UNISA Decoloniality Conference

8/18/2019 UNISA Decoloniality Conference

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Session A – Decoloniality and Africa’s Development

Prof Sabelo Ndlovu-Gatsheni

Unmasking Development’s Political Economy of Truth: Taking Stock of Fifty Years of African Struggles for Decolonization and Development

Dr Siphamadla Zondi

Diopian solutions to Africa’s development conundrum: An exploration

Mr. Tendayi Sithole

Decolonising ‘decolonisation’: Chinweizu’s critique as decolonial turn for Africa’sdevelopment

Mr. William Mpofu

Coloniality in Africa: The three legged dilemma of tyranny, puppetry and Eurocentricknowledge


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Development fo r Africa or Development by Africa?

Grappling with the Trials and Tribulations of African Development Initiatives

Sabelo J. Ndlovu-Gatsheni

Archie Mafeje Research Institute

College of Graduate Studies

University of South Africa

Email(s): [email protected] or [email protected]

Abstract

Development has remained one of the major challenges facing the African continent

since the time of colonial encounters. It is a challenge which has attracted both internal

and external initiatives. The external initiatives constituted a form of development for

Africa whereas the internal initiatives constituted development by Africa. This paper

seeks to critically analyze the trials and tribulations of African development initiatives

since the time of decolonization with a specific focus on development by Africa

beginning with the Bandung Conference of 1955 right up to the New Partnership for

African Development (NEPAD). The paper posits that development for Africa was

constitutive of the imperial global designed underpinned by coloniality. The ideas of

development for Africa cascaded from the notions of a ‘dark continent’ and culminated

into President Truman’s 1949 inaugural speech on how the United States of America

had a historic duty to develop the underdeveloped parts of the world. This notion of

development underpinned the activities and operations of such external actors as the

World Bank, the International Monetary Fund, and various Non-Governmental

Organizations (NGOs) that approached Africa as a problem to be solved by outsiders.

This notion of development is distinguishable from those initiatives informed by the spirit

of decoloniality that informed decolonization project. Decoloniality emphasized the role

of Africans in developing their continent and its people. The Bandung initiative marked

the genesis of this form of development pushed by Africans for Africans. It included

such initiatives as the push for a New International Order (NIO), the Alternative to

Structural Adjustment Programmes, the Lagos Plan of Action, right up to the NEPAD.

The key question is why have these initiatives not delivered development to Africa?

Does it mean that African solutions to African problems are failing?

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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The Diopan Perspective on the Future of Africa’s Development

Siphamandla Zondii

Abstract

The ideas of Cheik Anta Diop in the early independence period about key

drivers of developmental integration of the African continent remain both

unexplored in the literature on integration and have not been used by

policy makers concerned with accelerating continental integration. This,

the chapter suggests, is to do with the general neglect of Afrocentric works

in African studies and African policy circles, especially those works thatsought epistemic disobedience from Eurocentrism such Diop’s. As the

African Union Commission begins the process of stimulate continent-wide

conversations about the next golden jubilee of independent Africa – the

Africa in 2063 initiative, this chapter suggests that some of the most

profound ideas for consideration in this were made as early as fifty years

ago. This chapter is, however, not a discussion of all Diopan proposals

regarding African integration, but only the proposal regarding the structure

of the continental state and a policy recommendation on an African energy

doctrine.

i Siphamandla Zondi is the director of the Institute for Global Dialogue and an honorary professor of

politics at University of South Africa. He teaches African renaissance and African Political Economy at

the Thabo Mbeki African Leadership Institute at UNISA.


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Decolonising ‘decolonisation’: Chinweizu’s critique as de-colonial turn for

Africa’s development

Tendayi Sithole

Department of Political Sciences

University of South Africa

Preller Street, Muckleneuk Ridge, Pretoria

P O Box 392, UNISA 0003

South Africa

Tel-+27-12-429-6006

Fax-+12-429-2731

Email: [email protected]

Abstract

The notion of de-colonial turn will be deployed as the site of political imagination and the

rallying point of critique to argue that what is known as ‘decolonisation’ is something in

need of decolonisation for there to be Africa’s development. It means that the

‘decolonisation’ that occurred at the departure of colonialism was the epochal break

which is emancipation and not a radical break which is liberation. Decolonisation as

emancipation is embedded in coloniality which is informed by the sustaining of colonial

legacy after the departure of colonialism. Decolonisation as liberation is the action that

aims to undo the complex colonial matrices of power which hampers Africa’s

development. Decolonisation is informed by political imagination and will to uncover,

uproot and remove all forces which put the African subject into subjection,

psychologically, bodily, materially and existentially. The decolonisation that Chinweizu

agitates is different from the one which is popularised by means of anniversaries,

constitutions, carnivals, flags, national anthems and Independence Day fiascos whichhave nothing concrete to offer on Africa’s development. These are the acts of

emancipation, meaning that they are decolonisation without liberation – the very

antithesis of Africa’s development. Therefore, the paper will deploy de-colonial turn to

unpack colonilaity, and to chart a terrain for liberation. In doing so, this paper will

thematise Chinweizu’s critique to colonialism as the conquest of the African body, souls

mailto:[email protected]:[email protected]:[email protected]:[email protected]


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advancement will not be possible in Africa outside an understanding of, and navigation

away from Coloniality as a haunting global structure that is incarnated in current

understandings and narratives of Africa’s economic and political condition.

