Tag Archives: governance

The Kioble case is dismissed in the Supreme Court

In a unanimous ruling this past Wednesday, the U.S. Supreme Court dismissed the Kiobel case against Shell in Nigeria. The Kiobel case was filed by Esther Kiobel, the wife of a former activist, and alleges that Shell collaborated with the Abacha regime to violently suppress oil reform activities in the 1990′s.  The case brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention.

CorpsWatch argues that the ruling effectively blocks other lawsuits against foreign multinationals for human rights abuse that have occurred overseas from being brought in U.S. courts. Kiobel v. Royal Dutch Petroleum Co. (Shell) was brought under the Alien Tort Statute (ATS), a U.S. law dating back to 1789, originally designed to combat piracy on the high seas – that has been used during the last 30 years as a vehicle to bring international law violations cases to U.S. federal courts.

Lawyers began using ATS as a tool in human rights litigation in 1979, when the family of 17-year-old Joel Filartiga, who was tortured and killed in Paraguay, sued the Paraguayan police chief responsible. Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. Almost 100 cases of international (often state-sanctioned) torture, rape and murder have been brought to U.S. federal courts to date under the ATS. The new ruling limits the law to U.S citizens and entities.

“Corporations are often present in many countries and it would reach too far to say mere corporate presence suffices,” wrote John Roberts, the chief justice of the Supreme Court, in the majority opinion. “There is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.” Stephen Breyer, another of the nine judges, agreed with Roberts in the decision but left the door open for some lawsuits. “I would find jurisdiction under this statute where (1) the alleged tort occurs on American soil, (2) the defendant is an American national, or (3) the defendant’s conduct substantially  and adversely affects an important American national interest,” wrote Breyer in a separate legal opinion. “(T)hat includes a distinct interest in preventing the United States from becoming a safe harbor (free of civil as well as criminal liability) for a torturer or other common enemy of mankind.” Shell – in Breyer’s opinion – did not qualify as a U.S. entity. “The defendants are two foreign corporations. Their shares, like those of many foreign corporations, are traded on the New York Stock Exchange,” Breyer wrote. “Their only presence in the United States consists of an office in New York City (actually owned by a separate but affiliated company) that helps to explain their business to potential investors.”

Other such cases have been filed against Chiquita and Halliburton. Chiquita was sued by surviving victims of brutal massacres waged by right-wing paramilitary squads in Colombia. The paramilitary, who killed thousands of civilians during Colombia’s dirty war of the 1980s and 1990s, were on Chiquita’s payroll in the 1990s. Now-U.S. Attorney General Eric Holder defended Chiquita in the case and won a plea bargain for them of $25 million and five years of probation. Kellogg, Brown and Root, a former subsidiary of Halliburton, has also been sued under the ATS for allegedly trafficking 13 men from Nepal to Iraq against their will to work on U.S. military bases. The men, 12 of whom were killed, believed they were going to work at hotels in Jordan and elsewhere.

The Obama administration backed Shell last June after abruptly changing sides. In its submission the Justice Department urged the Supreme Court to dismiss the suit against Shell. The brief’s authors stated that the ATS was not appropriate for Kiobel or other lawsuits involving foreign corporations accused of collaborating in human rights abuses with a foreign government outside U.S. territory. U.S. courts “should not create a cause of action that challenges the actions of a foreign sovereign in its own territory, where the [sued party] is a foreign corporation of a third country that allegedly aided and abetted the foreign sovereign’s conduct,” the Justice Department wrote.

Many activists say that the decision will set back human rights causes. “This decision so severely limited a law that has for decades been a beacon of hope for victims of gross human rights violations,” says Elisa Massimino, president of Human Rights First, a New York based NGO. “Abusers may be rejoicing today, but this is a major setback for their victims, who often look to the United States for justice when all else fails.  Now what will they do?” However, other lawyers drew a measure of hope from the fact that the Supreme Court decision did not exclude all lawsuits against multinationals overseas in U.S. courts.

 

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP)

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP).

