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Observers in the spotlight ahead of Kenya’s election re-run
September 7, 2017 | 0 Comments

By CHRISTOPHER TORCHIA*

FILE - In this Tuesday, Oct. 4, 2016 file photo, U.S. Secretary of State John Kerry pauses during a speech on the future of "Transatlantic Relations" during an event hosted by The German Marshall Fund (GMF) and the U.S. Mission to the EU at Concert Noble in Brussels, Belgium. The re-run of Kenya's presidential election after the Supreme Court invalidated the Aug. 8 vote for irregularities has exposed high-profile observer missions to allegations that they endorsed a faulty process. (AP Photo/Geert Vanden Wijngaert, File)

FILE – In this Tuesday, Oct. 4, 2016 file photo, U.S. Secretary of State John Kerry pauses during a speech on the future of “Transatlantic Relations” during an event hosted by The German Marshall Fund (GMF) and the U.S. Mission to the EU at Concert Noble in Brussels, Belgium. The re-run of Kenya’s presidential election after the Supreme Court invalidated the Aug. 8 vote for irregularities has exposed high-profile observer missions to allegations that they endorsed a faulty process. (AP Photo/Geert Vanden Wijngaert, File)

The re-run of Kenya’s presidential election after the Supreme Court invalidated the Aug. 8 vote for irregularities has exposed high-profile observer missions sent by The Carter Center, the European Union and others to allegations that they endorsed a faulty process with generally supportive reviews of what they witnessed on voting day.

Last week’s surprise court ruling nullifying President Uhuru Kenyatta’s re-election has been called a first in Africa. Opposition leader Raila Odinga, who challenged the vote in court and claimed vote-rigging, turned his anger on observer missions, accusing them of moving quickly “to sanitize fraud.” He said their role should be examined.

As Kenya wonders whether officials can get the election right a second time around, observer missions that included former Secretary of State John Kerry and former African leaders face criticism that they viewed the vote too narrowly and were inclined to favor the stability associated with the incumbent leader.

The observer missions have defended their work, saying they pointed out shortcomings in the election at the time and urged dissatisfied parties to take any grievances to court.

Even so, any missions that monitor the new election scheduled for Oct. 17 are likely to be more restrained to avoid a perception of rushing to judgment, some analysts say.

“I think that they will be extremely cautious,” said Jonas Claes, a senior program officer at the United States Institute of Peace. He said he anticipates “a lot more neutral and bland statements.”

Odinga is pushing for changes to Kenya’s electoral commission and has said he won’t accept the new election date pending “legal and constitutional guarantees.” That adds to uncertainty in the East African nation whose economic potential and long-term stability bolster its profile on the continent.

Some Kenyans believe their country’s strategic importance, as well as the haunting memory of ethnic-based violence that left more than 1,000 dead after the 2007 election, influenced election observers mindful of how much was at stake.

“Stability became a critical factor and that made the foreign missions, particularly the observers, hurriedly make statements that did not, in my view, really look at the process in its entirety,” said Peter Aling’o, a Kenya-based senior research consultant with the Institute for Security Studies.

Aling’o said some international observers were in Kenya for a short time, commenting positively on what appeared to be smooth voting in remarks that overshadowed questions about the electronic transmissions of results from polling stations.

The Carter Center, which commended the Supreme Court after its ruling, said its Aug. 10 statement on the vote noted that “election day voting and counting processes had functioned smoothly but that the electronic transmission of results proved unreliable.”

The EU observer mission said that, prior to the court’s ruling, it had encouraged Kenya’s electoral commission to publish all results forms because “full transparency” was needed to ensure confidence in the final tallies.

Some observer missions have hesitated to participate in certain African elections in the past.

The EU did not send a full-fledged mission to monitor Angola’s presidential election last month because it said the government there wanted to impose restrictions, including limited access to polling stations. An African Union mission concluded that Angola’s election was “generally conducted” in line with international standards, despite opposition complaints of irregularities.

Another African test for observers looms in Liberia, which holds presidential elections on Oct. 10.

Most observer missions in Kenya highlighted flaws in the election but nevertheless gave the impression that “it was time to move on” because the results were sound, the International Crisis Group said.

“Their voice in what is likely to be a fraught campaign and poll over the coming weeks will be critical,” the group said. “In this context, observer missions will need to redouble efforts to define precisely and with greater clarity their conclusions in all public statements.”

Aly Verjee, an expert at the United States Institute of Peace, cited a disputed 2011 gubernatorial election in South Kordofan, Sudan, which triggered deadly conflict, as “one of the most egregious examples” of the failure of international observers. In that case, he said, observers prematurely endorsed the poll despite evidence of irregularities.

However, Verjee described much of the criticism of Kenya’s election observers as unfair, noting that respected missions urged Odinga to take his complaints to court even though his supporters initially said they would not.

Election observers, Verjee said, “are not forensic investigators, nor police, nor should anyone expect them to be.”

*ABC/AP

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Five years on: Syngenta’s Africa ambition bearing fruit, but access to technology by small farmers remains limited
September 7, 2017 | 0 Comments
Smallholder development projects, run in partnership with industry, academia, farmer organisations, civil society and enabled by national governments and international organizations, are crucial to achieving impact at scale
ABIDJAN, Ivory Coast, September 6, 2017/ —

  • African market leader in agritech initiates stock-taking exercise with African partners
  • African Green Revolution Forum a “springboard” for forging more collaborations to reach more smallholders
A lead farmer checks his rice field in Senegal

A lead farmer checks his rice field in Senegal

In 2012, following the G8 in Camp David, USA, Syngenta (www.Syngenta.com) announced an ambitious ten-year growth plan for our African business. This year marks the midway point in our African growth journey. Syngenta wrote in the Wall Street Journal “the continent can be food-secure within a generation…a boon for business and humanity alike” (May 22, 2012). As we take stock, what have we achieved so far and where are the bottlenecks?

Tabitha Muthoni grows tomatoes in Utange, near Mombasa. There are more than 450 million smallholder farmers like her around the globe, most of whom have family farms of less than 2 hectares of land.

For farmers like Tabitha, increased productivity can make a big difference in their ability to support their families, send their children to school and continue investing in their fields.

Tabitha Mavuno Zaidi

Tabitha Mavuno Zaidi

Since 2016, Tabitha has been part of Mavuno Zaidi, a project by Syngenta and TechnoServe that tackles difficulties faced by potato and tomato farmers in Kenya, including access to inputs, training opportunities and post-harvest storage solutions. Farmers participating also get better linkages to local markets. “Before the program” Tabitha says, “I had tried out tomato farming but had little knowledge on the crop and its diseases, often visiting agrovets with picked leaves to explain the problems I was facing.” Now she makes $5,000 per season on her small tomato farm—an increase from $2,000—and has grown from 4 to 11 employees.

