In May 2013, the African Union launched Agenda 2063, a blueprint for an integrated, emancipated, prosperous and peaceful Africa. There was a renewed commitment to work for the full unification of Africa, with a common currency from one common bank of issue, a continental communication system, a common foreign policy and a common defence system featuring the African high command.
Five years later, Hollywood came out with a fictional story of a bountiful, independent African state called Wakanda in the film Black Panther. Wakanda was described as the most scientifically and technologically advanced civilisation in the world — not to mention the wealthiest.
It is not a coincidence that there is a straight line between the aspirations of the Global African Family, as expressed in Agenda 2063, and the depiction of a technologically advanced Africa. From the era of the writings of C. L. R James on the majesty of the Haitian Revolution to the current struggle for the dignity of black lives, the liberation and unification of Africa has always been presented as the basis for Pan-Africanism.
Examining the meaning of Pan-Africanism in the current context of massive technological change requires a new language and a new orientation – an orientation that breaks away from the stultifying concepts embraced by a class of leaders who have no loyalty to Africa and who seek to turn citizens into tribal nanobots without a spiritual core.
We are reminded that in this era of artificial intelligence (AI) the future of humanity is the struggle between humans that control machines and machines that control humans. The late Stephen Hawkins observed that artificial intelligence can be the worst event in the history of civilisation. He remarked that “unless we learn how to prepare for, and avoid, the potential risks, AI could be the worst event in the history of our civilisation. It brings dangers, like powerful autonomous weapons, or new ways for the few to oppress the many. It could bring great disruption to our economy.”
Examining the meaning of Pan-Africanism in the current context of massive technological change requires a new language and a new orientation – an orientation that breaks away from the stultifying concepts embraced by a class of leaders who have no loyalty to Africa and who seek to turn citizens into tribal nanobots without a spiritual core.
The exact meaning of life and the future of life forms are now new issues for humans in the era of synthetic life and technological singularity. In 2010, the human genome scientist J. Craig Venter reported that he had taken another step in his quest to create synthetic life, by synthesising an entire bacterial genome and using it to take over a cell. Scientists called this breakthrough a defining moment in the history of biology and biotechnology but the bioethical questions about who will have control over life brings back the debates on technological singularity when concerned citizens objected to those scientists who believed that they could play God. Pan-Africanist and those who want peace throughout the world have genuine reasons for paying attention to these scientific breakthroughs.
In this essay, I am reaching out to the youth of Africa to turn Wakanda from fiction to reality. Ta-Nehisi Coates, who wrote the book Between the World and Me for his son, has gone on to be one of the writers for the comic strip The Black Panther. In this way he was seeking to inspire his son that there was a future beyond the prison-military-financial-information complex and the hacking of the human brain by the technology corporations. This is important for all youth, but especially youth in East Africa, where the psychological warfare thrust of Empire has intensified efforts to shape the thoughts, feelings and actions of people. For example, we now know from the recent hearings in the US Congress and from the global activities of Cambridge Analytica, that there are technology firms that are programming people, literally hacking into the brains of the youth. Empire and its local allies are seeking to formalise this brain hacking in Africa into a university town in Kenya called Konza Technological City. Was it an accident that Mark Zuckerberg of Facebook visited Kenya and Nigeria?
Early phase of Pan-Africanism and opposition to being treated like robots
The first Pan-Africanists were opposed to the robotics of yesterday when the forms of enslavement on the plantations in the Americas treated Africans like “machines to make money”. The book by Edward Baptist, The Half Has Never Been Told: Slavery and the Making of American Capitalism, has documented this phase of the dehumanisation of the African person. This book elaborated on how Africans were treated like machines to enable American society to accumulate immense amounts of wealth to become the preeminent industrial power that it is today. The availability of cheap land and the shortage of labour led to a ruthless system of exploitation called the “pushing system” that enslaved people and which Baptist aptly describes as “innovation in violence”.
It was the vibrant Pan-Africanism at the grassroots that precipitated the rebellions against that form of robotisation. Bonds had been forged on the slave ships where that conception of freedom transcended the individual. It was then that the consciousness was cemented that no black person could be free until Africa was liberated. Herein lay the origins of the modern Pan-African movement. In the throes of the independence struggles, Kwame Nkrumah understood that the liberation of individual states was not enough; Africa had to be united to escape external economic domination.
Africa had been partitioned at the 1885 Berlin Conference on the grounds that Africans could not rule themselves and that they were heathens who needed to be civilised. Walter Rodney, in his book How Europe Underdeveloped Africa, argued that technological changes were turned to imperial purposes. Whether it was transportation technology, communications technology, military technology or the latest digital advances, human inventions changed the world and transformed life on Earth while at the same time transforming the power relations between societies. From partitioning, colonial plunder, apartheid and occupation, there were many borders instituted in Africa, including racial, ethnic, religious, territorial and sexual borders.
This partitioning and domination was executed through superior military technology (especially the Maxim gun) and by creating divisions. The small intelligentsia in the Global African Family were the main spokespersons for the ideas of African dignity and self-determination. At the popular level, the opposition to domination took cultural and religious forms, such as the rise of the Rastafari and Kimbango movements, Mourides and other social movements, such as the Garvey movement. African Scholars such as W.E. B DuBois convened international meetings that were called Pan-African Congresses that sought to bring together those with the agenda to liberate Africa from colonialism and to end lynching and segregation in the United States. There were five congresses between 1900 and 1945. The 1945 meeting brought together leaders such as Kwame Nkrumah, Amy Jacques Garvey, George Padmore, W.E.B. Dubois, Jomo Kenyatta and Ras Makonnen.
Walter Rodney, in his seminal book How Europe Underdeveloped Africa, argued that technological changes were turned to imperial purposes. Whether it was transportation technology, communications technology, military technology or the latest digital advances, human inventions changed the world and transformed life on Earth while at the same time transforming the power relations between societies.
Pan-Africanism from below was manifest in the consciousness of the ordinary Africans on both sides of the Atlantic. This brand of Pan-Africanism inspired the largest mass movement of the century on both sides of the Atlantic in the form of the Universal Negro Improvement Association (UNIA). Garveyism took root in the United States where the ideas of African vindication and redemption found a fertile base in a society that was struggling against the Ku Klux Klan and those extremist groups that made lynching a Saturday night outing. The UNIA had branches in all parts of the world, with its newspaper, the Negro World, acting as the voice of the Pan-African movement in the period of the Harlem Renaissance. The ambitious projects for the liberation of Africa excited ordinary workers and sufferers and branches of the UNIA were to be found in the USA, the Caribbean, South America, Europe and Africa. At its height, the UNIA had more than two million members. Kwame Nkrumah of Ghana was among the most prominent Pan-African activist thinkers and leaders who called on Africans to unite so that they could be free.
In the current period when white racism is growing in Europe and North America, especially with the election of Donald Trump in the USA and the emergence of racist and neo-Nazi groups all across Europe, it is worth remembering that the present currency wars, trade wars and actual interventions of the last Depression had also paved the way for the global imperialist 1939-1945 war. The rise of fascism internationally, (in particular, the coming to power of General Franco, Benito Mussolini, Antonio Salazar and Adolph Hitler) and the idea of white superiority posed a major challenge for all of humanity.
The Italian invasion of Abyssinia in 1935 was another moment when the Pan-African consciousness of Africans rose to become a force in international politics. The failure of the League of Nations to respond to the military atrocities of the Italians had led Africans to warn of the dangers of fascism and world war. In this sense, the global Pan-African movement was a major inspiration for those fighting against fascism in Spain, Portugal, Germany and Italy.
The idea of Ethiopianism, a variant of Pan-Africanism, had been widely held among Christianised Africans during the 19th century. Taking the biblical references to Ethiopia to be the basis for the rallying point around the independence of Africa, Ethiopianism represented a manifestation of spiritual and cultural autonomy for Pan-Africanists. In this period of fascism and war, Pan-African scholars, such as W.E B DuBois, George Padmore, C.L. R. James and Aime Cesaire, articulated the ideas of liberation and redemption. In the French-speaking territories, the idea of Negritude was another variant of Pan-Africanism.
