LIDS Symposium Blog Series – Development Beyond Aid: Mark Weber speaks about the foundations of human flourishing

By: Mike Maruca

Mark Weber, a fellow at the MIT Legatum Center for Development and Entrepreneurship and co-producer of the powerful documentary Poverty, Inc., opened the LIDS 2017 Symposium with a series of stories about the foundations of human flourishing. He encouraged the attendees to think algorithmically about development: to use an approach (1) based on principles derived from what is good for human ecosystems; and (2) that self-consciously identifies contradictions and hypocrisies in the international development system, in order to weed them out.

Mark opened with a story of Muhammed Al Bouazizi, the Tunisian fruit seller whose tragic death marked the start of the Arab Spring. Muhammed, who was operating extra-legally in the informal economy, had his fruit cart confiscated by a police officer and was banned from ever selling again. Muhammad had no legal remedy and his livelihood had been taken. His pure desperation led him to stand in the middle of the street and light himself on fire. It turns out many of those who self-immolated in the Arab Spring were micro-entrepreneurs; Muhammed’s brother explained a cause of the anger: “Even the poor should have the right to buy and sell.”

In Western media, the narrative of the Arab Spring tended to focus on corrupt dictators, not the right to access markets. But it was the lack of access to the basic institutions that caused Muhammed’s desperation; Muhammed was arbitrarily deprived of the freedom to create something of value in the world. And even if Muhammed had received microfinance or had the support of a trendy poverty-reduction-through-entrepreneurship organization, he would have always been one corrupt official away from catastrophe. Mark therefore encouraged the attendees to think on a systemic level about how to establish the conditions necessary for the Muhammeds of the world to provide for their families.

The second story described the protests of a woman nicknamed “Mommy” in Cambodia. In 2007, the constitutional monarch decided to lease land around a lack to a company controlled by a member of the Senate. Under the recent Cambodian land reform, such a lease was obviously illegal, but it did not matter. Mommy led protests for years and was beaten to within an inch of her life. The company was provided with licenses that showed they could destroy thousands of homes around the lake. Mark pointed out that folks on the political left would see such a situation and say “capitalism is to blame here,” while those on the right might argue “no, it’s totalitarianism that caused this injustice.” Mark said both can be correct; the real take-away is that, the more powerful an institution, governmental or otherwise, becomes, the more easily the rule of man can trump the rule of law. And we must always try not to lose sight of the people whose homes are bulldozed. It is vitally important to humanize markets and to remember that they are networks of human relationships.

The final story was about rice in Haiti and touched on three policies: agricultural subsidies, trade policy, and aid policy. Starting in the early 80s, the wealthy, agriculture-producing countries embarked on a policy of moving produce into poorer countries in an attempt to skip the agricultural economy and move straight into manufacturing. That did not work. Mark pointed to a few trends that led to the policy: the consolidation of big agriculture, small changes in US patent law, and growing subsidies that created incredible surpluses. To stave off a price collapse, the US needed to re-route some of its production into high fructose corn syrup, ethanol, trade, and in-kind donations to large non-profits that could turn around and sell subsidized food in developing markets (a method known as “monetization”).

That’s how rice swamped Haiti. But subsidized rice put about 100,000 Haitian rice farmers out of work, and while the absolute price of rice did indeed decrease, just as the donors intended, the relative price went up as the farmers’ purchasing power collapsed. The butterfly effects of US domestic policy rippled outward. Farmers were forced to abandon their lands and move into concrete buildings in crowded slums that collapsed in the Haitian earthquake. Mark pointed out that if we are interested in international development, we must also be interested in domestic policies, which function like steroids in competitive global trade regime, and which undermine our national reputation. Yet embedded interests can prevent needed reforms; starting in 2012 USAID pushed a procurement reform that would source 10% local goods for humanitarian emergencies. But the reform ran into big agriculture, big shipping, and big nonprofits in the US and therefore stalled. Mark argued that USAID falls under the State Department, whose mandate is to advance the interests of the United States, and he encouraged the participants to be on guard for the neo-colonialist undercurrent that often taints development work.

To close, Mark told the participants to try and recognize biases and paternalism; to question how our actions are perceived; to identify second, third, and fourth order effects of seemingly domestic policies; and perhaps most importantly, to recognize complexity. One can simultaneously recognize that many aid programs are masked stimulus packages for our own country and should end, yet still have real empathy for the global poor. One can believe in the good of markets, yet still see a role for humanitarian and emergency aid. Mark’s talk set the stage for the rest of the day’s discussion and was echoed across the following panels.


About the blogger: Mike Maruca is a 3L at Harvard Law and co-president of LIDS. He plans to work in renewable energy following his graduation in May 2018.

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The Politics of Nepal’s Constitution – a Document of Compromise?

By: Sabrina Singh

After decades of tumult, including a 10-year Maoist civil war, Nepal promulgated its constitution in 2015, transitioning the country from a monarchy to a democratic federal republic. It was a document that took six years and two constituent assemblies in its making. Mr. Bhojraj Pokharel, former Chief Election Commissioner of Nepal and current Senior Fellow at the United States Institute of Peace, highlighted some of the key challenges and opportunities gleaned from Nepal’s experience.

