Friday, October 24, 2014
When constitutions and the state fail us: lessons from Ebola
In March 2014 the deadly Ebola epidemic that broke out in a remote forest region in Guinea spilled over into neighboring Liberia. By July, it had swept through Monrovia and many other counties infecting nearly 2000 and the death toll—which continues to rise as I write— has exceeded 1000. The country has come to a standstill. Senate elections which were due for October have been postponed until December. On the economic front, increasing border closures with Liberia is negatively affecting trade flows, especially food imports. The Government’s shut-down of vast areas of the country to curb the spread of the disease is driving down domestic food production. These measures are driving up prices for basic food commodities, in some cases by almost 150 percent according to an FAO alert. Read more
Thursday, May 29, 2014
Liberia’s constitutional review process: why it matters to women
Ibrahim Al-bakri Nyei
Compared to most of its contemporaries across Africa, Liberia, historically, has stood at the forefront of women’s political emancipation. In 1946 Liberian women gained suffrage to vote and participate in public elections, making it one of only six African countries, including Cameroon, South Africa, Senegal, Togo, and Djibouti to have granted women the franchise as far back as the mid-twentieth century. It placed women at the highest echelon of the peace negotiation process for their role in mediating the warring factions during the violent conflict; it was the first African country to elect a woman as President. Women have also held key positions in government ranging from heading key ministries like the Justice Ministry to heading the Constitutional Review Commission (CRC). Read More
Compared to most of its contemporaries across Africa, Liberia, historically, has stood at the forefront of women’s political emancipation. In 1946 Liberian women gained suffrage to vote and participate in public elections, making it one of only six African countries, including Cameroon, South Africa, Senegal, Togo, and Djibouti to have granted women the franchise as far back as the mid-twentieth century. It placed women at the highest echelon of the peace negotiation process for their role in mediating the warring factions during the violent conflict; it was the first African country to elect a woman as President. Women have also held key positions in government ranging from heading key ministries like the Justice Ministry to heading the Constitutional Review Commission (CRC). Read More
Friday, May 9, 2014
Constitutional Reform in Postwar Liberia – Key issues and actors
Ibrahim Al-bakri Nyei
Liberia’s return to constitutional democracy in 2006 presented opportunities for a new beginning after years of political and violent crises during which over 250,000 persons were killed. The new government, inaugurated in 2006, initiated programs of reforms in almost all sectors including right-sizing and strengthening the civil service, rationalizing and capacitating public institutions, reorganizing the security institutions, and transforming the economy among others. Ten years after the return to peace, constitutional reform has emerged as the key reform program. What is driving the review process? How is this likely to strengthen Liberia’s constitutional democracy? Read More
Liberia’s return to constitutional democracy in 2006 presented opportunities for a new beginning after years of political and violent crises during which over 250,000 persons were killed. The new government, inaugurated in 2006, initiated programs of reforms in almost all sectors including right-sizing and strengthening the civil service, rationalizing and capacitating public institutions, reorganizing the security institutions, and transforming the economy among others. Ten years after the return to peace, constitutional reform has emerged as the key reform program. What is driving the review process? How is this likely to strengthen Liberia’s constitutional democracy? Read More
Toward Security Sector Decentralization: Liberia's County Security Councils and Regional Hubs
Ibrahim Al-bakri Nyei
This Article was originally published SSR Resource Center blog at http://www.ssrresourcecentre.org/2014/03/28/toward-security-sector-decentralization-liberias-county-security-councils-and-regional-hubs/
Liberia’s political centralization has only resulted in limited access to basic services in most parts of the country, including justice and security. However, recent efforts at security sector reform in Liberia have entailed a process of decentralizing the national security architecture, involving the establishment of local security councils and regional hubs. This piece provides an overview on security governance in Liberia, and how local councils and hubs are contributing to decentralization in the security sector.
The concept of security sector governance broadly refers to the governance arrangements in which the country’s security sector is organized, administered, and under which personnel operate. In Liberia, the security sector is the collection of the Ministry of National Defense, the Ministry of National Security, and the Ministry of Justice, and their associated agencies.
Part of the problem in Liberia’s security sector governance lie in the fact that national laws provide for a centralized security governance regime, in which the overconcentration of power at the presidency results in imperial and personalized control over the security agencies. In such a centralized control system, security agencies are used to promote the personal agenda of the president or sitting regime. This pattern of authority relations in the state and army can be described as ‘patrimonial,’ in which networks of patrons and clients dominate the security agencies. Since the end of Liberia’s civil war, not much has been done to reduce such presidential control over military and paramilitary security agencies in the country.
As it stands, overall policy coordination of the security sector in Liberia lies with the National Security Council, headed by the President of Liberia. This council is comprised of key ministries with security and internal political functions like the Ministries of Justice, Defense, and Internal Affairs. The Constitution of Liberia (1986) and subsequent legislation keep the President of Liberia at the center of those agencies, with the power to appoint and dismiss civilian official such as Ministers, Directors, and senior military and paramilitary officials and officers. While key internal security agencies like the Liberia National Police, Bureau of Immigration and Naturalization, and the National Bureau of Investigation function under the Ministry of Justice, it is still the President that appoints heads of those agencies and retains control over them.
A thorough process of decentralization has not yet taken place in Liberia’s governance reform since the return to civilian democratic rule in 2006. A National Policy on Decentralization and Local Governance has been adopted with the aim of devolving some political, fiscal, and administrative powers to local government units. However, decision-making authority and command structures of the security agencies will continue to be centralized in Monrovia.
This will have an impact on local coordination, since the heads of security and law enforcement agencies have no reporting relationships with local county officials. For instance, at a local level, the Joint Security comprises all of the security agencies in a county, including the Liberia National Police, Bureau of Immigration, National Security Agency, National Bureau of Investigation, and the Drug Enforcement Agency. These agencies report to the County Attorney, who serves as Chair of the Joint Security but is appointed by the Ministry of Justice.
But some modest steps towards decentralization are taking place – the most important being the establishment of local branches of central agencies that are limited to administrative or implementing powers, rather than powers to make decisions or even to run autonomous operational budgets. Two of those ‘shadow’ decentralization efforts include the establishment of County Security Councils and the construction of security and justice hubs in the regions.
The County Security Council (CSC) is the local county version of the National Security Council, which has responsibility for overall policy coordination of national security. Chaired by the Superintendent in each county, the CSC is composed of the county heads of the Police, Immigration, the National Security Agency, and the Liberia National Fire Services, as well as other civilian authorities including the paramount, clan, and town chiefs. Unlike the Joint Security, this council reports to the Minister of Internal Affairs who also sits on the National Security Council.
The creation of a CSC in each county is a guiding principle of Liberia’s postwar national security objectives. The local councils are part of the national peace-building efforts to ensure security and peace coordination at the levels of the counties and the districts. The CSC is coordinated through a multifaceted platform with government, civil society, and other local stakeholders acting together, and they are not only responsible for physical security but also act as a mechanism for disaster and crisis management. Through the CSC, civilian players can participate in decision making processes in the security sector. This facilitate a process in which national security policies are informed by both physical security issues and more human-related ones, from socio-economic to disaster management.[1]
Since the launch of the County Security Mechanism in December 2009, only five CSCs have been launched to date in Montserrado, Nimba, Lofa, Grand Gedeh, and River Gee Counties. All of them are gravely constrained by challenges in financial resources, technical capacity and human resources, which have made it difficult to expand into the remaining ten counties.[2]
In 2013, the Government of Liberia also launched a Regional Justice and Security Hub in north central Liberia (Gbarnga), which brings together multiple law enforcement or criminal justice actors in a single location. There are plans to launch additional four hubs in other regions. These centres represent a decentralization of the operational functions of Liberia national security and justice institutions. As justice and security institutions are scarce in rural Liberia, the hubs represent an opportunity for local county residents to access justice and security services. The main objectives of the hubs are infrastructural and logistical support to justice and security institutions, strengthening capacity of personnel, and ensuring a responsive justice and security sector. When fully operational, local county units of security agencies will therefore have additional supports closer to them for reinforcement, logistics, and advice.
