Pambazuka News 308: Taylor - Even warlords deserve a fair trial

Participants at an interactive session on the AU Grand Debate on the Continental Union Government have called for the adoption of the Union Government proposal to be tabled at the African Union’s July Summit in Accra, Ghana. Under the theme “Informing Ghana’s Position on the AU Grand Debate”, the forum organized by the Institute for Democratic Governance (IDEG) and the Ghana AU Civil Society Coalition with support from the Ministry of Foreign Affairs, Regional Integration and NEPAD had three main objectives: (a) to find out Ghana’s official position, if any, on the Grand Debate; (b) collect and collate civil society’s views on the matter; and (c) to provide a platform for civil society-Government engagement on the issue, aiming to impact the formulation of Ghana’s official position on the Debate.

Join the delegation of African veteran leaders, intellectuals, activists, faith leaders, entrepreneurs, dignitaries and students in the 2007 Pan Afrikan Movement (PAM) Summit at the University of the West Indies, Kingston Jamaica on July 11-18, 2007. The theme of the 2007 Summit is “Political Determination for Cultural and Economic Rebirth”. Some of the key goals are to (1) Build a political structure for an African Diaspora Union (ADU) as part of establishing a (6th) sixth region of a unified African continent; (2) organize cultural campaigns and institutions for African people to promote African values, heritage, history and spirituality; and (3) promote economic initiatives for businesses, trade and commerce amongst Africans in the Diaspora and Africa.

We the undersigned Africans and friends of Africa hereby petition the African Union (AU) at its historic Summit, in Accra, Ghana, July 2007 to take all necessary steps in collaboration with the United Nations to bring to an immediate end to the genocide ravaging Darfur.

The rape of women and girls, the burning and destruction of villages and settlements, and the consequent mass displacement of millions and murder of tens of thousands, including women and children, in Darfur constitute an affront to humanity and an indictment of leadership on the continent. The people of Darfur have a right to life, peace and security. The AU must act decisively and deploy adequate troops with effective military ware to protect the people of Darfur from the murderous forces supported by the Sudanese government. In today’s global world, it is impermissible for the AU to look on helpless as the genocide in Darfur continues.

The people of Darfur have an inalienable right to life, security, peace and development.

Join the campaign to end the genocide in Darfur! Send your name, address, email address and institutional affiliation (if any) Citizens for New Ghana at citizensghana at yahoo.com, to add your name to the petition.

The draft programme for the African Citizens Directorate (CIDO) Pre-Summit Civil Society Forum in Accra, Ghana on the 19th -21st June 2007 is now available at

It was a fitting tribute to Ghana’s first president and pioneer of the formation of the Organisation of African Unity, forbear of the African Union, that on the day the mortal remains of his wife Fathia were interred beside him, Ghanaians from all walks of life gathered at the Teachers” Hall, Accra, for a non-partisan debate on the goal of achieving Africa’s integration by 2025.

11 June 2007, Cape Town - Leaders of the G8 countries met in Heiligendamm, Germany between the 6th and 8th June 2007 to deliberate on the worlds’ problems. Chancellor Merkel’s efforts to ensure that Africa is central to the agenda of this summit is appreciated. Furthermore, the efforts to strengthen the partnership with Africa by ensuring that the G8 supports activities that have been targeted and prioritized by the African governments is a progressive step. Despite this however, the outcomes of this summit have been disappointing.

Please visit the civil society and AU Summit calendar.

All civil society and African Union meetings and events will be regularly updated before and during the Accra Heads of States. Details of each event will appear on your screen as you click the title of the event. Please refer to the AU-Monitor Countdown Calendar throughout the summit.

To add events or meetings to the calendar, please email hakima at fahamu.org.

The Global Call to Action against Poverty (GCAP) is a worldwide alliance of trade unions, community groups, faith groups, youth and campaigners working together across more than 100 national platforms. GCAP is calling for action from the world’s leaders to meet their promises to end poverty and inequality. In particular, GCAP demands solutions that address the issues of public accountability, just governance and the fulfilment of human rights as well as trade justice, aid quality and quantity, debt cancellation and gender equality. In Africa, 34 national coalitions are active and participate in GCAP mobilisations and events. For details of actions planned in 2007 go to

Experts from the 53-member African Union met in Addis Ababa Monday to work on precisely marking out Africa’s borders by 2012, officials said. “The time has come to properly and accurately delineate borders in Africa,” the bloc’s Peace and Security Council (PSC) Commissioner Said Djinnit told AFP. “A precise and proper demarcation of the borders will be the cement of integration in Africa.” African borders drawn by colonialists often split ethnic groups between countries, as well as sparking conflict over access to resources and other feuds. The two-day talks were to be followed by a ministerial meeting on Thursday.

Ghanaian civil society groups have proposed the setting up of a legislating African Parliament directly elected by universal suffrage based on proportional representation as one of the means of establishing and consolidating United States of Africa.

The convener of Ghana- African Union Civil Society Coalition, Emmanuel Akwetey, on behalf of the coalition, also proposed the expansion of the Executive Council of the African Union to include chairpersons of the ministerial conferences.

Various civil society groups in Nigeria have raised the need to look critically at available infrastructure in the African continent before a consensus is reached on the formation of an African Union Government or a United States of Africa.

This was raised at a recent one-day roundtable organised by ActionAid, Nigeria in Abuja. Participants at the roundtable, who were drawn from the civil society organisations, media, Ministry of Foreign Affairs, the Labour Movement, the academia, ECOWAS, the private sector and other stakeholders, noted that the United States of Africa is a desirable vision.

It is with an angry sadness that we learned of this giant's death over the weekend. If there was one book that I could name that had such a profound effect on my thinking, it was God's Bits of Woods. We named our son after Sembene Ousmane. We have long wanted to interview Sembene Ousmane in these pages, but somehow didn't manage to work up the courage to speak with such a giant. His contribution to our understanding of the struggle for emancipation in Africa is unmeasurable. His memory lives on in his films and his writing. It is for us to make certain that future generations in Africa will study his works, and by studying them, find the pathway to freedom.

The following select list may help those less familiar with his work:

Selected filmography:
Borom Sarret (1963)
Niaye (1964)
La Noire de...(1966)
Mandabi (1968)
Xala (1974)
Ceddo (1977)
Camp de Thiaroye (1988)
Guelwaar (1992)
Faat Kiné (2000)
Moolaadé (2004)

Books:
Le docker noir, 1956, Paris: Debresse, novel, new edition: Présence
Africaine, Paris, 2002,
- engl. The Black Docker, London: Heinemann, 1987.
O pays, mon beau peuple! 1957.
Les bouts de bois de Dieu, 1962.
- engl. God's Bits of Wood, London: Heinemann, 1995.
Voltaïque, Paris: Présence Africaine, 1962, short stories.
L'Harmattan, Paris: Présence Africaine, 1964, novel.
Le mandat, précédé de Vehi-Ciosane, Paris: Presence Africaine, 1966,
- engl. The money-order: with, White genesis, London: Heinemann, 1987
Xala, Paris: Présence africaine, 1973.
Le dernier de l'Empire, L'Harmattan 1981, - 'a key to Senegalese
politics', Werner Glinga, engl. The last of the Empire: A Senegalese
Novel, London: Heinemann, 1983.
Niiwam, Paris: Presence Africaine, 1987, engl. Niiwam and Taaw: Two
Novellas, Oxford and Portsmouth, N. H.: Heinemann, 1992.

Inflation in Zimbabwe is soaring, and its citizens abroad are pitching in to help relatives at home -- giving part of their earnings in South Africa, for example, to Zimbabwean businessmen there, who then truck food, cooking oil and other scarcities across the border. Now a high-tech solution has arrived, with internet-based companies allowing Zimbabweans across the globe to go online to buy their loved ones everything from fuel and food to generators.

The Zambian government is under increasing pressure from business and labour to increase its mineral taxes in the wake of surging copper prices on the world market but, ­analysts say, a revision could lead to litigation. Copper prices on the London Metal Exchange have shot to record highs of about $8 000 per metric tonne -- from the average of $1 200 six years ago -- in what is considered the biggest base-metal bull market in 50 years, fuelled by strong demand from China and India.

Nine years ago, Santonino Otok fled his home in the green fields of northern Uganda for a refugee camp, fearing attack by marauding rebels. Now he is back under his old mango tree. "My parents are buried here and my parents' parents, so it's a blessing to return," said a beaming Otok (66), surveying the birthplace he thought he might never see again.

Former United Nations chief Kofi Annan took the helm on Thursday of an alliance of African government and business leaders seeking to reverse a decline in the continent's agricultural output. Sub-Saharan African food production was declining year-on-year as a third of the continent's population suffers from hunger, Annan told reporters at the World Economic Forum on Africa in Cape Town.

The Zimbabwe government's plan to change the Constitution ahead of 2008 elections undermines efforts to broker an end to political turmoil in the African nation, the country's main opposition leader has said. President Robert Mugabe's government has proposed a Bill that would pave the way for joint presidential and parliamentary polls next year and amend the rules for electing a new president should the post become vacant before an election.

Nigeria's Chinua Achebe, hailed as the father of modern African writing, has been awarded the £60 000 Man Booker International Prize. His award capped a triumphant month for Nigerian authors as Chimamanda Ngozi Adichie last week landed the Orange Prize, one of the literary world's top awards for women writers.

