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On April 10 and 11, 2015, the Seventh Summit of the Americas will bring together the heads of state and government of every country in the Western Hemisphere for the first time. Recent efforts by the United States to reform immigration policy, re-establish diplomatic relations with Cuba, and reform our approach to drug policies at home and abroad have generated greater optimism about the future of inter-American relations. This Summit provides an opportunity to spark greater collaboration on development, social inclusion, democracy, education, and energy security.

However, this Summit of the Americas is also convening at a time when the hemisphere is characterized by competing visions for economic development, democracy and human rights, and regional cooperation through various institutions such as the Organization of American States, the Union of South American Nations, and the Community of Latin American and Caribbean States.

On Friday, April 3, the Latin America Initiative at Brookings hosted Assistant Secretary of State Roberta S. Jacobson for a discussion on the Seventh Summit of the Americas and what it portends for the future of hemispheric relations.

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• The Summit of the Americas and prospects for inter-American relations

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At the previous Summit of the Americas in Cartagena, Colombia in April 2012, President Barack Obama was badly roughed up by his Latin American counterparts (and embarrassed by his Secret Service for entertaining sex workers). Happily, the president and his entourage did much better at last week’s Summit in Panama, but the United States still has a way to go before the Summits once again become the productive vehicle for U.S. foreign policy that they once were, at their founding in Miami in 1994.

In Cartagena, leader after leader criticized the United States for allegedly heavy-handed counter-narcotics policies; oppressive treatment of immigrants; a weak response to crime and poverty in Central America; and monetary policies that supposedly harmed their economies. Most pointedly, speakers denounced the decades-old economic sanctions against Cuba. But given the upcoming Congressional elections, Obama and his Secretary of State Hillary Clinton did not want to do anything to endanger their Democratic Party’s chances. Obama was reduced to affirming, uncharacteristically, “I am here to listen, but our policies will not change.”

Once the November 2012 mid-term elections were over, policies did, in fact, change as the United States took a more relaxed approach to counternarcotics; the administration announced immigration policy reforms, including negotiating agreements with Central American nations to reduce the outflow of children and promote economic growth and jobs at home; and Vice President Joseph Biden met repeatedly with Central American leaders, and offered $1 billion in economic and security assistance.

In Cartagena, the Latin Americans threatened to boycott the Panama Summit if Cuba was not invited. But last December 17, President Obama and Cuban President Raúl Castro announced their agreement to negotiate the normalization of diplomatic relations, and in one blow, the United States transformed a thorn in relations with Latin America into a triumph of inter-American diplomacy that significantly enhanced U.S. prestige in the region.

So in Panama, most of the Latin American and Caribbean leaders, rather than berate the U.S. president, praised him for his courage and generally treated him with courtesy and respect. The three leaders of Central America’s Northern Tier (Guatemala, Honduras, and El Salvador—whose president is a former guerrilla commander) were effusive in their praise. The president of Brazil, Dilma Rousseff, who in Cartagena had sharply criticized U.S. monetary policies and had cancelled a visit to the White House to protest NSA spying, was pleased to announce that her visit had been rescheduled for this June. 

Obama’s own performance was more spirited than it had been in Cartagena. In response to a harsh polemic by Ecuadorean President Rafael Correa, Obama shot back: “The U.S. may be a handy excuse for diverting attention from domestic political problems, but it won’t solve those problems.” After listening politely through Raúl Castro’s extended remarks—during which Castro praised him as a man of honesty and authenticity—Obama departed to avoid having to sit through the predictable harangues of Argentine President Cristina Kirchner and Bolivian leader Evo Morales. Few could blame him.

At the parallel CEO Summit of business executives, Obama delivered thoughtful responses to questions posed by several entrepreneurs including Facebook founder Mark Zuckerberg, distinguishing himself from the facile rhetorical answers of the other presidents on the panel. At a Civil Society Forum where delegates affiliated with Cuban government organizations engaged in disruptive tactics, Obama lectured firmly on the virtues of civility and tolerance. Together with two other presidents (Tabaré Vasquez of Uruguay and Guillermo Solis of Costa Rica), Obama met privately with a dozen leaders of nongovernmental organizations, took notes, and incorporated at least one of their suggestions into his later public remarks.

But Obama’s Panama experience was marred by an inexplicable misstep by his White House aides a month earlier—the very public sanctioning of seven Venezuelan officials for alleged human rights violation and corruption, and the declaration that Venezuela was a “threat to U.S. national security.” To Latin American ears, that language recalled Cold War-era justifications for CIA plots and military coups. The State Department claims it warned the White House against Latin American blowback, but perhaps not forcefully enough. Once Latin American anger become apparent, the White House tried to walk the “national security” language back, saying it was just a formality required by U.S. legislation, but the damage was done. Speaker after speaker condemned the “unilateral sanctions” and called for their repeal.

The ill-timed sanctions announcement provided Venezuelan President Nicolás Maduro and his populist allies with a ready stick to beat the United States. For whileObama’s diplomacy had managed to peel off most of the Central Americans and win over or at least diminish the antagonism of other leaders, it had not found a way to tranquilize the rejectionist states (Ecuador, Bolivia, Nicaragua, Argentina) tied to Venezuela in an “anti-imperialist” alliance. Although a relatively small minority, these spoilers seriously disrupt plenary meetings with long and vituperative monologues, and small minorities of “veto” players can block the signing of otherwise consensus documents such that in Panama, as in Cartagena, no consensus declaration was issued; rather the host leader signed brief “mandates for action” that lacked full legitimacy.

The problem of the rejectionist minority will be partially alleviated when Kirchner is shortly replaced, likely by a more moderate government in Argentina, and political turnover will eventually come in Venezuela, but the hemisphere needs new rules that protect majority rights to get things done. Some simple procedural innovations, such as a more forceful chair, or even the simple system of red-yellow-green lights that alert speakers to their time limits, would help.

Notwithstanding the misstep on Venezuela sanctions and the disruptive tactics of the rejectionist minority, the overall mood in Panama was upbeat, even celebratory. Leaders made reference to the xenophobic violence and religious intolerance plaguing other continents, and remarked with some pride that, in comparison, Latin America was a zone of peace that was also making progress, however inadequate, on human rights, poverty alleviation, and clean energy. With some procedural fixes, favorable political winds, and continued progress on concrete issues of mutual interest, inter-American relations could well continue their upward trajectory.

Read more about the Summit with Richard Feinberg's post on Cuba's multi-level strategy at the Seventh Summit of the Americas.

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On December 17, 2014, President Barack Obama and President Raúl Castro announced that the United States and Cuba would seek to reestablish diplomatic relations. Since then, the two countries have engaged in bilateral negotiations in Havana and Washington, the United States has made several unilateral policy changes to facilitate greater trade and travel between the two countries, and bipartisan legislation has been introduced in the U.S. Congress to lift the travel ban. Meanwhile, conversations are ongoing about ending the 50-plus-year embargo and Cuba has continued the process of updating its economic system, including establishing new rules for foreign investment and the emerging private sector.

In light of the significant shifts underway in the U.S.-Cuba relationship, new questions arise about Cuba’s development model, and its economic relations with the region and the world. On Tuesday, June 2, the Latin America Initiative at Brookings hosted a series of panel discussions with various experts including economists, lawyers, academics, and practitioners to examine opportunities and challenges facing Cuba in this new context. Panels examined macroeconomic changes underway in Cuba, how to finance Cuba’s growth, the emerging private sector, and themes related to much-needed foreign investment.

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• Panel 1: Trends in the Cuban economy in light of the new U.S.-Cuba context
• Panel 2: Financing Cuba’s growth, development, and trade
• Panel 3: Next steps for Cuba’s emerging private Sector–Cuentapropistas and cooperatives
• Panel 4: A New stage in foreign direct investment

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• Rethinking Cuba: New opportunities for development - Part 1 (English)
• Rethinking Cuba: New opportunities for development - Part 2 (English)
• Rethinking Cuba: New opportunities for development - Part 1 (español)
• Rethinking Cuba: New opportunities for development - Part 2 (español)

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Today’s announcement of the restoration of diplomatic relations between Washington and Havana replaces over five decades of mutual hostility and aggressive name-calling with a new atmosphere of diplomatic civility. The re-opening of embassies in both capitals establishes platforms upon which to build more normal working relations. Now, the hard work begins, as the two nations gradually dismantle the comprehensive wall of restrictions separating them for two generations.

Expectations are running high, especially in Cuba, that diplomatic engagement will catalyze economic betterment on the island. To stimulate more travel and trade, the U.S. government needs to clarify rules for engaging with the emerging Cuban private sector, and make it clear to U.S. banks that they are permitted to support the use of credit cards by U.S. visitors in Cuba. The administration should also begin to consider another round of liberalizing initiatives, some under consideration in the U.S. Congress, to further relax travel restrictions, and to enable more U.S. firms—beyond agriculture and medicines—to assist the Cuban people.

For its part, the Cuban government should open efficient channels to facilitate the commercial exchanges now authorized by the Obama administration. Cuban entrepreneurs should be permitted ready access to U.S. firms wishing to sell building equipment for construction cooperatives, restaurant supplies for private-owned restaurants, and automotive spare parts for private taxis. Micro-enterprise lending should be authorized to support these emerging non-state enterprises.

If both nations build upon today’s welcome announcement by further opening these channels to travel and commerce, Presidents Barack Obama and Raúl Castro can help to safeguard their joint legacy. By fortifying and expanding constituencies on both sides of the Florida Straits, immersed in daily exchanges to mutual benefit, the two governments can render their diplomatic accomplishment politically irreversible in both capitals.

The global consumer products company Unilever Plc announced on Monday a $35 million investment in Cuba’s Special Development Zone at Mariel. Late last year, Brascuba, a joint venture with a Brazilian firm, Souza Cruz, owned by the mega-conglomerate British American Tobacco (BAT), confirmed it would built a $120 million facility in the same location.

So far, these are the two biggest investments in the much-trumpeted Cuban effort to attract foreign investment, outside of traditional tourism. Yet, neither investment is really new. Unilever had been operating in Cuba since the mid-1990s, only to exit a few years ago in a contract dispute with the Cuban authorities. Brascuba will be moving its operations from an existing factory to the ZED Mariel site.

What is new is the willingness of Cuban authorities to accede to the corporate requirements of foreign investors. Finally, the Cubans appear to grasp that Cuba is a price-taker, and that it must fit into the global strategies of their international business partners. Certainly, Cuban negotiators can strike smart deals, but they cannot dictate the over-arching rules of the game.

Cuba still has a long way to go before it reaches the officially proclaimed goal of $2.5 billion in foreign investment inflows per year. Total approvals last year for ZED Mariel reached only some $200 million, and this year are officially projected to reach about $400 million. For many potential investors, the business climate remains too uncertain, and the project approval process too opaque and cumbersome. But the Brascuba and Unilever projects are definitely movements in the right direction.

But Unilever feared that granting its Cuban partner 51% would yield too much management control and could jeopardize brand quality. Unilever also balked at exporting products made in Cuba, where product costs were as much as one-third higher than in bigger Unilever plants in other Latin American countries.

The 2012 collapse of the Unilever contract renewal negotiations adversely affected investor perceptions of the business climate. If the Cuban government could not sustain a good working relationship with Unilever—a highly regarded, marquée multinational corporation with a global footprint—what international investor (at least one operating in the domestic consumer goods markets) could be confident of its ability to sustain a profitable long-term operation in Cuba?