The goals of liberation and emancipation at that moment were associated with the capture of state power and ending colonial rule. However, at the end of apartheid, the question of emancipation was understood to mean much more that seeking the “political kingdom”. African women from the grassroots are acting as a force to assert the humanity of African peoples and to redefine the culture of emancipation and liberation. It is, therefore, not by accident that transgender women are at the forefront of the struggles for black lives while the more backward men seek to kidnap African women and return them to enslavement a la Boko Haram.
Women at the grassroots are calling on intellectuals to grasp the fact that the culture of capitalism is wrapped in the attendant class and gendered structures along with racial and sexual oppression. Long before the prominence of the #Me Too Movement, black women were at the forefront of the fight for the integrity of the body. They had demanded that they will No Longer Be Controlled, Manipulated, or Abused
More significantly, these women are transcending the individualistic, racial and masculinist conceptions of Pan-Africanism and African unity. It is for this reason that the Pan-African revolutionary Micere Mugo proclaimed that Pan-Africanism was about the lived experience of the grassroots. She observed that “though not cited in intellectual discourses that have so far come to be the literary cannon on Pan-Africanism, in their activism, as well as participation, women were and have always been the heart of Pan-Africanism’s essence, or if you like, substance. Ordinary people, or the masses, including the majority of African women, have been the key keepers or carriers of this essence.”
Ubuntu confronts individualism, ethnic manipulation and private accumulation
The current convergence of multiple crises (economic, religious, environmental, technological and political) coincides with an increasing politicisation of ethnicity and regionalism. Liberal philosophies of governance have created the neoliberal nightmare where oligarchs and dynasties maintain political and economic power while dividing the mass of producers into “tribal”, regional and religious groups.
The philosophical basis for Pan-African liberation challenges the “ideology of tribalism” and the the materialistic conception of life, along with the masculinisation of the political spaces. In South Africa, for instance, the process of enrichment of a few has been accompanied by the politicisation of ethnicity. Leaders who benefitted from Pan-African solidarity during the struggle against apartheid are now promoting ethnic identification while supporting xenophobia against other Africans.
Currently, the yardstick of profit has become the only viable measure of the good life, while the commitment to Pan-African solidarity and opposition to imperialism are viewed by many politicians and their publics as either a hindrance to the goals of a market-driven society or alibis for gross theft and corresponding conspicuous consumption. Leaders beg for aid while stealing billions and lodging the loot in foreign bank accounts. They starve schools and hospitals of laboratories while purchasing outdated military equipment. At the level of communications technology and computer security, they are completely reliant on the enemies of Africa.
The crude materialism of Western “modernity” emanated from an understanding of the world where “rational” man was entrusted with the divine mission to rule non-whites because of the “will of God”. War and conquest were justified in linear terms of progress, from savagery to civilisation. Material goods, industrialisation, technological innovation and factories were presented as manifestations of God’s blessings for Europe and North America. Hence the spectacle of the religious spaces becoming the meeting place for deals and political campaigns.
The definition of human was determined by the extent to which these humans believed that human worth was based on accumulation of material wealth, wealth that was the basis for “progress”. Humans who did not internalise this understanding of the accumulation of wealth (a form of accumulation that took perverse forms when it matured into the capitalist mode of production) were considered backward and primitive. On the eugenic scale of Western modernity, Africans are still considered backward and primitive.
Western European approaches to life were considered “scientific” and hence objective and neutral. Classical liberalism emerged in a period when new forms of property in Europe replaced feudal ideas of privilege. Enlightenment thinking about property rights, the oppression of women, domination over nature, domination over non-whites and the universal right to domination became the legitimating idea for modes of economic organisation that engendered a tremendous boost in the production of goods. This unprecedented production of goods was worshipped to the point where commodity fetishism was like a new religion. It was in the spirit of this religion that religious institutions participated in the slave trade and the accumulation of vast amounts of wealth and military power. Today, commodity fetishism is exhibited by so-called “prosperity churches” whose evangelical mission is to make people believe that becoming rich is the Christian thing to do, and that material things are a blessing from Jesus. This religion also guides the new digital companies that are involved in psychological warfare against humans.
This unprecedented production of goods was worshipped to the point where commodity fetishism was like a new religion. It was in the spirit of this religion that religious institutions participated in the slave trade and the accumulation of vast amounts of wealth and military power. Today, commodity fetishism is exhibited by so-called “prosperity churches” whose evangelical mission is to make people believe that becoming rich is the Christian thing to do, and that material things are a blessing from Jesus.
Spirituality and commodities were conflated to lay the basis for a robotic society where cloning and bioengineered creatures (cyborgs) are the promise of the future. This is the future of the bioeconomy where synthetic life will be engineered in laboratories and scientists assign themselves the right to patent life forms. AI is now being refined in Silicon Valley to ensure the dominance of white supremacists in the international political system
According to a study by the United Nations Conference on Trade and Development (UNCTAD) more than a decade ago, in the bioeconomy industrial production moves from the use of fossil and mineral resources (coal, petroleum and natural gas) toward living biological raw materials, primarily biomass plant matter, such as woodchips, agricultural plants and algae. The bioeconomy is associated with wider application of modern biotechnologies in areas such as agriculture, medicine and industry. It was the late Calestous Juma who argued that African progressive scientists hold the key to ensuring that Africa leapfrogs the old forms of industrialisation in this the era of the digital revolution. Juma had noted that it is not necessary to build new paths of industrialisation in the bioeconomy based on past production of primary products; as the bioeconomy matures, the convergence of nanotechnology, information technology, biotechnology, robotics and cognitive sciences will provide a new basis for the post –industrial society.
African languages hold some of the key signposts of the refinement of cognitive technologies that are part of the assemblage of converting technologies (nanotechnology, information technology, biotechnology and robotics). For a short moment, the National Science Foundation of the USA and its scientists in California had mooted a project called the Human Cognome project to harness the understanding of cognitive psychology. According to the scientists who were promoting this enterprise, the Human Cognome Project had planned to span various scientific fields, including neuroscience, cognitive science, artificial intelligence and psychology. Africa as the fountain of homo sapiens was a key area of interest as were the early African languages.
In conjunction with this project was the Human Genographic project. Sponsored by the IBM Corporation and the National Geographic Society, its stated objective was to analyse more than 100,000 DNA samples collected from indigenous peoples. Given that the African peoples of East Africa count as the most original peoples of the human species, the peoples of East Africa were of particular interest for this Human Genographic project. Bioanthropologists were deployed to tap into the African knowledge of the oldest peoples of the planet who are still alive in East Africa.
There is now an effort to reverse-engineer the human brain by studying both its structure and function in order to fully understand mental processes, also known as cognition. The Human Genographic project has many parallels to the Human Genome Project. A better understanding of the cognome can illuminate how the brain perceives and responds to the environment, thereby augmenting artificial intelligence technology. It also has many important implications for the study of disease progression by observing changes in cognition to localised damage. A map of the cognome promises to increase mechanistic understandings of the brain. To further this research, bioanthropologists have tapped into the cell lines of the Hadza, the Iraqw, the Maasai, the Samburu, Sandawe, Shilook, Nuer, Turkana Dinka and San Peoples. These peoples are being studied to learn how to maximise AI capabilities to programme robots.
Pan-African unity and the quantum leap
The integration between the cognitive skills of Africans and the new thrust for a different kind of economic organisation will form the foundation for the qualitative leap in the new mode of economic organisation that will envelop Africa in the short and medium terms.
The world has changed dramatically during the past fifty years of the Pan-African project, presenting more complex possibilities for social and economic transformation. Wakanda gave one indication of what is possible when African knowledge systems, along with the principles of social collectivism, are unleashed for the good of society. One could see that the Wakanda people’s understanding of their links to their ancestors and to their totems prevented the complete robotisation of their society.
One can also see this in the movie trilogy The Matrix, where African oracles were able to separate real humans from cyborgs. It was less than twenty years ago when these science fiction images from Hollywood promised a future where information technologies would reign supreme and shape the lives and affairs of societies, including the lives and the very existence of individuals. Neoliberal futurists, such as Ray Kurzweil, who wrote the book The Singularity is Near, saw this as the era when humans would transcend biology. Kurzweil actual gave the date of 2045 when this new era of singularity would begin.
