By Alemayehu G. Mariam
Life and Times of Democracy in Africa
The long march of democracy in West Africa seems to be well underway. In July 2009, I wrote a weekly commentary marveling about Ghana’s multiparty democracy. Wistfully, I asked the {www:rhetorical} question: “Why is democracy in motion in Ghana, and on life-support in Ethiopia?”
In May 2011, in another commentary I expressed my admiration for Cote d’Ivoire President Alassane Ouattara when he publicly asked the International Criminal Court (ICC) to conduct an investigation into gross human rights violations in his country, despite the high risk that he and his top leaders and supporters could potentially be implicated in such an investigation. I rhetorically asked: “Could the election of Alassane Ouattara signal the beginning of Africa’s second independence? Is there hope for the end ofthugtatorship in Africa and the beginning of a new era of democratic {www:governance}, openness and political accountability?”
Hope springs {www:eternal} in Africa and light is now visible at the end of Africa’s thugtatorship tunnel. On May 31, 2011, Nigeria’s newly-elected president Goodluck Johnathan’s lifted the dark curtain of secrecy that had shrouded Nigerian politics for decades by signing a freedom of information act (FOIA). Nigerians now have the legal right to demand open government, political accountability and transparency.
Meanwhile, democracy in East Africa remains on life support. It suffered a massive stroke in Ethiopia in May 2010 when dictator Meles Zenawi declared election victory by 99.6 percent. Since 2005, Zenawi has put that country’s tiny private independent press on the ventilator and {www:tethered} the rule of law to the heart-lung machine. He put human rights in intensive care and has managed to anesthetize the population into silence. A couple of weeks ago, he secretly sought to negotiate a deal with the Governing Board of the Voice of America (VOA). If the VOA blacklists and blackballs his critics in the U.S. and banishes them from ever appearing on VOA broadcasts, the electronic jamming will be lifted. Last week, Zenawi’s henchmen appeared before the Human Rights Committee of the U.N. High Commissioner for Human Rights to boldly claim that the independent press operates freely in the country, there is not a single instance of official torture and so on.
In Uganda, Yoweri Museveni, who seized power in 1986, became president-for-life in 2011. In Kenya, democracy survived by the skin of its teeth after 1,500 people were killed and 600,000 displaced in election-related violence in 2008. Somalia? What more can be said about Somalia?
Freedom of Information in Nigeria
Nigeria’s FOIA, like Ouattara’s request for an ICC investigation, is one of those {www:bellwether} events that could be used to determine whether Africa is poised for a second independence from thugtators in uniform or designer suits. The law has been in the planning and deliberation process for over a decade. It aims to deal with the core problems of governance in Nigeria – endemic corruption, lack of accountability and transparency and official secrecy. Gbenga Adefaye, President of the Nigerian Guild of Editors, explained that the Act “has expanded the frontiers of press freedom for Africa’s most vibrant press.” He praised Johnathan for his “personal commitment to openness, transparency, accountability and good governance.”
The consensus among Nigeria’s opinion leaders is that the law will not only serve to improve governance but also empower citizens and enhance their ability to effectively participate in the democratic process. Armed with critical information on the functions and operations of government institutions and performance of political leaders, citizens could help keep government clean, expose and fight corruption and hold accountable those officials who rob the public treasury and abuse their powers.
The law establishes “the right of any person to access or request information” from “any public official, agency or institution.” One need not give a reason to request information. A public agency must provide the requested information within 30 days. If the information is not turned over, the person requesting can get a court order to compel disclosure. The law makes a narrow exceptionfor information that is likely to “ jeopardise national security, affect the conduct of international affairs or would amount to the release of trade secrets of the country.”
All “public institutions” are required to keep “records and information on all of their activities, operations and businesses”. The information to be kept include a wide variety of documents ranging from organizational manuals, official decisions, rules, regulations, planning documents, reports and studies to applications for any contracts, permits, grants, licenses or funds and even the names and salaries of public employees. Such information must be “widely disseminated and made readily available in print, electronic and online sources, and at the offices of such public institutions.”
A public institution may deny a request but must “state reasons for the denial.” If a “wrongful denial of access is established, the defaulting officer or institution shall on conviction be liable to a fine of N500,000.00].” Any public employee who “willfully destroys any records kept in his/her custody or attempts to doctor or otherwise alter same before they are released” is subject to imprisonment for one year.
