Wednesday, 17 September 2014

AU youth consultation on democracy & governance


15 September 2015, was the International Democracy Day.

The theme for this year’s celebration was “Engaging young people on Democracy”. More than 100 young people from across the African continent  commemorated the day in Nairobi, Kenya.

They were part of select group of youth leaders attending a three day consultation on “Silencing the Guns: Youth building a culture of democracy and peace in Africa.”

The consultation is convened under the auspices of the African Governance Architecture and Platform of the African Union. The young people are responding to the call by African leaders to end all wars on the continent and silence all guns by 2020 as part of the 50th Anniversary Solemn Declaration of May 2013.  

The High Level Dialogue and pre-consultations are convened by the African Union in partnership with the United Nations Development Programme and GIZ.

Statement on the commemoration of the International Day of Democracy - Engaging young people on Democracy was delivered by  Amb Aisha Laraba Abdullahi, Commissioner for Political Affairs.


In Africa Young people continue to innovate and lead creative ideas aimed at addressing governance challenges and deepening democracy. Strengthening governance systems and institutions as well as engendering a culture of democracy and peace guarantees inclusive development in Africa only can be sustained by the active and meaningful engagement of young people who are estimated at over 60pc of Africa's population.We must, therefore continue to effectively harness the creative energies of Africa's youth and enhance structures for them to participate, strengthen and deepen democratization in Africa.
Emerging issues

Acknowledged that an estimated 60% of the overall African population, Africa’s youths are at the heart of Africa’s violent conflicts, which has in recent years, been exacerbated by acute governance deficits which has hindered development and triggered violent conflicts on the Continent. Conflict prevention and post-conflict reconstruction as well as developing strategic interventions that are aimed at silencing the guns in Africa by 2020 must be rooted on sturdy, resilient, participatory, efficient, effective and inclusive governance systems.

Noted that Africa’s greatest resource is its youthful population and that through their active and full participation, Africans can surmount the difficulties that lie ahead; In particular Article 11(2) of the African Union Youth Charter provides that “Each State Party shall […] take the measures to promote active youth participation in society including; guaranteeing the participation of youth in parliament and other decision- making bodies, facilitate the creation or strengthening of platforms for youth participation in decision-making at local, national, regional, and continental levels of governance; give priority to policies and programmes including youth advocacy and peer-to-peer programmes for marginalised youth, such as out-of- school and out-of-work youth, to offer them the opportunity and motivation to re-integrate into mainstream society and provide technical and financial support.

Further noted with concern the situation of African youth, many of whom are marginalized from mainstream society through inequalities in income, wealth and power, unemployment and underemployment, infected and affected by the HIV/AIDS pandemic, living in situations of poverty and hunger, experiencing illiteracy and poor quality educational systems, restricted access to health services and to information, exposure to violence including gender violence, engaging in armed conflicts and experiencing various forms of discrimination.

Recalled that regional and international obligations and commitments at global and regional levels address youth empowerment and inclusion in governance and economic policy making and implementation processes;




On strengthening democratic governance to silence the guns in Africa

The AGA Secretariat should ensure inter-departmental and multi-sectoral partnerships with relevant African Union Organs and institutions, civil society, development partners and media in the implementation of the AGA-YES. Such partnerships must ensure the active involvement of the Economic, Social and Cultural Council (ECOSOCC) of the Africa Union.

The AU should partner and support national and regional youth structures to promote ratification and domestication as well as assessment and reporting on compliance of AU shared values and instruments as a key means of silencing the guns on the Continent.

The AGA through its cluster on Democracy should provide opportunities for young people across the continent to participate and engage effectively with various organs and institutions of the AU and RECs on issues of elections, parliaments, political parties amongst others. In particular ensure the effective involvement of young people in the pre-election processes, election observation and post-election audits.

The AGA Secretariat should coordinate with AU Youth Programme and partner to develop a continental youth mentorship initiative towards strengthening democratic governance, rule of law, constitutionalism, human rights and humanitarian assistance.

The Humanitarian Affairs Cluster should in collaboration with AU Youth Division, develop a Youth Peace Corp to support emergency relief and humanitarian crisis in AU Member States.

On Peace building and Preventive Diplomacy

The AU should encourage and support Member States to put in place structures that foster and strengthen conflict resolution, peace-making and peacebuilding at national, regional and conti¬nental levels.

Member states emerging from conflicts should make deliberate efforts to ensure that young people participate and are included in preventive diplomacy, conflict resolution, mediation and post conflict reconstruction and development efforts.

The AU Panel of the Wise should proactively engage in preventive diplomacy on the basis of efficient and effective AU and RECs early warning mechanisms.

