently criminal. The Malabo Protocol granting the African Court on Human and Peoples’ Rights have more than any international court in history criminalized crimes which from Nuremburg and Tokyo World War Tribunals no other international court has criminalized.
The Protocol targets a wide variety of crimes perpetrated on the continent including economic crimes. The criminalization of the crimes of illicit exploitation of resources, trafficking in hazardous wastes, terrorism, money laundering, unconstitutional change of government, piracy and the crime of aggression have at long last awaken the enduring effects of the hitherto unpunished historic crimes of slavery, imperialism, colonialism and neo-colonialism from which colonial cooperation agreements and treaties drew legitimacy for eternal banishment from the continent of Africa. In other words, criminalizing these crimes at long last will target and slay the beast of colonial crimes and its offspring allowing room for Africa to develop and prosper in peace.
The African Union needs to conceive and proclaim an African Investment and economic Charter for the continent. The AU needs to summon as a matter of urgency, an Africa business forum in which governments and business operators in Africa will set in motion a mechanism and frame work for investment in Africa. The African Union lacks a clearing house for informing African investors and entrepreneurs the business potential of each African country. The Proposed investment and business Charter should aim at the AU working on harmonization business and investment law in Africa to enable African and foreign investors to invest in the continent. Presently, colonial and neo-colonial treaties favour foreign investors, particularly those from former colonial powers.
There is no reason why investment contracts in specific areas or sectors of the African economies should not prioritize national and African investors making foreign investors come in as partners only. Africa has to start training its own road investor contractors. African banks have to start providing loans to support African investments in key areas of the African economy.
African lawyers must mobilize to intervene and settle African conflicts of a political and economic nature. There is no reason why the AU cannot establish a Pan African institution for the settlement of investments disputes on the continent. There is no reason why the AU with the support of the African Bar Association cannot establish a Pan African Board of Arbitration to which different arbitration bodies in the continent will be affiliated. Such an arbitration board will keep a roaster of arbitrators from which arbitrators will be to meet the arbitration needs of investors in Africa.
There is no reason why the AU cannot make article 26 of the African Charter more functional by establishing a more robust mechanism within the AU aimed at encouraging and protecting the independence of the judiciary in member states. In this regard, for a member of the judiciary of a state party to be eligible for appointment to a high judicial organ within the AU institutional framework or within an international judicial or quasi-judicial institution requiring AU support, the constitutional and institutional arrangement in the state party must guarantee independence of the judiciary. A failure to set standards in this regard, led to two Judges from the Cameroon Judiciary which the African Commission on Human found in the Ngwang Gumne v Cameroon (The Southern Cameroons Case) not to be independent to be elected to the African Commission on Human and Peoples Rights and to the African Court on Human and Peoples’ Rights making a total mockery of its decision indicting the Cameroon judiciary for not being independent.
The Assembly of African leaders, lawyers, businessmen, professionals from all walks of life, the press and millions alive and unborn will look at this occasion with pride. With pride because African lawyers under the banner of the African Bar Association have risen to the occasion and the challenge to summon all of us here to make an informed pledge to lay down an enduring framework of investment, economic sovereignty and prosperity for Africa.
There is general agreement that investing in Africa will provide a much desired panacea for the dire economic situation facing our continent. The security of these investments needs be guaranteed by competent professional lawyers and an independent judiciary. Africa has significant investment opportunities, competent professional lawyers and independent judges. However, the ability of these key actors to manage Africa’s investment portfolio in ways that benefit Africa and the investors is hampered by powerful extraneous actors and factors.
There is a compelling need for all judicial actors in Africa and the judiciary to organize, assert and prove their expertise, proficiency and relevance in playing the role of key actors in managing the investment portfolio of Africa with unblemished expertise and uncontested independence. This conference on investment in Africa is critical and timely. The next conference on the independence of the judiciary and the rule of law complement must be organized to complement the results of this conference.
I respectfully submit that the proceedings of this conference and all the very rich conference papers presented here be delivered to the Chairperson of the African Union Commission, the UN Economic Commission for Africa, all African leaders and universities in Africa to help refocus the desired attention on investments in Africa.
*Chief Charles A. Taku is Executive Council of the AFBA, Member for Life; Vice-President of the ICCBA, Member of the Executive and Defence Committee of the ICCBA; Vice-President of ADAD; and Lead-Counsel at the ICC.The paper was presented at the conference of the African Bar Association in Port Harcourt from 7 to 10 August 2017
 Preamble, Charter of the United Nations, 24 October 1945.
 Articles 8 and 10, UN General Assembly, Universal Declaration of Human Rights, 10 December 1948. Article 14, UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171.
 Basic Principles on the Independence of the Judiciary Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985.
 The French campaign in French Cameroun commenced in 1948, the same year the UN Declaration on Human Rights was proclaimed against the Union des Population du Cameroun UPC founded by Um Nyobe Mpodol and continued this campaign directly or by proxy until 1971 when the last nationalist leader of the UPC Ernest Ouandie was assassinated.