Unfreedom of Information in Ethiopia
In 1991, Zenawi as a victorious rebel leader declared, “Now is the beginning of a new chapter. It is an era of unfettered freedom.” Twenty years later today, we have an era of “unfettered” unfreedom of information. While Nigeria is opening its political process to the light of public scrutiny, Zenawi has blanketed the country with an electronic information blackout and kept busy drawing up blacklists of imaginary enemies he wants censored and gagged in the U.S. and elsewhere.
Since 2010, Zenawi has electronically jammed the broadcasts of the Voice of America, Deutsche Welle and the Ethiopian Satellite Television (ESAT). Following the 2005 elections, he managed to totally decimate the independent press by shuttering newspapers and jailing journalists. Last month he jailed two young journalists, Woubshet Taye, deputy editor of Awramba Times (a struggling weekly paper) and one of the few female journalists in the country, Reyot Alemu of Feteh (another struggling weekly paper) newspapers, on bogus charges that they were “organizing a terrorist network.” According to the Committee to Protect Journalists, “Alemu had recently criticized the ruling party’s public fundraising method for a major dam project on the Nile, and Taye has critically covered local politics as the deputy editor of his newspaper.”
Last week, Zenawi jailed Swedish photojournalist Johan Persson and reporter Martin Schibbye on charges that they crossed over the border from Somalia without accreditation. Press repression in Ethiopia is so massive and intense that Zenawi even censored World Press Freedom Day events this past May. Ethiopia has the second lowest Internet penetration rate (after Sierra Leone) in sub-Sahara Africa. Every Ethiopian pro-democracy website is blocked from access in Ethiopia.
President Ronald Reagan said, “Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire, it wafts across the electrified borders.” If that is true, Ethiopians today must be suffering from an acute case of hypoxia and breathing through the heart-lung machine. Supposedly, Ethiopia has a freedom of information law (Proclamation No. 590/2008 – A Proclamation to Provide for Freedom of the Mass Media and Access to Information.) Anyone who has carefully studied this proclamation will be impressed by the lofty platitudes, truisms and boilerplate legal clichés and verbiage borrowed from the laws of other nations. But as a piece of legislation, it is hollow, vacuous and meaningless. In Article 4, it provides, “Freedom of the mass media is constitutionally guaranteed. Censorship in any form is prohibited.” Yet the proclamation bursts with heavy-handed censorship. Onerous burdens are placed on “editor-in-chiefs”, “media owners”, “publishers”, “importers”, “printers”, “distributors” and ordinary citizens who seek to gather or disseminate information through an elaborately camouflaged system of registration, certification and licensing requirements. It compels self-censorship through direct threats of serious criminal and civil prosecution for “offenses committed through the mass media” (Arts. 6-9; 41.)
Under the proclamation, citizens supposedly have a right of “access, [to] receive and import information held by public bodies, subject to justifiable limits based on overriding public and private interests.” But the “justifiable limits” include non-disclosure of any Cabinet documents or information (Art. 24), any information relating to the “financial welfare of the nation or the ability of the government to manage the economy of the country” (Art. 25), and any information on the “operation of public bodies [including] an opinion, advice, report or recommendation obtained or prepared or an account of a consultation, discussion or deliberation… minutes of a meetings…” (Art. 26). Simply stated, no information may be released on the activities of government ministers and officials, banks or any other official financial institutions and the internal {www:proceedings} or external reviews of public institutions. To top it all off, any public body may refuse a request for information if it determines for any reason the “harm to the protected interest which would be caused by disclosure outweighs the public interest in disclosure.” (Art. 28.) Such is freedom of information by smoke-and-mirrors.
Nigeria now has a reasonable chance of having openness and transparency in government with its FOIA. For decades, Nigeria’s government has suffered a reputation as one of the hopelessly corrupt in the world. Allegations of massive {www:graft}, fraud, abuse, waste and conflict of interest in government have persisted year after year. Despite anti-corruption laws and enforcement efforts, the problem of corruption in Nigeria has not diminished. The Nigerian judiciary and law enforcement agencies are criticized widely for lack of integrity and professionalism.