The Gbarnga Hub, the only one operational so far, is intended to serve Bong (the host), Nimba, and Lofa Counties. It brings the court, immigration, police and correction and prosecution services in one location, thereby speeding up criminal justice proceedings. While a good model for criminal justice cooperation, it in no way interferes with the separation of power and the system of check and balances between the three branches of government. Each agency functions under its own statutory mandate.
The CSC and regional hubs represent a good model for decentralization of the security sector in the post-United Nations Mission (UNMIL) era in Liberia. Yet more needs to be done in the areas of law and institutional reforms to ensure that governance of the security sector is democratic and under civilian control. The opportunity for this lies in the ongoing constitutional review process, which needs to consider the issue of reducing the powers of the president in appointing key security officials. Civilian oversight boards can do better in overseeing these institutions and ensuring their heads are democratically accountable.
Finally, the challenges of security sector governance in Liberia have been linked to issues of capacity particularly in trained personnel and limited financial resources. For programs like the CSCs and the hubs to be sustained will require full ownership and financial support from the Government of Liberia as the withdrawal of donor funding in the medium or long term might gravely impact their functioning.
This Article was originally published SSR Resource Center blog at http://www.ssrresourcecentre.org/2014/03/28/toward-security-sector-decentralization-liberias-county-security-councils-and-regional-hubs/
The concept of security sector governance broadly refers to the governance arrangements in which the country’s security sector is organized, administered, and under which personnel operate. In Liberia, the security sector is the collection of the Ministry of National Defense, the Ministry of National Security, and the Ministry of Justice, and their associated agencies.
Part of the problem in Liberia’s security sector governance lie in the fact that national laws provide for a centralized security governance regime, in which the overconcentration of power at the presidency results in imperial and personalized control over the security agencies. In such a centralized control system, security agencies are used to promote the personal agenda of the president or sitting regime. This pattern of authority relations in the state and army can be described as ‘patrimonial,’ in which networks of patrons and clients dominate the security agencies. Since the end of Liberia’s civil war, not much has been done to reduce such presidential control over military and paramilitary security agencies in the country.
As it stands, overall policy coordination of the security sector in Liberia lies with the National Security Council, headed by the President of Liberia. This council is comprised of key ministries with security and internal political functions like the Ministries of Justice, Defense, and Internal Affairs. The Constitution of Liberia (1986) and subsequent legislation keep the President of Liberia at the center of those agencies, with the power to appoint and dismiss civilian official such as Ministers, Directors, and senior military and paramilitary officials and officers. While key internal security agencies like the Liberia National Police, Bureau of Immigration and Naturalization, and the National Bureau of Investigation function under the Ministry of Justice, it is still the President that appoints heads of those agencies and retains control over them.
A thorough process of decentralization has not yet taken place in Liberia’s governance reform since the return to civilian democratic rule in 2006. A National Policy on Decentralization and Local Governance has been adopted with the aim of devolving some political, fiscal, and administrative powers to local government units. However, decision-making authority and command structures of the security agencies will continue to be centralized in Monrovia.
This will have an impact on local coordination, since the heads of security and law enforcement agencies have no reporting relationships with local county officials. For instance, at a local level, the Joint Security comprises all of the security agencies in a county, including the Liberia National Police, Bureau of Immigration, National Security Agency, National Bureau of Investigation, and the Drug Enforcement Agency. These agencies report to the County Attorney, who serves as Chair of the Joint Security but is appointed by the Ministry of Justice.
But some modest steps towards decentralization are taking place – the most important being the establishment of local branches of central agencies that are limited to administrative or implementing powers, rather than powers to make decisions or even to run autonomous operational budgets. Two of those ‘shadow’ decentralization efforts include the establishment of County Security Councils and the construction of security and justice hubs in the regions.
The County Security Council (CSC) is the local county version of the National Security Council, which has responsibility for overall policy coordination of national security. Chaired by the Superintendent in each county, the CSC is composed of the county heads of the Police, Immigration, the National Security Agency, and the Liberia National Fire Services, as well as other civilian authorities including the paramount, clan, and town chiefs. Unlike the Joint Security, this council reports to the Minister of Internal Affairs who also sits on the National Security Council.
The creation of a CSC in each county is a guiding principle of Liberia’s postwar national security objectives. The local councils are part of the national peace-building efforts to ensure security and peace coordination at the levels of the counties and the districts. The CSC is coordinated through a multifaceted platform with government, civil society, and other local stakeholders acting together, and they are not only responsible for physical security but also act as a mechanism for disaster and crisis management. Through the CSC, civilian players can participate in decision making processes in the security sector. This facilitate a process in which national security policies are informed by both physical security issues and more human-related ones, from socio-economic to disaster management.[1]
Since the launch of the County Security Mechanism in December 2009, only five CSCs have been launched to date in Montserrado, Nimba, Lofa, Grand Gedeh, and River Gee Counties. All of them are gravely constrained by challenges in financial resources, technical capacity and human resources, which have made it difficult to expand into the remaining ten counties.[2]
In 2013, the Government of Liberia also launched a Regional Justice and Security Hub in north central Liberia (Gbarnga), which brings together multiple law enforcement or criminal justice actors in a single location. There are plans to launch additional four hubs in other regions. These centres represent a decentralization of the operational functions of Liberia national security and justice institutions. As justice and security institutions are scarce in rural Liberia, the hubs represent an opportunity for local county residents to access justice and security services. The main objectives of the hubs are infrastructural and logistical support to justice and security institutions, strengthening capacity of personnel, and ensuring a responsive justice and security sector. When fully operational, local county units of security agencies will therefore have additional supports closer to them for reinforcement, logistics, and advice.
The Gbarnga Hub, the only one operational so far, is intended to serve Bong (the host), Nimba, and Lofa Counties. It brings the court, immigration, police and correction and prosecution services in one location, thereby speeding up criminal justice proceedings. While a good model for criminal justice cooperation, it in no way interferes with the separation of power and the system of check and balances between the three branches of government. Each agency functions under its own statutory mandate.
The CSC and regional hubs represent a good model for decentralization of the security sector in the post-United Nations Mission (UNMIL) era in Liberia. Yet more needs to be done in the areas of law and institutional reforms to ensure that governance of the security sector is democratic and under civilian control. The opportunity for this lies in the ongoing constitutional review process, which needs to consider the issue of reducing the powers of the president in appointing key security officials. Civilian oversight boards can do better in overseeing these institutions and ensuring their heads are democratically accountable.
Finally, the challenges of security sector governance in Liberia have been linked to issues of capacity particularly in trained personnel and limited financial resources. For programs like the CSCs and the hubs to be sustained will require full ownership and financial support from the Government of Liberia as the withdrawal of donor funding in the medium or long term might gravely impact their functioning.
Friday, April 11, 2014
Corruption is Dangerous than Ebola!
Ibrahim Al-bakri Nyei
Over the last few weeks, our dear nation, Liberia, has been attacked by the deadly Ebola virus. From all indications, we lack the capacity to counter the virus in a rapid and effective way. This is evidenced by the fact that we have not been able to mobilize $1.2 million USD as an emergency fund to fight the outbreak; we have sought international assistance to setup a laboratory; we have emigrated blood samples of our fellow countrymen/women who have been suspected of carrying the virus. The lack of a rapid response and our inability to contain the virus speak of the inefficiency of our national institutions. They are all obvious consequences of massive corruption and bad governance over the years. Millions of dollars are squandered annually through cloudy procurement processes, multinational transactions, bribery at the highest pillar of national lawmaking and the financing of public relations to create impressions abroad.
We could have been well-off and capable to respond to Ebola and other diseases had we mobilized strongly against corruption over the years as we have mobilized against Ebola over the last two weeks. Our lawmakers declared Ebola an emergency, but have failed to act on audit reports, and have failed to empower the Anti-Corruption Commission with full prosecutorial powers. Had we mobilize over the years we would have been able to save enough for emergencies like, or even more than, the Ebola virus. Had we institute democratic governance and reduce imperial central authority, we would have been able by now, to set up effective health systems across the country with capacities for rapid response and prevention.
