In the post-bipolar international legal literature, the right to self-determination is part of the broader concept of human rights, and the only aspect of self-determination that remains in current international relations is the right to self-determination for peoples to dispense with their natural wealth, a concept related of the right of development.
Western Sahara is regarded by the UN as the last colony in Africa. However, Morocco continues to occupy the Saharawi territory without any respect to UN resolutions on decolonization. The main driver of this colonisation is natural resources.
In fact, with the natural resources of Western Sahara that Morocco buys the political positions of the States, to finance lobbyists in the EU and the USA to defend the Moroccan thesis of occupation, and at the same time to develop its internal economy and encourage the movement of Moroccan populations to Western Sahara, to make Sahrawi a minority in their homeland.
Natural resources determining factor in conflicts
There is a high likelihood that most of the important (armed) conflicts in our twenty-first century will be those concerning resources. All the conflicts have an economic aspect, with greater or lesser weight in their emergence and development. Indeed, the French sociologist Gaston Bouthoul states that Germany had to resort to the 1914 war as a result of the too costly economic struggle that it had sustained against others great industrial and exporting powers.
With the same idea, the famous phrase of the Prussian strategist Carl von Clausewitz “War is not an independent phenomenon, but the continuation of politics by different means”, one could say that geopolitics is nothing more than the concentrated expression of geo-economics.
This left Lenin the leader of the Russian Revolution of 1917, to observe that “politics is the concentrated expression of the economy”, something that we live and that is perfectly valid for all times, economic aspects have been the main engine of interstate relations, the economic realities that truly set the pace for the rest of the politics, including the bellicose or the pacific, which leaves Napoléon Bonaparte to say, “war is done with three things: money, money, money”.
The natural resources and their economic exploitation have contributed, and continue to do so, to favour a kind of occupation of the Western Sahara Territory, which would introduce a more complex resolution of a conflict encysted for more than forty-four years.
The marginalized and impoverished of Saharawi people, whether during the Spanish colonial era or during the Moroccan colonial period
We can say that the economic side of the colonialism phenomenon constitutes the decisive characteristic feature of Spanish presence in Western Sahara. Indeed, the international economic crisis which began in the 1870s contributed to the origin of spurred Spain to rush its colonization of the southern flank of Western Sahara, while the other parts of Western Sahara were only pacified late in 1934, by stimulating the imagination of those caught up in it to find means of escaping from a precarious situations.
Historically, since 1884 and until the arrival of the Franco in power in Spain, Western Sahara, had an essentially economic value, both for its proximity to the old caravan routes, and mainly for the very rich fishing bank that runs along its coasts, since one of the most important in the world and has represented the grease between both banks along of history. In addition, the political interest of Western Sahara lay in its geostrategic position in the Atlantic as a rearguard of the Canary archipelago.
The occupation of Western Sahara aims to build up a powerful national economy, whose production is geared to the needs of the mother country while isolating the colonial economy which is just the supplier of the raw materials needed for the economy of the colonial state. This will be amplified with the exploitation of Saharawi phosphates in the region of Boukraa in 1967.
In view of these 44 years of Moroccan occupation of Western Sahara, the Moroccan practice use the same process as that of the Spanish colonial era. In fact, Morocco will start relentlessly to exploit the natural resources (fishing, phosphates, agriculture, other precious metals solar and wind energy, ) of the Saharawi people while marginalizing indigenous populations, by favouring Moroccan settlers who today represent an undeniable majority in the daily life of the occupied territories.
Spain and Morocco they have an important common denominator, that of being despotic regimes and their objective aims to eliminate Saharawi political and cultural identity. However, the international law of the Non-Self-Governing Territories distorts the equation of the colonizing country
The low profile of UN action in Western Sahara to protect the natural resources of the Saharawi people
In 1975 the International Court of Justice (ICJ) Advisory Opinion insisted that the people of Western Sahara should be fully decolonised and allowed their right to self- determination.