William Mpofu is a post-graduate student of Political Communication at the University

Of South Africa (Archie Mafeje Institute.)

0718022947


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Session B – Good Governance, Peace and Security and Development

Prof Charles Fombad

Rethinking anti-corruption strategies in Africa: Constitutional entrenchment as a basisfor credible and effective anti-corruption clean-ups

Paul Kwengwere

Redefining good governance for Africa’s development: Going beyond mediocrity

Prof Michelo Hansungule

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

in implementation

Dr Joy AlemazungConstitutional Democratic Governance in Africa: Institutions Matter

Ajuku Okgechuku

Building an institutional and land development infrastructure for economic self-

determination in Africa

Nobert Mao

Sweating in peace or bleeding in war; democratization as a durable answer to armed

insurgencies in Africa

Madeleine C. Fombad

Enhancing governance in Public Private Partnerships in Africa: Some lessons learned

from South Africa

Prof Shadrack Gutto

Making management of elections in Africa credible


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SUB-THEME: GOOD GOVERNANCE

PAPER TITLE:

RETHINKING ANTI-CORRUPTION STRATEGIES IN AFRICA: CONSTITUTIONAL

ENTRENCHMENT AS A BASIS FOR CREDIBLE AND EFFECTIVE ANTI-CORRUPTIONCLEAN-UPS

CHARLES MANGA FOMBAD

LIC-EN-DRT (UN. OF YAOUNDE), LL.M, Ph.D (UN. OF LONDON)

PROFESSOR OF LAW

INSTITUTE FOR INTERNATIONAL AND COMPARATIVE LAW IN AFRICA

FACULTY OF LAW

UNIVERSITY OF PRETORIA, SOUTH AFRICA

Endemic corruption in Africa and the failure since independence to seriously control it

poses one of the greatest threats to peace and security on the continent and casts

doubts about the prospects for economic recovery and development. The fight against

corruption is not simply about occasional campaigns designed to catch a few crooks

and people who are corrupt; it is about laying down a robust and sustainable legal

framework that will improve overall governance, accountability and transparency. The

main contention in this paper is that only a constitutionally entrenched framework of

measures and institutions, protected by certain entrenched principles can provide a

solid basis on which an effective and sustainable fight against Africa’s troubling endemic

corruption can be brought under control. The paper will briefly consider the nature and

consequences of corruption in Africa. It will also review past anti-corruption strategies

and why they failed. It will however focus on the rationale for and scope for a

constitutionally entrenched anti-corruption framework and the relevant constitutional

principles and institutions needed to operationalize it. Such an approach is designed to

make corruption a high risk and unprofitable activity for everybody regardless of his or

her status in society.


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Redefining good governance for Africa’s development: Going beyondmediocrity

Paul L Kwengwere*

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

development arena. It is now generally believed that there cannot be proper

development without good governance. Using governance indicators, it has been

shown that most of the countries that are the worst in governance are also performing

poorly in development. With such knowledge, one would think that the solution to

development has been solved since by concentrating on governance, it would be easy

to attain good development. However, this hypothesis has not worked for most of African countries making the question of “what is really good governance” another major

debate.

Western countries and International Financial Institutions have used different initiatives

to improve governance in Africa to help countries move out of poverty. Unfortunately,

little change has taken place in most of the countries targeted, and some of them still

appear almost at the bottom of the list. A lot of researchers, development experts,

academicians have been working tirelessly to find the solution. Numerous possibilities

come in ranging from the definition of good governance being misunderstood by the

African countries, to mere coincidence that countries that have excelled in development

in Africa – like Botswana, Cape Verde, Namibia – seem to also do well in good

governance. While this paper analyses some of the challenges of governance in Africa,

it concentrates on how the positive relationship between governance and development

seem to work in some countries but fail to work in others. Using that knowledge some

suggestions are made for the benefit of countries that are not performing well

economically. The paper also provides some suggestions to the international

community, especially those dealing with Aid, how they can best utilize the situation

hence minimize the mistakes they have been going through


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The role of APRM in strengthening governance in Africa: Opportunities andconstraints in implementation

Professor Michelo Hansungulei

One of the innovative instruments the African Union has developed the past decade is

the NEPAD. As the term suggests, NEPAD is a ‘new’ instrument which is aimed

principally at addressing the endemic poverty haunting Africans, radically improve on

governance and fighting Africa’s marginalisation in international fora.