Wakanda gave one indication of what is possible when African knowledge systems, along with the principles of social collectivism, are unleashed for the good of society. One could see that the Wakanda people’s understanding of their links to their ancestors and to their totems prevented the complete robotisation of their society.
Bill Joy, in his now famous article in Wired magazine, “Why the Future Doesn’t Need Us”, warned of the dangers of the converging technologies. He argued that the new computer technologies provide a much greater danger to humanity than any technology before has ever presented. Stephen Hawkins sounded the same warning when he noted that the era of artificial intelligence could be “the worst event in the history of civilisation.”
The African spirit, cognitive skills and ideation system provide a powerful antidote to the projections of the era of singularity. Organised within a transformed educational system where fractal mathematics are taught with fractal optimism, the transformation of Africa would break the distinction between the fiction and reality of Wakanda.
Students in the struggle for the decolonisation of knowledge are at the forefront of the Pan- African project to use African languages in higher education. The Kenyan writers Micere Mugo and Ngugi wa Thiong’o have been at the forefront of the promotion of the decolonisation of the medium of education. Ngugi has been resolute in his assertion that the decolonisation of the mind is the contemporary form of Pan-Africanism and the future relies on Africans empowering themselves with African culture, language and knowledge. This author has not only endorsed the importance of African languages, but also the tremendous possibilities that await technological change when African institutions of higher learning embrace fractal geometry and seek to link this knowledge of African fractals to the curriculum.
Few political pundits took seriously the comment made by Mark Zuckerberg of Facebook in 2016 that “Africa will build the future”. The efforts of Zuckerberg and Facebook to launch a special satellite for Third World countries designed to bring web connectivity to areas of the world with limited Internet access may seem altruistic, but forward planners in Silicon Valley already understand the dynamic socio-economic changes that will occur when African innovators move to new ventures beyond mobile money. Chris Msando, the computer expert and electoral official who was murdered prior to the Kenya’s elections last year, pointed to a future where computer savvy Africans would work to ensure real democratic processes. The same infrastructure of Cambridge Analytica that is now known for brain hacking collaborated in Africa with the same forces that eliminated Msando.
In this changing socio-economic environment of the digital present, where information is controlled to shape perceptions, the African people at home and abroad are faced with new powerful economic forces that are reshaping the global landscape, reconfiguring existing organisations/ institutions and creating new ones. In the midst of this change, the institutions of the US military and finance, along with the other NATO powers, promote worn-out ideas that label African people and societies as failing and failed societies. The US President exceeded this academic discourse by labelling African states as “shithole” countries at a time when the US Africa Command was extending its operations in Africa in the so-called War on Terror. In order not to be displaced by the USA, the government of France has intensified its activities in Africa, especially now that the Sahel has been involved in a duplicitous war against terrorists even while manipulating groups such as the Tuaregs after the NATO invasion and destruction of Libya.
It is in countries such as Niger and Mali where there is the explicit elaboration of US and French military operations to counter what is deemed to be Chinese influence in Africa. The removal of Mamadou Tandja from the presidency of Niger in 2010 was directly linked to his overtures to China. The emergence of the Brazil, Russia, India, China and South Africa (BRICS) formation has intensified the mischief of France and the European Union, complicating the old rivalries between North America and Europe in Africa. As recent as 2013, the Senate of France outlined a 500-page document to spell out France’s military strategy in the area that was determined to be “Europe’s neighbourhood”, which includes the zone “from the Sahel to Mauritania to the Horn of Africa and other regions in Africa”.
President Sarkozy had been most explicit in the need to topple the Libyan leader Muammar Gaddafi in order to promote the military influence of France in Africa. The destruction of Libya and the psychological warfare against Africans in the form of the war against terror are new aspects of the military management of the international system. It was not by accident that NATO intervened in Libya because that country had committed itself to anchoring an African currency. But as the mythical Wakanda state alerted many, there are umbilical cords that link the youth in Africa to the youth in Brazil, the USA and Europe.
President Sarkozy had been most explicit in the need to topple the Libyan leader Muammar Gaddafi in order to promote the military influence of France in Africa. The destruction of Libya and the psychological warfare against Africans in the form of the war against terror are new aspects of the military management of the international system. It was not by accident that NATO intervened in Libya because that country had committed itself to anchoring an African currency.
African unification, peace and investments in humans
What has been downplayed in the forecasts and projections about international realignments has been the role of militarism and warfare in the re-division of the world. Wars and rumours of war in the Persian Gulf and in the Korean peninsula now dominate the international news. War speeds up the processes of transformation and regression.
In the past, such re-divisions have been violent. From 1885 to the present the militarisation of society, there has been a negative integration of Africa into the international system. The promise of the era of using artificial intelligence for mass surveillance and US drone warfare has now become a reality. Africans will have to be vigilant to ensure that the present warfare in Yemen and Syria, along with the tussles between Saudi Arabia and Iran, does not engulf Africa and Africans.
Forward planning by Western military strategists for a confrontation with China in Africa brings to the fore the preoccupation with peace and reconstruction as one of the central pillars of African unification. For this reason, the African Union has called for the silencing of guns by 2020. It should also have added the demilitarisation of digital technologies.
It was fifty years ago when the late Dr. Martin Luther King Jr. admonished peace activists to rise above robotisation. In the speech “Beyond Vietnam” he said, “I’m convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, militarism and economic exploitation are incapable of being conquered… A nation that continues year after year to spend more money on military defence than on programs of social uplift is approaching spiritual death.”
Ubuntu reparative justice and the escape from spiritual death
Currently the African people are caught in a revolutionary moment, a moment when political institutions and the law are all caught in the tumult. Kenya, Ethiopia and Egypt are examples of societies that exhibit manifestations of this tumult, witnessed by massive social resistance from below, seismic shifts in economic relations, political alliances and military relations and transitional power swings.
Old formulas for political legitimation no longer suborn the mass of sufferers. Instead the people are seeking to unearth a radical Pan-African vision of the future, and that is a vision of a shared humanity where all the citizens of the planet are able to live in peace. This vision is grounded in the moral ethic of sharing and social collectivism that is enshrined in the philosophy of Ubuntu.
This philosophy is one of the antidotes to spiritual death. It is the revolutionary philosophy that celebrates reparations, forgiveness, love and reconciliation. The Caribbean Pan-Africanists are reminding the youth in Africa that there can be no struggle for Pan-African freedom without reparative justice.
Currently, the policy makers at the African Union are designating those in the Global African Family (called diaspora) outside of the continent as constituting a sixth region. However, they envisage collaboration in the form of capturing billions of dollars in remittances. Yet African leaders are silent when African-American youth, such as Trayvon Martin, are shot to death, but these leaders will travel to Paris to march with French leaders when a few French citizens die in extremist attacks.
The Caribbean Reparations Commission, as a frontline Pan-African formation, is calling on African youth to understand the demands of reparations so that there is an end to the constant babble on sustainable development goals (SDGs). Imperial institutions fear the Agenda 2063, so every week there are meetings so that African policy makers are focused on 2030 instead of working to realise the long-term goals of Pan-African collaboration.
As far back as the period of the struggles for independence, the peoples of Africa called on Africa to speak with one voice. In the book Africa Must Unite, Nkrumah wrote: “A United States of Africa must strengthen our influence on the international scene, as all Africa will speak with one voice…We must stand firmly together against the imperialist forces…We need the strength of our combined numbers and resources to protect ourselves from the very positive dangers of returning colonialism in disguised forms.” Nkrumah saw that even in the moment of independence, freedom could not be guaranteed unless the African people were united.
As they remind themselves about the struggles against robotisation in the 21st century, Pan- Africanists are also conscious of the reality that the goal of decolonisation is not complete. There are still the outstanding issues of Western Sahara, Diego Garcia, sections of the Comoros, the islands of Puerto Rico, Martinique, Guadeloupe as well as the other colonial outposts in the Caribbean. The discussions on Pan-Africanism and liberation are seeking to bring back that energy and spirit in a moment of crisis so that the technological revolution and the solar revolution can be harnessed for the well-being of the majority and a changed world economy instead of for the profitability of companies such as Space X, Facebook, Google and Amazon.