Delegates from 20 African countries began talks in the Democratic Republic of Congo (DRC) on Tuesday on the process of disarming and reintegrating former combatants to boost peace and development on the violence-wracked continent.

Rights group Amnesty International condemned Kenyan police on Tuesday for the execution-style killing of more than 30 people in last week's crackdown on the deadly Mungiki gang in a Nairobi slum. Hundreds of police officers went into the Mathare shanty-town on two raids, shooting dead at least 33 people they said were suspected members of the Mungiki criminal ring that runs extortion rackets and beheads its enemies.

Zimbabwean police on Monday arrested dozens of women as they staged a demonstration in south-western Zimbabwe, a statement said. The women, all members of Women of Zimbabwe Arise (Woza) had "tried to gather to hold a march in a small administrative centre in Insiza district but were arrested", the group said.

The Algerian government has laid a defamation charge against blogger "Abd el Salam Baroudy", administrator of the "Bilad Telmesan" blog, for criticizing an official in an article published in February 2007. Baroudy is scheduled to face the Telmesan First Degree Court on 11 June 2007. In his article, Baroudy criticized the chair of Religious Affairs and Endowment in Telmesan province for banning cooperation between imams (religious leaders) from mosques and local broadcasters.

The chairman of the opposition Popular Front political party, Ch'bih Ould Cheikh Malainnie, has withdrawn complaints of defamation he filed against three journalists from privately-owned Nouakchott-based newspapers. The journalists, managing editor of the daily newspaper "L'Authentique", Oumar Moctar, managing editor of the daily "Al Vejr", Tah Ould Ahmed, and managing editor of the daily "Al Alem", Mohamed Mahmoud Ould Bakar, were on 28 May interrogated by police for about one and a half hours, following a complaint against them made by Malainnie.

This project explores the manner in which private capital flows are impacting on the health care sector within the region, and the effect this has on national health systems and equitable access to health care. The programme is making a call to researchers from east and southern Africa to apply to participate in the programme. Research teams will be expected to show evidence of expertise in health systems, trade, economics through one or more members of the team. The call closes on 28 June 2007

This call invites applicants from Kenya, Uganda, Tanzania and Zimbabwe to participate in a programme of skills training and national advocacy on trade and health. It involves a workshop on Policy Advocacy for health and trade being held on August 31-September 1 2007 in Tanzania, and a mentored follow up programme of research, advocacy and report back on specific trade and health issues at country level. The call closes On July 3, 2007.

JOINT Action Forum (JAF), umbrella body for civil societies that formed the Labour and Civil Society Coalition (LASCO), has called on Nigerians to fully participate in next week's planned strike to force the government to revert the hike in fuel price and the Value Added Tax (VAT), amongst others, even as it charged Labour leaders not to disappoint Nigerians during the struggles ahead.

This report by the International Crisis Group addresses the human, political and economic price of the impasse. For the peoples concerned the costs have been varying degrees of displacement, exile, isolation, poverty and denial of political freedom; for the countries, there have been, variously, financial and diplomatic costs, slower national development, and border security tensions.

Intermittent clashes and frequent attacks on civilians by armed groups in the Democratic Republic of Congo (DRC) have created a state of permanent displacement in the volatile central African country, an official of the UN High Commissioner for Refugees (UNHCR) said. "There are a million internally displaced persons [IDPs], but each time there is a successful return of IDPs, there are new displacements because of conflicts elsewhere," said Judy Cheng-Hopkins, UNHCR's assistant high commissioner for operations.

Poverty, inadequate investment in healthcare services, lack of knowledge about maternal health and pregnancy-related emergencies are some of the limitations aggravating the problem of obstetric fistula in Tanzania, according to a new report. Obstetric fistula is a hole that forms between the bladder and vagina or between the rectum and vagina during prolonged and obstructed childbirth.

Niger’s government along with two United Nations agencies have called on donors and NGOs to restart assistance for education in Niger following a corruption scandal last year which led to the freezing of most funds. “[We] call on all development partners to pool their resources to improve access to quality education in Niger,” Niger’s ministry of education said in a joint statement with the World Food Programme and the UN Children’s Agency (UNICEF).

The residents of Umkhanyakude, a poor rural district in northeastern South Africa, say they have been producing less food over the past few decades because the rains have become more erratic. Unable to grow enough food, many have been forced to seek work away from home for long periods of time. HIV then rose, said development agency Oxfam Australia, which has been working with the community since 2005, and has tried to help the people of Umkhanyakude understand the link between their altered lifestyle and climate change.

Firewood has become Zimbabwe's hottest seller, with demand shooting up since the introduction two weeks ago of widespread and prolonged power outages to give the irrigation of winter wheat fields a priority allocation of dwindling energy supplies.

If the "human cost" of climate change is calculated, countries will be forced to sit up and take notice, according to a former senior United Nations official. "Most people are unable to relate to the projections of increase in temperature or the impact of climate change on the economy, but if the climate change forecasts are linked to possible deaths, then countries will be forced to contemplate prevention plans," said Yvette Stevens, the former UN Assistant Emergency Relief Coordinator.

Ugandan President Yoweri Museveni has toughened his talk on corruption saying that every public servant keen on pilfering public resources must now expect severe repercussions. The American government has boosted Mr Museveni’s anti-corruption efforts with a $10.2 million grant (Shs16 billion), Finance Minister Ezra Suruma has announced.

Nigeria's anti-graft agency has given 15 ex-governors wanted for corruption until the end of Friday to turn themselves in or face arrest. Five of the former governors have already been quizzed by the Economic and Financial Crimes Commission (EFCC), an official has told the BBC.

Thousands of girls in Guinea are facing abuse as domestic workers, a new report has concluded. The report by Human Rights Watch says many girls are forced to work up to 18 hours a day for no pay and are physically abused by employers. The girls often live in conditions akin to slavery and many are victims of people trafficking, it says.

Kenya and Uganda have banned the use of thin plastic bags in an effort to curb environmental damage. Ugandan Finance Minister Ezra Suruma banned the importation and use of the thinnest bags and imposed a 120% tax on thicker ones in his new budget. The Kenyan finance minister imposed similar restrictions in his budget, following Rwanda and Tanzania.

World Bank presidential nominee Robert Zoellick would try to get China to listen to western concerns that it was exploiting investment opportunities in Africa while ignoring corruption in the region, he said yesterday. China has used its economic weight to invest in Africa, but has drawn criticism from western aid groups that it fosters misrule by failing to demand accountability.

In a move that may cut abductions in the volatile Niger Delta, a Nigerian high court yesterday freed on bail a former militia leader considered one of the country’s most dangerous men. The court freed treason accused and former Movement for the Emancipation of the Niger Delta (Mend) leader Mujahid Dokubu Asari on health grounds, meeting a key demand of the group.

A section of the world heritage site the Greater St Lucia Wetland Park, Africa's largest estuary, has been returned to its rightful owners, who have in turn undertaken to manage the land in accordance with the country's environmental laws. The park, situated in South Africa's KwaZulu-Natal province adjacent to the Indian Ocean, was proclaimed in 1999 as a world heritage site by the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

‘‘Today we are here to say never again shall our people lose their land rights because they are black,'' said Lulama Xingwana, South Africa's minister of agriculture and land affairs. She was speaking at the handover of a section of land in the Hluhluwe-Imfolozi National Park about one hour's drive from the mining and industrial town of Richards Bay. Richards Bay is about eight hours by car from South Africa's commercial hub of Johannesburg.

As someone who believes in ‘African solution to African problems’ I should be excited as everyone seem to be about the so called break through between the African Union and the UN on the one hand and the Government of Sudan on the other, on ending the genocidal war in Darfur. But I am not excited at all. I am not excited because we have been down this road several times before.

Khartoum has been taking everyone for a ride for so long that we take every sign of compromise as a breakthrough even if it will lead to yet another road bloc.

Khartoum has perfected the art of talking while continuing to kill its own citizens either directly or indirectly through its Janjaweed militia.

The timing of this latest breakthrough is very significant. An African Union summit is only three weeks away. The UN human Rights Council is sitting in Geneva and the Bush Administration has recently announced a raft of ineffectual sanctions.

Khartoum has played the Pan Africanist card very well, insisting on an ‘African only’ troops which satisfies our Pan Africanist instincts but knowing fully well that logistical, political and other technical challenges may make it ineffectual. It believes that an African force is more amenable to its delay tactics than a force that included other armies and with a UN command. It has exploited the understandable anti–American sentiments across the world and in Africa especially to hoodwink people into believing that any UN involvement will mean a proxy American war in yet another ‘Muslim’ , ‘Arab’ or ‘poor Third world’ country. It needs the shield Africa and the AU in order for it continue to fend off a more effective international involvement. It can also count on other shields in the Arab League and Muslim countries and in diplomacy with other Third world countries.

In proclaiming African solutions Khartoum has been counting on African incapacities as evidenced from the various challenges that the AU Force has been facing since its deployment. It has a very restricted mandate that limits it to ‘protecting civilians’ many of whom it can only reach after the Janjaweed and Khartoum forces have done their worst. Even on occasions when it had had early warning about impending attacks on innocent civilians it had been slow in responding or unable to do so.

