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Session A Decoloniality and Africas Development

Prof Sabelo Ndlovu-Gatsheni


Unmasking Developments Political Economy of Truth: Taking Stock of Fifty Years of
African Struggles for Decolonization and Development
Dr Siphamadla Zondi
Diopian solutions to Africas development conundrum: An exploration
Mr. Tendayi Sithole
Decolonising decolonisation: Chinweizus critique as decolonial turn for Africas
development
Mr. William Mpofu
Coloniality in Africa: The three legged dilemma of tyranny, puppetry and Eurocentric
knowledge

Development for Africa or Development by Africa?


Grappling with the Trials and Tribulations of African Development Initiatives
Sabelo J. Ndlovu-Gatsheni
Archie Mafeje Research Institute
College of Graduate Studies
University of South Africa
Email(s): sjndlovugatsheni@gmail.com or ndlovs2@unisa.ac.za
Abstract
Development has remained one of the major challenges facing the African continent
since the time of colonial encounters. It is a challenge which has attracted both internal
and external initiatives. The external initiatives constituted a form of development for
Africa whereas the internal initiatives constituted development by Africa. This paper
seeks to critically analyze the trials and tribulations of African development initiatives
since the time of decolonization with a specific focus on development by Africa
beginning with the Bandung Conference of 1955 right up to the New Partnership for
African Development (NEPAD). The paper posits that development for Africa was
constitutive of the imperial global designed underpinned by coloniality. The ideas of
development for Africa cascaded from the notions of a dark continent and culminated
into President Trumans 1949 inaugural speech on how the United States of America
had a historic duty to develop the underdeveloped parts of the world. This notion of
development underpinned the activities and operations of such external actors as the
World Bank, the International Monetary Fund, and various Non-Governmental
Organizations (NGOs) that approached Africa as a problem to be solved by outsiders.
This notion of development is distinguishable from those initiatives informed by the spirit
of decoloniality that informed decolonization project. Decoloniality emphasized the role
of Africans in developing their continent and its people. The Bandung initiative marked
the genesis of this form of development pushed by Africans for Africans. It included
such initiatives as the push for a New International Order (NIO), the Alternative to
Structural Adjustment Programmes, the Lagos Plan of Action, right up to the NEPAD.
The key question is why have these initiatives not delivered development to Africa?
Does it mean that African solutions to African problems are failing?

The Diopan Perspective on the Future of Africas Development


Siphamandla Zondii

Abstract
The ideas of Cheik Anta Diop in the early independence period about key
drivers of developmental integration of the African continent remain both
unexplored in the literature on integration and have not been used by
policy makers concerned with accelerating continental integration. This,
the chapter suggests, is to do with the general neglect of Afrocentric works
in African studies and African policy circles, especially those works that
sought epistemic disobedience from Eurocentrism such Diops. As the
African Union Commission begins the process of stimulate continent-wide
conversations about the next golden jubilee of independent Africa the
Africa in 2063 initiative, this chapter suggests that some of the most
profound ideas for consideration in this were made as early as fifty years
ago. This chapter is, however, not a discussion of all Diopan proposals
regarding African integration, but only the proposal regarding the structure
of the continental state and a policy recommendation on an African energy
doctrine.

Siphamandla Zondi is the director of the Institute for Global Dialogue and an honorary professor of
politics at University of South Africa. He teaches African renaissance and African Political Economy at
the Thabo Mbeki African Leadership Institute at UNISA.

Decolonising decolonisation: Chinweizus critique as de-colonial turn for


Africas development
Tendayi Sithole
Department of Political Sciences
University of South Africa
Preller Street, Muckleneuk Ridge, Pretoria
P O Box 392, UNISA 0003
South Africa
Tel-+27-12-429-6006
Fax-+12-429-2731
Email: sitholet@unisa.ac.za
Abstract
The notion of de-colonial turn will be deployed as the site of political imagination and the
rallying point of critique to argue that what is known as decolonisation is something in
need of decolonisation for there to be Africas development. It means that the
decolonisation that occurred at the departure of colonialism was the epochal break
which is emancipation and not a radical break which is liberation. Decolonisation as
emancipation is embedded in coloniality which is informed by the sustaining of colonial
legacy after the departure of colonialism. Decolonisation as liberation is the action that
aims to undo the complex colonial matrices of power which hampers Africas
development. Decolonisation is informed by political imagination and will to uncover,
uproot and remove all forces which put the African subject into subjection,
psychologically, bodily, materially and existentially. The decolonisation that Chinweizu
agitates is different from the one which is popularised by means of anniversaries,
constitutions, carnivals, flags, national anthems and Independence Day fiascos which
have nothing concrete to offer on Africas development. These are the acts of
emancipation, meaning that they are decolonisation without liberation the very
antithesis of Africas development. Therefore, the paper will deploy de-colonial turn to
unpack colonilaity, and to chart a terrain for liberation. In doing so, this paper will
thematise Chinweizus critique to colonialism as the conquest of the African body, souls

and land. It will then move to de-culturalisation as the tactic of pacification and control.
Also, it will engage the notion of mis-education which is the epistemological tactics of
distorting, trivialising and criminalising the African subject as the other the deviant
from the norm who needs to be saved from savagery by means of civilisation. The
paper will affirm a thesis that Chinweizu is a decolonial thinker and this will be pointed
out by teasing out contours of de-colonial turn in his critique.

