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Russia-Africa: Time to Act –interview with Alexander Stuglev

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Within the framework of the joint declaration adopted in Sochi, the Ministry of Foreign Affairs of the Russian Federation created a Secretariat of Russia-Africa Partnership Forum. The Secretariat’s primary task is to coordinate efforts for promoting cooperation between Russian and African business associations, ensure political and diplomatic support for projects carried out by Russia’s state-run and private companies in Africa, and coordinating aspects of preparations for future Russia-Africa summits.

During its September meeting, the Secretariat created Coordinating Council headed by Chief Executive Officer and Chairman of the Roscongress Foundation Alexander Stuglev. Early October, Alexander Stuglev gave an exclusive interview to Modern Diplomacy’s Special Regional Representative, Kester Kenn Klomegah, in which he discussed some aspects of Russia’s plan to raise its economic, investment and trade profile in Africa.

Q: Is it comfortable for you to discuss the key questions that were raised during September meeting of the Secretariat under the slogan “Time to Act” and what is the main advantage to have Roscongress Foundation acting as the coordinator for business-related aspects with Africa?

A: The main objective of the event held in Moscow was to make all stakeholders based in Russia and African States aware of two specialized bodies that were established following the Russia–Africa Summit and Economic Forum in 2019. These are the Russia–Africa Partnership Forum Secretariat and the Association of Economic Cooperation with African States.

The Summit and Economic Forum laid the foundations for further collaboration. The wide-ranging and ambitious task now ahead of us is to create the conditions and to identify opportunities which will allow us to strengthen and increase Russian-African cooperation across the board.

Three interdepartmental councils have been established within the Russia-Africa Partnership Forum Secretariat: a coordinating council, research council, and public council. By working together, these three bodies will enable us to take a comprehensive approach to fulfilling existing and new emerging tasks. We have a great deal of work ahead of us right now, and the outcomes will be discussed at the next Russia-Africa Summit and Economic Forum, which is set to take place in 2022.

For our part, we will continue working hard to promote the African agenda, including at key events organized by the Roscongress Foundation. We will involve all stakeholders in the process, especially our African partners. I have every confidence that the Foundation’s experience, extensive international ties, and expertise will enable us to build an integrated ecosystem which will facilitate effective collaboration between the business, political, and expert communities of Russia and Africa. That is our long-term objective as we see it.

Q: What are your views on trade between Russia and Africa following the inaugural Russia-Africa Summit and Economic Forum in October 2019? Trade needs to flow in both directions. What can Russia offer Africa, and vice versa?

A: Russia has achieved impressive results across numerous areas to date, and is ready to share its experience and expertise with its African partners. Specific examples would include agriculture, energy, medicine, digital technologies, and infrastructure projects. There is interest on both sides in working together in these areas – a fact which was demonstrated at the Economic Forum in Sochi. Something that is crucial and extremely relevant for the times we currently live in is the successful experience of working together in healthcare. Up to 60% of yellow fever vaccines imported by Africa are produced in Russia. A Russian vaccine against Ebola has also shown to be highly effective, and is currently being used in Guinea.

At the same time, I am convinced that Africa possesses enormous potential to become, for example, one of the key players on the international food market. It is Russia’s objective to help Africa achieve this by entering into an equal and mutually beneficial partnership. By working together, we can fully deal with any of the difficulties which can be encountered in certain regions of Africa. We can increase the amount of cultivated land, improve irrigation systems, and increase the use of fertilizers. I believe that close collaboration in this area could serve as a good example of a mutually beneficial endeavour which results in African states improving their agricultural sectors and increasing production, and over time, in Russia having the opportunity to purchase high-quality agricultural products.

Q: According to official statistics, Russia’s current exports to Africa are worth US$20 billion. However, two thirds of exports go to the Maghreb region or North Africa. What could be the reasons for the low level of trade with countries in sub-Saharan Africa?

A: I would highlight two key problems here which have negatively impacted trade with countries in sub-Saharan Africa. Firstly, there is a lack of mutual awareness. Unfortunately, the African continent remains little known in Russia, and in Africa, there’s only a vague notion of what Russia is. All of this ultimately leads to the creation and reinforcement of stereotypes, and puts up barriers to more productive cooperation. Russian businesses simply don’t know what to expect from Africa or vice versa.

