The International Criminal Court ("ICC") is due to decide this week whether it will issue a warrant for the arrest and prosecution of Sudanese President Omar al-Bashir for war crimes and crimes against humanity committed in Darfur. Bashir is accused of being leader of the government responsible for arming and training the janjaweed militia and ordering them to attack members of the Fur, Masalit and Zaghawa tribes in Darfur. Bashir’s pretext for the attacks has always been ‘counterinsurgency’: he claims that the measures are part of a campaign to defend the country against Darfuri rebel groups who took up arms against the Sudanese government in 2003. The Prosecutor of the ICC, Luis Moreno-Ocampo, calls it genocide.
Reflections on Sudan, Bashir and the ICC
Tuesday, March 3 2009 By Kristen | 6 comments
Continue reading ...
No peace without justice?
Tuesday, February 17 2009 By Kristen | 8 comments
"No peace without justice!", or so the lofty slogan of the movement for international criminal justice goes. Thus the State parties to the Rome Statute of the International Criminal Court, the newest and boldest entrant on the scene, declared themselves (amongst other things):
Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity…
and
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes…
and therefore
Resolved to guarantee lasting respect for and the enforcement of international justice.
Continue reading ...
South Africa: Hearts & Minds
Wednesday, January 21 2009 By Kristen | 3 comments
Before moving elsewhere on the continent, two recent events make it timely and appropriate for me to update my analysis on the recent shift in South African politics and the formation of a new political party, the Congress of the People ("Cope"), as a counter-weight to domination by the ANC:
1) On 10 January 2009 the ANC celebrated its 97 year anniversary in a stadium in East London, Johannesburg packed with over 60,000 supporters. The ruling party used the occasion to officially launch its election campaign and endorse its controversial candidate, Jacob Zuma.
2) Two days later a South African appeals court reversed a decision to dismiss corruption charges against Zuma, clearing the way for the National Prosecuting Authority ("NPA") to proceed with charges of racketeering, corruption and money laundering against the would-be President. The NPA has declared that it will continue to prosecute Zuma even if he is elected President, which is almost certain. The ANC has affirmed that Zuma remains their candidate, notwithstanding the charges and the prospect of criminal sanctions against him.
Back in the Ring
To many South Africans, the re-surfacing of the affair is yet another reminder of Zuma’s unfitness as leader of South Africa. What makes this election different is that for the first time they will actually have a credible alternative. Support for Cope appears to be gathering apace, with the party recently reaching 500,000 registered members. It released the results of its inaugural conference yesterday, and plans to launch its election manifesto in February.
To date Cope has defined itself primarily by its opposition to Zuma and his controversial leadership of the ANC. If it is to become a significant force in South African politics, it will need to articulate a policy platform which sufficiently differentiates it from its rival. I recently spoke with Rhodes scholar and South African political analyst Mandisa Mbali and South African blogger Obakeng Mfaladi about the potential impact of Cope. According to Mbali, the differences between the two rivals, at least in terms of substantive policy, may be more imagined than real.
And in the Blue Corner...
Cope’s central policy appears to be reform of the electoral system, including direct election of the President by the people. Such a system would have prevented the ousting of Thabo Mbeki in September 2008, an act many South Africans feel was unjustified and disruptive, which left them with a powerless and unaccountable caretaker government in a time of great economic consequence. Cope President Mosioua Lekota has also frequently criticized the ANC for undermining the independence of the judiciary by seeking to influence the outcome of the corruption charges against Zuma. A Cope government, by implication, would respect and uphold the rule of law.
Finally, Cope’s leaders have made statements suggesting they would end (or at least reform) the government-sponsored policy of Black Economic Empowerment ("BEE"). Originally intended to redress years of discrimination against black South Africans, BEE has more often benefited a small group of wealthy South Africans, usually connected to the ANC. Although as Mfaladi notes, Cope’s position on this is far from clear.
This is where the material differences end. In terms of macroeconomic policy, Mbali felt that the two parties would most likely finish up speaking with one voice. So the struggle essentially becomes one for the ‘hearts and minds’ of the country, based on the relative moral authority of each party (and leader) to govern the nation. Given Zuma’s History (see my post below), this should be an easy contest. However, the ANC still benefits from huge amounts of political goodwill as leader of the anti-apartheid struggle and heir to the Mandela legacy. To many South Africans, a vote against the ANC is akin to heresy.
