Tunisie: Communique de Presse Conjoint – Non au Racisme d’Etat et a l’Appel au Crime contre les Africains Sub-Shariens en Tunisie (26.02.2023)

Tunisie: Union Generale Tunisienne du Travail (UGTT) – Declaration (24.02.2023)

Opinion: The Françafrique countries should question it’s need for France

The last two weeks or recent days the French President Emmanuel Macron have proven how the elites of Paris is disregarding the former colonies, if it is Mali or Algeria. I am sure behind closed doors and within trusted associates the words could be even striking. Because, these words has been said in public and with no proper excuse.

In that regard, when the Head of State of France is saying that. The previous colonies should question the need to be bound by mechanisms and by agreements tied to Paris. Since Paris clearly don’t respect you or honour you.

Françafrique consist of Algeria, Benin, Burkina Faso, Chad (Tchad), Cameroon, Republic of Congo, Comoros, Central African Republic, Djibouti, Gabon, Guinea, Mali, Madagascar, Mauritania, Morocco, Niger, Ivory Coast, Senegal, Togo, and Tunisia. That is lot of counties and huge part of continent. The French are involved also in republics and nations, which they were the colonial power over. However, this here piece about them. Since they have still a significant place and plays a role for the power-balance in these countries.

About the “Colonies Francaises d’Afrique”:

The countries still bound by a monetary union and a common currency, which is Benin, Burkina Faso, Côte d’Ivoire, Guinea-Bissau, Mali, Niger, Senegal and Togo, These are all part of West African Economic and Monetary Union (WAEMU). The second monetary union of the CFA Franc are based on these countries: Cameroon, Central African Republic, Chad, Republic of Congo, Equatorial Guinea, and Gabon. These countries are a part of the Central African Economic and Monetary Union (CAEMC).

The French and some of their allies tried to relaunch it as “Eco” in 2019 and that has gone nowhere. That should say a lot. I doubt that is only happening, because of regime changes. Nevertheless, I don’t expect any serious movement on this matter anytime soon.

We know Benin said it wanted to leave CFA Franc … that hasn’t happened either. Paris and the elites there has a way of keeping everyone under their control.

What would be healthy would be for all heads of state and parliaments, ministries and such evaluate the relations, agreements and ties with it’s former colonial master. Since, as an independent nation it is nothing saying that you should be there forever or have to be mocked on a irregular basis by Heads of State of France. Neither, should the French has trade advantage or mineral extraction agreement, which other nations companies couldn’t have. That could possibly make it more profitable and earn more tax-dollars to the state reserves in any given republic.

It is time for all of them to consider this. Everyone has some sort of ties and this is why they are still indirectly having influence. That is why everytime something happens or in regards to French interests. Things gets tense and you never know when things will pop-off. This is why the Republic’s need to oversee and have a proper oversight of it. It is like this has have never been done.

All mechanism and statutory bodies, which is connected needs also to be looked into. This here will take time and needs to be inquires. There is a need to directly investigate and also see what sort of affects it has had over the years. If there is a beneficial relations or one-sided. Since, there might be some good parts, but a lot of it is a way of the French to never let go.

After everything Macron has done. The Francophone Africa needs to react and not accept this sort of acts. Right now he does this to Algeria and Mali. Who knows when the “wrong” head of state get elected somewhere and he will use his power to stifle them. Even if that was the will of the people and not the will of Paris. That is what is striking here and that is why these republic’s needs to see over everything. We know the French will feel insulted and infuriated. Since they are entitled to it all. However, this wasn’t their to begin with. This isn’t Marseilles or Bordeaux, but it’s Yaounde and Lome. Peace.

President Macron neo-colonial perspective on Africa came to the surface at the G-20!