Secondly, the risks can be high, and investors are often not willing to assume all these risks alone. I think that a possible solution to this problem could lie in the creation of mechanisms to facilitate inter-governmental collaboration and provide support. That way, an investor can feel assured that in the event of force-majeure, such as socio-political unrest, their investment is protected by the state in question. An additional security guarantee for investments could be provided by having two or more states involved via subregional organizations and large African banks, for example.

Q: For many years now, trade between Russia and Africa has been unbalanced, and has often been one-sided in Russia’s favour. What measures could be taken to overcome this disparity?

A: As I have already mentioned above, the experience and expertise that Russia is able to offer African states can, in the long-run, positively impact the level of exports from Africa to our country. It therefore follows that balancing out trade between Russia and Africa depends, to a specific extent, on the willingness of Russian businesses to invest in promising areas of Africa’s economy and to share their knowledge, and on the willingness of partners in Africa to facilitate this process by putting in place all the necessary prerequisites for this to happen.

The mutual awareness factor I mentioned will also play an important role. As far as that is concerned, it will be crucial to raise awareness in our countries, both through having an increased Russian media presence on the continent, and as a result of joint humanitarian initiatives. I believe that centres of expertise and business support centres will do a great deal to help resolve this issue locally, as will working together with the local population on a regular basis.

Furthermore, I would like to highlight the question of mutual trust. An initiative by our partner -the African Export-Import Bank – deserves special attention in this regard. They have built a platform called MANSA, which collates verified information about African organizations which are registered there. That means that MANSA operates as a guarantee of sorts, and as a one-stop resource to find reliable partners on the continent. We will step up our collaboration with Afreximbank in this area and identify common areas of interest together with members of the Russian business community.

Q: Do you see any difficulties for African exporters? What advantages exist, particularly in light of the establishment of the new Eurasian Union, which is made up of five former Soviet republics?

A: Of course, Russian imports of goods from Africa make up the smallest percentage of total trade by some distance (accounting for around 15%). However, this figure is growing faster than the average rate of growth of imports among all trading partners in Africa. There are also no global barriers in this area. You are correct to note that trade and economic ties are being strengthened through regional and continent-wide intergovernmental organizations. Of course, one of the main outcomes of the Summit was the signing of a memorandum between the Eurasian Economic Commission and the African Union Commission. We see enormous potential in this area.

Indeed, since 2010, trade between the EAEU and African nations has grown by almost 170%.Presuming that free talks between the EAEU and Egypt conclude successfully, the parties involved will be able to enjoy free movement of goods, services, and capital. This in itself is already unprecedented in the context of our trade relations with the continent. The EAEU and a number of African countries are already discussing mutual settlements in national currencies in order to avoid incurring cross-rate costs. This, in my objective view, will help boost trade.

Q: The African Union has established the African Continental Free Trade Area (AfCFTA), which allows for the free movement of goods and services across the entire continent. With that in mind, what would be your advice to Russian exporters?

A: For my part, I can say that the establishment of the African Continental Free Trade Area represents an important step forward, both in terms of trade on the continent, and trade with foreign partners. I believe that as competition for African markets increases, it is essential to increase the number of trading partners we have in Africa, to increase the amount of trade we do, and to provide assistance in creating the right conditions for increasing African exports to Russia.

Q: What immediate plans does Roscongress have with regard to Africa? What prospects exist for strengthening relations between Russia and African countries?

A: The Roscongress Foundation’s priority is to create opportunities, build communication platforms, and to make it possible for members of the Russian and African business communities to discuss their ideas and proposals directly. Dialogue lies at the heart of everything. Without dialogue, it is difficult to build trusting relations.

That is why we are continuing to collect ideas and proposals from our colleagues and partners so that we can analyse them and try to implement them in practice. There is no doubt in my mind that there is enormous potential to build relations between Russia and Africa, starting with the investment and financial sphere, and ending with various humanitarian projects in culture and sport. Each area is unique and significant in its own way. That is why it is vital to pay close attention to everything, even details which may appear, at first glance, to be wholly insignificant. A comprehensive approach must be employed when building Russian-African relations. It was with this aim in mind that the interdepartmental councils were established.