There are many who say implementation of the law will be nearly impossible because of the prevailing culture of corruption in Nigeria. No one believes the FOIA is a panacea to the problem of corruption or governance in Nigeria, but the availability of a legal tool that can be used aggressively by a determined few in the media could put a big chill on the criminal activities of the thugs and gangsters that have a chokehold on power. Minimally, Nigeria’s FOIA could be used to name, shame and prosecute some of the most corrupt officials and create broad public awareness for clean honest government.
It is said that “absolute power corrupts absolutely.” Freedom of information is the principal tool by which the absolute powers of dictators can be curbed. African dictators, like hyenas on the African plains, like to operate in the dark invisible to the prying public eye. It is through freedom of information laws that these hyenas could be forced out of the dark and into the public square and be held accountable.
Hope springs eternal in Africa. The rising sun of democracy over North Africa is casting rays of hope on West Africa. The sun that rises for North and West Africa will also rise for East Africa. The African Lords of Darkness should not feel victorious because keeping a nation in the dark does not mean the people are blind, deaf and dumb. The light of freedom shines in the hearts and minds of the oppressed during the day and at night; and there is no power on earth that can put out that light. Those condemned to live in darkness should always remember that night always turns into light; the moon, the stars and the heavens shine brightly in the darkest of nights, and it is always darkest before the dawn. Until dawn breaks, let us reflect on the words of Shakespeare: “There is no darkness but ignorance…I say, this house is as dark as ignorance, though ignorance were as dark as hell; and I say, there was never man thus abus’d.” I say there was never nation thus abus’d.
Previous commentaries by the author are available at: www.huffingtonpost.com/alemayehu-g-mariam/ andhttp://open.salon.com/blog/almariam/
By Alemayehu G. Mariam
Note: This is the fourth installment in a series of commentaries I intend to offer on U.S. foreign policy (or lack thereof as some would argue) in Ethiopia. In this piece, I argue that the Obama Administration’s recently announced Kleptocracy Asset Recovery Initiative to go after corruption in Africa and elsewhere could prove to be an extraordinarily effective tool to improve human rights on the continent. By focusing on corruption, the Obama Administration could reasonably demand good governance practices of African “leaders” while maintaining cooperation on counter-terrorism and security issues.
The Africa Kleptocracy Project
In June 2008, when presidential candidate Barack Obama was a few months away from electoral victory, I warned those dictators who survive by pickpocketing the American tax payer of the arrival of a “new sheriff” in town and advised them to clean up their acts and “shape up”[1]: “A new sheriff is coming to town. He does not carry a six-shooter but carries a law book. And he’s laying down the law for all the tin-pot dictators of the world.” In April 2009, I “read the tea leaves”[2] again and urged Africa’s panhandling dictators to “ride out before the big roundup” because the “new sheriff and posse are in town.” I am glad to say I read the tea leaves just right.
Barack’s Posse was a little late but finally showed up in Kampala, Uganda last week to lay down the law to Africa’s top kleptocrats (thieves masquerading as “heads of state”) gathered at their annual summit. President Obama’s “undersheriffs”, Attorney General (A.G) Eric Holder and Johnnie Carson, U.S. Assistant Secretary for African Affairs, told the huddled kleptocrats that a special Kleptocracy Asset Recovery Initiative (KARI) has been established in the U.S. Justice Department to recover the money they and their criminal cohorts have stolen from their citizens and restore it to its intended use:
I am pleased to announce that the U.S. Department of Justice is launching a new Kleptocracy Asset Recovery Initiative aimed at combating large-scale foreign official corruption and recovering public funds for their intended – and proper – use: for the people of our nations. We’re assembling a team of prosecutors who will focus exclusively on this work and build upon efforts already underway to deter corruption… I know that prosecution is not the only effective way to curb global corruption. We will continue to work with your governments to strengthen the entire judicial sector… We must also work with business leaders to encourage, ensure and enforce sound corporate governance. We should not, and must not settle for anything less… As many here have learned — often in painful and devastating ways — corruption imperils development, stability, competition and economic investment. It also undermines the promise of democracy… Like President Obama, I believe that the 21st century will be shaped by what happens here in Africa. Your security and prosperity, the health of your people and the strength of your civil society, will have a direct and profound impact on the world’s communities and on the advancement of human rights and human progress everywhere.