From then until today, this opinion has had its political and legal importance, since it has served as a support for the Polisario Front position and explains in a clear way the favouring votes to the self-determination of the Saharawi people within the AU and UN.
The legal aspect will be strengthened in favour of the right of the Saharawi people and their sovereignty over their natural wealth in the opinion of the UN legal counsel Hans Corell stated succinctly in 2002,in accordance with the international law, one cannot exploit the natural resources of an occupied country without the express consent of the indigenous population. To do so is plunder.
These legal instruments in favour of the Saharawi people will be reinforced by the two judgments of the European Court of Justice of 2016 and 2018 regarding raw materials exploited by Morocco with connivance and complicity of some EU states.
However, like MINURSO the only mission of the UN without wings to supervise the human rights in Western Sahara, so how will be protected the natural resources of the Saharawi people:it is a bubble dream.
You have to notice, the discrete role of the UN which is constant, already in 1975, Spain retired without holding the referendum of self-determination, we see that the Security Council does not show a special interest, it is more likely favourable to the role that Morocco plays in the area as an ally of France and Europe from the geostrategicpoint view to leave the situation as it is in an endless status quo.the UN is unable or unwilling to force Morocco to respect the referendum.
We can conclude that the UN has never taken a firm and clear position around Western Sahara and has never used all the mechanisms at its disposal, as would be the use of Chapter VII of the UN Charter and maintain the application of Chapter VI concerning the peaceful rule of controversy and supports negotiations between Morocco and Polisario, as if they are two equal parties.
It is time to end the illegal sanctions on Zimbabwe
At the UN General Assembly (UNGA), African Leaders signalled to the West that it is high time to end the illegal sanctions that have been crippling Zimbabwe for over two decades.
The current Chairman of the African Union, South African President, Cyril Ramaphosa, led the call which was subsequently echoed and strongly endorsed by the Heads of State of Namibia, Kenya, Tanzania, Rwanda and others in their respective addresses to the General Assembly.
I am immensely grateful for this support. Indeed, it could not be more timely. Our African partners understand that a better Africa equals a better world. But, the continent is facing unprecedented challenges. Coronavirus has significantly exacerbated already existing health, economic and food-security challenges on a scale not seen for more than one hundred years. Sadly, for African nations, coronavirus is just one additional burden to be borne: on top of devastating droughts, locust infestations of biblical magnitude and relentless floods.
The West often expects so much from our nations, and world leaders often analyse us through the lens of their own success. But, in doing so they are only adding to the suffering of millions of Africans.
When President Emmerson Mnangagwa won the election in 2018, he pledged to bring about change, to forge a new relationship with the citizens of Zimbabwe and with the nations of the world.
In the face of endless criticism, we have made and we continue to make significant progress. Most recently, we achieved closure on the long-outstanding issue of compensation to farmers whose land was acquired during the Land Reform Programme of the late 90’s and early 00’s. The sum of US$ 3,5 billion, for improvements effected to the land prior to its acquisition, was agreed-upon by way of negotiations between government and the farmers.
Elsewhere, we repealed two antiquated laws (AIPPA and POSA). We passed a new Freedom of Information Act, and draft legislation to address the Constitutional requirement for an Independent Complaints Mechanism will shortly be tabled before Parliament. Other constitutional amendments designed to further modernise and open up government are already before Parliament.
The reformed Zimbabwe Anti-Corruption Commission has received global plaudits, with some notable and important arrests, including two sitting cabinet ministers. The “audit of the rich”, currently being undertaken, is expected to yield further fruits of transparency and accountability.
We have also initiated the most ambitious set of privatisations in the history of Zimbabwe, with 43 of Zimbabwe’s 107 state-owned enterprises earmarked for reform.
We know these reforms are essential if we are to show the world that we are changing our nation’s trajectory. We want to be more open, to grow our economy, to strengthen our public services, to improve the lives of our citizens and we want to play a positive part in the globalised world.
