Tanzania suspends construction of $10b Bagamoyo port

An agreement for the initial development of the Bagamoyo Port Project was signed in March 2013 during the visit of the Chinese President Xi Jinping as part of the Tsh1.28 trillion infrastructure package deals. The agreement specified that $500 million would be designated for port financing for the year of 2013 to allow the project to start.

Tanzania and Kenya are locked in a competition for the title of gateway to East and Central Africa, and so far Kenya is winning. Transportation costs on the southern corridor are almost 1.5 times those on Kenya’s northern corridor. Bagamoyo was supposed to take the fight to Mombasa (and Lamu). Now Dodoma will focus on upgrading the ports in Dar and Mtwara (and Tanga).

The cancellation of the project is a reasonable policy move. The cost would’ve severely stressed Tanzania’s fiscal position; and the 20m container capacity was a little too ambitious, to say the least.

Also, this development probably increases the probability that Uganda’s oil pipeline to the coast will be routed through Kenya (see here and here).

On oil and political risk in Uganda

The problem Uganda now faces has been made possible by the Bilateral Investment Treaty signed in 2000 with the Netherlands. According to the treaty, all Dutch investors in Uganda have the right to pursue arbitration before the World Bank court if they feel treated unfairly. The French company Total Uganda registered itself as a Dutch company.

This is known as the Dutch Sandwich; you put a Dutch company in between and then you become a Dutch investor. Which turns the treaty into a tool to drag a state before a tribunal of three men in Washington, having a commercial background and the ability to award billion dollar fines, without a possibility to appeal. If Uganda is condemned to a compensation but refuses to pay, the company has the right to seize Ugandan assets in the world.

…. A new interactive map made by Dutch journalists, with all known ISDS cases in the world, shows that ISDS is mainly used against developing countries. Sometimes because they clearly behaved badly towards an investor, but in other cases it’s more likely that it is used as a bargaining tool and a threat by multinational companies for better deals. Litigation costs amount to 8 million dollars on average, calculated the Organisation for Economic Co-operation and Development.

More on this here.

Total Uganda (or is it Total Netherlands?) is probably trying to dodge taxes in Uganda. But the Ugandan government lacks the means to effectively counteract this since it insists on keeping the details of its production sharing agreement with the French Dutch company secret. So there’s that.

The OAU is dead, long live the AU

On Friday, the African Union approved draft plans to send troops to the conflict-ridden Burundi even without permission from Bujumbura in what could be a historic move to stop the country’s impending implosion.

The move by the AU Peace and Security Council reached on Friday despite initial opposition from the Burundi delegation invoked a rarely-used clause in AU Constitutive Act.

Article 4(h) of the AU Constitutive Act provides for sending of troops to a member country under circumstances of war crime, genocide or crimes against humanity without that country’s permission.

More on the African Union’s 5000 strong force for Burundi here. The actual AU resolution establishing the African Prevention and Protection Mission in Burundi (MAPROBU) is available here. Paul D. Williams, an associate professor of international affairs at George Washington University, parses the text of the AU communique here.

This semester I taught a class on intra-Africa IR, mostly looking at economic and security cooperation from 1963 to the present. One of the issues we wrestled with in the class was whether the AU was any different from the OAU, despite the language of Article 4(h). The OAU was notoriously ineffectual in dealing with conflict in Africa, on account of its many non-interference clauses.

Doubts about the AU and its ability to effectively originate an intervention in the face of intra-state conflicts were reinforced by:

(i) its continued commitment to the “equality” of member states (no regional hegemons — like Nigeria, Ethiopia, or South Africa — were given any formal status of first among equals);

(ii) the the deliberate weakening of the Peace and Security Council (PSC) — which has no permanent membership (5 elected for 3 years, 10 for 2 years);

(iv) the fact that the chairmanship of the PSC rotates monthly (by country name alphabetical order), giving any one chair hardly any time to develop the connections required for effective operations of such a sensitive post in a major IO;

(v) the structure of the regional distribution of seats on the PSC which incentivizes a sub-regional logic of seat allocation, as opposed to actual efficiency of the PSC.

It is therefore interesting that 4(h) was today invoked to justify intervention in Burundi, without the direct consent of Bujumbura (Nkurunziza may yet save face by inviting the AU mission under 4(j)).

Also interesting is the fact that the troops will be under the banner of the East African Standby Force (EASF) and not the AU. This will expose the actual operations of the mission to the same EAC politics that I outlined in an earlier post here (for the two of you out there who care to know, the different (sub)regional standby forces actually have formal relationships with the AU, so they are not totally run by the sub-regional RECs but can be seen as a practical first step in the aspirational goal of a continental standby force, someday).