Coloniality: An African triple legged dilemma


William Mpofu
Abstract
As the African Union (AU) arrives at the mature age of fifty, some emphatic voices from
African scholarship in chorus with influential politicians have advanced compelling
currents of argument to the summary that: Africa must abandon the profitless habit of
blaming colonialism for the poverty of her economies and the sorry condition of her
polities. Africa must at long be done with the tired argument that her political and
economic ills are resultant from her colonised past, the motion goes. However, equally
compelling evidence, if one observes recent political developments in Africa, ranging
from the failed coup in Equatorial Gunea in 2004, the French military intrusion into
disputed elections in Ivory Coast in 2010, the Western stick and carrot strategy of
political interference in Zimbabwe, where the ruling party of Robert Mugabe is bitten
with sanctions while the opposition are showered with funding, right up to the Arab
Spring of popular insurrections, one cannot but observe that colonialism or its survivor
and successor power of Coloniality is not done with Africa yet. I posit in this paper to
use anecdotal case-study evidence of European economic and political meddling in
African affairs to tease out observations that Coloniality manifests itself in Africa in a
triumvirate of the treacherous tyranny of Africas liberation rulers, the sell-out puppetry
to Europe of Africas emerging post-independent opposition parties and finally the crisis
of knowledge projecting itself in the failure of African intellectuals to generate Afrocentric
knowledge that will inspire policies that will navigate Africa from Coloniality and
Eurocentric Sensibilities. Democratisation and development, as processes of human

advancement will not be possible in Africa outside an understanding of, and navigation
away from Coloniality as a haunting global structure that is incarnated in current
understandings and narratives of Africas economic and political condition.
William Mpofu is a post-graduate student of Political Communication at the University
Of South Africa (Archie Mafeje Institute.)
0718022947

Session B Good Governance, Peace and Security and Development


Prof Charles Fombad
Rethinking anti-corruption strategies in Africa: Constitutional entrenchment as a basis
for credible and effective anti-corruption clean-ups
Paul Kwengwere
Redefining good governance for Africas development: Going beyond mediocrity
Prof Michelo Hansungule
The role of APRM in strengthening governance in Africa: Opportunities and constraints
in implementation
Dr Joy Alemazung
Constitutional Democratic Governance in Africa: Institutions Matter
Ajuku Okgechuku
Building an institutional and land development infrastructure for economic selfdetermination in Africa
Nobert Mao
Sweating in peace or bleeding in war; democratization as a durable answer to armed
insurgencies in Africa
Madeleine C. Fombad
Enhancing governance in Public Private Partnerships in Africa: Some lessons learned
from South Africa
Prof Shadrack Gutto
Making management of elections in Africa credible

SUB-THEME: GOOD GOVERNANCE


PAPER TITLE:
RETHINKING ANTI-CORRUPTION STRATEGIES IN AFRICA: CONSTITUTIONAL
ENTRENCHMENT AS A BASIS FOR CREDIBLE AND EFFECTIVE ANTI-CORRUPTION
CLEAN-UPS
CHARLES MANGA FOMBAD
LIC-EN-DRT (UN. OF YAOUNDE), LL.M, Ph.D (UN. OF LONDON)
PROFESSOR OF LAW
INSTITUTE FOR INTERNATIONAL AND COMPARATIVE LAW IN AFRICA
FACULTY OF LAW
UNIVERSITY OF PRETORIA, SOUTH AFRICA

Endemic corruption in Africa and the failure since independence to seriously control it
poses one of the greatest threats to peace and security on the continent and casts
doubts about the prospects for economic recovery and development. The fight against
corruption is not simply about occasional campaigns designed to catch a few crooks
and people who are corrupt; it is about laying down a robust and sustainable legal
framework that will improve overall governance, accountability and transparency. The
main contention in this paper is that only a constitutionally entrenched framework of
measures and institutions, protected by certain entrenched principles can provide a
solid basis on which an effective and sustainable fight against Africas troubling endemic
corruption can be brought under control. The paper will briefly consider the nature and
consequences of corruption in Africa. It will also review past anti-corruption strategies
and why they failed. It will however focus on the rationale for and scope for a
constitutionally entrenched anti-corruption framework and the relevant constitutional
principles and institutions needed to operationalize it. Such an approach is designed to
make corruption a high risk and unprofitable activity for everybody regardless of his or
her status in society.

Redefining good governance for Africas development: Going beyond


mediocrity
Paul L Kwengwere*

Over the past two decades, governance has become one of the mostly used term in the
development arena.

It is now generally believed that there cannot be proper

development without good governance.

Using governance indicators, it has been

shown that most of the countries that are the worst in governance are also performing
poorly in development. With such knowledge, one would think that the solution to
development has been solved since by concentrating on governance, it would be easy
to attain good development.

