Issues impeding whistle-blowing in Kenya

Organised by Transparency International Kenya, over 70 men and women attended a half day public discussion on improving whistle-blower laws and protection mechanisms. In response to four questions, 70 people indicated they have a persistent complaint about corruption, 40 have gossiped about a colleague, 20 have reported a colleague to the relevant authority and only person has ever secured the successful prosecution of someone who has abused their office. The rapid survey reflects the extent of the problem facing Kenya. Too few of us are actively building a culture that underpins new progressive laws and policies.

In the context of gross impunity and grand corruption, whistle-blowing is the highest expression of active citizenship. It is the boldest demonstration of the spirit of Article 1 that vests all power in the sovereignty of people.

While laws and policies and mechanisms are critical and TI-Kenya have some critical recommendations in this regard, the greatest challenge lies in decisively shifting the behaviour of you and me.

The first fundamental step has to be to care enough about even the issues that indirectly affect us. Bribery, substandard public services, hate speech, domestic violence next door, abuse of public resources, exclusion of those in need. The second is to give up the language of being a tell-tale, a snitch, betrayer familiar since childhood. Are we loyal to our relatives, colleagues and ethnic group at the expense of being loyal to a core set of values and behaviour that works.

Whistle-blowing is not personal, it is not an attack on the person being reported on, it is a commitment to integrity, rule of law and a culture that works for all. We can all name ten corrupt public and state officers, but it is more difficult to name ten whistle-blowers? We have to find ways of honoring them.

Much of the thinking around whistleblowing surrounds making disclosure easier and safer. This is great. We also need to create a proactive push around that encourages (to enable courage) citizens within public service and the public. Proactive policies and mechanisms that incentivise this. How do we honour head-teachers that block school land-grabs, users that demonstrate that basic service provision sabotage is designed for private profit, NGOs that press for the PBO Act, journalists that expose high and low abuse of office, state officials that agree to be investigated by independent bodies?

We need to think more about the informal spaces. The greatest impact of corruption is felt among the poor, marginalised and the “mahustlers” who suffer continually from the lack of quality public services, protection of their property and assets and autocratic harassment. They suffer the invisible injustices.

While legal reform is a pre-condition, the promotion of whistle-blowing as a national culture is the surest way of eliminating corruption. How could we encourage our children, families, friends and colleagues to take action?

Ends.

For some excellent resources on whistle-blowing, see three policy briefs on building comprehensive laws, confidential and effective systems for whistle-blower protection www.tikenya.org

Sister Michelle, Obama just had an Af-ROmance: Reflection note on President Obama & Public Benefits Organisations leaders exchange, Sunday 26th July

obama IH

Still reflecting on aspects of Obama’s visit last week, three memories will probably linger on from a face to face encounter at the newly built regional Centre for the Young African Leaders Initiative (YALI) in Kenyatta University. Firstly, the last two years of acute tension between the Kenyan State and PBOs have been costly. Mutual trust and suspicion has probably been at their lowest since the early years of the 1990s and the re-establishment of multi-party democracy. More importantly than the historical comparison, these tensions have blocked the possibility of Kenya taking decisive steps towards a non-discriminatory, democratic and active society. Yet, they are transformable, as Obama’s personal journey from Community Organiser to the Presidency demonstrates this.

The second issue lies in a growing sense of global connectedness. Fifteen years ago, I remember being coached by an American NGO lobbyist to invoke the memory of the Twin Towers crashing to the ground on September 11 to illustrate the impact of HIV/AIDS in Africa to an American Congressman. The parochialism of the American leadership was probably at an all-time high. Watching President Obama in the last week powerfully rebuke third term hugging African leaders in their presence at the African Union Headquarters or firmly draw parallels between gay rights and civil rights in Nairobi or gingerly challenge the absence of democratic traditions in Ethiopia, I was left with a greater sense of a policy sophistication with regards to Africa.

Yet, a wider review of US policy to Africa during his tenure will probably be less impressive. Over the last six years, the US has missed opportunities to decisively side with African nations on the global issues that have mattered to them. This includes climate change, trade reform, UN Security Council reform, financing for development and tax justice. Which will be the real legacy – 30 hours of Nairobi euphoria or previous years of neglect?

Having said this, Kenyan citizens seem increasingly to be connecting and learning from the daily struggles of ordinary American people as much as from their leadership. We have common challenges. Some of these include speaking and acting for all to be equal under the law. #BlackLivesMatter but so do #SomaliLivesMatter when fighting terrorism in East Africa. We can do more against corruption and the stripping of public spaces, public and natural resources by those with power and privilege.

I hope President Obama and President Kenyatta both internalised the sheer diversity, passion and professionalism of the Public Benefit Organisations (NGOs). Less leaders of Organisations, what I felt in that room with Obama was what informed and active citizens look and sound like. There were those innovating community conservancy approaches, peace-building, governance policy reform and whistleblowing to the boy mentors and the rescuers of girls from female genital mutilation. Activism looked very diverse and resilient in that room that afternoon. Finally, it is worth noting that very few of us in that room were USAID grantees.

The third lasting appreciation for me is that Kenya is still in a transitional moment. Our practices are short of our constitutional vision on integrity, public participation, non-discrimination and devolution. While as PBOs and citizens we must guard our right and responsibility to act independently of the state, we must look for new ways of deepening these freedoms. National self-depreciation and “disruptionist” thinking may have protest value but it has little power to guide us through the transition.

I for one, have drawn several lines. The first line is against entertaining “anti-nation” thinking in future. That the corruption or the ethnic and gender based chauvinism is genetically Kenyan. That we have the leaders we deserve or we are just like the leaders we may despise. Like its twin “disruptionist” thinking, this keeps us in protest mode and unable to powerfully create and own constituencies in the public interest.

The third addresses the holy grail of NGO development. As new international leaders from the global South have argued, the NGO project model with its flawless logical frameworks and activity based budget lines has no more power to transform our reality than an umbrella in a hurricane. We have got to get more connected to citizens’ collective action around public interest issues. We have got to find ways of building a progressive nexus between business – state – citizens. Many of the democratic and development issues we are passionate about, are now constitutional promises and national values.

We can walk into the middle of the room and inclusively lead.

obama

hmm…

Is the Government going in circles over PBOs?

An abridged version of this article was published in the The Star Newspaper, 22-07-15

The establishment of a Taskforce to review the Public Benefits Organisations Act (2013) by Cabinet Secretary Anne Waiguru in November 2014 broke what was becoming a predictable tradition of “NGO legislation by ambush”. It was hoped that consensus could be built on any necessary changes. It was also hoped that the Act, already dormant for two years, would finally be commenced. Seven months from the establishment of the Taskforce, it is difficult to see whether Kenyan taxpayers have got value for money.

The Taskforce Chairperson Sophia Abdi Noor handed over the Taskforce report to the Cabinet Secretary in the presence of the full Taskforce and the Media on May 21st. The report was not shared with the other 13 Taskforce Members, the Press, the 1,943 men and women who gave their views or the public. Only after three terse PBO press conferences, social media pressure and lobbying, did NGO Coordination Bureau Director Fazul Mahamed finally release the report to the public on July 6th by twitter.

28 of the report’s 40 pages are devoted to an unbelievably large number of pie-charts and matrices of those that participated in the consultations between January and April 2015. If you have ever wondered how many different ways you could describe the participation of 1,943 men and women in ten regional meetings, this part of the report is for you. Granted that a wide range of citizens, citizens groups, public benefits organisations, foundations, public officials and development partners had an opportunity to speak before the Taskforce, but did we need ¾ of the report to cover this?

The remaining ten pages contains the substance of the issues generated by the Taskforce. This is probably the most disappointing part of the report. Under eleven headings, the report regurgitates without coherency, seemingly random thoughts and ideas many of them not deserving of legislative attention. Little attempt is made to forge a clear set of recommendations that improve on the existing Act.