I would like to highlight the role of the Roscongress Foundation’s regional partners who have expressed an interest in working together with Russia. It is our hope that the Foundation’s partnerships in Africa will only become stronger and encompass more countries on the continent. For our part, we are always open to new initiatives and mutually beneficial partnerships. After all, it is by working together that we will be able to create a space defined by trust, which is vital in the current environment, as it continues to be shaped by a new reality.[Modern Diplomacy]

MD Africa Editor Kester Kenn Klomegah is an independent researcher and writer on African affairs in the EurAsian region and former Soviet republics. He wrote previously for African Press Agency, African Executive and Inter Press Service. Earlier, he had worked for The Moscow Times, a reputable English newspaper. Klomegah taught part-time at the Moscow Institute of Modern Journalism. He studied international journalism and mass communication, and later spent a year at the Moscow State Institute of International Relations. He co-authored a book “AIDS/HIV and Men: Taking Risk or Taking Responsibility” published by the London-based Panos Institute. In 2004 and again in 2009, he won the Golden Word Prize for a series of analytical articles on Russia's economic cooperation with African countries.

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For 25 Years, At Least, CPLP Exists by Its Historical Name

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In Luanda, capital of Angola, hosted the 13th Conference of Heads of State and Government of the Community of Portuguese Speaking Countries (CPLP) with the key objective of reviewing the historical past and discussing effective pathways for the future. Through its history, the CPLP has largely been known as an organization, besides that, much has been shrewd away from public domain including its development processes, collective challenges and achievements, and impact on global scene.

In mid-July, Angola hosted the conference under the theme: “Building and Strengthening a Common and Sustainable Future” and the theme, without doubts, highlights the importance of building a common and sustainable future that promotes sustainable development and the effective improvement of the population’s quality of life.

During the conference, as expected, the heads of state and government had the opportunity to discuss relevant issues for the respective countries and establish a cooperation framework in line with the current international situation. A number of representatives also had the chance to address the strategic views for the organization.

According to reports, Angola takes over the presidency of the organization for the next two years (2021-2023). As the host of the 13th conference, at the same time, marks the celebration of the 25th anniversary of the founding of the CPLP organization, Angolan President João Lourenço, delivered his welcome and closing addresses full of all diplomatic niceties, reminding detailing the primary objectives and vividly itemizing various tasks as the way forward into the future.

Monitoring those issues, as contained in his speech, sparked off one significant proposal. President Lourenço launched the challenge of creating an investment bank for the Community of Portuguese Language Countries (CPLP). “We can be a relevant economic force if we work for this we have left the challenge of starting to think about the pertinence and feasibility of creating a CPLP Investment Bank.”

According to his analysis, belated though, the creation of this potential bank is in line with the intention to include a new economic and business pillar, one of the priorities of the Angolan CPLP presidency.

President of the Business Confederation of the Community of Portuguese-Language Countries (CE-CPLP), Salimo Abdula, explained that it was with “satisfaction” that he had heard the announcement from Angola’s President, João Lourenço, about fortification plans for an economic pillar among the members of the ornization.

“We want to congratulate Angola,” Abdula said. “We know that it wants to invest in a fourth pillar – the economic one, and business cooperation. This is exactly what the Business Confederation of the CPLP (CE-CPLP) has been developing for years,” he said, adding that the idea of creating an investment bank, as proposed by President Lourenço in his inaugural speech as holder of the presidency, “is welcome, it is in fact a project that the Business Confederation has been developing for some time.”

Abdula, who comes from Mozambique, recalled that in 2014, there was a conference in Lisbon attended by representatives of central and commercial banks from almost all CPLP member states, “under the coordination and leadership of the Confederation, with the aim of studying an investment or development bank, which could support the integration of companies and not only, but also the needs for investment in infrastructure in a large part of the countries” mainly in Portuguese-language countries in Africa.

While acknowledging that this type of project is complex and takes time to implement, Abdula noted that the Confederation had, at the time, made a proposal for the CPLP to go ahead and create such a bank. “That was during the East Timor presidency, in 2014,” he recalled. It took some time to respond but, when it did, it gave a positive response, yet to date nothing has moved forward. The CE-CPLP did not, however, give up on the idea, according to Abdula.

“We have indeed consulted some states about what type of bank would be acceptable, whether with mixed capital or public capital, and the trend is towards mixed capital, that is public and private,” he said, explaining further that it would thus be “a bank with less political interference, with a more impartial governance, in order to ensure the interests of all countries across the board.”

