theme: Articles on current affairs concerning
introducing: the nexus committees of 2016/2017
exchange: an experience of exchange in oslo
focus on AFRiCA 1
Colophone founder of the Nexus Magazine Nexus Magazine winter 2016 / 2017 Gemma torras vives Date of publication 05/12/2016
Grapic design kylie McKenzie Morrell
Nexus Nexus Studnent Association nexus@rug.nl Nexus Magazine committee
Authors Jocelin tjandra/Jessica Appelmann/ Genevieve Lai/leticia montagnana/elena radu/ Nathaniel lartey
contact us at: nexusmag.rug@gmail.com
cover photo Michał Barański
logo re_oslo The Nexus Magazine Commitee independently obtained and organi zed the content of this magazine and is responsible
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for the publication of the Nexus Magazine. The opinions and ideas expressed by the authors of the articles are in this magazine belong soley to the authors themselves and in no way represent the opinions or ideas of the magazine of the association. Winter 2016/2017
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TABLE OF CONTENTS 4 Letter from the Editor
6 upcoming nexus events
7 introduction to the new committees
12 theme articles
32 asc competition winner
38 Debate
40 exchnage in oslo 3
focus on africa Letter from the Editor
Dear Readers, I hope everyone is having a great semester and I’m sure you’re all looking forward to the winter break, whether you’re excited for Christmas and New Year or just looking forward to not having any classes for two weeks! It is my great pleasure to present to you the Winter 2016/2017 issue of The Nexus Magazine.
Kylie Mckenzie Morrell / LLB 2nd year
production in Nigeria by Laticia Montagnana as well as an insight on the current state of the Ivory trade by Jocelin Tjandra In this edition I also have the pleasure of publishing the winner of the African Students Community writing competiThis editions’ theme is Focus on Africa! tion, providing a truly African perspective. Africa is a huge and diverse continent which holds amazing promise but also Additionally there is an interesting dehas many complications still inhibiting a true “rise”. In this issue we aim to bate about Donald Trump and whether he can actually “Make America Great explore both the positive and negative Again” as well as a review from Elena aspects of the current situation on the continent as well as shinning a light on Radu of her exchange experience in Oslo. matters that are not often discussed. Africa comprises of fifty four countries I really hope you enjoy reading this ediand it is therefore impossible to cover all the nations and topics of interest but tion and feel free to contact us at: nexusmag.rug@gmail.com we have done our best to give as comor on facebook (The Nexus Magazine) prehensive a veiw as possible. with any questions, compliments or criticism you may have. Genevieve Lai wrote an excellent article about sustainable energy in Africa, Jessica Appleman has written about the Warm Regards, Palm Oil industries attempts to move from Southeast Asia to Africa. We also Kylie McKenzie Morrell have an interesting article on Crude Oil Editor in Chief - The Nexus Magazine. Winter 2016/2017
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WE’VE ALWAYS BEEN CRAZY ABOUT COFFEE
We are excited to share that from Monday 28 November, Nexus members can receive a 30% discount on all hand crafted beverages at Starbucks in the UB! just show your student card with a membership sticker and enjoy Opening hours: Mon – Thurs: 8:30 – 20:00 Fri – Sun: 10:00 – 19:00 5
Holiday opening hours: 19th december – 23 dec: 10 – 17:30 Saturday 24th december: 10:00 – 15:00
upcoming events Iconic Couples Party 01/12/2016 Nexus and ELSA Groningen Bremen Trip 03/12/2016 Christmas Party with Vintres & lisa 15/12/2016 NEXUS Note Sale 12-13/01/2017 Winter 2016/2017
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the active members of 2016/2017 the board
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internal affairs and pr committee
the external affaris committee
Winter 2016/2017
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the masters committee
the debate committee
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dutch support group
the conference committee
Winter 2016/2017
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the activites committee
the educational committee
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focus on africa re(NEW) AFRICA; an insight to the future of sustainable energy development / 14 hope for elephants: the details of the ivory trade / 18 palm oil: coming to africa now, as seen in southeast asia / 22 transnational corporation liability: shell and the ongoni community / 26
asc winner : what africa truly needs and how i can tend to her needs /32 ted talk: trade not aid, NGOZI OKONJO-IWEALA / 36
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re(NEW) AFRICA an insight to the future of sustainable energy
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and 2005 and yet, it is one of the most vulnerable places to the detrimental effects of climate change – changes to ecosystems, agricultural capacities, water availability, widespread desertification and rising sea levels are all threats to Africa’s survival. In East Africa, for example, it is estimated that by 2020, 75-250 million people will be exposed to water stress because of an increased drought risk. However, Africa has proven it is committed to fighting climate change – each of the continent’s states put forward national climate plans (or Intended Nationally Determined Contributions) to the Paris Conference and were strong proponents of increasing funding for climate financing for developing countries. Moreover, the African Union has committed itself to building departments and platforms that specifically deal with the challenges of climate change, such as the Ecosystem-Based Adaptation for Food Security Assembly.
The 54 countries in Africa contributed less than 2.5
Historically African energy consumption has been dominated by traditional biomass or fossil fuels. Whilst biomass is technically considered to be a
frica is a burgeoning example of the proliferation, and success, of diversified energy sources, specifically renewable energy sources. Africa has typically been characterised by poor economic development, reliant on fossil fuels and unsustainable practices. However, there are examples within the economically developing continent that indicate the rapid production and mounting support for renewable energy. Africa is fast becoming a model that the West and other technologically advanced states should look to and engage with. Africa can benefit, and is benefitting, hugely from this growing industry but greater investment and legal support within for these ventures will make sustainable development greater. Whilst there is room for improvement, Africa is undeniably the place to watch in its development of clean energy.