The revitalisation of Africans at home and abroad
The revitalisation of Pan-African confidence has been underlined by four interconnected processes:
- The military defeat of the apartheid army at Cuito Cuanavale in 1988
- The release of Nelson Mandela, unbanning of the liberation movements and the independence of Namibia.
- The holding of the World Conference against Racism in Durban in 2001 and the declaration that slavery constituted a crime against humanity.
- The formation of the African Union and the elaboration of the plans for Agenda 2063.
The major limitation of this revitalisation process is the fact that those intellectuals schooled in Eurocentric ideas are still at the helm of political power. Youth rose up in Egypt and Tunisia to make a break with their repressive leaders, but imperialism supported the militarists while those who constituted the majority at the African Union refused to pay their dues and proposed Western neoliberal views of development in the so called New Partnership for Africa’s Development (NEPAD).
Global warming, the drying up of Lake Chad, Ebola and Western cyber control over Africa dictate that our youth must think beyond petty differences based on nationality, ethnicity, religion, race or sexual orientation. Aspiring politicians exploit the insecurities generated by structural adjustment to create the scare of millions of illegal immigrants moving across borders. Even while making declarations at the African Union and energetically supporting NEPAD, politicians in many parts of Africa (especially South Africa) whip up xenophobia and hinder the free movement of persons by creating restrictive immigration policies and immigration procedures that violate the basic human rights of those Africans who believe that Africa is for the Africans. Thus, even at the moment when the Continental Free Trade Area treaty was signed in March 2018 to create the world’s largest single market, the leadership continue to ship their money to foreign bank accounts and hinder the creation of a common currency in Africa. This is why the talk about Pan-African economic relations lags behind the reality that forty years ago there was a common currency in East Africa.
We need to clarify the differences between the project of unity as inscribed within the present political leadership and the thoroughgoing push for freedom from those who crave a new vision of citizenship. We will agree with Nkrumah that Africa needs a new kind of citizen. Our task is to draw from the positive memories while outlining the challenges in the present period.
This author has identified key areas of transformation with a focus on the democratisation of access to water resources and the re-engineering of the African landscape to unify the African people. It is a transformation where the working people “who have eyes and ears” will choose to look back in order to look forward. Looking back draws on the memories of transformative moments of African liberation and draws inspiration from these moments. The moment of Haiti’s independence as well as the rapid decolonisation period between 1956 and 1965 were two such moments when the explosive spread of the culture of independence temporarily silenced those who wanted to colonise Africa for another one hundred years. Kwame Nkrumah was the leader of Ghana at that transformative moment. We need to clarify the differences between the project of unity as inscribed within the present political leadership and the thoroughgoing push for freedom from those who crave a new vision of citizenship. We will agree with Nkrumah that Africa needs a new kind of citizen. Our task is to draw from the positive memories while outlining the challenges in the present period.
Bob Marley, the cultural leader, was a notable Pan-African spokesperson of 20th century who wanted to transcend racial divisions with a universal message of African unity, love, peace and human emancipation. His call for emancipation from mental slavery remains a message to the youth who are now exposed to the brain-hacking of the digital companies controlled by billionaire Africans and non-Africans alike.
African Continent a Milking Cow for Google and Facebook
‘Sandwich’ helps tech giants avoid tax in Africa via the Netherlands and Ireland.
Google’s office at the airport residential area in Accra, Ghana, sits inside a plain white and blue two-storey building that could do with a coat of paint. Google, which made more than US$ 160 billion in global revenue in 2019, of which an estimated US$ eighteen billion in ‘Africa and the Middle East’, pays no tax in Ghana, nor does it do so in most of the countries on the African continent.
It is able to escape tax duties because of an old regulation that says that an individual or entity must have a ‘physical presence’ in the country in order to owe tax. And Google’s Accra office clearly defines itself as ‘not a physical presence.’ When asked, a front desk employee at the building says it is perfectly alright for Google not to display its logo on the door outside. ‘It is our right to choose if we do that or not’. A visitor to the building, who said she was there for a different company, said she had no idea Google was based inside.
Facebook is even less visible. Even though practically all 250 million smartphone owners in Africa use Facebook, it only has an office in South Africa, making that country the only one on the continent where it pays tax.
Brick and mortar
The physical presence rule in African tax laws is ‘remnant of a situation before the digital economy, where a company could only act in a country if it had a “brick and mortar” building’, says an official of the Nigerian Federal Inland Revenue Service (FIRS), who wants to remain anonymous. ‘Many countries did not foresee the digital economy and its ability to generate income without a physical presence. This is why tax laws didn’t cover them’.
Tax administrations globally have initiated changes to allow for the taxing of digital entities since at least 2017. African countries still lag behind, which is why the continent continues to provide lucrative gains for the tech giants. A 2018 PriceWaterhouseCoopers report noted that Nigeria, Africa’s largest economy, has seen an average of a thirty percent year-on-year growth in internet advertising in the last five years, and that the same sector in that country is projected, in 2020, to amount to US$ 125 million in the entertainment and media industry alone.
‘Their revenue comes from me’.
William Ansah, Ghana-based CEO of leading West African advertising company Origin 8, pays a significant amount of his budget to online services. He says he is aware that tax on his payments to Facebook and Google escapes his country through what is commonly referred to as ‘transfer pricing’ and feels bad about it. ‘These companies should pay tax here, in Ghana, because their revenue comes from me’, he says, showing us a receipt from Google Ireland for his payments. During this investigation we were also shown an advert receipt from a Nigerian Facebook ad that listed ‘Ireland’ as the destination of the payment.
Like Google, Facebook does not provide country-by-country reports of its revenue from Africa or even from the African continent as a whole, but the tech giant reported general revenue of US$ sixty billion as a whole from ‘Rest of the world’, which is the world minus the USA, Canada, Europe and Asia.
The specific transfer pricing construction Google and other tech giants such as Facebook use to channel income away from tax obligations is called an ‘Irish Double’ or ‘Dutch Sandwich’, since both countries are used in the scheme. In the construction, the income is declared in Ireland, then routed to the Netherlands, then transferred to Bermuda, where Google Ireland is officially located. Bermuda is a country with no corporation tax. According to documents filed at the Dutch Chamber of Commerce in December 2018, Google moved US$ 22,7 billion through a Dutch shell company to Bermuda in 2017.
An ongoing court case in Ghana — albeit on a different issue — recently highlighted attempts by Google to justify its tax-avoiding practices in that country. The case against Google Ghana and Google Inc, now called Google LLC in the USA, was started by lawyer George Agyemang Sarpong, who held that both entities were responsible for defamatory material against him that had been posted on the Ghana platform. Responding to the charge, Google Ghana contended in court documents that it was not the ‘owner of the search engine www.google.com.gh’; that it did not ‘operate or control the search engine’ and that ‘its business (was) different from Google Inc’.
Google Ghana is an ‘artificial intelligence research facility’.
Google Ghana describes itself in company papers as an ‘Artificial Intelligence research facility’. It says that its business is to ‘provide sales and operational support for services provided by other legal entities’, a construction whereby these other legal entities — in this case Google Inc — are responsible for any material on the platform. Google Ghana emphasised during the court case that Ghana’s advertising money was also correctly paid to Google Ireland Ltd, because this company is formally a part of Google Inc.
Rowland Kissi, law lecturer at the University of Professional Studies in Accra describes Google’s defence in the Sarpong court case as a ‘clever attempt’ by the business to shirk all ‘future liability of the platform’. Kissi is cautiously optimistic about the outcome, though: while the case is ongoing, the court has already asserted that ‘the distinction regarding who is responsible for material appearing on www.google.com.gh, is not so clear as to absolve the first defendant (Google Ghana) from blame before trial’. According to leading tax lawyer and expert Abdallah Ali-Nakyea, if the ‘government can establish that Google Ghana is an agent of Google Inc, the state could compel it to pay all relevant taxes including income taxes and withholding taxes’.