To date, Mavuno Zaidi, or “grow more” in Swahili, has helped Syngenta and TechnoServe reach over 25,000 farmers, returning an average productivity increase of 185% for those tomato farmers.

Reaching out to farmers like Tabitha is just one example of our Africa ambition.

Alexandra Brand, Syngenta’s Regional Director for Europe, Africa and Middle East, joining this week’s AGRF explains, “Our chief aim is supporting the inclusion of smallholder farmers into viable value-chains so that they produce more of what national and global markets want. We strive to transform farmer yields at scale and increase their profitability in a way that creates sustainable value.”

How does Syngenta do this exactly?

Alexandra summarizes: “Our expertise lays in bringing top-class technology and agronomic knowledge tailored to the needs of diverse growers. Recognizing that Syngenta cannot achieve these goals alone and that farmers require holistic solutions, we continue to invest in innovative partnerships. These collaborations must tackle such barriers faced by African farmers as access to inputs, inadequate financial solutions, limited produce aggregation, dysfunctional markets, skills and information gaps.”

But despite many collaborative efforts, progress is slow.

Moving Africa closer to the UN Sustainability Development Goal of “Zero Hunger” requires long-term commitment. Moreover, the food chain revolving around the smallholder remains too disjointed.

Alexandra elaborates: “We see AGRF as a springboard to build stronger partnerships with like-minded organizations who share our vision and who can complement our skills and expertise with their own.”

Smallholder development projects, run in partnership with industry, academia, farmer organisations, civil society and enabled by national governments and international organizations, are crucial to achieving impact at scale. We at Syngenta believe that only through creative and committed collaborations can farmers access the full suite of products and services they need to succeed.

Tabitha Mavuno Zaidi

Tabitha Mavuno Zaidi

Syngenta is a leading agriculture company helping to improve global food security by enabling millions of farmers to make better use of available resources. Through world class science and innovative crop solutions, our 28,000 people in over 90 countries are working to transform how crops are grown. We are committed to rescuing land from degradation, enhancing biodiversity and revitalizing rural communities.

Working across more than 50 countries in Africa and the Middle East with a team of over 3000 people, Syngenta is driving growth through local investment, capacity building and business development initiatives that aim to provide crop protection and seed technologies tailored to the specific needs of this territory’s vast potential. Our ambition is to increase large and small scale farmer’s ability to sustainably invest in agriculture, leading to dignified livelihoods and thriving rural communities.

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Africa50 to Announce its New Strategy, New Investments, and New Members at its Shareholder Meeting in Dakar on September 12
September 7, 2017 | 0 Comments

CASABLANCA, Morocco, 7 September 2017, Africa50, the pan-African infrastructure investment platform, will hold its third Shareholders Meeting in Dakar on Tuesday, September 12, at 11:00 a.m. at the King Fahd Hotel.

Hosting the first such meeting in West Africa, his Excellency Macky Sall, President of the Republic of Senegal, will welcome the delegates. His Excellency Bruno Tshibala, Prime Minister of the Democratic Republic of Congo, will also attend. Dr. Akinwumi Adesina, President of the African Development Bank and Chairman of the Board of Directors of Africa50, will give a feature address, and Africa50 CEO Alain Ebobissé will provide updates on Africa50’s most recent investments and its growing investment pipeline, as well as announcing two new country shareholders. Africa50’s 23 shareholder governments will be represented by finance ministers, senior officials, and ambassadors. Distinguished members of the business community and the Senegalese government will also attend.

Delegates will review Africa50’s 2016 activities and approve its financial statements. Africa50’s Board of Directors will present the fund’s updated investment, fund-raising and capital increase strategies.

Following the event, the media is invited to a press conference with the principals at 12:30 p.m. at the hotel conference center.

Africa50 is an infrastructure investment platform that contributes to the continent’s growth by developing and investing in bankable projects, catalyzing public sector capital, and mobilizing private sector funding, with differentiated financial returns and impact.

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ATA’s 41st Annual World Tourism Conference Showcases African Tourism
September 5, 2017 | 0 Comments
Rwandan President Paul Kagame in a hand shake with Florie Liselle of the CCA

Rwandan President Paul Kagame in a hand shake with Florie Liselle of the CCA

Kigali, Rwanda – September 5, 2017: The Africa Travel Association (ATA) hosted the 41st Annual World Tourism Conference in Kigali, Rwanda from August 28-31, 2017. The conference, which was developed to promote tourism as an engine for economic growth across Africa, was attended by H.E. Paul Kagame, President of the Republic of Rwanda, who delivered the keynote address.

Hosted in collaboration with the Rwanda Development Board (RDB), The 41st Annual World Tourism Conference attracted a select group of more than 200 public and private stakeholders in the African tourism sector including ministers of tourism, senior officials of national tourism boards from across the continent, airlines, hotels, travel agents and tour operators, as well digital platforms and service providers in the tourism industry such as TripAdvisor, Expedia, MasterCard, Tastemakers Africa, Facebook, Uber, Afro Tourism, Tourvest, and Marriott International.

In addition to President Kagame, other notable guests included Dr. Mukhisa Kituyi, UNCTAD Secretary-General, Ms. Clare Akamanzi, CEO of RDB and the United States Ambassador to Rwanda, Amb. Erica Barks Ruggles.

“Rwanda, like other countries on the continent, is keen to convert our favourable demographics into economic growth and prosperity,” said President Kagame in his keynote address. “The services sector – in particular, tourism – provides some of the best opportunities.”

Tourism is already doing well in Rwanda and the country is a strong example of how tourism can boost economic growth. The tourism sector is the country’s largest foreign exchange earner and Rwanda has liberalized its visa policies, which has led to a huge growth in tourists especially from Africa. The government is also investing heavily in infrastructure including a new airport to support a growing number of tourists. President Kagame did note however, that more could still be done to grow Rwandan tourism especially by harnessing technology and the new opportunities technological innovation can bring.

“This conference is particularly important to us, because tourism plays a key role in Rwanda’s economy,” said Ms. Clare Akamanzi, CEO of RDB, who welcomed attendees to Rwanda. According to Ms. Akamanzi, Rwanda’s tourism receipts doubled between 2010 and 2016 to more than USD $400 million.