per cent of global carbon emissions between 1980
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Genevieve lai / llb 3rd year renewable energy source, it is harmful to the health of those who do use it and is not sustainably practiced, especially in some African countries. However, there is great potential in increasing the availability of other sources – solar, wind, hydro and geothermal energy. The International Renewable Energy Agency released a report in 2015 highlighting the promising capability of Africa to harness its potential in these areas and it analysed each specific region’s ability to specialise in whatever area it found itself prominent in. In illustrating the energy landscape of Africa, the report showed that Africa had much to gain from implementing improvements to its renewable energy support framework. It also outlined the benefits of prioritising renewable energies, primarily being economic growth and development and poverty alleviation. Economically, Africa has much to gain from investing in renewable energy. According to the McKinsey Report, conducted by a private firm, 2.5 million temporary and permanent jobs could be created if Africa invested in a thriving renewable energy sector. 15
Encouraging renewable energy would ultimately bring greater investment to the region, thereby creating new jobs, income-generation and better living conditions. By relaxing restrictions, encouraging investment in small-scale renewable energy production and advocating for greater international financing, African nations could yield a sophisticated sector that opens economic opportunities. Moreover, reinforcing the importance of renewable energy could also serve to alleviate poverty by promoting access for all to vital services. The Africa Progress Panel (APP) released a report in 2015 highlighting the concern of inequality of access to energy and electricity within Africa overall, which it saw as the perpetuation of poverty by denying access to crucial services. Collectively, African nations spent $50 billion per annum on oil subsidies, which served to help only 40 per cent of all households, primarily the richest. Likewise, 60 per cent of the population in sub-Saharan Africa still had no access to electricity, with 80 per cent lacking access to clean cooking facilities and being forced to use unsafe and risky sourc-
es of energy. The entrenchment of poverty is clear through the lack of adequate facilities and the development of renewable energy sources, particularly in regions mentioned previously, could contribute to overall poverty alleviation, which can only worsen with projected population increases. There are two prime examples of success that exemplify how renewable energy can transform countries – Mali and Rwanda. Mali, in the continent’s West and the eighth largest country in Africa, has started to diversify its power sources and to look towards solar, hydro, wind and biofuels because of the increase in power demand and the unreliability of traditional forms of energy, such as mining and oil. In 2015, Mali had an electrification gap of 55 and 15 per cent for urban and rural areas respectively possessing electricity. In order to confront these issues, Mali has harnessed its solar potential – it receives approximately seven to ten hours of sunlight each day, all year round. It doubled investment in renewable energy between 2008 and 2010 and decentralised rural electrification to allow small-scale organisations and communities to invest in the production of electricity. This meant that non-government organisations and local energy companies could provide affordable renewable energy sources to produce electricity to close the gap between urban and rural rates of electrification, supported as well by the Mali Agency for Domestic Energy and Rural Electrification (AMADER) and Rural Electrification Fund. This has seen a large
increase in the use of solar photovoltaic (PV) systems in households in the past couple of years, such that 10 per cent of rural energy services using renewable energy came from solar systems according to the African Development Bank. At its most basic level, these advancements have helped increase access to vital services, such as education and health care, and has prevented the use of sources of energy that detrimentally affect health. UN Women reported that women in area where solar energy had been adopted had experienced greater levels of efficiency and freedom – women reported being able to boost businesses by producing local foods and products at a faster rate. Whilst there are still some institutional and structural issues to be addressed and improved, such as the initial high costs, the strength of the oil industry and the improvement of the tariff system to favour renewable energy but, Mali has demonstrated that it is committed to reprioritising where and how its energy is consumed and it most certainly has the potential to reduce levels of poverty by improving accessibility through the use of renewable energy. Another demonstration of this commitment to renewable energy is Rwanda. The Rwandan Government has been exemplary and ambitious in setting out clear, reasonable and achievable targets for electrification in urban and rural areas, embedding sustained support for renewable energy throughout. Whilst it has started from a relatively low base, the government plans on increasing electricity access to
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70 per cent by 2017. It hopes to phase out the use of traditional and hazardous biomass products, instead refocusing reliance on natural sources of energy that it already possesses, including generation from hydro-, geothermal, methane-based and solar power. In doing so, it hopes to reassure private investors, domestically and abroad, that the country can be reliably invested in and has indeed made itself available for cooperation in Public-Private Partnerships (PPPs). In 2015, gross domestic product (GDP) grew at an average of 6.9 per cent across the first three quarters, highlighting how the country has benefitted from a shift towards the industry and services sector, of which contains energy infrastructure. This is not to say there isn’t a lot of work left to do – approximately 76 per cent of the population live off-the-grid and in rural areas and approximately 63 per cent still live on les than $1.25 a day, according to the World Bank. However it has made exceptional strides to reverse this and by the end of 2015, Rwanda had met most of the Millennium Development Goals, partially because of the substantial improvements made to advance standards of living and services thanks to electrification by affordable and renewable means. For example there was a two-thirds drop in child mortality and the fulfilment of near-universal primary school enrolment thanks in part to the provision of solar PV systems specifically for electricity generation in health centres and schools due to a collaboration of private and public financing. The use of these
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solar systems, as part of Rwanda’s Energy Policy Plan, were part of the strategy to achieve 22 per cent offgrid access to electricity by 2018 and pushed through by the private sector. Rwanda does have the desire and the enthusiasm to support the development of the private sector and whilst its goals may seem unachievable, there is no doubt that the use of renewable energy has very tangible social and economic benefits for the sub-Saharan country. The benefits of investing in and prioritising renewable energy have been realised in Africa – not only does it present a huge economic opportunity for the continent, but is also provides a viable solution to close the gap between rich and poor. African nations have made significant progress in supporting the growth of the renewable energy sector, however greater legal, structural and practical backing must be given to illuminate the positives of utilising renewable energy. As a continent with an abundance of natural and renewable sources, it really does have, and has harnessed, the best assets to contribute to the fight against climate change. Whilst this does not ring true of all African states and many are vague in, or are struggling to live up to, those commitments, Africa is still producing examples of successful development in renewable energy
HOPE FOR ELEPHANTS
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lephant poaching has long been an international issue and elephants have been hunted at an unsustainable rate, with a mere 400,000 elephants believed to exist in the wild today. Elephant range in Arica has shrunk by 41% since 1995.
The Convention on International Trade in Engendered Species of Wild Fauna and Flora (CITES) is an international agreement between 183 contracting parties aiming to protect more than 30,000 species of plants and animals. The agreement essentially categorises animals and plants into three appendices, with Appendices 1 being the most restrictive, intended for species threatened with extinction. For species falling within the category, commercial sales are strictly prohibited and other forms of trade are tightly controlled, for example hunting trophies, or for scientific and educational purposes.
In 1989, CITES included African elephants in Appendices 1 and effectively banned international commercial trade of ivory. In the beginning, the ban worked: demands of African ivory tusks in the United States fell to a historic low, illegal trade became severely restrained and Chinese ivory carving factories and shops closed down. African governments reported the ban to be a success, yet due to the lack of market African conservatories began stockpiling ivory from elephants cumulated from natural deaths. The ban, considering global developments with increasing wealth in Asia at the time, restricted supply of ivory which in turn has driven up prices.
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With the price of ivory up to $1,500 per pound, countries that have been seizing illegal tusks and such began counting the amount of ivory they had in their reserve. Pressure by national governments further proposed one-off sale agreements to CITES, in which this allowed national governments to sale ivory piled in their reserves to Japan in 1999 from Botswana, Namibia and Zimbabwe. A total of 49 tons of ivory was shipped, and soon after that, Southern African elephants were moved from Appendices I into Appendices II. In 2008, South Africa, Botswana, Namibia and Zimbabwe exported 102 tons of government stockpiled ivory to Japan and China with CITES approval. China received an astounding amount of 62 tons and believed the era to be a “resurrection” of Chinese ivory carving art, further increasing the demands of ivory in Asia and causing illegal poachers to increase the frequency of their hunts. The year also marked the resurrection of the massacre of previously protected elephants CITES has long been blamed by African governments as it sanctioned two sales-off with regards to ivory created a flux that stimulated poaching across the elephant range and ivory smuggling across the world. African countries have often defended ivory trade by saying that most of the tusks in circulation were illegally recycled from older stockpiles due to its corrupt governments, yet this belief has been quashed by recent studies conducted by Thure Cherling at University of Utah. The researchers examined ages of 231 tusks from large seizures made in 2002 to 2014, and by measuring small amounts of the radioactive isotope carbon-14 left over from nuclear-bomb tests in 1950s, it could calculate when the elephants died. The isotope usually ends up in plants, which elephants would ingest and use to build new ivory, and the amount found inside the elephants’ most recently formed tissue would provide a time stamp marking its time of death.