The Economist’s Take on Recent Reforms in West Africa

Bye-bye Big Men

Governance in much of Africa is visibly improving, though progress is uneven

Infrastructure meets tradition

LEAVING THE IVORIAN commercial capital, Abidjan, at 7am, you run straight into what is known as the civil-servant rush hour. The president has decreed that administrators must be at their desks by 7.30am, and most are. A Western ambassador says disbelievingly, “If you are five minutes late for a meeting, you have missed the first five minutes.” Having travelled to the office on elevated dual carriageways, civil servants leap into lifts and ride up to their desks on the upper floors of modern glass towers. Some sneakily keep an iPad or some other electronic gadget with which to while away the time.

Governance in Côte d’Ivoire is rarely as good as it looks. Bribes still solve problems faster than meetings. The opposition spitefully boycotted the most recent elections. Deep cleavages run across the political landscape. And yet the national accounts are in order, debts are coming down and new roads are being built. This is the picture in much of Africa. The allocation of power is becoming fairer and its use more competent, as in Ghana, though there is much more to do, especially in resource-rich nations like Nigeria.

African governments are beginning to accept the importance of good governance, not least for improving the lot of the poor. Rulers travelling on presidential planes strut their stuff at the World Economic Forum in Davos and declare their undying interest in “capacity-building”. Behind the jargon a remarkable change is taking place. The default means of allocating power in Africa now is to hold elections, and elections are generally becoming fairer. Sceptics rightly bemoan voter fraud and intimidation, and plenty of polls are still stolen. But the margins of victory that autocrats dare to award themselves are shrinking. Indeed, quite a few have discovered, in forced retirement, that by allowing notional democracy they have started something they cannot stop.

Until 1991 it was almost unknown for a ruling party to be peacefully ousted at the polls. Since Benin ticked up a first in that year it has happened almost three dozen times. In many countries such an event cements tentative gains, as it did in Ghana in 1992 and again in 2000. Crossing the border from Côte d’Ivoire into Ghana, the visitor immediately becomes aware that democratic expression here is unrestrained. An election is under way and supporters of the ruling party and the opposition cheerfully line one side of the road each, holding megaphones and waving banners. Opinion polls put the two main parties neck-and-neck even though the present government has achieved impressive economic growth: GDP increased by 14% in 2011.

After a few hours on the road, just past the city of Takoradi, the country’s economic turbo-charger comes into view. Pipelines run along the road and diggers make huge holes for storage tanks. A vast oilfield has been found nearby, but celebrations were muted. Ghanaians know that a resource bonanza can be dangerous and politicians may get greedy, so administrators are now being trained in handling a large influx of oil revenues. At a leafy campus with neatly trimmed grass on the outskirts of Accra, the capital, they learn about transparency, accountability and the intricacies of transfer pricing.

This stuff matters. Some of the biggest obstacles to better governance are not murderous tyrants but a lack of bureaucratic competence and a divided opposition. Ageing autocrats die eventually, but bad habits will not go away of their own accord. Robert Mugabe, Zimbabwe’s dictator, now aged 89, could be deposed if rivals, with whom he has been forced to share power since the most recent election, were better at their jobs. Still, in neighbouring Zambia opposition politicians outmanoeuvred a tired government in 2011 and took office.

Luckily, competence is on the rise in Africa. White elephants are still being created, but are now generally designed to serve larger and more inclusive groups of people. South Africa’s football stadiums built for the 2010 World Cup (pictured) are in that category, as are many new dams and airports.

Politicians and officials are learning new skills to run such projects. It is hard to quantify the change, but traipsing in and out of ministries across the continent builds up a measure of confidence. There are plenty of shortcomings and allegations of corruption, but in a fair number of African countries the bureaucracies are not far behind standards in, say, India.

Transport management in particular has become much better. A bus ride from Accra across three African borders in one day is instructive. Departing at sunrise, the 15-seater easily crosses into Togo where it passes well-run port installations and warehouses. An hour later it arrives in Benin. The driver ignores the outstretched hands of traffic policemen. After a few more hours the bus reaches Nigeria amid throngs of packed lorries on their way to Onitsha, Africa’s largest market. Most of the bus passengers are professionals, including several telecoms engineers who commute weekly. All four countries have sensible transit policies and trade actively with each other.

