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
Africa on the road to industrial progress-Li Yong
August 22, 2017 | 0 Comments
As the director general of the United Nations Industrial Development Organization (UNIDO), Li Yong leads a specialised agency that promotes industrial development, inclusive globalization and environmental sustainability. Recently in New York, Mr. Yong took part in a special meeting on “innovation in infrastructure development and sustainable industrialization” in developing countries and countries with special needs. He spoke with Africa Renewal’s Kingsley Ighobor on a range of issues pertaining to Africa’s industrialization. Here are the excerpts:
Africa Renewal: You are attending a meeting on industrialization in developing countries, which includes many African countries. How does Africa fit in the picture?
Li Yong: The ECOSOC [UN’s Economic and Social Council] meeting is important because of SDG 9, which calls for inclusive sustainable industrialization, innovation and infrastructure. Africa has to compete within the global value chain, the manufacturing value addition and with the growth and speed of other regions. Two-thirds of the least developed countries are in Africa. Due to underdevelopment of the industrial sector, some countries are not growing fast enough.
What are the factors hindering Africa’s industrialization?
The sudden drop in commodity prices caused problems because it lowered the competitiveness of commodities-dependent countries.
But commodity prices dropped only recently.
No, not just recently. Let’s say this has been the case throughout the last century. But let me talk about factors hindering industrialization. Long ago the international development institutions wrongly prescribed deindustrialization for some countries. An ambassador of an African country actually told me that the very painful process of deindustrialization forced them to stop exporting cheese, cocoa beans and other products. Another reason is that countries change policies too often. Insecurity occasioned by frequent changes of policies scares away investors and disrupts the industrialization process.
Were the structural adjustment programmes (SAPs) of the 1980s a wrong prescription?
I do not want to talk about that because I was involved in the whole process of structural adjustment lending when I was working at the World Bank. I would just say that some of the prescriptions provided to African countries were not very good.
Critics say meetings such as the one you are attending are all talk but no action. What’s your take on this?
I think that sometimes if there’s too much talk, too much debate on the theories, on the reports and studies, action is lost. Just do it! If it’s creating jobs, let’s go for it.
UNIDO’s Programme for Country Partnership (PCP) aims to mobilise private and public sector resources for industrialisation and to provide technical assistance to countries. How is that going?
It’s an innovative way to support a country’s industrial development. We collaborate with governments and development institutions to create industrial development strategies, and we support such strategies. Usually there is a financing issue: the government needs to allocate resources to basic infrastructure. But development institutions also need to provide supplementary financing for infrastructure such as roads, highways, railroads, electricity, water supply, etc. We advise governments to formulate policies that protect investments that will trigger private-sector financing and FDI [foreign direct investment].
You were heavily involved in the development of agricultural and small and medium-size enterprises in China. What lessons can Africa learn from China?
There must be a vision and a strategy. Develop policies that support small and medium-size enterprises (SMEs) in the agriculture sector, to begin with. In China, the number one document released at the beginning of the year was a plan to support agriculture development. Second, take concrete measures. We cannot talk about empty themes. Third, support with financial resources, capacity building and training. Fourth, provide an environment for SMEs to thrive. Lastly, link the agricultural sector to agro-industry, agribusiness and manufacturing.
Not long ago, a World Bank report stated that Africa’s agribusiness could be worth $1 trillion by 2030. Could agribusiness be a game changer for the continent?
Yes, although I wouldn’t say that the $1 trillion figure is exactly accurate. But agriculture is a very important sector for Africa. The job creation element in the sector requires innovation. If you try to grow wheat, corn, fruits, etc without connecting to agro-processing food packaging and the global value chain, there is very little opportunity for job creation. Some people argue that if you introduce modern technology, some farmers may lose jobs. I don’t accept this argument because farming services connect to the market. With agro-processing, farmers have more time and capacity to do things beyond planting and growing crops.
The goal of the African Agribusiness and Africa Development Initiative, which UNIDO supports, is to link farmers to big markets. But African farmers cannot compete in the global marketplace because many Western governments subsidize farming. What’s your take?
Africa can be innovative about this. For instance, cocoa-producing African countries that used to export cocoa beans are currently producing some chocolate products locally. In Ghana, a private company is producing cocoa butter, cocoa oil and cocoa cake for domestic consumption. And UNIDO supported them with a laboratory, equipment and technicians to enable them to receive certifications to export to Europe and Asia. Consider Ethiopia, with 95 million people and millions of cattle and sheep and cows. But they only export around 7% of their live cattle to other countries because they don’t have processing capacity. They don’t have the standard certifications for export, although the quality of meat is excellent. Currently we are supporting Ethiopia to set up a project for testing so that they meet the criteria for exporting to other countries. Actually, African agriculture can connect to the global value chain.
Countries may set up agro-industries in areas where they have a competitive advantage, but the lack of technical skills and inadequate infrastructure, particularly roads and electricity, is still an issue.
