A Gambian journalist of the sealed bi-weekly newspaper, 'The Independent', was convicted by a regional court to either pay US $2, 000 or in default serve a year in prison. His attorney, Lamin Camara, vows to appeal against the conviction at the High Court.

Millions of dollars worth of timber revenue is being lost each year in Tanzania because of poor governance and rampant corruption in the forestry sector, according to a new report by TRAFFIC International.

Comoros has delayed an election due on Sunday on the mutinous island of Anjouan for one week after police there shot three civilians during political unrest, national radio said late on Thursday. The coup-prone Indian Ocean archipelago was due to elect local presidents for its three main islands. The authorities said polls would go ahead as planned this weekend on Grande Comore and Moheli, but Anjouan's would be postponed to June 17.

Authorities in Tanzania have expressed concern over the large numbers of pupils, mostly girls, who drop out of school because of pregnancy, teenage marriage, child labour or truancy. President Jakaya Kikwete said the number of primary school drop-outs rose to 44,742 in 2006 from 32,469 the previous year.

The closure of several leading radio stations by the Somali government has silenced important community voices in the war-ravaged country, a media watchdog has said. The stations, HornAfrik radio and television, Shabelle Media Network and Radio Voice of Holy Koran, were shut down on 6 June, for alleged support of anti-government elements.

The Freedom of Expression Institute (FXI) welcomes the fact that the South African Broadcasting Corporation (SABC) has decided to schedule the controversial documentary on President Thabo Mbeki for screening on Sunday 10 June at 9 pm on SABC 3. In marches, pickets and demonstrations held outside various SABC offices since last November, the FXI has repeatedly called for the screening of the documentary, and the Institute is pleased that this is finally going to take place.

A new study by the United Nations labour agency finds that more than one in five workers around the world – over 600 million people – are working “excessively” long hours. The International Labour Organization (ILO) estimates that 22 per cent of the global workforce are still working more than 48 hours a week, “often merely to make ends meet.”

A new website, has been launched to provide news and expert analysis—¬updated daily—on the war crimes trial of former Liberian president Charles Ghankay Taylor. The website will feature daily updates from the courtroom, as well as analysis, background information, the trial calendar and other resources. The site is a joint project of the Open Society Institute, the Open Society Justice Initiative, and the International Senior Lawyers Project.

Insecurity, tension and attacks on aid convoys have this year added another 140 000 people to an estimated two million people displaced by civil war in Sudan's western Darfur region, the United Nations said on Wednesday. Many of the camps set up for the homeless are full, and more than half a million people are completely out of reach of aid agencies, the UN mission in Khartoum added in a report.

Ethiopia said on Thursday it had detained 50 government and company officials for graft in one of the East African nation's largest crackdowns. Ethiopia has a relatively clean image by the continent's standards, managing to avoid the sort of major public corruption scandals plaguing neighbour Kenya, for example

The United Nations has called for policies to protect African nations from unregulated imports of electronic wastes (e-waste) that release heavy metals and chemicals. This call comes after the United Nations Environment Programme (UNEP) announced that over 50 million metric tonnes of electronic e-waste are produced globally, much of which finds its way to the African continent as charitable donations.

The United Nations Industrial Development Organisation (UNIDO) and Microsoft have announced a joint initiative to help bridge the gap between corporations disposing of their used computers and small and medium enterpreneurs (SMEs) in Africa that can use these PCs to help grow their operations.

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

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.

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.

Placental and infant malaria protect HIV-infected infants against early childhood deaths, according to the findings of a longitudinal study published in the July 1st edition of The Journal of Infectious Diseases. But the study found that infant anaemia was a significant risk factor for postneonatal infant mortality (PNIM) in HIV-negative children of HIV-positive women.

FEATURE: Mammo Muchie writes on the imprisonment of the 2005 election winners, and of democracy itself, in Ethiopia
COMMENT AND ANALYSIS:
- Priscilla Nyokabi assesses the Kenyan freedom of information bill
- Ochieng Khairallah on the criminalisation of the poor in Kenya
- Everlyne Nairesiae of GROOTS reflects on the use of mobile phones for social justice
LETTERS:
- Samson Eyassu responds to Mandisi Majavu's article on the Wretched of the Earth
PAN-AFRICAN POSTCARD:
BLOGGING AFRICA: Reviews West African blogs
AFRICAN UNION MONITOR: Ethiopian forum calls for unity; the challenges facing a United States of Africa