My argument here is that our main problem is not an outbreak of a virus; it is the perennial existence of a virus that threw us into a vortex of civil war; a virus that continues to stagnate our people in poverty, social injustices, and undermine our sovereignty. That virus is corruption and it is dangerous than Ebola! I do not argue here that the absence of corruption means the absence of viruses like Ebola, but I am convinced that the absence of corruption will enable us to build strong national institutions capable of serving our people, maintaining our pride as a sovereign and independent state, and defeating Ebola and its accomplices.
The existence of this virus (corruption) at the core of public leadership in Liberia have clouded the minds of the citizenry and made them to doubt threatening situations. Ebola is deadly and it has invaded our country, but some of our people assume it is a conspiracy theory designed by some officials to raise and siphon money. While their argument is false, it is however informed by their harsh experiences. They frequently make reference to the case of the army worms that attacked Liberia in 2009 during which money was raised and reportedly stolen by authorities leading the fight against the worms. An audit report indicted some officials, but was never followed-up to a legal conclusion. An activist-journalist used the report as a source of news and analyses. He was dragged to court for libel. Consequently, he was imprisoned and his newspaper temporarily closed. That case taught progressive activists that instead of the authorities in Liberia defeating corruption, they used the institutions of the state to defeat a journalist and cow all other activists into silence and submission. We have a fight, and it gets tougher by the day. We need to defeat corruption if we are to defeat other viruses, because it is the mean virus eating us up. While Ebola kills a patient, corruption kills a nation, deprives generations and weakens the state. We therefore need to institute and enforce a system of good governance capable of delivering services in transparent and accountable ways to our people across the country. In this way we will be prepared enough to contain outbreak of diseases, sea erosions, and other natural disasters.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Guinea Bissau
April 11, 2014
Over the last few weeks, our dear nation, Liberia, has been attacked by the deadly Ebola virus. From all indications, we lack the capacity to counter the virus in a rapid and effective way. This is evidenced by the fact that we have not been able to mobilize $1.2 million USD as an emergency fund to fight the outbreak; we have sought international assistance to setup a laboratory; we have emigrated blood samples of our fellow countrymen/women who have been suspected of carrying the virus. The lack of a rapid response and our inability to contain the virus speak of the inefficiency of our national institutions. They are all obvious consequences of massive corruption and bad governance over the years. Millions of dollars are squandered annually through cloudy procurement processes, multinational transactions, bribery at the highest pillar of national lawmaking and the financing of public relations to create impressions abroad.
We could have been well-off and capable to respond to Ebola and other diseases had we mobilized strongly against corruption over the years as we have mobilized against Ebola over the last two weeks. Our lawmakers declared Ebola an emergency, but have failed to act on audit reports, and have failed to empower the Anti-Corruption Commission with full prosecutorial powers. Had we mobilize over the years we would have been able to save enough for emergencies like, or even more than, the Ebola virus. Had we institute democratic governance and reduce imperial central authority, we would have been able by now, to set up effective health systems across the country with capacities for rapid response and prevention.
My argument here is that our main problem is not an outbreak of a virus; it is the perennial existence of a virus that threw us into a vortex of civil war; a virus that continues to stagnate our people in poverty, social injustices, and undermine our sovereignty. That virus is corruption and it is dangerous than Ebola! I do not argue here that the absence of corruption means the absence of viruses like Ebola, but I am convinced that the absence of corruption will enable us to build strong national institutions capable of serving our people, maintaining our pride as a sovereign and independent state, and defeating Ebola and its accomplices.
The existence of this virus (corruption) at the core of public leadership in Liberia have clouded the minds of the citizenry and made them to doubt threatening situations. Ebola is deadly and it has invaded our country, but some of our people assume it is a conspiracy theory designed by some officials to raise and siphon money. While their argument is false, it is however informed by their harsh experiences. They frequently make reference to the case of the army worms that attacked Liberia in 2009 during which money was raised and reportedly stolen by authorities leading the fight against the worms. An audit report indicted some officials, but was never followed-up to a legal conclusion. An activist-journalist used the report as a source of news and analyses. He was dragged to court for libel. Consequently, he was imprisoned and his newspaper temporarily closed. That case taught progressive activists that instead of the authorities in Liberia defeating corruption, they used the institutions of the state to defeat a journalist and cow all other activists into silence and submission. We have a fight, and it gets tougher by the day. We need to defeat corruption if we are to defeat other viruses, because it is the mean virus eating us up. While Ebola kills a patient, corruption kills a nation, deprives generations and weakens the state. We therefore need to institute and enforce a system of good governance capable of delivering services in transparent and accountable ways to our people across the country. In this way we will be prepared enough to contain outbreak of diseases, sea erosions, and other natural disasters.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Guinea Bissau
April 11, 2014
Monday, January 20, 2014
Memo to the Legislature: Redistribute Power, Not Money
Ibrahim Al-bakri Nyei
This piece is an initial contribution to the ongoing national discourse on the proposed 73 million dubbed as the Direct District Impact fund. According to the proposal now discussed in the Legislature, this amount will be set aside annually in the national budget for the 73 electoral districts. While the intention to have districts experience impacts of development is laudable, the mechanism of such transfer, the governance arrangement under which such development impact will be made possible, need to precede the disbursement of the fund. This is why progressive forces must critically assess this proposal and tease out workable policy options through debates before it is carried forward.
In revealing the plan the Speaker of the House of representative is quoted by FrontPageAfrica as saying “when one imagines that Gboe-pole Administrative District in lower Grand Gedeh County has never experienced a motor road, makes this proposal belated, but this is one of the ways or means we believe that the much needed development can reach and impact our people in rural Liberia.”
What the speaker and his colleagues need to know is that a place like the Gboe-pole Administrative District and many other places that symbolize chronic poverty and underdevelopment in Liberia are not so because of shortage of money. Liberia has never had a shortage of money or the resources needed to generate more money. What Liberia has lacked is progressive leadership. If one argues that we have had some form of leadership, then the current state of underdevelopment and deprivation in places like Gboe-pole and Bomi County, the home of Speaker Tyler and me, are consequences of tragic failure of said leadership. Speaker Tyler and colleagues must devise a strategy to serve the people good leadership from which his sample Gboe-pole and others will have sustainable development.
The solution again is not money. Mwalimu Nyerere and others wrote in the Arusha Declaration of 1967 that it is not money that develops a nation, it is the people. People must be led, educated, healthy and mobilized for local self-governance through which all other forms of development can be possible. Learning from people’s power as the source of development as evidenced from history renders the ‘money-brings-development’ theory faulty.
The next fault with the proposal is that the proposed amount is to fund projects in electoral districts (1 million per district), not statutory and administrative districts. This clearly validates popular assumptions that lawmakers are finding ways of increasing electoral chances in the future, because by allotting money to electoral districts that have no leadership structures, but representatives, makes the said representative the public face of the so-called development impact. This obviously increases the electoral chances of the incumbent lawmaker. This, is in my view is an electoral strategy carved by the current incumbents, which progressive forces must mobilize against by advocating alternative options for local development in Liberia.
The experiences with the problems of limited social impact, improper accounting and corrupt procurement practices in the implementation of the extant County Development Fund speak to the fact that dishing out money to sub-national units of government without adequate and rationalized governance arrangements cannot yield the intended outcome of social development. Therefore, the solution to Liberia’s development challenges begins with empowering the people for local self-governance. This means redistributing power between the overly centralized government and local governments in counties, districts and cities. With the creation of local government structures and the empowerment of local people and their local authorities with political fiscal and administrative powers, one can imagine how local development programs will be accelerated since government will be closer to the people. The fact that the underdevelopment and poverty of most of Liberia became a reality to the Speaker only after a single trip highlights the need for government to be closer to the people before it can appreciate the concerns and needs of the people.