White elephants are still being created, but now generally for larger and more inclusive groups of people

What has brought about this change? Across Africa both voters and leaders are better educated than they were even half a generation ago. Many of those in power are the first in their families with a university degree. Standards of political debate have risen thanks to better schools, modern media and the return of diaspora members who bring new ideas with them.

One lesson in particular seems to have sunk in: the need for solid and durable institutions. In the past, good practice all too often lapsed quickly after a change of incumbent. Foreign advisers ram home the need for institution-building. “Everyone is nagging us about it, from TB to Mo,” says an Oxford-educated official, referring to Tony Blair, a former British prime minister who now runs an African governance initiative, and Mo Ibrahim, an Anglo-Sudanese telecoms billionaire who awards prizes for political leadership.

Size matters here. Benin is nicely democratic—it has more political parties than cities—but with a mere 9m people it carries little weight. Nigeria, on the other hand, has 160m, so along with Kenya and South Africa it sets the tone in regional meetings and institutions—and it still struggles to get things right. When the parliament’s speaker needed a bit of extra cash before leaving office in 2011 (on top of more than $1m a year he got in pay and expenses) he gave himself a $65m government loan. He was charged but later acquitted.

Nigeria is famous for corruption, yet at issue is more than thievery. Members of the elite systematically loot state coffers, then subvert the electoral system to protect themselves. Everybody knows it, and a few straight arrows in the government talk about it openly. Perhaps half the substantial (but misreported) oil revenues of Africa’s biggest oil producer go missing. Moderate estimates suggest that at least $4 billion-8 billion is stolen every year, money that could pay for schools and hospitals. One official reckons the country has lost more than $380 billion since independence in 1960. Yet not a single politician has been imprisoned for graft. The day that Nigeria works properly, the battle for Africa’s future will have been won.

One step at a time

Such an outcome is not inconceivable. Take Lagos, the commercial capital, long a byword for chaos and skulduggery. The bus from Accra inches forward on an eight-lane bridge in dense traffic. The last 30 miles take longer than the previous 300. The city is choking. Roads jam up daily. Commuters sometimes sleep in their cars. Businessmen schedule at most two out-of-office meetings a day. Built on a swamp by the Atlantic, Lagos spreads out unplanned. Two out of three residents live in wooden slums. Already home to 20m people, the city is expected to double in size within a generation. When most of the public infrastructure was built in the 1970s, the population was perhaps 2m.

But help is on the way. The governor of Lagos, Babatunde Fashola, has begun an impressive campaign to clean up the city. Yaba bus station, where the bus eventually arrives at 9pm, used to be full of pickpockets and rowdy vendors. Now there is an orderly queue for taxis. The Chinese are building a vast urban rail network. Public buses have been assigned separate lanes. When the governor heard they were being used by unauthorised vehicles, he strode out one morning and made a citizen arrest of a stunned colonel.

The governor is playing to the crowd, but why not? The transformation of Lagos is worth trumpeting. Its economy is now bigger than the whole of Kenya’s. Tax revenue has increased from $4m to $97m a month in little more than a decade. Tax rates have stayed the same but the amounts being collected have risen dramatically thanks to the deployment of private tax “farmers” who get a commission.

Better governance is creeping beyond the metropolis. When your correspondent e-mails the governor of Ekiti state in impoverished central Nigeria he gets a reply within minutes, with the entire cabinet copied in and being told to assist with a visit. After a six-hour drive north, seven interviews across the capital, Ado Ekiti, are arranged in the space of a few hours. Cabinet members are mostly foreign-educated and highly motivated and have private-sector experience. A new employment agency sends out job advertisements by text message. All secondary-school pupils are getting free laptops with solar panels. All civil servants, including teachers, are tested annually; those who fail stand to lose their job.

To be sure, this sort of governance is still the exception. A visit to the capital, Abuja, another six-hour drive north flanked by red earth dotted with filthy shacks, is sobering. The seat of government moved here two decades ago to escape swampy Lagos; now it is as chaotic as the former capital. A programme to subsidise fuel alone cost the government $6.8 billion in theft in three years (on top of the billions wasted on the market-distorting subsidy itself). Shady deals between officials and oil companies have swallowed an estimated $29 billion in the past decade. Yet more than half of all Nigerians live on less than $1 per day and get almost no electricity because the grid has collapsed.