Member States should commit to the implementation of the Arms Trade Treaty and accelerate efforts to eradicate small arms proliferation in Africa.

Socio-economic development for sustainable peace

AU member States should develop and/or strengthen national youth structures to create opportunities for innovation, entrepreneurship, jobs and engagement in public service.

The African Union Youth (AUY) Program should take a lead in enhancing the capacity of young people across the continent to effectively engage and participate in public service and entrepreneurship.

The AGA platform should institutionalize and broaden the youth pre-consultations to the High Level Dialogue to include capacity strengthening and training in leadership, public service and entrepreneurship.

The AU should encourage Member States at a political and technical level to make greater investments in Science, Technology and Innovations to spur sustainable economic development and peace

Requests the AU to identify and request sitting Heads of States to champion the implementation of Youth Pre-Consultations Recommendations “as the key contribution by the youth to silencing the guns at the 2015 January Summit of the Heads of State.

The AU should strengthen its communication, media outreach and citizen engagement strategies to ensure that they are user-friendly, accessible and impact oriented.

The AU should partner and collaborate with young researchers and youth oriented think tanks in data and knowledge generation, management and dissemination on democratic governance trends, challenges, prospects and opportunities in Africa

The AGA secretariat should coordinate the implementation of the Recommendations as well as the AU Youth Engagement Strategy.

CONCLUSIONS

In conclusion, participants expressed satisfaction at the quality of discussion and called on the Africa Governance Architecture and Platform to prioritize the implementation of the various recommendations from the meeting. The AGA Secretariat is also requested to ensure that the conclusions are implemented in a participatory and inclusive manner.

Participants expressed their immense gratitude to the African Union Commission, The United Nations Development Programme, the GIZ and INFONET for convening and hosting the meeting and for the warm hospitality accorded during the stay in Kenya. 


Tuesday, 2 September 2014

Dr. Akinwumi Adesina explains why Agriculture must not be seen as a development program


Various foodstuffs including cereals displayed at one of the stands at the 2014 Kakamega ASK show.

Africa has enormous agricultural potential. About 65% of the arable lands left to feed the 9 billion people in the world by 2050 are in Africa. We must unlock this potential.

To do so, we must make a fundamental shift in how we see agriculture.

Agriculture must not be seen as a development program. Agriculture is a business. And agricultural research must take this business perspective. Policy makers too must change and develop policies to take technologies to scale for farmers.

As African nations strive for higher levels of investment in agricultural research, science and technology, they also need to put in consideration the following issues:

  • Focus must be on the imperative of creating markets for farmers, taking a whole value chain, and investing in new product development to add value to crops. Unless this is given priority farmers will take up new technologies and price for their farm products will decline. 
  • To  ensure adoption by farmers at scale requires public policies that will increase access of farmers to seeds; fertilizers and irrigation support to ensure the optimal yield performance of the new crop varieties, as well as improved seed systems that will provide quality seeds to farmers.
  • The need to have supportive policies to drive impacts of science and technology. The challenge is always how to ensure that poor farmers benefit from technical change. 
  • Greater focus should be put into the use of innovative finance instruments to reduce the risks financial institutions face in lending to agriculture. Solving this financial imperative will help drive the uptake of products of agricultural research, raise returns to agricultural research investments and drive sustainable growth of the agriculture sector.
Read: AU 2003 Maputo Declaration on Agriculture and Food Security
  • Public policies should support farmers to take up crop and livestock insurance, as these are beyond the reach of many poor farmers. We must not abandon farmers in the face of climate change. 
  • The future of Africa depends on what we do with our kids today. A hungry child cannot learn and a malnourished kid will become brain impaired, with low-income earnings in the future.

Experts from Dr. Akinwumi Adesina, Honourable Minister of Agriculture of Nigeria at the High Policy Dialogue on “Research to Feed Africa”, September 1, 2014, Sheraton Hotel, Addis Ababa, Ethiopia.

Monday, 18 August 2014

One year after the TJRC Report findings “quest for justice goes on”


President Kenyatta with TJRC Chairman Bethwel Kiplagat when he received the final TJRC Report at State House Nairobi.

Kenya marked one (2014) year since the Truth, Justice and Reconciliation Commission (TJRC) presented its report findings and recommendations over to President Uhuru Kenyatta on 21st May 2013.

The now defunct commission was born from the 2007/2008 Post Election Violence and a desire of Kenyans to see a process, which would address deep seeded grievances and historical injustices.

Since the Presidential Assent to the TJR Act on 28 November 2008 and coming into operationalization on 17 March 2009, the Kenyan citizens saw it as a means through which historical injustices can be addressed and to propose sustainable solutions including redress for victims.