In the design of the new joint venture, Cuba has allowed Unilever a majority 60% stake. Furthermore, in the old joint venture, Unilever executives complained that low salaries, as set by the government, contributed to low labor productivity. In ZED Mariel, worker salaries will be significantly higher: firms like Unilever will continue to pay the same wages to the government employment entity, but the entity’s tax will be significantly smaller, leaving a higher take-home pay for the workers. Hiring and firing will remain the domain of the official entity, however, not the joint venture.

Unilever is also looking forward to currency unification, widely anticipated for 2016. Previously, Unilever had enjoyed comfortable market shares in the hard-currency Cuban convertible currency (CUC) market, but had been largely excluded from the national currency markets, which state-owned firms had reserved for themselves. With currency unification, Unilever will be able to compete head-to-head with state-owned enterprises in a single national market.

Similarly, Brascuba will benefit from the new wage regime at Mariel and, as a consumer products firm, from currency unification. At its old location, Brascuba considered motivating and retaining talent to be among the firm’s key challenges; the higher wages in ZED Mariel will help to attract and retain high-quality labor.

Brascuba believes this is a good time for expansion. Better-paid workers at Mariel will be well motivated, and the expansion of the private sector is putting more money into consumer pockets. The joint venture will close its old facility in downtown Havana, in favor of the new facility at Mariel, sharply expanding production for both the domestic and international markets (primarily, Brazil).

A further incentive for investment today is the prospect of the lifting of U.S. economic sanctions, even if the precise timing is impossible to predict. Brascuba estimated that U.S. economic sanctions have raised its costs of doing business by some 20%. Inputs such as cigarette filters, manufacturing equipment and spare parts, and infrastructure such as information technology, must be sourced from more distant and often less cost-efficient sources.

Another sign of enhanced Cuban flexibility: neither investment is in a high technology sector, the loudly touted goal of ZED Mariel. A manufacturer of personal hygiene and home care product lines, Unilever will churn out toothpaste and soap, among other items. Brascuba will produce cigarettes. Cuban authorities now seem to accept that basic consumer products remain the bread-and-butter of any modern economy. An added benefit: international visitors will find a more ready supply of shampoo!

The Unilever and Brascuba renewals suggest a new realism in the Cuban camp. At ZED Mariel, Cuba is allowing their foreign partners to exert management control, to hire a higher-paid, better motivated workforce, and it is anticipated, to compete in a single currency market. And thanks to the forward-looking diplomacy of Raúl Castro and Barack Obama, international investors are also looking forward to the eventual lifting of U.S. economic sanctions.

This piece was originally published in Cuba Standard.

In advance of President Obama’s historic trip to Cuba and Argentina, three Brookings scholars participated in a media roundtable to offer context and outline their expectations for the outcomes of the trip. Richard Feinberg and Ted Piccone discussed Cuba–including developments in the U.S.-Cuba relationship, the Cuban economy, and human rights on the island–and Harold Trinkunas offered insight on Argentina, inter-American relations, and the timing of the visit.

Read the transcript (PDF) »

Richard Feinberg:

The idea is to promote a gradual incremental transition to a more open, pluralistic and prosperous Cuba integrated into global markets of goods, capital, and ideas. It is a long-term strategy. It cannot be measured by quarterly reports.

Ted Piccone:

...the key [is] to unlock a whole set of future changes that I think will be net positive for the United States, but it is going to take time, and it is not going to happen overnight.

Harold Trinkunas:

Cuba is really about moving, among other things, a stumbling block to better relations with Latin America, and Argentina is about restoring a positive relationship with a key swing state in the region that was once one of our most important allies in the region.

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Editors' Note: Brookings Nonresident Senior Fellow Richard Feinberg reports from Havana on President Obama's historic visit to the island. 

Havana is abuzz at the sheer weight of the president of the United States arriving in Cuba. In the hours before President Obama’s arrival, astonished Cubans told tales of planeloads of black limousines and massive Suburbans, of heavily armed security personnel, of sunglass-sporting secret service officers arriving at the airport and making their way through the city.

Cubans have anticipated the arrival of the Obama family with considerable joyfulness, but the festive mood is colored by a certain reticence, a deep-seated fear of, once again, being overwhelmed by the Colossus from the North. 

The government has bargained hard with Obama’s advance team to hem him in, to limit his direct contact with the Cuban people. There will be no large outdoor speech—rather on Tuesday morning Obama will address a hand-picked audience in the newly renovated Grand Theatre with its limited seating capacity—although the Cuban government agreed to live television coverage. The U.S. president will also meet with local entrepreneurs, but in a constricted venue, and ditto for his meeting with independent civil society and political dissidents.

On Tuesday afternoon the president will be the guest of honor at an exhibition game between the visiting Tampa Bay Rays (their chance selection was by lottery) and the Cuban national team. The White House has hinted that he will throw out the first ball, but this could not be confirmed. On a prior occasion, Jimmy Carter did indeed throw out the first ball, but that was during a visit long after his presidency.

Putting the lanky, athletic Obama on the mound would run a certain risk for the Cubans. Suppose the excited crowd begins to cheer, “Obama, Obama…” Even more dangerous, imagine if the exuberant Cubans follow with, “USA, USA, USA…”

Back home, critics of the Obama administration say he’s made too many concessions to the Cuban government without reciprocity. Cuba is no closer to a liberal democracy, they argue, than it was on December 17, 2014, when Barack Obama and Raúl Castro announced their decision to normalize diplomatic relations. But these skeptics miss this vital point: By befriending the president of the United States, the president of Cuba and first secretary of the Cuban Communist Party (PCC) has exploded his regime’s long-standing national security paradigm organized around the imminent danger posed by a hostile empire. The rationale for the state-of-siege mentality, the explanation for the poor economic performance, no longer resonates. The ruling political bureau of the PCC stands exposed before the Cuban people.

Hence, the government is working hard to persuade the people that it has not forsaken its nationalist credentials: the PCC’s daily newspaper, Gramna, ran a fierce editorial warning for Obama not to try to step on their little island, not to intervene in its internal affairs; rather, he must arrive as a classic Greek suitor bearing gifts. But no Trojan horses, the Cubans are too wary to be fooled so easily.

Venezuelan President Nicolás Maduro, passing through Havana this week, pointedly remarked: “The hearts of the Cuban and Venezuelan people are warm and true. Not like others who come with smiles but hide a clenched fist.”

In truth, most Cubans very much want the trip to succeed. They want more tourists, more remittances from Cuban-Americans living in Florida and New Jersey. They would welcome more trade, more access to famous U.S. consumer brands. Many would even welcome U.S. investment—with the promise of good jobs and better wages. All would love to be able to travel freely between their island and the outside world, especially to the nearby United States. In short, they yearn for normality.

And savvy Cubans sense the link between the more relaxed diplomatic atmosphere and the gradual opening of political space so evident on the island. While not yet living in a fully open society, Cubans are now more willing to express their views openly, to foreigners and among themselves. Some are even forming proto-civil society groupings, to advance gender equality, environmental stewardship, religious freedom, and human rights.

Bathing in these new liberties, Cubans worry that something, anything, could go wrong during the visit. In such a highly scrutinized setting, one misstep, one awkward phrase, one misinterpretation of Cuban history, would give ammunition to hardliners to set the clock back and to restore the old national security paradigm.

Raúl Castro has pinned his own legacy too closely to the young U.S. president to allow any stumbles during this historic visit, to stand idly by while the visit was twisted by his internal opponents. And Raúl and his confidants retain control over the mass media in Cuba, and the PCC will loyally pass along the party line, as set by the political bureau and echoed all along the chain of command, down to the district and village level.

So the visit will be declared a success. Most likely, it will truly be a marvelous moment, because Obama is just the right person to stretch out the U.S. hand to the long-aggrieved Cuban people. The very traits for which Obama is so often criticized at home will serve him well in Cuba: his humility, his respectfulness, his sense of irony—these are just what Cubans have been harking for from the United States for so many decades.

The Cubans will also love Michelle Obama and the two teenage Obama daughters, especially if Sasha and Malia are freed to wander forth and meet their contemporaries at one of Havana’s clubs where young people gather—the Cuban media and public will bask in the respect being paid to Cuban music and dance, to “Cubanismo.”

Obama and Castro share some goals, and conflict on others. Both wish for a peaceful transition to a more prosperous Cuba, more open to the world and to global commerce. But they differ on the endgame: Obama would like to see a more liberal, pluralistic polity, while Castro presumably wants to see his Communist Party retain its grip on power. But that chess match will be waged later, by their successors. 

For Barack Obama and Raúl Castro, today their interests are convergent. Hence, we can predict that, most likely, the visit will be a great success, a historic legacy for which both statesmen will be justly proud.

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For Cubans, “D17”—December 17, 2014—changed everything. On that day, the United States and Cuba announced that the two countries would renew diplomatic relations nearly 60 years after Fidel Castro came to power. For both countries, a new transformation has begun—but this time, it is the promise of Cuba’s insertion in the globalized economy and the crumbling U.S. embargo that is catalyzing change on the island.

On May 31, the Brookings Book Club hosted Nonresident Senior Fellow Richard E. Feinberg and NPR Correspondent Tom Gjelten for a discussion of Feinberg’s new book, “Open for Business: Building the New Cuban Economy” (Brookings Institution Press, 2016). The discussion focused on the factors that guided this monumental decision: international diplomacy; changes already underway in Cuba; successful Cuban entrepreneurs and foreign investments; and scenarios for Cuba’s future development path.

Three young Cuban leaders, including two whose vignettes appear in the book, “Open for Business,” joined the discussion and shared their personal experiences with the economic realities in Cuba today, as well as the opportunities created by the shift in Cuban-American relations.

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• Open for business: Building the new Cuban economy

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• Open for business: Building the new Cuban economy

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On April 2, 2011, Ethiopia embarked upon the construction of what is expected to be the biggest hydroelectric power plant in Africa.  Called the Grand Ethiopian Renaissance Dam (GERD), it will be located on the Blue Nile, 40 kilometers (25 miles) from the border with the Republic of Sudan and will have the capacity to produce 6,000 megawatts of electricity.  The GERD, once completed and made operational, is expected to ameliorate chronic domestic energy shortages, help the country’s households (especially those located in the rural areas) switch to cleaner forms of energy and allow the government to earn foreign exchange through the exportation of electricity to other countries in the region.  Although authorities in Addis Ababa believe that the dam will contribute  significantly to economic growth and development—not just in Ethiopia, but also in neighboring countries, such as Sudan—its construction has been very controversial.  The major controversies revolve around Ethiopia’s decision to fund the building of the dam from its own sources and the potential impacts of the dam on downstream countries, especially Egypt.  

Ethiopia opted to source funds for the construction of the GERD through selling bonds to citizens at home and abroad.  Government employees have been encouraged to devote as much as one or two months of their salaries to the purchasing of the GERD bonds.  Most public workers in Ethiopia earn relatively low wages and face a significantly high cost of living.  Hence, they are not likely to be able to sacrifice that much of their salaries to invest in this national project.  Nevertheless, many of them have been observed purchasing the GERD bonds, primarily because of pressure from the government and the belief that participation in this national project is a show of one’s patriotism.