Still, even Abuja is not without hope. Inside gleaming ministerial palaces dotted along new ring roads a band of reformers is at work. They are in a minority, but seemingly fearless. The central-bank governor has started cleaning up the financial sector. The finance minister, Ngozi Okonjo-Iweala (who recently published a memoir entitled “Reforming the Unreformable”), is reducing fuel subsidies and thus the scope for theft. A special task force in the president’s office is privatizing electricity assets. The reformers have encountered strong opposition, as much from an understandably suspicious public as from the wily crooks who stand to lose out. The good guys are winning, but it will be a long time before they triumph.

Renewed attention to the Biafran Conflict

The BBC has reported that at least 100 people have been charged with treason in south-eastern Nigeria after a march supporting independence for Biafra, their lawyer says. Igbo members of the Biafran Zionist Movement (BZM) declared independence from Yoruba- and Haused-dominated Nigeria, raised the Biafran flag and then marched through the region’s main town of Enugu over the weekend, the Igbo stronghold during the Biafran War. Most of those arrested were young men, many sons of former Biafran fighters, but some were veterans of the war themselves. They were all remanded in custody.

More than one million people died during the 1967-70 Biafran conflict – mostly from hunger and disease. Political scientists debate whether the term “war” accurately describes the conflict. To be a “war” a certain percentage of deaths must occur on each side, and nearly the all the deaths occurred among Igbos and nearly all were due to the national government and its allies cutting off food and medical supplies to Igbo communities.

The BZM first gathered on Sunday to mark the birthday of former Biafran leader Chukwuemeka Ojukwu, who died in November 2011 and was buried in Enugu in March. His burial revived some cries for independence. The BBC (from Lagos, and not Enugu mind you) says that 45 years after the Biafran flag was first raised – an action which sparked Nigeria’s civil war – a small number of separatists still keep their dream alive, despite the threat of being charged with treason.

Biafran War 1967-1970

map
  • 1960: Nigeria gains independence from the UK
  • 1967: South-eastern portion of Nigeria secedes as Republic of Biafra on 30 May
  • Biafra dominated by Igbo ethnic group
  • Home to much of Nigeria’s oil
  • Nigerian army blockades Biafra and more than a million people die through famine, disease and fighting
  • 1970: Biafran government surrenders

Some recently released books and films have increased attention to Biafra. The war has been put back in the spotlight as the renowned Nigerian writer Chinua Achebe, arguably the greatest male writer in Nigeria with Wole Soyinka, has just released his memoirs of the conflict. Igbo-American Chimanada Adichie’s amazing novel  Half a Yellow Sun is being made into an American film, as this traumatic period of Nigeria’s history is set to reach a wider audience. The title refers to the flag created for the shortly independent republics of Biafra. The film stars Thandy Newton and was filmed primarily in Calabar, with my friends working as extras on set. Far less impressive, the Jeta Amata’s movie Black November is soon to be released starring Mickey Rouke, Viviva A. Fox, and Kim Basinger, which is an effort to take Nollywood mainstream to Hollywood.  Based on the ridiculous trailer I almost hope no one goes to see the unrealistic portrayal of the oil conflict. Oil was a key impetus to the start of the Biafran War and control over reserves undergirded much of the struggle over Nigerian territory in the late 1960s, but I doubt the average viewer will think enough about the movie to be able to link natural resources to conflict.

Pro-Gbagbo Rally Outside of the International Criminal Court

Laurent Gbagbo, Président de la République (Cô...

Last week was historic for the International Criminal Court. It marked the pre-trial of the case against Laurent Gbagbo, the first former head of state to ever face charges in the ICC. I arrived on Tuesday simply hoping to see the inside of the building, but instead spent the afternoon watching demonstrators clash with Dutch police, and each other.