In order to carry out this tall order, NEPAD has creatively established the APRM. The

APRM is voluntary self-assessment mechanism aimed at allowing acceding states to

conduct assessment of their own records and identify challenges they may face and

indicate best practices for experience sharing with other members. However, there are

both institutional and political problems which threaten to undermine this excellent

concept. While the legal issue of status seem to have been resolved with the AU’s

decision to integrate both the NEPAD and APRM into AU processes, there is a cold war’

between national focal points and the APRM Panel over territorial control which has

extended to the Secretariat. Focal points are reluctant to concede to the independence

of the independence or even autonomy of the Panel apparently because they hold the

purse and therefore would like to call the tune.

The second problem is even more challenging than mere power contests. The end

product of the APRM is the Programme of Action. Having identified the challenges and

suggestions for the way forward, APRM is expected to draw the Programme of Action

but the problem is none of the APRM instruments indicate the place of this programme

in local terrain. There is no space in most countries for the incorporation of the APRM

Programme of Action over and above their political party manifestos and national

development plans which are purely local processes. Yet, without a special place for the

programme, nothing much would be expected from it.


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There are many problems that haunt APRM including lack of explicit involvement of

local people in APRM. Self-Assessment processes which aim to involve most

stakeholders including non-governmental organisations are usually interfered with by

states sensitive to too much criticisms by some ‘busy bodies’ so that only pliable ones

get invited. South Africa is an exception to this but even here, the ordinary woman and

man on the streets for whom APRM is meant remain largely unaware of the concept let

alone his or her role. This paper is an explicit review of APRM including its weaknesses

and strengths and how the former could be addressed in order to advance the concept

forward.


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

armed insurgencies in Africa

By Norbert Mao

Abstract

Since the 1960s when most African countries got independence there has been a

change of how regimes have been challenged militarily. Warlords and armed insurgents

have replaced coup makers. These intractable conflicts have been motivated by

repressive regimes, marginalization of sections of the country and greed for natural

resources. No matter the interests behind the blazing guns of the insurgents the impact

has been devastating on the countries affected. Populations have been displaced,

human rights protection has been sacrificed on the altar of counterinsurgency

operations, infrastructure has been destroyed and overall economic development has

stalled.

Countries in Africa have adopted various responses to the challenges posed by armed

insurgents. These responses have ranged from denial to ethnic cleansing. In addition

others have marshaled multinational forces under the ambit of the African Union or the

United Nations.

This paper will examine the genesis, evolution and impact of armed insurgencies and

the manner in which they have been dealt with. Case studies of certain prolonged

insurgencies will be made and evidence presented as to why they have persisted

despite determined military responses by the affected countries and their external allies.

The paper will argue that while the governments cannot raise a white flag in the face of

military challenges by insurgents, purely military counter insurgency strategies are notenough. The arena for preventing insurgencies may actually not be in the bushes where

opposing armies contend but rather in the meeting arenas where grievances are

listened to and solutions found that make armed insurgencies unnecessary. In

particular, the paper will argue that democratization processes can snuff out the fire of

armed insurgencies more effectively than any military offensive.


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Enhancing Governance in Public Private Partnerships in Africa: Some Lessons

Learned from South Africa

By

Madeleine C. Fombad

This paper suggests techniques by which governance principles can be effectively

incorporated within the designated objectives of Public-Private Partnerships (PPPs) in.

Africa. PPPs are generally regarded by countries around the world as major innovative

policy tools that could remedy most of the deeply rooted socioeconomic, political, fiscal

and societal problems. To this end, since 1999 most African countries have adopted

the use of PPPs as an integral strategy in their national and international developmental

plan. South Africa is the leading sub-Saharan country in PPPs with robust legislation

and policies. The country has completed some of the most successful PPPs, among

which are the Gautrain state-of-the-art Rapid Rail link network, the Inkosi Albert Luthuli

Hospital, and the building of toll roads (e.g. the N1, N2, N3 and N4). However, with the

growth in international best practice, noticeable governance challenges have been

observed in the implementation of PPPs. In order for African governments to achievetheir developmental objectives by increasing investment in infrastructure and improving

social service delivery, increased attention on issues concerning the effective

governance of PPPs as coherent developmental tools is crucial. This paper draws from

the extent to which governance has been achieved in PPPs in South Africa and

provides some lessons learned that may serve as a platform for the possible review and

enhancing of governance in PPPs in Africa


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Making Electoral Democracies Work to Build the New Africa We Want

