Africa, learn from Europe: The “afro” may not be a good look

By: Ted Brackemyre

When Qatar hosted the Fourth World Trade Organization (WTO) Ministerial Conference in Doha in November 2001, trade reform promised to better the lives of those both in the developed and the developing world. The Doha Ministerial kicked off the Doha Development Round negotiations—a round intended to provide less developed (LDCs) and developing countries more access to the benefits of the WTO regime. Fourteen years later the Doha Round lingers, unable to deliver significant gains to the developing world. The Bali Package, signed in 2013, offered some concessions to LDCs, but failed to provide the sort of meaningful changes envisioned of the Doha Round at the turn of the millennium. In December 2015, Kenya will host the Tenth WTO Ministerial Conference—the first African country to do so. However, with the Doha Round sputtering and little indication that the Kenya Ministerial will jumpstart negotiations, Africa may soon turn to its own reform—outside of the WTO system—to encourage development.
 
Further integration within the African Union (AU) is a possible source of growth. Established in 2002, the AU succeeds other pan-African integration efforts and models itself loosely off of the European Union (EU). Functioning as both a political and economic body, the AU’s plans to bring the entire continent into a single free trade area and customs union by 2019, a single market by 2023, and a single currency—colloquially called the afro—by 2028 present an ambitious economic integration agenda. Credit should be given to African leaders for not waiting on the developed world to get their act together, but growing support for monetary union in Africa is troubling.
 
Enthusiasm for a single African currency frequently awaits the promises of: 1) economic growth, 2) lower inflation, and 3) unity. First, a single market—with free internal trade and a single external tariff— and a single currency will foster economic growth. Trade within Africa will expand as tariff barriers and non-tariff barriers—e.g. the cost of exchanging different currencies—fall. Making cross border payments will be easier and, as a result, industries will develop at a regional and global level—boosting efficiency. Additionally, a single currency and the ability for that money to be used throughout the continent will attract more foreign direct investment (FDI). Increased FDI flows will improve the continent’s infrastructure—facilitating the development of a more modern economy. Second, monetary union assures lower inflation. With a larger transactions domain and a mandate to manage the monetary policy of all of Africa, the afro will be a less volatile money than its predecessors. The large number and diversity of national economies will engender faith in the afro—keeping inflation lower than before. Third, unity begets more unity. Akin to Frenchman Jean Monnet’s snowball theory of integration in mid twentieth century Europe, African leaders hope that taking small, easy steps—e.g. creating a free trade area—will allow states to witness the benefits of integration and support the undertaking of larger, more difficult steps—e.g. establishing fiscal or political union. Further, a monetarily unified Africa will be positioned better to combat many of the political disruptions that have long wrecked the continent. Economic sanctions and monetary restrictions will be effective, non-violent tools to combat violent coups and counter-coups when the entire continent operates within a single market and with a single money.
 
Proponents for a single African currency correctly identify many of the benefits of a shared money. The afro would lower transactions costs, facilitate pan-African monetary decision-making, and serve as a building block for greater African unity—both economic and otherwise. However, I caution against a hasty step to monetary union. As the EU has learned in recent years, managing a widely circulating single currency presents many challenges. Even assuming the AU has the institutional capacity to manage such a widespread currency, Africa—as an assembly of diverse economies—may not be suited for a stable, single money.
 
In particular, I worry about the disparity of macroeconomic policy preferences among African economies. Effective monetary policy requires that a money’s users share many of the same policy aims. Growth, inflation, and unemployment rates must roughly align with one another. Without alignment, monetary policy will be at best inadequate and at worst harmful. 
 