The supposed centrist and progressive French President Emmanuel Macron, he newly elected President who we’re to be a fresh air. Aren’t apparently so, not if he believes what he said this week during the G-20 Summit in Hamburg. It is a disgrace of a modern European President to reflect this sort of sentiment. Especially, since this wasn’t said by some rascals associated with Marine Le Pen or Geert Wilders, but actually out of Macrons own mouth. It is time to erase the saint-hood and the prestigious placing among the hopeful leaders. Because when he says these words, it hurts, and it proves that the French still feels superior towards the African Nations and their people. Macron clearly feels so when explaining himself and addressing development on the continent. The words in italic are proving his sentiments. Just take a look at a badly translated Press Conference on the 8^th July 2017!

“I do not share that kind of reasoning. There were several envelopes that were given. Either we change the target with the addition of billions. We have been deciding to help Africa for decades and we did. If it were that simple, you would have noticed it. The Marshall Plan is a plan for material reconstruction, in countries that had their equilibrium and stability. The challenge of Africa, it is totally different, much deeper and civilization today. What are the problems in Africa? “He asked” (…) “It is through rigorous governance, fighting corruption, a struggle for good governance, successful demographic transition. In countries that still have 7 childbirths per woman, you can spend billions of euros, you do not stabilize anything. The plan of this transformation that we must conduct together must take into account the African specificities by and with African Heads of State. It is a plan that must take into account our own commitments on all the projects I have just mentioned, better associate public and private; And it must sometimes be more regional and even national. That is the method that has been adopted and that is what we do wherever we are engaged. I will have the opportunity next week to come back in much more detail” (Macron, 08.07.2017).

It seems like he knows and understands the African experience, that he can precisely blame the mothers of Africa for the bad demographics. That he can say the failed planned parenthood is the problem. Because, the French has no interfering in the African affairs with their armies, with their control through their Central Bank and Central African Franc (CFA), and also their ideals of a Francafrique. Dr. Lansine Kaba said these words a few years ago and they still ring in my ear!

“Francafrique involves a complex web of relations that have made France a major player in the affairs of many African countries and even of the African Union. Through the networks of this largely “opaque conglomerate”, France, a founding member of the UN Security Council and the World Bank, can boast a significant global influence that extends far beyond the French-speaking states. The term Francafrique suggests several facts and ideas, ranging from the politics of cordial exchange and cooperation to that of covert actions and violent military intervention that the French have been known for perpetrating in different parts of Africa since the 1960s” (…) “It involves an effective style of diplomacy that is not necessarily staffed with well-seasoned accredited diplomats, but energetic and daring doers. Francafrique builds relations that rely on close personal connections woven between the French leadership (the president and his close aides) and individual African leaders who depended on French assistance and security forces. Francafrique excelled in channelling funds to electoral campaigns of some prominent French politicians too” (Al Jazeera, 2013).

Than you have the WikiLeaks cable leaked from 2009, that even speaks volume of the way Macron views Africa as well: “Gompertz admitted that France’s Africa policy does have problems, most notably, that France continues to focus most of its efforts on its former colonies, even though they are not necessarily the most strategically important. Gompertz hopes to push for a stronger engagement with Anglophone and Lusaphone Africa. (Note: GOF officials frequently cite Nigeria, Angola, and South Africa as three of France’s key emerging partners in Africa. Gompertz was departing the same afternoon for Morocco and South Africa. End note.) Similarly, too much of France’s political and cooperation resources in Africa are designed to reinforce its partnerships within the international “Francophonie” organization. Gompertz cited the example of Burundi, where English is replacing French as the most popular foreign language, but he said this is understandable given Burundi’s important trade links in the East African Community. At the same time, he related that while he was Ambassador to Ethiopia, there was a strong demand for French language teachers, but France was not responsive in helping meet this need” (WikiLeaks, 2009).

So when Macron claims the missing envelopes and development, for various reasons, that he can understand. Even his own former Ambassador to Ethiopia Stephane Gompertz saying the projects was more for political gain and French own interest in Africa. Therefore, that the French President says what he says about the envelopes are bit disgusting. Knowingly the only intent the French has in Africa, isn’t directly developing the continent, but to extend their power there. Than he later claims the demographic and planned parenthood issues is behind it all. When the French interference and misuse of funds to keep their friendly leaders at bay. Clearly, are the program the French run under their Francafrique project.

