Connect with us

Strictly Personal

Beware George Orwell’s ‘Thought Police’ and ‘Ministry of Love’ By Daniela Ellerbeck

Published

on

The Constitution (in Section 15) expressly entrenches the “right to freedom of conscience, religion, thought, belief and opinion”. By explicitly protecting thought and, even, opinion the Constitution protects more than just formal religion.

Voicing our thoughts and opinions in the public realm are protected twice over by our Constitution – by the Section 15 right to religious freedom and the Section 16 right to freedom of expression (the latter expressly includes the “freedom to receive or impart information or ideas”). Evidently, enshrined rights make no sense if we were only entitled to them in the inner sanctum of our home and not in the public realm. It is, therefore, submitted that the crux of enshrining rights is ensuring they are protected in the public realm.

South Africa’s public life was never meant to be sanitised or secular, but a place where everyone can voice their beliefs, thoughts and opinions. This will obviously result in a multitude of diverse opinions in the public realm – should we silence some we don’t agree with? At this juncture, it is important to point out that the right to equality includes (and arguably its very crux is) the full enjoyment of all rights and freedoms equally by everyone – even those we disagree with.

Tolerance of views over silence

This will naturally result in a public realm that is full of diverse and pluralistic thoughts, opinions and beliefs. This will require us, as South Africans, to be tolerant of those we disagree with and allow them to express themselves in the same public realm we express ourselves in. We cannot relegate people to the margins of society because they do not or cannot conform to certain social norms.

Equality, after all, does not presuppose eliminating or suppressing difference, but equal concern and respect across differences. It requires us to act positively to accommodate those different to us.

So no, we should not silence those we disagree with. Rather, we should tolerate them. Tolerance is giving reasonable space to what we disagree with. In fact, the type of tolerance that is envisaged by the Bill of Rights does not mean we accept what is familiar and easily accommodated by us, but it is the type of tolerance that requires us to give reasonable space to what is unusual, bizarre or even threatening to us.

In other words, it is not tolerance when we find space in the public realm for people and practices with whom we feel comfortable, but when we accommodate those expressions that are (perhaps even extremely) uncomfortable to us to allow those people to also participate in the public realm. Requiring people and institutions to reasonably accommodate different worldviews to theirs in the public realm is part of celebrating diversity. This is the essence of being inclusive.

To ask for the public space to be sanitised so that you are never confronted by anything that you find offensive or even “unusual, bizarre or even threatening” is not tolerance, it is bigotry.

As so beautifully written by former Constitutional Court Justice Albie Sachs: “[i]ntolerance may come in many forms. At its most spectacular and destructive it involves the use of power to crush beliefs and practices considered alien and threatening” – what he termed as “aggressive targeting”.

No one is safe

This brings us to the Prevention and Combatting of Hate Crimes and Hate Speech Bill, which is currently in its final stages before Parliament – and also one of the most controversial pieces of legislation since the advent of South Africa’s democratic dispensation where we left our apartheid past – with its censorship, thought control and its imprisonment for speech it thought undermined the South Africa it wanted.

The bill proposes criminalising speech it sees as hate speech. The bill defines hate speech very broadly, including speech that undermines the social cohesion in South Africa (harkening back to apartheid) and that someone might think is hateful. Of all its numerous failures, the hate speech bill’s failure to define hate is perhaps the most ironic. It will also capture private expressions in its reach – i.e. you might face up to eight years in jail for a conversation that took place around your kitchen table.

The bill attempts to give some protection to the press and artists, but because of the bill’s wide definitions of harm or undefined hatred, these protections nullify themselves. No one is safe.

The problem with trying to silence viewpoints that we neither like nor want is that we simultaneously stifle the flow of information and ideas. Effectively, we hamstring our own freedom of thought, cutting ourselves off from the opportunity to learn, engage and challenge. This bill is therefore the antithesis of the foundational and fundamental principles upon which any democracy worthy of the name is built and sustained.

Like an atomic bomb, it will spare no floor of the building of public life from obliteration. Enter George Orwell’s “Ministry of Love”, exit our hard-won freedom.

– Daniela Ellerbeck is an attorney of the High Court of South Africa and heads up FOR SA’s legal department.

Strictly Personal

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

Published

on

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.

Continue Reading

Strictly Personal

Air Peace, capitalism and national interest, By Dakuku Peterside

Published

on

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.

Continue Reading

EDITOR’S PICK

VenturesNow1 min ago

Nigeria gets $600 million investment from Danish firm Moller-Maersk

Nigeria’s presidency said on Sunday that President Bola Tinubu had secured an investment of $600 million from Danish shipping and...

Metro2 hours ago

I saved Nigeria from bankruptcy by removing fuel subsidy— Tinubu

Nigerian President, Bola Tinubu, on Sunday, boasted that he saved Nigeria from going bankrupt by removing fuel subsidy on his...

Behind the News15 hours ago

Behind the News: All the backstories to our major news this week

Over the past week, there were lots of important stories from around the African continent, and we served you some...

Video16 hours ago

Video: How Rwanda is driving Ai revolution in Africa

In this video, the Managing Director of Rwanda’s Centre for the Fourth Industrial Revolution, Crystal Rugege, speaks on the country’s...

Strictly Personal16 hours ago

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

Why are the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RPF) engaged in a vicious struggle? It...

Politics16 hours ago

Burkina Faso investigating reports of northern killings

A government spokesman has revealed that Burkina Faso is looking into reports that 223 people were killed by the Burkinabe...

VenturesNow17 hours ago

Nigeria: Bureaux De Change operators to harmonise retail FX market

Amidst the volatility around the Nigerian currency and its foreign exchange market, the Association of Bureaux De Change Operators in...

Musings From Abroad23 hours ago

France willing to pay for Morocco’s 3GW power line to Western Sahara

Bruno Le Maire, the French finance minister, said on Friday that France was ready to help pay for a 3...

Metro24 hours ago

Nigerian troops neutralise 216 terrorists, arrest 332 in one week— Official

The Nigerian Army Defence Headquarters (DHQ) says troops from different operation theaters across the country neutralised 216 terrorists and arrested...

Musings From Abroad24 hours ago

Nigeria loses $9.2 billion to foreign shipowners

A group of maritime experts has revealed that Nigeria loses $9.2bn a year to foreign shipping lines that carry goods...

Trending