As a continent experiencing various stages of economic development and burdened with a history of inflationary episodes, it is unlikely that countries using the afro will share similar inflation and unemployment preferences. For instance, imagine a scenario in which a central African state needs to devalue—making its exports more competitive—in order to lower a growing unemployment rate. At the same time, though, a southern African country faces inflationary pressures and demands retractionary monetary policy to avoid an inflation crisis. Monetary policy could help resolve either problem—just not the same monetary policy. The central state seeks lower interest rates and an expansion in the money supply, while the southern state needs higher interest rates and a retraction in the money supply. Such is the key tension in supranational monetary policymaking. The African Central Bank cannot service both countries’ needs. Either one, or both, will be left with policy that actually worsens their problems. While this scenario is hypothetical in the case of the afro, it is very real in the case of the euro. With its history of hyperinflation and robust economic output, Germany prefers low inflation at the expense of relatively higher unemployment. Meanwhile, the sputtering Greek economy is willing to trade high inflation for a boost to GDP and a reduction in unemployment. Sitting in Frankfurt, the European Central Bank (ECB) traditionally favors the northern European approach of German-style low inflation at the expense of its southern brethren. Now, Greece is on the verge of default and an exit from the eurozone that threatens the stability of the entire union. It is not hard to imagine a similar situation playing out in the afrozone.
 
The problem of divergent policy preferences cannot be addressed solely through firm government commitments to the shared money. German responses to Greek cries for easy money often chastise the Greek government for irresponsible spending and poor economic structuring. The AU could protect against such poor governance with stronger commitments to low inflation rates, public debts, and deficits. However, even with those protections, the diversity of African economies will tear the single money apart. In developing countries, gross domestic product (GDP) fluctuates greatly on a yearly or even quarterly basis. Particularly in Africa, where commodity export prices heavily dictate economic performance, predictable GDP growth is unlikely. Even with a firm commitment to similar inflation policies, global economic forces may force a divergence. Envision a year in which gold and diamond prices skyrocket, but crude oil prices plummet. Gold and diamond producing countries will experience an inflow of cash, higher prices, and less unemployment. Oil producing countries will experience a decrease in national wealth, lower prices, and an increase in unemployment. All of a sudden, Africa’s gold and diamond exporters are feeling German and the oil producers Greek. In other words, from an entirely external source, the stability of the afro is disrupted. This example is purposefully over-simplified, but the point stands: both nationally, and as a collective economy, Africa lacks the diversity of industrial output necessary to combat adverse external shocks. It is not a matter of it, but a matter of when greater economic trends pull the African economies apart. Under such conditions, a stable, single money cannot exist.
 
Ultimately, the choice for Africa to enter into a monetary union is a trade-off. But, that trade-off is rather one-sided. The benefits of a single money are real—however, so are the costs. The diversity and natural wealth of Africa provide significant economic promise for the continent, but they make a single money an unwise endeavor. The afro is ambitious and the idea of greater African integration is not inherently bad. Nevertheless, Africa is not nearly ready for this new look. Besides being an ill-suited collection of economies for a single money, monetary union would put Africa in an awkward middle phase of integration. The afro would not be a natural monetary union in the sense that a stable system would require significant fiscal transfers to stabilize regional disparities and respond to adverse shocks. Fiscal transfers require fiscal revenues—i.e. taxes. And, taxation necessitates some form of political union. In essence, imposing a single money on Africa is really just the first step in creating a pan-African political union. Advocates of the afro will argue that is not the case, but they are either short-sighted or deceptive. The recent troubles in European integration portend Africa’s future if it pursues deeper integration. As the eurozone added more varied economies to its portfolio, the euro became increasingly difficult to manage. Africa’s economies are arguably more dissimilar than Europe’s. The only way to keep such a monetary union together would be fiscal—and then political—union. If Africa is not ready for total political union—it’s not—then monetary union is a troubling step.
 
Proposals for monetary union are attractive because facially they appeal to notions of unity and ambition. This type of multilateral governance is sexy because the tough choices are left to be made at local and national levels. The negative effects of a poorly instituted monetary system will be felt first by local and national governments. Only later will the supranational regime bear the blame. If the AU moves forwards with monetary integration it will have to do so alongside serious domestic institutional reform. Corruption, irresponsible spending, and other forms of poor governance will cripple the afro before it ever circulates. Combating poor governance is not easy and it may be impossible to garner local support for supranational integration, while simultaneously advocating for local governance reforms. African leaders should also look to the troubles facing other multilateral endeavors. The WTO, for instance, has failed to fully assimilate developing countries partially because of its many member states and the wide variety of interests they represent. A pan-African monetary union would—in many ways—re-create that problem. Effective monetary policy would be difficult to institute when required to cover so many interests. Similarly, the AU in many respects patterns itself off of the EU. As such, the AU should be especially cognizant of the EU’s growing pains. The AU may want to consider limiting membership—or at least membership to the afrozone—to economies that are intrinsically similar. The eurozone’s Maastricht criteria attempt to do so, but focus solely on inflation, debts, and deficits. Moreover, the eurozone frequently relaxed the Maastricht criteria. Afrozone membership criteria should focus on growth, inflation, and unemployment rates, in addition to public debts and deficits—and do so more strictly. Alternatively, the AU should consider breaking down into regional agreements for deeper integration. Free trade may be able to be negotiated at an Africa-wide level, but for governance areas that demand flexibility and political accountability—e.g. monetary and fiscal union—the regional level is more appropriate.
 