Like most countries, especially in Africa, Nigeria and Ghana have become more cash-strapped than usual as a result of the COVID 19 pandemic. While lockdowns enforced by governments to stop the spread of the virus have caused sharp contractions of the economy worldwide, ‘much worse than during the 2008–09 financial crisis’, according to the International Monetary Fund, Africa has experienced unprecedented shrinking, with sectors such as aviation, tourism and hospitality hardest hit. (Ironically, in the same period, tech giants like Google and Facebook have emerged from the pandemic stronger, due to, among others, the new reality that people work from home.)
With much needed tax income still absent, many countries have become even more dependent on charitable handouts. Nigeria recently sent out a tweet to ask international tech personality and philanthropist, Elon Musk, for a donation of ventilators to help weather the COVID 19 pandemic: ‘Dear @elonmusk @Tesla, Federal Government of Nigeria needs support with 100-500 ventilators to assist with #Covid19 cases arising every day in Nigeria’, it said. After Nigerians on Twitter accused the government of historically not investing adequately in public health, pointing at neglect leading to a situation where a government ministry was now begging for help on social media, the tweet was deleted. A government spokesperson later commented that the tweet had been ‘unauthorised’.
Cost to public
The criticism that governments often mismanage their budgets and that much money is lost to corruption regularly features in public debates in many countries in Africa, including Nigeria. However, executive secretary Logan Wort of the African Tax Administration Forum ATAF has argued that this view should not be used to excuse tax avoidance. In a previous interview with ZAM Wort said that ‘African countries must develop their tax base. It is only in this way that we can become independent from handouts and resource exploitation. Then, if a government does not use the tax money in the way it should, it must be held accountable by the taxpayers. A tax paying people is a questioning people’.
‘A tax paying people is a questioning people’
Commenting on this investigation, Alex Ezenagu, Professor of Taxation and Commercial Law at Hamad Bin Khalifa University in Qatar, adds that in matters of tax avoidance by ‘popular multinationals such as Facebook and Google, it is important to understand the cost to the public. If (large) businesses don’t pay tax, the burden is shifted to either small businesses or low income earners because the revenue deficit would have to be met one way or another’. For example, a Nigerian revenue gap may cause the government to increase other taxes, Ezenagu says, such as value added tax, which increased from five to seven and a half percent in Nigeria in January. ‘When multinationals don’t pay tax, you are taxed more as a person’.
Nigeria has recently begun to tighten its tax laws, thereby following in the footsteps of Europe, that last year made it more difficult for the digital multinationals to use the ‘Irish Double’ to escape tax in their countries. South Africa, too, in 2019 tailored changes to its tax laws in order to close remaining legal loopholes used by the tech giants. These ‘could raise (tax income) up to US$ 290 million a year’ more from companies like Google and Facebook, a South African finance source said. With US$ 290 million, Ghana’s could fund its flagship free senior high school education; Nigeria could fully fund the annual budget (2016/2017 figures) of Oyo, a state in the south west of the country.
Waiting for the Finance Minister
Nigeria’s new Finance Act, signed into law in January 2020, has expanded provisions to shift the country’s focus from physical presence to ‘significant economic presence’. The new law leaves the question whether a prospective taxpayer has a ‘significant economic presence’ in Nigeria to the determination of the Finance Minister, whose action with regard to the tech giants is awaited.
In Ghana, digital taxation discussions are slowly gaining momentum among policy makers. The Deputy Commissioner of that country’s Large Taxpayer Office, Edward Gyamerah, said in a June 2019 presentation that current rules ‘must be revised to cover the digital economy and deal with companies that don’t have traditional brick-and-mortar office presences’. However, a top government official at Ghana’s Ministry of Finance who was not authorised to speak publicly stated that, ‘from the taxation policy point of view, the government has not paid a lot attention to digital taxation’.
He blamed the ‘complexity of developing robust infrastructure to assess e-commerce activity in the country’ as a major reason for the government’s inaction on this, but hoped that a broad digital tax policy would still be announced in 2020.” Until the authorities get around to this, he said he believed that, ‘Google and Facebook will (continue to) pay close to nothing in Ghana’.
Google Nigeria did not respond to several requests for interviews; Google Ghana did not respond to a request for comment on this investigation. Neither entities responded to a list of questions, which included queries as to what of their activities in the two countries might be liable for tax, and whether they could publish country by country revenues generated in Africa. When reached by phone, Google Nigeria’s Head of Communications, Taiwo Kola Ogunlade, said that he couldn’t speak on the company’s taxation status. Facebook spokesperson Kezia Anim-Addo said in an email: ‘Facebook pays all taxes required by law in the countries in which we operate (where we have offices), and we will continue to comply with our obligations’.
Note: The figure of eighteen billion US$ as revenue for Google in ‘Africa and the Middle East’ over 2019 was arrived at as follows. Google’s EMEA figures for 2019 indicate US$ 40 billion revenue for ‘Africa, Europe and the Middle East’ all together. According to this German publication, Google’s revenue in Europe was 22 billion in 2019. This leaves US$ eighteen billion for Africa and the Middle East.
This article was first published by our partner ZAM Magazine.
An Unlikely Alliance: What Africa and Asia can teach each other
Once African and Asian leaders looked towards each other for guidance. What possibilities can a renewed cross-continental solidarity offer?
When independent Congo’s first prime minister, Patrice Lumumba, was assassinated in 1962, over 100,000 people protested in Beijing Workers’ Stadium. Thousands more protested in New Delhi and Singapore.
When Sudan lacked a formal plaque at the 1955 Bandung Conference, where the leaders of Asia and Africa declared the Third World project, India’s Jawaharlal Nehru wrote “Sudan” on his handkerchief, ensuring Africa’s then largest country a seat.
It was a time when Asia and Africa, home to almost 80 percent of humanity, found kinship in their shared trauma and conjoined destiny. Both were always spoken of in tandem. Martin Luther King Jr.’s “Letter from a Birmingham Jail,” drew inspiration from what he saw overseas: “The nations of Asia and Africa are moving with jet like speed toward gaining political independence.”
Too often we forget that the most defining event of the 20th century was not World War II or the Cold War, but the liberation of billions in Asia and Africa between the 1950s and 1980s as citizens of almost 100 new-born countries.
It also marked the revival of an ancient, pre-European connection. Historically, Asia and Africa were enmeshed centers of wealth and knowledge and the gatekeepers of the most lucrative trade routes. The Roman Empire’s richest region was North Africa, not Europe. A severe trade imbalance with South Asia forced Roman emissaries to beg spice traders in Tamil Nadu to limit their exports.
Western Europeans left their shores in desperation, not exploration, in the 1500s to secure a maritime route to the wealthy Indian Ocean trading system that integrated Asia and Africa. Somali traders grew rich as middlemen transiting coveted varieties of cinnamon from South Asia to Southern Europe. The Swahili coast shipped gold, ivory, and wildlife to China. Transferring the world economy to the Atlantic first required Portugal’s violent undoing of the flow of goods and peoples between Asia and Africa.
In Bandung, Indonesia’s Sukarno declared “a new departure” in which peoples of both continents no longer had “their futures mortgaged to an alien system.”
Yet that departure became a wide divergence that is complex to comprehend. Over the last few years, I’ve shuttled between the megacities of Asia to East and Central Africa. I also grew up in four Asian countries—India, Thailand, Philippines, and Singapore—and lived through Southeast Asia’s exponential rise.
The gap between Africa and East Asia, including Southeast Asia, is perplexing because we share much in common—culture, values, spirit, and worldview. I’m reminded of this in Somalia, Sudan, Uganda, or Ghana, where I’ve felt an immediate sense of fraternity.
It’s now a familiar story: 70 years ago, African incomes and literacy rates were higher than East Asia, then an epicenter of major wars. But in one generation, East Asia achieved wealth, human development, and standards of living that rival a tired, less relevant Western world.
The shockingly inept response by many Western countries to a historic pandemic has only amplified calls for Africa to abandon the Western model and learn from its once closest allies. A new book titled Asian Aspiration: How and Why Africa Should Emulate Asia, hit stores this year, co-authored by former Nigerian and Ethiopian heads of state. An op-ed in Kenya’s Star newspaper even prior suggested Kenyans shift their gaze from the supposed advancement of Westerners to “the progress of our comrades in the East.”