So, when a French President should know what the French has known. That the French can spend billions and envelopes a not see development. When the interests are more of Paris, than of Dakar or Bamako, even the shores of Tunis. Usually if the Fancafrique are more for the gain of its own than the ones in need. More for the Paris elite or the friendly leaders instead of development. Therefore, it is an own created monster of French influenced based on patronage and clientele served from Paris. Macron must know this as the Ivorian and other leaders have nice houses on the boulevards of Paris. These are made of the patronage created by the French.

It is therefore, disgusting, that he blames the African woman and their parenthood for the lacking development. When lots of French own influence on the continent is for personal gain and for patronage. Not for development itself. To overlook this, is to forget the French acts and also superior belief in themselves. That is why Macron said what he said. The belief and understanding of grand strength. That they are one of the greatest civilizations on planet earth.

President Macron words: “In countries that still have 7 childbirths per woman, you can spend billions of euros, you do not stabilize anything”. Macron need some sense and need to step-up from his Le Pen ways. He need to fix his mind and should rethink French strategy on African soil, before talking about stabilization. Parts of the problems still on the continent is the problems left behind from the French. That they have never left wealth, but left behind petty dictators who spends fortune on Champs Elysee! Peace.

Reference:

Al Jazeera – ‘Q&A: France’s connections in Africa’ (15.08.2013) link: http://www.aljazeera.com/programmes/specialseries/2013/08/201381584025929212.html

WikiLeaks – ‘”FRANCAFRIQUE” — MFA DISPUTES REPORTS ON A RETURN TO BUSINESS AS USUAL’ (19.11.2009) link: https://wikileaks.org/plusd/cables/09PARIS1534_a.html

Opinion: Indifference from the public is a gift to the Political Sphere!

We live in a day and age where the content of information is accessible at any time of the day on all kind of formats. It isn’t only pamphlets, posters, newspapers and books. But there are blogs like this; it is digital videos, cable-TV, social-media and all the other ways of gaining information with or without membership pay-walls for the content. In that world of constant ability to gain this, it can either feed the hunger for knowledge or become tiring for the people as the constant newsflashes and breaking news can make your mind boggle and wonder what is really important.  Therefore before I continue let see a main definitions of Indifference!

Definitions of the Word:

“lack of interest in or concern about something: an indifferent attitude or feeling” (…)” 1:  the quality, state, or fact of being indifferent

2a archaic :  lack of difference or distinction between two or more things b :  absence of compulsion to or toward one thing or another” (Meriam Webster Dictionary).

As I tried to explain brief in this time and day, we’re all access to information and ability to download reports, getting brief headlines and watching reports on TV or tablets the clarity of what is important can sometimes not sink in. As we check the normal suspects for the commentary or the capability to get news and become reasonable updated on the matters at hand. Though there are stories lost and we can’t know what happens at every corner of the world, than we are stuck between all screens and behind every tweet dropped every hour of the day. We’ll live in a forever groundhog day and wish that we had comic talent of Bill Murray instead of trying to get up to date with current news.

The fear is with the level of information, the different formats and the ability of entertainment and tabloid news. The simplistic and breaking is taking over for the hardcore policy discussions as the direct terror threats and artists dismissals seems more important than the issues of trading and health care policies. The indifference towards the reasons behind the migrations and the reasons for the crisis in Syria for instance are lost in the battle against terror. The devastating idea for why Tunisia, Libya and other states who was has been under fire since the Arab spring have been lost in tales of Clinton and British death, instead of the iconic and important support to build state institutions for the citizens. In countries that before this we’re built around grand dictators like Ben Ali and Gaddafi. Therefore the indifference to the solutions and the real deal behind the fragile state is worrying.