More recently, the Confederation took up the issue again, at a business summit it organized in May in Malabo, capital of Equatorial Guinea, a CPLP member since 2014, which Abdula noted was attended by some political leaders. According to the Confederation President, “there was a positive manifestation from the government of Equatorial Guinea that it would look at this project” and several commercial banks have showed interest in this project.

Taking his turn at the conference, Portugal’s Prime Minister António Costa discussed, at length, the agreement on free movement within the Community of Portuguese-Language Countries (CPLP) and offered an assurance that parliament will ratify at the beginning of the next legislative session in September.

“The government is thus making an immediate priority of the parliamentary ratification of this agreement as well as the respective legislative framework on free movement and on academic qualifications. As soon as the work of the Portuguese parliament reopens, we will present this agreement for ratification and also the legislative framework that will allow for speeding up both the circulation and recognition of (academic) qualifications, because this is fundamental to people’s lives,” Costa told the conference gathering.

Costa then referred to problems that have existed in the past between Portuguese-language countries, such as Portugal and Brazil. “With this agreement, we will not again have the crisis of Brazilian dentists in Portugal (as in the 1980s), or, more recently, of Portuguese engineers in Brazil,” he said, referring to two situations where there was no mutual recognition of qualifications. Costa then moved to temper expectations, saying that the framework agreement on free movement “still requires development” and further diplomatic work.

Prime Minister of São Tomé and Principé Jorge Bom Jesus also comment positively on the mobility agreement will create a great space for movement and will allow movement within the CPLP. “We have to join forces to find new solutions to old structural problems, particularly from an economic point of view,” he said.

It is necessary for bilateral meetings to discuss cooperation, share several economic dossiers, debt, investments in the areas of energy, agriculture, industry, human resources and other strategic investments, Jorge Bom Jesus said and added “These are precisely for us to join forces and face the problems because they are common, which is why the solutions also have to be common.”

For many delegates, the conference is a platform to express primarily their views and reiterated vehemently the huge untapped potentials among the members. Portuguese-Mozambican businessman Paulo Oliveira said by illustrating the fact that the Community of Portuguese Language Countries (CPLP) is a house where you must apply for a permit to go from the bedroom to the kitchen, to illustrate barriers to investment. “The way of approach is completely different from one country to another, within the CPLP, and this, sometimes delays investment that could be carried out in a faster way,” he stressed.

As a further indication of optimism, Paulo Oliveira frankly believes opening of borders to greater mobility should be gradual – without throwing the doors wide open – with businesspeople, students and cultural agents in the front line. In his argument, it is necessary to take additional collaborative efforts towards shaping business development among the members. For example, in order to enhance investments in this organization, a common CPLP visa for business people and specialized labor would be a possible mechanism. In practice, all countries have things to offer if there is a different kind of mobility.

In an interview with Portuguese News Agency Lusa in Lisbon ahead of the conference, Portugal’s Foreign Minister Augusto Santos Silva indicated that Portugal expected what he described as “firmest and most absolute solidarity” from all member states of the Community of Portuguese Language Countries (CPLP) over the situation in Cabo Delgado in Mozambique.

Asked about a strengthening of multilateral cooperation under the CPLP, the head of Portuguese diplomacy was more cautious, but noted that there are missions from Portugal and other countries underway as well as from organizations such as the European Union and the Southern African Development Community (SADC), to help with security in Mozambique.

The conference, however, saw some progressive steps. The members signed an Agreement on Mobility and on Economic and Investment Cooperation.

The agreement on mobility establishes a “framework for cooperation” among all member states in a “flexible and variable” manner and, in practice, covers all citizens. Member states are offered range of solutions enabling them to take on “mobility commitments in a progressive manner with differentiated levels of integration”, taking account of their own internal specificities in their political, social and administrative dimensions.

In this context, the “freedom in the choice of the mobility modalities, of the categories of persons covered” as well as of the countries of the community with which they wish to establish partnerships. For two decades, the question on facilitating movement has been discussed consistently among the members without any concrete decision. Strengthening economic cooperation is another thorny question still on the table.

During the conference, Namibia’s President Hage Geingob commended Portuguese-speaking countries for their effort to open up borders to foster economic co-operation and hails Lusophone unity necessary for pursuing their multifaceted ambitions. He said the agreement on mobility among CPLP member states that “is an important step in making sure that our borders remain open to strengthen and promote business and economic relations in times of the pandemic.”