I was familiar with the Gbagbo case before I arrived and it was a simply a coincidence that my visit coincided with the first day of his pre-trial, which he did not attend. I knew that Gbagbo was installed as President of Cote d’Ivoire in 2000 and was in power during the 2002 civil war that split the country into politically contentious north and south regions. He served for a decade, based mostly on his continual stalling of his second election, and when Alassane Outtara was declared the winner of the 2010 elections Gbagbo refused to step down. He and his supporters argued that Outtara rigged the election (which is really hard to do unless the candidate is the incumbent) and Gbagbo swore himself into office again, despite that international observers called the voting more-or-less fair and that Gbagbo had already serve the equivalent of the constitutional limit of two five-year terms. Cote d’Ivoire became an even more volatile place in November 2010 when both Gbagbo and Outtara began to use violence to ensure their respective presidencies. The post-election conflict received the most media attention when a mass grave was discovered containing the bodies of known Outtara supporters.

According to the Case Information Sheet on “Situation in the Cote d’Ivoire: The Prosecutor v. Laurent Gbagbo” provided to me at the ICC’s front desk, pro-Gbagbo forces purportedly used widespread and systematic attacks against specific ethnic or religious communities that were supporting Outtara. The ICC is alleging that murder, rape and other sexual violence, persecution, and other inhuman acts were committed over an extended time period and over large geographic areas (I’m using the ICC’s wording). Gbagbo is being called an indirect co-perpetrator for four counts of crimes against humanity. Although Cote d’Ivoire is not party to the Rome State that founded the ICC, it accepted its jurisdiction in April 2003, which was ironically under Gbagbo’s regime. Outtara reconfirmed the country’s acceptance of this jurisdiction and at the end of last year the former President was arrested in the capital of Abidjan and transferred to The Hague. He has been fit to stand trial, and after being found indigent, the Court has borne the cost of his Defense.

Based on the violence that has occurred in Cote d’Ivoire over the last decade and the 2010 election strife, I was not totally surprised to see a rally outside the ICC on Tuesday. I became confused though when I approached the demonstration to see participants wearing t-shirts saying “Free Gbagbo” and holding banners calling Gbagbo a political prisoner. I initially assumed the 200+ demonstrators were there to see justice served against a tyrant, but on the contrary, they were loyal to Gbagbo and had come to support him.

I spent an hour or so talking with various protesters. Although a good number lived in the Netherlands, most seemed to have come from all over Western Europe, telling me they spent the night on buses from London, Paris, Berlin, and Milan to attend and would turn around and get back on the bus that same afternoon. I heard a litany of reasons for their presence there, with the most simple being that Gbagbo was a family friend or that he was born in the same community as the protester. Some said they came out because they felt he would be a better ruler than Outtara, while others felt he had been a scapegoat for an out-of-control military that acted of its own accord. Many voiced anger that Gbagbo’s inner circle have all been imprisoned under Outtara, including the former First Lady Simone Hehivet Gbagbo, his son, Michel Gbagbo, and former Prime Minister Pascal Affi N’Guessan. Many chanted about one-sided justice, in which both sides had committed violence yet only Gbagbo was arrested. I was handed a leaflet calling the 2010 election a France-backed coup, a form of neocolonialism. A different leaflet I received showed graphic photos of dead bodies from a massacre that allegedly occurred on July 20, 2012, captions stating that Ouattara used the military to burn opponents alive and that he had established concentration camps. Another Ivorian-French man at the rally gave me an information sheet that had nothing to do with the 2010 election violence at all, but rather was demanding an answer as to who was responsible for the November 2004 bombing of a French military camp in Bouaké, which killed 9 French soldiers, one American civilian, and injured 38 others. The pro-Gbagbo demonstration simply gave him an audience and platform he needed to get his message across.

Here is some footage I took of the rally in its early hours when it was at its calmest:

 

Discussion on Boko Haram [video]

This video link is to a frank discussion on the future of Boko Haram’s terrorism, and what it means to security and stability across the country.

Boko Haram

Here is quick coverage of the latest attack on a northern school:

Democracy Now’s Video on Kiobel

Along with same-sex marriage and affirmative action, the Supreme Court will re-examine the issue of the Alien Tort Statute (ATS) as means for foreigners to sue American corporation in U.S. courts. The new 8-month session began this week and the Kiobel case remains on the docket, in which 12 Niger Deltan petitioners are suing Royal Dutch Shell Petroleum. This case has been discussed in previous posts here.