It was found that 90 percent of the specimens came from elephants killed within three years before the ivory was confiscated, many probably within several months.
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Jocelin tjandra / llb 2nd year The researches have confirmed what many had suspect: illegal ivory trade is being fuelled almost exclusively by recently killed elephants. Elizabeth Bennett, Vice President for Species Conversation at the Wildlife Conservation Society, has publicly announced that this research has huge implications for policy and enforcement. “It’s long been widely assumed that a lot of it was leaking from stockpiles. This shows that’s not true, and that’s very encouraging. It says that if we can stop the poaching, we can dry up the ivory pouring out of Africa,” she said. Many governments have been contributing to try to keep ivory tusks out of the market by destroying seized tusks. In recent years, at least 21 countries have burned or crushed large ivory stockpiles, Kenya alone cremated 105 tons earlier this year. China and several other countries kept legal domestic ivory markets for supposedly old ivory, but Bennett claimed the study suggests much of the merchandise is new ivory, masqueraded as old. The problem simply lies with how ivory market is controlled by criminals and investors who have no interest in conservation. To combat this issue, the government has tried to create a legal make for ivory. The logic that lies within it was rooted from history: when the US repealed the prohibition of alcohol, legal booze flooded markets previously dominated by bootleggers. The idea was to establish a market elected from elephants that have died naturally. However, this plan has not worked, since with regards to ivory it is hard to specify how the elephants died preceding the poaching, hence once the ivory reaches the mar-
of investment. The rise of such demands, further, has caused a secondary market for legal ivory permit to emerge in order to help launder illegal ivory. In short, the legal sale and persisting legal markets has caused elephant poaching rates to rise and stay high. “Lifting Africans from poverty is the only way to save elephants” - Rowan Martin, Zimbabwe delegate to the CITES meeting in Johannesburg Ivory has always been part of Africa’s economy, with colonial powers of the previous centuries going to war with each other in order to gain control of it. Statutes and limitations that risen from these same powers, banning ivory trade, is unlikely to resonate with African ivory owners. Logically, balance of trade in Africa is almost impossible to achieve, since Africa needs to import all the specialised products manufactured by overseas countries, but in turn, is restricted by a cartel of overseas NGOs from exporting its specialised product that may give Africa a global competitive advantage.
ket, it can easily be sold as legal ivory. Using the CITES global poaching data, Dr. Nitin Sekar, science policy fellow with the American Association for the Advancement of Science, and Professor Solomon Hsiang, associate professor of public policy at Berkeley University had examined whether the one-time sell to China and Japan caused changes in global markets for poached ivory.
The sale announcement resulted with a global abrupt rise of 65% in poaching. These were also supported by reports on the ground. With the influx of legal ivory, Chinese government promoted the product and promoted ivory as a form
Elephants cannot co-exist with human population when the latter density exceeds 20/km2. This density has been exceeded in 21 of the 37 countries in African elephant’s range. An annual budget of $1.5 million is required to conserve 5,000 elephants in a national park of 10,000 km2, in which this budget can easily be met from the trade in ivory produced from natural mortality and a low level problem of animal control. It is assessed that ivory bans needed to be supplemented by a full devotion of authority to those on whose lands elephants live to enable these countries to manage elephants for their own long-term advantage. It is also necessary for these states to actively promote conservations of elephants and remove all restrictive legislation and bureaucracy that creates perverse incentives. On 3 October 2016, CITES held a conference in Johannesburg. The proposal to ban the trade, sub-
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mitted by 13 African elephants range states, including Botswana, seeks to move all elephants to Appendices I of CITES’ animal listing. Botswana was placed under spotlight during he conference due to its previous notion that supports limited legal ivory sales. As 130,000 wild elephants resided in Botswana, the country currently has the world’s largest population of elephants. Its stance on the issue was hoped to increase awareness regarding elephant population decrease and to attract enough votes to generate ivory ban all over Africa.
“There is a clear and growing global consensus that the ivory trade needs to be stopped if elephants are to be conserved effectively. We therefore support a total, unambiguous, and permanent ban on the ivory trade. We must unite [in] solidarity with our colleagues regionally and worldwide to stop this crisis. A threat to elephants anywhere is a threat to elephants everywhere.” - Tshekedi Khama, Botswana’s Minister of Environment, Wildlife and Tourism
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Following the conference, the agreement was unable to ban ivory trade as a whole due to oppositions from other countries that made these proposals incapable to pass. The EU’s stance is to oppose Appendices I listing, supported by the CITES Secretariat, which has rejected the proposal for a full ban. If the EU decides to follow Botswana’s lead, it may be enough votes to get the proposal approved. Some countries still believe that selling ivory may be used as a conservation tool, since its revenue can be plowed back into conservation. However, with evidence of the steep decline of elephant population, it shall be recognised that legal ivory trade would not result in a better world for elephants. Currently, the CITES agreement resulted in a recommendation for all countries to ban ivory trade regionally. It is expected with future developments that the recommendation will eventually have binding force to ensure a future for elephants
palm oil: closing in on africa as seen in Southeast asia
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alm trees – a thought that has most of us happy, thinking of vacation, leisure, relaxation. This idyllic association does not come to the minds of Africans living in countries like Liberia. To them, they are either a symbol of destruction, loss of sacred places, homes, income or one of economic growth, a hope for wealth. Fortunately, awareness of the growing palm oil industries and the collateral issues that have has risen as a result. However, most of us only know of the industry in Southeast Asia, especially Indonesia. The increasing criticism and activism by NGOs and citizens of many countries put pressure on the companies to raise their environmental and social standards and enhance sustainability, which means a significant increase in production costs leading them to look for other options. They found such opportunity in Africa – places where no restrictions or concerns exist(ed) yet or aren’t applied due to corruption, vast palm forests, a favorable climate, poverty-tarnished communities hoping for improvement of their situation. Exemplary events have been occurring in Liberia, a
country in which more than half the population cannot meet their basic needs. After more than ten years of civil war the government was looking for investors, particularly in the agricultural sector. With the possibility of creating 100,000 jobs, palm oil became a significant part of the government’s plan to reduce poverty. An agreement with, inter alia, Golden Veroleum Liberia (GVL), a Singaporean investor whose shareholders are e.g. Standard Chartered, HSBC, and Citibank with USD 1.5 billion, was signed in 2010 leasing them a 220,000 hectare concession area over a period of 65 years with the possibility to extend it to 98 years, therefore affecting the communities for about five generations. Ten US Dollars a day and a 50kg bag of rice a month serve as remuneration for field laborers. This led some people to quit their former jobs: a teacher with a wife and three children, for example, told the media that being a field worker with GVL pays better. In addition, the company promised in the so-called MoU (Memorandum of Understanding) to invest in drinking water, health care, and education after one year.