Prof Shadrack Gutto

Abstract

In a diverse and complex world, all human endeavours require contextualising in time

and space. Elections, democracy and governance cannot be exempted. In Africa the

African Charter on Human and People’s Rights (ACHPR) enshrines the right of every

citizen to “participate freely in the government of his [and her] country” (article 13). This

right is premised on other related individual and collective rights and

responsibilities/duties. The paper critically explores how these rights and

responsibilities/duties have been elaborated in other Pan-African principles, norms and

standards developed since the ACHPR entered into force in 1986 and the extent to

which, either directly or indirectly, they have been domesticated, harmonised andpractically implemented in selected African countries. The central regional legal

principles and standards framework for elections in Africa is the African Charter on

Democracy, Elections and Governance (2007) which, as the title demonstrates, places

elections as essential component of democracy and governance. The core of

domestication, harmonisation and practical implementation of these and other legal

standards are conceived as dependent on the degree to which the management of

democratic elections and inclusive participatory governance are realised in practice. In

an interconnected and globalised world, it is necessary and essential that regulatory

regimes are properly understood to involve complex mix of the national, regional and

international shared norms, standards and principles and not only the national.

Principles and concepts such as independence of electoral management bodies and

representativeness of the elected are analysed and demystified. People need to

understand the limitations of adversarial party politics and the need to work towards

ensuring that modern patriarchal democracies are transformed into true gender

balanced democracies. The content and implementation of civic and voter education,

reliability of population census and demographic dynamics as well as registration of

voters are examined. The paper raises critical questions including whether the broad

masses are truthfully informed about the significance of the vote. Do the people really

know that elections are not only about democracy but they are also the means foracquisition and control of power of the state and government (the executive, legislature

and judiciary) as well as influence on political economy?


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Session C: Law, Human Rights and Gender Justice for

Africa’s Development

Dr Serges Kamga Culture based gender violence and African development: the role of traditional leaders

in its eradication

Regis SimoNew law and development in Africa: paving the way for regional integration throughharmonisation of laws

Ademola Oluborode Jegede From Africa to the rest : climate change as a human rights challenge

Azubike Oguno & Prof Michelo HansunguleEducation under the African human rights system: A catalyst desired of Africa tomorrow

Olanike S. Odewale (Mrs.)Inter-country adoption as a means of poverty reduction in African Commonwealthcountries

Dr Westen Shilaho African democratic institutions

Gezani BaloyiThe role of Unisa in addressing human rights to rural communities in South Africa

Prof Mammo MuchieThe Epistemic virtue of adding the innovation and Development system approach toredesign a self –reliant and integrated African structural transformation


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Culture based gender violence and African development: the role of traditional

leaders in its eradication

Dr Serges Djoyou Kamga

Gender based violence in Africa is usually culture related. In fact, in some African

countries, traditional customary law is informed by culture and traditions which usually

view violence against women as normal. This normalcy becomes part and parcel of

communities’ and national behavior, is accepted and crosses the boundaries of

traditional set up and finally finds a comfortable place in the national legal system in

general. From a human right perspective, this paper seeks solutions to tackle gender

based violence, starting from its traditional and customary sources. In achieving its

objective, the paper will address the following question: How to ensure gender equality

through established traditional institutions? In answering this fundamental question, the

paper explores African’s commitment to women’s rights. In details, it first looks at the

legal foundation for the eradication of gender based violence. Secondly, it investigates

women rights’ abuses in various parts of Africa as they relate to cultural practices.

Thirdly and more importantly, the paper discusses the “sacred traditional institutions”

upon which women rights abuses find their “legitimacy” and argues that traditional

leaders have a fundamental role to play in ensuring women’s dignity on the continent.

The paper demonstrates how traditional leaders can in practice become the most

important machines to change the status of women; change which may be considered a

“sacrilege” if coming from outside traditional institutions.


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New law and development in Africa: paving the way for regional integration

through harmonisation of laws

Regis Y. Simo

Investors until quite recently tended to associate doing business in developing

countries, and sub-Saharan Africa in particular, with high risk.i Even though each

investment decision comes with an associated risk, there are always some standards of

protection that host States must usually comply with toward potential investors.i

However, when domestic law is considered too obsolete to fit into the new environment

in which it now finds itself operating, and its effects unpredictable, the secured (legal)

environment for attracting such investment is absent. This eventually calls for a

remedial action, hence a legal reform, in order to achieve this objective.

______________________________

PhD Candidate in International Law and Economics at Università Commerciale L. Bocconi (Milan). The author

holds a LL.M (Fribourg), MSc. in Comparative Law, Economics and Finance (International University College ofTurin), MLaw (Yaoundé II), LL.B Hons (Buea). Early draft of this paper was presented at the 2013 IGLRC at

King’s College London. The ‘ Fondazione CARIPLO’ Mobility Grant to attend that conference is hereby

acknowledged.

i Once considered a ‘failed continent’, Africa is increasingly widely recognised as ‘the world’s fas test-growing

continent’ with an unprecedented flourishing economy since the independence of many of its countries. With this

new booming economy comes a renewed interest of global investors. See August, O. 2 March 2013. The world’s

fastest-growing continent: aspiring Africa. The Economist , available at

, accessed 25 March 2013.

i These standards of protection, beyond the minimum standards provided by customary international law,

are generally written down in (bilateral) investment agreements and they govern the conditions underwhich investment flows from one country to another should be regulated, with many obligations

incumbent upon the Host State. The latter often not only guarantees physical protection and security of

investments, but also ensures that the laws remain unchanged or do not otherwise adversely affect

investors’ rights. Plus, the Host States also provide for remedies usually in the form of compensation

upon expropriation. For an account of the principles governing international law of foreign investment,

see in particular Dolzer, R. & Schreuer, C. 2013. Principles of international investment law. 2nd edition.