We have the traditional toolboxes, including vocational training. Capacity training is a very popular UNIDO programme. With donor support, we develop training programmes like we did in Tunisia and Ethiopia, where young engineers received training in how to operate big equipment. The second example is that countries need large-scale agro-processing projects. For instance, Ethiopia developed hundreds of industrial parks that are helping develop the capacity to manufacture many more products.
Most foreign investors target Africa’s extractive sector, which generates few jobs. How do you encourage investments in the agriculture sector?
The best approach for Africa is not to say, “Don’t export raw materials.” Look at Australia and other countries that still export raw materials. They did their cost-benefits analysis and decided not to set up manufacturing companies. What is needed is market discipline. But this doesn’t mean that all countries must export raw materials. If they have the capacity, if there are foreign investors that come in to build factories and create jobs, why not?
Sustainable industrialization produces long-term results, I believe. Countries grappling with poverty need resources immediately. Such countries cannot slow down their unsustainable exploitation of natural resources.
I believe we should have industrial development in an inclusive, sustainable way. If we manufacture goods with a heavy pollution of water, soil or air, there’s a cost to people’s health. Think about what it will cost to address those pollutions in the future. At UNIDO, we do not approve projects for implementation unless they meet our environmental standards.
Are African leaders receptive to your ideas?
Most leaders I’ve met request UNIDO’s support. Except for countries in difficult situations such as those in conflicts, others need to show a strong commitment to industrialization.
Are you seeing such commitments?
Yes, in Côte d’Ivoire, Ethiopia, Kenya, Senegal, Tanzania and Zambia—many leaders are showing a commitment. The new Nigerian president is committed to industrialization. However, countries in conflict, such as the Democratic Republic of Congo [DRC], may have difficulties industrializing. The DRC has many resources, including gold and oil. They have a vast land—you can grow anything there—and a huge population. But internal conflict is slowing industrialization. Yet a peaceful Rwanda is moving very fast with industrialization. So it depends on a country’s situation, the commitments of its leadership and the efficiency of its administrative systems.
How do you see Africa in about 10 years?
Many countries will move up the socioeconomic ladder and become middle-income countries. There will be more industries to manufacture goods and create jobs. I think it’s possible. The global community is ready to support Africa. Most importantly, African countries are committed to industrial progress and economic growth.
*Culled from Africa Renewal
Partnerships at work in Africa
August 22, 2017 | 0 Comments
The construction of a liquefied natural gas terminal in Ghana to support power generation in the Kpone Power Enclave in the port city of Tema, near Accra, is reawakening hopes of an end to the energy crisis that has plagued the country in recent years.
Power outages have led to a rationing schedule that involves cutting power for 24 hours every two days. Businesses have been forced to connect standby power sources such as generators, incurring extra costs. Some have had to lay off workers.
The $600 million project, being implemented under a public-private partnership (PPP) between Quantum Power Ghana Gas and the Ghana National Petroleum Corporation, is expected to provide the West African nation with a reliable and efficient power supply.
The plant will add about 220 megawatts of electricity to Ghana’s national grid. The country now has 2,900 megawatts of generation capacity, not enough to meet the growing demand, which the National Energy Policy of 2010 estimated would be about 5,000 megawatts by 2016.
“We hope the project will address the dumsor once and for all,” says Nancy Osabutey, a resident of Accra. Dumsor (“on-off”) is a Ghanaian term commonly used to describe the erratic power availability in the country.
A recent report by the Institute of Statistical, Social and Economic Research, a Ghanaian-based think tank, estimates that the economy has lost $24 billion as a result of the energy crisis since 2010.
Like many African countries, Ghana is facing an infrastructure financing gap. Policy makers are starting to realise that PPPs can help fill such gaps.
“Africa has been growing over the last few years. It will be challenging to achieve economic growth without addressing the huge infrastructure financing and access gap in energy generation and transmission, roads and ports,” says Tilahun Temesgen, the chief regional economist at the Eastern Africa Resource Centre of the African Development Bank (AfDB).
The AfDB maintains that the continent needs about $100 billion per year for infrastructure investment, yet the total spending on infrastructure by African countries is just about half that, leaving a financing gap of about $50 billion.
“This difference should come from somewhere. Tapping into private-sector investment by unleashing the potential of PPPs is one innovative way of attracting financing for infrastructure in Africa, as this has a very high development and poverty reduction impact in Africa,” states Mr. Temesgen.
He adds, “Governments and development partners cannot fully close the current huge infrastructure financing gap. It is therefore vital to mobilise private-sector financing to support infrastructure developments.”
Private-sector financing is succeeding in different parts of the continent, just as it soon may in Ghana through the Kpone power plant.
In Côte d’Ivoire, the Henri Konan Bédié bridge in the capital, Abidjan, is considered one of the most successful PPP-funded projects in the post-conflict country.
The $265 million bridge, opened in 2014, connects two of Abidjan’s major districts—Riviera in the north and Marcory in the south—and has done away with over 10 kilometres of traffic congestion. About a hundred thousand vehicles use the bridge each day.
“This facility enables us to enjoy the benefits of better traffic conditions. We now take less time in traffic, meaning more time for productivity at work. A while ago we would spend more than three hours in traffic,” says Abraham Kone, a resident of Abidjan.