Regional monetary governance offers a solution that avoids many of the difficulties of a continent-wide currency. At the regional level, monetary policy can be tailored precisely—taking into account regional preferences, business cycles, and external shocks. The West Africa CFA franc and the Central Africa CFA franc currently operate as regional currency unions. Additionally, the Common Monetary Area links several currencies in southern Africa to the South African rand. These institutions are not perfect, but they demonstrate a willingness and an ability of African leaders to think creatively about regional governance solutions. These efforts should serve as examples as those same leaders seek to develop their own solutions—i.e. not relying on the WTO and other western-centric regimes—to their continent’s development problems. The recent trend of African countries looking inward for development solutions is encouraging. But, African integration efforts must avoid the mistakes of Europe. Without strong, unified fiscal and political leadership, assembling diverse economies with varied monetary policy needs is a nearly impossible task. Monetary integration and reform can play a key role in attempts at spurring development, but now—more so than pan-African unity—African economies need the flexibility and national and regional-level monetary policymaking.

Power, Politics, and Provinces: Découpage in the Democratic Republic of the Congo

One trend in human rights and development activism seems to be “think local,” perhaps a reflection of a desire to side-step often distant, corruption-prone federal governments and instead foster empowerment in traditionally marginalized areas.  It’s an idea that makes some sense—but can be dangerously over-extended or co-opted.
 
Such is currently the case in the Democratic Republic of the Congo, where President Joseph Kabila, constitutionally prohibited from seeking a third term, is currently searching for a way to prolong his tenure.  Having been forced in January to back down from a census law that would have postponed the election—due to be held in November 2016—he’s now returned to an idea that was supposed to be implemented a long time ago:  découpage.  This process would divide the DRC’s eleven provinces into twenty-six, a change which was set in motion in 2006 and that was supposed to have occurred by 2010.  Given all the delay, why has Kabila suddenly set a June 30 deadline to institute découpage, despite numerous reports indicating the Congolese government is underprepared?  Likely because he sees it as an alternate way to maintain power—and because, whether or not the June 30 deadline is met, he wins.
 
If découpage actually—and surprisingly—manages to take place before June 30, Kabila will have succeeded in dissolving the large provincial power bases of some of his primary rivals who, even if elected to lead their new, smaller provinces, will have fewer resources at their disposal and therefore be less viable candidates at the national level.  As a result, Kabila’s opponents would be less able to rally against any power grab and less able to challenge any anointed successor.  On the other hand, if DRC can’t meet the June 30 deadline, the elections may be delayed, allowing Kabila to hold onto the presidency.
 
Further dividing up DRC’s provinces, and potentially engaging in general decentralization efforts, isn’t necessarily an inherently bad idea, though there should be real concerns about how it would play out in DRC given the country’s past experiments with it.  However, even if one supports the end goal, the timing of this particular process should create real concerns about any already fragile hopes of shifting DRC in a more truly democratic direction.  After so many years of delays, waiting a little bit longer seems like a much better option than rushing into a sloppy, politicized process.

 

Data and the Debate on Juvenile Justice in India

By: Ameya Naik

This is a topic I’m not working on directly right now, but that concerns me tremendously. Some readers may recall the nationwide outrage that gripped India in December 2012 when a young pharmacy student was brutally gang-raped and assaulted in New Delhi, an assault that inflicted injuries which eventually caused her death.