However, this hypothesis has not worked for most of

African countries making the question of what is really good governance another major
debate.
Western countries and International Financial Institutions have used different initiatives
to improve governance in Africa to help countries move out of poverty. Unfortunately,
little change has taken place in most of the countries targeted, and some of them still
appear almost at the bottom of the list. A lot of researchers, development experts,
academicians have been working tirelessly to find the solution. Numerous possibilities
come in ranging from the definition of good governance being misunderstood by the
African countries, to mere coincidence that countries that have excelled in development
in Africa like Botswana, Cape Verde, Namibia seem to also do well in good
governance. While this paper analyses some of the challenges of governance in Africa,
it concentrates on how the positive relationship between governance and development
seem to work in some countries but fail to work in others. Using that knowledge some
suggestions are made for the benefit of countries that are not performing well
economically.

The paper also provides some suggestions to the international

community, especially those dealing with Aid, how they can best utilize the situation
hence minimize the mistakes they have been going through

The role of APRM in strengthening governance in Africa: Opportunities and


constraints in implementation
Professor Michelo Hansungulei

One of the innovative instruments the African Union has developed the past decade is
the NEPAD. As the term suggests, NEPAD is a new instrument which is aimed
principally at addressing the endemic poverty haunting Africans, radically improve on
governance and fighting Africas marginalisation in international fora.

In order to carry out this tall order, NEPAD has creatively established the APRM. The
APRM is voluntary self-assessment mechanism aimed at allowing acceding states to
conduct assessment of their own records and identify challenges they may face and
indicate best practices for experience sharing with other members. However, there are
both institutional and political problems which threaten to undermine this excellent
concept. While the legal issue of status seem to have been resolved with the AUs
decision to integrate both the NEPAD and APRM into AU processes, there is a cold war
between national focal points and the APRM Panel over territorial control which has
extended to the Secretariat. Focal points are reluctant to concede to the independence
of the independence or even autonomy of the Panel apparently because they hold the
purse and therefore would like to call the tune.

The second problem is even more challenging than mere power contests. The end
product of the APRM is the Programme of Action. Having identified the challenges and
suggestions for the way forward, APRM is expected to draw the Programme of Action
but the problem is none of the APRM instruments indicate the place of this programme
in local terrain. There is no space in most countries for the incorporation of the APRM
Programme of Action over and above their political party manifestos and national
development plans which are purely local processes. Yet, without a special place for the
programme, nothing much would be expected from it.

There are many problems that haunt APRM including lack of explicit involvement of
local people in APRM. Self-Assessment processes which aim to involve most
stakeholders including non-governmental organisations are usually interfered with by
states sensitive to too much criticisms by some busy bodies so that only pliable ones
get invited. South Africa is an exception to this but even here, the ordinary woman and
man on the streets for whom APRM is meant remain largely unaware of the concept let
alone his or her role. This paper is an explicit review of APRM including its weaknesses
and strengths and how the former could be addressed in order to advance the concept
forward.

Sweating in Peace vs. Bleeding in War: Democratization as a durable answer to


armed insurgencies in Africa
By Norbert Mao
Abstract
Since the 1960s when most African countries got independence there has been a
change of how regimes have been challenged militarily. Warlords and armed insurgents
have replaced coup makers. These intractable conflicts have been motivated by
repressive regimes, marginalization of sections of the country and greed for natural
resources. No matter the interests behind the blazing guns of the insurgents the impact
has been devastating on the countries affected. Populations have been displaced,
human rights protection has been sacrificed on the altar of counterinsurgency
operations, infrastructure has been destroyed and overall economic development has
stalled.
Countries in Africa have adopted various responses to the challenges posed by armed
insurgents. These responses have ranged from denial to ethnic cleansing. In addition
others have marshaled multinational forces under the ambit of the African Union or the
United Nations.
This paper will examine the genesis, evolution and impact of armed insurgencies and
the manner in which they have been dealt with. Case studies of certain prolonged
insurgencies will be made and evidence presented as to why they have persisted
despite determined military responses by the affected countries and their external allies.
The paper will argue that while the governments cannot raise a white flag in the face of
military challenges by insurgents, purely military counter insurgency strategies are not
enough. The arena for preventing insurgencies may actually not be in the bushes where
opposing armies contend but rather in the meeting arenas where grievances are
listened to and solutions found that make armed insurgencies unnecessary. In
particular, the paper will argue that democratization processes can snuff out the fire of
armed insurgencies more effectively than any military offensive.

Enhancing Governance in Public Private Partnerships in Africa: Some Lessons


Learned from South Africa
By
Madeleine C. Fombad

This paper suggests techniques by which governance principles can be effectively


incorporated within the designated objectives of Public-Private Partnerships (PPPs) in.
Africa. PPPs are generally regarded by countries around the world as major innovative
policy tools that could remedy most of the deeply rooted socioeconomic, political, fiscal
and societal problems. To this end, since 1999 most African countries have adopted
the use of PPPs as an integral strategy in their national and international developmental
plan. South Africa is the leading sub-Saharan country in PPPs with robust legislation
and policies. The country has completed some of the most successful PPPs, among
which are the Gautrain state-of-the-art Rapid Rail link network, the Inkosi Albert Luthuli
Hospital, and the building of toll roads (e.g. the N1, N2, N3 and N4). However, with the
growth in international best practice, noticeable governance challenges have been
observed in the implementation of PPPs. In order for African governments to achieve
their developmental objectives by increasing investment in infrastructure and improving
social service delivery, increased attention on issues concerning the effective
governance of PPPs as coherent developmental tools is crucial. This paper draws from
the extent to which governance has been achieved in PPPs in South Africa and
provides some lessons learned that may serve as a platform for the possible review and
enhancing of governance in PPPs in Africa