The bridge has also opened up the neighbouring hinterland, simplifying freight transportation to the Port of Abidjan, the largest port on Africa’s west coast.
Public-private partnership is also diversifying the country’s energy sector. The expansion of the Azito thermal energy plant involving the construction of two 144-megawatt power plants will save $4 million in energy costs each year and will enable Côte d’Ivoire to move from being a net importer of electricity to being a net exporter.
With the expansion, the energy plant, located six kilometres west of the port of Abidjan, is producing over 30% of electricity generated in Côte d’Ivoire, with some of it going to neighbouring countries, including Ghana.
Partnering with the private sector to promote sustainable development is something the government is talking a lot about.
According to Albert Toikeusse Mabri Abdallah, the Ivorian minister for planning and development, “Public-private partnership is in line with Côte d’Ivoire’s National Development Plan, which outlines building and renovating the country’s infrastructure to accelerate development.” The minister adds that “such collaboration will also ensure job creation and poverty alleviation.”
The Sustainable Development Goals (SDGs) envisage that PPPs can promote sustainable development in Africa. A key priority of the UN-founded SDG Fund is to bring together public and private entities to jointly address development challenges.
However, many African countries, according to an AfDB report, are still in the initial stages of PPP implementation “because their use of PPP schemes is still uncommon and PPPs are complex to implement.”
The report indicates that PPPs have historically been scarcer in sub-Saharan Africa than in the rest of the world. Telecoms transactions account form the bulk of PPPs on the continent, but energy PPPs have recently started growing significantly.
“PPPs are not easy. They need a number of issues to be successful. Above all, a stable macroeconomic environment is necessary,” explains Mr. Temesgen.
However, an environment characterised by inadequate regulatory frameworks, unclear rules and procedures and lack of political commitment inhibits growth of PPPs.
Uganda is one of the countries with a solid PPP programme. According to the AfDB document, this is the result of many factors, including support from the presidency and the ministry of finance, an earlier successful privatisation programme and a well-designed framework.
At a meeting in South Korea last November, Ajedra Gabriel Gadison Aridru, Uganda’s state minister for finance, planning and economic development, cited the PPP Act enacted in 2015 as a major enabler of the country’s PPPs. The law spells out the specific engagements of private partners in such partnerships. It also regulates the roles and responsibilities of government bodies during the development and implementation of PPP projects.
Concerns have been raised about severe environmental hazards following PPPs. Ghana Gas Company, for example, has been accused of failing to act as areas such as Atuabo, in western Ghana, continue to suffer the effects of oil and gas exploration that have led to widespread air and water pollution.
Because of concerns like this, governments are being urged to disclose information on risk assessments, including potential environmental and social impacts, of such mega-projects. Institutions such as the Bretton Woods Project would like to see more informed consultations, broader civil society involvement and closer monitoring of PPPs by all stakeholders.
*culled from Africa Renewal
Integrating Financial Services In Africa
August 18, 2017 | 0 Comments
A defining objective of the African Union is to promote sustainable development at the economic, social and cultural levels as well as the integration of African economies. This noble mandate, enshrined in Article 3, of the Constitutive Acts of the AU, actually predates the AU, and was a principal goal of the Organization of African Unity, OAU, the predecessor body of the AU.
Economic integration also provided a fundamental impetus in the formation of the various Regional Economic Communities, RECs, and monetary zones in Africa – viz. ECOWAS, UMOA, CEMAC, CEEAC, EAC, AMU, CEN-SAD, SADC, COMESA, IGAD, etc. Together, these RECs have striven to promote and co-ordinate social, political and economic integration in the continent.Interestingly, some countries are even members of up two or three RECs. This is a testament to the overarching criticality of economic integration in the vision, plans and activities of African states.
In this treatise, I will focus on the integration of financial services in Africa, an unheralded field, but where remarkable results are being recorded. A Payment System is a facilitator of monetary transactions, and a veritable integrative node. In the UEMOA zone, in West Africa, the Groupement Interbancaire Monétique de I’UnionEconomique et MonétaireOuestAfricaine, more widely known by its French acronym, GIM-UEMOA, set up by BCEAO, the Central Bank of West African States in 2003, in striving to create a cashless region, has grown to become a regional platform for cards, electronic payments, and clearing of interbank transactions. With over 100 banks, financial and postal institutions as members; cardholders in the GIM network,pay relatively low transaction fees.
Also, the Central African equivalent, GIMAC,created in 2013, under the guidance of the Central Bank of Central African States, BEAC, is working with Banks to integrate the electronic payments system in the region, and ensure inter-operability and acceptance of GIMAC cards, for ATMs, POS, etc, by banks and for international payments,and reduce transaction and cash handling costs, while facilitating e-commerce.
The East African Payment System, EAPS, provides a platform for the real time settlement of cross border payments in the region. Driven by the Central Banks in the region, and piloted in 2013, the payment system took off immediately in Kenya, Uganda, Tanzania, and subsequently, Rwanda. More remarkable is that EAPS is based on direct convertibility, and the use of the currencies of participating countries for transactions and settlement, without the intermediary facilitation of any OECD currency. For instance, transactions initiated in Tanzania shillings can be directly settled in Uganda shillings or Kenya shillings.