The government of Ethiopia has also encouraged the private sector to invest in the GERD project.  Specifically, private domestic banks and other business enterprises are expected to purchase millions of Birr worth of these bonds.  The government also hopes that Ethiopians in the diaspora will contribute significantly to this massive effort to develop the country’s hydroelectric power resources.  However, many Ethiopians in the diaspora have not been willing to invest in the GERD project, citing pervasive corruption in the public sector and dictatorial government policies as reasons why they would not commit the resources necessary to move the project forward.  Additionally, Ethiopians living outside the country have argued that the present government in Addis Ababa continues to impede the country’s transition to democracy by making it virtually impossible for opposition parties to operate, using draconian laws (e.g., anti-terrorism laws) to silence legitimate protests and generally denying citizens the right to express themselves.  For these reasons, many of them have refused to invest in the GERD project.  Finally, Ethiopia’s traditional development partners, including such international organizations as the World Bank and the International Monetary Fund, appear to be unwilling to lend the country the necessary funds for the construction of the dam given the controversies surrounding the dam and their policies on the building of megadams.

Egypt has registered its opposition to the construction of the GERD.  In fact, before he was ousted, former Egyptian president Mohamed Morsi made it known to authorities in Addis Ababa that Egypt would not support the project.  The Egyptians, as they have done before, have invoked the Anglo-Egyptian Treaty of 1929, which granted Egypt veto power over all construction projects on the Nile River and its tributaries.  According to Cairo, then, Ethiopia was supposed to obtain permission from Egypt before embarking on the GERD project.

In May 2010, five upstream riparian states (Ethiopia, Kenya, Uganda, Rwanda and Tanzania) signed the Nile Basin Cooperative Framework Agreement (CFA), which, they argue, would provide the mechanism for the equitable and fair use of Nile River waters.  On June 13, 2013, the Ethiopian Parliament ratified the CFA and incorporated it into domestic law.  The other four signatories have not yet ratified the treaty but plan to do so eventually.  Egypt and Sudan, however, have refused to sign the CFA and continue to argue that the 1929 Anglo-Egyptian Treaty, as well as the 1959 bilateral agreement between Egypt and Sudan, represent the only legal mechanisms for Nile River governance.  Recently, however, the government of Sudan has indicated its support for the GERD, and South Sudan, which gained its independence from Khartoum on July 9, 2011, does not oppose the project either.

Significant increases in population in Egypt, the need for the country to expand its irrigated agricultural base, as well as other industrial needs have significantly increased the country’s demand for water.  Unfortunately for Egyptians, the only viable source of water in the country is the Nile River.  Thus, Egyptians, as made clear by their leaders, are not willing to relinquish even one drop of water.  The country’s bitter opposition to the GERD stems from the fact that it will reduce the flow of water into the Nile River and force Egyptians to live with less water than now.  Egyptian leaders are not willing to accept the assertion made by the Ethiopian government that the construction of the dam will not significantly reduce the flow of water from the Blue Nile into Egypt.  Thus, Cairo has hinted that it would employ all means available to stop the construction of the GERD.

The site of the GERD was identified during geological surveys conducted between 1956 and 1964 by the United States Bureau of Reclamation.  Although studies determining the feasibility of a dam on the Blue Nile were completed almost half a century ago, previous Ethiopian governments did not make any attempt to build such a structure on the Blue Nile.  This inaction may have been due to Egypt’s ability to lobby the international donor community and prevent it from providing Addis Ababa with the necessary financial resources to complete the project, Ethiopia’s chronic internal political instability, or Egypt’s military strength and its strong ties with neighboring Sudan (the latter shares the same interests as Egypt regarding the waters of the Nile River).  In fact, the 1929 Anglo-Egyptian Treaty and the 1959 bilateral agreement between Sudan and Egypt granted both countries complete control of all the waters of the Nile River.

Since the ouster of Hosni Mubarak, Egypt has been weakened significantly, politically, economically and militarily.  The struggle between the military and civil society for control of the government has been a major distraction to the Egyptian military, and it is unlikely that it can effectively face a relatively strong and more assertive Ethiopian military.  Hence, it appears that this might be the most opportune time for Ethiopia to initiate such a construction project.  Perhaps more important is the fact that virtually all of the upstream riparian states are no longer willing to allow both Egypt and Sudan to continue to monopolize the waters of the Nile River.  In addition, Ethiopia is relatively at peace and maintains good relations with its neighbors, particularly the Republic of Sudan, which would be critical in any successful attack on Ethiopia by Egypt.  Of course, Addis Ababa has also invoked and relied on the Cooperative Framework Agreement which, besides Ethiopia, has been signed by four other upstream riparian States—the CFA favors the equitable and fair use of the waters of the Nile River.  Authorities in Addis Ababa believe that the GERD will contribute to such fair and equitable use; after all, the Blue Nile (which is located in Ethiopia) provides 86 percent of the water that flows into the Nile River.  Up to this point, Ethiopia has made virtually no use of that water, allowing Egypt and Sudan alone to dictate its usage.

Critics of the GERD, including some Ethiopians within and outside the country, argue that Addis Ababa initiated the building of the dam just to divert public attention away from internal political tensions associated with lack of religious freedom, human rights violations, suppression of the press, and the economic and political polarization that has become pervasive throughout the country during the last several decades. 

Given the economic significance of the Blue Nile for the source country (Ethiopia) and downstream countries (Egypt and Sudan), it is critical that these countries engage in constructive dialogue to find a mutually beneficial solution for the project.  Such negotiations should take into consideration the fact that the status quo, characterized by Egyptian monopolization of the waters of the Nile River and the exclusion of Ethiopia from exploiting its own water resources for its development, cannot be maintained.  Thus, the construction of the GERD should be taken as a given and the three countries—Egypt, Sudan and Ethiopia—should find ways to maximize the benefits of the dam and minimize its negative impacts on the downstream countries.  As part of that negotiation, both Egypt and Sudan should abandon their opposition to the CFA, sign it and encourage their legislatures to ratify it.  The Nile River and its tributaries should be considered common property belonging to all Nile River Basin communities and should be managed from that perspective.

It appears that Omar al-Bashir’s regime in Khartoum may be counting down to its demise as internal and external pressures seem poised to boil over and finally wrest the country out of his control. While the international community has imposed painful trade sanctions and the International Criminal Court has sought to bring al-Bashir to justice for his role in the Darfur conflict, Sudan’s own citizens have been increasingly demonstrative of their dissatisfaction and desire for change. During the last few years, al-Bashir has faced growing opposition from restless urban youth who are no longer willing to live with the status quo. There have also been fears within the old guard—the military and hardcore Islamists—that Sudan could fall victim to uprisings like those in Egypt and Tunisia.

In addition to the significant dislocations to the Sudanese economy caused by trade sanctions by Western countries, Khartoum has also lost significant revenues from the sale of oil produced in South Sudan’s oil fields due to ongoing disputes. To deal with these large shortfalls, al-Bashir’s government has imposed severe austerity measures on the economy, including major reductions in government subsidies, most notably on food and fuel. In response, a broad cross-section of the population took to the streets in protest. In September of this year, like their counterparts in Egypt and Tunisia before them, large numbers of unemployed and restless Sudanese youth took to the streets to demand the ouster of al-Bashir and his government. Government security forces responded with a vengeance, arresting large numbers of protesters and either killing or causing the deaths of many of them.

Within the military, which, together with Islamists, has been the base of al-Bashir’s support since the 1989 coup, there is significant discontent. In addition, there is evidence that some members of al-Bashir’s party—the National Congress Party—are not happy with the president for his failure to deal effectively with the country’s multifarious problems. Today, Sudan’s economy is falling apart—there is galloping inflation, high unemployment, especially among urban youth, and many Sudanese live below the poverty level. In addition, Khartoum is still unable to deal properly with the demands of various ethnic minorities, which are waging violent protests to force the government to allow them to rule themselves. Many groups want genuine institutional reforms and a governing process that is truly democratic and characterized by the rule of law.

Added to the litany of problems Sudan faces is the fact that it remains embroiled in conflict with South Sudan over the future of the Abyei region and its rich oil reserves. The scheduled 2011 vote for Abyei citizens to decide between South Sudan and Sudan did not occur and just recently opposing stakeholders in the region have argued over when and how to hold the referendum with one group boycotting the other’s efforts. Thus, the region remains in limbo.

Hardcore Islamists, long in the president’s corner, are now warning al-Bashir that he is not likely to successfully solve Sudan’s complex problems by simply cracking down on protesters. The question now is: Will al-Bashir give in to the demands of his protesting fellow citizens and initiate the necessary democratic reforms, or will he continue to resist and eventually suffer a fate similar to the one that befell his counterparts in Egypt and Tunisia?

On January 30, 2011, al-Bashir’s vulnerability to a similar uprising was first made apparent when protesters took to the streets of Khartoum and Al-Ubayyid after using online social networking sites to coordinate demonstrations. The government response was swift and extremely brutal—several students were arrested and one was killed. Sporadic and uncoordinated protests, particularly among university students, were also witnessed in the coming months. Then, on September 23, 2013, riots broke out in response to the removal of state subsidies on fuel and cooking gas in Khartoum. The violence spread first across Khartoum and Omdurman in the heart of the regime’s power base, and then to other cities in the days that followed. Protesters, calling for the removal of al-Bashir, blocked roads and set government buildings on fire. As usual, the regime responded brutally, killing more than 50 protesters according to some witnesses and arresting thousands of Sudanese citizens.

Although the Sudanese situation in 2013 is similar to the 2011 situations of its North African neighbors in terms of social frustration over incumbent regimes, Sudan differs from them in three main ways.

First, the majority of Sudanese do not use social media; hence, it is much more difficult to coordinate protests using tools like Facebook and Twitter.

Second, the government has cracked down on the press and blocked the free flow of information, further disconnecting citizens from potentially valuable information.

Third, Bashir’s regime is much less tolerant of protests and demonstrations and has demonstrated a proclivity for using as much force as quickly as possible to snuff out public uprisings. Such efforts are likely to buy only temporary reprieve for the dying regime as it clutches to power, and such responses cannot force the people to give up their demands for improvements in their standard of living, as well as for respect of their fundamental rights.

Without a credible opposition party to coordinate and peacefully channel the frustrations of restless youth into a peaceful revolution, current events in Sudan are likely to force the country into another bloody civil war. There is, of course, a possibility that, given the fact that Sudan does not have the type of institutional arrangements (free and independent press; independent judiciary; regular, free, credible and fair elections) that can provide citizens with the tools to either change their government or petition the latter for relief from tyranny, Sudan could soon become another failed state, such as Somalia. It would then become, like Somalia, a magnet for terrorists and extremist groups seeking to destabilize the region. In addition, another civil war in Sudan would flood the region with refugees and exacerbate the problems now facing many countries in East Africa. Of course, unrest in Sudan could easily spill over into neighboring countries such as Eritrea, Ethiopia, South Sudan and Uganda and create a serious humanitarian crisis in the Horn of Africa.

Dictators and autocrats can be undone by their inability or unwillingness to learn from history, even if that history is not theirs. Given the fact that Sudan’s neighbors have been embroiled in revolutions initiated and carried out by young people frustrated by their countries’ failure to provide them with jobs and protect their fundamental rights, one wonders why al-Bashir thinks the same fate would not befall him and his regime. It has become apparent that al-Bashir is unwilling or unable to recognize the fact that the world is no longer willing to tolerate his regime’s disregard for basic human rights and that Sudan, if it hopes to regain its standing as an accepted member of the international community, cannot afford to serve as a hiding place for dictators.

At the moment, al-Bashir faces a lot of problems emanating from inside and outside the country. It would be wise for al-Bashir and his government to start constructive dialogue with the people of Sudan in an effort to develop the modalities to peacefully transition to democracy. A credible first step would be for al-Bashir to form a transitional government that includes opposition parties. One of the most important functions of such a government should be to engage all relevant stakeholder groups in democratic constitution making to develop and adopt institutional arrangements that guarantee the rule of law and, hence, provide citizens with a governing process that protects their fundamental rights and provides them with the tools for self-actualization. Of course, while institutional reforms are a long-term project, in the short term, the transitional government must put into place mechanisms to protect the fundamental rights of citizens, as well as improve relations with South Sudan in order to secure the peaceful coexistence that is critical for investment and economic growth.