CCA President and CEO, Ms. Florie Liser focused on the unique role ATA and CCA will play in the sector’s development “Under CCA’s new vision and leadership, I would like to affirm our commitment to continuing the promotion of sustainable development of tourism to and within Africa through new initiatives,” said Ms. Liser. One of those initiatives, ATAcademy, is a platform to support capacity building and inclusive growth for tourism professionals on the continent. The second initiative, ATA Connex, will focus on increasing investments in tourism through facilitated business-to-business and business-to-government linkages.

As part of the ATAcademy initiative, ATA hosted a series of capacity building sessions at the conference. Travel agents and tour operators attended sessions focused on North American travelers and on the tourism market and sustainability. “The United States – we are pleased to say – accounts for the single largest source of tourism in Rwanda as well as the largest single bilateral foreign direct investment country,” said U.S. Ambassador Erica Barks Ruggles.

UNCTAD Secretary-General, Dr. Mukhisa Kituyi, shared highlights of the recent UNCTAD report on African tourism, Economic Development in Africa Report 2017: Tourism for Transformative and Inclusive Growth. “The most startling and interesting discovery in our study is that by far, the fastest growing tourism in Africa is intra-African tourism,” said Dr, Kituyi. “Intra-African tourism is 12 months a year.” Over the last 10 years, intra-African tourism has grown from 34 percent to 44 percent of total African tourism revenues and is projected to be more than 50 percent in the next 10 years. Dr. Kituyi also emphasized a need to change Africa’s image perception and the importance of peace and security for tourism to thrive.

In less than 15 years, Africa’s travel and hospitality industries have quadrupled in size, and the continent remains one of the world’s fastest-growing tourist destinations, second only to Southeast Asia. The 41st World Tourism Conference featured more than 20 in-depth plenaries and breakout sessions with industry experts and professionals to discuss the latest trends and insights in African tourism and how best to grow the continent’s market share.

This year was the first time ATA’s Tourism Conference was hosted in Rwanda. The conference aligned with Kwita Izina, Rwanda’s annual gorilla naming ceremony, a national celebration creating awareness of the country’s efforts to protect the jewel of Rwanda’s tourism crown: the mountain gorillas and their habitat.

About the Africa Travel Association 

Established in 1975, The African Travel Association serves both the public and private sectors of the international travel and tourism industry. ATA membership comprises African governments, their tourism ministers, tourism bureaus and boards, airlines, cruise lines, hotels, resorts, front-line travel sellers and providers, tour operators and travel agents, and affiliate industries. ATA partners with the African Union Commission (AU) to promote the sustainable development of tourism to and across Africa.

About the Corporate Council on Africa

Corporate Council on Africa (CCA) is the leading U.S. business association focused solely on connecting U.S. and African business interests. CCA serves as a neutral, trusted intermediary connecting its member firms with the essential government and business leaders they need to do business and succeed in Africa.

*Courtesy of CCA

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Zuma Has Broken Businesses’ Trust, South African Lobby Says
September 4, 2017 | 0 Comments
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Cyril Ramaphosa: South African deputy president admits affair
September 4, 2017 | 0 Comments
Cyril Ramaphosa: "I am being targeted and smeared"

Cyril Ramaphosa: “I am being targeted and smeared”

South Africa’s Deputy President Cyril Ramaphosa has admitted having an extra-marital affair, but denied reports of multiple affairs.

Speaking after allegations about his private life were published in newspapers, he accused political opponents of trying to smear him.

Mr Ramaphosa is planning to contest the leadership of the governing African National Congress (ANC).

President Jacob Zuma steps down from the post later this year.

Mr Ramaphosa’s private emails were apparently hacked into to prove an affair between him and a medical doctor.

The emails reportedly suggest he also had a series of affairs with young women, and had unprotected sex.

The deputy president admitted he had had an affair with a doctor eight years ago, but said the other women named in connection with him were students he and his wife supported to further their education.

Mr Ramaphosa had tried to block publication of the allegations in the courts, arguing that his private affairs were not in the public interest.

He also said he would ask the country’s inspector general of intelligence to investigate the hacking of his emails.

“I had a relationship with only one person and it ended. I dealt with it with my wife,” Mr Ramaphosa told South Africa’s Sunday Times.

“I have to be prevented at all costs from ascending to the position of president of the ANC. Some have even said it will be over their dead bodies.

“I have not committed any crimes, I have not stolen any money, I have not looted state resources. But I am being targeted and smeared.”

The 64-year-old and Mr Zuma’s ex-wife Nkosazana Dlamini-Zuma are the front runners to replace Mr Zuma when he steps down as ANC president in December.

The leader of the ANC automatically becomes the party’s candidate for president of the country.

*BBC

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RAILA ODINGA: THE CONFLICTING PERSONALITY OF AN ELECTION PETITION WINNER
September 3, 2017 | 0 Comments

By Chief Charles A. Taku*

NASA Presidential aspirant Raila Odinga addressing the Press

NASA Presidential aspirant Raila Odinga addressing the Press

Honourable Raila Omolo Odinga, the controversial and polarizing Kenyan opposition politician is a conflicted personality. He is a career politician and civil society political activist combined.  These qualities make him unmistakably the Lakayana of Kenyan politics. While both qualities may on occasion advance his diverse political objectives, they often collide at critical moments in his political life making the attainment of his political ambition elusive.

These qualities make him complex; even mesmerizing. Those who love and adore him, do so passionately. Those who abhor and distrust him do so passionately in equal measure. He is unmistakably a polarizing personality in dire need of political power in a country in need of a uniting leader.

During the last election which earned Uhuru Kenyatta his first presidential mandate, Philip Ochieng, one of the most respected journalists in Kenya, wrote in the Sunday Nation that following on the footsteps of his father Jaramogi Odinga Odinga, Raila Omolo Odinga was his own worst enemy. All it needs to prove the validity of this assessment, is to provide Raila with a platform and crowd.  Then he has no control over his speech, its consequences and its political cost.  This quality was on display when he faced the press, his cheering supports and an anxious electorate after the delivery of the Supreme Judgment in his favour annulling the presidential elections in which President Uhuru Kenyatta was proclaimed the winner.

He was everything but presidential in his speech. Rather to take the opportunity of that rare election petition victory to calm a politically restive nation.  He threatened, castigated, criticized, pontificated, and baited his perceived or real enemies.  In short, he sounded more like a civil society political activist during his election petition victory speech than a presidential candidate who had just been granted another lease of life to contest a crucial election in two months. In the end, he failed to even appeal to the electorate to vote for him.