President Geingob added explicitly that, “As observer states, we join hands with CPLP members to strengthen our local, regional and global governance architecture. The values of international cooperation and multilateralism that underpin the CPLP are fundamental for the promotion and strengthening of peace and security and socio-economic development. The equality of all states cannot be over-emphasized, as stipulated in the Charter of the United Nations. Let us, therefore, continue to treasure the unity of our nations, a unity forged in blood and defined by kinship.”

President of the Republic of Cabo Verde, Jorge Carlos de Almeida Fonseca, praised the political and diplomatic coordination in improving the assertion of CPLP countries in the international arena, reiterated its commitment to strengthening solidarity and cooperation aimed at ensuring the economic and social development of the peoples.

In short communique referred to as the “Luanda Declaration” signed by the Heads of State and Government and their representatives at the end of the 13th CPLP Conference, the participants reiterated their commitment to peace and harmony, the rule of law, democracy, human rights and social justice.

The leaders welcomed the choice of the motto “Building and strengthening a common and sustainable future” for the event and pledged to promote political dialogue, exchange of experiences and cooperation, with a view to enhancing the achievements of the CPLP in all areas.

As considered an additional challenge to the fulfillment of the 2030 Agenda and the Sustainable Development Goals within the community, expressed regret at multiple factors hindering this development process. The CPLP reiterated the need to build public policies aimed at creating the necessary infrastructure to democratize access to new technologies, promoting training and education suitable for their use.

The Heads of State and Government decided to increase multilateral action in terms of capacity building, sharing of experiences, networking initiatives and development of partnerships, within the scope of promoting trade and investment aimed to preserve and create decent jobs, income and productive capacity.

They reiterated the importance of progressively integrating economic cooperation into the general objectives of the CPLP, as well as the consolidation of a multilateral community agenda for the sector, with a view to contributing to the economic and social development of the member states.

They adopted the Mobility Agreement between member states, an instrument that aims to effectively, contribute to greater circulation within the community, to increase cooperation relations in all areas and to promote the feeling of belonging to the CPLP.

Attended the ceremony also the Presidents Cabo Verde Jorge Carlos Fonseca, Guinea-Bissau Umaro Sissoco Embaló and Vice President of Brazil Hamilton Mourão. There were representatives of the Heads of State of Mozambique, East Timor and Equatorial Guinea, Special Representative of the United Nations François Lounecény Fall, as well as representatives of the United Nations and the Organization of African, Caribbean and Pacific States (OACPS).

There were social and cultural aspects of the conference. Portuguese President Marcelo Rebelo de Sousa donated his José Aparecido de Oliveira prize, stressing that the CPLP “is a community of common principles and values” while he presented the prize awarded  by the Community of Portuguese Language Countries (CPLP), to the victims of terrorism in Cabo Delgado, northern Mozambique.

Established in 2011 and biennial in nature, the José Aparecido de Oliveira prize, named after one of the main creators of the CPLP, honors personalities and institutions that stand out in the defence, appreciation and promotion of principles and values and community objectives, as well as in carrying out studies and related research work.

Mozambique’s Leonardo Simão appointed CPLP Goodwill Ambassador, a new resolution approved at the Luanda concerns the approval of new CPLP Goodwill Ambassadors. Among those appointed for a four-year mandate, renewable for a further four years, were Leonardo Santos Simão, a former Foreign Minister of Mozambique, for the area of political and diplomatic consultation, and Filipe Silvino de Pina Zau, a University Professor and Researcher in Angola, for the Portuguese language area.

Two leading athletes from Portugal – Olympic triple-jump champion Nelson Évora, and another triple-jump athlete, Patrícia Mamona, who this year won the gold medal at the indoor European Athletics Championships, are the ambassadors for the areas of youth, sport and gender equality.

The fundamental role of CPLP Goodwill Ambassador is to “widely promote the objectives and disseminate the activities of the CPLP.” These are social and cultural developments at the 13th Conference of Heads of State and Government, chaired by Angola, so also was the signing of an agreement on free movement and the declaration of a new priority: strengthening economic relations.