In recent years, relations between the International Criminal Court (ICC) and the African Union have been crumbling. Relations between the two were once solid with strong support from AU member countries.  The ICC has had support from African countries because of the court’s ability to prevent Rwandan genocide-type atrocities and ease power differentials between small and large African nations in international trial situations. 

Brookings nonresident scholar, John Mukum Mbaku, discusses the rising tensions between the ICC and African countries in his contribution to Foresight Africa, a collection of short briefs on the top challenges and opportunities for Africa in 2014.

Read the related paper »

According to John Mbaku, some African countries see the ICC as quite problematic because of the perceived bias that the court brings mostly African criminal cases to trial.  Other countries feel their sovereignty is threatened by the court.  The African Union has gone so far as to ask member countries not to comply or cooperate with the ICC and has attempted (unsuccessfully) to withdraw from The Hague.  A major trigger for these the recent issues with the ICC and African countries was the election of Uhuru Kenyatta as president of Kenya. Kenyatta was indicted by the ICC for crimes against humanity and for allegedly inciting ethnic violence following the highly disputed 2007 elections in Kenya.  

John argues that repairing the ties between African countries and the ICC will be difficult, but might be possible through reforms to the ICC process and commitment to stronger judicial systems in African nations.

Read Foresight Africa 2014, which details the top priorities for Africa in the coming year, to learn more about the prospects for strengthening  international justice in Africa, and other critical issues for the region.

Professor Riek Machar, former vice president of South Sudan and now leader of the rebel group that is fighting the government of South Sudan for control of the apparatus of the government, has publicly threatened to capture and take control of both the capital city of Juba and the oil-producing regions of the country. Branding South Sudan’s president, Salva Kiir, a “dictator” and arguing that he does not recognize the need to share power, Professor Machar stated that the present conflict, which has lasted for more than five months and resulted in the killing of many people and the destruction of a significant amount of property, will not end until Kiir is chased out of power.

Violent mobilization by groups loyal to Machar against the government in Juba began in December 2013. It was only after bloody confrontations between the two parties that targeted civilians based on their ethnicity had resulted in the deaths of many people (creating a major humanitarian crisis) that a cease-fire agreement was signed in Addis Ababa on January 23, 2014, with the hope of bringing to an end the brutal fighting. The cease-fire, however, was seen only as the first step towards negotiations that were supposed to help the country exit the violent conflict and secure institutional arrangements capable of guaranteeing peaceful coexistence.

If Machar and his supporters have the wherewithal to carry out the threats and successfully do so, there is no guarantee that peace would be brought to the country. For one thing, any violent overthrow of the government would only engender more violence as supporters of Kiir and his benefactors are likely to regroup and attempt to recapture their lost political positions. What South Sudan badly needs is an institutionalization of democracy and not a government led by political opportunists. In fact, an effective strategy to exit from this incessant violence must be centered around the election of an inclusive interim government—minus both Kiir and Machar—that would engage all of the country’s relevant stakeholders in negotiations to create a governing process that adequately constrains the state, establishes mechanisms for the peaceful resolution of conflict, enhances peaceful coexistence, and provides an enabling environment for the rapid creation of the wealth needed to deal with poverty and deprivation.

On March 9, 2012, less than a year after South Sudan gained independence, then-Vice President Machar met with several Brookings scholars, including myself, in New York City. The meeting was part of the new country’s efforts to seek assistance from its international partners to address complex and longstanding development challenges, including critical issues such as the effective management of the country’s natural resource endowments, gender equity, the building of government capacity to maintain law and order, the provision of other critical public goods and services, and poverty alleviation. Among participants in this critical consultation were Mwangi S. Kimenyi, senior fellow and director of the Africa Growth Initiative (AGI) at the Brookings Institution; Witney Schneidman, AGI nonresident fellow and former deputy assistant secretary of state for African Affairs; and me. The vice president, who appeared extremely energetic and optimistic about prospects for sustainable development in the new country, requested an analysis of the commitments and achievements that the government of South Sudan had made since independence and suggestions for a way forward. The scholars, working in close collaboration with their colleagues at Brookings, produced a policy report requested by the vice president. The report entitled, South Sudan: One Year After Independence—Opportunities and Obstacles for Africa’s Newest Country, was presented at a well-attended public event on July 28, 2012. Panelists included Peter Ajak, director of the Center for Strategic Analyses and Research in Juba; Ambassador Princeton Lyman, U.S. special envoy for South Sudan and Sudan; Nada Mustafa Ali scholar at the New School for Social Research; Mwangi S. Kimenyi and me.

The report provided a comprehensive review of the policy issues requested by the vice president—the provision of basic services; future engagement between South Sudan and the Republic of Sudan; efficient and equitable management of natural resources; ethnic diversity and peaceful coexistence; federalism; eradication of corruption; and the benefits of regional integration. Most important is the fact that the report placed emphasis on the need for the government of South Sudan to totally reconstruct the state inherited from the Khartoum government through democratic constitution making and produce a governing process that (i) guarantees the protection of human and fundamental rights, including those of vulnerable groups (e.g., women, minority ethnic groups); (ii) adequately constrains the government (so that impunity, corruption and rent seeking are minimized); (iii) enhances entrepreneurial activities and provides the wherewithal for wealth creation and economic growth; and (iv) establishes mechanisms for the peaceful resolution of conflict and creates an environment within which all of the country’s diverse population groups can coexist peacefully.

Unfortunately, when the report was completed, members of the ruling Sudan People’s Liberation Movement were already embroiled in a brutal power struggle that eventually led to President Kiir sacking his entire cabinet, including the vice president. The collapse of the government raised the prospects of violent and destructive mobilization by groups that felt the president’s actions were marginalizing them both economically and politically. The ensuing chaos created an environment that was hardly conducive to the implementation of policies such as those presented in the Brookings report.

The government of Sudan has failed to engage in the type of robust institutional reforms that would have effectively prevented President Kiir and his government from engaging in the various opportunistic policies that have been partly responsible for the violence that now pervades the country. South Sudan’s diverse ethnic groups put forth a united front in their war against Khartoum for self-determination. Following independence, the new government engaged in state formation processes that did not provide mechanisms for all individuals and groups to compete fairly for positions in the political and economic systems. Instead, the government’s approach to state formation politicized ethnic cleavages and made the ethnic group the basis and foundation for political, and to a certain extent, economic participation. This approach has created a "sure recipe for breeding ethnic antagonism," and has led to the crisis that currently consumes the country.

While the most important policy imperative in South Sudan today is the need to make certain that the cease-fire continues to hold, long-term prospects for peaceful coexistence and development call for comprehensive institutional reforms to provide the country with a governing process that guarantees the rule of law. Hence, both the opposition and the government—the two sides in the present conflict—should take advantage of the cease-fire and start putting together the framework that will eventually be used to put the state back together. A new interim government, without the participation of the two protagonists—Kiir and Machar—should be granted the power to bring together all of the country’s relevant stakeholders to reconstitute and reconstruct the state, including negotiating a permanent constitution.

Dear South Sudan's Leaders:

Today, the country that all of you and your fellow citizens fought to establish is at a crossroads. And you, the country’s leaders, are now standing at the proverbial “fork in the road.” The question now is: Which road will each of you take? Your choice will determine not only your place in history but will significantly impact the future of your shared country, its diverse peoples and your neighbors. Each of you can choose to chase after personal power, primitive accumulation, and self-enrichment—using the ethnic group that you belong to as a foundation for that quest. This disastrous decision would plunge your country further into violent and destructive mobilization, effectively shutting the door to the type of state formation that is undergirded by a desire to achieve national integration, peaceful coexistence and sustainable development. Alternatively, each of you can opt to maximize a different value, one that places you among the world’s greatest leaders—that is, those who, when they came to the fork in the road, chose to lead their people down the road of opportunities for peaceful coexistence, prosperity and liberty.

As the citizens of South Sudan watch and wait in utter fear and disgust, it is time for you, the country’s leaders, to decide whether you want to lead them into a future filled with unending violence, hunger, and desolation, or into one where all of the country’s various peoples, regardless of their ethnic or religious affiliation, gender, and economic status, can live together peacefully and pursue their values and interests without molestation from others.

In the early 1990s, Nelson Mandela and his compatriots found themselves at a similar crossroads. They chose not to act opportunistically and retreat to their various ethnic enclaves.  Like the great leaders that history has proven them to be, they knew that, as apparently beneficial as such an option would have been to them, they would have plunged their country into an abyss from which it was unlikely to recover anytime soon. Instead, they chose the road that led them and their country to the type of state formation that is undergirded by institutional arrangements that provide an enabling environment for wealth creation and economic growth. That is why, today, the country that they founded has one of the world’s most progressive and human-rights friendly constitutions.

South Sudan is a new and relatively underdeveloped country, but it has the potential to emerge as a highly developed and peaceful one. However, in order for that potential to be fully exploited and used effectively to enhance development, the latter must be provided with institutional arrangements that guarantee the rule of law.

To you, the leaders of this new country: All of you can gracefully exit the scene, serve as elder statesmen, and provide the country’s new crop of leaders with the type of advice and support that can help the country successfully emerge from its violent and destructive past, as well as chart a path towards peace, sustainable economic growth and development, and equitable and fair allocation of national resources.

How will history judge you? As tyrants, opportunists, despots, exploiters, and oppressors, who used their public positions to grab power and riches for themselves or as public servants who spearheaded and led the transformative processes that brought peace, security, and development to their country? The choice is yours.

Posterity will judge you well, but only if you choose wisely!

On Tuesday, October 28, 2014, tens of thousands of citizens of Burkina Faso gathered in its capital city, Ouagadougou, and its second biggest city, Bobo Dioulasso, to protest proposed changes to its constitution regarding term limits. A vote was planned for Thursday, on whether to extend the current limit of two terms to three. This vote is extremely controversial:  Current President Blaise Compaoré, who came to power in a coup in 1987, has ruled the country for 27 years. Allowing him to run for election in November 2015 could extend his reign for another five years. In Ouagadougou on Wednesday, citizens angry over the possibility that parliament might make it possible for Campaoré to stay in power indefinitely set fire to the parliament and forced legislators to postpone the vote that had been set for Thursday, October 30, 2014 to decide the constitutional issue.

The West African country has been plagued by dictators, autocracies and coups in the past. At independence on August 5, 1960, Maurice Yaméogo, leader of the Voltaic Democratic Union (Union démocratique voltaïque), became the country’s first president. Shortly after assuming power, Yaméogo banned all political opposition, forcing mass riots and demonstrations that only came to an end after the military intervened in 1966. Lt. Col. Sangoulé Lamizana and a collection of military elites took control of the government and subsequently dissolved the National Assembly as well as suspended the constitution. Lamizana stayed in power until November 1980 when the military overthrew the government and installed Col. Saye Zerbo as the new president. Two years later, Col. Zerbo’s government was overthrown by Maj. Dr. Jean-Baptiste Ouédraogo and the Council of Popular Salvation (CSP—Conseil du salut du peuple). Although it promised to transition the country to civilian rule and provide a new constitution, the Ouédraogo regime banned all political organizations, including opposition parties. There soon arose a political struggle within the CSP. The radicals, led by Captain Thomas Sankara, eventually overthrew the government in August 1983, and Capt. Sankara emerged as the country’s new leader. In 1984, the Sankara government changed the country’s name from Upper Volta to Burkina Faso and introduced many institutional reforms that effectively aligned the country with Marxist ideals.