The hard fact is that, the decision of the Supreme Court of Kenya annulling the Presidential election result that favoured President Uhuru Kenyatta should be applauded not for its outcome, for like all judicial decisions it still has to undergo the rigours of informed scrutiny, but for the fact that at long last an African country, and Kenya for that matter, has proved that it has the capacity to deliver effective, efficient and independent justice. The International Criminal Court with the hypocritical approval of erstwhile colonial Western powers relied on this fallacy to violate the complementarity  safeguards of the Rome treaty to inappropriately target Kenya and indeed Africa in its interventions from when it was established.

The constitution of Kenya that provided the constitutional guarantees of the separation of powers which was exercised in the full glare and satisfaction of the world at large in particular the Western world, in this election petition,  was in place when Moreno Ocampo, urged on by the same Western actors and by Raila Odinga intervened in the 2007 election violence conflict in Kenya on the grounds that Kenya did not have an effective, efficient and independent Judiciary to investigate and punish the perpetrators of the 2007 election violence. With the present decision, the scales of prejudice have sudden fallen and the Kenya Judiciary is all praises from the patronizing erstwhile colonial West; not for the justice of the Supreme Court judgment that is still subject to judicial scrutiny, but for the fact that in context, it comes close to doing what they would have wanted done but for the fact that in this case, popular sovereignty as opposed to judiciary fiat may yet again determine the outcome of the elections in two months.

I must admit, and all respecters of the rule of law must, as President Uhuru Kenyatta did, that the Supreme Court of Kenya and indeed the lower courts before whom election petitions were brought, fulfilled their constitutional mandate effectively, efficiently and independently. For this, the Judiciary of Kenya merits praise. It always has. It is another thing if the outcome of judicial proceedings before the courts were acceptable or not.  In this case, the ultimate arbiter, call it the supreme judge is not the judiciary, it is the sovereign people of Kenya in their exercise of its inalienable, unimpeachable right of popular sovereignty to elect its leaders.

If there was any lingering doubt therefore, about the falsity of the claims that Kenya did not have an independent, efficient and effective judiciary as alleged by Moreno Ocampo and his handlers, then the successful litigation of election petitions by Kenyan lower courts and ultimately, its Supreme Court has proved them wrong. However, the ghost of the ICC was visible in this election and will remain visible in the next round and future elections. In many ways, it will inhibit the ability of Raila Odinga to win the repeat elections.

Four judges overruled two others, believing there was enough uncertainty to undermine the election result

Four judges overruled two others, believing there was enough uncertainty to undermine the election result

This may be discerned from the misplaced message conveyed through his Supreme Court election petition celebratory speech. His resolve to prosecute election officials instead of using the moment to celebrate in measured humility, reassure millions of voters who perceive him as vindictive, abrasive and dictatorial, may further alienate him from critical voters who value peace and unity of the nation over triumphalist display of person power.

During the last election which saw Uhuru Kenyatta win his first mandate, Raila squandered his best opportunity of ever becoming the President of Kenya by deconstructing a formidable alliance he formed with a youthful, ambitious, savvy and perhaps most skillful politician in Kenya Deputy Vice President William Ruto. He did so by offering him as a sacrificial lamb to Ocampo.

In his miscalculation, he perceived the ICC intervention as a means of depriving William Ruto of the possibility of sharing in the effervescence of his then rising political profile.  He miscalculated, for Mr Ruto is a political product of the majority ordinary people of Kenya who see their image in him and consider him as one of theirs. The ordinary people of Kenya have long traced and refined his path to presidential power and this is obvious even to the jaundiced eye. He has merely been playing for his time to come to embark on the journey to fulfill his people’s will.   A smart politician, he did not want to squander the opportunity when the potential path to the presidency in 2020 came calling. Raila Odinga’s political miscalculation and the ICC proceedings provided him that opportunity.

Uhuru Kenyatta and William Ruto are good students of history.  The patronizing support given by Western countries to the ICC proceedings gave them the opportunity to position themselves as defenders of the sovereignty of Kenya and the liberating cause of new Africa. The humiliating campaign against the ability of the judicial institutions of Kenya to conduct post-election violence proceedings, the same institutions that are being hailed by the same erstwhile colonial Western countries, required genuine leaders to standup to the challenge and mobilize Kenyans to defend their national pride and their sovereignty.  Uhuru Kenyatta and William Ruto offered this leadership while Raila Odinga largely portrayed himself through his own public pronouncements as a Western poodle in his unqualified support for the ICC proceedings. Whatever motivations he had for seeking political leadership while supporting proceedings which placed the sovereignty of his country under the ward of the ICC, in the political context of the proceedings, he was perceived as relying on the case as a means of settling internal political scores and eliminating his political opponents from contesting the elections against him.

The Supreme Court's decision sparked celebrations by supporters of opposition candidate Raila Odinga

The Supreme Court’s decision sparked celebrations by supporters of opposition candidate Raila Odinga

That backfired and he lost the elections.  The credibility of the ICC came out seriously bruised in the process because its intervention was not perceived to be in the best interest of Kenya and the victims of the election violence. The overwhelming evidence of Western interference portrayed the Kenya ICC cases as politically motivated. At the end of his mandate as the Chief Prosecutor of the ICC, Moreno Ocampo in published newspaper and television interviews confirmed this fact.

During this election, an ICC official in the Prosecutor’s Office made a misguided statement in a conference in Arusha in neighbouring Tanzania linking the potential outcome of the Kenya election to a potential reviving of the ICC cases in the case the opposition candidate won. This admittedly uncoordinated statement nevertheless places the statement by Raila Odinga about prosecuting election commission members into the providential focus which Uhuru Kenyatta and Mr William Ruto may in addition to their largely positive development record, ride on to victory once again.

Why must Raila Odinga want to get election officials prosecuted when the Supreme Court did not make a finding of criminal conduct?  Was this a forewarning that a result short of victory for him in the repeat elections will not be accepted by him?  Was it a forewarning of another round of litigation to dissolve the election commission and compromise the organization of the election he may lose?  Will this not lead to a constitutional crisis where this to happen? No matter from what perspective this attack and threat of prosecution may be perceived, it portrays Raila Odinga as a potentially vengeful politician who thrives on the politics on politics of bitterness.

Raila Odinga squandered his moment of glory in focusing on yet another prosecution rather than taking advantage of the glare and focus of the moment to mobilize his base and Kenyans in general to give him their votes in two months. He failed to appeal for peace, reconciliation and national healing after a very polarizing judicial experience. He failed to explain why he sought for the poll to be nullified to the electorate. He impressed professional judges of the Supreme Court about his reasons for seeking and obtaining an annulment of the elections in which he lost.  He still must do a better job explaining to the electorate he will be facing in two months.