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Jessica Appelmann / LLB 1st
Yet, interviewed community members said that they had seen no improvement after five years. They even claim that Golden Veroleum Liberia has worsened the state of their water; the people have no choice but to drink it and never know whether it is safe for them to do so or not. In response to such and similar criticism the company said that they are still looking to fulfill those promises, but that it has to be kept in mind that it is challenging to work in a post-civil war state and that the infrastructure has to be developed first in order to improve the situation. On their website GVL furthermore stated the following in 2014: “GVL is providing annual scholarships of USD 100,000 to agriculture students. These scholarships have benefited more than 1,400 student terms so far. Priority for these scholarships will be given to local students hailing from the counties in which we operate. GVL also offers vocational training, for example: certificates in heavy equipment operation and transferable skills in mechanical and construc-
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tion trades, adult literacy and numeracy. Employees’ children are provided free schooling from kindergarten through to sixth grade. As our operation grows we will construct a high school. These facilities shall be made available to other local children when possible. Currently we operate one of the largest primary schools in Liberia.� A study, which the company of GVL claims to be flawed in its numbers in multiple ways, conducted by Sync Consult (a Ghanaian economic consultance company) questioned the profitability of the agreement for Liberians. It covered an area with 14,000 inhabitants who depend on their land for farming, hunting, and building supplies.
These assets were valued to have a worth of 11.1 million US dollars a year. The value brought upon its employees, who make up only 12% of the community, and to a much smaller extent the other inhabitants by GVL was calculated to be around 3.8 million US dollars in the same
amount of time. Interviewed Liberians’ statements reflect the fact that the palm oil business only benefits a minority of the affected residents: A citizen complains that hardly anyone in his community is working, and others as well express the wish that Golden Veroleum employed everyone. However they do not want the company to leave as they believe they would be even poorer without its presence. Having higher qualifications, which is the case for some people, does not help as there are no job opportunities. Most Liberians sustain their families through
because I don’t know anything. I don’t know better.” He also talks about how GVL told them how many hectares of land they take while the inhabitants do not have an idea of what a hectare means, and consequently also don’t know how many hectares their land comprises. There are no documents tying the property, which Liberians usually do not just live on but also depend on for a living, to their owners, as it is usually passed on from generation to generation.
farming, which leads to the next issue. As GVL wants to expand their plantations, the farmers’ property is under threat. The main problem underlying this is the lack of applicable laws and the lack of education. In an interview by Global Witness a community member of Sinoe County, subject to the contract, explains:
forced onto them without their consent. This issue rearises with the expansion plans: A 30 million dollar mill, which the government expects to bring more jobs and revenue, is to be built upon a sacred site named Palotro Hill, where women came to pray for fertility. Opinions differ part as to whether permission to desecrate the land had been granted. Such and other conflicts have called for measures to be taken: GVL is now providing armed police officers of the Emergency Response Unit first placed on a plantation in May 2015 to pacify protests concerning working conditions with remuneration, food, and housing to have them stay. A solution for this could be the proposed Land Rights Act, which would legally recognize the communities’ continuous use of the land,and grant them ownership (i.e. recognition of customary land). However, the proposal has been existent for over a year, and has still not yet been passed, so it is uncertain whether it will enter into force - especially consid-
“I remember the MoU signing ceremony. They did not read the MoU to us. At the same time, they said that all the people from the different communities must sign. We ourselves, we don’t know how to read, and if you give us a letter we will sign it. The [senior government officials] Sinoe County Development Superintendent and [one District Commissioner] were there. They signed, so what do I know? As all of them signed, I’m supposed to sign
Thus, a lot of inhabitants feel like the company was
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ering that the government of Liberia is hardly in a position to negotiate with conglomerates like GVL, as author Jocelyn Zuckerman iterates:
“The government budget this year was $500 million. Sime Darby’s is more than $3 billion, Golden Veroleum’s $1.6 billion. These companies have the top notch lawyers in the world, the top notch advisers. The government of Liberia is like an ant when it’s negotiating with these people.” Another grand issue that comes with the palm oil industry is its impact on the environment, mainly speaking biodiversity and climate change. This aspect especially shows when one looks at Indonesia, which, together with Malaysia, accounts for more than 90% of worldwide palm oil production, because this has led the country to become number six in the ranking of the largest greenhouse gas emitting countries globally. Looking back at Africa, it seems that we will be seeing similar results. The amount of carbon originally stored in the forests of São Tomé, an island in West Africa, was more than 600,000 tons. As these forests have now been cleared for palm oil production by Socfin, the leading planter in Africa, a such humongous amount ofcarbon dioxide was consequently set free, contributing to the greenhouse effect and therefore global warming. Fortunately, Golden Veroleum Liberia is providing us with better news in a press release just released on November 9th. After discussions that lasted for a year and working together with Greenpeace and The Forest Trust since 2013, the company now announces their welcoming of the High Convergence Carbon Stock Agreement, which shall lead them to the implementation of the No-Deforestation principle. This means that so-called HCS forests (that store high amounts of carbon) will be excluded from any further development. The company hereby pursues for Liberian Palm Oil products to be accepted for Certified Sustainable Palm Oil (CSPO) requirements in important markets such as Europe and America.
Author’s comment: Browsing all the websites
of NGOs, newspapers, the companies themselves, and some blogs it is quite hard to figure out what to believe and what not as the websites often contradict each other and we all know that the companies will try to look good and that NGOs may also be exaggerating, so I tried to find the best possible balance and 25
look at as many sources as possible, but I still can’t guarantee that all the above information is correct. Personally, I think that it is horrible that people (even children) have died in Indonesia etc. from having to breathe the smoke intoxicated air which is polluted due to the forest fires and that animals are deprived of their habitats. I was not happy to find out that people in Africa will probably have to suffer a similar fate. On the other hand, it seems as though the company is already improving the people’s situation to a small extent, so maybe these hard times are a sacrifice that has to be made, as it happened with the Industrialization in Europe and the US as well. Things that we can do to help are supporting NGOs in their work by signing online petitions (which only takes a minute!) and look at the ingredients of products we buy. Palm oil can hardly be avoided completely, as it is used by most brands and in most products for its cheap price, high yield, and low need for pesticides and fertilizers, but you will usually find a few products without it, and you can always check for sustainability certification like CSPO or whether the company works with RSPO
TRANSNATIONAL CORPORATION L RIGHTS ABUSES
THE CASE OF SHELL AND THE OGONI CO
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tates are traditionally known as the main subjects of international law. Historically, the role of international law towards transnational corporations is to describe the rights and obligations of states on investment matters, and to regulate the jurisdiction of states over corporations and to safeguard those investment conditions. The three authoritative players are part of a traditional hierarchy, bound to respect certain rules and be subject of some limitations. International law stands on the top due to its traditional supremacy over national law. The State comes in second position having the power over the corporations through national law and finally, corporations have the power of acting towards profit maximisation. The dynamics in the hierarchy become quite complicated when it comes to human rights protection on abuses by corporations. In cases of corporate negative impacts, it is difficult to identify which part of the hierarchy is failing to act; international law, the State or the corporations. The lack of cooperation among these actors allows impunity of corporations for the consequences of their wrongdoings. The investigation of the dilemma on corporate liability in cases of corporate negative impact, such as violation of human rights, is addressed by questioning its scope in international law, state law and corporative actions. The focus is on analysing wrongdoing in the specific case of oil spills in The Niger Delta, Nigeria. On one hand, it is argued that the main dilemma on corporate liability is the lack of global regulation in disputes where transnational corporations have a negative impact in its host communities. Scholars believe that international law has to be in constant change in order to comply with challenges brought by globalization. In fact, social and environmental responsibilities have created a demand for a broader