The first of the recommendations is that the Act needs to concretely define what a PBO is. The Taskforce however makes no suggestion nor explains why the clear definition that is in the Act, namely “all organisations serving the public or acting in the public interest” is insufficient. Five of the ten recommendations relate to strengthening executive control, introducing new taxes and representation of the Interior Ministry within the PBO Authority, the entity to replace the NGO Coordination Bureau. Another of the recommendations bizarrely addresses the danger of NGOs promoting terrorism and “indecent acts” in a single sentence. Do we still wonder why our efforts to counter extremist violence seems to lack singular focus?

The ten recommendations fall short of what we might expect from a process that pre-occupied the attention and time of 14 otherwise busy civil servants, PBO leaders and experts and the Kshs 20 million it probably cost. More tragically, the outcome that the Cabinet Secretary probably had in mind in establishing the Taskforce was lost. The consultations offered an opportunity to end the mistrust caused by clumsy legislative attempts to restrict civil space over 2013 and 2014. The decision by NGO Coordination Bureau Director Fazul Mahamed to not release the report to the public has now punctured any progress that had been made by the Taskforce.

The three PBO bodies on Taskforce namely the National Council of NGOs, The Inter-Religious Council of Kenya and the Kenya CSO Reference Group have now disavowed sections of the report, claiming manipulation by the NGO Coordination Bureau. They have also called for the Cabinet Secretary to immediately commence the Act that was passed nearly three years ago by the 10th Assembly.

Whether you hold the view that the sector is critical for eradicating poverty, fighting corruption and advancing human rights or is so corrupt that it needs closer regulation, nothing can explain why the Ministry of Devolution and National Planning has shown little resolution in closing the thirty six month legal vacuum. The Cabinet Secretary’s argument that she requires changes seems fair until you compare the public accountability provisions in the PBO Act (2013) and NGO Coordination Act (1990). The comparison is like a Porsche racing a Vitz on Mombasa road. As someone said recently of the impasse, “If you aren’t confused, you ain’t paying close enough attention”.

Many of the structures and the functions established in the NGO Coordination Act (1990) have expired or become redundant. The terms of the Chairperson and members of the NGO Coordination Board have long expired, the Board has not met in several months. Only the Bureau still exists. The important work of registering NGOs, processing work permits and applications for tax exemption no longer passes through the Board. The Bureau, where it does take action, runs the risk of overstepping its legal mandate. Where it does, many NGOs have complained about the inordinate delays in processing applications or receiving a response from the Bureau.

More recently, some international organisations have received visits from Bureau staff to press them to establish local governance boards with at least three of the Directors being Kenyan. While this is a desirable provision in the PBO Act (2013), it is not a provision in the NGO Coordination Act (1990). It would seem that the Bureau wants to selectively use some provisions while ignoring others.

While Kenyans wait a few more months for yet another set of amendments to the PBO Act (2013), the sector continues to work in legal limbo. The one-man show of a NGOs Coordination Board will continue to operate without the guidance of its Directors long gone. Important national and county level partnerships that could be forged to eradicate poverty and build institutions of integrity both within PBOs themselves and in the State will remain adolescent. Lastly, Kenya will continue to reflect hostility to a forty year old sector to the international community ahead of its hosting of the next Global OECD High Level Forum on Aid Effectiveness in 2016.

Having said this, the 1,493 men and women who gave their recommendations can be happy to hear that the Taskforce has buried many of the destructive recommendations in previous amendments. Gone is the 15% cap on foreign funding, compulsory re-registration of faith-based organisations and foundations and restrictions on domestic philanthropy and freedom of association. Let’s hope that the process of developing an amendment bill does not allow for them to be re-introduced against the wishes of Kenyans.

Five Challenges facing the PBO sector in Kenya

By Irungu Houghton[1]

As the issue of shrinking CSO space inevitably will come up again during the US Kenya talks this week, it is worth republishing this article that I wrote a few months back that summarises the major tensions between the Kenyan state and its Public Benefits Organisations. It was published by The Star Newspaper. The original paper was written in response to Dr. Alex Awiti’s February 24th article “Has Civil Society outlived its Use”

Dr Alex Awiti makes an important call for Public Benefits Organisations to reinvent themselves. Two years ago, the passing of the Public Benefits Organisations Act of 2013 by the National Assembly and its assent by H.E. Mwai Kibaki attempted to do just that.

The Act emerged from a consensus between the state and PBO sector on the need for a strengthened and revitalized sector. It also brought NGO law in line with the new Constitution and developments within the sector. Twenty four months later, it is yet to be operationalized with the Devolution Cabinet Secretary declining to commence the Act citing the need for amendments.

This week sees a crucial moment in the future of the sector. After ten regional consultations, the PBO Taskforce is set to conclude its public consultations on amendments to the PBO Act (2013). How it packages its findings and what eventually ends up in the National Assembly will place Kenya either on the path of trust and collaboration or the path of mistrust and confrontation between National Government, PBOs and County Governments.

Over 2013-2014, the National Government made five attempts to amend the PBO Act of 2013. They included two separate sets of amendments under Miscellaneous Amendments Bills (November 2013 and June 2014) and a Memorandum containing 54 amendments (October 2014). In November, the Ministry of Devolution and Planning gazetted a PBO Taskforce under the leadership of former Member of Parliament Sophia Abdi Noor and successfully amended the PBO Act through amendments to Security Act Amendment Bill (November 2014).

The five interventions have four similarities. They were brought to Parliament without prior public notice or consultation with the majority of Public Benefits Organisations. They have sought to increase executive power over the registration, regulation and funding of the sector. All with the exception of the Ministry of Devolution/Hon Moses Kuria memorandum of October 2014 have attempted to pass substantive amendments within Miscellaneous Amendments Bills. Lastly, all have revolved around five policy questions.

Strengthening the public accountability clauses within the Act is probably the issue that PBOs and the National Government can agree on. Like the Government, inefficiency, corruption and funding diversion is a curse to the sector. The PBO Act (2013) introduced a number of important new requirements. They include prohibiting governance boards from being paid and having to sign conflict of interest registers. Publishing audited accounts and making them available for citizens to see on request is another important step towards public accountability.

The issue that has caused most domestic and international controversy has been the proposal to cap foreign funding to 15% and channel all funding through the yet to be set up Government PBO Authority. It was probably singularly responsible for the rejection of the November 2013 amendments by the National Assembly. Notwithstanding this and the consultations over 2014, this proposal re-emerged in October 2014 coupled with the proposal that those organisations that receive more than 15% could be classified as foreign PBOs. There have been many arguments against this amendment ranging from the negative impact on development, poverty eradication and foreign exchange to the destruction of a 40 year sector. It may not be necessary to rehash them here.

The third policy issue relates to the treatment of domestic philanthropy and tax incentives for companies and citizens who may wish to contribute to development. The overreliance on overseas development assistance has been an active source of concern to the PBO sector. As far back as 1992, a consortium of NGOs had begun organizing the biannual East African Fundraising Conference that worked on diversifying income for NGOs through direct mail appeals, events and corporate social responsibility giving. These efforts intensified supported by the emergence of community foundations in the 1990s and then corporate foundations in the 2000s.

Prior to the PBO Act, there had been close to a decade of efforts to reform tax and fiscal law to create incentives for collaboration between the Government, private sector and the not for profit sector. The Act sought to enshrine and expand this option. With this in mind it was dismaying to see that the October 2014 Memorandum proposing to delete the entire schedule within the PBO Act that promoted corporate and citizens social responsibility. Taken with the proposals to cut foreign funding, the impact would be to starve the sector of both domestic and foreign resources.

The fourth tension revolves around executive regulation and self-regulation. In its current form, the PBO Act embraces both approaches to accountability. It proposes a Regulatory Authority, similar to the current NGO Coordination Board and a PBO Federation to replace the NGO Council. The Authority is largely appointed by the Cabinet Secretary while the Federation is the sector association. The Federation will have representation on the Authority.