The case, its outcome and his celebratory rhetoric may energize the majority who voted against him to defend their franchise by voting against him in even greater numbers.  The bane of Raila Odinga has always been his inability to reconcile Raila the civil society political activist from Raila the career politician.  He has never understood that although bed partners, these attributes are on critical occasions strange bed fellows.  The bull instant in political activism is at critical moments, the bane of career politicians. It may take an election petition victory and a repeat election to lose for Raila Odinga to finally come to terms with this reality.

In contrast, Uhuru Kenyatta was presidential and humble in his speech in which he disagreed with the outcome of the judgment but accepted the outcome nevertheless.  Calling for peace to reign, he took the opportunity to relaunch his election campaign. He reminded the people of Kenya to whom he and his deputy have turned to since the ICC challenge, that the power to decide the destiny of Kenya belonged to them not to six individuals constituting a court of law.

That appeal succeeded and helped them to win the Presidential elections regarding the ICC proceedings. It may succeed once more with the Supreme Court Judgment acting as a tonic, call it a fig leaf of mobilization for a greater electoral victory come two months.   Raila Odinga by promising Kenyans further court cases and prosecutions may have paved the way for the people to deny him that opportunity. He may have unwittingly placed the spotlight on the focus on the possibility of a revived ICC nightmare under a Raila Odinga presidency.  He seems not to have learnt the painful lesson that his prior support for this nightmare among other reasons led to a majority of his people rejecting him in the last election.

Kenyans know that Raila did not challenge the election outcome which largely favoured his opponent. He challenged but the constitutionality and the legality of the conduct of the elections. His greatest challenge remains how to convince the majority that elected Uhuru and Ruto to switch over and vote for him. If he carefully reflected on the Supreme Court Judgment prior to making his celebratory speech, he should have known that that Judgement did not find any wrong doing against Uhuru Kenyatta based on which the electorate would have sanctioned him. On the contrary, the constitutional violations, illegalities and procedural inadequacies by the election commission deprived him of victory in an election whose outcome was neither in doubt nor contested by Raila in his petition. Raila in his celebratory speech inappropriately sought inappropriately to place blames for the failures of the election commission on his adversary where none was found by the Supreme Court. If his Supreme Court election speech is a template of his election performance in two months, then I regret, he may not prevail in the court of popular sovereignty.

There are several logistical and organizational odds that militate against his ability to conduct an effective campaign within just two months.  He benefitted from a steady flow of international goodwill, tactical and strategic support during the annulled poll.  It is inconceivable, considering the electoral map of Kenya, that this key constituency will again invest in a repeat election when the outcome of the annulled election was never challenged.  The appeal for calm by President Uhuru Kenyatta apart, the calm that followed the Supreme Court Judgment may be an unmistakable exercise of confidence that in two months this silent majority may yet again reassert its sovereignty over its choice of leader. And Raila Odinga tacitly acknowledged the reality of that choice by not challenging the critical choice that was made in the annulled poll.

  • Chief Charles A. Taku is an international lawyer writing from The Hague The Netherlands.

 

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Baker Hughes, a GE Company Awarded Second Major Contract for Eni East Africa’s Coral South FLNG
August 31, 2017 | 0 Comments
The second contract – which was awarded through the former GE Oil & Gas business – will allow BHGE to provide rotating equipment for the power and gas refrigeration process of the new FLNG facility
LONDON, United Kingdom, August 30, 2017/ —

  • Rotating equipment including aeroderivative gas turbines for power and gas refrigeration process of the new Floating Liquefied Natural Gas (FLNG) facility, the first-ever built in Africa, for Africa.
  • This is the second major contract award for Coral South FLNG project, with BHGE also providing leading subsea technologies and services for the development of Rovuma basin Area 4 gas resources. 
  • BHGE will also supply Boil-Off Gas (BOG) and booster compressors capable of operating at -180° C to re-liquefy excessive BOG evaporating out of the LNG storage tanks.
BLC centrifugal compressor

BLC centrifugal compressor

Baker Hughes, a GE company (www.BHGE.com) has announced a second major contract for Eni East Africa’s (EEA) Coral South FLNG development, offshore Mozambique, underlining the company’s position as the world’s first and only integrated fullstream provider of products, services and digital solutions that maximize productivity, efficiency and cost reduction.

The contract was awarded in 2Q this year by a joint venture formed by TechnipFMC and JGC Corporation, the lead partner in a consortium that will provide engineering, procurement, construction, installation, commissioning and start-up (EPCIC) of Coral South’s FLNG facility.

The second contract – which was awarded through the former GE Oil & Gas business-  will allow BHGE to provide rotating equipment for the power and gas refrigeration process of the new FLNG facility. The order consists of four Turbo-compression trains for mix refrigeration services, using the company’s aeroderivative gas turbine (model PGT25+G4) technology and driving its centrifugal compressors. In addition, the company will provide four Turbo-generation units, also driven by aeroderivative gas turbines (model PGT25+G4).

The components of the turbo compressor trains and turbo-generation units will be manufactured at BHGE Nuovo Pignone facility in Florence, Italy where the train will be assembled, and tested in the Massa facility, Italy.

Demonstrating the benefits for customers of BHGE’s access to the GE Store – where the company can draw technologies (such as the gas turbines derived from the Aviation business) and expertize from multiple industries – the Turbo-generation units will be equipped with electric generators provided by the GE Power Conversion business.

A third contract was also awarded to BHGE after the closing of the integration between GE Oil & Gas and Baker Hughes last July and it includes the supply of Boil-Off Gas (BOG) and booster compressors capable of operating at -180° C to re-liquefy excessive BOG evaporating out of the LNG storage tanks. In particular, BHGE boil-off gas compressor draws on extensive in-field experience and has been validated through a dedicated experimental campaign of detailed analysis and testing.

“Coral South LNG is an enormously important development for Mozambique and the region – the first new-built FLNG facility to be installed in Africa and one of only a small number in the world today,” said Rod Christie, President and CEO, Turbomachinery & Process Solutions, BHGE, “These awards further underline BHGE’s position as a fullstream provider of smart, cost-effective advanced technology and solutions to drive reliability, flexibility, efficiency and productivity for major energy developments, while building on our relationships with oil and gas operators and our technical expertise that has been a true differentiator in this project.”

The contracts won by BHGE follow an earlier award in June this year for the supply of seven xmas trees, three 2-slot manifolds with integrated distribution units, MB rigid jumpers, seven subsea wellheads with spare components, a complete topside control system to be installed on the Coral South FLNG facility, and associated Services equipment and support including IWOCS and Landing Strings, tools, spares and technical assistance for installation, commissioning and start-up.