The incessant idea that Africa’s future lies in models not of its own making can be patronising. But Africa can indeed learn from the successes and pitfalls of East Asia, the world’s most economically dynamic region also built from scratch, while imparting wisdom of its own.
Many who previously pondered this gap came up with multiple theories, but often ignored a simple reality: Africa’s geography. Like Latin America, Africa is bedeviled by a predatory power to its north that siphons capital, talent, labor, and hope. By contrast, East Asia, even with several U.S. bases, is an ocean away from the United States and a 12-hour flight from Western Europe.
Europe’s proximity to Africa also cultivated a perennial barrier to development: the Western aid industry. Whether I’m in Haiti or Chad, the sheer domination of Western NGOs, development agencies, aid convoys, and all manner of plunder masquerading as goodwill—$40 billion more illicitly flows out of Africa than incoming loans and aid combined—is something I never saw even 25 years ago in Southeast Asia. Industries look for growth opportunities. Developed societies with robust public systems in East Asia offer few for saviors. The streets of Bangkok and Hanoi are lined with Toyotas and tourists, not wide-eyed youths in armored vehicles guided by white burden. The development industry and most of its participants I’ve had the misfortune of meeting are toxic. Large swaths of Africa remain under occupation of a different kind.
For much of the 20th century, Africa also faced a virulent settler colony in its south which destabilized the region and was so hateful of Black Africans that its mercenaries set up a series of bogus health clinics to surreptitiously spread HIV under the guise of charitable healthcare.
East Asia’s settler colony, Australia, was never able to replicate South Africa’s belligerence. It did lay waste to Papua New Guinea (where it continues to imprison asylum-seekers) but Australia never invaded or occupied Indonesia or the Philippines.
Another fallacy explaining African inertia is poor leadership. Leadership is paramount, but Africa produced a generation of independence era leaders whose values and decency the world desperately needs today. All were killed or overthrown by the West—because Africa is a far deeper reservoir of resources than East Asia.
South Korea, Singapore, and Taiwan are not resource rich. Thailand was never even colonized. An Asian country afflicted by similar conditions to Africa is mineral-rich Myanmar, closed to the wider world and progress for decades. Showcases of democracy aside, its kleptocratic, authoritarian political culture, like many African countries, was inherited from British rule. George Orwell’s less referenced book Burma Days, a recount of his time as a police officer in colonial Burma, called the British Empire “a despotism with theft as its final object.”
Resources prevented African leaders from towing a middle road that kept Western powers happy while investing in their society. The choice was resource nationalism or authoritarian acquiescence “with theft as its final object.” It was either Lumumba or Mobutu.
East Asian success stories worked within the global capitalist system and conducted deft diplomacy to placate Western superiority complexes while fortifying relationships with the rest of the global South. At independence, Singapore dispatched diplomats around the world, including several African countries, to build trade ties. Its manufacturing companies provided cassette tapes for Sudan’s then booming music industry. It hired Israeli advisors to train its military while staying in the good books of neighbors and Arab partners who stood with the Palestinians. These maneuvers are only possible when you aren’t sitting on $24 trillion worth of minerals.
Geography aided East Asia. Colonial borders, with a few exceptions, resembled some form of community that came before the nation-state. Consider both the Malay and Korean Peninsulas. Thailand’s borders, while amended as concessions to imperial powers, conformed largely to the cultural and linguistic boundaries of ancient Siam.
Africa’s artificial borders concocted nation-states with no experience as a community of any kind. The nation-state model creates fissures even in Europe, with the Yugoslav wars and constant, violently suppressed demands for statehood by the Basques and Catalans in Spain, not to mention a referendum by the Scots. Partitions across Africa, a special kind of cartographic violence, congealed animosity for generations.
So while Africans were marginally better off at independence than East Asians, structurally they actually did not have a head start. But Africa still thrived in the 1970s. It is only now reaching average income levels akin to half a century ago. To dismiss the continent’s record since independence as a perennial failure is a historically illiterate point of view. Its cultural output and musical dynamism were astonishing—arguably unrivaled—during this era. Liverpool and Manchester? Try Luanda and Mogadishu.
Africans were well aware of the right course but were thwarted more viciously than East Asia’s most developed states. Perhaps the West is more tolerant of Asian success because of racial hierarchies, just as the US parades Asian-American affluence as a symbol of the universality of the US-led Western model but violently responds to the smallest hint of actual wealth creation in Black-American communities.
Now, amid a precarious coming decade, East Asia indeed offers prescriptions for not only natural allies like Africans but societies worldwide seeking transformation in record time.
First off, it’s all about networks. Do the rules of your country facilitate local, regional, and international networks? A new Harvard study concluded that brisk business travel has the single biggest impact on building networks, diffusing knowledge, and birthing new industries. Europe’s own development benefited from its small land space, which tailored expansive, tight-knit networks that rapidly spread ideas revolutionizing everything from the sciences to football tactics.
Frequent trips to any major city in East Asia connect you to lucrative networks half a world away. Business travel (at least before the chaos of coronavirus) to East Asia is accessible, affordable, and hassle-free. The right infrastructure and laws—state-of-the-art airports, good accommodations, low-cost, high-speed telecommunications, rapid transportation links and whole scale visa liberalization—are needed to accommodate network-building travelers of every stripe and budget. African countries should follow suit, and streamline business travel, which would allow African travelers to build dense regional and continental networks—currently a tough ask when pre-pandemic flights from Nairobi to London were far cheaper than to neighboring capitals.
Since the 1980s, the Anglo-American West, ideologically intoxicated by deregulation, abdicated their society’s fate to self-interested individuals and free markets alone. East Asian countries enacted hardcore capitalist policies but never bought into this demented idea. The US and UK spent the last four decades dismantling their states; East Asian countries meanwhile reinforced their capacity with vast investments in education, telecommunication, and especially healthcare.
Thailand abandoned the neoliberal approach to healthcare in the early 2000s for a private-public model that guaranteed universal coverage and secured its place as the first country in Asia to eliminate HIV transmission from mother to child. Both Singapore and Hong Kong have the most efficient healthcare systems in the world. Sharply guided public health policies underwrote East Asia’s masterful management of COVID-19. Vietnam and Laos had zero deaths from coronavirus while Germany, somehow a celebrated success story in the Western press, has over 9,000 deaths.
Recently, Kenya sought Thailand’s expertise in revamping a typically price-gouged private healthcare system. Ethiopia invited Vietnamese telecommunication companies to make its systems reliable, fast, and, like much of Southeast Asia, affordable.
In the Nigerian and Kenyan corners of Twitter, “The Singapore Solution” resonates. People yearn for a Lee Kuan Yew figure. Lee once told an Indian audience that Singapore’s model cannot be adopted by India, which, according to him, “is not a real country…Instead it is thirty-two separate nations that happen to be arrayed along the British rail line.”
The same can be said about Nigeria and Kenya. Singapore is an entrepot state of a few million at the gateway to the Malacca Straits, the world’s busiest shipping lane, with deep ancestral ties to China and India, the world’s richest economies for 1,800 of the last 2,000 years.
Each country’s trajectory is highly contingent on a set of unique circumstances and should never be applied wholesale. With the immense benefit of hindsight, Africans can choose from the best, most fitting lessons from the region, while staying vigilant of and mitigating many pitfalls.
For every one of me, inheritors of East Asia’s boom, there are, like New York City and London in the early 1900s, millions trapped as cheap labor servicing endless growth, forced to compete over scraps in unforgiving cities. East Asian inequality is nauseating. South Korea has the highest elderly poverty rate in the OECD, with almost half of its senior citizens condemned to destitution rather than retirement. Only disparities that torture the soul can create award-winning films like Parasite.
This is a feature, not a bug, of East Asia’s rapid growth. Opening up to global capitalism inevitably instills hierarchies and racialized aspirations. When I see advertisements for new luxury condominiums, possibly the most prevalent hoardings in Southeast Asia, it’s an image of a white man with his East Asian wife and mixed-race child. The message is clear. As Frantz Fanon wrote, “you are rich because you are white, you are white because you are rich.”