Oxford: Oxford University Press.


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

By

Ademola Oluborode JegedeAbstract

Defined as the human development challenge of the 21st century, there has emerged a

global consensus on the reality of climate change and its negative regional implications.

With an economy largely dependent on agriculture, limited adaptation capacity and

repercussions of mitigation strategies adopted by the rest of the world, populations in

Africa are, and will be affected by climate change, more than the populations in other

regions of the world. This is despite contributing least to the cause of a phenomenon

which mainly originates from the developed nations of the world. In general terms,

established areas of climate change impact for Africa, actual and projected, are

documented as water resources, food security, natural resource management and

biodiversity, human health, settlements and infrastructure, and desertification.

While the above impact scenarios are related to several aspects of human rights, it is

only recently that the link between human rights and climate change is recognised

through the reluctant adoption of Resolution 7/23 by the United Nations Human RightsCouncil in 2008. A great challenge in the debate is the extraterritorial nature of the

cause and impact of climate change which as was argued makes it less amenable to

human rights application. Yet, considering the disproportionate impact of climate

change on its populations, Africa should take the lead in the application of climate

change as a human rights challenge.

This paper argues that considering its potential to affect and be affected by human

rights, climate change is a human rights challenge. It then explores the normative and

remedial bases which support the extraterritorial obligations toward addressing climate

change as a human rights challenge by Africa.

Institutional Affiliation: Centre for Human Rights


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Education under the African Human Rights System: A catalyst for the desired

Africa of tomorrow?

By

Michello Hansungule and Onuora-Oguno Azubike

The paper investigates the concept of education as a human right under the African

human rights system and whether the realization of the right to education is capable of

being a catalyst for the desired Africa in terms of development, good governance and

rule of law. While some argue that education is part of the advent of the colonial

masters we argue in this paper that Africa had its own concept of education which was

gradually leading it to its development. It is further canvassed that for good governance,

rule of law and development to be entrenched in Africa, there is need to rediscover the

African conceptualization of education elevating it to its position as a right for every

individual and not a privilege.

Keywords: education, Human rights, Good Governance and Development

Prof. Michelo Hansungule, Academic Co-ordinator, LLM ((Multidisciplinary Human Rights) and MPhil

(Multidisciplinary Human Rights) Centre for Human Rights, University of Pretoria, [email protected]

Onuora-Oguno Azubike holds a LLM from the University of Pretoria South Africa where he is currently an LLD

candidate under the supervision of Prof. Hansungule. [email protected].



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

Olanike S. Odewale (Mrs.)

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

extreme poverty and its vulnerabilities and limitations, to the wealth, comfort, and

opportunities of developed nations. The nature of poverty in some parts of Africa

underscores the impetus to rescue children from its harsh effects. In Africa, an

estimated 800 million to 1 billion people live below the international poverty line of $1

per day, with perhaps another 1.5 to 2 billion living on less than $2 per day. Parentsliving under or near the international poverty line usually struggle to provide bare

subsistence for themselves and their children, and many children and adults suffer from

malnutrition and the lack of clean water, sanitation, electricity, medical care, housing

and education. These African children are also vulnerable to other harms such as child

labour, debt bondage, child prostitution, and child trafficking. It is noteworthy that many

African Commonwealth countries have impeded inter-country adoption based on

concerns with neo-colonialism, power imbalances, and the child’s loss of her original

culture, nationality, language, and identity. This paper will consider whether inter-

country adoption should be expanded in these African Commonwealth countries. This

paper explores the question of whether inter-country adoption is an effective,

appropriate, or ethical response to poverty in African Commonwealth nations and

advocates for inter-country adoption as a means to achieve poverty reduction in Africa.