Who said intra-African IR is boring (or does not exist)?

Also, watch out for a draft paper on the politics of intra-Africa IR soon…

Why isn’t the East African Community doing more on Burundi?

The situation in Burundi is deteriorating, fast.

Armed-forces-in-Burundi-340x230There are strong signs of ethnic violence. More than 300 people have been killed since President Pierre Nkurunziza successfully violated term limits to stay in office for a third term early this year. The ensuing violence has forced over 220,000 to flee the country, while scores remain displaced internally. Over the last week alone more than 80 people have been murdered in what is increasingly looking like a civil war rather than mere civil unrest met with heavy-handed repression. The African union has used the word “genocide” in reference to the Burundian situation.

For a background on the current Burundian crisis see here, here, here and here.

So given the clear evidence that things are falling apart in Burundi, why isn’t the East African Community (EAC) doing more to de-escalate the situation?

The simple answer is intra-EAC politics (which serve to accentuate the body’s resource constraints).

The EAC is a five-member (Burundi, Kenya, Tanzania, Rwanda and Uganda) regional economic community (REC) that is arguably the most differentiated REC in Africa. Based in Arusha, Tanzania, it is a relatively robust institution replete with executive, legislative and judicial arms.

Like is the case for most African RECs, the EAC member states conceded precious little sovereignty to Arusha. For example, the  EAC treaty does not directly empower the REC to intervene in a member country even in cases of gross violations of human rights (like is currently happening in Burundi). So far regional cooperation within the EAC has mainly focused on economic issues that do not pose substantial threats to sovereignty. It is for this reason that the EAC has avoided any kind of direct intervention in Burundi to end what is a singularly political crisis — both within Burundi and at the regional level.

That said, Article 123 of the EAC treaty provides a loophole for intervention.

The Article stipulates that the purpose of political cooperation among EAC member states is to, among other things: (i) strengthen the security of the Community and its Partner States in all ways; and (ii) preserve peace and strengthen international security among the Partner States and within the Community. In my view these clauses mandate the EAC to protect both the internal security of Burundi as well as intra-EAC security.

It is important to note that so far the norm has been to treat vagueness in African REC treaties as a call to inaction. But vagueness also provides willing interveners with a fair amount of latitude over interpretation. Furthermore, since 2000 the trend within African RECs has been to dilute the infamous OAU non-intervention clauses (see the AU treaty, for example) especially with regard to security matters.

It is not hard to see how the conflict in Burundi poses a clear and present danger to both Burundi’s internal security as well as peace and security within the EAC.

We know from history that an all out civil war in Burundi would threaten the security of the region. Burundi’s ethnic make up roughly mirrors that of Rwanda. Ethnic conflict in Burundi would inevitably elicit an intervention from Rwanda, thereby regionalizing the conflict (with an almost guaranteed knock on effect in eastern DRC). In addition, even though Kagame may not be a fan of Nkurunziza, he lacks the moral authority to criticize him given recent moves to scrap term limits in Rwanda.

If Rwanda (overtly) intervenes in Burundi, it is not clear which side Tanzania — a critical player — would take (especially because of the implications for the stability of eastern DRC). Kigali and Dodoma do not always see eye to eye. In addition, the new Tanzanian president, John Magufuli, is not particularly close to his Kenyan counterpart on account of his closeness to Kenyan opposition leader Raila Odinga. This may limit the possibility of collective action on Burundi by the EAC’s two leading powers.

And then there is Uganda. President Yoweri Museveni is currently the designated mediator in the Burundian negotiation process. But he is currently preoccupied in his bid to win an nth term in office (who’s counting?) His legitimacy as a mediator is seriously in question on account of his political record back home. Recall that the proximate cause of the current crisis in Burundi was Nkurunziza’s decision to violate term limits. Museveni scrapped term limits in 2005 and has systematically squeezed the Ugandan opposition into submission through heavy handed tactics that are direct violations of human rights.

Sadly for Burundians, the current state of inter-state relations within the EAC is strongly biased against any robust intervention to stop the violence that is increasingly becoming routine. Nkurunziza knows this, and will likely try to make an end run on his perceived political opponents before the wider international community begins to pay closer attention.