We acknowledge that we still have a long way to go but we are resolute in our determination to modernise Zimbabwe. Even in the midst of the shattering economic impact of COVID-19, we are committed to the path of reform.
I believe the new Zimbabwe has shown sincerity in its willingness to compromise with the West. However, rather than less criticism and an easing of sanctions, we have in fact faced more pressure from the United States. Those who believe these so-called ‘targeted’ measures only hurt the rich and powerful, are profoundly mistaken. The UN recognises that economic sanctions have worsened existing inequalities. They have crippled our banking sector and have negatively impacted upon the performance of businesses both large and small. Our exclusion from lucrative trade benefits afforded under the Africa Growth and Opportunity Act (AGOA), in particular, is holding back our entrepreneurial potential.
Sanctions, and the enhanced country-risk factor they generate, have also made it close to impossible to attract meaningful foreign investors from the West. And a lack of foreign exchange continues to impinge on the very basics of economic life, from raw materials to life-saving drugs.
Our request to the West is very simple: end these sanctions, allow us to respond more comprehensively to the coronavirus pandemic and support us on our journey towards a new Zimbabwe. The desire to squeeze us into a corner serves only to maintain unjustified isolation from the West, to foster negative sentiment towards those who punish us and, most importantly, to perpetuate the suffering and privation endured by our already hard-pressed people.
A better Zimbabwe results in a better Africa and a better world.
It is time to end the illegal sanctions on Zimbabwe.
SADC, Zimbabwe and Sanctions
Reports suggest the South Africa Development Community (SADC) is growing increasingly impatient with President Mnangagwa’s willingness to impose repressive measures. The speculation emerged in part because President Chakwera, the incoming SADC chair had left Zimbabwe after two days, even though he was meant to spend three days in the country. The suggestions were that SADC was considering sanctions on Zimbabwe. Conversely, there are reports that the SADC countries are pushing for the easing of Western sanctions. In 2001, the US and the EU have imposed sanctions on 141 individuals and around 60 companies. The sanctions relate to allegations of gross human rights abuses.
The Zimbabwean government claims the sanctions are hurting Zimbabwe and ordinary people, limiting its ability to gain lines of credit from international monetary institutions or attract foreign investments. The US-Zimbabwe Democracy and Economic Recovery Act (ZDERA), for example, prohibits American companies from working with companies and individuals on the sanction list. Failure to abide by the legislation has led to financial penalties as seen with the US government’s decision in April 2019 to fine Standard Chartered bank $18 million for dealing with a sanctioned country.
The SADC and the Zimbabwean government assert that removing the sanctions would allow Zimbabwe to revamp its economy, as the country could attract foreign direct investment, which in turn would help the region by reducing the number of Zimbabweans searching for work but also encouraging greater economic development. One should not forget that for decades, Zimbabwe served as the region’s breadbasket, something the Mnangagwa administration is keen to resurrect.
The push to remove the sanctions comes despite growing authoritarianism in Zimbabwe. The government has introduced a host of policies to limit protests and demonstrations and punish those opposing it. It has also adopted measures aimed at countering increasing tensions within ZANU-PF.
In September, the government introduced the Patriot Act. The measure is meant to respond to a ZANU-PF claim that groups within Zimbabwe, primarily the MDC-Alliance, are not only reaching out to foreign governments but are concocting stories about factionalism within ZANU-PF. State Security Minister Owen Ncube has also spoken of attempts to smuggle guns into the country and establish violent militia groups aimed at destabilising the country and bring forth foreign intervention.
The Act speaks of “conduct aimed at undermining the country” under which Zimbabweans speaking to foreign governments without the express permission of the regime itself will face criminal sanctions. Conduct includes private correspondence and making false statements influencing foreign governments. The Act is likely to impact the opposition and human rights groups who often look to get support from a foreign government.