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Subtheme: African Democratic Institution

Westen Shilahoi

[email protected]

Africa has made great strides towards consolidation of democracy since the end of the

Cold War in 1989. The era of authoritarian Big Man politics and tin pot dictatorships

seems to be over. It is now common practice for periodic elections to be held in Africa

although to varying degrees of credibility. It is anathema for one to access to power by

the barrel of the gun and end up being Africa’s spokesman at the international stage as

was the case previously. The African Union (AU) through its Constitutive Act outlaws

any undemocratic means of ascending to power. This is meant to secure the continent’s

democracy as a prerequisite to economic, social and political development. However,

political trends in some African countries indicate that old habits die hard. Coups still

occur although sporadically and when they do, AU is swift in cracking the whip. In other

African countries, democracy is simply equated to dubious elections. The Big Man

syndrome is fighting back through arbitrary amendments to constitutions to remove termlimits and intolerance against opposition organisation. The searching question to pose

is: Why the recrudescence of these old political habits? The rule of law and

accountable and responsive leadership must be integral to governance in Africa

otherwise Africa’s democratisation process will stumble on challenges such as

malfeasance, poverty, socio-economic inequalities, oligarchy and impunity. These

challenges impede Africa’s development since they stymie a sense of nationhood as

they cause societal fragmentation owing to economic and political exclusion. Equitable

distribution of resources, inclusive politics, constitutionalism, strengthening of

institutions, such as the judiciary and electoral bodies will ensure that democracy

continues to find traction on the continent. The caution is that Africa’s economic success

could be its Achilles heel unless its benefits trickle down to the populace.


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

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

context

Dr Samuel Oloruntoba &Prof Vusi Gumede Regional hegemons as catalyst for continental integration: Nigeria & South Africa

WP Nel Can Africa’s human development index be engineered to a level greater than 0.8?

Prof Dejo OlowuPost-Monterrey Consensus: Foreign Aid, Normativisation and the future of humandevelopment in Africa

Amos Saurombe African resources and markets: The mortar for BRICS

Mubarak Adekilekun & Dr CC GanPublic Private Partnerships in infrastructure development in Africa: a panacea to socio-economic growth and development

Dr Patience KabambaHuman Economy in Africa

Victoria QhobosheaneThe Impact of EPAs on African Development

TK Pooe & Prof Vusi GumedePan-Africanism & African Renaissance for the 22nd Century


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The integrative function of the African Union Commission: Reconsidering the

operational context

Dr Babatunde Fagbayibo

At the locus of the matrix of continental integration lies the African Union Commission

(AUC). The reference to the Commission as the "engine room" stems from the critical

roles it is expected to play in deepening continental integration efforts. According to

Article 3(2) of the Statute of the Commission, the AUC is broadly tasked with two

essential integrative functions: initiation of policy measures and the implementation of

measures taken by other organs of the AU. While the Commission has relatively done

well in terms of initiating policies, the main problem lies in the weakness of itsimplementation mechanism. This limitation stems from the context of its operational

environment. These include the lack of political will by African leaders to empower the

Commission, the lack of legal instrument(s) and policies that clearly define the modus

operandi of implementation, and limited financial and human resources to exercise

some of its critical functions. This situation thus highlights the question on how best to

ensure that the Commission can effectively carry out its integrative functions. This

article argues for a rethink of the operational context of the Commission. In this respect,

some practical measures for addressing the obstacles to the proper functioning of the

Commission are proposed. These include politico-legal measures that redefine the

visibility and the context of the relationship between the AUC and other organs of the

AU, and also with member states, especially as it relates to the inclusive nature of policy

formulation and implementation.

________________________

Dr Babatunde Fagbayibo, senior lecturer, Department of Public, Constitutional andInternational Law, School of Law, University of South Africa. ([email protected]) ([email protected])



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Can Africa’s human development index be engineered to a level greater than 0,8?

Mr WP Nel

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

high human development. The HDI is an important metric and indicator of economic

development. Evidence points to a positive relationship between the number of

engineers per kilo-capita in a country and the HDI. Can engineers contribute towards

economic development and the African Renaissance? How? Cross-country statistics

indicate that developed countries have more engineers per kilo-capita than developing

countries. Are the relatively low numbers of engineers per kilo-capita in African

countries one of the reasons why Africa is lagging the developed world? These

questions are analysed by identifying, from the literature, a number of channels through

which engineers contribute towards economic development. The “∆Infrastructural

capacity –> ∆Economic growth -> ∆HDI” channel is one of a number of channels

through which engineers contribute towards economic development. Another channel,

the “∆Technological innovation -> ∆Economic growth -> ∆HDI” channel, points to the

fact that technological innovation not only played a significant role in the engineering ofgreat empires of the past, but also contributes significantly to the success of modern-

day, developed countries. “Engineers per capita” data from various sources are

analysed and problems relating to the availability and reliability of data are discussed.

The channels and data provide some basis for developing and analysing policies

concerned with increasing the engineering capacity of a country and the level to which

this should be done. One of the options available to countries with a shortage of

engineers is to recruit them from elsewhere. This policy is followed by Kenya, which

considers the shortage of local engineers a risk to its long-term development and

competitiveness. The current shortage of engineers will be briefly commented on.