This rape and assault took place on a “private bus” – one of many run by contractors to supplement the city’s public transport on busy or under-served routes – and revealed many flaws in the current measures for women’s safety in Delhi. The bus in question had driven around for hours as the rape took place and passed multiple police checkpoints on its route, raising questions about the focus and efficacy of policing and patrol practices. The people of Delhi had taken to the streets in unprecedented numbers that December, to protest the laxity of law enforcement that permitted such an atrocity, and to demand better mechanisms be put in place.

Whatever their failings in prevention, the police were exemplarily swift in locating and arresting the alleged perpetrators. It subsequently emerged that one of the accused was a minor; under the prevailing Juvenile Justice Act (2000), he could not be prosecuted in a regular court for his role in this atrocity. News reports sparked some confusion on what exactly that role had been: some claimed he had been “the most brutal” assailant, others that he was only a lookout, still others that he was not even a minor.

Regardless of the details, the prospect that one of those responsible for so inhuman an act may “escape punishment” on the grounds of minority became a target of public ire. Many writers expressed disgust at the idea that 16- and 17-year-old men may cynically take advantage of their minority to commit even the gravest offences, and escape lightly because they must be treated as juvenile offenders. Calls for capital punishment to be imposed in this case were common, and there was a chilling lack of concern when another accused was found hanging in his jail cell, having apparently committed suicide.

The erstwhile government’s response to the protests at India Gate had been inexplicably heavy-handed: riot police, tear gas, water cannons etc. Today’s government – then the opposition – now seems to be adopting an equally clumsy approach to the matter of juveniles accused of grave crimes: last week, the Lok Sabha (lower house of Parliament) passed a law that proposes to have persons above the age of 16 who commit such offences tried before the regular judicial system, as adults.

That bill – The Juvenile Justice (Care and Protection) Bill – is now before the Rajya Sabha (upper house) for deliberation. This, despite apprehensions expressed by the Parliamentary Standing Committee that reviewed the Bill that it was a knee-jerk reaction to an emotive issue. The bill proposes that if a 16- to 18-year-old commits an offence for which the Indian Penal Code prescribes a sentence of 7 years or more (“heinous offences”), and is then apprehended when 21 years or older, the Juvenile Justice Board must review whether the accused can stand trial as an adult. This presumably involves an assessment of the mental state or maturity of the accused at the time of the offence.

As a Member of Parliament (the one I worked for before grad school, as it happens) noted in the Lok Sabha’s debate over the bill, this proposal runs counter the Convention on the Rights of the Child (CRC), to which India is signatory. The CRC requires that all persons below the age of 18 be treated – uniformly – as children. This varied treatment is also a concern under the Indian Constitution, in that it appears to violate the Fundamental Right to equality before law, and to set up two different penalties for the same offence even when the offender is of the same standing, based on age at the time of apprehension.

What concerns me most, though, is this: as a solution, the proposed system is wholly disproportionate to the incidence of the problem. Worse, data from existing cases of alleged rape by a minor reveal a disturbing trend, which this development would surely exacerbate. Rukmini Srinivasan and Mrinal Satish examined all such cases heard in Delhi’s courts. As they reported in The Hindu, the vast majority of such cases involve minor girls who have eloped or are in relationships against their parents’ wishes. These are usually filed by the parents of the girl, rather than the girl herself, and practically none have actually resulted in convictions.

This research adds on to other studies – as well as mountains of anecdotal evidence, and obiter statements in many judgments – to the effect that the quality of investigation into cases of alleged rape is sorely lacking, and that the whole procedure – from complaint to trial – risks re-traumatising rape survivors. Various news stories have also looked at police attitudes in relation to rape, which may gently be described as archaic and patriarchal, entirely consistent with a system where parents of an eloped girl may be more comfortable approaching the police than a girl who actually has experienced rape.

Sexual violence against women and girls in India is, beyond a shadow of doubt, a pressing concern – and one with legal, social, political, and policy-level implications. While measures to address this problem are welcome, they must pass the most basic of tests for any policy intervention: that they actually improve the circumstances of those most affected by the problem. At a minimum, they must not exacerbate the vulnerability of those whose agency is already challenged and suppressed.

It is not at all clear to me that this latest amendment to the Juvenile Justice Laws passes that test.