In Southern Africa, the SADC Integrated Regional Electronic Settlement System (SIRESS),and the Regional Payment and Settlement System, REPSS, launched separately in 2014, are two integrative payments systems worth referencing. Through SIRESS, funds can be wired, real time, to beneficiaries with accounts in SIRESS commercial banks. REPSS, with a clearing house in Zimbabwe, and the Central Bank of Mauritius as its Settlement Bank, utilizes an electronic platform for cross-border payments and settlement.
Quite positively, these initiatives, operationalized under the auspices of Central Banks, and with the active participation of commercial Banks are technologically advanced, rapid, and secure. While leveraging on the real-time gross settlement systems of the countries, they seek to enhance efficiency, reduce settlement time, lower transaction costs and generally facilitate intra-African trade, and economic integration in the continent.
In tandem, the banking sector, in Africa, has expanded exponentially in the last decade, in asset size and profitability; geography -distribution channels and network; product sophistication- digital banking, cards, mobile payments; and, financial inclusion. Access to financial services continues to improve across the continent. Furthermore, leveraging on enhanced capacity, pan-African banks are increasingly able to collaboratively finance large ticket and transformational infrastructural projects through syndications and risk sharing. Currently, the top 20 pan-African Banks have assets over $800b, with over 11,000 branches. Beyond banking, we are also witnesses to the birth and growth of pan-African insurance, micro finance, and other financial service companies across the continent that offer greater diversity and depth of products and solutions. All these have led to the increase in the range, frequency, and diversity in the classes of risks that Banks, and other financial institutions, face. Concomitantly, risk management, regulatory compliance and corporate governance have become more stringent, and with onerous application, as they remain important variables for assessing the health of Banks, in the drive towards overall sector viability and sustainability.
Imperceptibly, but surely, the regulatory environment of the financial services sector, is also being integrated. The Association of African Central Banks, headquartered in Dakar, brings together 39 regional and country Central Banks in Africa. In line with its statutes, and practices, its Assembly of Governors, usually meets yearly, to deliberate on financial system stability, monetary and payment system integration, the African Central Bank initiative, etc.Another critical arm is the Community of African Banking Supervisors (CABS) which works to strengthen banking regulatory and supervisory frameworks.In the last decade, I have observed, first hand, this increased collaboration between African Central Banks,with MOUs being signed, to facilitate cross border supervision, exchange of ideas and information sharing between host and home regulators. Also, the College of Supervisors set up by the Central Bank of Nigeria, as a forum that brings together host regulators of Banks, with headquarters in Nigeria, but with operations in other jurisdictions,to strengthen governance practices, and ensure soundness in the banking sector, is also a positive development.
An evolving trend in the African banking space, is the initiative to connect Africa, andenablecustomers of a bank to conveniently access their accounts, deposit cash and make cheque withdrawals in any branch, in different countries across Africa, where the bank operates, outside the primary country holding the account. This has the distinct capability to alter the face and operation of banking in the continent as it will open up and facilitate easy movement of goods, services capital, and people. I also look forward to the day, soon enough, for instance, when a Moroccan manufacturer of fertilizer visiting Zambia to negotiate a contract; agrees payment terms, issues a paymentinstrument right away to a Zambian exporter of high quality packaging materials and gets value immediately, using simple electronic payment instruments.
On the whole, these emerging trends contribute significantly to the on-going African-led processes of creating a powerful, vibrant pan-African financial infrastructure, to further undergird and deepen Pan African economic, commercial, business and social interactions through access to personal and business finance across Africa. Together with the various similar initiatives in different spheres by African economic communities identified above, these initiatives will serve as a powerful signal of the march of African economic advancement through financial facilitation to build a fully integrated financial system that enhances financial inclusion, and serves the people.
Work remains. To accelerate financial integration, existing regional mechanisms and frameworks, including those highlighted above, must now begin to coalesce and fuse into larger pan-African systems, Central Banking, common currency, payments and collections; intra-African trade facilitation; etc. In spite of existing differences, but given the importance and fluidity of finance to agriculture, infrastructure, industry and economic development, the largest economies in each region showered as regional anchors, within a defined framework of the Assembly of the African Union.
*Emeka is Executive Director; CEO Africa- Francophone at UBA Group.Piece culled from linkedin page.
The Africa Travel Association to host the 41st Annual World Tourism Conference in Rwanda this month
August 17, 2017 | 0 Comments
How AfDB’s investments in youth raise hope for a new Africa
August 13, 2017 | 0 Comments
“The future of Africa’s youth does not lie in migration to Europe; it should not be at the bottom of the Mediterranean; it lies in a prosperous Africa. We must create greater economic opportunities for our youth right at home in Africa.” – Akinwumi Adesina to G7 leaders
Sixty per cent of unemployed people are young women and men. Of the young people who are employed, many are trapped in low-productivity work in the informal sector. Providing young African people with the education, skills and capacities for gainful employment is considered an urgent priority.