On October 15, 1987, Capt. Blaise Compaoré, a former colleague of Sankara’s, killed Sankara and several of his confidants in a successful coup d’état. In 1991, Campaoré was elected president in an election in which only 25 percent of the electorate participated because of a boycott movement organized and carried out by opposition parties. In 1998, he won reelection for another seven-year term. As president, Campaoré reversed all the progressive policies that Sankara had implemented.

In 2000, the country’s post-Cold War 1991 constitution was amended to impose a limit of two five-year consecutive terms on the presidency. However, Campaoré’s supporters argued that because he was in office when the amendments went into effect, they did not apply to him and, hence, he was qualified to run for re-election in 2005. Despite the fact that the opposition fielded several candidates, Campoaré won 80.35 percent of the votes cast in the 2005 presidential election. And, in the presidential elections held in November 2010, he captured 80.2 percent of votes.

Over more than a quarter century in power, Campaoré has used an unusual formula to achieve relative stability in Burkina Faso—authoritarianism mixed with traces of democracy. The complex governance system has relied primarily on Campaoré’s dominant and charismatic political power and has failed to build sustainable institutions—specifically, those capable of maintaining the rule of law and enhancing peaceful coexistence in his absence.

Constitutionally mandated presidential term limits strengthen the rule of law and provide a significant level of stability and predictability to the country’s governance institutions. In response to the efforts by Burkinabé members of parliament to change the constitution to enable Compaoré to secure another term in office, U.S. government officials have recently stated that “democratic institutions are strengthened when established rules are adhered to with consistency.” On his part, Campaoré has proclaimed that his main and immediate concern “is not to build a future for myself—but to see how the future of this country will take shape.” If this is indeed true, then he should exit gracefully from the Burkinabé political scene and henceforth serve as an elder statesman, providing his country’s new leadership with the advice and support that they need to deepen and institutionalize democracy, as well as enhance economic, social, political and human development.

Insisting, as President Campoaré has done, that the constitution be changed so that he can seek an additional term in power not only destroys the country’s fragile stability but also sends the wrong message to citizens about the rule of law—while citizens must be law-abiding, the president does not have to abide by the country’s settled law; if the law stands in the way of the president’s personal ambitions, he can simply change the law to provide him with the wherewithal to achieve those objectives. Such behavior from the country’s chief executive does not augur well for deepening the country’s democracy, an objective that is dear to many Burkinabé. The question to ask President Campoaré is: How do you want history to remember you? As a self-serving political opportunist who used his public position to accumulate personal power and wealth, at the expense of fellow citizens, or as a public servant who led and directed his country’s transformation into a peaceful, safe and productive society?

On Friday, October 31, 2014, President Blaise Campaoré, who had ruled Burkina Faso for the last 27 years, was forced out of office. The resignation and subsequent military takeover of the government has created instability and questions over leadership in the country—especially since the constitutional line of succession has been broken by the insertion of military leaders. The power of the military is clear, especially since it has already influenced a second change in leadership. This interruption, subsequent transition and suspension of the constitution, then, have seriously threatened the strength of the rule of law and the future of the Burkinabé government.

The violent demonstrations that eventually forced President Campaoré to flee with his family into exile in Côte d’Ivoire could have been avoided had he not considered himself above the law. The impetus for the mass demonstrations was his attempt to change the country’s constitution in order to secure for himself another five-year term in office. Campaoré’s initial reaction to the violent demonstrations was to dissolve the government but retain his position as president until new elections were carried out to select a new government. He also agreed not to seek another term in office. The opposition, however, insisted that he resign. Interestingly, in his resignation statement, issued shortly before he fled the country, President Campaoré called for “free and transparent” elections to be held in 90 days to form a new government.

Shortly after the president’s resignation, General Honoré Traoré, Campaoré’s aide de camp, proclaimed himself president of the republic. This immediate military intervention into Burkinabé politics betrays either a lack of appreciation for constitutional democracy or a willful attempt by the military to take advantage of the instability occasioned by the planned constitutional changes to maximize their corporate interests. But, could someone who had risen to the head of the Burkinabé military have such little understanding of and appreciation for the constitutional order? In announcing that he had assumed the office of head of state, Traoré actually stated as follows: “In line with constitutional measures, and given the power vacuum . . . I will assume as of today my responsibilities as head of state.”

Importantly, there is no provision in the constitution of Burkina Faso for the head of the military or some other military officer to assume the powers of the president in case of a vacancy in the office. Succession, in the case of a vacancy in the presidency of the republic, is governed by Article 43 of the Constitution of Burkina Faso, 1991, which states that, in a case like this, the functions of the presidency should be performed by the president of the senate. [1]

After Traoré’s quick takeover, the leaders of the protests rejected the government headed by such a close and trusted advisor of the ousted president, claiming it would not represent a full and effective break with the painful past, especially the attempted constitutional changes. In fact, according to Al Jazeera, many of the protesters proclaimed that “[t]he general is linked to Campoaré, and they don’t want anyone linked to Campaoré to lead the country.”

Thus, early on Saturday, November 1, 2014, Colonel Isaac Zida declared that the army had taken control of the state to prevent further violence and that he had assumed the functions of head of state, leading what he referred to as a “peaceful transition”—one that would guarantee the “continuity of the [Burkinabé] state.” He, however, was extremely vague, providing few details, especially regarding how long this transitional government would stay in power or if the elections planned for 2015 will be held. Again, it is difficult to imagine that Zida, like Traoré, was not aware that the resignation and subsequent exit of the president from the political scene did not call for military intervention in the political system. In fact, a military officer of his standing should have had enough familiarity with the constitution to be aware of Article 43.

Oddly, the protesters appeared to have accepted the leadership of Zida, who is said to have been the deputy head of Campaoré’s elite presidential guard. It appears that the deciding factor in the struggle between the two men to assume the position of head of state was acceptance by the military: In a statement issued early on Saturday, November 1, 2014, the military indicated that Zida had been unanimously elected by military chiefs to lead the post-Campaoré transitional government. But, again, in making this decision, were these military leaders not aware of Article 43 of the constitution, which sets out the succession procedures in case of a temporary or permanent vacancy in the presidency? If, indeed, they had knowledge of the provisions of Article 43, then why did they interfere with what should have been a constitutionally mandated succession?

The international community has called on all sides in the Burkinabé political crisis to follow “constitutionally mandated” procedures for the transfer of power. The international community (especially the African Union) is asking the Burkina Faso military not to exploit the constitutional crisis for its own benefit but to respect the desire of the majority of Burkinabé for democracy and peaceful coexistence. That, of course, calls for respect by all Burkinabé, including the military, for the constitution.

The president’s resignation in itself did not create a constitutional crisis in Burkina Faso. The Constitution of 1991 specifically anticipates the resignation or incapacitation of the president and prescribes procedures for succession. According to Article 43, if the president is temporarily incapacitated and is incapable of carrying out his or her duties, “his powers shall be provisionally exercised by the Prime Minister.” As noted above, in this particular case, where the president has resigned and created a permanent vacancy in the presidency, the constitution states that the functions of the presidency should be performed by the president of the senate. [2] The military should not have intervened—military intervention in the country’s political system actually created what is fast becoming a major constitutional crisis. The military has suspended the constitution and, without the guidance provided by it, the military is now governing the country extra-constitutionally through decrees. The military can end this unfolding crisis by restoring the constitution and handing power back to a civilian regime, led, as prescribed by their constitution, by the president of the senate. The latter will, of course, serve as a transitional head of state until elections are completed in 2015 to select a permanent president. International organizations, including especially the African Union, support this approach—on November 3, 2014, the AU issued a statement asking the Burkinabé military to exit the political system and hand power to a civilian ruler.

But what about the riots and violence that had enveloped the city of Ouagadougou and were gradually spreading to other cities? Should the army not have been called upon to quell the riots and bring about peace? In virtually all countries, including Burkina Faso, the police—not the army—should be the institution enforcing the law and maintaining order. There is no indication that military intervention was necessary to bring the rioting under control or that it actually did. Most of the people participating in the riots voluntarily stopped their activities after the president resigned and left the country.

However, what the army did was interfere with the constitutional process and in doing so, actually created this constitutional crisis—shortly after declaring himself head of state and leader of the transition, Zida suspended the constitution, as noted above. Although Zida has assured the people that the military will strive to quickly return Burkina Faso to democratic governance, such guarantees appear hollow, especially given the military’s past history of intervention—every time the Burkinabé military has intervened in politics, it has remained in power for a very long time, 27 years in the case of the Campaoré-led intervention of 1987.

Article 43 of the Constitution of Burkina Faso also states that elections should be held between 60 and 90 days after a vacancy has been declared in the presidency. Zida, who is now the de facto head of state in Burkina Faso, has stated that his would be a transitional government and that it would seek input from all stakeholders to organize and undertake democratic elections to choose a new government. However, the constitution, which would have provided the necessary guidelines for carrying out such elections, has been suspended. In addition, he has closed the country’s borders and imposed a general curfew, which severely restricts the right of citizens to live freely. Such restrictions could have a significant impact on economic activities and negatively affect what is already a relatively fragile economy. These initial draconian and extra-constitutional measures do not augur well for an early exit of the military from politics and the return of constitutional rule to the country. If history teaches us anything about the military and Burkinabé politics, it is that this military, like the one that intervened in 1987, is likely to stay in politics much longer than the 90 days needed to elect a new civilian government.

[1], [2] This is in line with the constitutional amendment of June 11, 2012 (Loi No. 033-2012/AN du 1 juin 2012).

Later this month, Sudanese voters will head to the polls to elect their next president. Like many of Sudan's earlier elections, this one is not without controversy: Current President Omar al-Bashir and his National Congress Party (NCP) have been in power for decades and are under intense criticism for human rights abuses and for their failure to significantly improve living conditions for most of the Sudanese people. The NCP is the expected favorite, largely due to current regional violence and lack of government openness, among other problems.

Thus, opposition leaders have called on the country to postpone the elections until certain critical issues are resolved—including peace agreements with various groups that are fighting the central government and the adoption of major constitutional reforms. Similarly, Minni Minnawi, leader of the Sudan Liberation Army that has been fighting national government forces in Darfur, believes that the April election will not resolve the country’s governance and development quagmire. In fact, arguing that their participation would help legitimize the process, many of the opposition parties, led by the National Consensus Forces (NCF), a coalition of political parties opposed to the NCP, has indicated that it will not participate in the April exercise and has, in fact, launched a campaign for the boycott of the elections. Then again, some commentators argue that this decision is ill-advised and could further marginalize the opposition, destroying its ability to participate in governance in the future.

President al-Bashir rose to power in a 1989 bloodless coup and declared himself president in 1993. Since that time and despite the efforts of pro-democracy movements to change the status quo, al-Bashir has managed to maintain his monopoly on power. In addition to the fact that he has been helped by a brutal civil war and the opposition’s decision to boycott elections, al-Bashir and his government have outlawed political parties and engaged in the brutalization of many regions of the country. In fact, in 2008, the International Criminal Court called for his arrest for war crimes, crimes against humanity, and genocide in Darfur. In addition, in January of this year, the country’s parliament, which is dominated by al-Bashir’s NCP, enacted a series of constitutional amendments granting the president additional powers, effectively strengthening what has been an imperial presidency, reinforcing the country’s highly centralized and authoritarian governing process.