The worrying indifference to the abysmal understanding of the financial structure of Greece and Italy, as the banks of Italy are in limbo; while the state sales and economic liberation while drowning a debt-burden Greece in more greasy debt as they trying to cope with the level of migrations. We should ask ourselves if the European Union forgot counting people or building swimming-pools for the new rich investor elites that got ability to buy state-resources and key installations like Piraeus port harbor for few cents on the dollar. Therefore the indifference for the swallowing the pride and the reactions this might have for the Greek state.

The indifference for rigging elections and supporting peacekeeping armies on the African continent, while the UN Peacekeepers in C.A.R. are using their power to rape and destroy, not only generate peace, as the UN Mission in Western Sahara is more a luxurious club for diplomates than generating mediation and justice for the people under siege from Morocco. But the world is silent. That the DRC are planning to exile more opposition or even detain them before the General Election for a third term for President Kabila and nobody flick their eyes. While the opposition is under siege in Rwanda, but President Kagame is hailed for the economic recovery as the totalitarian leader are oppressive and using forces in the Kivu’s to still steal resources from the Congo. The world doesn’t care or tries to forget. While the Burundi are still in crisis as the third term of President Nkurunziza is bloody, friends and foes of the President vanish and assassinated, while the Inclusive Dialogue by EAC and AU under former Tanzanian President Mpaka are at a standstill. So the state of affairs is far from beautiful. The indifference to matters is staggering as the knowledge of these actions shouldn’t be forgotten.

I wonder if I feel alone on it, like so many didn’t notice the skirmishes and the recent battles from the militias in Beni, in Democratic Republic of Congo. If it was just the Congolese diaspora who wore the yellow color clothes on Sunday’s to remember the dead and spread awareness of the continuing warfare in the region. As the world have forgotten the violence and want to be rest assure that the cobalt and other resources need in the smartphones are exported to factories far away.

The ignorance and indifference are so big as the cable-news and grand media-houses focus on the click-bait and easy journalism instead of digging deep and having questions to the matters. Only following the money, the money always says how the ethical principles a man or woman has; as a person will only spend money on the things and people that they care about. That is a forgotten one, at one point of time with the PanamaPapers, the big media-houses followed it, but when the leaks when silent the interest dwindled as quickly as the importance of Blackburn in British football, which division are they now in?

We can question if the world really want to care, as the violence, the single handily gun-men going on shooting spree and the endless bloodshed is sad to read about and would make your hard. The continuation of news on the freedom fighters or guerrilla of Niger Delta Avengers would be less interesting as long as they’re a giant force in Boko Haram that are steadily doing abductions, kidnaps and killings in Cameroon and Nigeria.

We can’t be able to be refreshed and know about all issues worldwide, but at least not care more about Pokemon Go, Donald Trump’s latest racist tweet or a Stephen Colbert skit. They might a moment of joy and laugh, but with the possible knowledge of destruction, lose forces and able information, we as people shouldn’t let this just go on without questioning the powers to be.

Because as long as the public is kept in the shadow and not knowing, the people will not be able to see what the government or civil society is doing. That gives leeway to do whatever. So with this in mind the people should be interested and question, wonder and check the resources and ability to gain information on the matters. Either if it by Youtube, library or on the newsstand; the government have it easier with ignorant public sphere and indifference to matters both domestic and international, as they don’t have to take a stand and change policy as long as the people doesn’t act upon the issue. Therefore the knowledge and questioning the businesses, government and NGO’s happens when the citizen’s acts upon what we know. Indifference is only earning the government and the ones that already are in power, the danger for them is if we already knows and can anticipate their moves. Because if so, then they can’t away with thieving, lying and deceit of public will. Indifference of this gives way and is a gift to political sphere. Peace.

Reference:

Meriam Webster – ‘Indifference’ link: http://www.merriam-webster.com/dictionary/indifference

FDC under siege; Dr. Kizza Besigye detained at Naggalama; Police first siege FDC HQ than later RAID it; By my recogning FDC is illegal by NRM-Police-State by now!