Thanks to the African Development Bank (AfDB), a new crop of highly inspired young Africans are gradually emerging. AfDB’s initiatives in this area are seen as model of how the continent’s young population could become a development asset for a new Africa.
To enable them contribute to the economy and to achieve an improved quality of life, a growing number of youths are embracing small, medium and large agriculture-based industries nudged on by the AfDB.
They are taking hold of their destiny. They can be also found in education, health, ICT and other facets of entrepreneurship.
Indeed, latest statistics reveal that many young Africans are not only exploring their inner potential, they are taking advantage of innovation platforms, inspired by the African Development Bank.
Through initiatives like the Jobs for Youth in Africa (JfYA), Empowering Novel Agri-Business-Led Employment (ENABLE) Youth, and the African Youth Agripreneurs Forum (AYAF), the AfDB is equipping young people with the right skills for business and employment. AfDB has also strengthened its support for science, technology and innovation training by investing in centres of excellence, working in collaboration with the private sector.
With 200 million Africans recorded to be between the ages of 15 and 29, youth unemployment and underemployment are high. Investing in skills through technical and vocational education will be essential to enabling young people to find jobs and business opportunities.
“We will keep Africa’s youth in Africa by expanding economic opportunities. This will help Africa to turn its demographic asset into an economic dividend,” Akinwumi Adesina, President of the African Development Bank Group, said.
At the African Union Summit in January, the African Union (AU) adopted the theme for 2017 as “Harnessing the Demographic Dividend through Investments in Youth.”
AU Heads of States and Governments recognized a country-level demographic dividend as central to the continent’s economic transformation in the context of AU Agenda 2063 – its global strategy for socioeconomic transformation within the next 50 years.
Given Africa’s current demographic structure with a high youthful population, the regional body sees a substantial potential for economic transformation.
According to the AU Roadmap on Harnessing the Demographic Dividend through Investments in Youth, “Africa is on the march towards a more prosperous future in which all its citizens, young, old, male, female, rural, urban, of all creeds and backgrounds are empowered to realize their full potential, live with satisfaction and pride about their continent.”
AfDB is showing that this is doable and is already leading the way.
For instance, through its Jobs for Youth in Africa initiative, AfDB has taken a comprehensive and integrated approach to equipping young people for work and enterprise.
Over the next decade, Jobs for Youth in Africa projects to generate 25 million jobs and impact 50 million youths.
In the agriculture sector, the AfDB is focusing on Empowering Novel Agri-Business-Led Employment (ENABLE) Youth programs, developing small and medium enterprises and creating jobs in agriculture. ENABLE Youth is a programme for young African people (18-35 years old) wanting to start a business in the agricultural sector. It works to promote, enhance, and modernize agricultural entrepreneurship in Africa.
The stories from the ENABLE Youth participants are resounding.
In Uganda (the second largest producer of bananas in the world), Sam Turyatunga saw an opportunity in producing his own brand of banana juice. As a college student, Sam produced the juice in his own dormitory. Supported by AfDB, Turyatunga now produces 1,500 litres of banana juice daily and sells its product in three other countries in East Africa. His firm also supports 500 banana farmers.
At the African University of Science and Technology in Abuja, Nigeria, young scientists and researchers are being trained to enhance industrial innovation, competitiveness and sustainable development across the continent.
“We are integrating a youth employment component into new Bank projects, and are working closely with regional member countries to develop policies that promote youth employment,” said Adesina.
The Bank believes that harnessing the labour, energy and enterprise of young women and men is critical to driving economic growth and reducing poverty.
In line with its Jobs for Youth in Africa Strategy, the Bank is integrating a youth employment component into the design of every operation it undertakes.
The Bank is assisting its regional member countries to develop national youth employment policies, supporting innovative work on best practices to help young people become entrepreneurs, and making investments that catalyze the private sector to increase employment opportunities.
There is a consensus that the 2017 theme on Harnessing the Demographic Dividend through Investments in Youth, has the potential to have far-reaching implications that would address all the key issues that Governments have had to contend with, and change the development trajectory of Africa.
“We must create wealth and restore happiness to our nation. We can only do this when we have an educated and skilled population that is capable of competing in the global economy. We must expand our horizons and embrace science and technology as critical tools for our development,” said Nana Akufo-Addo, President of Ghana.
“The good economic prospects of our country must first profit our youth, because they are our greatest strength and our greatest wealth,” said Alassane Ouattara, President of Côte d’Ivoire.
AfDB’s leadership in this area is considered a viable example, which countries can tap into.
AFRICA’S SKYROCKETING UNEMPLOYMENT: WHO IS TO BLAME, THE UNIVERSITIES OR THE STATES?
August 12, 2017 | 0 Comments
By Moses Hategeka
A few years back, I wrote an article titled, “Universities/Varsity Curricula Must be Practical” that was published in, The Herald, Zimbabwe’s most popular and biggest Newspaper, and was as well republished in various other Newspapers and Magazines in other African countries.