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Post-Monterrey Consensus: Foreign Aid, Normativisation and the Future ofHuman Development in Africa

Dejo Olowu

Research Professor of Law, North-West University (Mafikeng Campus),Private Bag X2046, Mmabatho 2735, South Africa; Email: [email protected]

Phone: +27-83-207-5238; Fax: +27-86-660-2669**********************************

Sub-Theme: Good Governance

ABSTRACT

This paper proceeds from the understanding that a convergence of events and

developments in the second decade of the new millennium make revisiting the

questions around aid effectiveness quite critical for understanding current human

development challenges in Africa. Against the backdrop of the manifold global crises

particularly relating to livelihood, climate change, and indeed sustenance for millions of

human beings, it becomes even more important that these questions be brought to the

fore as they reflect on Africa’s pronounced systemic and structural human development

problems. The timing of this paper is actually auspicious considering that 2012 marked

a decade since the Monterrey Consensus and the adoption of its resultant Declaration.

Flowing from this original multilateral endeavour at crystallising a paradigm shift among

role actors on the need for new approaches to foreign aid and development planning as

well as the concerted efforts at standardising development assistance practices over the

past decade, critical questions emerge: (i) Beyond merely pronouncing new pathways of

responses for dealing with the critical issues around aid, has the ‘new’ understanding

impacted Africa in any different way? (ii) Could there be more than mere political

explanation for the intrigues and divergence surrounding the ever-evolving principles on

new aid architecture as propounded by various multilateral actors? (iii) In light of the

noticeable contradictions in the approaches of donors and recipient governments to new

aid architecture, what implications do these distinctions portend for aid effectiveness in

Africa such that will promote human development in real terms? (iv) If development aid


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is particularly key for the very survival of poor people in Africa, should there not be the

identification of more radical strategic designs – within and outside African Union

structures – that will counter-balance the shortfalls of the dominant approach to foreign

aid and development planning? Extrapolating from the normative initiatives and

developments on the subject as well as learned experiences across world regions, this

paper attempts to respond to this plethora of questions, proffering cutting-edge

responses that could transform the landscape of aid architecture and development

agenda for Africa and Africans.

Keywords: international development; development assistance; development process;

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


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African resources and markets: the mortar for the BRICS

Amos Saurombe *

Abstract:

The BRICS formation has attracted both negative and positive attention internationally.

An analysis of this group of countries reveals that they share some fundamentals

features while having differences in others. The formation of the “BRIC” and the addition

of South Africa to make “BRICS” was motivated by global economic developments and

change in the geopolitical configurations. When South Africa joined in 2011, it became

clear that Africa will be put on the BRICS agenda. This was confirmed by the first

BRICS Summit in Africa in 2013 whose theme was “BRICS and Africa: Partnership for

Development, Integration and Industrialisation.” A number of African countries were

invited to participate in the Summit. This paper seeks to analyse the role of Africa in the

BRICS formation especially within the context of South Africa being referred to as “the

gateway to Africa”. This paper will argue that this gateway is not necessarily a new

scramble for Africa but an attempt by this group to grab a lion’s share of Africa’s

resources and markets. It is therefore justified to use the metaphor describing Africa as

“the mortar for the BRICS”. African resources and markets have provided some form of

workable paste that binds the BRICS together. If Africa is of such an importance, it is

therefore essential that Africa’s strategic development interests are put on the agenda.

The paper recommends that the role of Africa in BRICS be clearly defined within the

context of regional and continental integration as a way of fostering socio-economic

development.

*LLB,LLM,LLD - Associate Professor of law in the College of law at the University of South Africa (Unisa).


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PUBLIC-PRIVATE PARTNERSHIPS IN INFRASTRUCTURE DEVELOPMENT IN

AFRICA: A PANACEA FOR SOCIO-ECONOMIC GROWTH AND DEVELOPMENT

M.T. Adekilekun*

C.C. Gan**

ABSTRACT

Infrastructure development is arguably the most important factor for economic

development of any nation. Infrastructural facilities are the wheels which drive a nation’s

economy. They provide the enabling environment for sustained and sustainable

economic growth and helps in eradicating poverty. Africa faces huge infrastructure

deficits and challenges. Generally speaking, the state of infrastructure development in

Africa does not meet the requirements for economic development. A World Bank report

stated that for Africa to fill the infrastructure gaps, an annual expenditure of $93 Billion

would be required within the next ten years.i It is therefore apparent that governments

alone, even at the best of times lack the capacity to provide for the infrastructure

requirements of Africa. This clearly underscores the need for the participation of the

private sector through Public Private Partnership which has been recognized as a global

panacea for infrastructure deficits particularly in developing economies. It is therefore

argued in this paper that PPP has the vast potentials to supplement Africa’s critical

infrastructure gaps, where about 587 million people lack access to electricity, i almost

300 million have no access to safe and clean water i and about 93% of the population

has no access to internet facilities.i Public-Private Partnerships will ultimately boost the

socio-economic growth and development in the continent and help it to achieve the

Millennium Development Goals.