 From an address delivered at the Second Annual Conference of the Congress of Peoples Against Imperialism on “Colonies and War” Poplar, London, on October 9, 1949 quoted in Wilfred Cartey and Martin Kilson: The Africa Reader: Independent Africa Rabdom House New York 1970 pp 74 and 75.
 President Jakaya Kikwete, AU Chairman Address to the United Nations in New York 23 September 2008.
 Article 26 of the African Charter states that “State Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter”.
 Communication No. 266/2003, 27 May 2009, African Commission for Human Rights, Ngwang Gumne v Cameroon para. 132.
 Cooperation Agreement signed between Ahmadou Ahidjo and France dated December 12, 1959. Cameroon attained independence on January 1, 1960 .The cooperation agreement in its articles 1-6 reserve the authority to 1) determine Cameroon’s economic, political, and socio-cultural orientations to France.2) France shall manufacture currency for Cameroon called the CFA.3) France shall guide the determination of educational programs at all levels.4) The French national treasury shall have a portfolio named operations account to cover 100% of Cameroon’s foreign exchange. After a series of revisions, the percentage stands at 50% today. 5) France shall have strategic priority in the exploitation of Cameroon’s raw materials.6) On 10th November 1961, shortly Cameroon annexed and colonized the Southern Cameroons in the evening of September 30, 1961, President Ahidjo signed a military cooperation agreement with France in which the French army may be invited by the Cameroon President or the French Ambassador in Cameroon to send French troops to suppress an internal rebellion or insurrection or any threats to the regime in place. The Southern Cameroon had voted in a UN sponsored plebiscite to attain independence by joining the independent Republic of Cameroon upon terms to be worked out prior to independence. The independence was attained leading the way for the termination of the trusteeship over the Southern Cameroons but the sovereignty to negotiate a union treaty was subverted by the annexation and military occupation of the territory.
 Osafgyfo Dr Kwame Nkrumah: Neocolonialism in Africa in Africa Must Unite, (New York, 1964 cited in The Africa Reader: Independent Africa edited by Wilfred Cartey and Martin Kilson Random House New York, 1970 p. 220.
 The African Reader, p. 60.
 Adekeye Adebajo and Kaye Whiteman: The EU and Africa: From EuroAfrique to Afro-Europa, 2012, Hurst and Company, London, p.17.
 Malabo Protocol Granting Criminal Jurisdiction to the African Court on Human and Peoples’ Rights (Adopted in Malabo Equatorial Guinea in June 2014) Articles 28 D, 28 E, 28 F, 28 F, 28 I, 28,Ibis, 28 J, 28 J, 28 L, 28 L Bis, 28 M. In addition to the crimes punishable under the Statute of Ad Hoc Tribunals and the ICC, the Malabo Protocol criminalizes and punishes the crimes unconstitutional change of government, piracy, terrorism, mercenarism, corruption, money laundering, trafficking in persons, trafficking in hazardous wastes, and illicit exploitation of resources.
Power Africa Releases Annual Report
August 22, 2017 | 0 Comments
Power Africa, a U.S. Government-led initiative to double access to electricity in sub-Saharan Africa, has released its annual report. The initiative consists of more than 150 public and private sector partners, which have collectively committed more than $54 billion towards achieving Power Africa’s goals. It is among the world’s largest public-private partnerships in development history.
The 2017 report highlights how Power Africa continues to lay the foundation for sustainable economic growth in Africa while creating opportunities for American businesses as it makes progress towards its goals of increasing installed generation capacity by 30,000 megawatts (MW) and adding 60 million new electricity connections by 2030.
Since its inception, Power Africa has facilitated the financial close of power transactions expected to generate more than 7,200 MW of power in sub-Saharan Africa. The 80 Power Africa transactions that have concluded financing agreements are valued at more than $14.5 billion, and Power Africa projects have generated more than $500 million in U.S. exports. In addition, Power Africa has facilitated more than 10 million electrical connections, which have brought electricity to more than 50 million people for the first time.
The report also highlights the role of women in Africa’s power sector, by chronicling the contributions of select members of Power Africa’s Women in African Power (WiAP) network. It includes an executive letter from the Honorable Irene Muloni, Minister for Energy and Minerals in Uganda, as well as profiles of women whose drive is strengthening Africa’s power sector.
Over the next year, Power Africa will work with more than 100 U.S. companies, African partners, other donors, and the private sector to harness the technology, ingenuity, and political will necessary to bring the benefits of modern energy to even remote parts of Africa while promoting economic growth. The initiative will also expand beyond its initial focus on solar lanterns and renewable energy to support more on-grid power projects in natural gas and other sources.
Philanthropists join forces to fund Africa’s cash-strapped health sector
August 22, 2017 | 0 Comments
Billionaires Bill Gates, Aliko Dangote come together to fund health care projects
Some of the factors driving unhappiness are the poor state of the continent’s health care systems, the persistence of HIV/AIDS, malaria and tuberculosis, and the growth of lifestyle diseases such as hypertension, heart disease and diabetes.