BHGE announced on July 3rd the completion of the transaction combining GE’s oil and gas business with Baker Hughes. The new company is the first and only to bring together industry-leading equipment, services and digital solutions across the entire spectrum of oil and gas development.

The Coral South FLNG project, the first phase of EEA’s wider plan of development for the world-class gas discoveries made in the Rovuma Basin Area 4, will see the installation of an FLNG facility with a capacity of around 3.4 MTPA, fed by six subsea wells and expected to produce around 5 TCF of gas during its 25 years of production, with an anticipated start-up in mid-2022. The first ever offshore project to start producing gas in Mozambique, it will provide significant local economic benefits through job creation and support the region’s future energy needs.

EEA is the operator of Area 4, and holds 70% participation interest in the Area 4 Concession. Eni (71.43%) and CNPC (28.57%) are shareholders of EEA.

Baker Hughes, a GE company (NYSE: BHGE) is the world’s first and only fullstream provider of integrated oilfield products, services and digital solutions. We deploy minds and machines to enhance customer productivity, safety and environmental stewardship, while minimizing costs and risks at every step of the energy value chain. With operations in over 120 countries, we infuse over a century of experience with the spirit of a startup – inventing smarter ways to bring energy to the world

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Insight Into Atlas Africa: It is about Aligning Business Opportunities With Interested Parties, says CEO Lindi Gillespie.
August 31, 2017 | 0 Comments

By Ajong Mbapndah L

Lindi Gillespie is CEO of Atlas Africa

Lindi Gillespie is CEO of Atlas Africa

For Lindi Gillespie, connecting the right people to opportunities in the market place and creating viable and strategic partnerships is her passion. Leveraging her vast networks and experience garnered over a twenty year period in diverse marketing and business roles, Lindi Gillespie founded Atlas Africa, an investment and brokerage company with operational base from South Africa. The firm offers clients the opportunity to expand business prospects on a broad range of sectors across Africa and on the global stage.

As CEO of Atlas Africa, Lindi, a Graduate of the University of Cape Town has surrounded herself with a solid team of talented associates who pride themselves in providing tailor made investment brokerage services and the delivery of first class returns to their clients.

“We do our best to understand our client’s business needs and long term plans when putting together a marketing strategy for bringing their services and products into the African markets,” says Lindi, who was recently ranked amongst Africa’s top 25 Women in Leadership by Amazon Watch Magazine.

With the goal of building long term professional relationships based on honesty, integrity, and sustainable revenue generation, Atlas Africa has steadily grown its business portfolio across Africa and beyond. In addition to South Africa and the SADC sub region, Atlas has excelled in West and East Africa, and Lindi says there are a growing number of hotel deals going through in the Maldives and Europe.

“Our clients stick with us because we work hard for them and always do our very best to find the best solutions to their needs by using our International network,” says Lindi as she expresses the ambition to further grow and sustain the strong reputation of Atlas Africa when it comes to investing in the continent.

Ms Gillespie, thanks so much for accepting to grant this interview , you are CEO of Atlas Africa Group, could you start by introducing the Group for us, what does it do, and when was it created?

Atlas Africa Group was formed in December 2015 when I attended the Global African Investment Summit in London. The Atlas Africa Group finds financing for renewable energy projects internationally; but predominantly in Africa. I raise these funds from individual investors; pensions fund; renewable energy funds and private equity funds. We also focus on Projects that are property related. We are very involved in development of hotels and also the buying and selling of hotels in Africa and its surrounding islands. Other sectors of the economies in Africa are covered as well.

What motivated you to create the Group, what skill set did you have, may we also have an idea of the staff strength and profile of those who make up the Group?

The motivation to start the Group was the dire need for infrastructure development; electricity; urbanisation development and especially agriculture to feed the people of Africa. Sustainability in Africa was my core motivation – to assist with this process. My skills are mainly in marketing and in introducing people where synchronicity exists to make things happen around the continent. For example I work closely with the Swiss who have foundations to help the poor and also various funds that have budgets to help the underprivileged people in our communities. The kind of people I choose to work with are professionals who are experts in all the fields that I can’t fill! Such as accounting and office administration. I prefer face to face contact with clients; travelling for work related projects and marketing our pipeline of projects.

Lindi Gillespie and her talented associates at Atlas Africa pride themselves on offering tailor made, investment brokerage services and delivering first class returns to their clients

Lindi Gillespie and her talented associates at Atlas Africa pride themselves on offering tailor made, investment brokerage services and delivering first class returns to their clients

Let’s talk about the success stories, are there concrete examples of successful projects that have been carried out by the Atlas Group? Potential clients may be interested in knowing something about the track record of Atlas

Our success stories are mainly in renewable energy and infrastructure development. At the moment deals are being processed in the Ivory Coast and Mali. These deals are private and public projects. We also have a number of hotel deals going through in the Maldives and Europe. These deals involve International hotel brands and private equity firms. We are processing low cost housing projects in two areas of Namibia where building of houses will begin within the next few weeks.

For people interested in using the services of Atlas, what do they need to do and what additional guarantees does the Group have to assure clients of positive results?

For positive result with new clients, it is a question of what stage the project is based. For instance we have investors of Greenfield renewable energy projects but projects with all licences and a PPA is where most of the clients invest. When it comes to PPPs, countries that offer sovereign guarantees or some form of guarantees make the project more attractive to investors. For projects needing funds Atlas Africa is always open to consider these projects.

What other parts of Africa is the Group operating in besides South Africa where it is based?

Atlas Africa focuses mainly on countries of good governance. We focus on areas where is safe for workforce to complete projects. Our presence is mainly in the SADC region and various countries in East and West Africa.

How will you describe the business climate first in South Africa and on other parts of the continent where you do business?

With the downgrading of South Africa’s economic sector; there are challenges in all parts of the economy including private and public business. I focus most of Atlas Africa Group’s growth outside of South Africa. I have a number of property interests however in South Africa. Our press in South Africa is bullish which helps with addressing the corruption in the country. The corruption has affected growth in all areas of the economy and many people are taking their money out of the country; emigrating or disinvesting.

Lindi Gillespie was recently profiled as one of Africa’s Top 25 Women in Leadership by Amazon Watch Magazine, what did this mean for you?

Being chosen as one of the 25 most influential women in Africa was a huge achievement for me. It showed that the work I do in Africa counts and that I have a voice on the continent. I would like to become more involved with positive movements and change.

With Former President Thabo Mbeki and Zanele Mbeki in Johannesburg

With Former President Thabo Mbeki and Zanele Mbeki in Johannesburg

To young Africans especially the women who see in you a role model, and will want to emulate your example, what are some secrets of success that you have for them?