While trying to go to the Electoral Commission offices this morning, the Police had different ideas about the plans Dr. Kizza Besigye had, as when he went out of the gates of his home in Kasangati. The Police stopped his car and taken him away.

He is now in Mukono or in Mukono district at Naggalama Police Station detained. As with his house arrest and his ordinary detaining terms is without reason or warrants. This is the Modus Operandi of the IGP. Gen. Kale Kayihura by now, the man who follows orders blindly from his Commander-in-Chief President Museveni; as he uses Public Order Management Act, as it the proper tool to take down and shut-down the opposition in the country. That is what has happen today while Dr. Kizza Besigye was taken from the gates of Kasangati and detained at Naggalama Police Station where they must have named a Cell after him by now.

The Locals in Kasangati because of the steady levels of Police and roadblocks has nicknamed Kasangati “Benghazi” after the war-zone in Libya. It is surely a feeling the locals justified to have as they have more police there, as Besigye must be seen as the worst criminal in the land, by President Museveni; as he knows that he is epitome of what he is not; a man of the people and therefore he has to be contained; even if he hasn’t done anything else then living in the same country as the President.

CP Fred Enaga had his lies to tell the press as ever:
“Besigye’s plan to destabilize the city are foreign funded”. Mr. Police Officer, I hate throw shade on your pay-check, but your budget is donor funded and been for decades; so it’s more likely that the brown jersey your wearing with your name has been paid by a foreign government; you have to have a better argument Mr. Police Officer!

The Police has also been besieged the Electoral Commission headquarters as the Police has such a fear of the presence of the people to search or appeal the result; as the result has already been set and the Police as a NRM outfit will secure their longevity by any means at this point. Also at FDC headquarter of the Najjanankumbi the Police has sieged the offices there as well today.

Later after the sieging of the Police they took it further as the FDC party is officially illegal, totally illegal, that is the indication for the moment as the Police Force raided the offices and rounded up the FDC staff. While even later the Party President Gen. Mugisha Muntu showed up at the gates of the offices and was not allowed by the Police to access the headquarters. As he got picked up and also detained. They went to pick the Declaration Forms, as the Electoral Commission and the Police Force has to clean-up the mess they have done as they have stolen the election; since their sins are visible in the indications of the copies of the Electoral Declaration Forms; that the Government of Uganda by all means don’t want released to the public as it is their venom.

Hon. Ofwono Opondo said on NBS TV today:
“To think your win is valid while win over others from the same election isn’t abuse of Ugandan intelligence”. Well, your insulting people while not really counting the ballots and rigging the elections; while telling the same people pointing it is insulting the Ugandan people; I don’t follow… as the Hon. Opondo the reason why people like me can’t see validity in this election as the too much that has occurred to counter the value of the ballots and the peoples will. Something you should know as the election has happen in a speed and way that should make people shut-up and hide your mind; because you’re a loyal cadre that is eating because of President Museveni, and if it wasn’t for him, you wouldn’t be anybody! Just as his boss Hon. Opondo said this as well: “We don’t care what the international community care thinks”. I am sure you and your boss care if the international community cuts more or suspends direct donor aid, IMF and World Bank suspends projects as the Taxes does not help the Ugandan National Development Program II, is so big that if the government supposed to fulfill the pledges of that one, the Ugandan Government need the international community, so continue not to care about the international community!

As side-note from Kabale District:
“This is it inform the world that on Saturday dawn 4.30AM the Army and Police stormed in Rukiiko hall Kabale District headquarters where tallying of votes was taking place. They forced a one Juma Shesa, the District returning officer to park all the computers as well as available declaration forms; he was taken to Kampala to the EC head quarters. Incidentally , due to the pre-ticked ballot papers in favour of the NRM presidential candidate as well as other NRM parliamentary candidates, numbers could not balance. Up till now the Woman MP results for Kabale District are not yet announced” (FDC, 22.02.2016).