Despite the fact that as many as 15 individuals are running for president, both al-Bashir and the NCP are likely to emerge victorious. According to the National Election Commission, six presidential candidates are being sponsored by their political parties; the rest are running as independents. The largest opposition party, the National Umma Party (NUP), led by seasoned politician al-Sadiq al-Mahdi, has decided to boycott the 2015 elections. Al-Mahdi and the NUP want the elections postponed, and a transitional government of unity formed and granted the power to oversee the amendment of the constitution. As argued by the opposition, once a new, democracy-enhancing constitution has been drafted and ratified, the country can proceed with elections to pick a permanent government. Hassan al-Turabi’s Popular Congress Party (PCP) and some factions within the Democratic Unionist Party (DUP) are also boycotting the 2015 elections.

The fact that the government in Khartoum has persistently refused to consider the opposition’s arguments that the elections should be postponed until the national dialogue has been completed, a transitional government of unity formed, and a more acceptable constitution drafted and adopted means that there is likely to be much controversy. In addition, given the fact that most of the opposition has already indicated that it would boycott the election, making sure that the election is fair, free, and credible is challenging. Recently, the opposition has accused security forces of making it difficult for them to express themselves and educate Sudanese citizens about the government’s continued suppression of individual freedoms, including the right to express opinions not favored by or favorable to the incumbent regime in Khartoum. Given the fact that a large part of the Sudanese electorate believes that the present political environment within the country is not conducive to the carrying out of a fair and free election, those individuals and groups are not likely to accept the results or consider the process as fair and free—and that will definitely put the legitimacy of the government to question. If the international community also concludes that the elections were neither credible nor free and fair, which is also quite likely, that could further isolate the regime in Khartoum and hamper any efforts to resolve conflicts in various regions of the country and generally improve the environment for investment and economic growth.  

Since independence in 1956, Sudan has not been able to provide itself with institutional arrangements and a governing process that guarantees the rule of law. The failure of the country’s laws and institutions to adequately constrain the state has allowed state custodians (i.e., civil servants and political elites) to behave with impunity and engage in activities (e.g., corruption) that have constrained economic growth and development, endangered the peaceful coexistence of the country’s diverse population groups, alienated the international community, significantly reduced foreign investment, and endangered the country’s international standing. In addition, many government policies during most of the post-independence period have been viewed by several groups as marginalizing them and pushing them to the economic and political periphery. Some of these groups have been engaged in armed conflict against the national government for many years.

If, on the highly unlikely chance that al-Bashir capitulates to the opposition and forms its proposed transitional government, many questions need to be answered. How would it be chosen? Would al-Bashir and the NCP be part of it? Given the fact that the NCP has not been willing to participate in any efforts to reform the country’s political system and provide for more transparency in government communications, as well as improved accountability of the government to the people, how likely is it that a transitional government involving the NCP would be able to successfully undertake the reforms suggested by the opposition?

On the other hand, assuming that the 2015 elections are carried out as scheduled and al-Bashir and the NCP win, will the new government undertake the reforms necessary to enhance Sudan’s ability to take its place among the other democratic countries of the world—specifically, those that respect human rights, provide legal mechanisms for their citizens to organize their private lives and live together peacefully, and enhance the creation of the wealth needed to deal fully and effectively with poverty and high rates of material deprivation? 

President al-Bashir and the National Congress Party have ruled Sudan with significant levels of discretion for many decades. During this period, little effort has been made to engage the Sudanese people in the type of institutional reforms that would have provided the country with more democracy-enhancing institutional arrangements, that is, those that guarantee the rule of law. In his campaign speeches, President al-Bashir has alluded to his government’s supposed interest in peace and development. However, during nearly two decades in power, [1] he and the NCP have either been unwilling or incapable of spearheading the reforms needed to bring about peaceful coexistence and genuine development in Sudan. In fact, the constitutional amendments implemented by the NCP-dominated legislature in January this year significantly increased the powers of the presidency and effectively negated efforts by the opposition to transition the country to democratic governance. Thus, while it is possible that al-Bashir and the NCP might surprise us after the elections, decide to shed their authoritarian image, form a unity government that will undertake necessary institutional reforms (some of which are mentioned above), and transition this important country to democracy, with laws and institutions that guarantee the rule of law, and hence, enhance peaceful coexistence and the creation of the wealth that the country needs to fight poverty and improve national living standards, it is hard to be optimistic, especially given al-Bashir’s and his government’s long history of political opportunism.

Regardless of the winner (though it is most likely to be al-Bashir and the NCP), the post-election government will have to deal with several urgent and critical issues facing the country:

• First, the new government must engage all relevant stakeholder groups in Sudan in constitutional talks to develop and adopt a development-oriented constitution and one that is acceptable to all of the country’s different groups. The new government must steer the country away from authoritarianism and toward democracy and the protection of human rights and fundamental freedoms. This can be accomplished, first, by forming a transitional government of national unity, one that provides representation for all of the country’s relevant stakeholders, and then empowering that government to engage the people in robust constitution making to develop and adopt a constitution that adequately constrains the state, enhances peaceful coexistence, and guarantees the rule of law. Such a governing process, for example, can be characterized by a separation of powers with effective checks and balances. Perhaps, some sort of national sovereign conference, to be attended by representatives of all of the country’s relevant stakeholder groups, including especially historically marginalized regions such as Darfur, South Kordofan, and the Blue Nile states, can be granted the power to draw up the political principles that would guide and form the foundation for the construction of the country’s permanent constitution. As I note above, this new transitional government will face complex challenges, especially regarding the NCP’s role in it. The question on everyone’s minds is: How likely is it that such a transitional government would be formed if al-Bashir and the NCP are victorious in the April 2015 election?
• Second, the new government must make an effort to resolve the conflicts in Darfur, South Kordofan, the Blue Nile states, and other parts of the country, enhance the peace, and provide an enabling environment for the peaceful coexistence of groups, as well as for economic growth and development. In a recent campaign speech, al-Bashir intimated that Sudan is a rich country with significant endowments of resources that could be used to meet the needs of all its citizens. He then called on groups who have taken arms against the government to seek peace so that the country could proceed with its development agenda. So far, the country’s civil wars and regional conflicts have squandered resources (including scarce human capital) that could have been used to develop the country. Nevertheless, Khartoum and the new government must reach out to historically alienated groups and give them a reason to lay down their arms and negotiate in good faith so that the country can achieve the peace necessary to begin the process of genuine political and economic development in the country.
• Relatedly, national identity needs to be strengthened. Many groups in Sudan, especially those living in peripheral areas, unsurprisingly consider themselves alienated from the government in Khartoum. National integration and nation-building must be at the top of any post-election government’s policy priorities.
• Fourth, the new government must deal with a relatively high unemployment rate, especially among young people, by significantly increasing investment in education and job training, especially for people living in areas of the country that have, historically, been pervaded by conflict. It is important that these economically and politically marginalized regions be fully integrated into the country’s economy and be made full participants in wealth creation and economic growth. Additionally, the new government must make certain that genuine efforts are made to improve access to education for other historically marginalized groups, notably girls and women. In a recent campaign speech, al-Bashir announced that his government intends to invest heavily in higher education and provide opportunities for all Sudanese to acquire human capital. While higher education is critical to Sudan’s industrial transformation, it is important for the government to recognize the fact that a robust, well-funded, and easily accessible system of primary and secondary schools is the foundation for any sustainable industrialization scheme.    
• Fifth, the new government needs to improve its relations with the international community and with its neighbors—better relations should improve the country’s ability to participate gainfully in the global economy, as well as create opportunities for foreign investment flows, cultural and educational exchanges, and improved protection of human rights, especially those of ethnic and religious minorities. Of critical importance is the need for Sudan’s post-election government to settle its disputes with its neighbor South Sudan, especially on Abyei, the border, the use of Sudan’s pipelines to transport South Sudan’s oil to export markets, South Kordofan, and the status of refugees.
• Finally, al-Bashir and the National Congress Party, the likely winners of the 2015 elections, must ask themselves how they want posterity to judge and remember them. African political elites rarely think about the type of legacy that they are likely to leave to future generations. For al-Bashir and the NCP, the April 2015 election offers a rare opportunity for them to rehabilitate themselves and emerge as public servants with truly transformative development agendas, and not as opportunistic exploiters whose only interest was self-enrichment.

[1] Although al-Bashir came into office in 1989, the National Congress party was came into being in 1996.

Note: This article was amended on April 1, 2015 to reflect the delay of the elections to April 13.

The 26th Ordinary Session of the African Union (AU) Executive Council has just concluded in Addis Ababa, Ethiopia, under the theme, “2016: African Year of Human Rights with a particular focus on the Rights of Women.” Addressing the delegates, who included some of the continent’s most important political leaders and a collection of distinguished foreign dignitaries, the chair of the AU Commission, Dr. Nkosazana Dlamini Zuma, reminded delegates of the organization’s vision as embodied in Agenda 2063. This pledge, a blueprint for the social, political, and economic transformation of the continent, emphasizes a bottom-up, inclusive, participatory, and people-driven approach to development. As envisioned by the agenda’s architects, Africa’s diverse peoples should spearhead the continent’s transformation and direct its development. Dr. Zuma also made note of 2016’s theme, which is the protection of human rights, with particular emphasis on the rights of women.

Since it became operational, the AU has faced many challenges, some of them linked to problems that have plagued the continent for many decades (e.g., chronic poverty; political instability and violent mobilization by various subcultures; corruption and other forms of impunity) and others (e.g., terrorism and violent extremism) that have come to the fore since the turn of the century. At the recent Addis Ababa meeting, the AU leadership spoke specifically of “Agenda 2063: The Africa We Want,” which is heralded as a new development strategy that will enhance the ability of Africans to use their resource endowments fully and effectively for their own development. Although this 50-year initiative has many objectives, the overall aim is to encourage Africans to own their problems, take control of their resolution, and build, by themselves, a prosperous continent “based on inclusive growth and sustainable development.” [1] The AU’s 26th Ordinary Session gives us a chance to reflect on the continental organization’s recent performance and examine how much further it needs to go.

The challenges that the AU faces can be classed into two categories—those that require immediate attention and those whose resolutions can be undertaken through a long-term process. Although cooperation of the international community is critical for the effective resolution of many of the problems and challenges that Africa currently faces, it is important to reiterate the fact that full and effective resolution lies with the African countries themselves. The AU must not be timid but rather act boldly and aggressively, especially in situations of gross violations of human rights and where people are being massacred and others pushed into forced exile (e.g., Burundi, Darfur, Somalia) and provide the leadership needed to prevent genocide and minimize further deterioration in political and economic conditions in many communities throughout the continent.

Coordinating the fight against terrorism and violent extremism: Terrorism and rising violent extremism are major obstacles to peace efforts, national integration, nation building, and the effective management of diversity throughout the continent. From the destruction of economic infrastructures and the massacre of university students in Kenya by al-Shabab; the slaughter of villagers and the kidnapping of school girls in northeastern Nigeria by Boko Haram; the indiscriminate killing of people at hotels in Mali and Burkina Faso; and the downing of an airliner in Egypt, terrorism and violent extremism continue to constrain the ability of Africans to live together peacefully and create the wealth that they need to fight poverty and improve their living conditions. These affiliated and unaffiliated extremist groups—which also include the Lord’s Resistance Army, al-Qaida in the Islamic Maghreb, the Islamic State, and others—are just a few of the entities that threaten to derail Africa’s transition to good governance and inclusive development, respect for human rights, and peaceful coexistence.