role of international law that focuses not only on influencing state’s actions, but also the behaviour of transnational corporations. Politically, for international law, it is easier to tackle problems of “low politics”, such as trade, than of “hard politics”, such as security and justice. International law is incorporated in actions of International organizations such as the World Trade Organization (WTO), which successfully enforces rights to freedom of trade for Winter 2016/2017
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LIABILITY ON HUMAN S:
OMMUNITY IN NIGERIA leticia montagnana/ LLB 2nd
profit maximisation and is determined to have as many participants as possible. Trade has been extremely facilitated and globalised in most parts of the world, allowing transnational corporations to establish themselves worldwide. However, justice has not been able to follow the same path and organizations such as the WTO who encourage trade but do not offer any kind of pattern for social responsibility and human rights protection. Currently, Corporate 27
Social Responsibility is conducted by means of ‘soft law’, which in the international law context refers to “principles and policies which have been negotiated and agreed between states, or promulgated by international institutions, but which are not mandated by law or subject to any formal enforcement mechanisms.” Since 1975, UN’s group of experts had invested significant time drafting frameworks with the objective to provide guidance on conduct of trans-
national corporations and as an initiative to outline corporations’ responsibility to respect human rights. The 2010 UN Guiding Principles on Business and Human Rights is the most recent framework, being adopted by many corporations around the world. It encompasses three pillars based on “Protect, Respect and Remedy”, guiding how States should implement their framework. The first pillar concerns the state’s duty to protect human rights. The second pillar, emphasizes corporate responsibility to respect human rights and finally, the third one refers to access to remedies for victims of business related abuses. However, the adoption of these frameworks is completely voluntary and dependent on the willingness of corporations, as it is not legally binding or necessarily punishable in case of non-compliance. Many would argue that these measures are ineffective. It is believed that the reason for this impasse is that international law is meant to respect the sovereignty of states, by trusting that states are always willing to comply with international treaties and protect its people from corporate wrongdoers. Unfortunately, the lack of enforcement mechanisms on human rights treaties such as the 1948 Universal Declaration of Human Rights, and this relationship based on “trust” can be inefficient to protect basic human rights, especially in cases that the state is aware of the human rights violations but chooses not to act on them. This provides a perspective from two different argumentative sides. It is possible to argue that international law has adopted several positive measures in order to provide guidelines for corporations willing
to comply with its social responsibilities, which facilitates enormously for the corporations and States. However, some would argue it would be necessary to create a binding mechanism and punitive measures in case of failure of compliance to prevent impunity. Nevertheless, there are international organizations aiming specifically on the supervision of states failing to prevent the occurrence of corporate human rights abuses. The one specific to African states is the African Commission on Human and Peoples’ Rights. The international organization exercises three main functions: the interpretation of the African Charter, the protection of human rights and promotion of human rights. In accordance with that, the ACHPR has protective activities that include the reporting system, whereby member states are required to send binary reports on the measures adopted aiming to give effect to the Charter and receiving complaints on violations of Human Rights by African member states. After nearly thirty years of membership, Nigeria has only submitted five reports to the ACHPR. Unfortunately, none of them indicate intentions by Nigeria to enforce corporate compliance with the African Charter on Human Rights and Peoples’ Rights. Although Nigeria is the only State in Africa to make use of the monist tradition, which means that the Charter can be directly accountable as its domestic law, the enforcement of law is still very underdeveloped. Furthermore, ACHPR’s budget limits their protective actions significantly. Despite the fact that the Afri28 Winter 2016/2017
can Union has a great number of member states, the continent is well known for its economic difficulties and domestic issues.
As a consequence, the budget based on contributions by the member states amounts to just over US$1 million. In comparison, the European court’s budget is roughly USD$57 million 53 million euros for a population that equates to less than half of that of the African Union.
On the other hand, it could be argued that the fault is not on the limited scope of international law, but on states that ignore the application of human rights treaties. Although the main duty of states is to protect its citizens, it is possible that negative corporate conducts and human rights abuses occur as a result of minimal regulatory control by states, aiming to provide an investor friendly environment. In the case of Niger Delta region, in Nigeria, the states chose to destabilize that specific area, where the Ogoni community live, in order to safeguard the oil revenue for the rest of Nigeria. As Nigeria became 29
one of the most productive oil-producing nations, Nigeria’s capital city Lagos had a period of significant development, with the construction of several government buildings.
The region of Niger Delta, although accounting for roughly 90% of the total of oil-extraction, did not receive it’s fair share of the distribution of oil revenue. Instead, Shell’s installations resided onshore had a major blow-out. The uncontrolled release of crud
oil resulted in wide-spread pollution not only turning farm land infertile, but also contaminating the water supply of the Ogoni community. It is necessary, for states, to persist in their obligation to protect its citizens as it is bigger priority than pleasing foreign investors. The first time that the conflict was assessed was in the case SERAC v Nigeria, which was lodged by two NGOs: Social and Economic Rights Social and Economic Rights Action Centre (SERAC) & the
Centre for Economic and Social Rights (CESR) in March 1996. It was alleged that the oil operations that resulted in an oil spill in Niger Delta resulted in the violation several articles of the African Charter and it was done with the facilitation of the military government of Nigeria. The articles violated are respectively: The right to freedom; respect for life and integrity; the right of property ; the right of health ; protection of the family; the right to dispose of their wealth and natural resources; and the right to a clean and satisfactory environment. The decision was given by the ACHPR in 2001, which claimed under the Article 56(5) of the African Charter, that applicants to the ACHPR are required to “exhaust local remedies, if any, unless it is obvious that this procedure is unduly prolonged,� before sending a complaint to the Commission. The Court decided that, in this case, the exhaustion requirement was satisfied due to the fact that local remedies are not available or effective. The court, in the case, also mentioned Article 1 of the African Charter, which provides that the protection of the rights mentioned above are responsibility of the state, Nigeria. They argued that Nigeria failed to monitor and control the oil companies’ regulations operations and to protect the rights of the Ogoni people, giving no solid verdict on corporate liability in violation of the Charter. As mentioned earlier, the Charter provides no duties and responsibilities to TNCs. Therefore, despite the fact that the case did go to the ACHPR court, the result is merely recommendatory as they do not have the means to stop the