Making Electoral Democracies Work to Build the New Africa We Want


Prof Shadrack Gutto
Abstract
In a diverse and complex world, all human endeavours require contextualising in time
and space. Elections, democracy and governance cannot be exempted. In Africa the
African Charter on Human and Peoples Rights (ACHPR) enshrines the right of every
citizen to participate freely in the government of his [and her] country (article 13). This
right is premised on other related individual and collective rights and
responsibilities/duties. The paper critically explores how these rights and
responsibilities/duties have been elaborated in other Pan-African principles, norms and
standards developed since the ACHPR entered into force in 1986 and the extent to
which, either directly or indirectly, they have been domesticated, harmonised and
practically implemented in selected African countries. The central regional legal
principles and standards framework for elections in Africa is the African Charter on
Democracy, Elections and Governance (2007) which, as the title demonstrates, places
elections as essential component of democracy and governance. The core of
domestication, harmonisation and practical implementation of these and other legal
standards are conceived as dependent on the degree to which the management of
democratic elections and inclusive participatory governance are realised in practice. In
an interconnected and globalised world, it is necessary and essential that regulatory
regimes are properly understood to involve complex mix of the national, regional and
international shared norms, standards and principles and not only the national.
Principles and concepts such as independence of electoral management bodies and
representativeness of the elected are analysed and demystified. People need to
understand the limitations of adversarial party politics and the need to work towards
ensuring that modern patriarchal democracies are transformed into true gender
balanced democracies. The content and implementation of civic and voter education,
reliability of population census and demographic dynamics as well as registration of
voters are examined. The paper raises critical questions including whether the broad
masses are truthfully informed about the significance of the vote. Do the people really
know that elections are not only about democracy but they are also the means for
acquisition and control of power of the state and government (the executive, legislature
and judiciary) as well as influence on political economy?

Session C: Law, Human Rights and Gender Justice for


Africas Development
Dr Serges Kamga
Culture based gender violence and African development: the role of traditional leaders
in its eradication
Regis Simo
New law and development in Africa: paving the way for regional integration through
harmonisation of laws

Ademola Oluborode Jegede


From Africa to the rest : climate change as a human rights challenge
Azubike Oguno & Prof Michelo Hansungule
Education under the African human rights system: A catalyst desired of Africa tomorrow
Olanike S. Odewale (Mrs.)
Inter-country adoption as a means of poverty reduction in African Commonwealth
countries
Dr Westen Shilaho
African democratic institutions

Gezani Baloyi
The role of Unisa in addressing human rights to rural communities in South Africa
Prof Mammo Muchie
The Epistemic virtue of adding the innovation and Development system approach to
redesign a self reliant and integrated African structural transformation

Culture based gender violence and African development: the role of traditional
leaders in its eradication
Dr Serges Djoyou Kamga
Gender based violence in Africa is usually culture related. In fact, in some African
countries, traditional customary law is informed by culture and traditions which usually
view violence against women as normal. This normalcy becomes part and parcel of
communities and national behavior, is accepted and crosses the boundaries of
traditional set up and finally finds a comfortable place in the national legal system in
general. From a human right perspective, this paper seeks solutions to tackle gender
based violence, starting from its traditional and customary sources. In achieving its
objective, the paper will address the following question: How to ensure gender equality
through established traditional institutions? In answering this fundamental question, the
paper explores Africans commitment to womens rights. In details, it first looks at the
legal foundation for the eradication of gender based violence. Secondly, it investigates
women rights abuses in various parts of Africa as they relate to cultural practices.
Thirdly and more importantly, the paper discusses the sacred traditional institutions
upon which women rights abuses find their legitimacy and argues that traditional
leaders have a fundamental role to play in ensuring womens dignity on the continent.
The paper demonstrates how traditional leaders can in practice become the most
important machines to change the status of women; change which may be considered a
sacrilege if coming from outside traditional institutions.

New law and development in Africa: paving the way for regional integration
through harmonisation of laws

Regis Y. Simo

Investors until quite recently tended to associate doing business in developing


countries, and sub-Saharan Africa in particular, with high risk.i Even though each
investment decision comes with an associated risk, there are always some standards of
protection that host States must usually comply with toward potential investors.i
However, when domestic law is considered too obsolete to fit into the new environment
in which it now finds itself operating, and its effects unpredictable, the secured (legal)
environment for attracting such investment is absent. This eventually calls for a
remedial action, hence a legal reform, in order to achieve this objective.
______________________________

PhD Candidate in International Law and Economics at Universit Commerciale L. Bocconi (Milan). The author
holds a LL.M (Fribourg), MSc. in Comparative Law, Economics and Finance (International University College of
Turin), MLaw (Yaound II), LL.B Hons (Buea). Early draft of this paper was presented at the 2013 IGLRC at
Kings College London. The Fondazione CARIPLO Mobility Grant to attend that conference is hereby
acknowledged.
i