The situation has not been helped by many of the rebels who seem to be more interested in their own egos and exaggerated political importance than the suffering of their own people. Their clamor for ‘international’ force (which in their colonial mindset means US or other western intervention) has consistently played into the hands of Khartoum. It helps Khartoum’s image laundering as an African country standing up for African solutions and sovereignty portraying the rebels as ‘agents’ of extra continental powers. The rebels have not learnt from the bitter lessons of the MDC in Zimbabwe whose struggles have been made difficult among many Africans because of the West’s support for them.

Just check your diary and see how many times Khartoum has looked very reasonable before an AU summit and only to return to its belligerency soon after. I am not sure this is not yet another of such deliberate rising of false hopes of a peaceful settlement.

Khartoum has been talking to any body that cares to talk about Darfur. That is why it has been involved concurrently in half a dozen of peace initiatives!

The problem with these talks is that they do not stop Khartoum and its allied killers in Darfur from continuing their violence against the people of Darfur but they hold those involved in the talks in check. You cannot be advocating tougher measures against a government that you are negotiating with. In the face of a fractious and faction –ridden opposition and rebel movements the government become reasonable and many peace brokers become more sympathetic to it as their frustration against the rebels grow.

However there is a wider issue relating to the mandate of the peace keeping force itself on which the Khartoum government has been giving the whole world a merry-go round. AU forces on the ground are not delivering not just for technical and logistical reasons or lack of numbers alone. There is no peace to keep since neither the government Janjaweed and the rebel factions have in practice committed themselves to ceasefire for any length of time.

You can increase the numbers of troops but without enlarging the mandate the butchering of Darfurians will continue. What everyone is now calling a breakthrough has been on the cards right from the start. Even the limited AU mandate envisaged an African leadership but did not exclude collaboration with the UN and contribution of troops from outside Africa. But Khartoum bogged everyone down in logistical issues for several months. Everyone is feeling so guilty at the horrible pictures from Darfur that we become desperate for any sign, no matter how vague that Khartoum is about to relent. Hence we are now supposed to jump that the government of Omar Al Bashir has agreed to a ‘hybrid force’. What is inherently good in a hybrid force? What is so new about it anyway? Any Peace keeping force is by definition ‘hybrid’. The people of Darfur have been under the attack of a hybrid of Sudan’s regular forces and their Janjaweed killers. Africa and the UN must really stand up to Khartoum and say : enough is enough, we will do everything possible to stop you from further killing your own citizens. It is peace making, peace enforcement before talking of peace keeping.

* Tajudeen Abdul-Raheem is the deputy director of the UN Millennium Campaign in Africa, based in Nairobi, Kenya. He writes this article in his personal capacity as a concerned pan-Africanist.

* Please send comments to or comment online at www.pambazuka.org

Four people were killed and at least 10 wounded when police dispersed residents in north Sudan protesting a dam project which they say will destroy their community, local press reported on Thursday.

The steering committee for the Kenya Telecentre Network (KTN) held its first meeting at Ugunja Community Resource Centre (UCRC), a telecentre located in the western part of Kenya. The main aim of the UCRC meeting was to review both the Uganda and Benin deliberations and chart a way forward on how to strengthen the Kenya Telecentre Network with a view to bridging the digital divide between rural and urban communities in Kenya and most importantly, managing and sustaining telecentres in rural areas.

The Council for the Development of Social Science Research in Africa (CODESRIA) invites the urgent attention of the membership of the Council, the wider African and global social research community, all believers in the democratic ideal, and all persons of good will to the serious developments in Ethiopia bearing on the lives of 38 persons, all citizens of Ethiopia, who had been arrested in the aftermath of the street protests that greeted the manipulation by the authorities of the results of the 2005 general elections. The 38 are part of a total of 111 persons – including 25 persons who had already been forced into exile – initially charged with an assortment of offences arising from the elections.

Pambazuka News 307: Ethiopia: Democracy still in jail

For over a month now, workers have been staging a sit-in at a textile factory in rural Egypt, according to a report form Al Jazeera. The majority of them are female. They're sleeping on the factory floors, leaving behind families and children, in their demands for better pay. Why? Because the average wages for these women is a lowly 30 dollars a month, not enough to feed and clothe their families. And since 1999, they haven't even been paid the bonuses and grants to which they're entitled.

One of the main militant groups operating in the Niger Delta says it will suspend hostilities for one month to allow the government of new President Umaru Yar'Adua to create a plan for peace in the oil-rich Niger Delta region. The group has also released six foreign hostages. But as Sarah Simpson reports from Lagos four more foreign oil workers have been kidnapped in the oil-rich region.

Uganda is one of the ‘highly indebted countries’ that had its debts cancelled after the Gleneagles G8 summit of 2005. It recently stepped up school spending - introducing free secondary education – but the future is looking doubtful, contends Collins Vumiria, for Panos.

One thing about the Rostock demonstrations is the predictability of it all. Yes, globalisation is simply marginalisation of the poor. Yes, the rich countries – including Germany – have reneged on their promise (renewed two years ago in Gleneagles) to give more aid to poor nations. But will this violence against police and blockading of roads necessarily change the plight of people in poor countries? asks Richard Kavuma for Panos.

We continue to receive excellent articles for publication in Pambazuka News. If you wish to submit articles for consideration, please make sure that you place the word 'SUBMISSION' in the subject line and send the article to . This will help us make sure that your submissions don't get lost in the thousands of other mails that comes to that address.

The editors

The review of African blogs has been running in Pambazuka News for almost two years. I believe the reviews form an important part of Pambazuka News as they provide readers with a 'third voice' within the mediascape. From time to time, I would like to open up the weekly reviews to other African bloggers either on the continent or in the diaspora to contribute as guest reviewers. If you are interested in being a guest reviewer please contact me by email:

with BLOG REVIEW in the subject line.

Sokari Ekine - online editor.

Nigerian oil workers threaten to physically prevent the takeover of Kaduna Port Harcourt refineries by their new owner, Blue Star Oil, a Nigerian consortium.

Afroflag Youth Vision, a network of youth organisations, and Oxfam GB recently held discussions at the Axum hotel in Addis Ababa on the African Union’s proposal to establish continental government. 150 participants from mainly local NGOs, universities, international organisations, and embassies, and national and international media attended the event.

Three presentations clarified the implications of the AU proposal. Desire Assogbavi, Oxfam GB, pan-Africa senior policy analyst provided a brief analysis 'AU Study on the Continental Government towards the United States of Africa'.

Dr Tim Murithi, senior researcher, Direct Conflict Prevention Programme, Institute of Security Studies (ISS), presented a paper 'From Pan Africanism to the Union of Africa'. Derese Getachew, lecturer in sociology and social anthropology, Addis Ababa university, presented a paper 'African Citizenhood and Challenge to realize the United States of Africa'.

Participants expressed concerns about the timing, feasibility and lack of citizens’ involvement in the process of establishing a union government. For most of the participants, this was the first time they had heard of the proposal. They felt that integration and/or unity of the continent should start from the bottom - the people, not from the top - with heads of states. A true African citizen must identify with and be able to move freely within the continent. African Union member states must also establish common standards of democracy and human rights, before establishing a union government.

Further, conflicts within and across national borders continue to plague the continent. The current AU must demonstrate a greater capacity to resolve ongoing conflicts on the continent. Though participants did not reject the idea of establishing a union government, they were concerned that the timeframes for achieving the proposal were too ambitious. However, a first step towards achieving unity would be to rationalise existing Regional Economic Communities.

More importantly, there needs to be more media involvement and coverage, especially in local languages, to promote greater awareness and involvement of the public in the process of establishing union government.

Civil society groups in Nigeria raised the need to look critically at the performance of existing institutions, before a consensus is reached on the formation of an African Union government or a United States of Africa, during a one-day roundtable organised by ActionAid in Abuja, Nigeria on May 25, 2007.

The roundtable attracted 32 representatives from civil society organisations, media, ministries of foreign affairs, the labour movement, academia, ECOWAS, private sector and other stakeholders. The meeting noted that a United States of Africa is a desirable vision, but raised some challenges including common political and cultural values, identity, citizenship integration and state power.

Speakers at the roundtable also raised concern over what was described as 'lack of democratic credentials and credibility of the African leaders, inadequate infrastructure, violation of human rights of citizens across the continent, restricted movement of Africans within the continent, context of sovereignty, political instability, travels within the continent and language barriers, immigration, setting up policy standards and adhering to them'.

Participants at the roundtable observed further that African governments need to popularise the proposal for the continental government amongst their people through sensitisation meetings, the media, academic discourse, and research into past experiences and achievements, such as OAU and AU.

In a communiqué produced by the roundtable, participants recommended the need to analyse the achievement of the African Union, and use the lessons learnt to discuss the formation of a United States of Africa.

The assessment of AU performance should be based on the implementation of existing decisions and performance of relevant institutions. This should involve all relevant institutions, governments, CSOs, media, businesses in the process leading to the formation of the United States of Africa.

Civil society must ensure that there is no disconnect between leaders and the peoples of Africa toward implementation of the proposed United States of Africa.

As a next step, the Ministry of Foreign Affairs will be hosting another public forum to discuss the proposal, and civil society has requested to work in conjunction with the ministry to organise these discussions.

For further information contact:
Túndé Àrèmú
Tel: +234 (9) 290 7867/8
tunde.aremu at actionaid.org

The seminar, co-hosted by the Institute for Security Studies and the Southern African Trust, brought together about 30 participants from civil society, research and academic institutions, government and diplomatic missions.