violations from happening, due to lack on corporate liability and long litigation processes in operation. It is possible to argue that the realities on the ground portray the reason why there kind of situation like in Nigeria are so difficult to surmount. The combination of corruption, insubstantial governance, low budget and monitoring structures discourages the making of corporate regulations. Additionally, the occurrence of several domestic issues that takes priority makes the protection of human rights in remote areas very hard to administer. Finally, the power of transnational corporations must not be underestimated.Currently, it is possible to argue that TNCs are replacing colonial powers, becoming more influential than states themselves. For example, the Dutch oil company Shell managed to turn over the Nigerian GDP three times. The consequence of TNCs playing a great role in influencing economic and political scenes is that investment treaties weaken national legislation, which includes the protection of human rights. The governments negotiate with the corporations to minimize control over them, in exchange of an increase in revenue.As mentioned earlier, the choice of following a socially responsible path (or not) is mostly in the hands of corporations.The current corporate liability scope lacks efficient enforcement regulation to protect basic human rights. The main dilemma is that corporations, as opposed to States, cannot be held directly accountable on Human Rights treaties. As a conse30 Winter 2016/2017
quence, corporations have the opportunity to escape from liability in their wrongdoings by hiding behind the State’s weak human rights enforcement, which allows vulnerable communities, such as the Ogoni in Nigeria to be victimized by the oil industries. The proof is in Shell’s attitude of denial. They not only reject all accusations of human rights abuses but also argue that the demands of the host communities are “clearly political and constitutional” and thus “outside the influence and jurisdiction of a private oil company” . In conclusion, it could be argued that as long as corporations, states and international law fail to cooperate with one another, there will still be impunity in cases of corporate wrongdoing. Although the main purpose of the existence of international law is to protect human rights, there are strong limitations on how to enforce these rights in countries. International law is expected to respect state’s sovereignty on the national level, where corporate regulations are performed but the lack of cooperation among states, international law and corporations undermine the functionality of international law ideals. It is possible to argue that the main obstacle to better corporate regulations is not legal but political. When states are not willing to cooperate by improving their national legislation or interfering in the actions of corporations violating human rights, international law struggles to impose a humanistic method. This is the case in Nigeria, where most of the GDP comes from the oil industry. Any changes in regulations are very unlikely. The United Nations hoped to create a
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trend of cooperation with ‘soft law’ initiatives, such as the 2010 UN Guiding Principles on Business and Human Rights. The idea of promoting frameworks to provide guidance on conduct of transnational corporations’ responsibility to respect human rights has been extraordinarily successful in several states as it was adopted by many corporations. However, the lack of strong methods of enforceability results in the great dependency on corporations’ goodwill and fails to provide a solution for the companies that do not want to comply with human rights, such as Shell in Nigeria. Despite the fact that the Commission confirmed and recognised the violation of numerous articles of the African Charter in the case SERAC v. Nigeria and indicated Nigeria as guilty, they do not have the means to address the issue as the African Charter is not legally binding and does not recognise liability of corporations in wrongdoings. In addition, the lack of resources and budget has compromised the activities of the Commission. It is clear that transnational corporations are influential actors in African politics and should be treated as such legally. However, it is also possible to argue that while Africa is still in a slow process of financial and legal development, impunity, especially for corporations, and lack of cooperation with international law will still be a reality in Nigeria
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“What Africa truly needs and how I can tend to her needs” WINNER OF THE AFRICAN STUDENTS COMMUNITY WRITING COMPETITION
“A
frica is a rich continent but why is it so poor? The continent boasts of a galore of natural and human resources but why in God’s name are we not seeing any progress? Oh I know what the problem is, ‘Leadership’. Oh yes, that is what we lack. We need transformational leaders like Kwame Nkrumah, Patrice Lumumba, Julius Nyerere, Nelson Mandela and Muammar al-Gaddafi, yes Gaddafi! I think these leaders were more visionary than those we have now.
Hold on, I think I know what the problem is, ‘Slave Trade and Colonization’. The “white man” was and still is the cause of all of our problems. These whites are the reason why we are so poor today and I hear there is a conspiracy to keep the African continent poor for easy exploitation. They shamefully mistreated us and took all of our resources. But no that is not possible because we still have these resources we claim were taken by the white man and are still poor. Maybe if they did not take any we would have been better off. The white man is to blame for all our woes. Got it! I think I will be addressing this topic from “the white man” angle. It makes perfect sense, the enslavement of the African people and the looting of their resources to develop their own countries. There is one problem though, how can I justify the Ethiopian case, because it was technically never under any colonial rule but it is still one of the poorest on the African continent. This is getting complicated. It is actually a shame though to think the “white man” is still to blame for our bad roads, lack of social infrastructure and low educational standards in the 21st century. Anyways, let me get something to eat before these African issues get me crazy. I might as well not write this essay. I guess Kwame Nkrumah was wrong; the black man is not capable of managing his own affairs”. 33
My name is Kwesi Darko, a proud son of Africa, born and bred in Ghana and these were my thoughts a week before I decided to write this essay. I strongly believe Africans could very much relate to those thoughts. I must admit my disappointment at the state of the African continent. The optimism and hope that the African case is not despondent is what made me rethink my decision not to write this essay. I express my thoughts on the topic with no intention to sound intellectual and with no regard for rhetoric but aim at lucidity and candor. It is sad how emotions of some Africans rise when negative reports are shown on international media platforms like the BBC and CNN, as if they are not the reality. Do not be mistaken because I am a huge advocate of balanced reportage but instead of getting emotional when these bad photos and videos are shown, we could actually see them as a motivation to find solutions. It is just ridiculous how we find watching the dark history of Germany unproblematic on these same international media platforms and do not pause to wonder why the Germans for the most part are not emotional and agitated. I guess the Germans are not proud of their history but have learnt their lessons and are making efforts to create a better society.
Africa needs a paradigm shift in the mindset of its people. I strongly believe in the saying, “if you want to see the devil, look in the mirror”. The African problem is the African. I know most Africans reading this would be angry, saying this is illogical and might decide to discontinue reading. There is nothing wrong with that because it will just be an example of the problem I just indicated, “The African”. The old adage that, “if you want to know what water is, do not ask the fish”, became
crystal clear after my travels to the Netherlands, Belgium, Germany, Finland and Portugal. Most Africans are so immersed in their narrow ways of thinking and fail to appreciate different perspectives on issues confronting them. These ways of thinking stem from culture and religiosity. Here, I am not saying that the African culture is bad, in fact it is enviable. However, we must acknowledge that it shapes the way we view ourselves and the rest of the world. For instance in Ghana, the elderly are always considered to be right even when it is obvious they are not, especially when there is a rancor between a child or a young adult and an elderly person. This is an example of how children/teenagers are discouraged to stand up for what is right because of fears of being tagged disrespectful. The need for a paradigm shift in our mindset should always be looked at from two angles. First is from the perspective of our brothers and sister living on the African continent and the second from those in the diaspora. “I will never come back to Ghana when I leave her shores to Europe”. This is a typical line from the average Ghanaian, always thinking the pasture is greener on the other side. Africans, especially her professionals have been lied to that life in the West is full of roses. This is partly due to the brain washing from the media and also because of the edited stories Africans from Europe and other parts of the world narrate upon their return. I lived in Ghana for 24 years and have been in Europe for the past 2 years and can confidently say that the image painted on our television stations about the West is not entirely accurate.