More of a concern to President Mnangagwa is internal tensions with ZANU-PF. For example, following the chaos in the Kwekwe Central constituency during primary elections on October 3, President Mnangagwa convened a special meeting with provincial executive members. There were youths, women, and war veterans’ representatives. The President warned leaders against manipulating the ZANU-PF constitution by imposing preferred candidates through vote-buying. He also warned against attempts to use the Zimbabwe Electoral Commission voters’ roll in conducting primary and district coordinating committees’ elections. Important leaders in ZANU-PF have been expelled Cleveria Chizema and Tendai Savanhu, claiming they were causing divisions and factionalism in the party and province. The party also expelledKiller Zivhu because he called for a dialogue between First Lady Auxillia Mnangagwa and MDC-Alliance leader Nelson Chamisa’s wife Sithokozile. It seems President Mnangagwa favours this method of asserting his will on the party, like those that show contrition are allowed to rejoin.
An additional concern for President Mnangagwa is unhappiness from the veterans regarding his plan to compensate white farmers for the 2000-2001 land reform program. President Mnangagwa’s overture towards the white farmers involves either revoking the offer letters given to black farmers, resettled on the land formerly belonging to white farmers and if restitution proves impractical, the intention is to white farmers land elsewhere. Included in the package is $3.5bn in compensation “for infrastructure on the farms they lost”. In September, a group of former fighters filed an application with the High Court against the measure.
The MDC-Alliance is facing several key challenges. First, since the death of Morgan Tsvangirai in 2018 from colon cancer, the group has been unable to challenge the ZANU-PF. Second, the opposition must be circumspect in criticising what is taking place in Zimbabwe as such action would sustain the sanction regime thus harming ordinary Zimbabwean. Consequently, the opposition must balance its actions: encourage demonstrations and opposition to the government while making sure ordinary Zimbabweans are not too affected further by the sanctions.
In 2018, the Zimbabwean government introduced the Transitional Stabilisation Programme, which included the re-introduction and stabilisation of the Zimbabwe dollar, rationalisation of the civil service to contain wages, and the foreign currency auction system. Interfuse within this program was controlling Zimbabwe’s runaway inflation.
In September, the Securities and Exchange Commission of Zimbabwe (SECZ) issued a licence for the Victoria Falls Stock Exchange Limited. VFEX is a wholly-owned subsidiary of the Zimbabwe Stock Exchange. The purpose behind VFEX is to facilitate the inflow of hard currency to Zimbabwe. VFEX is currently finalising the listing and membership requirements, setting up of the trading and depository systems, modalities on the clearing and settlement of transactions. There are also discussions as to the listing bitcoin and other cryptocurrencies, depending on the digital asset issuers getting “regulatory approval.” The SCEZ has yet to determine what are cryptocurrencies; they may follow the Nigerian example and classify cryptocurrencies as securities. Notably, over the last two years, the Zimbabwean Central Bank has shifted its position on cryptocurrencies. For example, in 2018 it banned Golix, Zimbabwe’s largest cryptocurrency exchange to noting the value of digital currencies. The Bank may be seeing the potential for bitcoin mining in Zimbabwe, an endeavour that demands a tremendous amount of energy as seen in Ghana which opened Africa’s first mining facility Ghana Dot Com.
The US/EU Aspect
Brian A. Nichols, the U.S. ambassador to Zimbabwe, who has had an interesting relationship with the Mnangagwa administration who at one point labelled him a thug, has spoken on how to improve US-Zimbabwean relations. This change could be related to rumours that the United States is hoping that Zimbabwe could help Mozambique deal with the Islamist insurgency raging in Cabo Delgado. The US Agency for International Development (USAid) will provide approximately US$60 million to the World Food Programme’s Lean Season Food Assistance programme in Zimbabwe. The US Centres for Disease Control and Prevention currently has several experts working with the Zimbabwean authorities on healthcare issues.