So it’s truly one thing is happening from the authorities in Uganda, that the FDC and the Forum for Democratic Change is the biggest force of criminals as they are hounded detained without warrants, reason or justification other then they are an issue for the legitimacy of President Museveni official 5th Term, sorry the 7th, he can never in my view rewrite history and shave of his first decade in power. Well, this here will continue the oppression and totalitarian regime that is faking it until they hope to make it. On the way they are harassing and oppressing the parties and people who do not kiss the ring of President Museveni. Peace.

Dr. Kizza Besigye: “My Message To The Youth Of Uganda: Claim Your Country! Claim Your Future!” (21.02.2016)

Thank you for fulfilling your civic duty by voting for change. Your enthusiastic participation in the stolen 2016 elections demonstrates that you wanted to change the politics of this country and secure your future through the ballot box; only to be frustrated by partisan security agencies and an incompetent electoral commission. The electoral process was rigged using intimidation of voters, imprisonment of opponents, sabotage of rallies, late delivery of election materials, delayed opening of election centers, vote falsification at undisclosed tally centers, and bribery, among other malpractices.

But do not be discouraged — the struggle for a democratic dispensation did not start and end on Election Day and the electoral process itself did not end with the announcement of doctored results. Therefore, do not surrender. The majority of you were not even born when the current NRM regime came into power in 1986. Yet all you have inherited are the consequences of its bad governance.

Youth unemployment in Uganda is known to be the highest in Africa estimated to be between 62%, and 83%! I addressed the unemployment rate, deteriorating quality of education, corrupt credit schemes that did not benefit you; and the desperate circumstances of Uganda’s youth during my campaigns. You know your conditions better than me. The election has been rigged and the government is doing all it can to silence me. It is time for you to claim your rights and lead this struggle.

Uganda’s future, your future is in your hands. Remain firm. We can make this country work for each and everyone of us. But you must assert yourselves and claim your future. There is no other person who will do it for us.

Here is where we are: As of now there is no winner, the election process has not ended. The law gives us 10 days after announcement of results to challenge the outcome that is announced. As you all know, I have spent the first of those ten days under house arrest. I am now left with 9 days to exercise this right. Therefore, tomorrow I am going to the Electoral Commission to receive their results. I will then meet the campaign team and following that we will go around the country and collect all our information in order to prepare a well-considered response. This is a right we take for granted and are not asking for permission.

I invite you my friends,

• To rally behind the demand for an independent and transparent audit of the 2016 presidential election results. Explain this to all your friends.

• If you are in Kampala join me to walk to the Electoral Commission. We leave my gate at Kasangati at 9:00AM. Police will try to stop us, I know; but this is about claiming our rights. We will walk peacefully.

• In every village, collect the Declaration Forms that may still be in your possession. Use your phone or camera to photograph the results Declaration form. We will tell you how to transmit them.

• My friends online, engage our African brothers and sisters as well as the international community to reject the results and support our demands for an independent audit.

Friends, I have warned that we are witnessing a creeping military coup that aims to subvert the will of the people. We set out to claim our rights and our country through defiance not compliance. We are still on that path and we shall win by defiance NOT compliance. The NRM government believes that by isolating me the defiance campaign is dead but it was not a one-man campaign. This was your campaign and you must now LEAD IT! Peaceful protest is a human right that is in our Constitution. As you know whenever we have gone out to exercise that right peacefully we have been met with extreme violence. But we will not be cowed. The most brutal dictatorships have crumbled when the people asserted themselves. In Philippines, Romania, Guatemala, Tunisia, Ivory Coast and Burkina Faso we have seen them fall when the youth stood up for their rights. There will be pain and sacrifice. I am ready for it and I have been absorbing it. Do not be afraid, it is our historic duty.

Aluta Continua
For God And Our Country

Dr. Kizza Besigye

Press Release: Kenya must review Double Tax Agreement with Mauritius (02.11.2015)

(Nairobi, November 2, 2015) – Kenya is teetering on the brink of financial meltdown with the implosion of at least two private commercial banks in the last few months and signing of loophole-ridden double taxation agreements with tax havens Mauritius, United Arab Emirates and Qatar.