In fact, there are arguably more opportunities in Africa than in Europe. The African should begin to realize that no European is interested in making Africa like Europe. Winter 2016/2017
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The bitter truth is the average Westerner does not care about what goes on in Africa. Oh yes, I know some Westerners will take offence because of the aid given to some African countries but truth be told, some of those aids are better not given because sometimes they do more harm than good with all the strings attached to them. Our Western friends should give us a break. Africans should realize that nobody can make the continent what they want it to be but themselves. This should involve everybody; governments, opinion leaders, religious leaders, professionals in all areas, the unemployed, students and children. We must believe in each other and the institutions we have as we constructively challenge the existing norms. Our brothers and sisters in the diaspora, especially the professionally trained cannot be left out in a discussion such as this. Brain drain is one of Africa’s biggest problems. Ghana has lost numerous health personnel as a result and she pathetically sometimes contracts doctors from Cuba because of the shortfall. Africans in the diaspora are always quick to point out the problems with Africa but once you ask them when they are going back to help solve the problems, they tell you “there is no point going back”. Well my friends in the diaspora, if you think the African case is hopeless then spare us the whining with all those wonderful solutions you keep espousing. We have had enough of the talks, we need you to go back and make a difference with your skills and expertise. You will forever be an African whether you are excited about that or not and if you think what you see on the continent is appalling, why not go and make a difference. It is sometimes pathetic how Africans with enormous skills are underutilized in the West, mean while they could have made a huge impact on the African continent. It is hilarious when Africans in the diaspora complaint about how unfair the system in the West is. For example when they are denied promotions because indigenes they are far more qualified than are considered for promotion and not them. I personally do not see anything wrong with that regardless of how controversial my position might be. Ideally this should not be happening but we are not in heaven the last time I checked. This is the reality we are faced with. We need our friends in the diaspora to change their perceptions about Africa because we desperately need them to develop the continent. We appreciate the few who go back to make a difference. I am sure Africans in the diaspora do not want to be like a big fish in a tea cup because if they want the freedom to explore, expand and make a mark, then they should start considering 35
Africa. Talk is cheap my friend, it is easier said than done. What are you also doing about all of these, retorts the skeptic? Well, I am currently enrolled in the International Doctorate program in Experimental Approaches to language and the brain (IDEALAB) and have taken it upon myself to visit my home country once a year to conscientize the people through seminars and lectures on what is at stake and how we can tackle the problems we face. Since I work with health institutions in Ghana, I also try to introduce new techniques I am exposed to in my studies to these institutions. I plan on building a rehabilitation center targeting individuals with brain damage in Ghana after my studies and have started talks with stakeholders. Writing this essay is also one of the ways I hope to admonish my brothers and sisters to rise above the status quo and make their voices heard and to make their impact felt on the continent. I am just one man and cannot do this all by myself. We need every African on board with a renewed mind and a vision like that of the eagle to join the campaign of making Africa what it ought to be, a giant. We absolutely agree that no man is an island, that is, Africa cannot transform without collaborations with the rest of the world but for now we need a reawakening and change in mindset, which obviously will not be achieved overnight. You may not have liked what I said or how it was expressed. At this point of history and looking at the rate Africa is deteriorating, political correctness should be thrown into the garbage.
Nathaniel Lartey
The bull must be held by its horns because Africa needs to be resurrected. Well, tick tock tick tock, the clock is ticking; I believe the time is now. By the way, I totally agree with Kwame Nkrumah, “the black man is capable of managing his own affairs”. I believe in Africa. Peace
a
frica has long been burdened by the perception of political instability, uncertainty and unpredictability. Over the past 60 years, the Wall Street Journal estimates that $US1 trillion of development related aid has come from the First World to Africa. Yet during the same period, the amount of people living on less than a dollar a day doubled. And there is no denying that Africa has collectively endured a great deal: poverty, disease and conflict have displaced and cost the lives of millions and continue to be prevalent factors in African society. However, the characterisation of a ‘poor’ Africa needing the assistance of rich countriesis anachronistic and ill informed.
spite this influx of ‘free’ funding. For example, Tanzania won the support of many Scandinavian countries for pursuing socialist aims, thus benefitting from $10 billion between 1973 and 1988. Yet in the same time period, its economy contracted by 0.5 per cent every year. This is because foreign aid does not encourage long-term sustainable growth in the same way trade is able to. . Foreign aid promotes the transfer of funds state-to-state, thereby increasing state control and reducing the growth of the private sector, which is where real economic growth occurs. Instead, aid is misallocated and misused, and this free money is then utilised to keep corrupt governments in power.
Okonjo-Iwealare directs the focus onto Africa’s NgoziOkonjo-Iweala, in her TEDTalktitled ‘Want to potential for success, reframing the continent as the help Africa? Do business here’, stresses that foreign ‘Africa of opportunity’. Her talk is centred on the aid has crippled Africa by encouraging corruption reforms taking place and the shift in attitudes of the and bad governance structures. Consider that when African nations in tackling the wide spread percepAsia flourished economically in the same period tion of an Africa in need of aid. Okonjo-Iweala is Africa was receiving billions of dollars in aid, Africa a proponent for trade and business opportunities instead underwent failed project after failed project in Africa, the spread of free enterprise to promote – the World Bank even admitted that 75 per cent of growth rather than reliance and dependence on their African agricultural projects had failed. Whilst foreign aid. However what is hindering this shift it is over simplistic to argue that most of the aid in towards trade is this perception that Africa is too Africa has not helped – there are definitely examples volatile and unreliable to invest in. This perception where it has made a substantial impact – the statistics is exaggerated by the idea that conflict in one nation show that African economies have been stifled deis reflective of the economic capabilities and opporWinter 2016/2017
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TED TALKS NGOZI OKONJO-IWEALA TRADE, NOT AID
tunities in others –Okonjo-Iweala asserts that there are plenty of countries in Africa that have stable and growing economies and the world should not ignore them. As she states, ‘[t]he best way to help Africans today is to help them to stand on their own feet. And the best way to do that is by helping create jobs’. And Okonjo-Iweala knows what she is talking about: she served as Nigeria’s Finance Minister (twice) and Foreign Minister, the first female to hold either position. Her ministership was dominated by her advocacy for good governance and transparency in government. She spearheaded projects to wipe out ghost workers from the Nigerian government and to publish the state’s finances in the media. When she wasn’t holding top positions in Nigeria, she was working at, and was once considered a presidential candidate for, the World Bank. And she talks about her home country, Nigeria, as a case to exemplify the changing tides of African economic prospects. In 2003, corruption watchdog Transparency International regarded Nigeria as the most corrupt place on earth. Under Okonjo-Iweala’s leadership, the country of 140 million people received its first ever sovereign credit rating in 2006, reassuring investors of Nigeria’s economic and political stability and potential for economic growth. 37
Genevieve lai / llb 3rd year Similarly, she shares the anecdote of Diepreye Alamieyeseigha, a former governor of one of the states of Nigeria. In 2005, he was arrested by the London Metropolitan Policy for transferring over $8 million for himself and his family. Somehow, he escaped to Nigeria because, under the Constitution, governors enjoy immunity from prosecution– however the will of the people was so forceful that the state impeached and incarcerated him. This, according to Okonjo-Iweala, illustrated that Africa is no longer tolerant of the rampant corruption that had taken place and that Africa was, and is, ready for economic opportunities if other countries are ready to participate. Okonjo-Iweala’s TEDTalk reflects her passionate belief in the existing potential and opportunities of Africa. She is unapologetic in asserting Africa’s ability to help itself – that soon there will be a time when there is no need for foreign help and that ‘those who miss the boat will miss it forever’. Africa no longer needs help, it needs partners
oslo exchange e Velkommen til Oslo!