Let me turn to other factors that bring development. Again, it is not money that brings development! It is the ‘space and structure’ given to people in a given society that bring development. Speaking about ‘space’ here, I mean the opportunity for the people to participate in political and economic decision-making processes through local representatives or directly. By structure, I mean rules and institutions created to foster the aspirations of the people in fair, equitable and transparent manners. One cannot understate the fact that the Liberian people have been deprived functional rules in the discourse of daily life activities. Theft of public resources, unethical and indiscipline attitudes in public places undermine the people’s aspirations for better lives. In short, there is a deficit of public integrity, not money, and because institutions are weak, the rules are not been enforced; therefore, money as abundant as it may be, has been stolen, abused or wasted with impunity. The proposed 73 million will as well be stolen, abused or wasted in the absence of functional rules and institutions at both national and local levels.
Finally, I make a case here for the legislature to consider three things that are indispensable to the advancement of any society: disciplined and active people, enforceable rules, and functional institutions. Development is a function of the three, and money is only a facilitator. It is therefore imperative for members of the Legislature to consider a governance arrangement that empowers the people with power for local self-governance, and support law enforcement through the strengthening of national and local institutions. With strong national institutions and enforceable laws, a 1 dollar can make meaningful impacts than a 73 million in an environment with dysfunctional institutions and weak laws. In short, the Legislature must support local development by making laws that redistribute power through decentralization and not laws that only share money! Sharing money among 73 electoral districts will facilitate decentralization of corruption and waste of public resources to the advantage of election-freak politicians.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
This piece is an initial contribution to the ongoing national discourse on the proposed 73 million dubbed as the Direct District Impact fund. According to the proposal now discussed in the Legislature, this amount will be set aside annually in the national budget for the 73 electoral districts. While the intention to have districts experience impacts of development is laudable, the mechanism of such transfer, the governance arrangement under which such development impact will be made possible, need to precede the disbursement of the fund. This is why progressive forces must critically assess this proposal and tease out workable policy options through debates before it is carried forward.
In revealing the plan the Speaker of the House of representative is quoted by FrontPageAfrica as saying “when one imagines that Gboe-pole Administrative District in lower Grand Gedeh County has never experienced a motor road, makes this proposal belated, but this is one of the ways or means we believe that the much needed development can reach and impact our people in rural Liberia.”
What the speaker and his colleagues need to know is that a place like the Gboe-pole Administrative District and many other places that symbolize chronic poverty and underdevelopment in Liberia are not so because of shortage of money. Liberia has never had a shortage of money or the resources needed to generate more money. What Liberia has lacked is progressive leadership. If one argues that we have had some form of leadership, then the current state of underdevelopment and deprivation in places like Gboe-pole and Bomi County, the home of Speaker Tyler and me, are consequences of tragic failure of said leadership. Speaker Tyler and colleagues must devise a strategy to serve the people good leadership from which his sample Gboe-pole and others will have sustainable development.
The solution again is not money. Mwalimu Nyerere and others wrote in the Arusha Declaration of 1967 that it is not money that develops a nation, it is the people. People must be led, educated, healthy and mobilized for local self-governance through which all other forms of development can be possible. Learning from people’s power as the source of development as evidenced from history renders the ‘money-brings-development’ theory faulty.
The next fault with the proposal is that the proposed amount is to fund projects in electoral districts (1 million per district), not statutory and administrative districts. This clearly validates popular assumptions that lawmakers are finding ways of increasing electoral chances in the future, because by allotting money to electoral districts that have no leadership structures, but representatives, makes the said representative the public face of the so-called development impact. This obviously increases the electoral chances of the incumbent lawmaker. This, is in my view is an electoral strategy carved by the current incumbents, which progressive forces must mobilize against by advocating alternative options for local development in Liberia.
The experiences with the problems of limited social impact, improper accounting and corrupt procurement practices in the implementation of the extant County Development Fund speak to the fact that dishing out money to sub-national units of government without adequate and rationalized governance arrangements cannot yield the intended outcome of social development. Therefore, the solution to Liberia’s development challenges begins with empowering the people for local self-governance. This means redistributing power between the overly centralized government and local governments in counties, districts and cities. With the creation of local government structures and the empowerment of local people and their local authorities with political fiscal and administrative powers, one can imagine how local development programs will be accelerated since government will be closer to the people. The fact that the underdevelopment and poverty of most of Liberia became a reality to the Speaker only after a single trip highlights the need for government to be closer to the people before it can appreciate the concerns and needs of the people.
Let me turn to other factors that bring development. Again, it is not money that brings development! It is the ‘space and structure’ given to people in a given society that bring development. Speaking about ‘space’ here, I mean the opportunity for the people to participate in political and economic decision-making processes through local representatives or directly. By structure, I mean rules and institutions created to foster the aspirations of the people in fair, equitable and transparent manners. One cannot understate the fact that the Liberian people have been deprived functional rules in the discourse of daily life activities. Theft of public resources, unethical and indiscipline attitudes in public places undermine the people’s aspirations for better lives. In short, there is a deficit of public integrity, not money, and because institutions are weak, the rules are not been enforced; therefore, money as abundant as it may be, has been stolen, abused or wasted with impunity. The proposed 73 million will as well be stolen, abused or wasted in the absence of functional rules and institutions at both national and local levels.
Finally, I make a case here for the legislature to consider three things that are indispensable to the advancement of any society: disciplined and active people, enforceable rules, and functional institutions. Development is a function of the three, and money is only a facilitator. It is therefore imperative for members of the Legislature to consider a governance arrangement that empowers the people with power for local self-governance, and support law enforcement through the strengthening of national and local institutions. With strong national institutions and enforceable laws, a 1 dollar can make meaningful impacts than a 73 million in an environment with dysfunctional institutions and weak laws. In short, the Legislature must support local development by making laws that redistribute power through decentralization and not laws that only share money! Sharing money among 73 electoral districts will facilitate decentralization of corruption and waste of public resources to the advantage of election-freak politicians.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Tuesday, December 3, 2013
Mali on the Edge: Transitioning one step at a time
Ibrahim Al-bakri Nyei
My first engagement with the Malian crisis was in 2012, when I was in Western Europe and back then, I commented on the role of ECOWAS in the crisis. Recently in July 2013, sitting in Liberia, I published an opinion piece on the role of my own country (Liberia) as a troop contributor to the UN Mission in Mali. Fortunately, this time, I am writing from Bamako, Mali, experiencing the transition first-hand as a member of ECOWAS Election Observer Mission to the Legislative Election. It is this experience and my impression with the entire transition that I discuss in this piece as an activist following political and security developments in Mali.
The Malian state is at a critical stage of transition as it tries to reestablish its authority as the sole user of violence in its national territories. Tuareg insurgency has kept the country unstable and led the state to near collapse. Thanks to regional efforts led by the Economic Community of West Africa States (ECOWAS) for joining in arms with the government and other international actors to defeat and weaken terrorist elements. The Malian State itself, since the military advancement of the Tuareg separatists and the infiltration of terrorists, has lost much of its legitimacy and become a shadow of its former self. The transition that began with the formation of an interim government to replace the juntas has been well on course and it is probably one of the fastest state reformation projects that have happened so rapidly in less than two years. This intervention facilitated the rapid defeat of terrorist groups and the recovery of territories through military means, and the holding of democratic elections for the reestablishment of state institutions under the constitution. This recovery would not have worked out so fast and progressively had the most immediate regional organization, ECOWAS, not mobilized and cooperatively supported the Malian people. This speaks to the fact that when local knowledge and benefits from proximity are fully exploited, intra-regional diplomacy and cooperation can work as good, and even more productively than superpower diplomacy imposed upon third world countries.
The state of Mali would have disintegrated completely had separatists and terrorists remained in control of the Northern areas. The intervention that constrained the military juntas in Bamako through isolation and sanctions, and the subsequent signing of an accord in Ouagadougou, set the country on the road of moving forward with huge possibilities. An interim government replaced the military juntas and paved the way for the return to civilian democratic rule setting the stage for sustained international engagement with the people of Mali to aid them in their process of recovery. This engagement led by ECOWAS saw the holding of a presidential election in August (2013) and this brought to the leadership of the country a mixed class of technocrats and politicians capable of leading the people through a process of reconciliation and national renewal.