In that article, I argued that, theory based and powered curricula as administered in most African universities, cannot spur a critical mass of skilled graduates needed to transform African economies and called, for its total overhaul.
In the same article, I called upon, African governments to step up funding to their universities and compel them to overhaul cramming based learning and adopt research powered learning.
Research powered learning especially in the experimental sciences curricula, makes students, to gain knowledge of producing inventions, innovations, and ground breaking technologies, which if backed by supportive conducive governments’ policies, can be a catalyst, in spurring industrial and entrepreneurial development in African countries. It also enables the students from social sciences and humanities field, to gain interdisciplinary knowledge, that in turn makes them, critical thinkers, capable of objectively analyzing public policies and other issues at hand, and provide remedies where inadequacies exists.
Africa’s skyrocketing unemployment problem, especially youth unemployment that is affecting millions of youth on the continent, is a manifestation, of the failure of governments and universities, to harmonize their visions, into one complimentary vision of finding solutions to the challenges facing the continent.
Universities are supposed to be the center of knowledge production and dissemination where learners are equipped with relevant knowledge and skills that makes them capable of solving societal problems and meeting societal needs. Are African universities serving this purpose fully?
Globally, research is a chief driver of new knowledge and innovation crucial for spurring sustainable industrial and entrepreneurial development, but how much of the research have African universities done or are doing that have translated or are translating into industrial commercial usable products? Why is it that, African industries are majorly powered by imported technologies despite the fact that we have engineering and technology faculties at our universities?
In the medical field, why is that all the health complications that requires specialized surgeries are mainly done outside Africa with those unable to afford it dying miserably despite us having medical schools/faculties at our universities? Still in medical sector, why is that the few molecular biologists in our countries are unable to use computerized technologies to read and analyze the genomes of viruses and only do so after being subjected to re-training by experts trained from abroad?
African governments are supposed to apportion a good percentage of their national budgets for research development, if research, is to result into implementable policies and industrial usable products. But wait a minute! Looking at countries’ national Budgets, how much money percentage wise does African countries allocate to their institutions for research development?
Governments are also supposed to create robust favorable environment and opportunities for its employable citizens not only at national level, but also at international level, by incorporating in their foreign policies and international relations, the issue of systematically and legally transporting their employable labor to other countries where it is needed through bilateral relations, like what Cuba, Russia, China, and India have done and are doing. What are African countries doing in this regard?
For example, on realizing that, it cannot employ, all its trained Doctors, Cuba, decided to integrate medicine as a fundamental element in its foreign policy and international relations, as thus, eighty percent of Doctors and health professionals in Venezuela, are Cubans, send there by the Cuban government, on bilateral arrangement with Venezuelan government, where by Cuba, supplies medical workers in return for oil and gas supplies from Venezuelan government. Cuba also has hundreds of Doctors working on bilateral arrangement in other Latin American and African countries. Russia, India, and China, who produces, highest number of technology specialists and professionals in life and experimental sciences also does the same.
To the Chinese government, where there is Chinese capital and trade, there should be Chinese labor. Many people keep on wondering, why there is large presence of Chinese engineers, technicians, and traders, especially allover in African countries and other developing nations, forgetting that, transportation of labor to foreign countries, is a cardinal part of Chinese foreign policy and international relations. In fact, all the major infrastructural development projects in Africa, like major road high ways, Dams, buildings and industries construction, have been and are being executed by Chinese supported companies and labor
To overcome, the waves of rural- urban migration tied unemployment, and curb horrible unemployment figures among its science and technology specialists, the Chinese government, developed an economic diversification policy aligned, to urbanization, industrialization, and transformation of rural locations, into production centers, which involved relocating major industries from already congested industrial centers to rural areas, thus expanding industrial base and creating new towns and employment in the process, Wuxi and Nantong for example, owe their transformation from rural to major industrial centers to this policy.
In sum, universities’ curricula must be research derived and interdisciplinary powered, for the graduates to translate the acquired knowledge and skills, into industrial usable products and attaining critical thinking skills, capable of finding solutions to the societal challenges and needs and African governments must ably fund their varsities for this to happen in addition to putting in place, the implementable policies that stimulate entire spectrum
Moses Hategeka is a Ugandan based Independent Governance Researcher, Public Affairs Analyst, and Writer
Fitch affirms African Development Bank’s Triple ‘A’ rating with Stable Outlook
August 12, 2017 | 0 Comments
Leading global rating agency Fitch Ratings has affirmed the African Development Bank’s (AfDB) Long-Term Issuer Default Rating (IDR) at ‘AAA’ with a Stable Outlook and its Short-Term IDR at ‘F1+’ (best quality grade, indicating exceptionally strong capacity to meet its financial commitments).
In a statement released on 4 August, the agency said the ‘AAA’ rating primarily reflects extraordinary support from AfDB’s shareholders which provides a three-notch uplift over the Bank’s intrinsic rating.