East Asia may not have the levels of violent, heartless racism on brazen display in Western societies, but the 1990s were a turning point. East Asians began to look down on those modernization taught them to distrust. You don’t go from mourning an assassinated Congolese leader by the thousands to treating African expatriates as diseased in one generation without a drastic, very recent shift.
Some Westerners, like washed up drunks screaming profanities at a bar, might be tempted to repeat the mantras falsely underlining their sense of superiority to make preposterous demands of such young countries pieced together overnight. They might ask, “Well what of democracy? Human rights? Freedom of the press? Free markets?” These are all wonderful things, if they actually existed.
Not a single Western country was a democracy during its development. Western Europe had a fascist government in Spain until 1975. France and Britain fought horrific wars to deny Algeria and Kenya independence even after defeating Nazism. You can’t be a democracy when you deny democracy to others. European colonies were run as totalitarian dictatorships and lasted well into the late 20th century.
Freedom of the press? Try criticizing Israel in the mainstream US or German media.
Human rights? Europe lets migrants drown by the thousands in the Mediterranean. Australia has offshore camps for asylum seekers where abuse and rape are rampant. The US has kids in cages and its cops murder young Black men for sport.
Free markets? Both the US and Britain were viciously protectionist societies that relied on massive state intervention, and overwhelming military force, to mint its corporations.
The marriage of free markets to supposedly liberal democracy gave us Brazil’s Jair Bolsonaro, India’s Narendra Modi, the Philippines’ Rodrigo Duterte, and kept war criminal Benjamin Netanyahu as Israel’s longest serving leader. The Western liberal order, Indian writer Pankaj Mishra meticulously reveals, is an “incubator for authoritarianism” because it’s premised on fairy tales.
An open society, a vibrant marketplace, and a respect for human dignity are of course worthy and necessary goals. More representative forms of government, hopefully devised by us rather than imported from Cornwall, England, will arrive. We need not be “Jeffersonian Democrats”; we can surely do better than a system championed by slave owners. As Deng Xiaoping said when China opened up after its century of humiliation, “Let some people get rich first,” which should be interpreted as a call to enrich societies as a whole before succumbing to obnoxious Western moralizing about values they rarely practice themselves.
Advancement need not only be predicated on economic growth and democratic politics and Africa need not only be the student and Asia the mentor. Asia has much to learn from Africa’s grand investments in culture in its earliest days. Aside from Vietnam, whose communist government funded the arts, and South Korea, which subsidized its K-Pop industry, most East Asian countries pay little attention to their cultural prowess on the world stage.
When kids in Djibouti listen to songs on their phone, it’s Somali music or Nigerian hits. Hop in a taxi in Accra or Khartoum and you hear that country’s sound. Africans listen to their own music. Southeast Asia does not. The richest music is derided as a pastime of lower classes, unfit for well-heeled urban elites. Talent gets lost in the never-ending roster of cover bands for top 40 American pop.
In Jakarta’s many behemoth malls, “you will not hear Indonesian music,” wrote journalist Vincent Bevins. “You will not hear Japanese music, or anything from Asia… It will all have been packaged and sold in the USA.” It’s the same story anywhere in the region.
This may seem trivial, but a country’s image is vital to any lasting progress. In a world no longer able to “identify with, let alone aspire to, Hollywood’s white fantasies of power, wealth and sex,” wrote Fatima Bhutto in New Kings of the World: Dispatches from Bollywood, Dizi, and K-Pop, “a vast cultural movement is emerging from the global South… Truly global in its range and allure, it is the biggest challenge to America’s monopoly of soft power since the end of the Second World War.”
African countries laid the foundations in the ‘70s to fill this vacuum. Their image will be defined in the next decades by their stellar music, set to be in our lifetimes the global staple and standard. Independent labels and corporate players like UMG and Sony, now with headquarters in Lagos and Abidjan, have ensured unprecedented international access to Africa’s abundance of music, past and present.
African literary festivals have also blossomed, adding to an impressive six percent growth in the industry. It’s only a matter of time before small and multinational publishing houses scout a new cadre of young African writers to make household names, as they did in South Asia. Africa hosts over 35 annual literary festivals, even in struggling cities like Mogadishu, while East Asia only enjoys 21.
Economic engines inevitably slow. Southeast Asia in particular must emulate African pride in its own music and related expressions of culture to seize on openings left behind by a once omnipotent cultural hegemony in full retreat. South Korea understood this early and enjoys a powerful, beloved global brand molded by pop music and films, not per capita income.
Even if Africa and Asia swap carefully selected approaches, ultimate success is only possible from a unity akin to the 1955 Bandung Conference. When we again mingle and ally, when we mourn each other’s dead, when we scribble names on napkins as acts of solidarity, we will again realize our lasting success. The final phase to complete the process of decolonization will have to be done jointly, in unison, or never at all.
Fear and Loathing in Kenya’s Parliament
Parliament’s failure to enact laws to bring women into elected national leadership has only exposed its soft underbelly, revealing a combination of narcissism and incompetence.
A month before Chief Justice David Maraga advised the president to dissolve parliament, legislators were toying with plans to delete the constitutional requirement that would include women in national political leadership.
“You cannot compel citizens to elect either men or the other gender,” said Justin Muturi. Speaking at a parliamentary retreat, the Speaker of the National Assembly appeared to have lost whatever empathy he previously harboured for affirmative action legislation to promote women’s participation in elected leadership in June 2016.
Following the CJ’s September 21 advice, Muturi mobilised the Parliamentary Service Commission, which he chairs, to mount a court challenge against it. He remarked: “The clamour to pass legislation to ensure [the] two-thirds gender principle potentially violates the sovereign will of the electorate at least to the extent that such legislation will demand top-ups or nominations of women”.
Jeremiah Kioni, who chairs the Constitution Implementation Oversight Committee, told the parliamentary retreat that politicians only agreed to include the clause on the inclusion of women in elective leadership in the 2010 constitution “to stabilise the country and cool tempers”.
Unknown to many at the time of the retreat debate, the Speakers of the National Assembly and the Senate had received an August 3 letter from Chief Justice David Maraga informing them that he was considering six different petitions asking him to advise the president to dissolve parliament as provided for in the constitution. The letter followed up on a 25 June 2019 one inquiring about the progress made by Parliament in enacting laws to increase women’s participation in leadership.
In August, Muturi cautioned members of parliament that there was a real risk of dissolution over failure to enact the law on including women in leadership, but since Maraga delivered his coup de grâce on September 21, the Speaker has gone on the warpath.
Although the constitution – which was passed by 68.6 per cent adult suffrage in August 2010 – gave parliament independence, it contains a suicide clause giving the president the power of dissolution should it fail to enact laws that bring the constitution into application. The clause kicks in if the High Court certifies and declares that parliament has failed to pass a law within the required timelines.
The constitutional provision requiring that no gender should constitute more than two thirds of any elective or appointive body has been successfully implemented in county assemblies, but it has remained a sticking point at the national level. Elections for the National Assembly and the Senate in 2017, and the subsequent allocation of special seats, gave women only 23 per cent of the share of legislative leadership at the national level – a 9 per cent improvement on the 2013 elections.
A 2018 National Democratic Institute survey of gender participation in politics found that “[w]omen who had served in specially nominated positions, for example, were more likely to win an election than those who had never held office at all”.
A combination of political chicanery, slothful self-interest and duplicitous male chauvinism has repeatedly thwarted efforts to create an inclusive national legislature. The laws required to cash the promissory note given to women when the country passed the Constitution have never been passed because neither the National Assembly nor the Senate has been able to muster the two-thirds quorum required to debate a constitutional amendment.
The National Gender and Equality Commission documents the Journey to Gender Parity in Political Representation, noting the four floundering attempts to enact laws that would increase the number of women in national legislatures.
In each instance, the bills proposed to become law had already been developed off-site, complete with a costing of what each option would mean for the taxpayer, and all that was required of MPs was for them to show up and make the quorum for the bills to come under consideration.
The last effort at passing the gender law had been stepped down from the order paper in November 2018 over fears that there would be lack of quorum to consider it since it touched on the constitution. The bill was the product of painstaking negotiation, bargaining, and deal making involving over 50 organisations and that had lined up President Uhuru Kenyatta, political party leaders Raila Odinga and Kalonzo Musyoka.