The presidential elections rejuvenated the people and strengthened their courage and confidence in the rebirth of their country. It is this confidence that was taken to the legislative elections held in three months later (November). The success of the legislative elections has reinforced the fact that the state and Malian society are resilient. While isolated cases of pocket attacks and low-scale bombings took place in some Northern areas, the Malian people courageously came out to vote to elect a new Legislature as part of the transition. The third phase of the democratic transition will be the local government elections. What is impressive of the legislative election is that a new breed of politicians, mostly young people, were on parties and coalitions’ list as candidates. Women have not been left out. The participation of women in the process, particularly in the voting was clearly visible and this speaks of an emerging era of active civic participation of women in Mali. This is a remarkable development in West Africa, as evidence in the region speaks to the growing participation of women in political leadership and civic affairs.
The international community and the Malian people must be alerted to the fact that transition processes do not end with elections, and in some cases quick-fixed electoral processes could exacerbate crisis situations. The Malian people, led by the new government will have to chart out a cohesive course for sustainable peace and democracy. The most critical thing to do now is to engage the people in a national dialogue on reconciliation and the way forward to a peaceful society.
The process of reconciliation is an immediate priority, probably even more critical than electoral politics, which is often characterized by fierce exchanges. At this stage, international efforts on Mali will want to pay more attention to supporting not just the Malian government, but also the Malian people in cultivating and maximizing local traditional processes of reconciliation and governance, particularly in the North. Reconciliation is of course a difficult process, particularly when the grievances, like those of the Tuaregs, have historical and traditional roots. Nevertheless, a structural reform of government and governance arrangements in Mali could encourage disgruntled elements to disarm, and submit to the national dialogue. This means decentralizing political and economic powers in Mali and allowing for semi-autonomous governance system will go a long way in addressing the grievances of movements with separatist agendas, like the National Movement for the Liberation of Azawad (NMLA). Mali is a very big country, and the alienation of Northerners has been due to the inability of the central government to deliver basic services. Many, if not all of the African countries are gravely affected by the overly centralization of power. Decentralized arrangements in which local decision-making and service delivery authorities are vested in self-governing institutions closer to the people are the most appropriate ways of ensuring equity in service delivery and democratic development. Addressing the longstanding grievances and territorial claims of the Tuaregs could be done through constitutional and legal reform processes that allow for the creation of semi-autonomous local or provincial governments in Mali. Therefore, the national dialogue on reconciliation must strongly consider issues of decentralization and local self-governance as part of the national debates.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
My first engagement with the Malian crisis was in 2012, when I was in Western Europe and back then, I commented on the role of ECOWAS in the crisis. Recently in July 2013, sitting in Liberia, I published an opinion piece on the role of my own country (Liberia) as a troop contributor to the UN Mission in Mali. Fortunately, this time, I am writing from Bamako, Mali, experiencing the transition first-hand as a member of ECOWAS Election Observer Mission to the Legislative Election. It is this experience and my impression with the entire transition that I discuss in this piece as an activist following political and security developments in Mali.
The Malian state is at a critical stage of transition as it tries to reestablish its authority as the sole user of violence in its national territories. Tuareg insurgency has kept the country unstable and led the state to near collapse. Thanks to regional efforts led by the Economic Community of West Africa States (ECOWAS) for joining in arms with the government and other international actors to defeat and weaken terrorist elements. The Malian State itself, since the military advancement of the Tuareg separatists and the infiltration of terrorists, has lost much of its legitimacy and become a shadow of its former self. The transition that began with the formation of an interim government to replace the juntas has been well on course and it is probably one of the fastest state reformation projects that have happened so rapidly in less than two years. This intervention facilitated the rapid defeat of terrorist groups and the recovery of territories through military means, and the holding of democratic elections for the reestablishment of state institutions under the constitution. This recovery would not have worked out so fast and progressively had the most immediate regional organization, ECOWAS, not mobilized and cooperatively supported the Malian people. This speaks to the fact that when local knowledge and benefits from proximity are fully exploited, intra-regional diplomacy and cooperation can work as good, and even more productively than superpower diplomacy imposed upon third world countries.
The state of Mali would have disintegrated completely had separatists and terrorists remained in control of the Northern areas. The intervention that constrained the military juntas in Bamako through isolation and sanctions, and the subsequent signing of an accord in Ouagadougou, set the country on the road of moving forward with huge possibilities. An interim government replaced the military juntas and paved the way for the return to civilian democratic rule setting the stage for sustained international engagement with the people of Mali to aid them in their process of recovery. This engagement led by ECOWAS saw the holding of a presidential election in August (2013) and this brought to the leadership of the country a mixed class of technocrats and politicians capable of leading the people through a process of reconciliation and national renewal.
The presidential elections rejuvenated the people and strengthened their courage and confidence in the rebirth of their country. It is this confidence that was taken to the legislative elections held in three months later (November). The success of the legislative elections has reinforced the fact that the state and Malian society are resilient. While isolated cases of pocket attacks and low-scale bombings took place in some Northern areas, the Malian people courageously came out to vote to elect a new Legislature as part of the transition. The third phase of the democratic transition will be the local government elections. What is impressive of the legislative election is that a new breed of politicians, mostly young people, were on parties and coalitions’ list as candidates. Women have not been left out. The participation of women in the process, particularly in the voting was clearly visible and this speaks of an emerging era of active civic participation of women in Mali. This is a remarkable development in West Africa, as evidence in the region speaks to the growing participation of women in political leadership and civic affairs.
The international community and the Malian people must be alerted to the fact that transition processes do not end with elections, and in some cases quick-fixed electoral processes could exacerbate crisis situations. The Malian people, led by the new government will have to chart out a cohesive course for sustainable peace and democracy. The most critical thing to do now is to engage the people in a national dialogue on reconciliation and the way forward to a peaceful society.
The process of reconciliation is an immediate priority, probably even more critical than electoral politics, which is often characterized by fierce exchanges. At this stage, international efforts on Mali will want to pay more attention to supporting not just the Malian government, but also the Malian people in cultivating and maximizing local traditional processes of reconciliation and governance, particularly in the North. Reconciliation is of course a difficult process, particularly when the grievances, like those of the Tuaregs, have historical and traditional roots. Nevertheless, a structural reform of government and governance arrangements in Mali could encourage disgruntled elements to disarm, and submit to the national dialogue. This means decentralizing political and economic powers in Mali and allowing for semi-autonomous governance system will go a long way in addressing the grievances of movements with separatist agendas, like the National Movement for the Liberation of Azawad (NMLA). Mali is a very big country, and the alienation of Northerners has been due to the inability of the central government to deliver basic services. Many, if not all of the African countries are gravely affected by the overly centralization of power. Decentralized arrangements in which local decision-making and service delivery authorities are vested in self-governing institutions closer to the people are the most appropriate ways of ensuring equity in service delivery and democratic development. Addressing the longstanding grievances and territorial claims of the Tuaregs could be done through constitutional and legal reform processes that allow for the creation of semi-autonomous local or provincial governments in Mali. Therefore, the national dialogue on reconciliation must strongly consider issues of decentralization and local self-governance as part of the national debates.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Wednesday, August 28, 2013
Liberia’s Land Reform: Perspective on a Historic Opportunity and Potential Challenges
Liberia’s most recent profound policy on social and property rights is the Land Rights Policy promulgated in May 2013. In this edition of the series, I bring to you excerpts and reedited version of a speech I delivered at a one-day Multi-Stakeholder Dialogue on the Land Rights Policy held at the University of Liberia on July 30, 2013 by civil society organizations under the above topic, and with emphasis on local governments and land governance:
Fellow panelists, ladies and gentlemen. Let me first expressed my gratitude to the organizers for inviting me to this unique occasion. I believe that it is through these initiatives of dialogue and constructive engagements that we can collectively address our national social, economic and political challenges in well-coordinated and inclusive ways. I am particularly delighted that the focus of today’s forum is on land reforms and the new land rights policy.