The spirit of the amendments since the Act has been to weaken the principle and mechanisms of self-regulation and strengthen executive regulation. These amendments are backed by arguments that self-regulation has failed to hold the sector accountable to the common norms and standards in the NGO Code of Conduct. The problem with this argument is that it fundamentally shifts ownership and responsibility away from the sector to the Government. Rather than creating agreement on a set of common values and normative standards, the sector would inevitably come to be governed by rules and the regulatory capacity of Government. The size and the complexity of the sector does not lend to easy regulation by an external party, even one the size of the Government of Kenya. Successive autocratic Governments under former President Moi have tried and failed.

The Act seeks to bring more than 350,000 non-profit agencies acting in the public interest and providing benefits to the public under one legal umbrella. The Act contains various incentives for agencies currently registered under Trusts Act, Companies Act and the Societies Act among others, to voluntarily migrate to the new Act.

New amendments have sought to make migration to the PBO Act compulsory arguing that only compulsory migration will ensure accountability for handling funding in the public interest. While migration to the PBO Act is desirable, making this compulsory could have an negative impact. Trusts and Foundations have pointed out to potential huge capital losses as they transfer fixed assets and real estate to new legal regimes. Secondly, the lumping together of very diverse and historically distinctly different organisational types will not necessarily generate a more unified sector.

All five of these issues have dominated the various hearings. The failure to reach consensus in the amendments and the inordinate delay in commencement of the Act has also led to a consistent call in all the recent hearings for the immediate commencement of the PBO Act cited the two year delay. The treatment of these five issues and whether the country has to wait another two years for commencement will ultimately shape the future of the PBO sector and its relationship with citizens, the national Government and the 47 County Governments among others. Of the two paths; mutual trust and cooperation or mistrust and confrontation, as a long standing servant of this sector, I pray it is the former.

1,230 words

[1] Irungu Houghton is currently the Associate Director for the Society for International Development having worked in the PBO sector for over 20 years. Email irunguh@sidint.org, Twitter @irunguhoughton

Lessons in Leadership from Africa for young African Americans in North America

act, dont interrupt

Session Purpose:

By the end of the session, we will have;

1)   Reflected on the examples of leadership provided by Professor Wangari Maathai, President Kwame Nkrumah and President Julius Nyerere

2)   Discussed the relevance of achievement (all), Resilience (Maathai), Vision (Nkrumah) and Humility (Nyerere) for the contexts in which the participants come from

Facts about Africa[1]

  • One of the oldest civilizations flourished in Egypt
  • Second fastest growing continental economy second only to Asia, faster than Europe and North Americas
  • At 30 million hectares, Africa is the world’s second largest continent, 54 countries
  • 1/ of the world live in Africa
  • 30% of the world’s mineral resources, 40% gold, 60% cobalt
  • Place of history, plenty and promise

Resilience, humility and vision

Resilience: Wangari Muta Maathai (passed on 2011)

Born on slopes of Mt kenya, first class student, flew as part of the 1960 Kennedy airlifts to study at University of Pittsburgh. Organised against air pollution in Pittsburgh. First Kenyan woman to get a PHD doctorate in Botany. She struggled for equal pay for women lecturers, to be an elected leader, to stop the ruling party from grabbing public land and planted 47 million trees through her organisation The Green Belt Movement. She was awarded a Nobel Peace Prize in 2004, first African woman in history. She was known to say all just and stable societies live on three legs like a traditional African stool; “The first leg stands for democratic space, where rights are respected, the second represents sustainable and equitable management and resources and the third stands for cultures of peace. You need all three to be of the same length”

Vision: Kwame Nkrumah (passed on 1972)

First President of Ghana and founder of the Organisation of African Unity, left to study at the University of Lincoln, Pennsylvania, cleaned toilets and other jobs in Harlem in the 1950s, was described as a student who whatever paper he was given to write he always used the opportunity to write about the freedom of the African people. Attended the 5th Pan African Congress and returned to his country Ghana to unify the four territories of the Gold Coast and learn how to govern. In 1966, he was overthrown by the Ghanaian army with the help of the CIA. He left behind industries and the Volta River Dam that today continues to provide energy for Ghana.  He was known to have said, revolutions occur when people think as people of action, and people act as people of thought.

Humility: Julius Nyerere (passed on 1999)

First President of Tanzania, teacher “Mwalimu” formed the party that was to kick the British out of Tanzania. Conceptualised African socialism or Ujamaa, called for leadership in service, equal opportunities and raising living standards over private wealth and consumption. Was the backbone of opposition to the system of apartheid, racialism that kept the majority of black Africans slaves in their own land.  Always self-critical, self-challenging, brought personal integrity to the level of service above self.  Was known to have said; “leadership has a duty not just to the present but to our ancestors and descendants”. In 2015, the Vatican is considering calls for him o be beatified as a Saint within the Catholic Order

Implications for you and I

USA in crisis and change no different than the most important times in history including the 1960s. Protests at the deaths of Michael Brown, Trayvon Martin and Eric Garner. ¼ out of school or out of work. ¾ have a different vision for their lives, want to get ahead. 6.7 million black boys and men

  1. How could sacrifice, humility and vision give you more power to be somebody in your home and community?
  2. What would you have to stop doing, start doing to be a person of action based on thought?
  3. What would the examples of these great Africans look like in your community? What would they do?

[1] http://goo.gl/GHAFby

Three years before the deadline for realising the MDGs: What needs to be done to powerfully complete this agenda and assert a new global development agenda?

Presentation to SIDA Annual Conference, Stockholm, 23 August 2013

By Irũngũ Houghton[i]

Introduction

As the cocoon regularly whispers to the caterpillar, it’s time for us to choose.[ii]

As the world and within it Africa, prepares to meet the deadline of 2015 set for the attainment of the Millennium Development Goals, reviews are conducted and new structures are announced, it is worth asserting that ultimately before us, is a set of choices we can make. The real choices live free of any circumstance or any sense of how well we have done or not. The first choice is whether we are willing to go beyond mediocrity, our own self-imposed limits and as Jay Naidoo has challenged us, “to have the courage to confront the realities of poverty and inequality with a different paradigm of thinking”.[iii] If we are to choose our future, let us make the choices boldly and responsibly.

Reflections on the “big shoes” of the Millennium Development Goals

Three years before the deadline for realising the MDGs, for those of us working in and on Africa, there are at least three considerations for designing the next set of global development goals. Firstly, the absence of clear propositions and active participation by African people and their Governments in designing the next round will perpetuate the disconnect that has hampered the content and delivery of the MDGs. The negotiations that led to the various agreements beyond the Millennium Declaration and the MDGs were largely top-down and floated from multilateral and diplomatic corridors of New York and other capitals in Europe and North America.[iv] The recent demand by the G77 in Rio for a state led process is partially fuelled by this historical appreciation. Women, youth and working people and their allies can avoid the weaknesses of the MDGs’s by demanding clear targets for gender justice, jobs and labour rights. Goals may be change-triggers, but real power lies in Africa having its own champions and popular mobilisation.

Secondly, while implementing the MDGs over the last twelve years, African Governments have also articulated a wider and deeper range of progressive human rights instruments and policy standards at the level of the African Union. Fourteen of them have been prioritised by several Governments and civil society organisations as offering an ambitious policy compact for addressing prosperity, democratic governance, environmental sustainability and social justice (see appendix 1). Combined, they ambitiously direct states to disclose information, facilitate public participation, manage public monies responsibly and set budgetary targets for agriculture (10%), health (15%) and education (5%). They enable citizens to speak freely, be heard, associate, influence policy and live lives free of discrimination on the basis of youth, gender, ethnicity or creed. The development of many of these treaties and standards have been funded and/or technically supported by bi-lateral assistance agencies or UN agencies. To date, most African Governments have made very little progress against ratification, domestication and implementation[v]. Very few citizens are aware or can connect these standards to the reality of their lives. Very few funding agencies are providing targeting financing for the implementation of these standards. How these standards will be incorporated in a post 2015 framework is unclear.

Thirdly, the success of the MDGs to date has been fuelled by steady economic growth and development stimulated in part by a mixture of high global commodity prices for Africa goods, increased domestic and foreign agricultural and social investment, active citizenship and better governance. Globally, the 2012 UNDP MDGs report points to three goals (income poverty, gender parity in primary education and water) having been attained. A further three (primary school completion, nutrition and child mortality) may be within reach. Maternal mortality lags behind. [vi] However, these aggregate numbers mask huge spatial, class, generational and gender inequalities and new challenges to democratic development.