A couple of months ago, A.G. Holder addressing the 35-nation Organization for Economic Cooperation and Development in Paris said:
Put simply, corruption undermines the promise of democracy. It imperils development, stability and faith in our markets. And it weakens the rule of law. Corruption erodes, even destroys, the faith of citizens in their governments. As I speak, a corrupt official somewhere is enjoying undeserved and illegal proceeds. He may be driving a brand-new luxury car. She may be filling her off-shore bank account with tainted cash. They may be traveling first-class on all-expenses-paid holidays. Bribery in international business, for example, may center on shell companies and wire transfers, but no matter where — or how — it happens, the corrosive result is the same: stymied development, lost confidence and distorted competition. The result is unfairness, not justice; the consequence is economic decay, not development.
African Kleptocrats as Organized Criminals (Mafia)
In my commentary “Africorruption, Inc.”, I argued that the business of African governments is corruption.[3] In other words, the majority of African “leaders” seize political power to operate sophisticated criminal enterprises to loot their national treasuries and resources. President Obama’s approach to dealing with corrupt African governments is consistent with the informed view that corruption is not only the lifeblood of African dictatorships but also the most important single factor that accounts for gross violations of human rights and violent suppression of democratic institutions on the continent. Just like any organized criminal enterprise, be they street-level or Mafia-style gangsters, African kleptocrats have used threats, fear, intimidation and violence to maintain and perpetuate their corrupt financial empires. In that context, A.G. Holder’s announcement was nothing short of breathtaking. It was as though he was addressing the national convention of the “Commissione” of all the Mafia families from New York City, Chicago, Detroit, Miami, Atlantic City, Las Vegas, St. Louis, Los Angeles and Philadelphia. In Kampala, he was talking directly to the African equivalents of the Godfathers of the Bonnano, Columbo, Gambino, Genovese, and Lucchese crime families in one place. It was almost surreal.
Though A.G. Holder told the African kleptocrats that he has a posse of special corruption prosecutors saddled up, he omitted telling them what tools he would be using to bring them to justice. They can rest assured that he will be coming after them armed with the Racketeer Influenced and Corrupt Organizations Act (commonly referred to as the RICO Act or RICO; 18 U.S.C. § 1961–1968). RICO was originally enacted to prosecute the Mafia and others actively engaged in organized criminal activity. Over the years its use has been expanded to cover corporate and other crimes; and now its application is likely to be expanded even further to go after the corrupt and thieving African dictators who launder hundreds of millions of dollars every year in the U.S. buying businesses and homes and making “investments” in legitimate commercial enterprises. Section 1962 of RICO provides in part:
(a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity… to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. (b)… through a pattern of racketeering activity… to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce… (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity… (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.
Simply stated, African kleptocrats who rob their nations blind and bring their stolen loot to the U.S. to launder it will be tracked down and forced to disgorge and face jail time as well. What is potentially devastating to African kleptocrats is the fact that a RICO charge could be brought not only against them, but also their associates, business partners, investors, and any others in the U.S. or elsewhere who “directly or indirectly” facilitate their criminal enterprises. The penalties are severe: up to $25,000 and 20 years in prison per racketeering count. The racketeers must give up all of the gains from the criminal activity including the hundreds of millions tucked away in U.S. banks. RICO also allows private individuals damaged by the racketeer to file a civil suit and collect treble (three times) damages if they are successful. Proving a RICO charge in court is considered to be relatively easy as it focuses on “patterns” of behavior as opposed to criminal acts. Since conspiracy is one of the charges that could be brought in a RICO case, the kleptocrats’ underlings, accountants, business associates and partners and collaborators could be prosecuted.
Fixing Human Rights Violations by Prosecuting Kleptocrats
A.G. Holder says the Obama Administration is committed to battling corruption as “one of the great struggles of our time.” Holder’s words, if translated into concrete action could have a huge impact not only on governance in Africa but also in improving human rights protections. Corruption is fundamentally a human rights issue. As Peter Eigen, founder and chairman of Transparency International has argued, “[C]orruption leads to a violation of human rights in at least three respects: corruption perpetuates discrimination, corruption prevents the full realisation of economic, social, and cultural rights, and corruption leads to the infringement of numerous civil and political rights. Beyond that, corruption undermines the very essence of the rule of law and destroys citizens’ trust in political leaders, public officials and political institutions.”