* Lecturer, Department of Business Law, Faculty of Law, University of Ilorin, Nigeria. LL.M, BL, LL.B. Currently, Ph. D candidate,Faculty of Law, University of Malaya, 50603, Kuala Lumpur, Malaysia.** Lecturer, Faculty of Law, University of Malaya, 50603 Kuala Lumpur, Malaysia. LLB, LLM, Ph.D. Key research area, Administrative Law.i Transforming Africa’s Infrastructure. Retrieved fromhttp://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:22386904~pagePK:146736~piPK:146830~theSitePK:258644,00.html

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

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

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

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


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The Impact of EPAs on African Development

VT Qhobosheane

ACP countries and African countries in particular have been negotiating a set of free

trade agreements impacting differently in their economies.

In 2000 the European Union introduced a system of Economic Partnership Agreements

as a new framework to focus official development assistance and mainly trade relations

with the African Caribbean and Pacific (ACP) countries. The EPA’s will replace the

Lome Conventions which characterised trade and development cooperation between

the EU and developing countries between 1975 -2000. Under the Conotou Agreement,

which governs the EPAs, negotiated agreements with the EU will be reciprocal ending

the preferential trade agreements regimes enjoyed by ACP countries under the Lome

Conventions. The principle of reciprocity requires that ACP countries reduce tariffs to

80% of the EU imports while the EU will reciprocate through 90% reduction to the ACP

goods.

The paper assesses the extent to which the proposed framework of EPAS within the

context of reciprocity will impact on trade facilitation, economic development and growth

in developing countries in general and particularly in the Sub-Sahara region. In

particular the analysis focuses on the following areas: The performance of the ACP

countries under non- reciprocal trade arrangements, and whether these did translate

into trade gains to these countries, the effects of market liberalisation on the general

economy, industry , welfare and the revenues of the ACP countries , impact onregional integration with a focus of the Sub-Sahara countries, the potential

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


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The main conclusion that can be drawn from this analysis is that the EPAs through full

reciprocity will be costly for Africa irrespective of how the issue is looked at either

though loss of the revenue or loss of industry.

However, the region has the potential to develop an industrial base with the focus on

deep regional integration with a view to enhancing intra-regional trade. The role

The role of sensitive sectors is very important for EPAs to benefit Africa – in particular

the region should use product exclusions to strategically position themselves according

to their different comparative advantages in a manner that will allow for industrialisation

and encourage agricultural expansion considering that agriculture caters for the rural

population which is about 90% of the Africa’s population

The EU protection measures and related policies including the sanitary and

phytosanitary requirements will lead to negative trade gains for Africa. It is in the

scenario where there is full access to the EU market that even with reciprocity that

Africa can benefit from the EPAs.

.


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SESSION E

Seth Opuni Asiama & Eric YeboahLand and economic development in Africa

Khali MofuoaFinding solutions to Africa’s pro-poor growth for development: the case of Lesotho

Prof Sam Moyo Land & Agrarian Reform for Africa’s Development


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

empirical analysis

Ayodele Odusola, PhD

Over that past decade, Africa has experienced unprecedented demand for large scale

agricultural land. It accounts for more than half of the volume of land and close to two-

thirds of the total deals globally. Yet, there is dearth of empirical evidence on demand

for arable land in Africa. This paper provides some econometric analysis of the key

determinants of large scale land acquisition in Africa. Evidences from bivariate and

multi-variate analyses show that both economic and institutional factors play some

critical role in explaining demand for arable land in Africa. Key determinants include

dominance of yield gap, low per capita income, abundance of inland water resources,

low property rights and prevalence of corruption. To make the recent surge in land

demand beneficial in terms of agricultural transformation, improved livelihoods for the

rural people and reduce poverty, it is important to ensure both economic and

institutional determinants create positive incentives to the local economy and the poor.

This includes making fertilizer available, increasing local farmers’ access to agricultural

infrastructures (e.g. irrigation, tractors and storage facilities), investing in land

registration and certification and improving land governance and procedures.


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LAND AND ECONOMIC DEVELOPMENT IN AFRICA

Prof. Seth Opuni Asiama

&

Dr. Eric Yeboah

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

development. Abundant supply of land which is endowed with an endless list of

minerals should positively affect economic development and people's livelihoods. This

has not been the case with Africa. Africa appears to lead in almost all the indicators ofunderdevelopment despite recording some impressive economic growth over the last

decade. The paper critically synthesizes a broad spectrum of literature to examine

Africa’s land and economic development paradox, using three of the often neglected

parameters: urbanization, urban planning and proliferation of slums; land related

investment and livelihoods; and gender considerations and social inclusion. The paper

then offers some thoughts to improve the current state of affairs by highlighting the need

for locally inspired innovative approaches to land governance.

UNISA Decoloniality Conference

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