Lastly, the other possible interveners — the  UN and the EU — are also not likely to intervene in Burundi any time soon, despite the country’s heavy dependence on foreign aid. Europe is hobbled by the ongoing refugee crisis and the war on ISIS. As for the UN, it increasingly launders its interventions through region or sub-regional IOs (see for example AMISOM in Somalia, under the AU). This kind of strategy requires a willing regional partner, something that is lacking in the case of the EAC (or the AU for that matter).

In the next few weeks there will probably be attempts at mediation and calls for a ceasefire. But my hunch is that things are likely to get much worse in Burundi in the short term.

Stanford Biz School Seed Transformation Program is seeking applicants from East Africa

Do you run an SME? Are you interested in training and mentorship? Then apply for Stanford’s STP.

The Stanford Seed Transformation Program addresses the needs of founders/senior leaders in developing economies who lead growing, small to medium sized enterprises.

The STP curriculum is customized to address the needs of founders and senior leaders of small and medium sized companies who are committed to growing their businesses.

Over a period of six months, you will attend four highly interactive sessions—each lasting one week. Sessions cover tools and methodologies that you will use to grow and transform your business.

For example, you will learn about Design Thinking—an innovative problem-solving approach refined by Stanford faculty and its alumni—that is invaluable for identifying new products and services for your customers.

STP topics include leadership training, strategy, organizational design, business model development, operations, accounting, marketing, finance/investing, value chain innovations, governance, business ethics, and product and service innovations. 

You can apply here.

Some Africanist inside baseball

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The Kenyan Army’s Criminal Racket in Somalia

Quoting from a new report from the Journalists for Justice project:

With the death toll from al-Shabaab attacks inside Kenya rising to over 400, Journalists for Justice felt that the task of examining whether Operation Linda Nchi is actually delivering was overdue. This study looks at the conduct of KDF forces in two areas: 1) sugar smuggling and financial enabling of al-Shabaab and, 2) human rights violations.

This report presents the findings of several months of research in Somalia in Kismayo and Dhobley and inside Kenya in Liboi, Dadaab, Garissa and Nairobi. A desktop review, encompassing UN monitoring reports, academic studies, African Mission in Somalia (AMISOM) communication and media reports was followed by one-on-one interviews with over 50 people with intimate knowledge of KDF activities, including serving senior KDF officers, UN officials, western intelligence officials, members of parliament, victims of KDF human rights violations inside Somalia, journalists, doctors, porters at the charcoal stockpiles, drivers on the sugar routes and middlemen in the Dadaab camp.

…. JFJ research suggests that both KDF, the Jubaland administration of Ahmed Madobe and al-Shabaab are all benefitting from shares in a trade that is worth, collectively, between $200 million and $400 million.

More on this here.

For more on the challenges facing Kenya’s security operation in Somalia see here.

Does Kenya have too many MPs?

An article in the Daily Nation asked this provocative question. In the article, the author examined the cost per capita of legislatures in several countries; and concluded that legislatures in OECD democracies tend to be relatively more representative (seats/million people) as well as cost effective (per capita cost/east) than their counterparts in the developing world.

Of course, linking per capita income to the density of representation has its pitfalls. An assumption that countries with smaller economies should have smaller assemblies, regardless of population size, implicitly undervalues the political voice (and rights) of citizens of poor countries. At the same time, setting an arbitrary upper bound on the remuneration of legislators (and general resourcing of legislatures) has the potential to limit the continued professionalization of legislatures in emerging democracies. Under-resourced legislatures find themselves in a bad equilibrium of high turnovers, weak institutionalization (lack of experience), inability to check the executive or effectively legislate, and a whole lot of dissatisfied voters who invariably choose to go with erstwhile challengers.

How break out of this bad equilibrium is one of the key questions I grappled with in the dissertation (and in the ongoing book project). But I digress…

legseatsThe standard metric in Political Science for comparing the density of representation was developed by Rein Taagepera in the early 1970s. The Taagepera formula predicts that assembly sizes tend to approximate the cube root of the total population of states. In the dissertation I looked at how African states faired according to this metric (see figure) and found that the vast majority of countries on the Continent have relatively smaller assemblies than would be predicted by their population sizes (the figure only captures the sizes the lower houses). Somalia, Uganda, Sudan, the DRC, South Africa, and Ethiopia are the clear outliers. Incidentally, Kenya’s National Assembly is right on the parity line.

The usefulness of this metric (at the national level) diminishes beyond a certain population size. For countries with hundreds of millions of people or more, it makes more sense to apply the formula with respect to sub-national assemblies, if they exist. This is for the simple reason that beyond a certain number of seats the legislature would become too big to reasonably be able to conduct its business (see Nigeria).