With headquarters in Lisbon, CPLP is a multi-regional organization created in 1996. It comprises Angola, Brazil, Cabo Verde, Equatorial Guinea, Guinea Bissau, Mozambique, Portugal, Sao Tome and Principe and East Timor. The CPLP Conference of Heads of State and Government is the community’s highest organ. It meets every two years and is responsible for defining and guiding its general policy and strategies.

The Associate Observer and Consultative Observer status, without the right to vote, were established in 2005. Consultative observers, of which there are now more than 100, are civil society organizations that may develop joint projects with the CPLP. Namibia is among 19 observer countries to the CPLP together with Uruguay, Senegal, Georgia, Japan, Turkey, Czech Republic, Slovak Republic, Hungary, Mauritius, Argentina, Chile, Italy, Andorra, France, Luxembourg, Serbia, and the United Kingdom.

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Former South African president is pursuing a treasonous strategy

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The foundation of our Constitutional order is its claim to and maintenance of legitimacy. A threat to its legitimacy is an existential threat to the State and its citizens. Jacob Zuma’s Stalingrad legal defence and perpetual victimhood are among the tactics he employs in pursuit of his strategy. We must see the forest for the trees. Zuma is actively pursuing the delegitimisation of the South African State. This pursuit becomes apparent when examining his central stratagems.

Undermining the State’s authority

Zuma asserts that it is not him, but the State that is behaving in an unconstitutional manner. In his challenge to the Commission of Inquiry into Allegations of State Capture, Zuma alleges that he cannot conscientiously comply with the Commission as its terms and therefore the entire Commission is irregular. He says that it “recommended that the chairperson of the inquiry be appointed by the Chief Justice and not the president as is the normal and correct legal procedure”. On these grounds, Zuma claims that the Commission chaired by Justice Zondo is legally invalid and that he, therefore, cannot legally engage it. Only if Zondo recuses himself, as demanded by Zuma, would the Commission not be illegal. “Had Judge Zondo simply recused himself”, said Zuma in his 4 July media conference, “the people of South Africa would have heard my version”. In an affidavit, Zuma says: “I do not believe that it was established in terms of the Constitution…that issue will be the albatross around the neck of its legitimacy”.

Zuma builds from this foundation, asserting his innocence. He maintains that the Commission’s actions against him were invalid. Conscious of his centrality to the Commission, he must have anticipated as the former President, or simply to assure his compliance, that it would provide him with certain privileges. He was right. In its judgement ordering Zuma to answer to the Commission, the Constitutional Court found that the Commission was indeed biased and afforded Zuma special treatment; “no reason was furnished for this favourable treatment to the former president. The commission was alive to the fact that the Constitution requires the equal treatment of witnesses under the law”. This judgement should not be misconstrued. It was a major victory for Zuma’s strategy to discredit the State’s authority.

Zuma’s defence in his corruption trial follows a similar approach. His special plea and his call for acquittal are based on the argument that advocate Billy Downer has no title to prosecute. That the state has an illegitimate prosecution and that thereby the State is illegitimate. Again, while his stratagem may not achieve his personal ends, it primarily seeks to asperse the authority of the State. 

When served with an order from the Constitutional Court to attend the Commission, Zuma did not oppose. Instead, he maintained that he could not participate with the proceedings of an illegitimate Commission. By compelling him to attend, Zuma argues that the Constitutional Court was itself acting illegitimately by advancing an invalid institution. It follows then that when Zuma was asked to submit to the court’s requests, to comply with the summons from the Commission, he refused. Instead, he wrote a lengthy letter casting aspersion on the justices of the Constitutional Court, alleging the Court to have become politicised and thereby failing to uphold the Constitution.

Political subversion of Constitutional authority

Throughout Zuma has maintained that he does not regard himself to be above the law. That his actions should not be construed as being defiant to legal processes. Instead, says Zuma, he is being defiant of those who are failing to uphold and apply the law. This is a political charge that seeks to subvert State institutions to the realm of politics.

Zuma’s refusals to comply with the legal orders, and his arguments that the State has denigrated his Constitutional rights are charges of injustice committed against his person. His claim of being a conscientious objector who is “not scared of going to jail for my beliefs”, suggests that his is the just and authoritative approach. This is unprecedented. Much of what he says and does has legal and other experts confused. How could he, guided by his lawyers not see his arguments to be legally irregular and irrelevant. Herein lies the rub: by making a passionate claim about State affairs as applied to his person, he is not making a legal but instead a political argument that seeks to elevate political above legal authority.