You are probably reading this full of dreams and doubts about your exchange location! Well, it is only for you to take this decision. Take it from a person who had no idea where she wanted to go until before sending in the application. On the 3rd of August when my friends were still chasing the waves on sunny beaches, I was starting my exchange period in Oslo. My adventure in Norway began with long hours spent in the Schiphol Airport following the ever-changing screens. My first impression was that Oslo is an extremely clean and somehow quiet city. I loved the scenery from the first step out of the train. Everything went very smoothly with the housing so basically I picked up my keys and within two hours from my arrival I was set up in my new room. Imagine that from my student house I took the metro and within 15 minutes I was hiking in the middle of nature. Now let’s get to the serious part. All the courses that I took were at a Master level, each one was 10 ECTS as required by RUG. Firstly, the curricula for Intellectual Property (IP) Law in the Information Society offered an overview of IP laws worldwide with an
emphasis on how they apply in the digital world. Secondly, the course Electronic Communications Law was very different from what I studied in Groningen and required a general understanding of how the technology of communications functions. The assessment for these courses was a 4h exam and a mid-term paper. Thirdly, I took Internet Governance which is a very interesting course in the sense that it calls for a true curiosity about the Internet and how it is “regulated”. In order to pass this course, a 4000 words paper was required. The teaching style is quite similar to the Netherlands and I regarded the professors as a bit more approachable. I believe that this is mainly because students from the aforementioned courses prepared for exams in the library of the Norwegian Research Center for Computers and Law which is where the professors have their offices. The general atmosphere was great; we were all sharing course notes and helping each other through study groups. The University of Oslo is hugely well-organized and flexible. I did not encounter any major issues and everything was quickly and efficiently resolved
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experience Elena Radu / alumni through a great collaboration between the home and host universities. In case you were wondering whether there was a fun part, you will not be disappointed. One of the most exquisite experiences I embarked on (literally!) was the boat trip organized by ELSA Oslo during the Introductory Week. In short, for four hours we were eating shrimps in the Norwegian style as taught by local students, admiring Oslo from afar and listening to live music. Another impressive event was the
cabin trip, for two days, a bunch of international and Norwegian students cooked together, laughed, took part in drinking games and lots of dancing and last but not least, enjoyed a sauna session. All of this happened in a cabin which was all ours somewhere in the middle of the woods and the funniest part was that we had to walk for 30 minutes through mud on the mountains! From my perspective, Oslo is not your average capital city. It is not very crowded and you can observe a cultural diversity but not to the same extent as in 39
Amsterdam, for instance. An adequate exemplification of the variety can be observed in Grünerløkka which is a hip neighborhood with nice clubs and live acts. As expected, Norway is expensive and sometimes you may get bored of eating the same thing every day. The fun fact is that, price-wise, salmon is the most accessible meat and you can buy affordable groceries at the market in Grønland which can be easily reached by metro.
All in all, looking back one year later, I am happy that karma brought me to Norway. Ultimately, I ended up following my LLM program here. As a former board member, I would like to thank NEXUS for providing me with the opportunity to share my impressions from my experience. It was a pleasure to hear from current students at RUG and to discuss from the alumna position!
WILL HE MAKE
AMERICA
GREAT AGAIN?
tam poghosian llb 1st year
o
n the 9th of November the whole world was shocked at the Donald Trump win of the US presidential race. Everyone was surprised as everyone was predicting a big Hilary Clinton win. He did not win because Hilary Clinton was a bad candidate. There are other reasons behind his victory. If we look at the ideas that Trump supported, we will not be very surprised by his victory . It is important to remember that for 8 years there has been the same party in the White House. People are looking for a change and this is the starting point of Trump’s victory. Trump was supported by those individuals who were insecure and wanted to improve their lifestyle. During his campaign, he always emphasized the phrase ‘Make America Great Again’. This is a constant reminder to the general public that there are economic, political and other issues that concern security. In this phrase the word ‘Great’ implies both economic success and power that helped Trump gain the attention of the public. So what are some of the other ideas that helped Trump win over the votes? Trump is any conflicts or wars. He believes in legitimate and peaceful government not only in the US, but also worldwide. Now, of course this is one thing that people want! He filled people with hope, he promised that he would be a Great Unifier. People are happier when they feel more patriotic and less divided. Trump knew that by simply making everyone feel that he will unify them as a nation and make them feel that they are ‘on the same team’, will make people vote for him.
There are many other reasons behind Trump’s victory. It is important to remember that people voted for him because he gave Americans what they wanted. So my question to you is: Do you think that he will be able to achieve his promises? Will he stand by his words to unify the people and make America Great Again? 40 Winter 2016/2017
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Erez Roman llb 1st year 41
ith Donald Trump as the President-elect of the United States of America, much change will surely come. However, how much change that will be, and the degree with which Trump will follow his campaign promises and policies is another matter. It was indeed a surprising outcome, but it cannot be denied that Trump appealed to a part of the population that wants change within the State, and he did so with policies that “hit home� for a large number of the American people. For example, focusing on contemporary problems such as the migrant crisis or ISIS, he convinced many to vote for him because of what he has to offer, while what he offers is exactly what the people
would find ideal for themselves in a nationalistic perspective. Nevertheless, I feel that while Trump may be able to achieve certain promises, I cannot say the same with certainty for all of his promises. Although the presidential position is by no means insignificant, the powers associated with it are also not unlimited. Congress also has much influence, and although the President does hold a veto power, this too can be challenged if the required majority of both houses of Congress is met, for example. Moreover, and as regards Trump’s true intentions of achieving his policies, I think that his words here should also be taken with a pinch of salt. Of course he will aim to do as he promised, but one must not forget that there is a difference between
campaigning and running a world super power. Although he cannot completely act contrary to his promises, I feel that pressures and realities of the job at hand will make certain promises difficult if not impossible to achieve. Therefore, although it was indeed a surprise that Trump is now the President-elect, I am not convinced that he will maintain his prom-ises with the full conviction with which he conveyed them while campaigning. Perhaps this is naivety, but perhaps also an optimistic perspective for it is not only the United States that will reap the consequences of this election
am very disappointed with the events of the election, I was especially shocked with President Elect Donald Trump’s win. Though not an American citizen myself, I have been supporting Hilary Clinton throughout this election and was expecting her to win by a landslide. Personally, I found her a much more suitable candidate for president because of her contributions and experiences within the American political system.I am not at all happy with America’s choice of President in this election and have disagreed with President Elect Trump’s policies, I am worried for the future of the nation. It is a new leaf for America, a new leaf full of uncertainty. After getting a glimpse of Trump’s 100 day plan, I fear that the next Bhavna Prashanth llb 1st year four years will be four very long ones. I hope that America will stay strong during these unsettling times and together as nation show that America has always been great
i
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Finally, we would like to thank all the contributors, helpers and readers for making the completion of this magazine possible. We are making the magazine for you and therefore we appriciate any feedback, collaboration, input and comments in order to keep producing magazines that you want to read, so, please be in touch! nexus magazine committee
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