Once considered a failed continent, Africa is increasingly widely recognised as the worlds fastest-growing
continent with an unprecedented flourishing economy since the independence of many of its countries. With this
new booming economy comes a renewed interest of global investors. See August, O. 2 March 2013. The worlds
fastest-growing
continent:
aspiring
Africa.
The
Economist,
available
at
<http://www.economist.com/news/leaders/21572773-pride-africas-achievements-should-be-coupled-determinationmake-even-faster>, accessed 25 March 2013.
i

These standards of protection, beyond the minimum standards provided by customary international law,
are generally written down in (bilateral) investment agreements and they govern the conditions under
which investment flows from one country to another should be regulated, with many obligations
incumbent upon the Host State. The latter often not only guarantees physical protection and security of
investments, but also ensures that the laws remain unchanged or do not otherwise adversely affect
investors rights. Plus, the Host States also provide for remedies usually in the form of compensation
upon expropriation. For an account of the principles governing international law of foreign investment,
see in particular Dolzer, R. & Schreuer, C. 2013. Principles of international investment law. 2nd edition.
Oxford: Oxford University Press.

From Africa to the rest: Climate change as a human rights challenge


By
Ademola Oluborode Jegede
Abstract
Defined as the human development challenge of the 21st century, there has emerged a
global consensus on the reality of climate change and its negative regional implications.
With an economy largely dependent on agriculture, limited adaptation capacity and
repercussions of mitigation strategies adopted by the rest of the world, populations in
Africa are, and will be affected by climate change, more than the populations in other
regions of the world. This is despite contributing least to the cause of a phenomenon
which mainly originates from the developed nations of the world. In general terms,
established areas of climate change impact for Africa, actual and projected, are
documented as water resources, food security, natural resource management and
biodiversity, human health, settlements and infrastructure, and desertification.

While the above impact scenarios are related to several aspects of human rights, it is
only recently that the link between human rights and climate change is recognised
through the reluctant adoption of Resolution 7/23 by the United Nations Human Rights
Council in 2008. A great challenge in the debate is the extraterritorial nature of the
cause and impact of climate change which as was argued makes it less amenable to
human rights application.

Yet, considering the disproportionate impact of climate

change on its populations, Africa should take the lead in the application of climate
change as a human rights challenge.

This paper argues that considering its potential to affect and be affected by human
rights, climate change is a human rights challenge. It then explores the normative and
remedial bases which support the extraterritorial obligations toward addressing climate
change as a human rights challenge by Africa.
Institutional Affiliation: Centre for Human Rights

Education under the African Human Rights System: A catalyst for the desired
Africa of tomorrow?
By
Michello Hansungule and Onuora-Oguno Azubike

The paper investigates the concept of education as a human right under the African
human rights system and whether the realization of the right to education is capable of
being a catalyst for the desired Africa in terms of development, good governance and
rule of law. While some argue that education is part of the advent of the colonial
masters we argue in this paper that Africa had its own concept of education which was
gradually leading it to its development. It is further canvassed that for good governance,
rule of law and development to be entrenched in Africa, there is need to rediscover the
African conceptualization of education elevating it to its position as a right for every
individual and not a privilege.

Keywords: education, Human rights, Good Governance and Development

Prof. Michelo Hansungule, Academic Co-ordinator, LLM ((Multidisciplinary Human Rights) and MPhil
(Multidisciplinary Human Rights) Centre for Human Rights, University of Pretoria, michelo.hansungule@up.ac.za

Onuora-Oguno Azubike holds a LLM from the University of Pretoria South Africa where he is currently an LLD
candidate under the supervision of Prof. Hansungule. Azubike.onuoraoguno@gmail.com.

Inter-country adoption as a means of poverty reduction in African Commonwealth


countries
Olanike S. Odewale (Mrs.)

Inter-country adoption is perceived as a humanitarian act that transfers a child from


extreme poverty and its vulnerabilities and limitations, to the wealth, comfort, and
opportunities of developed nations. The nature of poverty in some parts of Africa
underscores the impetus to rescue children from its harsh effects. In Africa, an
estimated 800 million to 1 billion people live below the international poverty line of $1
per day, with perhaps another 1.5 to 2 billion living on less than $2 per day. Parents
living under or near the international poverty line usually struggle to provide bare
subsistence for themselves and their children, and many children and adults suffer from
malnutrition and the lack of clean water, sanitation, electricity, medical care, housing
and education. These African children are also vulnerable to other harms such as child
labour, debt bondage, child prostitution, and child trafficking. It is noteworthy that many
African Commonwealth countries have impeded inter-country adoption based on
concerns with neo-colonialism, power imbalances, and the childs loss of her original
culture, nationality, language, and identity. This paper will consider whether intercountry adoption should be expanded in these African Commonwealth countries. This
paper explores the question of whether inter-country adoption is an effective,
appropriate, or ethical response to poverty in African Commonwealth nations and
advocates for inter-country adoption as a means to achieve poverty reduction in Africa.