The EU is less likely to publicly change its position on the sanctions, however, due to the persistent humanitarian crisis, the EU is unlikely to weaken its support for the country. The EU is in the midst of devising a new humanitarian budget as the 2014-2020 budget needs revision (the next budget is due in 2021). The EU would like to see more engagement from regional actors such as the SADC. Nevertheless, despite the imposition of sanctions, the EU’s European Development Fund has continued to support Zimbabweans in three main areas: health, agriculture, and institution-building. This type of support is likely to do continue especially as the EU is showing greater interest in Mozambique due to the huge liquid gas field find and the insurgence in Cabo Delgado.
Zimbabwe is on the precipice of major changes, some of which are in its hands whereas others depend on the region and the world.
President Mnangagwa has introduced some structural reforms aimed at improving the state of the economy, which have slowed down the economic collapse, although the country is affected by the Covid-19 pandemic and the sanction regime.
It is presumptuous to assume President Mnangagwa is politically safe. He is facing pressure from within ZANU-PF. There is opposition within ZZANU-PF to some of his policies. He is also contending with pressure from a disorganised opposition, which is why he has introduced several new measures all aimed to secure his reign. These measures include weeding out potential threats from within the party and further weaken the opposition.
President Mnangagwa does enjoy some support from his neighbours whose priority is a stable Zimbabwe. There are concerns across the region about growing authoritarianism (including unhappiness with gross human rights violations) in Zimbabwe and a return to Mugabe-style rule. However, the key to many in the region is economics. In other words, there is a belief that by ending Zimbabwe’s economic woes, stability and democracy would take hold. This is why there seems to be regional support for the easing, ideally lifting of sanctions. It is likely the SADC is likely to explore. The SADC may find receptive ears in Washington and Brussels who see great value in Zimbabwe, as both are concerned with the increased Chinese presence in Southern Africa.
#EndSARSProtests: A Chronicle of Nigeria’s #BlackLivesMatter
The chilling murder of African-American, George Floyd, back in May, by a couple of ‘white’ police officers in Minneapolis, the United States, would go down as one of the defining moments of 2020. Not only did the unnerving incident further expose the century-old racial cleavages among Americans, it also resulted in weeks of a universal eruption of riots and protests to demand racial equality in America and beyond.
Watching Nigerian youth take to the streets to force an end to police misdemeanours reminds one of the events – which are still ongoing in some cities – in the US after Floyd’s murder. So far, close to a dozen lives have been lost, some fallen to police bullets, since the outbreak of the protests.
Throughout the organic settings of human existence, how to secure lives and maintain social decorum formed a major strand of communal concerns. It is for this reason that, at different stages of mankind’s evolution, the task of security remains atop of other considerations.
According to history, the term ‘police’ is derived from the Latin word ‘polis’ which loosely translates into the ‘public’. Its popularity is traced to the era of the Greek dominance of world affairs, although the act of policing was first introduced by Egyptian Pharaohs, around 3000BC, to guarantee peace amongst their subjects.
Except for a brief age during the reigns of the Roman Empire when ex-convicts and men of unsound morals were given the policing responsibility, societies the world over always reserve the job of police to untainted individuals simply because they carry an extended authority of a State. In other words, the legitimacy of the political authority in a given society is reflected in the police as an institution.
A Test of Political Legitimacy
Talking of political legitimacy, the echelon of Nigeria’s leadership appears to be in complete disarray these past days. It has been a period of an unexpected and ceaseless gush of rage by young adults who, for once, surmount the courage to brace the socio-political odds. For far too long, governments across Africa’s Sahara region seemed insulated from mass angst.
While popular citizens’ protests landed like a hurricane and swept away long-standing dictators in North Africa: Egypt, Tunisia, and Libya in the so-called Arab Spring of 2011, political leaders in other regions of Africa escaped the wrath, but only for another day. For the Nigerian youth, the discontent being expressed through the viral #EndSARSProtests is an exhibition of their accumulated frustration against the social inequality and economic deprivations which successive administrations have visited on them.