Cheryl Hendricks opened the seminar by underlining the significance of Africa Day, which commemorates the formation of the Organisation of the African Union and which celebrates Africa’s achievements. She observed that in many respects, this year we will be reliving the grand debate of the early 1960s with pan-Africanists calling for political and economic integration, and moderates calling for a more gradualist approach that gave birth to the OAU.

She outlined the stated rationale for a continental government pointing out that any union must be of African people, and not merely states. Integration is said to hold the key to resolving Africa’s problems.

However there are obviously many challenges that pose doubt on the readiness of Africa to embark on this institutional arrangement. Hence the current debate with arguments on the one side noting that we should first concentrate on strengthening current AU structures, and those on the other, noting that we should increase the pace of integration as in our current modus operandi, conditions will never be ripe.

This debate is, however, largely taking place amongst African heads of state, yet, it is African citizens who need to be deliberating, for it is they who stand to gain or lose the most. It is a debate ostensibly carried out for the purpose of facilitating the integration of Africa’s people.

George Mukundi gave an historical overview of the pan-African debate, underscoring the motivation for shared historical and cultural values, collective self-reliance, self-sufficiency and political freedom. He observed that Africa has continued to remain poor and divided.

The establishment of the African Union in 2002 was meant to accelerate the continent’s integration process and to strengthen its shared values and common purpose. But the challenges to continental integration have remained, especially with AU member states still holding onto the issue of sovereignty. The contradiction is that it is these leaders who are leading the debate on the formation of a ‘United States of Africa’. He noted the challenges to continental unity including; mistrust, economic inequalities, racism and questions of ethnicity. He also pointed out that political leaders are at the moment pursuing the question of integration without involving the general public.

As a way forward he pointed out the need for AU to take tough and courageous decisions and determination to enforce them, to consult and involve all Africans, to strengthen and rationalise the Regional Economic Communities (RECs) as the building blocks to achieve a Union government, address the recurrent financial constraint on the union and adopt measured steps that take into account complementarity of political and economic structures.

Prince Mashele made a presentation 'African Union government: Between dreams and reality'. He observed that the debate on a ‘United States of Africa’ picked up momentum from the 7th African Union Summit in Banjul Gambia in July 2006.

At this summit, a study report on the ‘United States of Africa’ was presented outlining concrete steps to be taken. Mashele critiqued the proposed road map arguing that there was no way the pan-African parliament (PAP) would start legislating by 2009. He also questioned the possible contradictions between the powers bestowed on the PAP to legislate and the assembly as the highest decision making body, adding that without political will, nothing would work.

He pointed out the divergence in suggestions over the structure of the union with some suggesting a federal government while others proposing the strengthening of the current structures of the African Union. In conclusion, Mashele observed that in the face of the myriad of problems facing the continent, the current debates on continental integration will neither lead to a ‘United States of Africa’ nor continental government. He termed it misplaced optimism and mere sensation.

Ozias Tungwarara picked up from Prince Mashele’s conclusion, arguing that as a Zimbabwean, he was attracted to the optimism of continental integration. He observed that the idea of a United States of Africa was good, although there was still work to be done, especially in making it resonate with the general public.

He observed that while the proposal for a continental government would have profound implications on the majority of African people, the African Union has not involved them. Civil society too, he observed, have not been effective in mobilsing people to participate in the debates. The debate has remained elitist rather than people centred. Civil society’s participation has largely been constrained, partly by the lack of cross-border networking to pressurise governments on issues of continental interest. The question, he posed is what should civil society do in the current scenario? Do they take the ‘United States of Africa’ debate back to the people for discussion before the Accra Summit or remain in reactionary mode?

He also pointed out that the debates on continental integration seem driven by neoliberal economics. He urged for the Accra summit to be withheld until ‘people’s’ voices have been heard and that civil societies should come up with new options relating to people’s engagement and coordinate efforts between civil societies focusing on development and those on politics.

The discussant, John Tesha, observed it is apparent that the continental landscape has been changing, as evidenced in the occurrence of regular elections and presidents leaving offices peacefully. He pointed out that the discourse on continental integration embodied the message of African solutions to African problems. He agreed with the need for an inclusive process, although he observed that the civil societies do have a platform at the African Union (ECOSOC). He urged the civil society to make use of available mechanisms and avoid being reactive. He conceded that that 2015 may be too close for political integration, and called for gradual and realistic time frames. He also called for advocates of ‘structured and inclusive’ processes to make concrete propositions about how that should be done. One critical question, he felt, needs to pursued is the financial implication of an African Union government.

During the plenary a number of issues were raised. These included the possible immigration challenges that could arise from political integration, a concern with abstract debates that are never implemented, the question of what makes the integration debate necessary at this moment, and the argument that presenters were offering an ‘all or nothing solution’.

It was suggested that some countries, which are more eager, would probably proceed with the political integration and others join them along the way. Other questions related to differences between North Africans and the rest of the continent, the effect of Alpha Konare’s possible resignation from the AU leadership, whether the continental integration process has borrowed from other models, such as the Asian model, and the argument that civil society could too be considered elitist.

In response, Prince Mashele observed that the current continental integration discourses are motivated by political not economic integration, pointing out the challenges of infrastructure. He observed that the question of timeframes should not be a concern given that the EU has been driven by the desire for concrete measures and not timeframes.

Mashele also pointed out the disconnection between the North and the rest of Africa, as amplified in the NEPAD process and peacekeeping missions on the continent. He underscored the need for a functional or sectoral integration e.g. regionally and across certain sectors such as infrastructure.

George Mukundi contested the notion that political integration would create migration problems, citing examples in West and East Africa, which currently allow free movement. He observed that Kadhafi’s pronouncements provided impetus for the debate on the United States of Africa, and it appears other leaders have bought into it. He observed that there was no problem with countries borrowing models which work elsewhere, provided these models are domesticated and made relevant to their new contexts.

Ozias Tungwarara argued that the debate should not be attributed to an individual, but rather be seen in the pan-African paradigm where Africa seeks to address its development challenges. He observed that from the research he has done, it is apparent that there has been little consultation on the proposed African Union government. The ECOSOC platform, he further observed, has been in interim mode all along. He urged for civil societies to create independent spaces for participation in the African Union. He emphasised the need for critical contributions from all the constituencies.

John Tesha answered the question of ‘why now’ with a rhetorical one ‘why not now?’ He observed that there is no need to question when some countries decide to lead, arguing that it is quite normal everywhere in the world. On the question of civil society participation, he said, he saw no obstacles, and observed that it all depended on initiative.

Cheryl Hendricks recapped the debate touching on the main running themes. She said the question on timing should be rephrased to 'why only now' since the raison d’etre of the OAU and AU were supposed precisely to lead along this path. She concluded by underscoring the need for the debate to be taken beyond the ‘blue chip’ NGOs to the masses.

The Institute for Democratic Governance is the secretariat of the Ghana CSO coalition – AU Summit July 2007.

To facilitate coordination, collaboration and networking among CSOs that wish to organise or participate in pre-summit activities in Accra, Ghana, the secretariat is creating a database on CSO/NGO pre-summit activities in the months of June and early July 2007.

The database will be accessible to all the registered CSOs and will enable visiting CSO actors to also interact with the secretariat. Registered CSOs will also be updated periodically on pre-summit activities and events in Ghana.

If you with to participate in this exercise, please download the form at and return it to au at ideg.org.

http://www.pambazuka.org/images/articles/307/blogs_01_koranteng.gif publishes his letter to the UK Daily Telegraph complaining about plagiarism from excellent blog post 'Bags and Stamps'. Bags and Stamps is not about the plastic shopping mall type of bag but the ubiquitous 'plaid' plastic bags that can be seen from London to Joburg and from New York to Manila. Telegraph writer, Liz Hunt obviously came across his post and chose to blatantly steal Koranteng’s words and those of another blogger and blog comments. He provides a comparison table between his post and the Telegraph piece – incidentally she didn’t even bother to match the correct spelling and missed the nuances left by various comments.

'Do note that the author completely misses Georgia's nuance by transposing Trinidad to Guyana. The point is that the naming is done by the natives - looking down onto the teeming masses of refugee or downtrodden immigrant Others. Thus Nigerians named the bags Ghana must go, Germans named it Tuekenoffer, and so forth. Thus this is not a simple copying and pasting, there was reordering and some conscious editing done in the article and perhaps the immigrants coalesced into one indistinguishable mass. This is of a piece with the general disdain for said immigrants that the rest of the author's commentary indicates. We can also skip over how Boston becomes America in the coining of "Chinatown tote". The rest of the article I'll suggest is equally enlightening.'

http://www.pambazuka.org/images/articles/307/blogs_02_dibussi.gifDibussi’s Den on 'Europe’s Shame' as African immigrants are left in the sea for three days and nights holding on to a tuna fishing net. The captain of the tug towing the net refused to allow them on board his ship. One of the comments left on the post expresses the disinterest of African leaders in the constant outward flow of the continent’s skills, knowledge and workforce.