Zuma makes the affairs of the State a matter as applied to individuals and not about the dispassionate application of Constitutional ideals and principles. By personally challenging State institutions, Zuma subjugates the ends of the State to the ends of politics. He uses his stature to peddle misrepresentations about his supposed poor health and financial strain. He misdirects, saying that sending him to jail during the pandemic would be a death sentence. This performance seeks to ensure that the courts engage him personally. When legal rulings are made, he contorts them into being political, stating that judges are biased and have vendettas against him.

Zuma’s populist claim is that legal power is constrained, that the Constitutional order is ineffective in achieving the revolutionary ends of the liberation movement. Instead, it is only through politics that the ends of the materialist revolution, or simply Radical Economic Transformation can be achieved. To Zuma, the Constitutional State was always a means towards the ends of the revolution. Unconstrained political power, where the ends justify the means is therefore the superior and legitimate approach. 

Equating Constitutional democracy with Apartheid

The greatest challenge to the South African state is for the Constitutional order to be popularly delegitimized. A central charge Zuma employs is to liken the Constitutional to the Apartheid State. He knows very well that the just and legitimate South African order is seen relative to the unjust, immoral system that preceded it. Constitutional legitimacy is founded upon it perpetually surmounting and transforming the illegitimacy of the Apartheid regime. Zuma has increasingly equated his current treatment to that which he experienced under Apartheid. He says that the Commission is behaving “exactly like the Apartheid government”, alleging there to be “a judicial dictatorship in South Africa…like the injustice of Apartheid”. In his letter to the Constitutional Court, he states: “I had never imagined that there would come a time when a democratic government in South Africa built on Constitutional values would behave exactly like the apartheid government”. Zuma lambasts the current regime; “I am very concerned that South Africa is fast sliding back into Apartheid-type rule”. He compares his treatment to that of Robert Sobukwe’s arbitrary imprisonment and says that lockdown has “all the hallmarks of a state of emergency and the curfews of the 1980s…the substance is exactly the same. Being jailed without trial is not different to the Apartheid detention without trial”. This latter claim, of being jailed by the Constitutional Court ruling as a court of first instance, has become a primary and powerful proof in his strategic argument. By equating the democratic to the Apartheid regimes, he legitimises any action against it; “I am left with no other alternative but to be defiant against injustice as I did against the apartheid government”.

Subverting order to disorder

Zuma and his acolytes instigate disorder. The violent protests that are spreading throughout the nation do not only recall the anti-Apartheid tactics of sowing instability and fear. They are justified by Zuma insisting that the democratic State is akin to the illegitimate Apartheid State.

By defying its orders, Zuma challenges the State institutions to pronounce and to act against him. By demanding that the High Court declare on a Constitutional Court judgement and then to say if the court does not find in his favour that anarchy will descend over the country is an existential threat. Zuma does not only pit the courts against each other, he maliciously contends that the minority judgement of the Constitutional Court signifies contention between judges. Zuma knows that the Constitutional Court has no operational force, that its legitimacy resides in precedent and trust. By muddying judicial precedent and suggesting judicial discord, he provokes others to follow his destabilising course.

Not only does he personally attack the judges, but he also uses the values whereupon the State is founded against itself. Accusing the State of not upholding Constitutional values, while rejecting these values in his invective not only flies in the face of the national project, it seeks to derail the transformational and reconciliatory national project. Leaders are expected to embody the ideals that afford the State legitimacy. Zuma uses politics, rejects ideals, and breaks the State down.

Moving forward

When we look beyond Zuma’s ad hoc postures, we see a calculated and consistent strategy to undermine the supremacy of the Constitutional order. Though he may have handed himself over, count on him to use his acquiescence as a proof to further his greater strategy. It is time to look past individual misdemeanours. If his plan of attack is not appropriately rebuffed, his followers and others will increasingly employ similar, fundamentally dangerous approaches. The State cannot merely deny Zuma’s assertion that it is illegitimate. It must prove its legitimacy by charging those whose intents and actions threaten its fundamental existence.