While the continent enjoys on average 5% growth per annum and 7/10 fastest growing economies in the world are in Africa, 360 million people live in poverty and only 36 million earn more than US$10 a day. 20% of Africa’s population enjoy 6% or less of their nation’s income. 24 countries have a gini index of 40 and above.[vii] Nearly a decade after majority rule Government, black South Africa incomes are 13% of white incomes,[viii] 56% of Nairobi’s five million residents live on 1.62% of Nairobi[ix] and so on.[x] Jobless growth is a feature of most countries leaving a large number of young men and women without secure incomes. Gross inequity is a major factor in the persistence of poverty in Africa.

Growing inequality is fuelling state confrontation by social movements. Less noticed, but as important as the dramatic uprisings in Libya, Tunisia and Egypt, were student, labour and urban uprisings in 23 countries across sub-saharan Africa over 2011 and 2012. According to Freedom House and CIVICUS among others, this public frustration is linked less to the closing civic space (which is shrinking) and the quality of democracy to local realities of poverty, inequality, insecurity, and violence.[xi]

In addition, there are new drivers of poverty, marginalisation and injustice in Africa. Key among these is increased water and land competition and conflict leading to resource vulnerability. Increased foreign investment and land leasing of large tracts of rural land for food exports or bio-fuel production has raised fears of dispossession and marginalisation of rural producers. Analysts have pointed to the possible loss of US$10 billion dollars in land transactions of 39.7 million ha, more than the cultivated areas of Belgium, Denmark, France, Germany, the Netherlands and Switzerland combined. Nine of the twenty countries at risk from droughts, floods, heat-waves, rising seas and other forms of extreme weather are African. As worrying, climate change seems set to threaten agricultural productivity by 10-20% for many countries with devastating effects on food insecurity and rural livelihoods. [xii]

Africa is very changed therefore since 2000. What global context and partnerships would deliver equitable growth, build capacities for resilience and support an active citizenry and effective states?

Re-inventing development finance leading upto and post 2015

Overseas development assistance has seen a number of important changes over the last twelve years. The most notable features of this period include an absolute increase in aid flows, debt reduction and new globally agreed Paris Declaration on aid effectiveness that emphasises country ownership.

More recently, the financial crisis is impacting on levels of ODA by European Governments. In 2011, 11 European Governments cut their assistance packages with just under half of them cutting back by over 10%.[xiii] This contrasts sharply with the recent China-Africa Summit announcement to increase by two fold Chinese loans for infrastructure and public works in Africa. Over 2012-2015, China will avail US$20 billion. Coupled with US$166 billion worth of trade, China is a major trading and financing partner.[xiv] Also, present in ways that were not there in 2000, philanthropic foundations such as Bill and Melinda Gates Foundation have the capacity to invest upwards of US$2 billion per annum. [xv]

Domestically also, African Governments are reforming their domestic revenue and taxation systems to seal off illicit capital flight, curb corruption and expand the domestic resources available for public services. The recently established Thabo Mbeki led AU High Level Panel on illicit capital flight has noted that if Governments were able to stem the financial outflows from Africa they would have access to funding two times as much as ODA [xvi]

Another key difference from the 2000 period is the importance of regional integration initiatives. Both African multi-lateral institutions such as the African Union and regional economic communities and pan African and regional CSO coalitions are now active agents working at the global, continental and across several countries on common themes.[xvii] In 2012, aid agencies are supporting these institutions to coordinate regional and continental policy-formulation, peace-keeping and early political action as well as programmes that integrate communications, infrastructure and markets. These funding windows remain distinct and sometimes disconnected from the country missions.

This disconnect allows for country programming to continue without recognition of important continental policy decisions and commitments being made by African Governments. It also facilitates continental programming to not target the implementation of these decisions at national level. A new approach to linking these two windows could consider ringfencing a percentage of funding in both the global and country funds for continental policy implementation at national levels, matching funding and joint assessments of funding portfolios among other options.

As Swedish Development Assistance and other aid agencies reinvent themselves for 2015, they have to consider that the next round of development goals will be less about bi-lateral resource transfers from high income to low income countries therefore. There are implications for SIDA in at least three areas namely, how this will impact on “new value for money” approaches, increased funding for business led development and challenge of integrating democracy, human rights and rapid economic growth.[xviii]

The introduction of results based funding and the growing trend to measure success by tracking a narrow set of indicators set in domestic capitals and designed to inform tax-payers at home runs contrary to the important principles being championed by SIDA and other Governments in the Aid Effectiveness debates.[xix] There is the real danger that recipient perspectives and ownership for programmes will be drowned out leading to unsustainable and poorly owned programmes. Secondly, the approach risks oversimplification of complex realities that have as much to do with power relationships and the lack of an empowering relationship between citizens and their states as to the physical absence of quality services, functional markets and accountable political institutions.

It is unclear whether the imperative to narrow down also arises from the disproportionate cutting back of agency staff. What is clearer perhaps is that this might leave SIDA vulnerable to the consultancy industry, pressure to hide staff costs and loss of in-country institutional collaboration and learning.[xx]

Allowing for some complexity, longer programme cycles and making in-country consultative processes compulsory will do much to safeguard Swedish investment than “silver bullets” perfected far from the people who have most to gain. A back to the “project-parachutes” approach could take SIDA years back and overlook the many gains of budget support to Governments committed to fighting poverty and stimulating growth.

The expanding focus of SIDA on private-public partnerships and six fold increase in finance for business led development holds promise for introducing rights based approaches for private companies, technology transfer, jobs stimulation and improving the market chain opportunities for poor people. It is critical for development policy coherence that these initiatives do not adversely impact on labour, social and environmental standards or distort local markets. The recent audits and reviews of companies funded by Swedfund in Tanzania and Sierra Leone suggest that tougher poverty impact criteria is necessary to ensure that Swedish tax payers monies is not used in business ventures that leave communities food insecure, landless without acceptable compensation or Governments denied legitimate taxation that could be used for development.[xxi]

Lastly, the growth versus democracy debate requires balanced reflection. There are a number of voices in both Africa and Europe that are implicitly or explicitly promoting autocratic development as a means to generate the economic growth that Africa needs.[xxii] These voices ignore a few important facts. Firstly, the type of growth Africa is experiencing for many countries is starting from a very low base. So while rapid, the benefits of this growth are not being felt in large parts of the economy and society. This largely explained why countries like Tunisia (2011) or Kenya (2008) could have experienced such high levels of violence and the targeting of the symbols of this growth by ordinary people. Secondly, while proponents of this “seek ye the growth first, and democracy shall follow” selectively point to the Asian tigers experiences, it is worth noting that even when the economic conditions for human development exist they can be sabotaged by harmful cultural practises. The example of child infanticide in China is a case in point.

From a slightly different angle, would we propose that the 20% of European youth now unemployed should be denied a vote, a public voice and the right to association and participation in public affairs until the Governments of Europe find them jobs? Would we consider suspending political and civil liberties if more and more Europeans and North Americans fell into deeper levels of unemployment and poverty.

The SIDA Policy for Democratic Development and Human Rights (2010-2014) offers not just Swedish aid, but the global community, an integrated model that enshrines development, non-discrimination, participation, openness and transparency and accountability. It is worth SIDA ensuring that in the debates leading upto the post 2015 development goals, the nexus between development, democracy and human rights are clearly reflected.

Re-inventing civil society organising leading upto and post 2015

The collapse of the development state in Africa under the weight of “Washington consensus” policy conditionality opened the space to NGOs and CSOs to run huge service-delivery programmes in the 1990s. With a renewed focus on providing education, health and agriculture extension services as public goods, a large number of states have taken back their constitutional and legal obligations.