The views expressed here are informed by my experiences as a student who has sought to understand the political and socio-economic dynamics of my country, and my role as an activist with a passion to act in ways that those dynamics are shifted in the interest of every Liberian. Finally, these views are greatly informed by my experiences as a policy practitioner who has been charged with professional responsibilities at the Governance Commission to investigate and make recommendations for the advancement of good governance practices in Liberia.
Land governance is a critical element that must complement governance arrangements in all sectors to have a vibrant economy and social stability. The results of poor governance in land and related issues, like resources have led to huge disparities in wealth and social status in many societies and consequently civil war or ethnic crisis.
Civil wars are mostly caused by some of the factors associated with land, like natural resource management, economic prosperity, and property ownership. While land issues do not feature prominently as part of the causes of the civil war in Liberia, opposing forces however exploited the civil war to settle scores associated with previous land disputes. This made the issue of land to come to the fore in the aftermath of the civil war. For example, in places like Nimba and Lofa Counties, land related crises that erupted during the civil war still prevail and having them resolved have become a major challenge to stability in those counties. Similar issues, but at lower scales are all over the country.
As public sector institutions and governance arrangements are reformed after civil war, so it is equally important to reform land laws, settle land disputes and rearrange the institutions of land governance and management so that they become responsive to addressing grievances associated with tenure security and ownership issues. Not only that, land reform is also critical after civil wars to reestablish inheritance rights, protect disadvantaged segments of the population and redistribute to empower agrarian communities. The above are equally applicable to the situation in Liberia. That is why we strongly believe that successful peace and economic development cannot take place in Liberia if the issues of land are not prioritized as major national issues with implications on social stability and economic development.
In 2006, the Governance Commission started a process of land reform which involved nation-wide consultations with citizens, local officials, and members of the civil society. The most profound outcome of those consultations was the respond to the popular consensus amongst the people that the issue of land be addressed holistically and through a special commission or agency. This was how the Governance Commission formulated and recommended the creation of what is today the Land Commission. Since its inception in 2009, the Land Commission has worked across this country engaging local citizens, officials and national stakeholders eliciting their views on land reforms and land governance matters.
Through these initiatives, we have today a comprehensive and well-articulated land policy called the Land Rights Policy. The question today is can the Land Rights Policy address all of our problems associated with land? That is do we have recourse through this policy for our various tribal claims, private and corporate claims, and also does the government retain its right to lease any portion of land for investment and what are the mediums through which disadvantaged people can seek redress related to land loss, forceful eviction, and so forth? It is my understanding that the Land Commission is working out policy and legal frameworks on issues pertaining to land rights, land use and management that will together answer some of the questions above.
In any case, the Land Rights Policy of May 2013 presents a remarkable opportunity for Liberians in all walks of life. The categorization of land rights in separate categories is novel to Liberia and for the first time make the government a landowner with specific rights like private citizens or groups. This novel categorization of all land in Liberia as either, Private, Customary, Government or Public, answers several questions. First it tells us the conditions under which a land is owned and the status of the owner or owners; second, it tells us the various rights we have as landowners; and finally it helps us all to know where and from whom to buy a piece of land.
The methodology of Land Reform in Liberia is also very impressive. Contrary to the methodology of radical, imposing and often contested reform programs in other countries, Liberia is using a human rights based and participatory approach in which the citizens are directing the program. The outcomes of such initiatives are usually generally acceptable and all-inclusive. This methodology and the broad-based participation the reforms are benefitting from are the first opportunities Liberia has for peaceful land reform programs once the policies get at the implementation stage.
A second opportunity that Liberia’s land reform program is to benefit from is the ongoing decentralization reform program. This reform is intended to decentralize political, fiscal, and administrative powers to local units of the state, such as the county, the district, and the chiefdom. The National Policy on Decentralization and Local Governance has already been promulgated by the Government, and a Local Government Act intended to give legal effect to the policy is been drafted. The Local Government Act provides for several local administrative departments, among which is a department on land, environment and natural resources.
Local governments are the most effective institutions for land governance. The position of a local government authority as the most proximate authority to local people and their problems make a local government the most reliable authority to deal with land conflicts, distribution and tenure security, provided that the local government itself has the legal mandate, administrative will, and resources needed for such interventions. The draft Local Government Act is drafted to give local governments the authority and resources to provide good governance and accelerate socio-economic development in counties, districts and other sub-national units. This law is in full compliance with the political principle of subsidiarity, which propounds that every matter must be handled by the lowest competent authority, and that the central authority must continue to play a subsidiary role. As land governance is mostly a local issue, particularly that of private land and customary land rights as provided for in the Land Rights Policy, the most competent local authority will be those provided for in the draft Local Government Act.
Governance reform in Liberia has not gone through without challenges. In fact, they are the most critical and challenging aspects of postwar nation building programs. It is the same with land reform. There are challenges associated with it, and if not handled properly, land reforms can sometimes trigger new rounds of crisis.
The challenges associated with land reform in Liberia are not exclusive of the challenges associated with reforms in the security sector, economic sector and public management. Like all other sectors, the institutions of land governance and management in Liberia are weak, ineffective and corrupt, and the legal frameworks are divisive, and very ambiguous. Remaking the land laws, and building institutions to enforce the land laws in the national interest is a huge task, and the Land Commission can tell you how challenging it has been for them to even to reach at a point of promulgating a land rights policy. A second challenge is the multiple ownership problems in Liberia, and the most difficult ones amongst them is the multiple tribal claims, or claims from two to three communities over a single area. This challenge is compounded further by the perennial conflicts associated with concession agreements, which the Liberian government enters into with multinational investors. From the signing of the Firestone Agreement in 1926 to the signing of the Sime Darby Agreement in 2009, communities have continued to protest and in some cases, like the Liberia Agricultural Company plantation extension program in 2007, communities have resorted to violence.
These are pressing issues that Land reform in Liberia must address and in a timely manner. If these communities cannot reclaim what they are laying claims to, land reform programs must then include reparations as part of addressing long-standing grievances associated with land loss in Liberia. Through such reparation programs communities can rebuild their lives, and have sustainable assess to livelihood and other needs previously served by their lands. Ladies and gentlemen, I thank you!
-In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry-
Fellow panelists, ladies and gentlemen. Let me first expressed my gratitude to the organizers for inviting me to this unique occasion. I believe that it is through these initiatives of dialogue and constructive engagements that we can collectively address our national social, economic and political challenges in well-coordinated and inclusive ways. I am particularly delighted that the focus of today’s forum is on land reforms and the new land rights policy.
The views expressed here are informed by my experiences as a student who has sought to understand the political and socio-economic dynamics of my country, and my role as an activist with a passion to act in ways that those dynamics are shifted in the interest of every Liberian. Finally, these views are greatly informed by my experiences as a policy practitioner who has been charged with professional responsibilities at the Governance Commission to investigate and make recommendations for the advancement of good governance practices in Liberia.
Land governance is a critical element that must complement governance arrangements in all sectors to have a vibrant economy and social stability. The results of poor governance in land and related issues, like resources have led to huge disparities in wealth and social status in many societies and consequently civil war or ethnic crisis.
Civil wars are mostly caused by some of the factors associated with land, like natural resource management, economic prosperity, and property ownership. While land issues do not feature prominently as part of the causes of the civil war in Liberia, opposing forces however exploited the civil war to settle scores associated with previous land disputes. This made the issue of land to come to the fore in the aftermath of the civil war. For example, in places like Nimba and Lofa Counties, land related crises that erupted during the civil war still prevail and having them resolved have become a major challenge to stability in those counties. Similar issues, but at lower scales are all over the country.
As public sector institutions and governance arrangements are reformed after civil war, so it is equally important to reform land laws, settle land disputes and rearrange the institutions of land governance and management so that they become responsive to addressing grievances associated with tenure security and ownership issues. Not only that, land reform is also critical after civil wars to reestablish inheritance rights, protect disadvantaged segments of the population and redistribute to empower agrarian communities. The above are equally applicable to the situation in Liberia. That is why we strongly believe that successful peace and economic development cannot take place in Liberia if the issues of land are not prioritized as major national issues with implications on social stability and economic development.