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Community of Portuguese Language Countries: Forging Cultural Unity in Economic Diversity

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The Community of Portuguese Language Countries (CPLP) established with the fundamental objectives to promote sustainable development, scale-up social standards and preserve the unique language culture among the Portuguese-speaking countries. The CPLP’s nine member states are Angola, Brazil, Cabo Verde, East Timor, Equatorial Guinea, Guinea-Bissau, Mozambique, Portugal and Sao Tome and Principe.

In a review of 25 years of the CPLP, Fernando Jorge Cardoso, Researcher at the Centre for International Studies at Lisbon’s ISCTE University Institute, argues that the CPLP is far from being an economic organization as most of its members have stronger economic relations with countries outside the CPLP.

Speaking in an exclusive interview with Kester Kenn Klomegah early July, Fernando Jorge Cardoso, among many other significant questions, underscores the fact that a country belonging to multilateral groupings is very beneficial, but each of CPLP member state has other stronger relationships while defending the common heritage of the Portuguese language and culture. Here are the interview excerpts: –

In the first place, what would you say, in objective assessment, about the Community of Portuguese Language Countries – its achievements to date, and existing challenges?

There are so many aspects of the CPLP, but considering that in its statutes the community has the objective to increase diplomatic collaboration in multilateral fora, to encourage the relationship among entities of the civil society of the CPLP members and to re-enforce the use of Portuguese language, my assessment is positive.

All countries have budget constraints and what has been achieved is inseparably dependent upon that, so there is no spectacular achievements of the community, just a fair accomplishment of those three major aims as mentioned above.

The group holds a summit marking 25 years on July 16 to 17 in Luanda, Angola. What issues do you think are the most paramount for discussion? In terms of good governance and democracy, are there any deficiencies in the system of approach in these countries?

Most members of the CPLP are young countries with lots of troubles on creating sound states, having a clear division of powers and an innocuous accomplishment of democracy and human rights. There is a lot yet to be done, but the process is on track, in spite of problems of bad governance and systems inefficiencies in almost all the countries of the community. I do think there is a lot to commemorate, but I also believe there are reasons for continuing cooperation.

The dynamics of economic growth are different among members of the group, the resources and levels of sustainable development vary widely. What are your arguments here, the best and the worst development scenarios?

All these countries belonging to CPLP are not countries with common borders. They belong to diverse economic and geopolitical spaces. Therefore, CPLP differently from Francophonie or commonwealth is not a “natural” group of countries sharing common problems, other than those that are established in the objectives. The question here is not to have grandiose expectations. Therefore, it will be completely natural that development of each country will follow diverse paces and confront diverse scenarios. This is a cooperation space, not a kind of economic organization or political integration project.

In addition to theoretical targets, there must be considerable impact on the basic needs of the population: health, education and employment-creating sectors. Do leaders of the Community of Portuguese Language Countries think the same way as expected by the ordinary people?

Here it is important to understand that each country has its own reality and governments follow diverse strategies. There is not the will or the capacity of Portugal or any other country to influence the development of the community members.

Do you think the culture and social traditions unite these countries? Do people feel there has been unity in cultural diversity over the years? What should be the way forward for the organization or group?

There are some problems here. Some people, mostly in Portugal and Brazil refer to the CPLP as a “Lusophone Community” while others look at it from different perspectives. This is far from realty. There is a diversity of languages inside the other CPLP countries, the Portuguese functions as an official language that helps to create a sense of national unity and regional differentiation, But it does not substitute for the realty of diverse cultural settings among and within the countries.

Besides the fact that a great proportion of the population of newly independent countries do not speak Portuguese in a day-to-day basis. So this is not a Lusophone community, it is Portuguese official language group of countries that share some cultural elements due to history – to make it clearer, on subjects such as gastronomy, music, literature (or even soccer), for example. Cultural diversity is the name of the game, any intention of trying to build a Lusophone community for Portuguese language speaking community is bound for failure and conflict.

And finally, talking on external relations – to what extent foreign states influence the group members? Despite the fact that Portuguese is widely and commonly spoken, they look up to the United States, Europe and Asia, not only to Portugal? 

What is interesting here is that each country looks for diverse ways of international integration and collaboration. CPLP is and should continue to be a loose organization. The more loose it is, the more effective it will be, avoiding interference on domestic matters and, therefore, increasing the space for mutual collaboration in multilateral fora and among the community members. Summing up, CPLP is not a Lusophone space and, for sure, cannot be equalized to Francophone or Commonwealth. This is the only way to move forward.

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