When the proposed law was put to the National Assembly in February 2019, the headcount came in at 174 MPs – 59 short of the 233 required to consider a law relating to the constitution. Earlier, under the hammer of the High Court in 2016 to pass a similar law, Speaker Muturi innovated a way to get round the requirement for constitutional amendment law proposals to wait 90 days, fast-tracked the bill through the 11th Parliament – only for it to fail because there was no quorum to consider it.
Frustrations over the repeated failure to pass laws that promote women’s increased participation in elective politics have triggered a record number of court petitions. The most consequential of these is the petition filed by the Centre for Rights Education and Awareness, from which the High Court issued a declaration that parliament had indeed failed to perform its duty to enact a law to promote the participation of women in national elective leadership.
The Speaker of the National Assembly lost an appeal against the 2017 High Court decisionordering parliament to enact the law providing for inclusive leadership within 60 days.
Last year, on 5 April, the Court of Appeal observed that the repeated failure to get a quorum to pass the law “does not speak of a good faith effort to implement the gender principle”, noting that Parliament had already exhausted the option of extending for a year the deadline for enacting the gender law.
That decision confirmed parliament’s failure to perform its duty, and within two months inspired five petitions requesting the Chief Justice to advise that it be dissolved. The Law Society of Kenya lodged its petition with the Chief Justice in June this year.
Ken Ogutu, who teaches law at the University of Nairobi, analogises the current dilemma to a construction project where the main contractor has completed the main structure of a new house and a subcontractor is then left to do the finishing to ensure the house is completed to the required standards. “The main contractor gives the subcontractor a schedule of the finishing he must do and by when, and if the subcontractor fails to complete these tasks within the specified timelines, he is fired and a new one hired to do the work”.
Parliament has argued that it has passed all the other laws and should not be punished for not enacting the gender inclusion laws.
The Chief Justice’s advice to dissolve Parliament will likely expose the institution’s hidden weaknesses. Its failure to enact laws to bring women into elected national leadership has only exposed its soft underbelly, revealing a combination of narcissism and incompetence.
Beneath the shining veneer of success, evident in the passage of 47 out of the 48 laws required to implement the constitution as outlined in its Fifth Schedule, there is plenty of evidence that parliament is still stuck in the old constitutional order. Some argue that parliament has been the weak link in turning Kenya into a constitutional democracy.
Since 2011, Kenya Law Reports has documented 48 statutes or amendments to the law that the courts have struck down for being unconstitutional. Eight of the controversial laws struck down by the High Court or the Court of Appeal relate to the management of competition in elections.
Judges sitting singly or in panels of three in the High Court, or in the Court of Appeal, have struck down parliament’s attempts at power grabs by avoiding public participation and making laws that violate the constitution. It is even more worrying that the 48 are only those laws that citizens or organisations have challenged, meaning that there could be a great deal of unconstitutionality hidden in other laws.
For example, commenting on the attempt to sinecure seats for political party leaders in the election law, appellate judges Festus Azangalala, Patrick Kiage and Jamilla Mohammed wrote in their judgment: “[F]ar from attaining the true object of protecting the rights of the marginalized as envisioned by the constitution, the inclusion of Presidential and Deputy Presidential candidates in Article 34(9) of the Elections Act does violence to all reason and logic by arbitrary and irrational superimposition of well-heeled individuals on a list of the disadvantaged and marginalized to the detriment of the protected classes or interests”.
Other judges have described some of the legislative attempts as “overreach” or “no longer [serving] any purpose in the statute books of this country”. Judge Mumbi Ngugi, commenting on the anti-corruption law passed by parliament, remarked: “The provisions […], apart from obfuscating, indeed helping to obliterate the political hygiene, were contrary to the constitutional requirements of integrity in governance, were against the national values and principles of governance and the principles of leadership and integrity in . . . the Constitution . . . [and] entrenched corruption and impunity in the land”.
The low quality of laws emanating from parliament since the promulgation of the constitution in 2010 arises from several factors, among them competence gaps and self-interest, and despite the inclusion of an entire chapter on integrity in the constitution, the country’s politics is weighed down by poor political hygiene. Similarly, the law on qualification for election as a member of parliament sets a very low threshold while the one for recalling elected leaders is impossible to apply.
Data aggregated from the parliamentary website shows that 72 per cent of all members of the National Assembly are university graduates, but many of the qualifications listed appear to be shotgun degrees from notorious religious institutions acquired in the nick of time to clear the hurdle for election. The modest intellectual heft of members in the National Assembly especially makes the institution unsuited for the task of navigating a Western-style democracy in the design of the constitution.
Some 40 MPs have law degrees, but the Kenya Law Reform Commission, the Attorney General’s office, and various interest groups carry out much of the legislative drafting. Parliament is then often left with the duty of playing rubber stamp.
At moments of national crisis, legislative initiative has tended to emanate from outside parliament, whose members are then invited to endorse whatever deal has been agreed. Cases in point from recent history include the resolution of the stalemate over changing the composition of the Independent Electoral and Boundaries Commission in 2017, and the political détente in the aftermath of the putative 2017 presidential election.
In a global first of game-warden-turned-poacher, the Public Accounts Committee, Kenya’s parliamentary watchdog, was disbanded over allegations of corruption. The Conflict of Interest Bill was only published last year and is yet to reach the floor of parliament. It was not the only instance of members of parliament literally feathering their nests. Legislators have been most voluble in defending the benefits they feel entitled to, and clinging onto the control of the constituency development fund, which they have turned into a pot of patronage.
The constitution refashioned parliament as an independent institution with law-making, oversight and budgeting powers. The institution has not acquitted itself in watching over public institutions and spending, often playing catch-up with reports of the Auditor General. Its lax fiscal management and oversight has resulted in the country’s debt stock growing from Sh1.78 trillion in 2013 to the current Sh6.7 trillion. Only this year, the Sh500 billion contract for the construction of the standard gauge railway using Chinese loans was found to have been illegal.
Its review of the annual reports from the judiciary and the 14 constitutional commissions has been lacklustre, with the worst case being the parlous state of the Independent Electoral and Boundaries Commission. One of the concerns raised about dissolving parliament is around the readiness of the commission to undertake nationwide parliamentary elections, given that four of the seven commissioners have resigned and have not been replaced, and that the institution does not have a sufficient budget to undertake its work.
Another anxiety around the dissolution of parliament has been that the electorate would not cure the gender imbalance in the national legislature through an election. That anxiety is a misapprehension.
On 20 April 2017, in deciding a case filed by Katiba Institute, Justice Enock Mwita ordered that political parties formulate rules and regulations to bring to life the two-thirds gender principle during nominations for the 290 constituency-based elective positions for members of the National Assembly and the 47 county-based elective positions for members of the Senate within six months. He added that if they failed to do so, the IEBC should devise an administrative mechanism to ensure that the two-thirds gender principle is realised within political parties during nomination exercises for parliamentary elections.
The August 2017 High Court judgment requires the IEBC to ensure that party lists contribute to the realisation of the gender principle. The decision has not been appealed or vacated. Given the parliament’s proclivity to pursue the interests of its members in increasing their pay even when not allowed to do so, it is not unlikely that MPs, detained by their own fear of political competition, have refused to see how affirmative action legislation would increase women’s participation in politics.
For now, the Chief Justice’s advice to the president to dissolve parliament has been challenged in court by two citizens, with Judge Weldon Korir certifying that the case raises constitutional questions that need to be adjudicated by an uneven number of judges. It is not unlikely that the matter could go all the way to the Court of Appeal, meaning that the earliest a final position could be settled is February next year.
The dissolution saga will likely highlight the distance yet to be covered in realising the parliament Kenyans wanted to establish through the constitution. Although parliament has a five-year term, it can be extended in times of war or emergency for a period of one year each time, for a maximum of one year. The corollary is that its term can be shortened if it fails to live up to constitutional expectations.
Bereft of any real power or competence and unable to cut the umbilical cord binding it to the executive, parliament will be President Uhuru Kenyatta’s poodle waiting on his charity. And as the president concludes the political calculation of the costs and benefits of dissolving parliament, the country will be assessing its legislature’s performance not just on gender but on everything else.
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