Subtheme: African Democratic Institution


Westen Shilahoi
wshilaho@yahoo.com

Africa has made great strides towards consolidation of democracy since the end of the
Cold War in 1989. The era of authoritarian Big Man politics and tin pot dictatorships
seems to be over. It is now common practice for periodic elections to be held in Africa
although to varying degrees of credibility. It is anathema for one to access to power by
the barrel of the gun and end up being Africas spokesman at the international stage as
was the case previously. The African Union (AU) through its Constitutive Act outlaws
any undemocratic means of ascending to power. This is meant to secure the continents
democracy as a prerequisite to economic, social and political development. However,
political trends in some African countries indicate that old habits die hard. Coups still
occur although sporadically and when they do, AU is swift in cracking the whip. In other
African countries, democracy is simply equated to dubious elections. The Big Man
syndrome is fighting back through arbitrary amendments to constitutions to remove term
limits and intolerance against opposition organisation. The searching question to pose
is: Why the recrudescence of these old political habits?

The rule of law and

accountable and responsive leadership must be integral to governance in Africa


otherwise Africas democratisation process will stumble on challenges such as
malfeasance, poverty, socio-economic inequalities, oligarchy and impunity. These
challenges impede Africas development since they stymie a sense of nationhood as
they cause societal fragmentation owing to economic and political exclusion. Equitable
distribution of

resources, inclusive politics, constitutionalism, strengthening of

institutions, such as the judiciary and electoral bodies will ensure that democracy
continues to find traction on the continent. The caution is that Africas economic success
could be its Achilles heel unless its benefits trickle down to the populace.

SECTION D: African Political Economy , Regional Integration, Trade and Development


Dr Babatunde Fagbayibo
The integrative function of the African Union Commission: reconsidering the operational
context

Dr Samuel Oloruntoba &


Prof Vusi Gumede
Regional hegemons as catalyst for continental integration: Nigeria & South Africa
WP Nel
Can Africas human development index be engineered to a level greater than 0.8?
Prof Dejo Olowu
Post-Monterrey Consensus: Foreign Aid, Normativisation and the future of human
development in Africa

Amos Saurombe
African resources and markets: The mortar for BRICS

Mubarak Adekilekun & Dr CC Gan


Public Private Partnerships in infrastructure development in Africa: a panacea to socioeconomic growth and development

Dr Patience Kabamba
Human Economy in Africa

Victoria Qhobosheane
The Impact of EPAs on African Development

TK Pooe & Prof Vusi Gumede


Pan-Africanism & African Renaissance for the 22nd Century

The integrative function of the African Union Commission: Reconsidering the


operational context
Dr Babatunde Fagbayibo

At the locus of the matrix of continental integration lies the African Union Commission
(AUC). The reference to the Commission as the "engine room" stems from the critical
roles it is expected to play in deepening continental integration efforts. According to
Article 3(2) of the Statute of the Commission, the AUC is broadly tasked with two
essential integrative functions: initiation of policy measures and the implementation of
measures taken by other organs of the AU. While the Commission has relatively done
well in terms of initiating policies, the main problem lies in the weakness of its
implementation mechanism. This limitation stems from the context of its operational
environment. These include the lack of political will by African leaders to empower the
Commission, the lack of legal instrument(s) and policies that clearly define the modus
operandi of implementation, and limited financial and human resources to exercise
some of its critical functions. This situation thus highlights the question on how best to
ensure that the Commission can effectively carry out its integrative functions. This
article argues for a rethink of the operational context of the Commission. In this respect,
some practical measures for addressing the obstacles to the proper functioning of the
Commission are proposed. These include politico-legal measures that redefine the
visibility and the context of the relationship between the AUC and other organs of the
AU, and also with member states, especially as it relates to the inclusive nature of policy
formulation and implementation.

________________________

Dr Babatunde Fagbayibo, senior lecturer, Department of Public, Constitutional and


International Law, School of Law, University of South Africa. (fagbabo@unisa.ac.za)
(b.fagbayibo@gmail.com)

Can Africas human development index be engineered to a level greater than 0,8?
Mr WP Nel

A human development index (HDI) of 0,8 or above is considered to be an indication of


high human development. The HDI is an important metric and indicator of economic
development. Evidence points to a positive relationship between the number of
engineers per kilo-capita in a country and the HDI. Can engineers contribute towards
economic development and the African Renaissance? How? Cross-country statistics
indicate that developed countries have more engineers per kilo-capita than developing
countries. Are the relatively low numbers of engineers per kilo-capita in African
countries one of the reasons why Africa is lagging the developed world? These
questions are analysed by identifying, from the literature, a number of channels through
which engineers contribute towards economic development. The Infrastructural
capacity > Economic growth -> HDI channel is one of a number of channels
through which engineers contribute towards economic development. Another channel,
the Technological innovation -> Economic growth -> HDI channel, points to the
fact that technological innovation not only played a significant role in the engineering of
great empires of the past, but also contributes significantly to the success of modernday, developed countries. Engineers per capita data from various sources are
analysed and problems relating to the availability and reliability of data are discussed.
The channels and data provide some basis for developing and analysing policies
concerned with increasing the engineering capacity of a country and the level to which
this should be done. One of the options available to countries with a shortage of
engineers is to recruit them from elsewhere. This policy is followed by Kenya, which
considers the shortage of local engineers a risk to its long-term development and
competitiveness. The current shortage of engineers will be briefly commented on.