As usual of leadership from whose grasp power is drifting, the Nigerian government has yielded its hitherto uncompromising posture to assuage the angry youth, but only to be confronted with increased resistance on the streets, daily.
Police as Colonial Construct
For the protesting youth, while their civic role in fixing a particular malady has drawn worldwide applause, it would be more appreciable for all to realize that the Special Anti-Robbery Squad (SARS) unit was(is) a mirror through which the larger tumult within the Nigeria Police Force can be viewed. And to extend that elucidation, it is equally pertinent to be told that the problem with the police in Nigeria is as old as the existence of the country.
The western-styled police system as introduced to Nigeria in 1930 by British colonialists was meant – as a protective force – to safeguard the interests of Britain in an alien land. This instrument of colonial construct was established when the Britons stole power and relegated traditional rulers after their conquest of the colony, hence only the stern, unyielding, and unsympathetic are allowed a lapel as police recruits in those days.
With 12,000-men in 1960, the already maligned status of the police became more stunted post-independence, especially when the military took charged of Nigerian affairs in 1966. The police were denied access to adequate funding, basic professional equipment, commensurate remuneration, timely training of personnel, and so forth. Over time, being called a police officer became unappealing to the best brains academically and morally, thus the floodgates were opened largely to unpolished, uneducated, poorly trained persons who see the force as the last route to survival while living in squalors in the name of barracks.
It is, therefore, unsurprising that the police have over the years maintained the unenviable status of the ‘most corrupt’ public institution in Nigeria. In November 2005, a former boss of the police, Tafa Balogun, escaped with a slap on the wrist in the form of six-month imprisonment upon conviction for stealing $100million because – according to the trial judge – the guilty had “shown remorse”. Apparently embarrassed by the brazen degeneration of security across the country, some State Executives in Nigeria recently resorted to launching sub-national security outfits with a mandate similar to that of the ineffective federal government-controlled police force.
Whilst that decision is contested as provincial insubordination to the national government which may eventually spell doom for the county considering its fragility, many see it – nonetheless – as the most fitting response to a social haemorrhage which Abuja lacks the capacity to fix.
Litany of Rights Violations
Earlier in the year, Amnesty International had documented 82 cases of violations of human rights by officers of the dreaded SARS unit between January 2017 and May 2020 hammering on the urgency for reforms and calling for justice to victims of the assaults which include extortion, torture, rape, and killing. In the same vein, the World Internal Security and Police Index (WISPI) ranked Nigeria “the worst performing country” globally in terms of policing in its 2016 report in which concerns were raised that: “There are 219 police officers to 100,000 Nigerians”.
Although the Nigerian government had in 2017 signed the Anti-Torture Act into law, yet the reality on the ground contradicts the letters of the law. Many of the abuses recorded by Amnesty’s investigation into the operations of SARS revealed a similar pattern of excruciating body and mental torture of victims in the hands of the security agents. A 2020 documentary by the British Broadcasting Corporation (BBC) entitled “The Torture Virus” detailed how Nigerian security operatives, including members of the defunct SARS, regularly employ a painful torture technique called ‘tabay’ on suspects in their custody.
Unconfirmed reports indicate that as many as 150,000 of the current 400,000 personnel in the Nigeria Police serve as personal guards to Very Important Personalities (VIPs), mostly politicians, musicians, moguls, expatriates etc; basically to anyone and everyone who can personally afford to service the personnel financially. This leaves the policing obligations of the majority of the estimated 200million population to an insignificant 250,000 police officers, representing a ratio of 1 police officer to 668 persons, a far cry from the United Nations’ standard of one police to 400 persons.
It remains to be seen how the faltering political authority in Nigeria is able to turn the table in the face of a popular resentment by the youth. However, it is safe to presume that, judging by the latest happenings, the younger mass of Nigeria’s population would henceforth refuse to be pacified with the superficial lullabies of the past.
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