The Power of Symbolism
But it is heartening to learn that Cope is beginning to make in-roads into the ANC’s dominance in this regard. As Mbali points out, the ANC’s claim to almost exclusive ownership of the victory over apartheid has always been questionable.
There were other powerful anti-apartheid political actors at different stages of the nationalist regime's four and a half decades of rule. Many of the ANC’s top leaders were in exile during the crucial years of the struggle, leaving the battle on the ground to trade unions and other civil groups. Additionally, many of Cope’s leaders themselves boast impressive anti-apartheid credentials. Lekota was leader of the United Democratic Front, a coalition of liberation movements, civil society and religious groups. He also served four years in prison for treason, on top of six years in jail on Robben Island a decade earlier. Cope’s ability to challenge the ANC as chief architect of South Africa’s political freedom will distinguish it from other less successful opposition parties.
So it seems as if this time the devil is not in the detail. Rather, the 2009 South African elections will be based broadly on the moral fitness of Zuma and the ANC to govern. Nobody is suggesting that the ANC will be defeated, but the elections will be important to show just how much support it has lost. More importantly, the size of any swing to Cope will give an indication as to whether the party can hope to be a real threat to the ANC in the future. It has demonstrated that it is able to take the fight to the heart of the ANC’s power base and therefore stands a good chance.
Photo credits:
Flickr//Gregor Rohrig
Flickr//Nancy Crisp
Flickr//80sAustin
Revolution in the Rainbow Nation?
Monday, December 15 2008 By Kristen | 13 comments
On 16 December 2008, disgruntled members of the African National Congress, the party which has guided the most prosperous African nation from apartheid and international isolation to political and economic success, will launch a new political party. The split comes at the end of a very bitter and public feud between former South African President Thabo Mbeki and his rival and likely successor Jacob Zuma. It is the most serious split in the ANC’s 96-year history. Certainly, the formation of any party capable of seriously challenging the political hegemony of the ANC and moving South Africa closer to a true multi-party democracy must be welcomed as a very good thing. But is there also a chance that the bad blood between the two factions will spill over into violence during the elections, due in April next year?
In speaking recently with South Africans (both expatriate and local), I found plenty of reasons to be optimistic. However, I also found plenty more reasons why the situation should be watched closely. The world cannot afford to lose South Africa, in the same way it has lost Zimbabwe and as it almost lost Kenya.
REASONS TO BE OPTIMISTIC
1) A credible opposition is exactly what the ANC and South Africa need:
One big reason to be optimistic is the incredibly positive change a strong opposition could bring about in South Africa. After 14 years of virtually unchallenged rule, the ANC has become corrupt, nepotic and intolerant of opposition. A significant political rival is needed to prevent South Africa from sliding into yet another post-liberation African autocracy. To quote Nobel Peace Prize laureate Archbishop Desmond Tutu, "… democracy flourishes where there is vigorous debate."
The leader of the new party, former Defence Minister Mosiuoa Lekota, has in the past painted himself as a defender of justice and morality. He could be just the right man to lead an opposition capable of forcing the ANC to confront its problems, get rid of its rotten elements, and restore itself to some semblance of the party of Nelson Mandela.
2) The new party’s recent birth
At this point it is impossible to predict how much support the new party will win. More than likely, in the upcoming elections the ANC will lose its majority in a couple of provinces, but it will not lose control of the country. This will be enough to shake the ANC’s confidence and compel it towards some serious introspection without provoking a violent reaction from Zuma’s more aggressive supporters. The party could then become a real threat to ANC power in, say, 10 years from now. Given the timing, this is probably the best we can hope for.
South Africans I spoke with noted that the party seemed to be gathering significant support. However, one expat felt that its success would be dependent upon its ability to attract big ANC names and to appeal to South Africans from across the nation’s many diverse ethnic groups. As for the first point, its members now include Mbhazima Shilowa, former Premier of the area around Johannesburg, and former Deputy Defence Minister Mululeki George. It also has Mbeki’s de-facto (although not formal) support. As for the second, the new party certainly has the potential to appeal to a wide range of South Africans unhappy with the deterioration of the ANC and frightened by the prospect of a Zuma presidency. Let’s hope that it campaigns on this basis rather than just exploiting old tribal fault lines.
3) Race is not such a big deal
The election violence in Kenya which shocked the world in December last year had ethnic as well as political roots. Mwai Kibaki, the incumbent President belonged to Kenya's largest tribe, the Kikuyu. His challenger, Raila Odinga, came from the second largest, the Luo.