WOMEN AND GENDER: Egyptian women strike for better pay
CONFLICT AND EMERGENCIES: Satellite cameras monitor Darfur villages
HUMAN RIGHTS: Amnesty International releases 2007 report
SOCIAL MOVEMENTS: Violence against Chad’s unions escalates
REFUGEES AND FORCED MIGRATION: 90,000 return to Mogadishu
ELECTIONS AND GOVERNANCE: Algerian reshuffle divides politicians
CORRUPTION: African appointed to head TI
DEVELOPMENT: G8: Declare vulture fund profiteering
HEALTH AND HIV/AIDS: Swazi campaign supports HIV+ truckers
EDUCATION: Concerns over Tanzania’s school dropout rate
ENVIRONMENT: Technology to save Malawi’s rainforests
LAND & LAND RIGHTS: Emirates’ royals threaten Tanzania’s indigenous people
MEDIA AND FREEDOM OF EXPRESSION: Plans for Africa media freedom debate
NEWS FROM THE DIASPORA: Europe looks to encourage Diaspora investment
ADVOCACY AND CAMPAIGNS: Cuba Cycle Challenge
INTERNET AND TECHNOLOGY: IT a catalyst for African development
PLUS: e-Newsletters and Mailings Lists; Fundraising and Useful Resources; Courses, Seminars and Workshops, Jobs, and Books and Publications

*Pambazuka News now has a Del.icio.us page, where you can view the various websites that we visit to keep our fingers on the pulse of Africa! Visit

I have read Mandisi Majavu's essay with interest . I found it different and less engaging than the articles he wrote before. What I missed from his article this time being - his own voice. In this essay he has drowned it in a cacophony of quotes from secondary sources.

I expected the title to give a panoramic view of the essay and to be followed by an introductory paragraph which leads us into the hinterland of the essay. The title is not doing its job. I do not see it demarcating the purview of the topic he means to treat. Though, it is not clear where psychology stops and other sciences begin. Especially, its critical version. This has made the essay unwieldy.

Then comes the two blocks of paragraphs entirely made of quotes. I do not know. I fear academy is cramping his style. There is a whole lot of talk on quoting, on acknowledging the originator of the idea…the sentence. Maybe that is the culprit.

His rebuttal that decolonisation should not be violent, as Fanon takes it to be, is cogent. This is the best part of the essay. Still, I see something lacking - real world examples. Why not motivate it by bringing the experience of South Africa, India and also Zimbabwe among others? Why not introduce his own voice, when there is a big room for that? We miss Mandisi there.

He went past overruling violence as a solution and tried to prove that being subjected to colonialism does not result in inferiority complex and self hatred. Then, what is the effect of colonialism on the subject people? I am not questioning whether it is a disease that can be treated by violence or not. Violence can utmost be surface therapeutic. But, what comes to explain away the evil effects of colonialism though we may not find them a common name- is typical gooblydygook. The worst part of the essay.

Here is also another point I would like to comment on in this essay: 'To write in African language, or quote only African writers, does not necessarily translate into originality.' What is at stake here is not ‘originality’, it is ‘allegiance’. Proponents of national culture do not hold that one's capacity to produce something ‘original’ will betray you the moment you strayed into a foreign culture. But mourn the loss of your brainpower spent on producing an original work that enriches foreign culture rather than yours. Why not pull Ngugi’s Decolonizing the Mind into the picture? I think it is relevant and would have helped him to ground and flesh out his argument.

Mandisi's absence is conspicuous in the conclusion than in any other part of the essay. We never get a chance to hear him even in the conclusion. Besides, why present a premise in a conclusion? Another minor contention: why a yawn-inducing borrowed from economics jargon - growth-oriented attitude about one’s ideas. This is an obvious fact that can be put in a simple language. Everybody outgrows his ideas. It is a one way street. It begins at romanticism and goes to the direction of realism. We are all in that continuum. Let me finish by giving free rein to my quibbling. Somewhere in the essay he has written the ‘arrogance of colonial power’. It is so harsh a reality to be called by a light word such as ‘arrogance’. Arrogance is the attribute some ascribe to President Thabo Mbeki. I think ‘intransigence’ may be better, though not a perfect fit.

http://www.pambazuka.org/images/broadcasts/Molefi-Ndlovu.jpgMolefi Ndlovu from the Center for Civil Society in Durban, South Africa speaks to Sokari Ekine from Pambazuka News about the radical community radio project RASA FM in Soweto. The radio station ran without a license in Soweto for six months in 2005 and was hugely popular with the local community. RASA became a victim of its own success when the power of its appeal proved too big a threat to the corporate media and it was shut down. In this podcast organiser Molefi tells RASA's amazing story and explores the nature of community media and what is possible with the medium. See for more information.
Music in this podcast is brought to you by Busi Ncube from Zimbabwe and kindly provided by Thulani Promotions.