Post-Monterrey Consensus: Foreign Aid, Normativisation and the Future of


Human Development in Africa

Dejo Olowu
Research Professor of Law, North-West University (Mafikeng Campus),
Private Bag X2046, Mmabatho 2735, South Africa; Email: djolowu1@yahoo.co.uk
Phone: +27-83-207-5238; Fax: +27-86-660-2669
**********************************
Sub-Theme: Good Governance
ABSTRACT

This paper proceeds from the understanding that a convergence of events and
developments in the second decade of the new millennium make revisiting the
questions around aid effectiveness quite critical for understanding current human
development challenges in Africa. Against the backdrop of the manifold global crises
particularly relating to livelihood, climate change, and indeed sustenance for millions of
human beings, it becomes even more important that these questions be brought to the
fore as they reflect on Africas pronounced systemic and structural human development
problems. The timing of this paper is actually auspicious considering that 2012 marked
a decade since the Monterrey Consensus and the adoption of its resultant Declaration.
Flowing from this original multilateral endeavour at crystallising a paradigm shift among
role actors on the need for new approaches to foreign aid and development planning as
well as the concerted efforts at standardising development assistance practices over the
past decade, critical questions emerge: (i) Beyond merely pronouncing new pathways of
responses for dealing with the critical issues around aid, has the new understanding
impacted Africa in any different way? (ii) Could there be more than mere political
explanation for the intrigues and divergence surrounding the ever-evolving principles on
new aid architecture as propounded by various multilateral actors? (iii) In light of the
noticeable contradictions in the approaches of donors and recipient governments to new
aid architecture, what implications do these distinctions portend for aid effectiveness in
Africa such that will promote human development in real terms? (iv) If development aid

is particularly key for the very survival of poor people in Africa, should there not be the
identification of more radical strategic designs within and outside African Union
structures that will counter-balance the shortfalls of the dominant approach to foreign
aid and development planning? Extrapolating from the normative initiatives and
developments on the subject as well as learned experiences across world regions, this
paper attempts to respond to this plethora of questions, proffering cutting-edge
responses that could transform the landscape of aid architecture and development
agenda for Africa and Africans.

Keywords: international development; development assistance; development process;


aid effectiveness; new aid architecture; human development; Africa.

African resources and markets: the mortar for the BRICS


Amos Saurombe*
Abstract:
The BRICS formation has attracted both negative and positive attention internationally.
An analysis of this group of countries reveals that they share some fundamentals
features while having differences in others. The formation of the BRIC and the addition
of South Africa to make BRICS was motivated by global economic developments and
change in the geopolitical configurations. When South Africa joined in 2011, it became
clear that Africa will be put on the BRICS agenda. This was confirmed by the first
BRICS Summit in Africa in 2013 whose theme was BRICS and Africa: Partnership for
Development, Integration and Industrialisation. A number of African countries were
invited to participate in the Summit. This paper seeks to analyse the role of Africa in the
BRICS formation especially within the context of South Africa being referred to as the
gateway to Africa. This paper will argue that this gateway is not necessarily a new
scramble for Africa but an attempt by this group to grab a lions share of Africas
resources and markets. It is therefore justified to use the metaphor describing Africa as
the mortar for the BRICS. African resources and markets have provided some form of
workable paste that binds the BRICS together. If Africa is of such an importance, it is
therefore essential that Africas strategic development interests are put on the agenda.
The paper recommends that the role of Africa in BRICS be clearly defined within the
context of regional and continental integration as a way of fostering socio-economic
development.
*LLB,LLM,LLD - Associate Professor of law in the College of law at the University of South Africa (Unisa).

PUBLIC-PRIVATE PARTNERSHIPS IN INFRASTRUCTURE DEVELOPMENT IN


AFRICA: A PANACEA FOR SOCIO-ECONOMIC GROWTH AND DEVELOPMENT
M.T. Adekilekun*
C.C. Gan**

ABSTRACT
Infrastructure development is arguably the most important factor for economic
development of any nation. Infrastructural facilities are the wheels which drive a nations
economy. They provide the enabling environment for sustained and sustainable
economic growth and helps in eradicating poverty. Africa faces huge infrastructure
deficits and challenges. Generally speaking, the state of infrastructure development in
Africa does not meet the requirements for economic development. A World Bank report
stated that for Africa to fill the infrastructure gaps, an annual expenditure of $93 Billion
would be required within the next ten years.i It is therefore apparent that governments
alone, even at the best of times lack the capacity to provide for the infrastructure
requirements of Africa. This clearly underscores the need for the participation of the
private sector through Public Private Partnership which has been recognized as a global
panacea for infrastructure deficits particularly in developing economies. It is therefore
argued in this paper that PPP has the vast potentials to supplement Africas critical
infrastructure gaps, where about 587 million people lack access to electricity, i almost
300 million have no access to safe and clean wateri and about 93% of the population
has no access to internet facilities.i Public-Private Partnerships will ultimately boost the
socio-economic growth and development in the continent and help it to achieve the
Millennium Development Goals.
* Lecturer, Department of Business Law, Faculty of Law, University of Ilorin, Nigeria. LL.M, BL, LL.B. Currently, Ph. D candidate,
Faculty of Law, University of Malaya, 50603, Kuala Lumpur, Malaysia.
** Lecturer, Faculty of Law, University of Malaya, 50603 Kuala Lumpur, Malaysia. LLB, LLM, Ph.D. Key research area,
Administrative Law.
i
Transforming Africas Infrastructure. Retrieved from
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:22386904~pagePK:146736~piPK:146830
~theSitePK:258644,00.html
i

