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In the years ahead, a rainbow flag divide is going to emerge within East Africa, By Charles Onyango-Obbo

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Going into this week, Uganda already had the most severe anti-homosexuality law in the East African Community, punishing the “unnatural act” with up to life imprisonment.

On Tuesday, a fully charged Parliament passed a controversial new law that raised the stakes, providing death as the penalty for “aggravated homosexuality.” By so doing, Uganda set itself apart from an already fairly homophobic East Africa, throwing its lot with Nigeria, Mauritania, Sudan, and Somalia as the only countries in Africa where homosexuality is punishable by death.

East African national and state attitudes toward lesbian, gay, bisexual, transgender, queer, questioning, intersex, and asexual (LGBTQIA) rights present a mixed bag. One would have expected that the country that is most locked into the global economy, Kenya, would have the most liberal legal regime on LGBTQIA rights. No. In the statute books, homosexuality is criminalised in Kenya, but in practice, gay people have more public wiggle room. The courts have expanded their rights based on a liberal reading of the country’s progressive 2010 Constitution.

In late February, the Kenyan Supreme Court ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) be allowed to officially register as a non-governmental organisation, ending a ten-year legal battle.

New anti-gay crusade

As in Uganda, the ruling aroused politicians and church people to launch a new anti-gay crusade in Kenya. This disparate picture also makes it hard to locate common factors driving homophobia. It can’t be the level of corruption. Rwanda is the least corrupt EAC country, but its legal regime on gay rights is at the same level as DRC’s, which is struggling at the bottom, with Burundi and South Sudan for the most corrupt title. Uganda wouldn’t be the most punitive because it is not the most corrupt EAC nation.

It can’t be underlying attitudes toward transactional sex. If it were, South Sudan and DRC, where prostitution is legal, would have the most liberal laws towards homosexuality. In fact, the irony here is that in Uganda, Kenya and Tanzania, where prostitution is illegal, it is more widespread than in the EAC countries where it is legal.

Political and social crises

What seems to explain the level of homophobia are political and social crises. Deep political fractures, as in Kenya and Uganda, tend to produce big anti-LGBTQIA moments because homophobia is a great bipartisan issue. The anti-gay clamour in Kenya produced a brief and rare consensus between the country’s bitterly warring political factions.

In Uganda, the frontline troops in the latest stringent law were from the opposition ranks. The two legislators who dissented on record against the bill were both from President Yoweri Museveni’s ruling National Resistance Movement (NRM), one his former legal adviser.

Uganda and the leading homophobe nations in EAC also face a social crisis, expressed in, for example, scandalously high teenage pregnancies and epidemics of defilement.

Least anti-gay hysteria

By contrast, Rwanda, where there is the least anti-gay hysteria currently, has the region’s lowest rate of teenage pregnancies.

Uganda also has the highest alcohol consumption in East Africa, and the illegal variety of the brew drunk by many in the country is wasting away hundreds of thousands of young lives.

To compound matters, Uganda is also undergoing the most far-reaching challenge to the traditional family and the closest thing you have to a subversive sexual revolution in East Africa today. The new anti-homosexuality bill, therefore, is a larger platform to organise a national morality comeback. In that sense, it is about something other than gay sex.

Married couple

This was signalled by the bill’s architect Asuman Basalirwa, a member of a minor opposition party in Parliament. Appearing before a committee set up to review his bill, he said the law needs to ban oral and anal sex between a married couple: “I have had an opportunity to speak to some counsellors; they have talked of incidents where a man is married to a woman and instead of using the normal address, is using the wrong address,” he said.

 “They said this aspect is lacking in the bill, and I want at this point in time to bring it to the attention of the committee that it should be considered,” Basalirwa added.

“Wrong address” was an expression coined by President Museveni to connote any other form of sex other than via the traditional heterosexual channels sanctioned by the Bible.

Future versions

Therefore, Uganda’s latest anti-homosexuality bill is by no means its last, at least not during the rule of President Museveni. Future versions, coming even as early as 2025, before Museveni goes for a record-shattering ninth term in office in 2026, shouldn’t be a surprise. They will likely address Basalirwa’s concerns about deviations in heterosexual marriages.

In a similar vein, a proposed bill on assisted reproductive technology requires a fertility centre to demand proof of marriage from a couple seeking its services. The bill thus effectively bans fertility treatment for unmarried people, who are seen as the scourge on Uganda’s moral purity.

Collectively, this will enable the aging political class to have a weapon against the new generation of younger politicians and their supporters, who will be cast as perverts who don’t honour the nation’s cultural codes.