Fighting terrorism in the continent requires a coordinated effort at both the regional and national levels. The AU, through the Algiers Convention of 1999, has created a comprehensive counterterrorism strategy for the continent. Unfortunately, the atrocities listed above show that the AU’s counterterrorism framework does not seem to be working and is not being implemented timely and effectively at the level of individual countries. In fact, in addition to the years-long delay of the Algiers Protocol coming into force, less than a third of the African countries have ratified the convention. In addition, only a few African countries have enacted national legislation and restructured their legal and judicial systems to deal with terrorism. The AU must take bold steps to make sure that the necessary steps are taken at the national level to implement policies that significantly enhance the fighting of terrorism at the continental level (e.g., processes for information sharing and consultation; harmonization of immigration policies, etc.). Of course, the AU must also make certain that national leaders do not use anti-terrorism laws to oppress and exploit innocent citizens.

It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization.

Analysts argue, however, that fighting terrorism effectively is a long-term effort. It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization. African countries must fully address those issues (e.g., extreme poverty; severe inequality in access to opportunities for self-actualization, as well as in the distribution of income and wealth; and religious and ethnic persecution) that enhance radicalization and render joining extremist groups an attractive option for many of the continent’s youth.

Pressing South Sudanese leaders for peace: South Sudan gained independence on July 9, 2011 and was immediately faced with a multiplicity of problems. In addition to the fact that the new government lacked the capacity to deliver necessary public goods and services to all citizens, as well as the fact that the country faced significantly high levels of venality in the public sector, it was not able to manage diversity effectively. By the summer of 2013, the country had plunged into a major political crisis, which eventually deteriorated into civil war as President Salva Kiir fought forces loyal to his former vice president, Riek Machar, to remain the country’s chief executive. The struggle soon took on ethnic dimensions since Kiir gets significant support from the Dinkas, and Machar gets support from ethnic Nuer. Both parties signed a peace agreement in 2015 but have failed to meet a January 22, 2016 to form a Transitional Government of National Unity. It is important that South Sudan’s leaders place the interests and welfare of the people above their own and form an inclusive government, which can create the conditions necessary for effective state reconstruction. The AU should hold the country’s leaders accountable for meeting the commitments that they made in the peace agreement. Significant pressure must be put on these leaders by the international community, including especially the Intergovernmental Authority on Development (IGAD), to act responsibly and form an inclusive government that would move the country forward in a peaceful and productive manner. 

Ending the crisis in Burundi: President Pierre Nkurunziza’s decision to defy the constitution and seek a third term in office unleashed violent and destructive mobilizations that have killed more than 400 people and created a major humanitarian crisis in the region. The United Nations says that since April 2015, as many as 240,000 people have fled the country into exile. Are we about to see a repeat of the past—that is, the manipulation of ethnicity by political demagogues that eventually produced a brutal civil war that killed as many as 300,000 people? Some analysts believe that without a quick stop to what the locals simply call “La Crise,” the country is on the verge of being visited by the ghosts of its violent past. The AU, which had planned to send 5,000 peacekeepers to secure the peace and help restore stability, has abandoned that initiative in view of fierce opposition from Nkurunziza. Even a visit from the U.N. Security Council was not enough to convince Nkurunziza to either allow the AU force to enter Burundi or for the government to engage in dialogue with opposition parties without preconditions.

After their recent visit to Burundi, members of the U.N. Security Council “stressed the urgency of addressing the situation” in the country “before it deteriorates further and possibly takes on ethnic dimensions, despite the position of the government of Burundi that the situation is not of such concern.” But can the AU deploy peacekeepers without Burundi’s approval? Article 4(h) of the Constitutive Act of the African Union grants the AU the right to intervene in any member country “pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity.” However, a top diplomat at the AU has been quoted as saying that unilateral deployment would be an “unimaginable” act. In addition, it is ironic that at the same time the AU was opting not to act forcefully to secure the peace in Burundi and avert what could be another genocide, the incoming chairman of the AU (President Deby of Chad) was declaring that “[t]hrough diplomacy or by force...we must put an end to these tragedies of our time. We cannot make progress and talk of development if part of our body is sick. We should be the main actors in the search for solution to Africa’s crises.”

The AU and the Libyan crisis: The events of the Arab Spring represented a new modality of regime change that the AU had never before encountered. When military forces of the National Transitional Council (NTC) captured Tripoli on August 22, 2011 and drove away then Libyan President Muammar Qaddafi’s forces, members of the NATO-led military alliance that had been providing “aerial bombardment support to the NTC” immediately proceeded to pressure the African Union to recognize the NTC as the only legitimate government of Libya. Nevertheless, when the democratic uprising morphed into a de facto civil war, the AU’s response was a roadmap, which was informed by the organization’s long-established approach to dealing with intra-state conflicts, which called for a ceasefire and negotiations for an inclusive interim government.

The NTC, however, rejected the roadmap, arguing that it did not make allowance for Qaddafi’s immediate departure. The position taken by the NTC was significantly enhanced by the support that it was receiving from the NATO countries, the Arab League, the United Nations, and several African countries.

Although it denounced what it believed was an illegal regime change in Libya orchestrated by NATO powers supposedly to protect Libyan civilians, the AU went ahead, although reluctantly, and recognized the NTC as Libya’s legitimate government and granted the NTC the right to represent the country in the AU.

Some analysts have examined the AU’s failed efforts to mediate the peace in Libya’s political crisis and have argued that "the most important reason for this failure was the decision by France, the United Kingdom, and the United States to “undermine and sideline the AU.” Other reasons for the failure of the AU’s roadmap are said to include the inability of the AU to garner coherent support among African countries for its position on Libya and the fact that the AU never really gained the confidence of either the Qaddafi regime or the NTC.

Although Qaddafi’s regime was recognized as both oppressive and repressive towards the country’s citizens, the AU did not approve the decision by the NTC to transform a democratic uprising into a civil war. The AU became even more adamant about its non-violent approach to the Libyan crisis after the NATO countries effectively became agents of forceful regime change in Libya. However, some observers have argued that the AU’s emphasis on the fact that the regime change was unconstitutional must be weighed against the fact that the Qaddafi regime was not only unconcerned about democratic governance but promoted basic laws that were designed to perpetuate and entrench Qaddafi’s hold on power.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance.

It has been argued that the recognition of the NTC by the AU was inconsistent with the organization’s legal positions [2] regarding the illegal/unconstitutional changes of regime on the continent. But, what can be learned from the AU’s handling of the Libyan crisis? While the AU is quite clear about its opposition to unconstitutional regime changes on the continent, it is important for the organization to put in place clear and specific mechanisms to deal with popular uprisings such as those that occurred in North Africa, including Libya.

As much as resolving armed conflicts is important, the AU needs to actively engage in other transformative activities on the continent, including especially, those activities that fundamentally transform the critical domains (i.e., the political, administrative, and judicial foundations of the state) and provide institutional arrangements that foster inclusive economic growth, peaceful coexistence of each country’s various subcultures, and enhance participatory and inclusive governance. Perhaps, had the AU developed such a specific mechanism for dealing with popular uprisings, it would have been able to more effectively confront the present uprising in Burundi.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and  violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance. African countries must not and should not continue to rely on intervention by external actors (e.g., the EU, the U.N., the ICC, and the United States) to help them resolve domestic problems.

Support good governance: While it is quite clear that countries such as Somalia, the Central African Republic, and South Sudan are in urgent need of institutional reforms to guarantee the rule of law, enhance the protection of human rights, and advance inclusive economic growth, it is important to note that even countries that appear peaceful are still suffering from governance systems that are pervaded by corruption, rent seeking, the lack of government accountability, and impunity. One long-term goal for the African Union should be to galvanize grassroots support throughout the continent for institutional reforms to produce (1) constitutions that cannot be easily manipulated by political elites (as occurred in Burundi and Burkina Faso) to prolong their stay in power; and (2) governing processes that are undergirded by some form of separation of powers, with checks and balances—at the minimum, judicial independence must be safeguarded and the legislative branch granted enough independence so that it can effectively check on what have been, in many African countries during the last several decades, imperial presidencies with virtually no check on the exercise of government power.

Create institutions for improving the livelihood of the average citizen: Institutional arrangements that provide citizens with the wherewithal to resolve conflicts peacefully, organize their private lives and engage in those activities (e.g., start and operate a business for profit; practice their chosen religion; get married and raise a family—that is, engage freely in self-actualizing activities) that enhance their ability to maximize their values and protect themselves from abuse by state- and non-state actors, as well as participate fully and effectively in governance, including being able to hold their governors accountable for their actions.

Strengthen the African Court of Justice and Human Rights: The court needs the authority to actually serve as an effective legal instrument for the protection of human rights in all countries in the continent, including dealing with crimes that are currently being referred to the International Criminal Court in The Hague.

Facilitate economic integration: Currently, many African countries have economies that are relatively small and not very viable and hence, are not capable of engaging in production processes that can effectively utilize and benefit from technological economies of scale. Integration can significantly increase the size of these economies and enhance their ability to produce goods that are competitive globally in both price and quality. In fact, integration at the regional level, especially if supported by the AU, for example, can help small countries more effectively construct and maintain infrastructures such as roads and bridges, universities and research centers, and other projects that require large initial investments but are characterized by significant scale economies.

Transform the AU from observer to actor: During the last several years, as the continent has been devastated and ravaged by terrorist attacks, the AU has remained essentially an observer. When it comes to the fight against terrorism, the AU should make the plight of the victims of these insidious crimes—not state claims of sovereignty and independence—the main basis for its decisions. The AU, of course, must work with national governments and regional organizations (e.g., ECOWAS in West Africa) but must not allow these local groups to constrain its ability to intervene when doing so would save lives or prevent situations that could deteriorate into mass pogroms. Thus, the AU should act purposefully and forcefully to develop an effective anti-terrorism framework that can deal effectively with terrorism and help member states target and address those issues that enhance extremism. The current one just doesn’t cut it.

Address poverty and inequality: Extreme poverty and unequal access to opportunities for self-actualization remain serious challenges for virtually all African countries. Already, in its Agenda 2063, the AU has promised to address these issues and enhance what it calls “inclusive economic growth and sustainable development.” [3] These issues, of course, are interrelated and tied to many of the recommendations listed above. For example, without peace, it is not likely that any African country will be able to engage in the types of entrepreneurial activities that enhance inclusive growth and development. Hence, it is important for the AU to promote the rule of law and thus create the enabling environment for the emergence of the entrepreneurial communities that offer all citizens the opportunities for self-actualization.

Respond effectively to pandemics: As evidenced by the response to the Ebola pandemic that devastated Liberia, Guinea, and Sierra Leone beginning in March 2014, few African countries have health care systems that can effectively and fully respond to pandemics. In addition, there is no continent-wide framework that can timely deal with such health threats and effectively prevent them from becoming pandemics. The AU must take the lead in helping develop a continent-wide response framework to future health threats.

Ensure the equitable allocation of and access to water: The continuing struggle between Egypt and Sudan, on the one hand, and Ethiopia and the other upstream riparian states, on the other hand, over access to the waters of the Nile River, has reminded us of the need for African countries to develop effective legal frameworks for the equitable allocation of existing water resources. With increased demand for water for household use and for irrigated farming—due to rapid population increases, urbanization, and the effects of global warming—it has become evident that African countries must develop and adopt effective legal frameworks to govern the allocation of water resources, as well as deal with other water-related issues such as ecosystem degradation, conservation, and water treatment and reclamation. The AU can provide the mechanisms for regional discourses on water management and enhance the ability of member countries to develop and adopt effective systems to manage international watercourses.