Across the four counties of the Former Western Province, Busia, Vihiga, Kakamega and Bungoma, victims came forth to present their views to the commission and exercise that was done nationally.

In Vihiga County, Pius Ahenda Ogalo is one of the 28 families who were moved to pave way for government offices and bringing up of schools in Mbale and Vokoli.

“We were ejected from our land in very colonial way being told to move out without even being told where we were to settle, we wondered how it would be but we were told to go look for the land we were to settle in ourselves,” said Pius Ahenda Ogalo before the Commission in 2011.

“We were moved in the year 1986 and we were taken to that place where there was no land but stony place, no fertile soil would be seen but small stones that nothing would grow on, even if I took you to the place, you will be full of mercies, you could even run away if you looked at the water we use,” said Ogalo

“We are very peaceful and we need justice to be done and now that you are part of the government please help us we don’t want to act like we want to fight the government we are part of it and there is no need of seclusion,” narrated ogalo.

In Kakamega, Daniel Mukabi was short in his leg joint by a General Service Unit officer during the Post-Election Violence period

“I saw people running from where I was going and I wondered what was happening I continued with my journey not far had I gone that I was shot in my leg and just fell down, I was in form two and the following year I had so many problems while undertaking my exams because of the pains,” said Mukabi as he witnessed during the hearings.

Mukabi said the officer would not listen to any explanation since they acted at a cocked gun to whomever they met along the road as reported by West Fm’s reporter John Kabaka.

“You could not understand what was going on, they would shoot anyhow without knowing whether one was innocent or not, dead bodies flood the road with blood all over, it was terrible. I did my KCSE exams last year (2010) and for the whole time I have been on crutches.”
 
The TJRC commissioners (left) General Rtd Ahmed Farah, Presiding Chair Tecla Namachanja Wanjala, Margaret Shava and Ambassador Berhanu Dinka in Busia County
In Busia, the commission received 30,000 statements recorded and 600 memorandums from victims on issues related to land boundary demarcation disputes, discrimination of women and children.

The commission through Mrs Tecla Namachanja said, “We are struck by how poverty increases people’s vulnerability to abuse Human Rights. We are encouraged by the number of witnesses who have courageously testified to the commission and willing to move forward in healing and reconciliation.”

The Pokot community had spoken of how they had experienced massacres including the famous kolowa Affay that was orchestrated in 1950 during the colonial era leading to the death of over 1000 in the Pokot East region. Further some had spoken of the 1984 Kacheliba massacre committed by the military and police and needed closure of the event.

Consequently, Western Province still reminisces the year 1982, when the late Titus Adungosi then a third year student in the Faculty of Architecture, Design and Development at the University of Nairobi and the first Chairman of the University of Nairobi Students Organization (SONU) was arrested and convicted by the then Chief Magistrate Mr. Abdul Rauf for 10 years imprisonment for sedition on the September 24, 1982 after the failed Kenyan military coup of August 1, 1982 attempt against the former President Moi’s regime.

Wednesday 9th February 1983 when a Court Martial sentenced Corporal Fenwicks Chesoli Odera Obedi to death sitting at Langata Barracks Nairobi for committing treason during the 1st August 1982 coup attempt in Kenya. Others who were killed include: Hezekiah Ochuka, Pancras Oteyo Okumu, Charles Oriwa Hongo, Robert Odhiambo Ndege, Bramwel Injeni Njeremani, Fenwicks Chesoli, Joseph Ogidi Obuon, Charles Mirasi Odawa, Walter Odira Ojode, Edward Adel Omollo, James Odemba Otieno and George Akoth Otila.

The family of the late Adungosi has failed to pursue any civil claims for compensation for its son and the family of the late Chesoli did not know whether they had to make any case for their son before the truth commission.

Questions still linger among the people who seek redress. How can truth give amnesty? These were some of the questions the civil society organizations were asking themselves in a series of meetings held last week under its thematic, “Breathing life into reparations”.


“The National Assembly recently amended the TJRC Act, which created the TJRC, to give itself powers to ‘consider’ the report and oversee the implementation of the recommendations it contains,” said Chris Gitari the head of the ICTJ.

“Although Parliament amended the law to give themselves power to have the report tabled for consideration, there are certain things within the original Act that remain unchanged. One is the timeline of six months. So the question to be asked is, one year down the line, how come that timeline has not been obeyed?” Human Rights Lawyer Njonjo Mue questioned.