Approximately 20 members of Women and Men of Zimbabwe Arise (WOZA/MOZA) were arrested in Bulawayo. Amongst those arrested are Jenni Williams and Magodonga Mahlangu, who handed themselves in at Bulawayo Central in solidarity with a group that had been arrested earlier.

Striking public servants will completely shut down all government services in the Western Cape by Friday 8 June, the National Education, Health and Allied Workers Union (Nehawu) said. Provincial secretary Suraya Jawoodeen said Nehawu would intensify its strike action and re-mobilise all members to ensure a complete shut-down of services by Friday.

The UN refugee agency estimates that up to 90,000 people may have returned to Mogadishu in recent weeks, or almost a quarter of those who fled fierce fighting earlier this year in the Somali capital.The figure is based on monitoring of population movements inside Somalia by UNHCR and a network of partners.

Activists have underscored the need for progress with both climate change and poverty alleviation - key items on the meeting's agenda - for there to be real improvement in Africa's living conditions.

The role of information and communication technologies (ICT) in improving education throughout Africa has been in the spotlight over recent days at the e-Learning Africa Conference. An annual event, the gathering was held in the Kenyan capital of Nairobi this year (May 28-30), bringing together participants from across the globe.

Africa's robust diaspora in Europe will soon have an investment facility to help people make direct investments to better develop their home countries thanks to a new study by the Brussels-based Africa Caribbean Pacific (ACP) Business Climate (BizClim) facility.

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.

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.

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.'

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

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.

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.

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.

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.

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.

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 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

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

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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.

Reporters Without Borders is outraged at the two-month prison sentences imposed on two "El Watan" journalists in a libel case on 27 May 2007 and said it was concerned about the verdict that is due to be issued by an Algiers criminal court on 30 May in the case of Arezki Aït-Larbi, the correspondent of several international news media.

MISA reports that on May the 23rd 2007, Caroline Somanje, a senior reporter working with Blantyre Newspapers Limited was fired from her job for writing a story that implicated a Catholic priest and a bank manager. Somanje was summoned to a disciplinary hearing after she wrote a story on the front page of one of Blantyre Newspapers publications, The Daily Times, on May 14 which implicated the two as having an affair with a married woman.

George Bush has thrown international efforts to control climate change into confusion with a proposal to create a "new global framework" to curb greenhouse gas emissions as an alternative to a planned UN process. The proposal came less than a week before a G8 summit in Germany and appeared to hit European hopes that the world's industrialised nations would commit to halving their emissions by 2050.

The Ministry of Education has accepted to admit hundreds of students with disabilities who have been pressing for university admissions. Certainly, the decision is a great step in education. It makes a lot of sense when the Education Minister, Jean d’Arc Mujawamariya, accepts that the students were excluded from mainstream education. A lot of students with disabilities were forgotten and denied their right to education for the last years.

The World Bank's International Development Association (IDA) has reduced support for poverty alleviation programmes in Uganda over concerns about the allocation of funds and financial management, the Bank said. The IDA is a section of the Bank that makes interest-free loans to the world’s poorest countries.

About a quarter of nearly 400 000 refugees who deserted Mogadishu during fighting earlier this year have returned to the Somali capital, the United Nations refugee agency said on Friday. But life in the war-scarred city was tough, with shortages of electricity and water, uncollected garbage clogging the streets and many businesses and schools shut, the agency said.

A protest by villagers at a major oil export pipeline complex in Nigeria entered a third day on Thursday and no crude was flowing through the facility, a protest leader said. Villagers from K-Dere occupied the pipeline hub at Bomu, which feeds the Bonny shipping terminal, on Tuesday and forced Shell to shut 150 000 barrels per day of output.

Umaru Yar'Adua takes office as president of Nigeria on Tuesday, inheriting a catalogue of crises compounded by doubts over his own legitimacy after a flawed election. The 56-year-old state governor was handed a landslide victory in last month's presidential poll, described as "not credible" by international observers because of widespread vote-rigging and violence.

A United Nations group has issued a series of key messages targeted at encouraging different audiences to boost access to financial services – from opening bank accounts to taking out loans to buying insurance – to the poor. These messages, aimed at governments, regulators, development partners and the private sector, were formed by the UN Advisors Group on Inclusive Financial Sectors, which was created to promote financial inclusion in poorer countries.