Nelson Mandela made racial harmony amongst South Africa’s very large (and growing) number of ethnicities one of the mantelpieces of his presidency. On this score, all things considered, in recent history and given its limited resources, South Africa has been doing relatively well. It seems to me that ethnic differences are simply not as pronounced here, which makes it harder for political parties to gain traction by exploiting prejudices, and less likely that ethnic violence will erupt.
So from the perspective of South Africa’s political development, this is all very positive news. All going to plan, the ANC will soon have its first credible opposition and South Africans will have a real choice at the ballot box. But with the hope of a continent resting on its shoulders, the world cannot afford to take its eye off the ball in South Africa. The following give us reasons to watch the lead up to the elections very closely.
REASONS TO BE WATCHFUL
4) The new party’s shaky beginnings
Probably the biggest reason to be fearful that South Africa’s transition to a multi-party democracy will not be smooth is the backdrop against which it is taking place. The new party has its genesis in one of the most bitter and public political feuds in the ANC’s history. The dispute between Mbeki and Zuma began in June 2005 when Mbeki dismissed Zuma as Deputy President of South Africa after the conviction of a close associate of Zuma for fraud and corruption. It ended with Mbeki’s humiliating defeat by Zuma in ANC presidential elections in December 2007. Mbeki was finally forced to resign as President of South Africa on 12 September 2008, leaving a caretaker in place until the next elections. In protest, many of Mbeki’s supporters (including Lekota) have walked out of the ANC and joined the new party.
Supporters of the two factions have already faced off at recent public rallies. At a rally for the new party, its supporters ripped up pictures of Zuma and wore t-shirts with Lekota’s face stating ‘Ready to govern and Save South Africa from Tyranny’. Others held placards with the slogan ‘Save us from the ANC warlords’. In response, Zuma supporters chanted angry slogans and tried to stop people joining the rally. Others danced, shouting "Kill Terror [Lekota]". Police units were required to prevent violence breaking out.
With all this built-up antagonism, is a peaceful transition really possible?
5) Zuma
The second biggest reason to fear for South Africa is Jacob Zuma himself. Even if we ignore the conflict with Mbeki, there are many reasons for which his presence alone within the very kernel of South African political power gives cause for concern. First is his possible involvement in a shady $4.8 billion arms deal in 1999. His close associate, Schabir Shaik, was found guilty of fraud and corruption in connection with the deal in June 2005. It has followed Zuma around like a bad smell ever since.
Next is his chauvinistic attitude towards women and his appalling comments on HIV/ AIDS. In February 2006 Zuma was tried for the rape of the HIV-positive daughter of a family friend. Although acquitted, South Africans were shocked by Zuma’s remarks during the trial such as: that he knew she wanted to have sex with him because she was wearing a short traditional wrap-around; and that he did not use a condom but took a shower afterwards to prevent HIV infection. As the former head of South Africa’s AIDS Council and the man poised to become president of the nation with the largest number of HIV sufferers in the world, such comments are irresponsible in the extreme.
Finally, he seems to encourage the use of violent tactics by his supporters. ANC members have threatened to "kill" if Zuma is prevented from winning elections in 2009. His theme song is "Umshini wami" (Bring me my machine gun), which he sings at public appearances. Can we really expect a healthy democracy to flourish with this man at the helm?
One expat I spoke to remarked that learning of Zuma’s election as president of the ANC was:
"… the first time I’ve become nervous about the future of South Africa".
Later, he was less restrained: "the man’s morals are f…d."
6) Race, class and power
The final reasons to watch out for problems at the next elections are to do with the prevailing social and economic circumstances in South Africa. For although not all the same ingredients which fuelled the violence in Kenya and Zimbabwe exist in South Africa, some of them certainly do.
There is, for example, an element of tribal divisions in the current dispute. The ANC has been led by members of the Xhosa tribe since its ascension to power in 1994: first Mandela then Mbeki. Zuma on the other hand is Zulu, and his supporters claim that members of the new party are simply Xhosas angry at having lost what they see as their traditional leadership role. Xhosas are therefore more likely to support the new party, and Zulus the ANC, according to this theory.
Whatever the reality, there was definitely the perception amongst the South Africans I spoke with that race is being stoked by politicians and that its profile as an issue is rising. For example, Zuma’s supporters have worn T-shirts proclaiming his "100 percent Zulu" roots. Promoting racial difference for political gain is never a good idea. In Africa it can be lethal.