Reflections: Micro-finance as one of the ways to lead to inclusive growth in Africa

By: Mary-Jean Nleya

A month ago the 17th annual Africa Business Conference was held at HBS. It attracted many people from within the African diaspora and those with an interest in Africa. The theme for the conference was “A More Inclusive Africa: the pursuit of progress for all“. The aim of the conference was to engage in dialogue on sustainable and inclusive growth strategies for the continent with those already working on the continent. It was a very lively, engaging, and insightful conference. Particularly, I would like to reflect on the micro-finance panel discussion. More info on the micro-finance panel can be found here: http://www.africabusinessconference.com/fostering-inclusive-growth/ .

Getting started with the micro-finance discussion

The micro-finance panel commenced with the panel moderator recalling the historical development of the concept of micro-finance. Micro-finance having become popularized in the 1970s with the advent of Muhammed Yunus’ Grameen Bank; however, the idea of ‘micro-finance’ traces back to the 1800s.

In the African context, for too long the focus has been on formal sources of access to capital; to the exclusion of those at the bottom of the pyramid. The notion of micro-finance has recently been used as the tool to foster inclusive growth. One of the panelists explained micro-finance to be the “informal access to capital [which] is critical to financial inclusion and as a result wealth creation”.

 

Where are we today with micro-finance in Africa?

Another panelist who does work in micro-finance stated that in addition to ensuring quality services to her clients, her primary aim is to get those at the bottom of the pyramid “… to have a positive outlook [on life]” and afford them the opportunity to financial access which they ordinary would not get access to at a commercial bank. However, the same panelist pointed out the challenges she has to work around, which (among others) include complying with Know-Your-Customer (KYC) regulations, because “identification is a major issue [in the African country in which she works]” and most people at the bottom of the pyramid have “no means of identification”.

Flowing from the focus on regulatory compliance with KYC requirements, a subsequent panelist contended that there has been an over-emphasis on KYC regulatory compliance as the major challenge for micro-finance institutions. He is of the view the goal should be to “make a seamless system” to advance the needs of the customers being served, which should include physical networks which should extend beyond the urban areas into remote regions. He reasoned that the importance of having physical networks in the form of field staff in remote areas was important so as to live up to the ideal of “inclusivity”. He further stated that micro-finance institutions’ services go beyond lending micro-credit, but also includes affording savings services. He elucidated that there is a lot of value that is being kept “under people’s mattresses” because of the lack of physical networks that extend beyond the urban areas, and as a result of this phenomenon there is a lot of value that is missing, which would otherwise be converted into additional service offerings which would include e-wallets and insurance services.

 

Digitizing micro-finance

It was clear after 20 minutes into the micro-finance discussion that despite the various challenges that have been experienced in the micro-finance industry, there were positive strides taken and great opportunities ahead. The great opportunities that lay ahead were exemplified by one of the other panelists, who said the “use of technology between buyers and sellers is an important conversation to have”, she said this conversation is as important for those at the bottom of the pyramid, where 90% of transactions are in cash. She said we need to “kill the use of cash” amongst this group and move to a digitized system of micro-finance. She posed a question to the audience, “How many of you bought your air ticket online? And how many of you bought your ticket in cash?” The response from her questions revealed that the entire audience had made payments without the use of “cash” (in the technical sense of the word). She went on further to say, this should be the case for those at the bottom of the pyramid, because the use of cash breeds crime and corruption. She solidified her point by referencing South Africa, as a case in point, which managed to root out fraud after the social security agency registered those who receive government social grants digitally and thereby completely eliminated cash grants.

On the other hand, the last panelist maintained that “we cannot kill cash”. This panelist indicated that 80% of Africans have mobile phones, and the question should be “what can we do with this mobile penetration to reduce transaction costs and have access to remote places on the continent?” The last panelist concluded by stating that we should work to empower the unbanked as this will have a positive impact on overall growth of the continent. In relation to growth on the continent, it was highlighted that an example of the impact those at the bottom of the pyramid have on the formal economy is significant, citing that 57% of Nigeria’s GDP comes from the informal sector.