'I saw this dramatic rescue on TV and melted at the desperation of fellow Africans.This is so sad. I continue to be amazed at the nonchalance of our African rulers. They have no shame and seem not to be bound by any impulse of collective responsibility to do something about the continuous haemorrhaging of the continent’s very best. Soon, Africa is going to skip a whole generation as the gap widens with the young all fleeing the sinking ship.'

http://www.pambazuka.org/images/articles/307/blogs_03_ekosso.gifRosemary Ekosso describes the last weeks of former World Bank head, Paul Wolfowitz as being like an animal holding on to grass to 'avoid being washed away by water'.

'We all saw how Mr. Paul Wolfowitz, (now, thankfully, former) head of the World Bank, held grass for weeks after it was brought to public notice that he was embroiled in a sordid scandal involving a female companion. Well, Mr. Wolfowitz was swept away by the flood of public opinion. And now the US government is offering to replace him with someone who is, as evidenced by the article below, even worse, especially for the Third World.'

Any relief at Wolfowitz departure is offset by the possibility of an even worse replacement, Robert Zoellick of WTO fame. Jubilee Research describes him as 'the tireless champion of free trade, but Robert Zoellick the promoter of American interests by any means and at any cost – especially to developing countries'.

http://www.pambazuka.org/images/articles/307/blogs_04_chipla.gifChippla's Weblog posts an interesting piece on the recent Kenya Airways crash in Cameroons. A reader of his blog, Bert, speculates that the Captain was under pressure from his superiors to get the plane back to Nairobi as soon as possible. Whether the newly qualified 1st officer disagreed with the Captains decision to fly may never been known but even if he did, what chance did he have of questioning the authority of the Captain and the higher echelons of KA? A similar situation happened in 1977.

'Bert also made mention of the worst aviation disaster in history—the 1977 Tenerife disaster between two Boeing 747s belonging to KLM and Pan Am—and how the unchallenged faulty decision of the KLM flight captain resulted in the death of almost 600 people. Voice transcript of this incident (as made available on Wikipedia) shows how foggy weather and the misinterpretation of communication with the control tower led the seasoned KLM flight captain to initiate take off despite questions from his flight engineer.'

Chippla’s point is that we live in a 'world where authority is recognised' but how do we challenge that authority in cases like these crashes? Should we have any influence as passengers/consumers on the Captains or any authorities decisions?

http://www.pambazuka.org/images/articles/307/blogs_05_david.gifDavid Ajao’s Blog is excited by the entry into the African blogosphere of Black South African blogger - Israel Mlambo. The fact that such an entry is worthy of it’s own post and celebration says it all.

'it is with pleasure that I introduce to you, a black South African blogger, Israel Mlambo. He blogs at http://izzonline.blogspot.com * You should read another of his blog post 'The SA blogosphere is ‘entirely’ white' to understand why I emphasised the word “black”.' – More on Israel in the Southern African review.

http://www.pambazuka.org/images/articles/307/blogs_06_wordsbody.gifWordsbody celebrates this year’s Orange Prize to be announced on the 6th June. Here she goes back to 2004 when Andrea Levy won the prize for a novel 'Small Island' and Nigeria's Chimamanda Ngozi Adichie had been shortlisted for her debut novel, Purple Hibiscus. This year Adichie is once again a nominee for her latest novel Half of a Yellow Sun. Excellent write up and I look forward to this year's edition.

http://www.pambazuka.org/images/articles/307/blogs_07_blacklooks.gifBlack Looks listens to a speech by Nigeria’s former finance minister, Ngozi Okonjo-Iweala – part of the TED Africa hooray taking place this week in Arusha, Tanzania. A gathering of technologists, entertainers and designers (TED!) from across Africa and beyond with the hope of creating a 'A Different Africa'. No AIDS, poverty, shackdwellers, conflict, human rights violations or limits on press freedom, here. The focus is on business and 'doing it for ourselves'. BL comments

'One thing I do agree with is “We have to do it for ourselves”. The Abahlali baseMjondolo shack dwellers have shown us and proved that a social movement can engage in real participatory democracy and stand up to oppression, elitism, BEE (Black Economic Empowerment) for the few, racism and economic apartheid. People get very excited when talking about this “other Africa” - the one of growth in telecoms and of course huge profits, most of which are made from the poor subsidising the rich (cheaper tariffs and better deals for contract versus “pay as you go”). Privatisation policies which include privatisation of basic needs such as water, and electricity and again the poor subsidising the rich who pay less for their electricity than the poor and commercial enterprises being subsidised by consumers. And the big wow - Nigeria now has a shopping mall where businesses are turning over 4 times more than projected. Hows that for progress? Especially when it runs on its own private set of generators and God knows where it gets its water from? And even more exciting is the new “mining code” legislation which would be a great leap forward except it has somehow now reached the oil industry. But with all these great leaps forward where is the money going - not into social programmes, not in constructing an electric power system and running water.'

Two years on, the winners of the 2005 Ethiopian elections remain in prison. Mammo Muchie challenges the international community to stop using double standards, and demands that it privileges and prioritises values of democracy, human rights and the rule of law over narrow national interests.

'All of us who are concerned for peace and triumph of reason and justice must be keenly aware how small an influence reason and honest good will exert upon events in the political field.' - Albert Einstein

It is exactly two years since Ethiopia experienced one of the most open elections in its history. All of us who expected that finally our country would make it by seeing lawful, legitimate, citizen-anchored, citizen-choosing and citizen-voting change from one set of parties and persons to another, found ourselves in the unhappy situation where the usual mindset of those in power refused to concede to the citizenry.

Today, those who were elected are still in prison. Far from democracy fully blossoming in the veins, arteries and soul of this ancient nation, democracy itself is in prison. How else can we describe the difficulties of those who have done nothing but run for election in the drive to express their highest form of citizenship, other than to say we are bewildered. Continuing to imprison them is to continue to imprison democracy itself.

The space once open in Ethiopia in the pre-election phase undoubtedly created opportunities for some 25,000,000 Ethiopians to manifest a will to self-govern. One can understand that the fight, the debate, the commotion and excitement was unusually electrifying and vibrant. There is no doubt, also, that given the context of a free election, any reaction could spill into overreaction.

But nothing can justify the regime’s action to convert a vibrant political process, where the stakes were so high, into the overreaction and subsequent, if not wilful, killings by the security services into a legal wrangle against the popularly elected citizens, such as the engineer Hailu Shawl, Weizero Birtukan, Dr Berhanu, and all the others who are still unjustly in jail.

Changing the political process into a criminal legal process is hypocritical and unfair. The regime cannot prove that those in jail have any criminal intention. They never had. They never will. They had the noble intention of seeing their nation achieve what it has never achieved in its long history: to enter into an era of rule of law, where those in power submit to law, respect democratic freedoms, human rights and democratic political systems of governance.

Victims of double standards

A year ago in May 2006, there was a self-initiated momentum of world wide protest. Unity of the opposition, despite many attempts to disrupt it, was at the highest it had perhaps ever been. After May 2006, opposition groups started disagreeing, and the momentum slowed.

Now there is a need for the opposition to unite and agree in ensuring that those in jail are released long before the Ethiopian millennium. It will be a shame on all of us, above all on the Meles regime, to enter the next 1000 years with democrats in jail.

There are those who say that calling for the prisoners to be released is not the same thing as calling for the release of democracy - symbolically jailed along with their imprisonment. But there is no doubt it is the same thing. If there is anything that opposition forces unite on, it must be on the release of the prisoners, in order to release the incarcerated democracy of our country. It will be shameful for all of us not to recognise this dialectic, and call for the unconditional earliest possible release of those citizens, freely voted and chosen by Ethiopians who manifested a will to govern themselves through legitimate representatives.

It is also shameful for the drivers of world politics, who claim to stand for the values of freedom, human rights, the rule of law and democracy, to fete those who continue to jail a group of people whose record speaks a million for standing for the same values. Prof. Mesfin has stood for educating citizens, through ERCHO and other press outlets, for a very long time. There is absolutely no justification to put a man of his distinction in jail. For the world to remain silent and look the other way when such injustice is visited on an elderly man is indeed a failure of will, and a triumph of narrow interest.

Ever since the US policy thinkers have used the cold war paradigm to frame that country’s national security strategy by differentiating enemies and friends with the language of 'those who are not with us are against us', it has been possible for opportunist politicians to lure the US into serving its current strategic concerns.

On 20 September 2001, President Bush addressed the joint session of congress and the American people outlining the defining doctrine of the post-9/11 world: 'Every nation, in every region, now has a decision to make. Either you are with us, you are with the terrorists' (http://www.whitehouse.gov/news/releases/2001/09/20010920-8.html). The problem with this formulation is that whoever claims to fight terrorism, whether that regime upholds democracy, human rights and rule of law or not, is open to be feted by the Bush administration. The doctrine, just as in the cold war days, opens up the opportunity for those who run into domestic trouble to entice the US government to back their misdeeds and look the other way.

The US government also opens itself to the legitimate charge that it is following a double standard. One of its standards is to uphold values of freedom and democracy; and the other standards are to pursue its interests. For the US government, especially the Bush administration, fusing the two and finding sustainable allies based on principles and values, have since become a huge problem. Ethiopia’s search for a democratic history has been influenced by the American administration's contradictory posture, inherent in the tension of the current post-9/11 doctrines. Our own election has suffered and our prisoners are still in jail for two main reasons: internal opposition division and not being able to unite around a minimum programme; and the international community' double standard.

A renewed call

Always in the middle of crisis lies opportunity. We call for the opposition to unite and redouble its efforts to get the prisoners released without delay.