In 2006, the Governance Commission started a process of land reform which involved nation-wide consultations with citizens, local officials, and members of the civil society. The most profound outcome of those consultations was the respond to the popular consensus amongst the people that the issue of land be addressed holistically and through a special commission or agency. This was how the Governance Commission formulated and recommended the creation of what is today the Land Commission. Since its inception in 2009, the Land Commission has worked across this country engaging local citizens, officials and national stakeholders eliciting their views on land reforms and land governance matters.
Through these initiatives, we have today a comprehensive and well-articulated land policy called the Land Rights Policy. The question today is can the Land Rights Policy address all of our problems associated with land? That is do we have recourse through this policy for our various tribal claims, private and corporate claims, and also does the government retain its right to lease any portion of land for investment and what are the mediums through which disadvantaged people can seek redress related to land loss, forceful eviction, and so forth? It is my understanding that the Land Commission is working out policy and legal frameworks on issues pertaining to land rights, land use and management that will together answer some of the questions above.
In any case, the Land Rights Policy of May 2013 presents a remarkable opportunity for Liberians in all walks of life. The categorization of land rights in separate categories is novel to Liberia and for the first time make the government a landowner with specific rights like private citizens or groups. This novel categorization of all land in Liberia as either, Private, Customary, Government or Public, answers several questions. First it tells us the conditions under which a land is owned and the status of the owner or owners; second, it tells us the various rights we have as landowners; and finally it helps us all to know where and from whom to buy a piece of land.
The methodology of Land Reform in Liberia is also very impressive. Contrary to the methodology of radical, imposing and often contested reform programs in other countries, Liberia is using a human rights based and participatory approach in which the citizens are directing the program. The outcomes of such initiatives are usually generally acceptable and all-inclusive. This methodology and the broad-based participation the reforms are benefitting from are the first opportunities Liberia has for peaceful land reform programs once the policies get at the implementation stage.
A second opportunity that Liberia’s land reform program is to benefit from is the ongoing decentralization reform program. This reform is intended to decentralize political, fiscal, and administrative powers to local units of the state, such as the county, the district, and the chiefdom. The National Policy on Decentralization and Local Governance has already been promulgated by the Government, and a Local Government Act intended to give legal effect to the policy is been drafted. The Local Government Act provides for several local administrative departments, among which is a department on land, environment and natural resources.
Local governments are the most effective institutions for land governance. The position of a local government authority as the most proximate authority to local people and their problems make a local government the most reliable authority to deal with land conflicts, distribution and tenure security, provided that the local government itself has the legal mandate, administrative will, and resources needed for such interventions. The draft Local Government Act is drafted to give local governments the authority and resources to provide good governance and accelerate socio-economic development in counties, districts and other sub-national units. This law is in full compliance with the political principle of subsidiarity, which propounds that every matter must be handled by the lowest competent authority, and that the central authority must continue to play a subsidiary role. As land governance is mostly a local issue, particularly that of private land and customary land rights as provided for in the Land Rights Policy, the most competent local authority will be those provided for in the draft Local Government Act.
Governance reform in Liberia has not gone through without challenges. In fact, they are the most critical and challenging aspects of postwar nation building programs. It is the same with land reform. There are challenges associated with it, and if not handled properly, land reforms can sometimes trigger new rounds of crisis.
The challenges associated with land reform in Liberia are not exclusive of the challenges associated with reforms in the security sector, economic sector and public management. Like all other sectors, the institutions of land governance and management in Liberia are weak, ineffective and corrupt, and the legal frameworks are divisive, and very ambiguous. Remaking the land laws, and building institutions to enforce the land laws in the national interest is a huge task, and the Land Commission can tell you how challenging it has been for them to even to reach at a point of promulgating a land rights policy. A second challenge is the multiple ownership problems in Liberia, and the most difficult ones amongst them is the multiple tribal claims, or claims from two to three communities over a single area. This challenge is compounded further by the perennial conflicts associated with concession agreements, which the Liberian government enters into with multinational investors. From the signing of the Firestone Agreement in 1926 to the signing of the Sime Darby Agreement in 2009, communities have continued to protest and in some cases, like the Liberia Agricultural Company plantation extension program in 2007, communities have resorted to violence.
These are pressing issues that Land reform in Liberia must address and in a timely manner. If these communities cannot reclaim what they are laying claims to, land reform programs must then include reparations as part of addressing long-standing grievances associated with land loss in Liberia. Through such reparation programs communities can rebuild their lives, and have sustainable assess to livelihood and other needs previously served by their lands. Ladies and gentlemen, I thank you!
-In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry-
Wednesday, July 24, 2013
Peace and Reconciliation are Blessings of the Month of Ramadan for Liberia
Over the last few days since the beginning of Ramadan in Liberia, most of my non-Muslim friends and workmates have continued to ask me about the significance of, and dos and don’ts of the Holy Month of Ramadan. I have most often in my own way (albeit limited) given them some information. Their inquiries are important because if they do not know, they will hold onto misconceptions, and actions influenced by misconceptions or limited information could be intolerant and/or offensive. Those who are trying to ask, or even listening to the popular radio Al-Fala are doing their best to get informed about Islam. This reemphasizes the maxim that you need to know your neighbor in order to relate to him/her better. So this edition of the series is to respond to the many queries of our friends in an open space like this one, and to make the case about how the Holy Month of Ramadan brings peace and reconciliation.
Ramadan is one of the five pillars of Islam, and like the Hajj, it is performed periodically, that is, once every year. While a Muslim is primarily required to perform Hajj once in his/her lifetime given the ability of resources, as for the Ramadan, a Muslim is under religious obligation to fast every year in the Holy Month of Ramadan. This is also very flexible under different circumstances, like health, travel and recognizable encumbrances.
Ramadan comes as a holy Month for us Muslims and we put nearly all efforts to ensure that we strengthen our faith with our Creator, the Almighty Allah. It is revealed that it was during the month of Ramadan, the ninth lunar month in the Islamic Calendar, that the Holy Quran was revealed to the Prophet Muhammad, (may the Peace and Blessings of Allah be Upon Him) providing guidance and teachings to the people. Muslims who witness this month must therefore fast, except those in special conditions. While fasting a Muslim refrains from eating and drinking and practices continence. It is a time of worship and contemplation, and to fulfill the commands of the Almighty God and grow one’s soul.
Ramadan is also very relevant in improving social relations because during this time, family and community ties are strengthened, and the individual displays the best behavior in the community. Social science tells us that good relations within communities promote inter-community relationships and promote peace. And from all indications Ramadan provides a good opportunity for doing just that amongst Muslims and with non-Muslims. It is this strong sense of community that comes during this Holy Month that I emphasize here in this edition.
Family and community ties are strengthened in that Muslims from different social, political, and economic backgrounds come together for once to share in the blessings of this Holy Month. This unity is seen everywhere, whether at the Mosque or at a community center during Iftar – the evening fast breaking dinner. I have seen this over the years, and currently, In our own club of friends and brothers we called “THE VILLAGE”, a central Monrovia gathering, we have seen how this month have brought together some brothers, and created a family-like relationship just in the first few days of the Ramadan. An amazing thing about THE VILLAGE is that we oftentimes have non-Muslim friends who come to have Iftar (dinner) with us. This is interesting and it brings a strong message that Liberia is socially improving on issues of religious tolerance, reconciliation and peace.
THE VILLAGE, located on the peak of Snapper Hill in Monrovia, has been a meeting center for young professionals in business, government, and the non-profit sectors for years. Even though it started with mostly Muslim brothers, the quality of conversation, the modesty, and feeling of goodwill in addition to jovial exchanges have drawn together many other young professionals making THE VILLAGE an exciting informal multicultural, multi-religious gathering of young professionals in Liberia. Relations amongst the brothers of THE VILLAGE, both Muslims and non-Muslims alike have grown stronger since the Ramadan.