The secret of success for young women is to have a specific focus. The best choice is to align yourself with positive people who will support your ideas and your business growth. If you are an entrepreneur like myself ,you need to expect difficulties and challenges. This will keep you up at night but you need faith to keep going. So many deals fall through but it’s all part of being in the game of business. Try and secure finance so that you can get through the hard times when deals are taking years to come through!!

We end with a last word on the future of the Atlas Group, what next after growing it to where it is, any big plans in the years ahead to grow and improve the client base?

Our big plans and ambitions are to grow and sustain our strong reputation when it comes to investing in Africa. Our clients stick with us because we work hard for them and always do our very best to find the best solutions to their needs by using our International network.

 

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AFI Masterclass: Africa Trending, navigating the consumer landscape in Africa
August 30, 2017 | 0 Comments

Introducing international trends on the continent is certainly not a clear-cut process – it involves understanding where trends come from and how they fit into the unique lifestyles and cultures of African consumers, who are increasingly influenced by globalisation. This often leaves local retailers and designers questioning whether the local market is ready for something ‘different’, or indeed, whether retailers are capable of delivering it to market.

Understanding the relevance of global trends to the African consumer market formed the basis of a stimulating and introspective dialogue, the AFI Masterclass, hosted as part of Mercedes-Benz Fashion Week Joburg.

Dave Nemeth, owner at Trend Forward and one of SA’s top creative influencers and an analyst of current and future trends opened the conversation around the theme of Africa Trending, and was joined by trend analyst, cultural strategist and proud ‘Africanist’, Nicola Cooper. Cooper shared her take on trends, the ‘glocalisation’ movement, and the demands of Generation Z, based on her experience working with some of the world’s biggest brands.

“Without a doubt, Africa and South Africa are ready for everything, but the difficulty lies in taking it to market,” says Nemeth. “Instead of replicating what international players are doing, we need to be adapting those trends for local consumers. We need to have a better understanding of who the African consumer is, and what they want.”

“African consumers are in a state of brand boredom, and brands must find ways to reach out to them without copy-pasting what’s happening internationally,” says Cooper. “At the same time, local players are competing for consumers’ attention and it’s vital that brands understand that consumers want to be seen and served in their own right.”

Love local

African consumers are increasingly on the look-out for opportunities to celebrate and support locally-made products and services, but they’re not following trends blindly.

“It’s a far cry from ‘local is lekker’, where consumers may be expected to buy a local product even though it is perhaps of inferior quality, just because it was made here,” says Cooper. “Our circumstances are unique to the rest of the world, but many African brands make the mistake of waiting for international trendsetters to dictate how we should feel, instead of adapting offerings to suit local demand.”

Nemeth adds that consumers around the world are suffering from retail and design burnout, and are numb to the trends and products being pushed in their direction.

“It’s an issue that consumers experience on a global scale, not just in South Africa and Africa,” he says. “We’re looking at international models and replicating, instead of finding ways to make them our own. Why aren’t we innovating?”

There’s no such thing as ‘brand loyalty’ anymore, adds Nemeth, and brands need to constantly entice their audiences with fresh, exciting and customised offerings.

Disruption is everywhere – and it’s okay

“We live in an app world – our lives are ruled by apps – and customers expect that level of speed and efficiency when interacting with brands,” says Nemeth. “Retailers need to understand that customers will likely drop a basket full of shopping and walk out of the store at the sight of a long queue.”

According to a 2017 Harvard Business Review study, 86% of business leaders believe that customer experience is a vital component on the road to business success. As such, brands need to create innovative retail spaces by integrating digital with physical for a more efficient, enjoyable shopping experience.

Cooper adds that retailers need to be aware of self-service as a growing trend in the retail space, giving customers alternative payment options and platforms to make the payment process a lot smoother.

“Automation, which involves the use of smart data for customised shopping experiences, is also a growing trend in the integrated retail space,” says Nemeth. “It’s also vital that brands pay attention to the element of entertainment in stores in order to engage customers in exciting, interactive ways.”

People are increasingly placing value on experiences over ‘things’, and this is where retailers can use tech to their advantage in-store.

Give us authenticity

Local consumers are consuming more international content than we realise, thanks to technology that provides wider access to what’s going in the rest of the world. As a result, people have come to expect nothing less than authentic, real experiences and products, leaving no room for brands trying to be something they’re not.

The ‘industrial’ look, for example, has become a popular design trend around the world, with many people adopting the rustic, bare-brick look in home, office and event spaces. However, Nemeth points out how misplaced and contrived the trend has become, especially considering that it started out at similar times in both in Europe and the US as a practical way of making use of a building’s existing structure and features.

Authenticity is also gauged through brands opening up and telling their story, which needs to be crafted and disseminated strategically in order to win consumer’s interest. Cooper talked about the merits of using platforms like Instagram for story-telling and not just to push product, in order to engage more authentically with audiences. She offered these tips for businesses wanting to tell their stories in authentic ways:

 

  1. Story-telling and story-selling

Social media platforms like Instagram should be an extension of the overall brand experience for customers, but it’s not enough to simply post images and information about the products and services you offer. As Nemeth says, “product is not social”. Instead, use Instagram to tell interesting and meaningful stories about your brand and what it represents, with strategic product placement, in order to grow and maintain engagement with your audience.

 

  1. Drop a line about drops
    One of the biggest challenges for businesses in a digital world is finding effective ways to spread awareness about their products without alienating customers, who are constantly bombarded with product and service-focused noise from a multitude of other brands. A great approach to incorporating digital into your marketing plan is to include product drops and countdowns to product release dates, which creates excitement around a new product and brings attention and following to your brand’s social media pages.
  2. Causes matter

The newest generation of consumers, Generation Z – or ‘Gen-ZA’ as they’re known in South Africa – are an interesting group. Not only are they easily distracted, forcing brands to find innovative ways to catch and keep their attention, but they’re also fiercely supportive of social causes. Gen-Z consumers tend to support brands and businesses that make an effort to contribute towards making the world a better place. Brands would do well to partner with non-profit organisations that engage in philanthropic work. Remember that authenticity also matters, so be sure to choose a cause that aligns with your business.

Retail in Africa is by no means a static industry, but evolves according to ever-changing consumer demand and expectations. While we’re all scared of failure, embracing the changing tide is vital for future-proofing African retail and creating an immersive, exciting environment for consumers.

 About AFI:

African Fashion International (AFI) was established to market African talents and ignite local and international attention towards the African fashion industry. The company led the way by introducing desperately needed international platforms to showcase authentic African brands through its portfolio of ventures including AFI Fashion Week Cape Town, AFI Fashion Week Joburg, Fastrack™, Nextgen™, AFI Masterclass, and AFI Privé.