Can Kenya make the “youth bulge” a source of strength, not a threat?

Reblogged from Africa Health Dialogue:

Click to visit the original post

Population momentum: Fertility rates fall, but global population explosion goes on

The reality of falling fertility rates while global ‘population explosion’ goes on is depicted in the Figure above. The relentless growth in population might seem paradoxical given that the world's average birth-rate has been slowly falling for decades. Humanity's numbers continue to climb because of what scientists call population momentum.

Read more… 660 more words

Falling birth rates across the world, some more than others

I am currently in Italy analyzing the field data I gathered last year in the Niger Delta.  The transition has clearly been challenging, as I am re-adjusting to being a place with clear rules, and where I can spend more time being professionally productive and less time “surviving,” e.g. finding potable water, clean food, sources of electricity, etc.  However, one of the more startling thoughts I had my first week here occurred to me when I was roaming through the streets of Florence among a sea of silver-haired adults. I realized that I was only seeing perhaps one baby per day during my daily commute, and almost all of them were with mothers who had clearly immigrated to Italy from another country.  I asked myself, “Where are all the babies?”

In subsequent research, I have learned that Italy has the second lowest birth rate in Western Europe this year, at 1.4 children per woman. The CIA World Factbook, a reliable statistical source, says:

A rate of two children per woman is considered the replacement rate for a population, resulting in relative stability in terms of total numbers. Rates above two children indicate populations growing in size and whose median age is declining. Higher rates may also indicate difficulties for families, in some situations, to feed and educate their children and for women to enter the labor force. Rates below two children indicate populations decreasing in size and growing older. Global fertility rates are in general decline and this trend is most pronounced in industrialized countries, especially Western Europe, where populations are projected to decline dramatically over the next 50 years.

In stark contrast, Nigeria has a birth rate of 5. 38 children per woman, almost four times that of Italy. Nigeria has the 13th highest birth rate in the world, in country that is already the most populous in Africa. This average probably would show a stark contrast between low rates in major cities and high ones in villages. As an anecdote,  the women I interviewed in rural areas typically said they had 6-9 living children.   Just from my observations, I recall that between 1/4 and 1/3 of rural Niger Deltan women I’d see would be carrying a pekin (baby) in a wrapper on their back. No wonder I noticed the missing babies here in Italy.

Italy’s low birth rate is coupled with a low mortality rate and longer expected life spans. The life expectancy in Italy is almost 82 years. Conversely, in Nigeria it is just over 51 years. Italians get 60% more life than Nigerians! Sub-Saharan Africa is experiencing a youth bulge and has been for decades; it is one of the driving explanations for ongoing violent conflicts in the region.  Europe, Asia and Russia do not even have replacement birthrates. While African governments struggle with feeding, educating and housing booming populations, Europeans and Asians are worried about who will pay into the social security necessary to care for aging populations.

The stress of the youth bulge: Lots of young people without older ones to help ensure stability.

Sociologists and economists hypothesize that the poor financial state Italy, Spain, and the U.S. are the reason for plummeting birth rates in those countries, but I will add a caveat.  In modern industrialized countries, I will buy the argument that people have less babies during times of economic strain, because in those societies children are financial burdens.  However, birth rates in developing African countries remain high because children there are not just burdens, they are also viewed as labor for rural families.  In agricultural areas, it makes just as much sense for families to actually produce more children during times of economic hardship, under the belief that they children’s labor will overall produce more resources than the children will consume. This is the reason that I don’t buy the historical argument I have read that the American birth rate in the U.S. went down during the Great Depression because of economic conditions; at that time, as is true in rural Africa today, children could create capital through their labor. The relationship between birth rates and the economy is not so clear to me.

Have any thoughts on this?

Italy’s population

Nigeria’s population

Sons of Iraq vs. Niger Delta Amnesty Program

I have been in correspondence with a Polish conflict researcher who has asked me some interesting questions about the Niger Delta Amnesty Program (NDAP) and that in Iraq, called the Sons of Iraq. Drawn from the Awakening Council, the Sons are Sunni former insurgents in Anbar Province who have been paid stipends by the U.S. military and the Iraqi government to now maintain security against both Shiite and Sunni militants who are still fighting against the American occupation and the new Iraqi political leadership. Although it would seem counter intuitive to arm and pay fighters who had been attacking American forces, the Bush administration reasoned that this tactic would both reduce the number of anti-American militants and help curtail the strength of Shiite forces backed by Iran.

