Africa Up Close

The ICC’s premises in The Hague, Netherlands. Photo by UN Photo/Rick Bajornas, via Flickr. Creative Commons.

In February 2016, I wrote a piece for Africa Up Close on “South Africa, the AU, and tensions around the role of the ICC in Africa.” The context of the piece was Sudanese President Omar al-Bashir’s controversial visit to South Africa to attend the African Union Forum for China and Africa Cooperation (FOCAC) leadership summit in June 2015, and the subsequent call by Zimbabwean President Robert Mugabe in January 2016 for the withdrawal of African countries en masse from the International Criminal Court (ICC) owing to its “anti-African” stance. After presenting an argument against withdrawal from the Court, I ended the piece by stating that an outcome of withdrawal was, in any event, unlikely. I was sorely wrong.

Delegates gather in South Africa for a UN climate summit in 2011. Photo by UN Photo/UNFCCC/Jan Golinski, via Flickr. Creative Commons.

Most African states are more vulnerable and less prepared to address climate change challenges than the rest of the world. This observation is supported by a wide variety of sources, including the Climate Vulnerability Index and the Notre Dame Global Adaptation Index. And in fact Africans and their political leaders frequently observe that this crisis, manufactured in the developed world, disproportionately affects their continent. During a meeting of the African Union in 2007, Ugandan President Yoweri Museveni called climate change “an act of aggression” by the rich against the poor.

Once-and-current Finance Minister Pravin Gordhan, center-left, walks with now-former Finance Minister Nhlanhla Nene, center-right, ahead of a 2014 budget speech. Photo by Government Communication and Information System, South Africa, Creative Commons via Flickr.

In post-colonial Africa there has been a tendency for personalized autocratic rule to capture the state in maximizing incumbent vested interests. This has been at the expense of constitutional government, competent governance, and broad-based development. This has been the path to state failure—and worse—for many a country in (nominally) post-colonial Africa. Advancing the national interest takes a back seat to the cronyism of patronage in advancing dominant elite interest. This, however, was never expected to befall ‘The Beloved Country.’

The International Criminal Court building looms over The Hague, Netherlands. Photo by Vincent van Zeijst, Creative Commons via Wikimedia Commons.

The tensions between the African Union (AU) and the International Criminal Court (ICC) are not new. When the ICC indicted Sudanese President Omar al-Bashir in 2009 for crimes against humanity, war crimes, and genocide committed in Darfur, the AU raised concerns about the jurisdiction of the court to do so. In 2016, he has yet to be arrested. When the court issued a warrant for the arrest of the now-deceased President Muammar Gadaffi of Libya in 2011, the AU again rejected the right of the ICC to indict a sitting head of state. In the same year, President Uhuru Kenyatta of Kenya was ordered to appear before the court on five counts of crimes against humanity with regard to the election violence in Kenya. The war crimes trial of former President Laurent Gbagbo of Côte d’Ivoire began in December 2015, rekindling criticisms of the international justice system from across Africa.

Over the past few weeks the international community has been reeling from Sudanese President Omar Al-Bashir’s visit to South Africa, which is largely being touted as a flagrant disregard for international law. Al-Bashir is wanted on charges of war crimes, crimes against humanity, and genocide in connection to the Darfur conflict, responsible for 300,000 deaths and the displacement of over two million people since 2003.

I recently attended an international conference in Pretoria, which, in addition to the excellent presentations and deliberations on the foreign policies of so-called “African driver states”, also featured a passionate exchange between a former South African diplomat and an Ethiopian intellectual. The exchange took place in the context of a session that was dedicated to interrogating challenges to South Africa’s regional leadership. Not surprisingly, the issue at hand was whether South Africa’s diplomacy in Africa was in sync with the expectations of other countries on the continent or, at least, was conducted in a manner that recognized the leadership of other African regional heavyweights. Earlier, a delegate from neighboring Botswana, citing examples of regional development projects that were supposedly derailed by South Africa, had in the same context likened South Africa’s behavior in the region to that of a self-interested hegemon. But, it was a suggestion from the Ethiopian scholar that seemed to have hit a nerve, and prompted me to reflect on the significance of historical bonds of solidarity to contemporary relations among African states.

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On November 17, 2014, the Minister of Constitutional Affairs under President Nelson Mandela and Chairman of the South African Defence Review (2011-14), Roelf Meyer, opens a two day symposium on the challenges of southern oceans governance and economic opportunities while exploring maritime security and naval cooperation issues. Co-hosted by The Institute of Global Dialogue at the University of South Africa (IGD-UNISA) and the Department of International Relations and Cooperation: Policy Research and Analysis Unit in partnership with the Open Society Foundation, the Friedrich Ebert Stiftung and its Southern African Defence and Security Management network, the symposium’s theme covers: ‘The Blue Economy and Maritime Security challenges in South and Southern Africa: Leadership dilemmas in promoting a global South dialogue on Indian and South Atlantic Oceans governance.’

On May 7, 2014, 17 million South African streamed to the polls to cast their votes for National, Provincial, and Municipal level leaders. Except for a few minor disturbances and one large protest in the Johannesburg township of Alexandra, the day went without incident. The elections are being hailed as an “overwhelming” or “decisive” victory for the African National Congress (ANC). In fact, by almost any democratic standard, the ANC did blow its opposition away, taking 62.15% of the national vote and winning 8 out of 9 provinces, as well as the vast majority of municipalities. One can forgive the street celebrations that burst out in Johannesburg and elsewhere, and the speech the President Zuma made taking his naysayers to task with no small show of swag. The ANC is fully in charge, even though its parliamentary majority has been chipped down a bit, and shows every sign of striding into the next 5-year term with confidence.

The immediate future of Swaziland’s duty-free export market to the United States (US) through the Africa Growth and Opportunity Act (AGOA) is hanging by a thread this month. In April 2014, the US AGOA delegation and senior government officials in Swaziland, including the country’s long serving Prime Minister Barnabas Sibusiso Dlamini, met over the country’s eligibility status as an AGOA beneficiary. The meetings assessed progress made by the Swaziland government in implementing five benchmarks related to the country’s continued eligibility for AGOA concerning labor and political rights law and regulation, before a May 15, 2014 deadline.

My Experience as a Foreign Service Officer in South Africa during the Apartheid Era

I knew Nelson Mandela long before I met him – not an uncommon feeling amongst those who had lived and worked in South Africa.  I arrived as a young political Foreign Service officer at the American Embassy in Pretoria in 1976.  I was assigned to cover “black political affairs,” which meant getting to know and interacting with the majority population and its leaders during the height of the racist Apartheid government’s rule.

I came to know dozens of important and influential African leaders at this time, such as Steve Biko, Mamphela Ramphele, Cyril Ramaphosa, Smangaliso Mkatchwa, Barney Pityana, Nthatho Motlana, Winnie Mandela, Desmond Tutu, Frank Chikane, Murphy Morobe, and a myriad of township and student leaders.  I visited many individuals in prison, like Percy Qoboza or Enoch Duma, or in internal exile like Ramphele, Biko, or Winnie Mandela.