The African Union is in a position to provide the leadership for Africa to develop into a much more effective competitor in the global economy and a full participant in global governance. To do so, the AU must move aggressively to deal with some pressing issues in order to secure peace and security in several countries and avert descend into anarchy and genocide. In the long-run, the AU should help its member countries develop and adopt institutional arrangements and governing processes that guarantee the rule of law, enhance the protection of human rights (including especially those of women and other vulnerable groups), and promote inclusive growth and development. The timid and extremely cautious approach that the AU is taking with respect to the crisis in Burundi is almost tantamount to a dereliction of duties. The AU leadership must not allow claims of sovereignty and independence made by the governments of member states to inform, and perhaps, cloud its decisions. Emphasis should be placed on the plight of the people who are being exploited, displaced and forced into homelessness and/or exile, maimed, and killed by the violence in these countries.

[1]Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

[2] The AU’s guiding principles can be found in the Lomé Declaration on Unconstitutional Changes in Government and the Constitutive Act of African Union, which prohibit unconstitutional changes in government. For example, Art. 30 of the Constitutive Act of the African Union states as follows: “Governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union.” Also, Art. 4 states that “[t]he Union shall function in accordance with the following principles: “(p) condemnation and rejection of unconstitutional changes of government.” See Constitutive Act of the African Union, available at http://www.au.int/en/sites/default/files/ConstitutiveAct_EN.pdf (last visited on February 6, 2016).

[3] Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

The African Union (AU) will hold its 27th Heads of State Assembly in Kigali from July 17-18, 2016, as part of its ongoing annual meetings, during which time it will elect individuals to lead the AU Commission for the next four years. Given the fierce battle for the chairperson position in 2012; and  as the AU has increasingly been called upon to assume more responsibility for various issues that affect the continent—from the Ebola pandemic that ravaged West Africa in 2013-14 to civil wars in several countries, including Libya, Central African Republic, and South Sudan, both the AU Commission and its leadership have become very important and extremely prestigious actors. The upcoming elections are not symbolic: They are about choosing trusted and competent leaders to guide the continent in good times and bad.

The African Union (AU) [1] came into being on July 9, 2002 and was established to replace the Organization of African Unity (OAU). The AU’s highest decisionmaking body is the Assembly of the African Union, which consists of all the heads of state and government of the member states of the AU. The chairperson of the assembly is the ceremonial head of the AU and is elected by the Assembly of Heads of State to serve a one-year term. This assembly is currently chaired by President Idriss Déby of Chad.

The AU’s secretariat is called the African Union Commission [2] and is based in Addis Ababa. The chairperson of the AU Commission is the chief executive officer, the AU’s legal representative, and the accounting officer of the commission. The chairperson is directly responsible to the AU’s Executive Council. The current chairperson of the AU Commission is Dr. Nkosazana Dlamini Zuma of South Africa and is assisted by a deputy chairperson, who currently is Erastus Mwencha of Kenya.

Dr. Zuma has decided not to seek a second term in office and, hence, this position is open for contest. The position of deputy chairperson will also become vacant, since Mwencha is not eligible to serve in the new commission.

Notably, the position of chairperson of the AU Commission does not only bring prestige and continental recognition to the person that is elected to serve but also to the country and region from which that person hails. Already, the Southern African Development Community (SADC), Dr. Zuma’s region, is arguing that it is entitled to another term since she has decided not to stand for a second. Other regions, such as eastern and central Africa, have already identified their nominees. It is also rumored that some regions have already initiated diplomatic efforts to gather votes for their preferred candidates.

In April 2016, SADC chose Botswana’s minister of foreign affairs, Dr. Pelonomi Venson-Moitoi, as its preferred candidate. Nevertheless, experts believe that even if South Africa flexes its muscles to support Venson-Moitoi’s candidacy (which it is most likely to do), it is not likely to succeed this time because Botswana has not always supported the AU on critical issues, such as the International Criminal Court, and hence, does not have the goodwill necessary to garner the support for its candidate among the various heads of state.

Venson-Moitoi is expected to face two other candidates—Dr. Specioza Naigaga Wandira Kazibwe of Uganda (representing east Africa) and Agapito Mba Mokuy of Equatorial Guinea (representing central Africa). Although Mokuy is relatively unknown, his candidacy could be buoyed by the argument that a Spanish-speaking national has never held the chairperson position, as well as the fact that, despite its relatively small size, Equatorial Guinea—and its president, Teodoro Obiang Nguema—has given significant assistance to the AU over the years. Obiang Nguema’s many financial and in-kind contributions to the AU could endear his country and its candidate to the other members of the AU.

In fact, during his long tenure as president of Equatorial Guinea, Obiang Nguema has shown significant interest in the AU, has attended all assemblies, and has made major contributions to the organization. In addition to the fact that Equatorial Guinea hosted AU summits in 2011 and 2014, Obiang Nguema served as AU chairperson in 2011. Thus, a Mokuy candidacy for the chairperson of the AU Commission could find favor among those who believe it would give voice to small and often marginalized countries, as well as members of the continent’s Spanish-speaking community. Finally, the opinion held by South Africa, one of the continent’s most important and influential countries, on several issues (from the political situation in Burundi to the International Criminal Court and its relations with Africa) appears closer to that of Equatorial Guinea’s than Botswana’s.

Of course, both Venson-Moitoi and Kazibwe are seasoned civil servants with international and administrative experience and have the potential to function as an effective chairperson. However, the need to give voice within the AU to the continent’s historically marginalized regions could push Mokuy’s candidacy to the top.

Nevertheless, supporters of a Mokuy candidacy may be worried that accusations of corruption and repression labeled on Equatorial Guinea by the international community could negatively affect how their candidate is perceived by voters.

Also important to voters is their relationship with former colonial powers. In fact, during the last election, one argument that helped defeat then-Chairperson Jean Ping was that both he and his (Gabonese) government were too pro-France. This issue may not be a factor in the 2016 elections, though: Equatorial Guinea, Uganda, and Botswana are not considered to be extremely close to their former colonizers.

Finally, gender and regional representation should be important considerations for the voters who will be called upon to choose a chairperson for the AU Commission. Both Venson-Moitoi and Kazibwe are women, and the election of either of them would continue to support diversity within African leadership. Then again, Mr. Mokuy’s election would enhance regional and small-state representation.

Also open for contest are the portfolios of Peace and Security, Political Affairs, Infrastructure and Energy, Rural Economy and Agriculture, Human Resources, and Science and Technology. Many countries are vying for these positions on the commission in an effort to ensure that their status within the AU is not marginalized. For example, Nigeria and Algeria, both of which are major regional leaders, are competing to capture the position of commissioner of Peace and Security. Algeria is keen to keep this position: It has held this post over the last decade, and, if it loses this position, it would not have any representation on the next commission—significantly diminishing the country’s influence in the AU.

Nigeria’s decision to contest the position of commissioner of Peace and Security is based on the decision by the administration of President Muhammadu Buhari to give up the leadership of Political Affairs. Historically, Nigeria has been unwilling to compete openly against regional powers for leadership positions in the continent’s peace and security area. Buhari’s decision to contest the portfolio of Peace and Security is very risky, since a loss to Algeria and the other contesting countries will leave Nigeria without a position on the commission and would be quite humiliating to the president and his administration.

Since the AU came into being in 2002, there has been an unwritten rule that regional powers (e.g., Algeria, Kenya, Nigeria, South Africa) should not lead or occupy key positions in the AU’s major institutions. Thus, when Dr. Zuma was elected in 2012, South Africa was severely criticized, especially by some smaller African countries, for breaking that rule. The hope, especially of the non-regional leaders, is that the 2016 election will represent a return to the status quo ante since most of the candidates for the chairperson position hail from small- and medium-sized countries.

While professional skills and international experience are critical for an individual to serve on the commission, the AU is quite concerned about the geographical distribution of leadership positions, as well as the representation of women on the commission, as noted above. In fact, the commission’s statutes mandate that each region present two candidates (one female and the other male) for every portfolio. Article 6(3) of the commission’s statutes states that “[a]t least one Commissioner from each region shall be a woman.” Unfortunately, women currently make up only a very small proportion of those contesting positions in the next commission. Thus, participants must keep in mind the need to create a commission that reflects the continent’s diversity, especially in terms of gender and geography.

Individuals that have served in government and/or worked for an international organization dominate leadership positions in the commission. Unfortunately, individuals representing civil society organizations are poorly represented on the nominee lists; unsurprisingly, given the fact that the selection process is controlled by civil servants from states and regional organizations. Although this approach to the staffing of the commission guarantees the selection of skilled and experienced administrators, it could burden the commission with the types of bureaucratic problems that are common throughout the civil services of the African countries, notably, rigidity, tunnel vision, and the inability, or unwillingness to undertake bold and progressive initiatives.

The AU currently faces many challenges, some of which require urgent and immediate action and others, which can only be resolved through long-term planning. For example, the fight against terrorism and violent extremism, and securing the peace in South Sudan, Burundi, Libya, and other states and regions consumed by violent ethno-cultural conflict require urgent and immediate action from the AU. Issues requiring long-term planning by the AU include helping African countries improve their governance systems, strengthening the African Court of Justice and Human Rights, facilitating economic integration, effectively addressing issues of extreme poverty and inequality in the distribution of income and wealth, responding effectively and fully to pandemics, and working towards the equitable allocation of water, especially in urban areas.

Finally, there is the AU’s dependence on foreign aid for its financing. When Dr. Dlamini Zuma took over as chairperson of the AU Commission in 2012, she was quite surprised by the extent to which the AU depends on budget subventions from international donors and feared that such dependence could interfere with the organization’s operations. The AU budget for 2016 is $416,867,326, of which $169,833,340 (40 percent) is assessed on Member States and $247,033,986 (59 percent) is to be secured from international partners.  The main foreign donors are the United States, Canada, China, and the European Union.

Within Africa, South Africa, Angola, Nigeria, and Algeria are the best paying rich countries. Other relatively rich countries, Egypt, Libya, Sudan, and Cameroon, are struggling to pay. Libya’s civil war and its inability to form a permanent government is interfering with its ability to meet its financial obligations, even to its citizens. Nevertheless, it is hoped that South Africa, Nigeria, Angola, Egypt, and Libya, the continent’s richest countries, are expected to eventually meet as much as 60% of the AU’s budget and help reduce the organization’s continued dependence on international donors. While these major continental and international donors are not expected to have significant influence on the elections for leadership positions on the AU Commission, they are likely to remain a determining factor on the types of programs that the AU can undertake.

Dealing fully and effectively with the multifarious issues that plague the continent requires AU Commission leadership that is not only well-educated and skilled, but that has the foresight to help the continent develop into an effective competitor in the global market and a full participant in international affairs. In addition to helping the continent secure the peace and provide the enabling environment for economic growth and the creation of wealth, this crop of leaders should provide the continent with the leadership necessary to help states develop and adopt institutional arrangements and governing systems that guarantee the rule of law, promote the protection of human rights, and advance inclusive economic growth and development.

[1] The AU consists of all the countries on the continent and in the United Nations, except the Kingdom of Morocco, which left the AU after the latter recognized the Sahrawi Arab Democratic Republic (Western Sahara). Morocco claims that the Western Sahara is part of its territory.

[2] The AU Commission is made up of a number of commissioners who deal with various policy areas, including peace and security, political affairs, infrastructure and energy, social affairs, trade and industry, rural economy and agriculture, human resources, science and technology, and economic affairs. According to Article 3 of its Statutes, the Commission is empowered to “represent the Union and defend its interests under the guidance of and as mandated by the Assembly and Executive Council.”