In this context, the reduced role for service-delivery has to shift to a growing responsibility to organise citizens to monitor and demand effective, quality social services, administrative justice and redistributive budgets that address the poor, marginalised and excluded. New digital technology in the form of the internet and telephony provides huge opportunities for crowd-sourcing public feedback and dialogue. Whether it is the anti-globalisation movements that accompanied the birth of the MDGs, their more contemporary occupy movements or even local communities and interest groups, there will be a need for intermediary organisations to act as a bridge or support dialogue with policy-makers.

New forms of organisation are needed with less emphasis on aid bureaucracies and northern celebrities and more on building supporters in Africa and self-representation by rights-holders and action in the public interest. If we can go beyond calendars and bureaucracy to champions and public mobilisation, we can bring new energies to old challenges.[xxiii]

 As urban poverty, environmental sustainability, inequality and redistributive programming become more urgent to address, both civil society organisations, southern Governments and funding agencies will have to strengthen their own technical capacities to be able to remain relevant.

Appendix 1: Key African Human Rights Treaties, Instruments and Policy Standards

Human Rights Treaties and Instruments

  1. African Youth Charter
  2. African Charter on Human and People’s Rights in Africa
  3. African Charter on Democracy, Elections and Governance
  4. African Charter on the Rights and Welfare of the Child
  5. African Convention on the Conservation of Nature and Natural Resources
  6. African Union Convention on Preventing and Combating Corruption
  7. Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa
  8. Revised African Convention on the Conservation of Nature and Natural Resources
  9. Treaty Establishing the African Economic Community
  10. Protocol to the Treaty Establishing the African Economic Community relating to the Pan- African Parliament

Policy standards

  1. The African Health Strategy 2007-2015
  2. NEPAD Comprehensive Africa Agricultural Development Plan (CAADP)
  3. Abuja Call for Accelerated Action towards Universal Access to HIV/AIDS, Tuberculosis and Malaria Services by 2010
  4. Maputo Plan of Action for the Operationalisation of the Continental Policy Framework for Sexual and Reproductive Health and Rights 2007-2010

For more information on AU Treaties http://www.au.int/en/treaties

 

Appendix 2: CSO Case-studies

 Case-study 1: FEMNET – Caravan on Maternal Health (Kenya, Tanzania, Rwanda and Uganda)

 Key Objectives

  • Raise the level of public awareness on maternal health issues to a point where individuals, communities and organizations can fully assume responsibility in safeguarding the rights of women and children
  • Increase regional momentum with policy makers on the need to prioritize sexual and reproductive health and act to reduce maternal mortality as part of the development and human rights agenda

Key Results to date

  • The Caravan was able to inform an estimated forty-five (45) million citizens during the Caravan journey through television, radio, newspapers, the Caravan blog, Facebook, and websites about Maternal and Sexual and Reproductive Health from a rights-based perspective
  • More than 50,000 policy makers, health care workers, community leaders, women, men, boys and girls received information on maternal and SRH and/or attending the public forums
  • Over 20,000 women were given blood boosters, and over 20,000 children received de-wormers as an immediate intervention to decrease chances of maternal and child deaths
  • Approximately 50,000 men and women, health workers, policy makers, administrators, religious leaders and other stakeholders appended their signatures on the petitions urging Heads of State at the AU Summit to “ACT Now: No woman should die while giving life”.
  • Voices of East African citizens were successfully amplified at the regional and national level, evidenced by integration of CSO recommendations taken up in the decision from AU Heads of State in Kampala July 2010, and integration of Caravan outputs into Government processes such as the launch of the CARMMA campaign and parliamentary debate in Kenya.
  • Significant media coverage of the Caravan enhanced well informed media coverage of maternal and reproductive health issues throughout the AU pre-Summit and Summit in Kampala..
  • In Uganda, the maternal health issue was successfully brought into the mainstream political debate and set the stage for accountability when the new Government entered office.
  • Maternal health was positioned as an important development agenda in the electoral process in Uganda, resulting in an ongoing dialogue on this issue for the next political term, between Government, civil society, media and citizens.
  • Tanzanian MPs also took the unprecedented step of forming a sub-committee on maternal and child health, showing a high level of commitment and providing a platform for support and advocacy by civil society organisations.

 Case-study 2: State of the Union coalition – Play for the Union campaign (Cameroon, Ghana, Kenya, Mozambique, Nigeria, Rwanda, Egypt, South Africa and Senegal) Co-funded by SIDA and DFID

 Key Objectives

The State of the Union coalition seeks to catalyze active citizenship, effective national governance and the realization of the fundamental freedoms and human rights contained in various key AU policy standards and legal instruments and effective national governance. The coalition engages Citizens to track and hold Governments and the African Union on their performance against key democratic governance, economic, social rights, civil and political rights policy standards and instruments. The coalition will do this by;

  1. Informing and empowering Citizens to act to claim key rights and freedoms
  2. Influencing the African Union and African States to ratify, popularise and implement key standards
  3. Building inclusive continental and national platforms

 Key Results

Over the past two years, the programme has achieved the following;

  • Nine national compliance reports completed for Cameroon, Egypt, Ghana, Kenya, Mozambique, Nigeria, Rwanda, Senegal and South Africa.
  • Two months research, validation workshops, public handover to Ministry of Foreign Affairs and Addis based Ambassadors to the African Union. Reports generally welcomed, commitments to review status of outstanding ratifications, propositions accepted and invitations to work in new countries
  • Influential publication State of the African Union 2010 Continental report leading to unsolicited high-level policy briefings to Executive Council, Pan African Parliament and Permanent Representatives
  • Attributable policy impact on July 2010 Executive Council decision calling for “civil society to assist with the advocacy and sensitization of members states” and recognition that implementation critical to “upholding the integrity of Summit decisions” in January 2011 Assembly debate on shared values.
  • Involvement of 22 young men and women in “Play for the Union”, a campaign to raise public awareness about AU standards using football.
  • In July, the campaign secured 7,000 signatories for a petition to Heads of States in one single day during a grand unity football match in Blantyre, Malawi.
  • The bi-lingual face-book page has 24,000 friends

[i] Irũngũ Houghton is Oxfam’s Pan Africa Director based in Nairobi, Kenya. He can be reached by email: Irunguh@oxfam.org.uk and followed on twitter: @irunguhoughton I acknowledge the analysis and perspectives of several people both in Europe and Africa in the development of this paper which can be found https://irunguh.wordpress.com/author/irunguhoughton/

[iii] Jay Naidoo – Redefining Development: A new Role for foundations  http://www.alliancemagazine.org/node/4052

[iv] For an excellent overview of this period see Claire Melamed – After 2015: Contexts, politics and processes for a post 2015 global agreement on development, January 2012 http://www.odi.org.uk/resources/details.asp?id=6231&title=millennium-development-goals-mdgs-post-2015

[vii] Africa Progress Report 2012 – Jobs, Justice and Equity: Seizing opportunities in times of global change http://www.africaprogresspanel.org/en/pressroom/press-kits/annual-report-2012/

[viii] Claire Melamed – After 2015: Contexts, politics and processes for a post 2015 global agreement on development, January 2012 http://www.odi.org.uk/resources/details.asp?id=6231&title=millennium-development-goals-mdgs-post-2015

[ix] Akiba Mashinani – Mukuru kwa Njenga: The Impending Evictions, August 2012

[xi] CIVICUS Civil Society Index  https://www.civicus.org/en/news-and-resources/602-civicus-civil-society-index-key-findings-from-2008-2011

[xiv] For further elaboration of the growing aid-trade-investment relationship with China, India and other emerging economies see Tom dietz etal African Engagements: Africa negotiating an emerging multi-polar world, 2011 and Li Anshan etal “FOCAC Twelve years later” Nordic Africa Institute, 2012.

[xvii] See appendix 2 for some examples.

[xviii] Key features of Swedish aid in 2011 include the following; OD stands at 1.02% of GNI up from 2010, humanitarian assistance is rapidly increasing and currently stands at 9%, key priorities include human rights, results/value for money, financing for business set to increase from E5.5 billion to E38 billion, transparency and public disclosure through the Open Aid initiative. See Aidwatch 2012 Report http://aidwatch.concordeurope.org/static/files/assets/3f200cc4/report.pdf

[xix] It should be noted that this is not an anti-results argument. The clarification and refinement of aims and outcomes against development strategies is as old as development itself. The question is, who participates, who decides, is empowered by this process and held responsible?