Gitari, however, notes, 
“The TJRC Report is in some ways a fair reflection of the mandate and the commission itself. It has many imperfections but also some positive points. It stands as an official record of the state’s complicity in serial human rights violations, a state whose institutions are frequently exposed as corrupt and in callous disregard of the fundamental human rights of citizens.”

“In Kenya already there exist programmes that support vulnerable groups. We have orphan cash transfer programmes; we have programmes that help people with serious physical disability, hunger relief programmes. So already there are mechanisms to draw from and these victims are known. They are in the report,” he added.

Mue differs, “We seem to think we’re at the mercy of Parliament or the AG’s timetable because they’ve talked about considering the report but he will never move. Kenya has a way of translating rights into favours”

“What powers does parliament have with regards of the TJRC report? The government thinks it can re-open the report this is a violation of separation of powers? Parliament does not care about fundamental legal principals. One year down the line, why has the report not started to be implemented? It is legislated that it is the AG's responsibility to make sure this happens,” he posed

“And it would also be good to get the court’s interpretation of the word consideration as amended onto the TJRC Act by Parliament,” he added.

“World over, once an independent commission of inquiry tables its report, it goes to Parliament just for Parliament to take note of it; mainly because government will come back to Parliament for it to vote monies for implementation. But it does not go to Parliament for Parliament to reopen it, to re-examine it and change things they don’t like,” Mue expounded.

Wachira Waheire, one of those who would qualify for reparation according to the TJRC report on account of being a Nyayo House torture victim, chose to go the litigation route as opposed to waiting for the implementation of the TJRC report.

“I lost hope in the report ever bringing me justice. I mean how many reports have been written in this country? All about historical injustices, land or otherwise. And what if anything becomes of them? They’re gathering dust on a shelf somewhere yet there can be no true peace without justice,” he said.

“Just look at the 1992, 1997 and 2008 post-election violence. Just because the violence skipped an election year doesn’t mean anything. Let’s not forget that history has a knack for repeating itself and the only way to truly be rid of a weed is to pull it out from the roots,” he opined.

“I represent 1982 coup detainees and often the victims of historical injustices lack the resources to mount a formidable case and the threshold of proof of torture is higher than the ‘more likely than not’ required by the TJRC report,” he testified.

He noted that, the greatest challenge is the political will to implement even the court decrees.

“I have court awards worth Sh100 million sitting in my office for 20 of the 100 detainees I represent that have never been paid out. The Attorney General is quick to call for the payment of the Anglo-leasing monies so why should we have to hound him to honour the directions of the Kenyan courts in making rights our betrayal? Isn’t that a violation in itself?” he posed.

Christina Alai from the Physicians for Human Rights shared similar sentiments arising from the ongoing Sexual and Gender Based Violence before the Constitutional court representative of eight women who claim to have been sexually violated during the 2008 post-election violence.

“Since the filing of the petition in February 2013, it is when the court said the hearings will begin, then, the office of the Director of Public Prosecutions and Attorney General filed their response in January 2014.”

“This action is the first of its kind. Holding the government responsible for the delay in responding to the sexual and gender based violence offences in the PEV period even after the Waki report had recommended,” she said.

“In terms of precedent, this case seeks to set standards: the eight survivors will be a representative of the many who were sexually violated; it will set standards that will obligate the state to investigate and prosecute the perpetrators and it will make the state to appreciate the aspect of comprehensive justice.”

As a way forward in ensuring the implementation process begins, Helen Scanlon, Gender Justice Specialist said there was need to change the institutional culture of the police.

“South Africa has great laws but, still has the highest rate of gender based violence during peace time in the world! Violations are ongoing. Reparations should not solely look backwards but should address current and ongoing violations of gender based violence.”

Going forward she said it was necessary to manage expectations in addressing concerns of secondary victims.

Can money alleviate harms? How much is enough? Can secondary victims get compensation while victims are alive/after they're deceased?”
        
Cristian Correa, the ICTJ Senior Associate Reparative Justice Program added that there was, “Need for a process of acknowledgement. Why this happened? It is not about sweeping problems under the carpet with some money.”

“Reparations are in its very nature political and requires compromise. This must sometimes happen even by sacrificing strict fairness. Reparations need to communicate to victims that they are valued as members of the community. Think about reparations as both symbolic and material rather than either/or.” 

ICTJ now calls up to civil society and organized groups to engage with the National Assembly in a bid to discuss and agree on an effective and accountable implementation process.

“Kenyan society as a whole needs to discuss these recommendations and use them as a platform to build a stronger society,” says Gitari.

“Let’s hope the glass box in which the TJRC report was presented to President Kenyatta won’t end up being like that glass that’s broken open only in the event of fire,” Njonjo Mue concluded.