 

Within its development strategy, AFI’s Fastrack™ initiative identifies and invests in the best of the continent’s young designers, by providing them with direct access to: mentorships, media exposure and business acumen, through yearlong programmes that prepare them in navigating the fashion landscape. Over the past six years, AFI’s Fastrack™ incubator programme has so far assisted in developing the careers of 75 new talents.

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CONSTITUENCY FOR AFRICA ANNOUNCES CO-CHAIRS FOR THE 2017 RONALD H. BROWN AFRICAN AFFAIRS SERIES
August 30, 2017 | 0 Comments
The Constituency for Africa (CFA) Hosted President Hage Geingob of Namibia  During the 2016 Ronald H. Brown African Affairs Series

The Constituency for Africa (CFA) Hosted President Hage Geingob of Namibia During the 2016 Ronald H. Brown African Affairs Series

WASHINGTON, DC (August 29, 2017) – The Constituency for Africa (CFA) announces the Co-chairs for its 2017 Ronald H. Brown African Affairs Series. This year’s series will be held from September 18th through September 22nd in Washington, DC. The schedule of events and registration information are available at www.ronaldbrownseries.org.

“The theme of the 2017 Ronald H. Brown African Affairs Series is Mobilizing the Diaspora in Support of the U.S.-Africa Agenda,” stated Mr. Melvin P. Foote, CFA’s President & CEO. “We are extremely fortunate to have such distinguished Co-chairs, representing government, industry, civil society, academia, and the media. As CFA stakeholders, our Co-chairs enable us to broadly engage and mobilize our constituency in the U.S., Africa, and throughout the African Diaspora.”

The Co-chairs of the 2017 Ronald H. Brown African Affairs Series include:

 

  • Honorable Arikana Chihombori, African Union Ambassador to the U.S.;
  • Ambassador Andrew J. Young, Chairman of the Andrew J. Young Foundation;
  • Honorable Karen Bass, Member of the U.S. House of Representatives and Ranking Member of the House Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations;
  • Ambassador Rueben Brigety, Dean of the Elliott School of International Affairs at George Washington University;
  • Ambassador Bonnie Jenkins, Joint Visiting Fellow, University of Pennsylvania Perry World House and Brookings Institution;
  • Honorable Jendayi Frazer, Adjunct Senior Fellow for African Studies, Council on Foreign Relations;
  • Dr. John Nkengasong, Director of the Africa Centers for Disease Control;
  • Mr. Roger Nkodo Dang, President of the Pan African Parliament;
  • Mr. John Momoh, Founder & CEO, Channels TV Nigeria;
  • Ms. Mimi Alemayehou, Managing Director at the Black Rhino Group;
  • Mr. Raymond Dabney, CEO of the Cannabis Science Research Foundation;
  • Mr. Renato Almeida, International Government Affairs Manager at Chevron;
  • Mr. Mahtar Ba, Founder and Executive Chairman of AllAfrica Global Media;
  • Professor Akin Abayomi, Principal Investigator, Global Emerging Pathogens Treatment Consortium (GET Africa);
  • Dr. Wilfred Ngwa, Global Health Catalyst Director at Dana-Farber/Harvard Cancer Center;
  • Honorable Pamela Bridgewater, President & CEO, The Africa Society of the National Summit on Africa;
  • Honorable Lauri Fitz-Pegado, Partner, The Livingston Group, LLC;
  • Mr. Forrest Branch, Managing Director & Partner, EMH Prescient Investment Management (Namibia);
  • Mr. Michael Sudarkasa, CEO of Africa Business Group (South Africa); and
  • Ms. Jeannine Scott, Founder & Principal of America to Africa Consulting.

The purpose of the 2017 Ronald H. Brown African Affairs 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 in a number of key areas, including Healthcare Infrastructure, Democracy & Governance, Trade & Investment, Next Generation Leadership, Agriculture, and Diaspora Engagement. CFA and its partners will produce a Diaspora strategy to include policy recommendations for the U.S. Administration and the African Union. This year’s series is being organized by CFA, in cooperation with the African Union Mission in Washington, DC.

CFA also announces the appointment of Ambassador Bonnie Jenkins to its Board of Directors. “We are excited to have Ambassador Bonnie Jenkins join CFA’s Board of Directors. She will lend her considerable experience and expertise to our current team, and help position CFA for the years to come,” stated Mr. Foote. Before her recent position as a Joint Visiting Fellow at the University of Pennsylvania Perry World House and Brookings Institution, Ambassador Jenkins served as Ambassador at the U.S. Department of State and was the Coordinator for Threat Reduction Programs in the Bureau of International Security and Nonproliferation. Also during her time as Coordinator, Ambassador Jenkins worked on the Global Health Security Agenda (GHSA), which is an international effort with over 55 countries to reduce infectious disease threats such as Ebola and Zika.

On the CFA Board of Directors, Ambassador Jenkins joins Dr. Roscoe M. Moore, Jr., Interim Chairman and former Assistant U.S. Surgeon General and Rear Admiral, U.S. Public Health Service (retired); and Board Members Honorable Stanley L. Straughter, Chairman of the UNESCO Center for Global Education; Mr. Raymond C. Dabney, President, CEO, and Co-founder of Cannabis Science, Inc.; Mr. John Momoh, Chairman of Channels Media Group; and Ms. Jeannine B. Scott, Founder and Principal of American to Africa Consulting.

About the Constituency for Africa:

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.

 

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Independence of the Judiciary and Security of Investments-Opportunities & Challenges
August 29, 2017 | 0 Comments

By Chief Charles A. Taku*

 

Introduction

Chief Charles Taku

Chief Charles 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”.[1]

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.[2] 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”.[3]

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.[4]

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”.[5]  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”. [6]

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.[7]

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[8]. 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[9].

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”.[10] 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”[11].

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).[12]  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.[13] 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.

 

Conclusion

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

[1] Preamble, Charter of the United Nations, 24 October 1945.

[2] 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.

[3] 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.

 

 

 

[4] 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.

[5] 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.

[6] President Jakaya Kikwete, AU Chairman Address to the United Nations in New York 23 September 2008.

[7] 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”.

[8] Communication No. 266/2003, 27 May 2009, African Commission for Human Rights, Ngwang Gumne v Cameroon para. 132.

[9] 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.

[10] 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.

[11] The African Reader, p. 60.

[12] Adekeye Adebajo and Kaye Whiteman: The EU and Africa: From EuroAfrique to Afro-Europa, 2012, Hurst and Company, London, p.17.

[13] 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.

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