[xx] This needs to be looked again while not ignoring the largesse made famous by Graham Hancock’s 1989 Lords of Poverty.

[xxi] Over the last three years, Swedish companies have found themselves embroiled in controversy as land-leasing for ethanol production has left communities landless in Sierra Leone and capital worth $65 million invested in tax havens and denying the Tanzanian Government of taxes that could have kept 175,000 children in school. See for further information http://farmlandgrab.org/post/view/18809

[xxii] The late Prime Minister Meles Zenawi saidthere is no direct relationship between economic growth and democracy, historically or theoretically…..I don’t believe in bedtime stories, contrived arguments linking economic growth with democracy” http://www.youtube.com/watch?v=ZQrx1RSBgs8. See also David Booth of the Overseas Deveopment Institute http://www.institutions-africa.org/filestream/20110406-appp-policy-brief-01-governance-for-development-in-africa-building-on-what-works-by-david-booth-april-2011

[xxiii] See Appendix 2 for examples of new forms of in-country organising by CSO consortia around Government obligations

Fourteen Pan African religious and development organisations react to UN Secretary-General Appointment of the High Level Panel on Post 2015 Development Agenda

2nd August 2012

Fourteen Pan African religious and development organisations react to UN Secretary-General Appointment of the High Level Panel on Post 2015 Development Agenda

Fourteen local, national and international organisations working across Africa on the Millennium Development Goals today welcomed the appointment of four African leaders namely Betty Maina, (Chief Executive of the Kenya Association of Manufacturers) and Graca Machel (Current Member of The Elders), Fulbert Gero Amoussouga (The head of the Economic Analysis Unit of the President of the Republic of Benin and the Current Chair of the African Union) and Ngozi Okonjo-Iweala (Hon Minister of Finance for the Republic of Nigeria) to the High Level Panel on Post-2015 Development Agenda by the UN Secretary General.

The UN High Level Panel on Post-2015 Development Agenda of 26 equal co-chairs has been established to accelerate the implementation of the existing Millennium Development Goals set to expire in 2015 and draft a new set of global development goals to replace them.

The organisations welcomed the announcements, many of them women as significant. Dinah Musindarwezo, Director of the African Women’s Development and Communications Network (FEMNET) says on behalf of the organisations, “This is an excellent first step towards placing African women and leaders at the centre of setting the Agenda for Development Post-2015.”

The civil society organisations are looking forward to working closely with the four Africans and the other 22 High Level Panellists. Mwangi Waituru, African co-chair of the Beyond2015 coalition and the Global Call to Action Against Poverty notes, “The Panel and especially the African members of the High level panel must ensure that there is an agenda that focuses on securing and managing African resources to eradicate poverty for men and women across Africa.”

The organisations would also like to encourage the High Level Panel to facilitate an open and inclusive process that ensures African citizens define and participate meaningfully in the future that they want. They argue that the new Post MDG Agenda must have human rights, equity and gender equality at its centre. Overcoming poverty and generate prosperity will never be attained unless structural causes exacerbating the growing inequalities across the continent are addressed.

The organisations also cautioned against new conversations to replace the Millennium Development Goals (MDGs) that do not address the fact that many African countries are still unlikely to meet the commitments made in 2000. Irũngũ Houghton Oxfam’s Pan Africa Director argues, “The High Level Panel needs to accelerate the implementation of the existing MDGs while setting a bold global agenda. Without political commitment in completing the MDGs, there will be no integrity in designing a new set of goals.”

Statement is signed by
ABANTU for Development
Action Aid International
African Women’s Development and Communications Network (FEMNET)
Agency for Corporation and Research in Development (ACORD)
CAFOD
Global call to Action against Poverty (GCAP) and, beyond 2015 Alliance
Justice, Development and Peace Commission, the Justice, Development and Peace Commission of the Catholic Diocese of Ijebu-Ode, Ogun State, -Nigeria
Kariobangi South Welfare & Slums Housing association (KASWESHA Housing Cooperative Society),
Nigeria Network of NGOs
Oxfam
Pan-Africa Climate Justice Alliance (PACJA)
Plan International
Solidarity for African Women’s Rights coalition

Notes to Editors:

Click to access Press%20release_post-2015panel.pdf

Click to access post_2015_un_development_framework_summary.pdf

Press Contact
Shukri Gesod
Gender Justice Lead-Pan-Africa Programme Oxfam GB
3rd Floor, The Atrium. Chaka Road, Kilimani
P.O. Box 40680, GPO (00100), Nairobi, Kenya.
Cell: +254-(0) 731178158
Email: SGesod@oxfam.org.uk
Skype: shukrigesod
Web: http://www.oxfam.org

Murmurs in the corridors of the 21st Session of the AU Executive Committee

While the coverage of the AU Summit will undoubtedly be overshadowed by the fierce election of the Chairperson and worrying conflicts in North Kivu-DRC, the Sudans, Somalia and Mali, the Executive Committee are considering a number of other issues most notably; 2013 budget, next Strategic Plan, rate of ratification and implementation of AU Treaties, the African Court of Justice and ECOSOCC among other issues.

A budget of US278,226,000 is being considered for 2013 with $122,866,000 coming from member states and the rest from international partners. Of the ten organs; the biggest recipients could be AU Commission ($90m), Pan African Parliament ($10m), The African Court on Human rights ($6m), NEPAD ($4.2m) and ECOSOCC ($1m).

The Commission have completed a review of the 2009-2012 Strategic Plan and will, with the PRC Sub-committee on Programmes and Conferences, look to involving States, AU Organs, RECs and NGOs in the development of a detailed plan and the third 2014-2017 Strategic Plan. In 2007, the AU commissioned a semi-independent Organisational Audit by a High Level Panel of the Chairperson. This HLP audited the performance of the first Strategic Plan of Alpha Konare.  CSOs made briefings to the HLP and there was an attempt to invite submissions by citizens through the website. See http://www.pambazuka.org/actionalerts/images/…/AUDIT_REPORT.doc It is not clear whether there is a plan to do this or how citizens input will be facilitated. Kenya currently chairs the Sub-Committee.

The report on the implementation of previous decisions of the Executive Council and the Assembly encourages faster reporting by Member States and rationalisation/downsizing of the content and agenda of the Summits. The Executive is likely to approve establishment of a Sub-Committee of the Executive Council on the challenges of ratification, appeal to themselves to sign, ratify and implement OAU/AU treaties and remind themselves of the target of ratifying new instruments within one year of adoption. They are likely to call on States again to enter a declaration that they will accept the competency of the Africa Court on Human and Peoples Rights and AU organs, RECs and Civil Society “to persist” in their advocacy and sensitisation efforts. The commission is requested to report on future progress through the PRC.

This is an important recognition of initiatives such as the State of the Union coalition www.sotuafrica.org/,  the Coalition on the African Court www.africancourtcoalition.org/, Solidarity for African Women’s Rights coalition www.soawr.org, Gender is my Agenda Campaign (GIMAC) www.fasngo.org/, PELUM, Centre for citizens Participation in the AU, ActionAid,  Plan International and others who have shifted their focus nationally to press Governments to ratify and implement AU Standards and Instruments.

On the African Court of Justice and Human Rights, the Committee are likely to defer the amendments in the Draft Protocol to the next Summit 2013 to allow for a study on the financial and structural implications to be conducted and for a definition of the crime of an unconstitutional change of Government.

On ECOSOCC, the Committee heard damning evidence and a complaint by the ECOSOCC President and a response by CIDO Unit surrounding information witholding, obstruction and possible misallocation of finances by CIDO that were raised by ECOSOCC. CIDO is a unit of the Commission and has acted as secretariat to ECOSOCC. They are likely to recommend an independent institutional, administrative and financial audit of ECOSOCC be tabled at the January 2013 Summit.