See http://www.worldenergyoutlook.org/resources/energydevelopment/accesstoelectricity/

http://www.unicef.org/wash/index_statistics.html

See http://www.internetworldstats.com/stats1.htm

The Impact of EPAs on African Development


VT Qhobosheane

ACP countries and African countries in particular have been negotiating a set of free
trade agreements impacting differently in their economies.
In 2000 the European Union introduced a system of Economic Partnership Agreements
as a new framework to focus official development assistance and mainly trade relations
with the African Caribbean and Pacific (ACP) countries. The EPAs will replace the
Lome Conventions which characterised trade and development cooperation between
the EU and developing countries between 1975 -2000. Under the Conotou Agreement,
which governs the EPAs, negotiated agreements with the EU will be reciprocal ending
the preferential trade agreements regimes enjoyed by ACP countries under the Lome
Conventions. The principle of reciprocity requires that ACP countries reduce tariffs to
80% of the EU imports while the EU will reciprocate through 90% reduction to the ACP
goods.
The paper assesses the extent to which the proposed framework of EPAS within the
context of reciprocity will impact on trade facilitation, economic development and growth
in developing countries in general and particularly in the Sub-Sahara region. In
particular the analysis focuses on the following areas: The performance of the ACP
countries under non- reciprocal trade arrangements, and whether these did translate
into trade gains to these countries, the effects of market liberalisation on the general
economy, industry , welfare and the revenues

of the ACP countries ,

regional integration with a focus of the Sub-Sahara countries,

impact on

the potential

opportunities available in intra- Africa regional trade and the emerging economies .

The main conclusion that can be drawn from this analysis is that the EPAs through full
reciprocity will be costly for Africa irrespective of how the issue is looked at either
though loss of the revenue or loss of industry.
However, the region has the potential to develop an industrial base with the focus on
deep regional integration with a view to enhancing intra-regional trade. The role
The role of sensitive sectors is very important for EPAs to benefit Africa in particular
the region should use product exclusions to strategically position themselves according
to their different comparative advantages in a manner that will allow for industrialisation
and encourage agricultural expansion considering that agriculture caters for the rural
population which is about 90% of the Africas population
The EU protection measures and related policies including the sanitary and
phytosanitary requirements will lead to negative trade gains for Africa. It is in the
scenario where there is full access to the EU market that even with reciprocity that
Africa can benefit from the EPAs.
.

SESSION E
Seth Opuni Asiama & Eric Yeboah
Land and economic development in Africa

Khali Mofuoa
Finding solutions to Africas pro-poor growth for development: the case of Lesotho

Prof Sam Moyo


Land & Agrarian Reform for Africas Development

Economic and institutional determinants of foreign land acquisition in Africa: An


empirical analysis
Ayodele Odusola, PhD

Over that past decade, Africa has experienced unprecedented demand for large scale
agricultural land. It accounts for more than half of the volume of land and close to twothirds of the total deals globally. Yet, there is dearth of empirical evidence on demand
for arable land in Africa. This paper provides some econometric analysis of the key
determinants of large scale land acquisition in Africa. Evidences from bivariate and
multi-variate analyses show that both economic and institutional factors play some
critical role in explaining demand for arable land in Africa. Key determinants include
dominance of yield gap, low per capita income, abundance of inland water resources,
low property rights and prevalence of corruption. To make the recent surge in land
demand beneficial in terms of agricultural transformation, improved livelihoods for the
rural people and reduce poverty, it is important to ensure both economic and
institutional determinants create positive incentives to the local economy and the poor.
This includes making fertilizer available, increasing local farmers access to agricultural
infrastructures (e.g. irrigation, tractors and storage facilities), investing in land
registration and certification and improving land governance and procedures.

LAND AND ECONOMIC DEVELOPMENT IN AFRICA


Prof. Seth Opuni Asiama
&
Dr. Eric Yeboah

Land is a factor of production and represents the spatial dimension of economic


development. Abundant supply of land which is endowed with an endless list of
minerals should positively affect economic development and people's livelihoods. This
has not been the case with Africa. Africa appears to lead in almost all the indicators of
underdevelopment despite recording some impressive economic growth over the last
decade. The paper critically synthesizes a broad spectrum of literature to examine
Africas land and economic development paradox, using three of the often neglected
parameters: urbanization, urban planning and proliferation of slums; land related
investment and livelihoods; and gender considerations and social inclusion. The paper
then offers some thoughts to improve the current state of affairs by highlighting the need
for locally inspired innovative approaches to land governance.

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