Ethiopia has in front of it a millennium coming. It will be a shame to enter the millennium divided: the church is divided; the political parties are divided; communities are ethnically divided. There is alarming talk of a growing religious divide. Ethiopia may not avoid these divisive fissures, but it can not afford them. It is a challenge to all of us in Ethiopia and the region, from the Red Sea to the Indian Ocean, to make sure that we promote rule of law, democracy and human rights; and institutionalise democratic governance as a sure remedy to deal with the myriad conflicts and create a community of security and development, not only in Ethiopia but in the entire Horn of Africa region.

We call on the international community to stop using double standards, and demand that it privileges and prioritises values of democracy, human rights and rule of law over narrow national interests and narrow global projections, and to distinguish enemies from friends. We call on it to use every possible influence and the Ethiopian millennium to get the imprisoned democrats released and demand that they express outrage against the criminalisation of those who have been duly and freely elected as part of consistently upholding of the values they claim to hold dear.

If the unity of Ethiopians for democracy, human rights and rule of law, and the international community's respect of these same values over any narrow national and foreign policy concerns and interests, evade us, then Einstein is right: 'Two things are infinite: the universe and human stupidity, and I’m not sure about the universe.'

The Network of Ethiopian Scholars (NES) challenges us all to show the limitless capacity for human stupidity is not infinite. Act and unite to release the prisoners now!

* Mammo Muchie is a member of the Scandinavian chapter of the Network of Ethiopian Scholars.

* Please send comments to or comment online at www.pambazuka.org

Tagged under: 307, Features, Governance, Mammo Muchie

The right to information underpins and is the cornerstone of all other human rights. Priscilla Nyokabi assesses the newly proposed Freedom of Information Act of Kenya.

The Kenyan section of the International Commission of Jurists (ICJ) and the Freedom of Information Network celebrates the dawn of an era in Kenya marked by the introduction of the Freedom of Information Bill, 2007 in parliament yesterday, 17 May 2007, by Hon. Gideon Moi on behalf of Hon. Prof. Anyang’ Nyong’o.

The painstaking efforts of the Freedom of Information Network of drafting and publicising the Freedom of Information Bill have finally come to fruition through the tabling of the bill. This has been an ongoing campaign since the year 2000 spearheaded by ICJ-Kenya in consultation with various stakeholders, members of the Freedom of Information Network, and supported by many Kenyans countrywide. The 9th parliament has brought us to the peak of the Right to Know Campaign by embarking on the legislative process.

We are happy to note that even the government is keenly committed to this cause, as evidenced by the publication of the recent Draft Kenya Freedom of Information (FOI) Bill 2007. Indeed all stakeholders are reading from the same script, the government, the media, the civil society, MPs and all Kenyans of good will. We therefore envisage a smooth passage of the bill long before elections.

The published bill has very progressive provisions. It promises to usher in an era of openness, transparency and accountability in Kenya. Enactment of the FOI Act will confirm Kenya as a leading democracy in Africa, and among the top five countries to have an FOI Law. Only South Africa, Angola and Uganda have access to information regimes.

We are now at the finishing line towards having an FOI Act in Kenya. The clock is ticking and we urge all members of the 9th parliament both in opposition and in government to rise to the occasion and put the interests of this great nation forward by enacting the bill in its entirety.

Why an FOI law?

There are many reasons for having freedom of information legislation: to make government more accountable, increase public participation, promote the involvement of all in public life, including those currently marginalised, like women; to make private companies more accountable, monitor and expose corruption, lead to better decision making, protect privacy, expose human rights violations, and promote workers' rights; and to make the country more secure. Access to information is instrumental to parliament's oversight role.

Access to information makes the government more sensitive and responsive to the needs and demands of the ordinary people. A freedom of information law increases public participation, because the public can regularly engage with government officials and parliamentary representatives.

Freedom of information entails the rights of citizens of a country to access official information held or in the custody of their government. It invokes an obligation on the government to facilitate easy access to information under its docket, and, significantly, to publish important information pro-actively and regularly for the general public.

Good governance, an essential component of any thriving democratic state, is premised on a system of openness, trust and government accountability. This can only be achieved if the public is involved in the process of governance. If the general public knows the functions, policies and decisions made, they can question the government on the basis of the information obtained, and, most importantly, the reasons for the government’s actions. It is thus necessary that the government develops a clear policy on the freedom of information in a bid to ensuring that subsequent legislation – freedom of information laws - are implemented effectively and based on accepted international principles and best practices.

The right to information underpins all other human rights; it is the cornerstone of all other rights. The right is encapsulated in the 1948 Universal Declaration of Human Rights (UDHR) under Article 19. It is similarly enshrined in the International Convention of Civil and Political Rights (ICCPR), to which Kenya is a party.

Though the Kenyan constitution does not expressly provide for the freedom of information, section 79 of the constitution makes provision for the freedom of expression which includes among other things: ‘freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of person)’.

The right to information is enshrined in the section 79 of the constitution, which provides for freedom of expression. The right is however derogated from through various pieces of legislation, chief among them is the Official Secrets Act. This position was sought to be corrected in the draft constitution, article 51 of which expressly provides for the right of access to information, and requires an enabling law be enacted within six months of the coming into force of the new constitution.

As can be reasonably inferred from the constitution, the right to receive ideas and information without interference affords the citizens of Kenya a right to access information, including government information. Similarly Kenya has ratified and adopted the UDHR and the ICCPR; and the government is under an obligation to promote and preserve the right to information. One end of achieving such means is by putting in place the necessary policies to promote the right and the enactment of a freedom of information law to guarantee the said right to the citizenry.

The implementation and operationalisation of both a policy and freedom of information law will be the essential building blocks towards creating an open, free and accountable culture in Kenya and the foundation of a successful democratic state.

International principles and best practices

For the proposed freedom of information policy 2007 to be effective in implementing a FOI regime, they must be premised on international principles and best practices, which have been developed over the years by countries that have adopted FOI laws, borne out of their experiences in respect to operationalising the enjoyment of the right to know. As we are getting into FOI jurisprudence after many other countries, let us learn from them and adopt best practices.

In borrowing international practice for the FOI regime, let us borrow from the most progressive jurisdictions in application of the FOI Law. Australia and United Kingdom are known to be conservative regimes. South Africa and India provide more progressive models. Let us at look at drawing lessons from closer home in South Africa.

There are the minimum standards that any proposed FOI law should adopt in order for a state to fulfil its obligations of promoting and preserving the right to information. These principles are set out below.

Maximum disclosure

This principle provides for a strong presumption in favour of disclosure of information. Simply put, it advocates for the disclosure of all government or public information. It covers the access of information in all public bodies and private bodies that carry out public functions or where their activities affect the public rights or civil liberties.

Under this principle disclosure and access to information is the norm; the exception being non-disclosure. In addition this principle imposes an obligation on the state to pro-actively and regularly publish information in its possession without any prompting from the public. It establishes minimum standards under which public records are to stored and maintained by public bodies. It provides for offences for the obstruction of access of information or the wilful destruction of records.

Minimum exemptions

Closely linked to the principle of maximum disclosure, this principle advocates for limited exceptions of information that should not be disclosed. It provides that exceptions should be precise and narrowly drafted to protect a legitimate interest from harm, often referred to as the ‘harm’ and ‘public’ test. Exceptions should be based on the content rather than on a particular class such as ‘national security’. In short, no blanket exemptions are allowed. A refusal to disclose information must be justified by a public body and should meet a strict three-part test, including:

* information must relate to a legitimate interest/aim listed in the law
* disclosure must threaten to cause substantial harm to that aim
* the harm to that interest must be greater than the public interest in having the information disclosed.

It should be noted that even though the information in question meets the above mentioned three-part test, it might still be disclosed if it is shown that the public interest in disclosing that information is greater than the harm that may befall the protected interest. This is what is referred to as the public override test.

Simple, easy and inexpensive access

Any freedom of information law should provide for a mechanism for simple and cheap access to information. The process of deciding upon requests for information should be defined at three main stages: within the relevant public body; appeals to an independent administrative body; and an appeal method to the courts. Where applicable, the provision should ensure full access to certain disadvantaged groups such as the disabled. The cost of obtaining information should not be dear as to prevent the realisation of the objectives of the law.

Promotion of open government

This principle mainly advocates the promotion of the right to information by the government, and creating a culture of openness within government circles. This entails the provision of public education, dissemination of information relating to FOI to the general public, informing the public about the scope of the information that is covered by the law, information available and the manner in which the public may exercise their rights.

In addition, this principle places an obligation on the government to provide training to their officers on the freedom of information, the scope of the right, procedures for allowing access of information to the public, maintenance and preservation of public documents, information that should be pro-actively disclosed and the scope of whistleblower protection.

Disclosure takes precedence

This international principle simply provides that existing laws, which are in contrast with the principle of maximum disclosure, should be amended or repealed. That other laws relating to the maintenance, publication or dissemination of public information should be construed in a manner consistent with the FOI law. Where inapplicable, such information should be dealt with subject to the principles espoused by the freedom of information legislation.

Whistleblower protection

An effective freedom of information law should make provision for the protection of whistleblowers. Whistle blowers as the name suggest refers to government employees or third parties privy to government functions who disclose information of wrong doing by government officials, information which is the subject of exemption. This people perform the function of early warning and complement investigators roles. Such people should be properly protected from reprisals from government officials or penalisation, as a result of their actions, so long as they act reasonably and in good faith.