Friday 13th 2012, East Africa time 14.00H

Ends

None of the information contained here should be considered as official. While every attempt has been made to check facts they may be aspects that may unintentionally contain erroneous information and the reader is encouraged to verify the facts.

Press release July 11th: SOTU to name and shame Governments who fail to implement AU standards

Addis Ababa, Ethiopia July 11, 2012

“We will mobilize millions to name and shame African Governments who fail to implement AU standards, human rights instruments and shared values,” says SOTU coalition

State of the Union (SOTU), a coalition of 9 civil society organizations that advocates for the ratification, domestication and implementation of key African Union treaties and legal instruments, has called on all African states who have yet to ratify and implement three key AU instruments to do so before the next AU summit in January 2013.

SOTU has launched a campaign to get signatures across Africa to petition African Governments to deliver the commitments they have made at Africa Union. The petition, the first of the play for the Union Campaign, calls on Governments to ratify, domesticate and implement the African Charter on Democracy, Governance and Elections, the African Protocol on the Rights of Women in Africa and act on increase long-term investment in agriculture and natural resource management to support small scale food producers in line with the AU Comprehensive Agriculture Development Programme.

The petition that is being driven by ordinary women and men in all regions of the continent has in the space of one week, engaged more than 15 thousand people and will continue for the next six months, until there is a real response from the AU and its member states. These citizens have been brought together by their love for their continent and their love for football, the most unifying sport in Africa.

Patrick ‘Magic’ Mboma, Olympic Champion and Two-time African Champion is the Goodwill Ambassador for the Play for the Union campaign, and has spent the past few months coaching a team of 22 Africans from around the continent on football as well as their responsibility to contribute to a just and prosperous continent. To him, the Africa Union has very little to show for its 10 years of existence. “It is a shame that to date, 39 states have yet to ratify the African Charter on Democracy, Governance and Election despite the recent experiences of Cote D’Ivoire, Mali, Senegal and Malawi. Africa is ill-prepared to manage the over eight elections coming up in the next year.”

Less than 30 Governments have ratified just one treaty over the period that it took to build the new African Union Commission headquarters. At this current rate, universal ratification of African Union treaties would not be complete before 2053, one hundred years after the formation of the AU’s predecessor, the Organisation of African Unity.

“15,000 supporters in less than a week is a clear indication that citizens want African Governments to move faster and adopt the shared values they have publicly declared. Over the next six months, we will bring the voices of African men and women into the exclusive corridors of the AU and national Governments,” says Jamillah Mwanjisi, SOTU coalition Coordinator.

The Play for the Union campaign initiated by the SOTU, uses football as an entry point to create strong citizen’s movements that monitor the implementation of the key instruments. 22 ordinary citizens were identified through a competitive process from 21 countries across the continent to create two teams that played the Grand Unity Match on July 7th, 2012 in Blantyre Malawi. 12,000 people who attended the match, signed the petition while the players collected over 3,000 signatures from their countries just before they

The petition further calls on African leaders to also ratify domesticate and implement the Africa protocol on the rights of women and to ensure that they have actionable plans to ending hunger and famine in Africa and avoid a repeat of the more than 18 million men, women and children from the Sahel region in West Africa who are currently who are suffering because of food shortages.

The petition will be released in 2013, the year that marks the tenth anniversary of the Protocol on the Rights of Women in Africa and the fifth anniversary of the founding of the Organization of African Unity and the African Union.

ENDS….

For further information on the campaign go to

http://www.sotu-africa.net,
https://www.facebook.com/pages/Play-for-the-Union/352331818118350, https://twitter.com/#!/PlayfortheUnion

For more information or to arrange interviews or briefings in english or french, please contact:

In Addis: Elizabeth Equbay, liyequbay@gmail.com +251 911435673

In Nairobi: Alun McDonald, amcdonald@oxfam.org.uk +254 736666663

In Dakar: Charles Bambara, cbambara@oxfam.org.uk, +251 912963910 / +221 776394178

Notes to the Editors

 1. State of the Union Coalition coordinates the Play for the Union mobilization strategy. The coalition came together to monitor and advocate with Governments who have developed and adopted several instruments to accelerate the integration of African Government policies and programmes at the national level. Collectively, these new protocols, rights based policy standards and legal instruments hold African states to higher standards of performance. They range from governance, political, social and economic rights, to peace and security and development. Fourteen of them – ten legal instruments and four policy standards – if implemented, have tremendous promise for the lives of millions in Africa.

2. Patrick Mboma is Play for the Union Ambassador, team coach and football legend. Mboma is one of Cameroun’s football legends was born in Douala Cameroun in 1970. He started his career in 1990 playing for the French club PSG as a striker. He later moved to the French club La Berrichone de Chateauroux where he scored 17 goals and was crowned 3rd division French Champion in 1994.  He moved to Japan to play for the Gamba Osaka club in 1998, and then returned to Europe in 1998 where he benefited from great recognition with the renowned Italian football club Parme and its European football legends. Mboma ended his career as a footballer of the year in 2004. Patrick Mboma is now a successful sports consultant and agent for the Cameroun Federation of Football. He also is a very successful businessman and an active political spokesperson on Africa. He is the General Director for Hope Finance, an organization which injects important investments in local African businesses, support African entrepreneurs and offers overall simple solutions to improve the day to day life of Africans. His proven record of activism and valuable democratic investments towards the development of the continent’s economic sector makes him an ideal ambassador in support of the African Union’s cause on matters of continental welfare.

3. For a list of upcoming elections see http://www.eisa.org.za/WEP/calendar.htm

 4. A background to the AU Standards and instruments. Established in 2001, The African Union brings together 54 Governments under the vision of a united, peaceful and prosperous continent. The 33 articles of the Constitutive Act of the African Union outline the goals, governing principles, structure and administrative functions of the African Union. The common denomination linking and underlying all the articles is the core concept of safeguarding and improving the level of respect for the shared values, which exposes a set of reciprocal rights and duties between African governments and their people.

The problem however lies in national Government’s failure to comply with the African Union’s decisions on integration, development and people’s rights. The lack of accountability systems monitoring the compliance of each African state has lead to the slow ratification and implementation of numerous African Union instruments. In the mean time, the gap between policies and reality keeps expending. It is within this continental climate that the Play for the Union campaign emerges to offer a platform from which the influencing capacity of citizens can grow.

The ten Instruments and four policy frameworks

  • The African Youth Charter
  • African Charter on Human and People’s Rights in Africa
  • African Charter on Democracy, Elections and Governance
  • African Charter on the Rights and Welfare of the Child
  • African Convention on the Conservation of Nature and Natural Resources
  • African Union Convention on Preventing and Combating Corruption
  • Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa
  • Revised African Convention on the Conservation of Nature and Natural Resources
  • Treaty Establishing the African Economic Community
  • Protocol to the Treaty Establishing the African Economic Community relating to the Pan- African Parliament
  • The African Health Strategy 2007-2015
  • NEPAD Comprehensive Africa Agricultural Development Plan (CAADP)
  • Abuja Call for Accelerated Action towards Universal Access to HIV/AIDS, Tuberculosis and Malaria Services by 2010
  • Maputo Plan of Action for the Operationalisation of the Continental Policy Framework for Sexual and Reproductive Health and Rights 2007-2010

For more information on AU Treaties http://www.au.int/en/treaties

 What do they contain

  • Twelve years of Government meetings at a cost of US$10 million to you and me
  • A promise to Africa by our Heads of States
  • Progressive concepts of peoples participation, rights, freedoms, responsibilities, opportunities and choices for all without discrimination
  • Directives to states to disclose information,  to manage public monies responsibly, to involve citizens, to promote and protect the rights and freedoms the core of Government policy and budgets (10% for agriculture, 15% for health, reduced funding for defence)
  • Standards for key political, economic and social rights (speak, be heard, be involved, elect or be elected freely, meet, move, education, health, agriculture, maternal health, non-discrimination, peace)
  • Standards for citizens to be educate themselves, act responsibly, vote, stand, be proactive citizens, manage the environment