“AfDB enjoys strong support from its 80 member states, which include 26 non-African countries with high average ratings. Callable capital subscribed by member states rated ‘AAA’, the largest of which are the US, Germany and Canada, accounts for 21% of the total. This fully covered the Bank’s net debt at end-2016, underpinning the ‘aaa’ assessment of shareholders’ capacity to support,” the statement said.
The report underscores the strong propensity of member states to support the Bank in case of need as illustrated by previous capital increases and the Bank’s important role in the region’s financing.
In the assessment, Fitch maintains that fast growth in AfDB’s lending in the last two years has translated into a rapid increase in its indebtedness, noting that the Bank’s Management has indicated that if there is no clear evidence of a capital increase within the next two years, it will have no choice but to curb lending growth to preserve the Bank’s solvency metrics. The report added that if no capital increase is approved by 2019, debt will not be fully covered by callable capital from ‘AAA’ rated countries, adding that this would place substantial pressure on Fitch’s assessment of extraordinary support and, hence on AfDB’s IDR.
Fitch asserts that the relatively high risk profile of borrowers is mitigated by the preferred creditor status (PCS) that the Bank enjoys on its sovereign exposures.
Fitch assesses AfDB’s liquidity at ‘aaa’, which reflects excellent coverage of short-term debt by liquid assets (2.9x). However, Fitch notes that the share of the portfolio invested in securities or bank placements rated ‘AA-‘ or above (83% in 2016) is declining, although their quality is still assessed at excellent. Fitch understands that management intends to rebalance the treasury assets portfolio in order to increase the proportion of assets rated ‘AA-‘ or above. This would help underpin Fitch’s assessment of the strength of extraordinary support, given the relevance of liquid assets’ quality to the net debt calculation.
“The -1 notch adjustment to AfDB’s solvency stemming from our assessment of its business environment reflects the high risk operating environment in which the bank operates,” the report says, noting that the majority of African countries are classified as low income by the World Bank. The average income per capita and average rating of member states are the lowest of all regional MDBs, and they are subject to an overall high level of political risk.
Commenting on the rating, AfDB Acting Vice-President for Finance, Hassatou Diop N’Sele, said, “We welcome the confirmation of the AfDB’s AAA rating by Fitch, with a stable outlook. The Bank is dedicated to doing the most to make a marked positive difference in the lives of hundreds of millions of Africans, while at the same time preserving its financial integrity. Our High 5agenda is our response to the need to accelerate and scale up Africa’s development to achieve the Sustainable Development Goals of the continent. The High 5 agenda, reflecting five identified priority areas (namely energy, agriculture, industrialization, integration and human capital development), enjoys strong support from our shareholders. The AfDB will continue to maintain a careful balance between maximizing its development effectiveness and assuring complete preservation of the interests of its stakeholders.”
CONSTITUENCY FOR AFRICA ANNOUNCES COLLABORATION WITH THE AFRICAN UNION AND THE ELLIOTT SCHOOL OF INTERNATIONAL AFFAIRS FOR THE 2017 RONALD H. BROWN AFRICAN AFFAIRS SERIES
August 4, 2017 | 0 Comments
WASHINGTON, DC (August 3, 2017) – The Constituency for Africa (CFA) announces its collaboration with the African Union (AU) and the Elliott School of International Affairs at the George Washington University for the 2017 Ronald H. Brown African Affairs Series. This year’s Series will be held from September 18th through September 23rd in Washington, DC.
“I am excited about CFA’s partnership with the African Union and George Washington University,” stated Mr. Melvin P. Foote, CFA’s Founder, President & Chief Executive Officer. “We have worked closely with both institutions in previous years, and our collaboration this year affords CFA the opportunity to more closely align our efforts with the AU and George Washington University to engage the Diaspora on meaningful policy issues that affect the lives of hundreds of millions of Africans and Africans in the Diaspora.”
The theme of the 2017 Ronald H. Brown Series is “Mobilizing the Diaspora in Support of the U.S.-Africa Agenda.” The purpose of the Series will be to bring together stakeholders from the U.S., Africa, and throughout the Diaspora to assess the U.S. Administration’s Africa policy, and to identify challenges and opportunities. Participants in the Ronald H. Brown Series will discuss critical issues in a number of key areas, including Healthcare Infrastructure, Democracy & Governance, Trade & Investment, Next Generation Leadership, Agriculture, and Diaspora Engagement. Based on these discussions, CFA and its partners will produce a Diaspora strategy to include policy recommendations for the U.S. Administration and the AU.
Over the first three days of the Ronald H. Brown Series, CFA will convene several policy roundtables at the AU Mission in Washington, DC. “The AU looks forward to hosting CFA and its participants. Over the years, we have followed CFA’s work closely, and believe that CFA is having tremendous impact on U.S.-Africa policy. Additionally – and just as important – CFA’s work to educate and mobilize the African Diaspora is consistent with one of our key activities at the AU Mission. The AU is fully aware that sustainable development in Africa must involve the African Diaspora,” said H.E. Arikana Chihombori, the AU’s Permanent Representative to the U.S.