 

Son of Iraq on patrol.

 

Niger Delta Amnesty Program

 

There are similarities between the two efforts.  Both in Nigeria and Iraq the governments have created “jobs for the boys” programs that aim to turn insurgents into members of a citizens’ patrol, from aggressors against foreigners and the government to defenders of them. Also, both programs are prone to immense instability and fraction, but for different reasons as I explain below.

However, I see immense differences in comparing the Sons of Iraq and the NDAP.  These variations between the two seem to be based on 24 years of stable dictatorship, the presence of the American military, the suddenness of political instability, and over millennial religious tensions in Iraq, all of which are not conditions found in Nigeria.  In contrast, Nigeria’s political history is one of perpetual coups and constant abnegation of foreign interference, and is defined almost solely by its status as an oil state suffering from the resource curse. Some differences that I can note:

1. Iraqi Sons are ideologically and religiously motivated in (large) part. The Sons must battle anti-American Shiites on a large-scale, and there is also infighting between pro-American Sunnis and suspicious-of-American Sunnis within the employment program itself. ND rebels today are not ideologically nor religiously motivated in that same way, but fight to steal oil and kidnap to get money. As opposed to the Sons, ND militants are more like a mafia that uses violence to make money, i.e. they engage in extortion. There would be security issues in Iraq with or without the Awakening, but ND rebels are the ones actually making the security problems to begin with. So, with that said, ND militants receiving Amnesty benefits are absolutely not maintaining any form of security like the Sons, but rather are being paid to stop stealing oil and committing violence. As one of my interview subjects aptly phrased it, “It reduces crime and since we have the money, it is OK.  You pay them to reduce the violence in the country.” In Nigeria, there is perhaps a price on peace.
2. Transparency: Presumable Awakening fighters trust that U.S. forces will pay them when promised, and the program is comparably fiscally transparent. One of the reasons that Nigerians are suspicious of the NDAP is that a) the government cannot be trusted to pay fighters as on time or even at all, and b) exact amounts being transferred are unclear, so there is probably much more corruption in the ND program in Nigeria than that in Iraq.

3. I don’t know exactly how the U.S. pays fighters in Iraq, but a big problem in Nigeria is that the most violent kingpins like Tompolo and Dokubo are being paid huge sums, and then very little is actually being given directly to lower-level fighters. In Iraq I suspect there is more equity in payment amounts among various fighters but in ND the money is concentrated in few hands, and that creates problems when lower-level fighters feel a sense of unfairness that leads to greater violence.

4. In Iraq there is a clear enemy that the U.S. and the U.S.-installed government hope their employment program will weaken: Al Qaeda.  In contrast, there is no clear enemy in the Niger Delta Amnesty Program for participants to battle, as the biggest threat is the factitious insurgency itself, the very men being paid and trained in the program.

5. As reported several years ago, the most salient concern for the U.S. and the Iraqi government is that the Sons of Iraq program may backfire and end up just giving newer and better arms to former insurgents who could do an about-face, thus fueling a prolonged civil conflict to a greater degree. They have publicly stated that a priority is disallow the Sons to gain enough power to become an independent authority, which was a possibly after the U.S. made the mistake of disbanding the Iraq military after its invasion. However, although ND militants have firepower that competes with that of the Nigerian military, insurgents there do not seem to have the desire to overtake the military particularly. Relinquishing arms is a large part of the NDAP mandate, with the goal that former fighters gain training abroad to come home as welders, electricians, carpenters, etc. In Iraq the participants receive training to become better fighters against threats to security in Andar, not to have a professional trade that would benefit them after the war ends.

This leads one to wonder about what all the Sons of Iraq (and NDAP participants) will do once  their stipends dry up.  Years of fighting, and being trained to do so, often do not translate into stability for soldiers when a conflict ends.