 Yet, the Reality in Africa is

  • More women in political and public office, children in schools, less conflict, more elections
  • 7/10 fastest growing economies in the world in Africa yet, 360 million people live  in poverty and only 36 million earn more than US$10 a day
  • Despite key social policy standards including the Dakar Framework for Action-Education For All: Meeting Our Collective Commitments (2000), the Abuja Declaration on HIV/AIDS, Tuberculosis, and Other Related Infectious Diseases (2001), the Maputo Plan of Action for Sexual and Reproductive Health and Rights 2007-2010 (2006) and the Africa Health Strategy: 2007–2015, huge inequities exist between urban and rural, rich and poor people with ten of thousands in urban areas without security, water or sanitation.
  • Two out of every five men and women die of infectious diseases, one in sixteen women die at child-birth and one in three children out of school.
  • Since 1963, only twenty-five treaties out of the forty-two treaties adopted by African Governments have come into force.
  • Mali, Rwanda, Niger, Libya, Senegal and Burkina Faso (in this order) have ratified the most instruments and the best performers (more than twenty-six ratifications)
  • Sao Tome, Somalia, Eritrea, Saharawi Republic, Central Africa and Cape Verde have ratified the least instruments and the worst performers (less than ten ratifications)
  • Although adopted by 26 Governments, the Comprehensive Africa Agricultural Development Plan (2003) is yet to seriously impact on food security in Africa. 44 countries currently import 25% of their food needs and over 300 million people are denied the right to food. The recent price food hikes in 2011 pushed 28 million people further into poverty. Further, deforestation and climate change leave us no choice to adapt

Four Questions Answered: Which are the most important AU treaties and why are they so important? What is the Play for the Union campaign and why is it so important?

By Irũngũ Houghton

Presentation to the 22 women and men Ambassadors playing for the union,

Addis Ababa, Ethiopia

http://www.sotu-africa.org

https://twitter.com/#!/PlayfortheUnion

https://www.facebook.com/pages/Play-for-the-Union/352331818118350

 

The ten Instruments and four policy frameworks

  • The African Youth Charter
  • African Charter on Human and People’s Rights in Africa
  • African Charter on Democracy, Elections and Governance
  • African Charter on the Rights and Welfare of the Child
  • African Convention on the Conservation of Nature and Natural Resources
  • African Union Convention on Preventing and Combating Corruption
  • Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa
  • Revised African Convention on the Conservation of Nature and Natural Resources
  • Treaty Establishing the African Economic Community
  • Protocol to the Treaty Establishing the African Economic Community relating to the Pan- African Parliament
  • The African Health Strategy 2007-2015
  • NEPAD Comprehensive Africa Agricultural Development Plan (CAADP)
  • Abuja Call for Accelerated Action towards Universal Access to HIV/AIDS, Tuberculosis and Malaria Services by 2010
  • Maputo Plan of Action for the Operationalisation of the Continental Policy Framework for Sexual and Reproductive Health and Rights 2007-2010

 For more information on AU Treaties http://www.au.int/en/treaties

 What do they contain

  • Twelve years of Government meetings at a cost of US$10 million to you and me
  • A promise to Africa by our Heads of States
  • Progressive concepts of peoples participation, rights, freedoms, responsibilities, opportunities and choices for all without discrimination
  • Directives to states to disclose information,  to manage public monies responsibly, to involve citizens, to promote and protect the rights and freedoms the core of Government policy and budgets (10%agric 15%health, not defence)
  • Standards for key political, economic and social rights (speak, be heard, be involved, elect or be elected freely, meet, move, ed, he, agri, maternal health, non-discrimination, peace)
  • Standards for citizens to be educate themselves, act responsibly, vote, stand, be proactive citizens, manage the environment

 Yet, the Reality in Africa is

  • More women in political and public office, children in schools, less conflict, more elections
  • 7/10 fastest growing economies in the world in Africa yet, 360 million people live  in poverty and only 36 million earn more than US$10 a day
  • Despite key social policy standards including the Dakar Framework for Action-Education For All: Meeting Our Collective Commitments (2000), the Abuja Declaration on HIV/AIDS, Tuberculosis, and Other Related Infectious Diseases (2001), the Maputo Plan of Action for Sexual and Reproductive Health and Rights 2007-2010 (2006) and the Africa Health Strategy: 2007–2015, huge inequities exist between urban and rural, rich and poor people with ten of thousands in urban areas without security, water or sanitation.
  • Two out of every five men and women die of infectious diseases, one in sixteen women die at child-birth and one in three children out of school.
  • Since 1963, only twenty-five treaties out of the forty-two treaties adopted by African Governments have come into force.
  • Mali, Rwanda, Niger, Libya, Senegal and Burkina Faso (in this order) have ratified the most instruments and the best performers (more than twenty-six ratifications)
  • Sao Tome, Somalia, Eritrea, Saharawi Republic, Central Africa and Cape Verde have ratified the least instruments and the worst performers (less than ten ratifications)
  • Of the three possible candidates for the Presidency of the African Union for 2012 namely, Benin, The Gambia and Niger, their Governments have ratified only 19, 22 and 28 Treaties respectively.
  • Less than 30 Governments have ratified just one treaty over the period that it took to build the new African Union Commission headquarters. At this current rate, universal ratification of African Union treaties would not be complete before 2053, one hundred years after the formation of the AU’s predecessor the Organisation of African Unity.
  • Although adopted by 26 Governments, the Comprehensive Africa Agricultural Development Plan (2003) is yet to seriously impact on food security in Africa. 44 countries currently import 25% of their food needs and over 300 million people are denied the right to food. The recent price food hikes in 2011 pushed 28 million people further into poverty. Further, deforestation and climate change leave us no choice to adapt

 How could we together expand the space for the transformation of our homes, markets, workplaces, schools, hospitals, courts, elections, shops?

One powerful conversation, one powerful action is what matters…

What is Play for the Union?

 Organised by the State of the Union coalition (www.sotu-africa.org), the Play for the Union campaign brings together over 20,000 people from all regions of Africa together to discuss and reflect on the type of continental integration that would make a difference for their lives and what matters to them. Utilising the opportunity of the Africa Cup of Nations, the Play for the Union campaign follows and documents the life stories of 22 men and women who love football and their continent. The 22 men and women have been selected by Patrick Mboma, Nkwankwo Kanu XXXX, world famous football personalities, from thousands of applicants across Africa. We shall follow their preparations for a unity match to be held in the margins of the AU Summit, Lilongwe, Malawi on July 11th 2012.

 The campaign is expected to raise the following issues and more;

  • The challenges of being African on a disunited continent
  • The huge gap between the context and reality of millions of peoples’ lives and the text in continental policies and treaties agreed by our Governments
  • The importance of citizen’s participation in the development of the African Union

The Play for the Union popular mobilization campaign will give an opportunity for citizens to speak and act on the ideals of the African Union ideals and the shared values of justice, prosperity and democratic governance. The State of the Union (SOTU) coalition is committed to popularisation, implementation and realisation of 14 policy standards and legal instruments in the lives of every African man, woman and child.

The SOTU coalition expects to mobilise thousands of Africans to become active citizens and pan African actors for these 14 AU standards and instruments. By getting involved with civil society organisations at the national and continental level, these citizens will press for an accelerated pace of implementation and public accountability system that will keep Governments in check regarding the promises made to their people.      

Why was the Play for the Union campaign started?

Established in 2001, The African Union brings together 54 Governments under the vision of a united, peaceful and prosperous continent. The 33 articles of the Constitutive Act of the African Union outline the goals, governing principles, structure and administrative functions of the African Union.

The common denomination linking and underlying all the articles is the core concept of safeguarding and improving the level of respect for the shared values, which exposes a set of reciprocal rights and duties between African governments and their people.  

The problem however lies in national Government’s failure to comply with the African Union’s decisions on integration, development and people’s rights. The lack of accountability systems monitoring the compliance of each African state has lead to the slow ratification and implementation of numerous African Union instruments. In the mean time, the gap between policies and reality keeps expending.

It is within this continental climate that the Play for the Union campaign emerges to offer a platform from which the influencing capacity of citizens can grow.

We are playing for the Union, will you?

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