Bhojraj placed Nepal’s constitution in the larger, complicated political context of the time. He highlighted that bringing together 30 political parties and 601 members of the constituent assembly was a major challenge, especially since the three major political parties held contesting views regarding the type of governance (presidential, parliamentary or mixed), type of electoral system, the basis and number of federal structures and type of judiciary. The country’s leadership found it challenging to balance both the peace process as well as the constitution writing process, and emphasized political consensus, sometimes to the detriment of strengthening formal institutions. Due to these complications, Bhojraj said that the constitution became a document of political compromise.

Bhojraj spoke about the opportunities that lie ahead: He stated that it has been one of the most gender-friendly constitutions, recognizing gender minorities, gender representation in different levels of government through affirmative action, and ensuring equal property rights to all genders. The constitution writing process highlighted the importance of engaging multiple stakeholders, including minorities, for meaningful consultations. Bhojraj concluded with a key learning to balance between having both inclusion and consensus as well as sound management and a realistic timeline. To students’ questions about the role of lawyers and the influence of constitutions from other countries, Bhojraj explained that the document was born out of a lengthy political negotiation with input from legal experts, including the leadership of a lawyer who headed the constitution drafting committee. He underscored that while constitutions of other countries were informative, Nepal’s constitution writing process was mostly internally-focused.

This and next month, Nepalis will vote for their provincial and federal parliaments, formalizing a key step toward Nepal’s implementation of their constitution.


About the blogger: Sabrina Singh is a 1L at Harvard Law School from Kathmandu, Nepal.  She studied Political Science and Sociology/Anthropology at Swarthmore College and is interested in gender and economic justice in law school. 

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The Future of U.S. Development Policy: Reasons for Concern and Optimism

By: Daniel Robinson

The election of Donald Trump to be the next president of the United States has created a vast spectrum of reactions around the world, including in the international development community. At this stage, it is difficult to predict the development strategies a Trump White House would utilize, which makes uncertainty the main topic of the day. There is some concern that the Trump administration could move to scrap development aid altogether, but this seems unlikely based on the general bipartisan consensus supporting aid. However, based on the track record of Trump, Vice President-elect Mike Pence, and proposed Secretary of State Rex Tillerson, it’s possible to make some specific predictions about the new administration’s impact on U.S. development policy.

The first area in which there is clear evidence of the president-elect’s intentions is in climate policy. Trump has expressed interest in backing out of the Paris Agreement on global climate change, which would likely have substantially negative effects. Likewise, Trump has previously tweeted claiming that global climate change is a “hoax”, which further expands the negative implications in this area. Additionally, Trump’s proposed appointment of an oil industry executive (Tillerson) for Secretary of State implies a negative outlook for environmental policy.

A second aspect of U.S. development policy that is likely to change under the Trump administration is the approach toward gender and women’s rights. Previous Republican presidents have sought to reduce funding for girls and women’s health programs through the United Nations Population Fund and other sources, and this is likely to continue under the new administration. In addition, the George W. Bush administration reinstituted a “Global Gag Rule” prohibiting development assistance to organizations providing information on abortions or abortion services, and there is evidence that Trump would follow a similar approach. Pence’s notoriously bad track record on reproductive rights during his time as the Governor of Indiana further increases the likelihood of these changes.

Despite this negative analysis of the Trump administration’s likely impact on development policy, there are still reasons for optimism. Trump’s speeches have had mixed messages regarding development with some inward focused comments countered by others about the importance of helping overseas. Additionally, his focus on promoting American business interests may lead him to support programs that could increase economic productivity globally. Finally, as noted earlier, there is a widespread bipartisan consensus that international development aid should be continued. Notably, several pieces of global development legislation have been passed with bipartisan support during the last two years on a range of development issues including food security, water, health, and electrification.

While there is certainly reason for concern going forward, the implications of the next presidential administration are mixed, and there is ultimately reason to expect the U.S.’ role as a major provider of development assistance to continue in some form even if there are changes.


About the blogger: Daniel Robinson is a dual master’s degree candidate studying development economics and international food policy at Tufts University’s Fletcher School of Law & Diplomacy and Friedman School of Nutrition Science & Policy.

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LIDS Symposium Blog Series – What does intergalactic development have to do with international development?

By: Lindsay Bailey

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The closing speaker at the LIDS Fall Symposium on Technology and Development was NASA’s chief of staff (and Harvard alumnus), Michael French. French spoke about NASA’s plan to get people to Mars by 2030 and the connection between NASA’s work and international development.