Conclusion

The FOI Bill 2007, when enacted into law, promises to usher Kenya into an era of openness, transparency and accountability. Access to information is the key pillar of democracy. It will facilitate public participation in public affairs, as noted by President Mwai Kibaki in 2005:

‘…more importantly, the free flow of news and information is one of the hall marks of a functioning democracy. An informed society is able to better participate in design and execution of public policies. It is also more resourceful and creative in addressing social challenges. Such a society is therefore, better placed to increase productivity and prosperity...my Government is, together with media and other stakeholders, drafting a Freedom of Information Act, to bring the legal framework in line with current realities. These and other initiatives are meant to enhance the ability of the people of Kenya to exchange ideas, question the Government, contribute to national development and be part of a truly democratic state.’

The above is a reflection of the promises we are asking all our leaders to keep in bringing Kenya in line with the current realities. Kenya should join the other 70 countries in the world that have enacted freedom of information laws.

* Priscilla Nyokabi is programme officer for the Kenyan Section of the International Commission of Jurists

* This is an edited version of a longer paper which is available at the Pambazuka News website (http://www.pambazuka.org/en/category/comment/41846)

* Please send comments to [email protected] or comment online at www.pambazuka.org

http://www.pambazuka.org/images/articles/307/41847_mob.jpgEverlyne Nairesiae of GROOTS Kenya reviews the recent three-day workshop of pan-African mobile phone activists, held in Nairobi. She explains how GROOTS has applied mobile phone technology in their work on property rights for rural Kenyan women.

Mobile activists across Africa converged in Nairobi Kenya for a three-day workshop facilitated by Fahamu in conjunction with the (known as 'Tactical Tech'). The aim of the workshops was to critically examine existing opportunities to enhance the wide use of mobile phone as media of advocacy, networking and collaboration among activists in Africa.

The workshop was a build up to the 'techie' preparation for a two-day workshop geared towards developing a toolkit especially tailored to suit the African context. The launch of the toolkit, which is anticipated to be ready by October 2007, aims to strengthen and facilitate the use of mobile phones as a tool for advocacy in responding to social development needs in Africa. The workshop culminated in the formation of a steering committee mandated by members to champion the development of the Pan-African Mobile Network (PAMONET).

My participation in the workshop was exiting, since it was characterised by the rich experiences of presenters from Africa and around the word on the application of mobile phones in advocacy work. The use of mobile phone technology stands out as a unique and emerging convenient mode of communication for community development across Africa. African countries including Nigeria, South Africa, Uganda and Kenya among others have recently started using this technology to resolve community needs, and advocate for human rights, among other cross-cutting issues. This is done mainly through use of short messages (SMS), and/or making direct calls via cell phone. During the workshop, activists reported concrete achievements registered with the use of mobile phone across countries in Africa and that their contribution in addressing social and development issues cannot be under estimated.

GROOTS Kenya regional electronic exchange mentorship strategy to address women and orphans property inheritance rights

GROOTS - is a grassroots organisation operating together in sisterhood is a movement of community based organisations and groups of women in Kenya. GROOTS Kenya is a member of GROOTS International and Huairou Commission. Their work is centred around the lives and needs of grassroots women. It is therefore largely non-thematic as it responds to community needs and priorities. The organisation accomplishes its goals through four main programmes: Community Responses to HIV/Aids, Women and Property Program, Women's Leadership and Governance, and Community Resources and Livelihoods.

GROOTS Kenya has mainly used the mobile phone in advocating and addressing women and orphans rights to own and inherit property in four regions in Kenya which include: Kakamega in western province, Kendubay in Nyanza province, and Limuru and Gatundu in Central province of Kenya. In these communities, GROOTS Kenya facilitated the formation of community watchdog groups, which are led by women to safeguard against the grabbing of property from women and orphans, many of who are infected and affected with HIV/Aids.

The watchdog groups work with relevant NGOs, government institutions, opinion/traditional leaders, FBOs as well as the provincial administrators through the office of the chief and assistant chiefs. It is important to mention that chiefs and assistant chiefs are the lowest government administration unit at the community level and are very crucial in determining and safeguarding the rights of marginalized people in any community in Kenya. Unfortunately most of them have limited knowledge, information and capacity to handle and or support property disinheritance cases of women or orphans brought to their attention.

In the four regions only one assistant chief Mr Peter Mutheru; who is sub-chief in Kiamoria sub-location in Gatundu, had ample knowledge and skills. This necessitated a lot of interaction among the chiefs from the four regions to benefit from his significant understanding of the procedures of courts of law in order to support cases of women and orphans right to property inheritance which were being presented to them by the watchdog groups.

The use of mobile phone became a special tool in facilitating electronic mentoring among the chiefs across the region mainly through communicating via messages and making direct call to each other while seeking guidance and or information on succession law and procedures. In addition, this was complemented by the use of community radio listening strategies which created awareness on the right to property of women and orphans. On the other hand, grassroots women and members of watchdog groups also use mobile phone to report cases of property grabbing to the chiefs, and thereby enhance the communication and follow up of cases as well as provide support to victims of the vice.

Increase in knowledge among the chiefs led to the transformation of both their attitude towards women and orphans property rights and influenced their mode of working which in turn facilitated efficiency at administrative and community levels. The use of regional electronic exchange mentoring strategy by GROOTS Kenya, using the mobile phones have led to the following achievements:

* enhanced knowledge and skills in addressing women and orphans property rights among the chiefs across the four regions through mentoring and networking
* increase in resolved cases of women and orphans who had lost property to relatives
* strengthened the relationship between the provincial administrators and grassroots women in the community through partnership
* enhanced follow up and support of pending cases in the office of the chief and law courts
* facilitated a significant reduction in costs for instance on travelling, accommodation and other logistics since the regions were distance away from each other.

Although the above achievements were realised, the following challenges including high poverty levels which hinders communities and chiefs to purchase airtime; illiteracy mainly among grassroots women hence unable to read messages; a limited number of cell phones in the communities thus rely on those who have cell phones to access information; and a lack of formality in communication which makes it difficult to hold any party accountable.

Most groups tried to have parallel meetings in their own different regions and converse in a form of tele-conferencing through mobiles. Unfortunately the telephone sets used by many communities have no features such as speaker phones which would have enabled more than one person to listen to a call and then pass the information on to the rest of the community.

GROOTS Kenya’s experience coupled up with experiences from other countries in Africa shared during the mobile activism workshop in Nairobi Kenya highlighted a number of factors. It is evident that the use of cell phones facilitate achievement of tremendous results which are cost effective and efficient.

Thanks to Fahamu and Tactical Tech for providing us an opportunity to share and learn from other partners experiences on the use of cell phones in addressing social and development needs. For more information please contact GROOTS Kenya on the address given below.

* Everlyne Nairesiae is Program Coordinator of GROOTS Kenya P.O.Box, 10320-GPO, Nairobi, Kenya. E.mail:[email protected]

* Please send comments to [email protected] or comment online at www.pambazuka.org

Under the guidance and direct supervision of the Country Director, the Communications Specialist implements the corporate communications strategy; designs, manages and facilitates the implementation of the Country Office communications and publication strategies with a view to influence the development agenda, to promote public and media outreach and to mobilize political and financial support for UNDP. Closing date: 25 Jun 2007.

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The Senior Program Officer for the African women Food Farmer Initiative works in partnership with The Hunger Project in Africa to successfully implement the AWFFI Microfinance program focusing on the provision of credit, savings facilities and training for African women farmers in THP epicenters. Closing date: June 08, 2007.

Promote and support long term emergency and conflict work among a cluster of countries, this work plan will be based on the West Africa region’s priorities.
Focus on getting emergency and human security issues integrated into country programmes by assisting with programme design, training and fundraising. We are looking for a committed, capable and result-oriented candidate with solid experience in advising international level emergencies and conflict programmes within an INGO setting. To apply, please download the AAI forms on the website. Closing date: June 8, 2007.

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On the opening day of the G-8 summit, leading international debt cancellation advocacy groups declared that the debt deal G-8 leaders negotiated 2 years ago has not solved the debt crisis and issued a strong call to the G-8 to stop the activities of so-called "vulture funds".

The Education Coordinator will lead a dynamic team of professionals dedicated to the education of vulnerable children. S/he will develop an innovative curriculum for the children in Amani's non-formal education program (school at Amani), ensure that each child's education is prioritised in his/her care and follow-up, and make certain that consideration is given to each child's individual needs, interests, and abilities.

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ACDI/VOCA is currently seeking a Chief of Party for an upcoming three- to five-year agribusiness program in Burundi, involving issues of productivity, policy and market access. Possible start date is August 2007.

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Human Rights First seeks a PROGRAM ASSISTANT in its Law & Security Program. Based in New York, the Program Assistant will provide comprehensive administrative, organizational, and communications support for the Law & Security Program. Managing the infrastructure of the Law & Security Program requires managing administrative and financial paperwork for the Program, photocopying, coordinating meetings for the entire Program and other duties explained on their website. Closing date: June 11, 2007.

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We are looking for a Junior Economist to conduct economic analysis of and draft documents about policy issues arising in fields covered by the Public Governance and Territorial Development Directorate (GOV). The selected candidate will carry out analysis and studies within the framework of a project regarding regional innovation systems and clusters in Mexico. S/he will be recruited to work out of the OECD Mexico Office. Deadline: June 24, 2007.