Few African countries make significant investments in the health sector—the median cost of health care in sub-Saharan Africa is $109 per person per year, according to Gallup. Some countries, such as the Democratic Republic of Congo (DRC), Madagascar and Niger, spend just half of that per person annually.
In 2010 only 23 countries were spending more than $44 per capita on health care, according to the World Health Organization. These countries got funding from several sources, including government, donors, employers, non-governmental organisations and households.
Private investment is now critical to meet the considerable shortfall in public-sector investment, say experts.
While many international organisations, such as UNICEF and the International Committee of the Red Cross, continue to support Africa’s health care system, private entities and individuals are also increasingly making contributions. For example, Africa’s richest person, Aliko Dangote, and the world’s second richest person, Bill Gates, have formed a partnership to address some of Africa’s key health needs.
In 2014 the Nigerian-born cement magnate made global headlines after donating $1.2 billion to Dangote Foundation, which used the money to buy equipment to donate to hospitals in Nigeria and set up mobile clinics in Côte d’Ivoire.
A philanthropist himself, Mr. Gates wrote of Mr. Dangote in Time magazine: “I know him best as a leader constantly in search of ways to bridge the gap between private business and health.”
The Bill & Melinda Gates Foundation focuses, among other projects, on strengthening Africa’s health care resources. According to the Gates Foundation, as of May 2013 it had earmarked $9 billion to fight diseases in Africa over 15 years. In 2016 the foundation pledged to give an additional $5 billion over a five-year period, two-thirds to be used to fight HIV/AIDS on the continent.
While acknowledging the Gates’ generosity, locals noted that for many years the Foundation had invested in the oil companies that have contributed in making health outcomes extremely poor in some areas of Nigeria. These companies include Eni, Royal Dutch Shell, ExxonMobil, Chevron and Total.
Facing a backlash, the Gates Foundation sold off some 87% of its investments in major coal, oil and gas companies, leaving approximately $200 million in these stocks as of 2016. Groups such as Leave It in the Ground, a non-profit organization advocating for a global moratorium on fossil exploration, are pushing for divestment.
“The link between saving lives, a lower birth rate and ending poverty was the most important early lesson Melinda and I learned about global health,” said Mr. Gates recently. The Gates Foundation supports reducing childhood mortality by supplying hospitals with necessary equipment and hiring qualified local practitioners to take care of patients and their children.
In 2016, the Dangote Foundation and the Gates Foundation formed a philanthropic dream team when they announced a $100 million plan to fight malnutrition in Nigeria. The new scheme will fund programmes to 2020 and beyond, using local groups in the northwest and northeast Nigeria. The northeast has for the past seven years been ravaged by the Boko Haram’s Islamic militant insurgency, affecting all health care projects in the region.
Malnutrition affects 11 million children in northern Nigeria alone, and Mr. Dangote said the partnership would address the problem.
The Foundations had already signed a deal to work together to foster immunization programmes in three northern states: Kaduna, Kano and Sokoto.
The Gates Foundation states on its website, “Contributions towards the costs of the program by the Bill & Melinda Gates Foundation, Dangote Foundation, and state governments will be staggered across three years: 30% in year one, 50% in year two, and 70% in year three, with the respective states taking progressive responsibility for financing immunization services.”
The future of about 44% of Nigeria’s 170 million people would be “greatly damaged if we don’t solve malnutrition,” said Mr. Gates, at a meeting with President Muhammadu Buhari.
Despite the many international and local efforts, cultural and religious factors often impede efforts to address Africa’s weak health infrastructure. For example, in 2007, religious leaders in northern Nigeria organized against aid workers administering polio vaccinations after rumours started circulating that the vaccines were adulterated and would cause infertility and HIV/AIDS.
In 2014, during the Ebola crisis, villagers chased and stoned Red Cross workers in Womey village in Guinea, accusing them of bringing “a strange disease”.
The big players may be Mr. Dangote and Mr. Gates, but others less well known are also making important contributions to Africa’s health care. After the 2014 Ebola outbreak in West Africa, for example, which resulted in the loss of about 11,300 lives, private companies in the three most affected countries—Guinea, Liberia and Sierra Leone—partnered with the government to fight the virus.
The Sierra Leone Brewery, for example, helped in constructing facilities for Ebola treatment. Individuals, such as Patrick Lansana, a Sierra Leonean communications expert, also volunteered their services for the Ebola fight. He said: “I joined the fight against Ebola because I wanted to help my country. My efforts, and those of others, made a difference. It would have been difficult for the government and international partners to combat the virus alone.”
Private and public sectors need to collaborate to help Africa’s health care system from collapse, notes a report by UK-based PricewaterHouseCoopers consultancy firm. The report states that public-private partnerships, or PPPs, when fully synergised can bring about quality health care. Under a PPP in the health sector, for example, a government can contribute by providing the health care infrastructure, while private entities can be involved in the operations.
In a widely published joint opinion piece last April, Mr. Dangote and Mr. Gates stated that improving health care in Africa depends on a “successful partnership between government, communities, religious and business leaders, volunteers, and NGOs. This ensures that everyone is rowing in the same direction.”
*Culled from Africa Renewal