After the conclusion of the policy roundtables, CFA will convene a U.S.-Africa Policy Forum hosted by the Elliott School of International Affairs at the George Washington University in Washington, DC. In 2016, this Policy Forum was Co-Chaired by the Honorable Andrew Young, former U.S. Ambassador to the United Nations and Mayor of Atlanta, Georgia; and His Excellency Hage Geingob, President of the Republic of Namibia. “Last year’s U.S.-Africa Policy Forum was a tremendous success,” said Ambassador Reuben E. Brigety, Dean of the Elliott School of International Affairs (ESIA), who hosted and moderated the Forum. “Based on our experience last year, ESIA expects the upcoming U.S.-Africa Policy Forum to provide a platform for a robust and productive policy discussion. I look forward to an exchange of ideas, and the development of substantive policy recommendations for the U.S. Government and the African Union.” ESIA will also host the CFA Chairman’s Reception on the evening of Wednesday, September 20th.
For more information on this year’s Ronald H. Brown African Affairs Series and to register for events, please visit www.ronaldbrownseries.org.
For over 26 years, CFA has established itself as one of the leading, non-partisan organizations focused on educating and mobilizing the American public and the African Diaspora in the U.S. on U.S.-Africa policy. As a result, CFA has helped to increase the level of cooperation and coordination among a broad-based coalition of individuals and organizations committed to the progress, development, and empowerment of Africa and African people worldwide.
The African Union Representational Mission to the U.S. is the first bilateral diplomatic mission of the African Union. Officially launched on July 11, 2007 in Washington, DC, its mandate is to undertake, develop, and maintain constructive and productive institutional relationships between the African Union and the executive and legislative branches of the U.S. Government, the African Diplomatic Corps, the Africans in the Diaspora, and the Bretton Woods Institutions.
About the Elliott School of International Affairs
The George Washington University has educated generations of international leaders and advanced the understanding of important global issues since 1821. The Elliott School of International Affairs, named in honor of former GW President Lloyd H. Elliott and his wife Evelyn, is dedicated to this mission. ESIA trains its students in the theory and practice of international affairs, offering them in-depth analysis of international economic, political, scientific and cultural issues. The School’s widely respected faculty prepares Elliott School students for global careers in the public, private and non-profit sectors.
Heads of State and business leaders to gather once again in Sharm El Sheikh for Africa 2017
August 3, 2017 | 0 Comments
Over 1,000 delegates expected during the three-day forum to discuss and collaborate on African trade and investment
CAIRO, Egypt, August 2, 2017/ — The Ministry of Investment and International Cooperation of Egypt and COMESA Regional Investment Agency announced today the holding of Africa 2017 (www.BusinessForAfricaForum.com), a high-level forum offering participants an unparalleled platform for promoting trade and investment within Africa. The Forum will be held under the High Patronage of H.E. President Abdel Fattah El-Sisi, President of the Arab Republic of Egypt on 7-9 December 2017, in Sharm El Sheikh, Egypt.
The three-day conference will convene high-level delegations of leaders in business and policy from across Africa and worldwide, including heads of state and some of the most important CEOs of the continent.
Africa 2017 will kick-off with a Young Entrepreneurs Day (YED) that will bring together emerging entrepreneurs with more established ones, in addition to mentors, start-up hubs, angel investors and venture capital firms, to share ideas, network and help drive further the business ideas of tomorrow. The Africa 2017 YED has partnered with top-notch incubators, entrepreneurship programmes and VC funds. Egypt is known across Africa and the Middle East to have developed pro-innovation ecosystems where emerging entrepreneurs have been able to flourish.
In 2015, Egypt hosted the Tripartite Summit where a free trade agreement was signed, bringing together three regional economic communities, SADC, EAC and COMESA, effectively creating, with its 26 Member States, the largest trading block on the continent. This ‘borderless economy’ would rank as 15th in the world in terms of GDP.
Speaking on the Forum, H.E. Dr. Sahar Nasr, Egypt’s Minister of Investment and International Cooperation, reiterated the African opportunity based on business-minded reforms taking place across the continent: “The Forum has the objective of promoting investments into our continent, and especially cross-border investments. In Egypt, we have undertaken an ambitious economic reform programme, of which a key ingredient is improving the business environment and overall country competitiveness. Such efforts go hand-in-hand with our commitment to serve as a strategic gateway for Africa and the world.”
As part of the Forum, Egypt will be showcasing its flagship mega-projects including the construction of a new capital city 45km outside of Cairo, and a number of industrial and special economic zone projects along the Suez Canal, among others.
This Forum reinforces Egypt’s commitment to support and enhance the economic and cultural integration of Africa and to spur investment into what is still one of the fastest growing regions in the world.
Commenting on the sustained investor confidence with regards to Africa and the Forum, Heba Salama, COMESA Regional Investment Agency Director, says that “Africa, and in particular the COMESA Region, continues to offer some of the best returns on investment in the world. Africa 2017 will be an unparalleled occasion to gather the architects of Africa’s future and drive further the transformative investment projects of tomorrow”.
The Forum is by invitation only. Interested parties can apply for an invitation through the event website www.BusinessForAfricaForum.com.