In the years ahead, a rainbow flag divide could emerge within the region. With the more sexually open-minded East African capitals attracting global activities that don’t require one to pass an LGBTQIA test to attend, and those that are avoided by a sexually ambivalent global citizenry, afraid they might be hanged.

Strictly Personal

This Sudan war is too senseless; time we ended it, By Tee Ngugi

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Why are the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RPF) engaged in a vicious struggle? It is not that they have ideological, religious or cultural differences.

Not that people should fight because of these kinds of differences, but we live in a world where social constructions often lead to war and genocide. It is not that either side is fighting to protect democracy. Both sides were instruments of the rapacious dictatorship of Omar el-Bashir, who was overthrown in 2019.

 

Both are linked to the massacres in Darfur during Bashir’s rule that led to his indictment by the International Criminal Court for crimes against humanity. They both stood by as ordinary, unarmed people took to the streets and forced the removal of the Bashir regime.

 

None of these entities now fighting to the last Sudanese citizen has any moral authority or constitutional legitimacy to claim power. They both should have been disbanded or fundamentally reformed after the ouster of Bashir.

 

The SAF and the RSF are fighting to take over power and resources and continue the repression and plunder of the regime they had supported for so long. And, as you can see from news broadcasts, they are both well-versed in violence and plunder.

 

Since the fighting began in 2023, both sides have been accused of massacres that have left more than 30,000 people dead. Their fighting has displaced close to 10 million people. Their scramble for power has created Sudan’s worst hunger crisis in decades. Millions of refugees have fled into Chad, Ethiopia and South Sudan.

 

The three countries are dubious places of refuge. Chad is a poor country because of misrule. It also experiences jihadist violence. Ethiopia is still simmering with tensions after a deadly inter-ethnic war.

 

And South Sudan has never recovered from a deadly ethnic competition for power and resources. African refugees fleeing to countries from which refugees recently fled or continue to flee sums up Africa’s unending crisis of governance.

 

Africa will continue to suffer these kinds of power struggles, state failure and breakdown of constitutional order until we take strengthening and depersonalising our institutions as a life and death issue. These institutions anchor constitutional order and democratic process.

 

Strong independent institutions would ensure the continuity of the constitutional order after the president leaves office. As it is, presidents systematically weaken institutions by putting sycophants and incompetent morons in charge. Thus when he leaves office by way of death, ouster or retirement, there is institutional collapse leading to chaos, power struggles and violence. The African Union pretends crises such as the one in Sudan are unfortunate abnormally. However, they are systemic and predictable. Corrupt dictatorships end in chaos and violence.

 

Tee Ngugi is a Nairobi-based political commentator.

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Strictly Personal

Air Peace, capitalism and national interest, By Dakuku Peterside

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Nigerian corporate influence and that of the West continue to collide. The rationale is straightforward: whereas corporate activity in Europe and America is part of their larger local and foreign policy engagement, privately owned enterprises in Nigeria or commercial interests are not part of Nigeria’s foreign policy ecosystem, neither is there a strong culture of government support for privately owned enterprises’ expansion locally and internationally.

The relationship between Nigerian businesses and foreign policy is important to the national interest. When backing domestic Nigerian companies to compete on a worldwide scale, the government should see it as a lever to drive foreign policy, and national strategic interest, promote trade, enhance national security considerations, and minimize distortion in the domestic market as the foreign airlines were doing, boost GDP, create employment opportunities, and optimize corporate returns for the firms.

Admitted nations do not always interfere directly in their companies’ business and commercial dealings, and there are always exceptions. I can cite two areas of exception: military sales by companies because of their strategic implications and are, therefore, part of foreign and diplomatic policy and processes. The second is where the products or routes of a company have implications for foreign policy. Air Peace falls into the second category in the Lagos – London route.

Two events demonstrate an emerging trend that, if not checked, will disincentivize Nigerian firms from competing in the global marketplace. There are other notable examples, but I am using these two examples because they are very recent and ongoing, and they are typological representations of the need for Nigerian government backing and support for local companies that are playing in a very competitive international market dominated by big foreign companies whose governments are using all forms of foreign policies and diplomacy to support and sustain.

The first is Air Peace. It is the only Nigerian-owned aviation company playing globally and checkmating the dominance of foreign airlines. The most recent advance is the commencement of flights on the Lagos – London route. In Nigeria, foreign airlines are well-established and accustomed to a lack of rivalry, yet a free-market economy depends on the existence of competition. Nigeria has significantly larger airline profits per passenger than other comparable African nations. Insufficient competition has resulted in high ticket costs and poor service quality. It is precisely this jinx that Air Peace is attempting to break.