All this is exacerbated by the fact that the benefits of the economic growth of the past ten years have not been evenly spread, accruing mainly to white and a few middle class black and mixed race South Africans, who usually have connections to the government. Only this select group has been able to obtain an education and win government contracts and tenders. The remainder of ordinary South Africans have actually become poorer. Unemployment ranges between 25 – 40% depending on the definition, one quarter survive on government handouts, and almost half still live in poverty. One expat who regularly visited the township of Sebokeng as part of his work with the Truth and Reconciliation Commission, reported that it had become visibly poorer within the last two years.
Zuma has been gaining political capital by blaming these inequalities on the Mbeki government and his supporters, now in the new party. He portrays himself as a ‘man of the people’ who understands the problems of the poor, having come from a very poor family and having received very little formal education. He criticizes the new party as being a rich man’s club.
WHY DOES IT MATTER?
In summary, the great personal enmity between the two rival factions coupled with a worsening economic situation and a leadership unafraid to exploit tribal divisions gives the world plenty of reasons to watch for flare ups during the elections and be ready to move swiftly and decisively if needed. If South Africa crumbles, it could take the whole of Southern and parts of East Africa with it.
Nevertheless, there remain plenty of reasons to be hopeful. The new party could rise above its inauspicious beginnings to become a force for positive change in South Africa. Remembering the birth of feminism at the end of the second world war, the creator and author of mhambi.com, an excellent and very interesting blog about South African politics and also one of the expats I spoke with for this article, noted that: "sometimes good things can come out of bad things."
Or to quote another expat, now living in the UK: "Hope for Africa lies in South Africa", which underscores the most important reason to be optimistic: we have to be.
Photo credits:
Flag: Flickr/coda
Mandela: Flickr/pantone801
Zuma: Flickr/albertbredenhann
Welcome to Africa Live
By Kristen | 17 comments
Welcome to Africa Live. This blog is a homage to the "luminous continent" (to quote Bob Geldof) and my small attempt to change the lack of awareness, misconception and prejudice with which it is often surrounded.
As a lawyer, I always try to check my sources. No one is completely objective, because there is no such thing as absolute truth, especially not with respect to the issues that I intend to explore in this blog. Therefore I think it is important to know from what perspective information comes. What natural bias. Charlie Beckett of the London School of Economics has said this best:
I do not pretend to be objective. I never really have as a journalist. I strive towards fairness, accuracy, and thoroughness, but I refuse to pretend that I am merely a cipher, a neutral medium through which facts and opinions pass unhindered to the public (Super Media: Saving journalism so it can save the world, p.3).
So here is a little about my perspective.
Who am I?
I’m an Australian lawyer residing in Paris, where I have lived for the last two years. I am currently working in finance law but recently spent six months as a Defence Intern at the International Criminal Tribunal for Rwanda in Tanzania. It was here that the Africa bug bit me, and I have returned at each possible opportunity. I have visited Rwanda, Tanzania, Kenya, DR Congo, Namibia and South Africa.
I think my experience working in Defence at the ICTR probably informs my perspective more than any other. This work taught me that there are always other sides to the story. Every dispute, every event, every history is complex and multi-layered, and there is no final ‘truth’. Only overlapping and contradicting perspectives.
Africa Live welcomes other contributors. If you would like to write for Africa Live please send me an email at: africalive[a]cafebabel.com.
What am I hoping to achieve?
Essentially, I would like to bring Africa to Café Babel’s European audience. I will try to make the posts as relevant to European readers as possible. However, given the geographical proximity between the two continents and the number of African immigrants in Europe, I think all major events and trends in Africa are important.
I will also strive to bring you stories of hope from Africa, in addition to the all too familiar tales of war, famine, corruption and exploitation. It is still important that the world hears about these tragedies, but they only tell half the story.
Why am I doing this?
Because Africa is important and the world should know about it, generally speaking more than it does. Too many of Africa’s current problems are being exacerbated by the ignorance of the people involved in fixing them.
Many people have asked me what it is about Africa that has so bewitched me. This blog is in part an answer to them. I would like to be able to show you, in some small way, the Africa that I fell in love with: the Africa of light and sunshine, of women in bright coloured kangas, of a thousand different sounds, languages, tastes and experiences, where each day holds the promise of a new adventure. A world which, away from the cushions of Western existence, taught me how to experience the full range of human emotions: from love, joy and happiness to frustration, anger and despair. Sometimes all in one day. The Africa that is raw and brutal but at the same time beautiful in its honesty. The Africa that is truly alive.