At first, the connection between NASA and international development may seem tenuous. Surely, instead of spending millions sending spacecraft to Mars we could be investing in education, infrastructure, or agriculture in developing countries? Surely space travel is pretty far down on Maslow’s hierarchy of human needs? Michael outlined three main reasons why NASA and development go hand in hand:

  1. Technical Assistance– NASA provides direct technical assistance to developing countries. For example, SERVIR is a joint project between NASA and the United States Agency for International Development (USAID) that gives developing countries the tools and the skills to use data from space in their decision making. We all know that accurate data, paired with analysis, can lead to better policy implementation. SERVIR gives developing countries access to earth science data from NASA’s satellites. The SERVIR program also provides training on how to use that data in disaster relief, water management, climate change mitigation, food security, agriculture, and land use. SERVIR is currently in over 30 countries in Africa, Hindu Kush-Himalaya, Lower Mekong, and Mesoamerica.
  2. Technology Transfer– Since it’s inception, NASA has been at the forefront of technological innovation. To work well in space, technology needs to be durable, easy to fix, and easy to use. When NASA invents something that works well in space, it’s probably going to work well even in the toughest of situations back on Earth. For example, when astronauts need to have their eyes checked they don’t have an ophthalmologist on the shuttle ready to do a check-up. NASA had to invent a reliable testing system that could be used by anyone. This same machine is now being used in the Himalayas to check people’s eyes in villages that an ophthalmologist is unlikely to visit. NASA has also developed a water purification system that is being used in India and Mexico after natural disasters. NASA has also tried to make sure this technology is available to everyone through low rates for government licenses or free IP. For more information about NASA’s technology transfer program, see their website here.
  3. Soft Power– Since NASA is perceived to be more neutral than the DOD or State Department, they are welcome where the US government is not. They are seen as trying to expand human knowledge and make the world a better place. In their history, they have had over 4,000 international agreements with 120 different countries. Most astronauts notice the lack of borders in space, and there are 17 different countries on the International Space Station conducting experiments with 82 different countries. We need this kind of global collaboration to solve some of our most pressing problems, including climate change and the refugee crisis.

LIDS would like to thank Mr. French for his time and effort in speaking at our symposium!


About the guest blogger: Lindsay Bailey is a first-year law student from Huntsville, Canada. Before coming to Harvard, she spent three years working in Northern Ghana on evidence based policy making, property taxes, monitoring and evaluation, and other governance issues. Her interests include the rule of law, transitional justice, local government, and women’s rights.

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LIDS Symposium Blog Series – Fred Fedynyshyn of BitPesa opens the Symposium by sharing his experience in fintech and development

By: Michael Maruca

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Fred Fedynyshyn opened the LIDS Fall Symposium on Technology and Development last Friday, October 21. Fedynyshyn is Chief Legal and Compliance Officer at BitPesa, a payment transfer service that wields mobile money and bitcoin technology to facilitate cross-border payments into and out of Africa. Drawing a historical line from the development of the plow to credit innovations in fintech, Fedynyshyn spoke of how technology is the best way to drive human development.

According to Fedynyshyn, lawyers entering the international development space need to master three things: 1) engaging with government; 2) harnessing the power of the private sector; and 3) understanding the nature of regulation.

Development is inherently political, and most lawyers in the field will operate in heavily regulated industries. Therefore, cultivating a relationship with governments is key, as is understanding their concerns and priorities. In addition to cooperating with low-income country governments, the development lawyer should engage with those countries that set the rules governing activity in their industry.

Fedynyshyn described some of the advantages the private sector has over traditional development agencies. While USAID and development banks are good at long term thinking, identifying priority areas, creating a forum for access to regulators, and providing of credibility and legitimacy, it is the private sector that drives development forward. The private sector tends towards efficiency, may be more willing to take risks, is customer focused, and capable of quick pivots.

However, while the private sector provides an energizing force for technology in development, Fedynyshyn emphasized the need to wield regulation intelligently, a theme that continued throughout the symposium. Smart regulation engages all relevant stakeholders, addresses antitrust issues, internalizes externalities, and takes the long view, since development happens over decades, not quarters. Fedynyshyn spoke of how lawyers in development should take an outcome-focused approach to drafting regulation. They should avoid hyperbole and think calmly about the costs and the benefits as well. This can be a difficult analysis to do, particularly with scarce data. Furthermore, lawmakers in developed countries might be writing the rules for the rest of the world without really understanding how the law can or cannot be implemented on the ground. This disconnect might also occur within low-income countries, as the urban elites are unaware of the difficulties in implementation of laws in rural communities.

Over the course of his keynote speech, Fedynyshyn advised that aspiring international development lawyers in the private sector should be intellectually, emotionally, and financially prepared for the regulatory practice necessary to succeed. Fedynyshyn closed the opening speech on an optimistic note, highlighting some of the themes that tied the other panels together: smart regulation, creating innovation, and the role of ethical concerns in technological development.


About the guest blogger: Mike Maruca is a DC native who came to HLS via Yale and the Peace Corps. He briefly worked as a policy analyst at the OECD Development Centre and plans on practicing in the international development field. He is interested in energy, health, education, and social enterprise in Africa.

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Apply to be on the 2016-17 LIDS Executive Board

Are you interested in international development? Would you like to direct and expand international opportunities at HLS? Do you enjoy networking and making new friends among people who share your interests? Join the 2016-17 LIDS Executive Board! Applications (including descriptions of the various Board positions) are available here and are due by Sunday, April 3. Please reach out to Liz Loftus (eloftus@jd16.law.harvard.edu) or Sam Datlof (sdatlof@gmail.com) with any questions. We look forward to hearing from you!