 

The micro-finance conversation just does not end here

While the micro-finance panel discussion was enlightening, the conversation still continues. We are continuing on a path that was paved in the 1800s and then popularized in the 1970s and is currently revolutionized in this digital and tech 21st century world of which we occupy.

Micro-finance is an enabler – it has enabled and continues to enable the African continent to move away from the simplified ‘aid model’ poverty reduction rhetoric to a wealth creation narrative which focuses on informal sources of capital. While I view micro-finance as an enabler and as one of the ways to lead to inclusive growth on the continent; there is an interesting TED talk by an HLS student and he argues for macro-finance and he criticizes micro-finance, see here: https://www.youtube.com/watch?v=tAReayFqUEY

Join LIDS in welcoming our newest LIDS Global Group

We are proud to announce that our newest LIDS Global group is Red Estudiantil de Investigación Jurídica – ELD from Escuela Libre de Derecho!

Here is a message from the group introducing themselves!

 

Mexico is a paradoxical country in many ways. Culturally, we are part of Latin America, but economically we are part of North America. We are the country that has the highest number of free trade treaties. We have one of the richest men in the world, but almost fifty percent of our population lives in poverty. We are the eleventh economy in the world, but our public policies do not create enough jobs and most of our workforce has to go into the informal market or migrate to other countries in order to find a job. We have a varied and multicultural population, but we discriminate the indigenous groups that are part of it. We are aware of the need of laws to be able to live, as a society, in an orderly fashion, yet, we tend to disobey the law. We are aware of the benefits of good education policies, but our education system is among the worst in the world.

In addition to these paradoxical problems, we suffer a corruption crisis – many public officials take advantage of their positions in order to favor their own personal interests, consolidating economical and political elites, eroding the government´s legitimacy, and creating a patrimonial conception of power –, a public security crisis – organized crime groups, ranging from drug cartels to kidnapping bands to human trafficking organizations, have taken over large parts of the territory and coopted local police forces, forcing the federal armed forces to step into the maintaining of public security –, a health-care crisis – the lowest socio-economical groups have no access to health services –, and a food crisis – twenty three percent of the population experiences food poverty and twelve percent of it experiences chronic malnourishment –.

But just as we are aware of the problems we suffer as a country, we are aware of our nation´s potential to overcome them. We share many of these problems with developing and developed countries around the world, some of which have law schools that are already participating in LIDS Global research projects.

Our main interest at the Red Estudiantil de Investigación Jurídica de la Escuela Libre de Derecho (REIJ – ELD) is to work with LIDS Global and these schools from around the world, analyzing the problems our countries experience both on the individual level and the collective level, the impact individual problems have on the international community and collective problems on individual countries, and coming up with ideas and solutions to tackle down these problems and create an environment that is healthier and more beneficial for an harmonic development of our societies.

DSC02148 From left to right: Manuel Mansilla Moya, Alexandra Pérez López, Perla Itzel Salgado Román, and Professor Manuel Alexandro Munive Páez

 

Blog and Op-Ed Writing Workshop – Prompt Added & Deadline Extended to Tuesday

When:  Thurs., March 5, 12-1 PM (Lunch will be provided)
Where:  WCC 3008 – HLS

Co-sponsored by HLS Advocates for Human Rights

Lawyers are natural advocates, but the type of writing that makes for successful advocacy in the courtroom is very different from the type of writing that persuades a general audience to care about your cause. Join Cara Solomon, a journalist, founder of The Small Story, and Communications Coordinator of the Human Rights Program for a workshop that will help students build skills and confidence in this type of writing. Topics covered include how to hook readers, how to structure arguments, how to simplify technical content, and how to use anecdotes and illustrations effectively.

Please note that participants will need to submit a draft piece by Tuesday morning, March 3 by 10 a.m to Ameya Naik (ameya.naik87@gmail.com).

Please RSVP by 10 a.m. on Tuesday, March 3 at: https://docs.google.com/a/jd15.law.harvard.edu/forms/d/1PKcDDmrSV4oacPtI-ZFWJj3H9kaiGHz8CI9fuUAeC9w/viewform.

Please email Elisa Dun (edun@jd16.law.harvard.edu) or Ameya Naik (ameya.naik87@gmail.com).

Please note the blog post prompt instructions and guidelines are now available in the above Google Doc link.