On March 30, 2024, Air Peace reciprocated the lopsided Bilateral Air Service Agreement, BASA, between Nigeria and the United Kingdom when the local airline began direct flight operations from Lagos to Gatwick Airport in London. This elicited several reactions from foreign airlines backed by their various sovereigns because of their strategic interest. A critical response is the commencement of a price war. Before the Air Peace entry, the price of international flight tickets on the Lagos-London route had soared to as much as N3.5 million for the  economy ticket. However, after Air Peace introduced a return economy class ticket priced at N1.2 million, foreign carriers like British Airways, Virgin Atlantic, and Qatar Airways reduced their fares significantly to remain competitive.

In a price war, there is little the government can do. In an open-market competitive situation such as this, our government must not act in a manner that suggests it is antagonistic to foreign players and competitors. There must be an appearance of a level playing field. However, government owes Air Peace protection against foreign competitors backed by their home governments. This is in the overall interest of the Nigerian consumer of goods and services. Competition history in the airspace works where the Consumer Protection Authority in the host country is active. This is almost absent in Nigeria and it is a reason why foreign airlines have been arbitrary in pricing their tickets. Nigerian consumers are often at the mercy of these foreign firms who lack any vista of patriotism and are more inclined to protect the national interest of their governments and countries.

It would not be too much to expect Nigerian companies playing globally to benefit from the protection of the Nigerian government to limit influence peddling by foreign-owned companies. The success of Air Peace should enable a more competitive and sustainable market, allowing domestic players to grow their network and propel Nigeria to the forefront of international aviation.

The second is Proforce, a Nigerian-owned military hardware manufacturing firm active in Rwanda, Chad, Mali, Ghana, Niger, Burkina Faso, and South Sudan. Despite the growing capacity of Proforce in military hardware manufacturing, Nigeria entered two lopsided arrangements with two UAE firms to supply military equipment worth billions of dollars , respectively. Both deals are backed by the UAE government but executed by UAE firms.

These deals on a more extensive web are not unconnected with UAE’s national strategic interest. In pursuit of its strategic national interest, India is pushing Indian firms to supply military equipment to Nigeria. The Nigerian defence equipment market has seen weaker indigenous competitors driven out due to the combination of local manufacturers’ lack of competitive capacity and government patronage of Asian, European, and US firms in the defence equipment manufacturing sector. This is a misnomer and needs to be corrected.

Not only should our government be the primary customer of this firm if its products meet international standards, but it should also support and protect it from the harsh competitive realities of a challenging but strategic market directly linked to our national military procurement ecosystem. The ability to produce military hardware locally is significant to our defence strategy.

This firm and similar companies playing in this strategic defence area must be considered strategic and have a considerable place in Nigeria’s foreign policy calculations. Protecting Nigeria’s interests is the primary reason for our engagement in global diplomacy. The government must deliberately balance national interest with capacity and competence in military hardware purchases. It will not be too much to ask these foreign firms to partner with local companies so we can embed the technology transfer advantages.

Our government must create an environment that enables our local companies to compete globally and ply their trades in various countries. It should be part of the government’s overall economic, strategic growth agenda to identify areas or sectors in which Nigerian companies have a competitive advantage, especially in the sub-region and across Africa and support the companies in these sectors to advance and grow to dominate in  the African region with a view to competing globally. Government support in the form of incentives such as competitive grants ,tax credit for consumers ,low-interest capital, patronage, G2G business, operational support, and diplomatic lobbying, amongst others, will alter the competitive landscape. Governments  and key government agencies in the west retain the services of lobbying firms in pursuit of its strategic interest.

Nigerian firms’ competitiveness on a global scale can only be enhanced by the support of the Nigerian government. Foreign policy interests should be a key driver of Nigerian trade agreements. How does the Nigerian government support private companies to grow and compete globally? Is it intentionally mapping out growth areas and creating opportunities for Nigerian firms to maximize their potential? Is the government at the domestic level removing bottlenecks and impediments to private company growth, allowing a level playing field for these companies to compete with international companies?

Why is the government patronising foreign firms against local firms if their products are of similar value? Why are Nigerian consumers left to the hands of international companies in some sectors without the government actively supporting the growth of local firms to compete in those sectors? These questions merit honest answers. Nigerian national interest must be the driving factor for our foreign policies, which must cover the private sector, just as is the case with most developed countries. The new global capitalism is not a product of accident or chance; the government has choreographed and shaped it by using foreign policies to support and protect local firms competing globally. Nigeria must learn to do the same to build a strong economy with more jobs.

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