The fascinating thing about the Obama Administration’s approach is its creative use of U.S. criminal statutes to deal with African dictators as organized criminal enterprises. Simply stated, the Administration has decided to deal with African dictators as Mafia bosses! If the U.S. could effectively investigate, vigorously prosecute and aggressively seize the assets of Africa’s kleptocrats, the continent may finally begin to see significant improvements in human rights and governance, a dramatic reduction in corruption and generate significant resources from recovered assets for investment in infrastructure and other social programs for the African population.
As I have previously documented[3], Transparency International [TI] (the global coalition against corruption) in its 2009 Corruption Perceptions Index (CPI) again bestowed upon Africa the dubious honor of being Kleptocracy Central, the continental home of the world’s most corrupt governments in the world. Leading the parade of kleptocracies are the regimes in Ethiopia, the Sudan, Zimbabwe, Equatorial Guinea, Kenya and the warlords of Somalia. These countries scored an atrocious 3.0 or less on the index. In certain countries, the corruption trend appears to be irreversible. For instance, in 2002, Ethiopia received a dismal score of 3.5 on the corruption index. In 2009, eight years after the ruling regime had established the “Federal Ethics and Anti-corruption Commission” (FEAC) with great fanfare and after periodic reports of “major accomplishments” in combating corruption, Ethiopia’s score dropped to an abysmal 2.7.
Publicly-owned assets are acquired in Ethiopia by regime-supporters or officials through illegal transactions and fraud. Banks loan millions of dollars to front enterprises owned by regime officials or their supporters without sufficient or proper collateral. Businessmen must pay huge bribes or kickbacks to participate in public contracting and procurement. Those involved in the import/export business complain of shakedowns by corrupt customs officials. The judiciary is thoroughly corrupted through political interference and manipulation as evidenced in the various high profile political prosecutions. Ethiopians on holiday visits driving about town complain of shakedowns by police thugs on the streets. Even the U.S. State Department spokesman Ian Kelley stated last year that the U.S. is investigating allegations that “$850 million in food and anti-poverty aid from the U.S. is being distributed on the basis of political favoritism by the current prime minister’s party.”
Over the past three years, high profile corruption cases in Ethiopia have been reported in the media. In one case, it was established that “USD$16 million dollars” worth of gold bars simply walked out of the bank in broad daylight. The official “anti-corruption” agency described the heist as a “huge scandal that took place in the Country’s National Bank and took many Ethiopians by surprise [in which] corruptors dared to steal lots of pure gold bars that belonged to the Ethiopian people replacing them with gilded irons… Some employees of the Bank, business people, managers and other government employees were allegedly involved in this disastrous and disgracing scandal.” In another case involving a telecommunications deal with the Chinese, a high level regime official was secretly tape recorded trying to extort kickbacks for himself and other regime officials. The same “anti-corruption” agency reported that “there was another big corruption case at the Ethiopian Telecommunications Corporation that took many Ethiopians by surprise” which involved the “competitive tendering for the supply of telecommunication equipment.” After an investigation, FEAC “found out that nearly 200 million USD has been lost to corruption through the entire fraudulent and corrupt process.” No high level official in good standing with the regime has ever been investigated or prosecuted for corruption.
The poor and powerless bear the brunt of corruption in Africa. The devastating impact of corruption on the continent’s poor becomes self-evident as political leaders and public officials siphon off resources from critical school, hospital, road and other public works and community projects to line their pockets. As for President Obama, it seems that he has finally found the silver bullet to deal with Africa’s corrupt thugs. In a pun, no more cash and KARI for Africa’s kleptocrats.
To be continued….
FREE BIRTUKAN MIDEKSSA AND ALL POLITICAL PRISONERS IN ETHIOPIA.
[1] http://www.ethiomedia.com/all/6070.html
[2] http://www.abugidainfo.com/?p=8693
[3] http://www.huffingtonpost.com/alemayehu-g-mariam/africorruption-inc_b_367268.html