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The Content Editor will be responsible and accountable for the editorial development of, and driving performance to, the BBC Worldwide channel on YouTube (and any future similar partnerships), which results in the meeting of the channel’s commercial and editorial targets. The role sits within the Digital Media division of BBC Worldwide and reports to the Head of Content. Closing date: 14 June 2007.

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International Foundation for Science occasionally issues calls for applications together with other partner or donor organizations. Currently IFS has open special calls for research project proposals on: Use of Water as a Scarce Commodity in Biological Production; Sustainable Sanitation in developing countries; and Water Research in OIC Countries. The deadline for all calls are June 30, 2007.

Cycle 350km across one of the most diverse and beautiful landscapes in the world, whilst helping Computer Aid International deliver vital IT education to communities in need.

The Rainforrest Foundation is a small but expanding organisation and are looking for a Volunteer Administration Assistant to play a vital role in the increasingly busy team, to ideally work for a minimum of two months (part-time or full-time hours are possible). This role provides a fantastic opportunity to gain valuable experience and proficiency working for a small NGO.

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The Third World Organization for Women in Science (TWOWS) with funds generously provided by the Department for Research Cooperation (SAREC) of the Swedish International Development Cooperation Agency (Sida), has instituted a fellowship programme for female students from Sub-Saharan Africa and Least Developed Countries (LDCs), who wish to pursue postgraduate training leading to a Ph.D., at centres of excellence in the South (developing countries), outside their own country. Deadline: 31 July 2007

The Conference of Rectors, Vice-Chancellors and Presidents of African Universities (COREVIP) is an assembly of the chief executive officers of member institutions or their representatives. The theme for the Conference is: "The African Brain Drain - Managing the Drain: Working with the Diaspora". The conference will take place from 21-25th of October, 2007. The deadline for registration is June 30, 2007.

Ochieng M. Khairallah argues that the trend in Kenya and elsewhere to criminalise the poor will lead to the systematic eradication of the poor, if the causes of poverty are not addressed.

Debates have been taking place about the probable causes of world problems. From diseases, violence, wars and corruption, the current world is mired in problems of varying dimensions and intensity. Ardent analyses of recent debates show that they are biased against poverty as the single most important cause of the world's problems. The criminalisation of poverty is increasingly becoming apparent, both in discourse and practice. We see world leaders on a daily basis give speeches, laced with all manner of condemnations against poverty, but with little or no action at all in terms of tangible actions for grappling with the issue.

Kenya is no exception to the debate. Recent experience confirms similar political focus on poverty, especially as a campaign issue in the wake of the forth-coming general elections. It is baffling to see leaders attribute the current spate of insecurity and associated ills in the country with poverty and the attendant widening of the divide line between the haves and the have-nots. While this might be true to an extent, it is not in my humble view the real problem behind current challenges facing the country. More worrying is the gullibility with which the general public has fallen prey to such hollow and simplistic arguments. In essence, it is a veiled way of saying that the poor are the problem. Instructively, attributing global problems to poverty without grappling with the causes of the same, is in my view, tantamount to condemning the poor. We might in the fullness of time witness systematic eradication of the poor in the name of poverty eradication.

The fact that poverty is a problem cannot be denied. But to condemn it without interrogating related problems and issues is, by all measures, escapist and self-defeatist. A comparative appraisal of poverty and unbridled capitalism the world over attest to the foregoing assertion. Hindsight reveals that the insatiable quest and rush for riches and raw money or the primitive pursuit of and accumulation of riches ordinarily associated with unbridled capitalism lies at the root of the myriad problems facing the world today. It must not be lost on us that capitalism per se is not so bad, if capital is geared to the development of the human person, i.e. to the creation and enhancement of human capital.

When capital is solely based on primitive accumulation, especially within an exclusive club at the exclusion of the majority, then it begins to attract prejudices and nuances of varying perspectives. In particular, it begets impunity. The feeling that everything is possible with money begins to assume centrality in public discourse. Money becomes an end in itself. This is particularly so in the so-called Third World countries, where education is anchored in money, and selfish and personal pursuit of happiness, to the detriment or total disregard of the collective good of society. This gives rise to intra-class competition, which entails cutting deals between business and politics. Different classes begin to emerge at various levels with attendant considerations as to what a person owns and comes from, and which party they support.

As a result, both intra-class and inter-class tensions begin to emerge depending on the prevailing prejudices, belief and nuances; usually with tragic consequences. This is where the curse of primitive capital lies. Instead of capital for human development, it becomes capital for human destruction. In the process, fear creeps in and usually it is fear of the unknown. People begin to seek refuge in primitive cocoons and related factors and prejudices emerge, usually tribal, ethnic, class, religion, culture and privileges. Conspiracies begin to emerge ranging from sabotage, elimination of the un-wanted, corruption, discrimination and marginalizsation. The list is endless. Consequently capital begins to oil the wheels of injustice.

Because people must protect themselves, private armies begin to emerge. Capital must therefore be used to procure weapons and related assortment; eventually people must be paid to do dirty work even if it means eliminating others. At times others must either be marginalised or frustrated because of the fear of their abilities or the so-called fear of the unknown. As a result poverty is created where it should not have been, and ironically, it is poverty created by capital. How many understand how capital is creating poverty in Africa? If you doubt this, then justify the concept of bribery especially the buying of votes during elections. Do we not we see democracy become dictatorship by capital? Whoever pays gets the vote, even if nothing other than making money through corruption and related vices is understood.

With time, this trend traverses all sectors with worrying trappings as the rush and stampedes for raw capital dictate the direction of progress. Scientists begin to venture into sophistications of tragic consequences - say advanced weaponry or warfare - do they stop to think for whom the weapons are made and the wars fought? Doctors begin not to research the means of advancing humanity, but rather how to create diseases so as to make money from such diseases. How much money are we making from sale of condoms and retro-virals? Moreover why do we fail to give our people clean water but are quick to build dispensaries to sell drugs to those suffering and dying from water-borne diseases. What kind of research are our public health officers engaged in? Do we need to re-educate the educated sons and daughter of Africa?

Quest for capital or raw money becomes the rule rather than the exception. Lawyers begin to conspire with judges in creating bids for justice as well as to advise clients on how to evade the law. Education begins to be determined by ones ability to pay, as opposed to merit, even if it means paying others to sit examinations for you. As a result we produce professors and graduates who are no more than salesmen of western products, including raw capital. Do you see the danger of such kind of education? Or must we wait to see professionals who are not knowledgeable in their fields? Imagine having doctors who cannot decipher malaria from headache, or stomach ache from heart-burn! Engineers and quantity surveyors who are concerned about how much money they can make from a given contract as opposed to quality of structures being erected. The list is endless. This is what others will soon refer to as the educated fools of Africa.

An effective education must aim at production, not consumerism or brokerage. Education must be anchored on the common good of all, lest the circle continues and eventually we produce a cabbage or an animal farm as a society. These are the reasons why I hold that the woes be-devilling the world currently, and Kenya in particular, are deeply rooted in poor or improper education and primitive quest, pursuit and accumulation of capital, and not poverty. No one would be poor if capital were geared to human development. This is what is referred to as the socialisation of capital. Social imperatives come before capital and not the other way round. Provide clean and drinkable water to all, as opposed to placing it at the behest of private commerce.

The trend continues. First it was privatisation of land, apparently not for maximisation of production but increasingly as collateral for destructive capital. Remember vast land is hoarded land and is not under productive utilisation. Now it is water. What will be next? Imagine a situation where air is poisoned by vagaries of capital, and therefore human beings are forced to buy so-called treated air. I suppose a special commercial devise would have been invented to clean poisoned air and package the same for sale and oxygen for individual consumption and survival. Must we condemn future generations in this manner? Need I say more about un-bridled capitalism?

* Ochieng M. Khairallah is a lawyer and human rights activist.

* Please send comments to or comment online at www.pambazuka.org

Sexual behaviour is not changing in South Africa despite the massive energy and expertise that goes into research. This was the sobering message from Olive Shisana, CEO of the Human Sciences Research Council at the 3rd South African Aids Conference at Durban's International Convention Centre on Tuesday June 5.

Swaziland's truck drivers, who are twice as likely to be infected with HIV than the general population, are finally getting the programmes required to provide them with treatment and support, a conference was told this week.

South Africa has had a prevention of mother-to-child HIV transmission (PMTCT) programme since 2003, yet it is only reaching an estimated one-sixth of pregnant, HIV positive women. This means that thousands of babies are being infected each year as at least one in three pregnant women nationally was HIV positive by 2005 and around a third of HIV positive mothers transmit HIV to their babies.

According to William Gumede, competing nations are exploiting increasing anti-American sentiment in Africa to muscle out U.S. companies for lucrative business deals, especially in energy and minerals. Unless U.S. policies change, it appears that negative sentiment in Africa will result in more loss of business and political clout.

Women who begin potent anti-HIV therapy during pregnancy achieve undetectable viral loads more quickly with nevirapine-based compared to nelfinavir-based regimens, according to findings from the European Collaborative Study. Results published in the June 15th issue of Clinical Infectious Diseases also showed that women of western African origin achieved viral suppression more quickly than non-African women.

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