THE VILLAGE could be just one example, but around the country, particularly in Monrovia one can see how families and communities come together during the Month of Ramadan to share in the blessings of unity and peace that come with this Holy Month. Sharing the blessing of unity is done through eating together, praying together, and sitting together having constructive dialogues. Non-Muslims are also fully acknowledging the levels at which to interact with their Muslim neighbors. In most of the instances today, you see non-Muslims seeking answers about things they have held misconceptions for over the years. For examples, many non-Muslims treat their Muslim neighbors in extremely cordial manners during the Holy Month. This only tells us that friends are becoming more sensitive of the needs and concerns of each other and are prepared to respect the various diversities that exist in their communities. Through this, we have seen mutual collaborations, and the rate of tolerance also grow in workplaces, schools and social organizations. Ramadan adds more to that, and with the lessons and experiences of this Holy Month, it is obvious that Liberia has a growing opportunity to advance reconciliation and peaceful co-existence amongst its people.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Ramadan is one of the five pillars of Islam, and like the Hajj, it is performed periodically, that is, once every year. While a Muslim is primarily required to perform Hajj once in his/her lifetime given the ability of resources, as for the Ramadan, a Muslim is under religious obligation to fast every year in the Holy Month of Ramadan. This is also very flexible under different circumstances, like health, travel and recognizable encumbrances.
Ramadan comes as a holy Month for us Muslims and we put nearly all efforts to ensure that we strengthen our faith with our Creator, the Almighty Allah. It is revealed that it was during the month of Ramadan, the ninth lunar month in the Islamic Calendar, that the Holy Quran was revealed to the Prophet Muhammad, (may the Peace and Blessings of Allah be Upon Him) providing guidance and teachings to the people. Muslims who witness this month must therefore fast, except those in special conditions. While fasting a Muslim refrains from eating and drinking and practices continence. It is a time of worship and contemplation, and to fulfill the commands of the Almighty God and grow one’s soul.
Ramadan is also very relevant in improving social relations because during this time, family and community ties are strengthened, and the individual displays the best behavior in the community. Social science tells us that good relations within communities promote inter-community relationships and promote peace. And from all indications Ramadan provides a good opportunity for doing just that amongst Muslims and with non-Muslims. It is this strong sense of community that comes during this Holy Month that I emphasize here in this edition.
Family and community ties are strengthened in that Muslims from different social, political, and economic backgrounds come together for once to share in the blessings of this Holy Month. This unity is seen everywhere, whether at the Mosque or at a community center during Iftar – the evening fast breaking dinner. I have seen this over the years, and currently, In our own club of friends and brothers we called “THE VILLAGE”, a central Monrovia gathering, we have seen how this month have brought together some brothers, and created a family-like relationship just in the first few days of the Ramadan. An amazing thing about THE VILLAGE is that we oftentimes have non-Muslim friends who come to have Iftar (dinner) with us. This is interesting and it brings a strong message that Liberia is socially improving on issues of religious tolerance, reconciliation and peace.
THE VILLAGE, located on the peak of Snapper Hill in Monrovia, has been a meeting center for young professionals in business, government, and the non-profit sectors for years. Even though it started with mostly Muslim brothers, the quality of conversation, the modesty, and feeling of goodwill in addition to jovial exchanges have drawn together many other young professionals making THE VILLAGE an exciting informal multicultural, multi-religious gathering of young professionals in Liberia. Relations amongst the brothers of THE VILLAGE, both Muslims and non-Muslims alike have grown stronger since the Ramadan.
THE VILLAGE could be just one example, but around the country, particularly in Monrovia one can see how families and communities come together during the Month of Ramadan to share in the blessings of unity and peace that come with this Holy Month. Sharing the blessing of unity is done through eating together, praying together, and sitting together having constructive dialogues. Non-Muslims are also fully acknowledging the levels at which to interact with their Muslim neighbors. In most of the instances today, you see non-Muslims seeking answers about things they have held misconceptions for over the years. For examples, many non-Muslims treat their Muslim neighbors in extremely cordial manners during the Holy Month. This only tells us that friends are becoming more sensitive of the needs and concerns of each other and are prepared to respect the various diversities that exist in their communities. Through this, we have seen mutual collaborations, and the rate of tolerance also grow in workplaces, schools and social organizations. Ramadan adds more to that, and with the lessons and experiences of this Holy Month, it is obvious that Liberia has a growing opportunity to advance reconciliation and peaceful co-existence amongst its people.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
Wednesday, July 17, 2013
Liberia Must Respond to Malala’s Plea
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Young Pakistani girls’ rights and education activist, Malala Yousafzai, has made a passionate plea for children’s education worldwide. Malala’s plea has come at a time when development programs on issues of poverty, girls’ education and women’s rights (the mDGs) are wrapping up, and the coveted High-Level Panel on the post-MDG is formulating new rounds of plans.
As Malala addressed the United Nations, millions of girls in her native Pakistan were still facing harsh conditions of life. Children, and mostly girls, in sub-Saharan Africa, where poverty and violence have become daily realities, also experience similar harsh realities of deprivation and abuse daily. Malala’s voice is therefore a strong message to heed in Africa, if the dream of a brighter future for Africa’s children must be realized. This plea from Malala for equal access to quality education for children all over the world in the closing years of the MDGs makes the case that much has not be done to address the goals articulated in 2000 even after billions of Dollars in development aid and cooperation, national budgets and charities have been spent. That a goal articulated in 2000 and still an issue of global emergency in 2013, signals a failure on the part of world leaders to address the pressing needs of their respective countries. This failure is conspicuous in the performance of sub-Saharan African countries.
Reports suggest that most Sub-Saharan African countries did not perform well in the seven MDGs, thus making it difficult if not impossible to engage in a global partnership for development with other industrialized or developing countries (Goal 8). In 2011 alone, 57 million children of primary school age were out of school, and more than half of that out-of school children were in sub-Saharan Africa according to the UNDP.
For most countries like Liberia and its neighbors, this failure resulted from state collapse and long time absence of social services. For children/girls, the issue of food, protection against violence and rape in the absence of the state was paramount to the families and communities than education. By the end of the civil war in Liberia, an alarming proportion of young people were uneducated, unskilled and another huge portion accustomed to armed violence. Turning this around has been a serious challenge. Robust national programs beyond political platitudes are needed to ensure access to primary education for children, mostly girls. This requires going beyond the building of infrastructures around the country to creating the environment that ensure increased and sustained girls’ enrollment and access to quality education services. The emphasis on girls’ education in this edition of the series is because traditionally in Liberia, like most of Africa, girls have been deprived basic empowerment opportunities like education and worldwide, 61 percent of the 123 million youth (aged 15 to 24) that lack basic reading and writing skills are young women according to the UNDP. Equally so, those campaigning for girls rights and education need to go a step further from behind the microphones and reach into the communities with programs in mentoring and training and engaging parents on the need for girls education.
Like many societies including Malala’s Pakistan, social and civil issues have a way of giving birth to movements and popular activists. In Liberia, the events of the civil war gave rise to women political and social movements. These movements represent a great opportunity for advocacy and popular demand for education in Liberia.
Girls’ education since the end of the civil war has been widely advocated for, and to the truth, there have been some modest efforts at ensuring increase in female enrollment, but the challenge has been sustaining such enrollment since most girls do not end secondary school. Another challenge is the quality of education provided. The recommendation for policy considering the unspeakable deprivation of girls in Liberia is the need for special national funds on girls’ education. The opportunity Liberia has to ensure this happens is the presence of a female President whose political candidature was sold and bought through a large solidarity campaign from Liberian women. What young Liberian women deserve too, is empathy and a secured future from this woman-led government. My assumption is that a good and remarkable legacy for this woman-led government would be a national program that ensures free education for every Liberian girl up to secondary level. This will be a good response to Malala’s plea.
If most developing countries will take affirmative action that incentivize education for girls, particularly an incentive that eliminates costs on girls and parents, and improves quality, illiteracy will be an issue of the past, and in the same vein, poverty will be defeated. This way, Malala’s pain and sacrifice will not be futile. She will win, and women all over will win.
In the Cause of Democracy and Social Justice the Pen Shall Never Run Dry
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