Tax havens are countries or states that position themselves as low tax jurisdictions allowing companies and rich individuals to hide their wealth without paying appropriate taxes where they actually make their profits or wealth. Tax Justice Network-Africa (TJN-A) in October 2014 sued the Government of Kenya (specifically the Cabinet Secretary to the Treasury, Kenya Revenue Authority and the Attorney-General) challenging the constitutionality of the Kenya/Mauritius Double Taxation Avoidance Agreement signed in Port Louis, Mauritius on May 11, 2012 and as contained in Legal Notice 59 published in the Kenya Gazette of May 23, 2014.

The Agreement significantly undermines Kenya’s ability to raise domestic revenue to underpin the country’s development by opening up loopholes for multinational companies operating in the country and super- rich individuals to shift profits abroad through Mauritius to avoid paying appropriate taxes. For example, provisions under Article 11 of the Agreement relating to interest limit Kenya’s withholding tax to 10 per cent whereas the Kenyan domestic rate currently stands at 15 per cent. This will significantly affect the tax base of the Kenya Revenue Authority (KRA). The Agreement also sharply contravenes Articles 10 and 201 of the Constitution and is inconsistent with the principles of good governance, sustainability and accountability. The Agreement is open to abuse and this could endanger the growth and development of Kenya.

Three main reliefs sought by TJN-A are: that the High Court declares the government’s failure or neglect to subject the Kenya-Mauritius Double Taxation Avoidance Agreement to ratification in line with the Treaty Making and Ratification Act 2012 as a contravention of Articles 10 (a), (c) and (d) and 201 of the Constitution of Kenya.

That the Court directs the Cabinet Secretary for Treasury to immediately withdraw Legal Notice 59 of 2014 and commence the process of ratification in conformity with the provisions of the Treaty Making and Ratification Act 2012.  And award cost of the petition with interest against the Government of Kenya. The case came up for mention at the Nairobi High Court today, November 2, 2015. The court will fix a date for hearing the case on November 9, 2015. Speaking at a press briefing earlier today, the Executive Director of TJN-A, Alvin Mosioma said “there is need for public participation in the process of ratification of double tax agreements…double tax agreements kill the competitive edge of local firms”. 2 Senator Hassan Omar of Mombasa County who also addressed the press said Kenya’s “Parliament needs to appreciate its responsibility in safeguarding the public’s interests,” adding that “the reason people steal is because there is complicity and people are aware of it”. Provisions under Article 12 of the Agreement which relates to royalties also restrict at- source withholding tax to half (10 per cent) of Kenya domestic rate of 20 per cent. This will significantly weaken Kenya’s ability to raise revenue to finance its development. Additionally provisions under Article 20 of the Agreement reserves all taxation of “other income” not dealt with in specific Articles to the residence state.

This effectively reduces withholding tax to zero per cent on services, management fees, insurance commissions among others, whereas Kenyan domestic withholding tax rate currently stands at 20 per cent. This is a major gap that will lead to massive revenue leakages. The Agreement is neither United Nations nor OECD compliant and it also fails to address the issue of disposal of shares in companies. The Agreement effectively reserves under Article 13.4 all taxation of capital gains from selling shares in companies to Mauritius where the effective Capital Gains Tax is zero per cent. Under the Agreement foreign investors in Kenya can acquire Kenyan companies through Mauritius holding companies and Kenya cannot tax any of the gains when they sell these businesses again. This is open to abuse. Similarly, domestic Kenyan investors can dodge Kenyan taxes by round-tripping their investments illicitly through Mauritian shell companies. Kenyan companies can also easily avoid Kenyan taxes in dividends paid to foreign investors through devices like share buy-backs therefore deny the government of development funds.

The provision is very similar to the Capital Gains Tax Article in the India-Mauritius treaty which has proved very controversial costing India an estimated US$600 million a year in revenues as a result of tax avoidance and illicit round-tripping by Indian business executives driving the Government of India to initiate steps to renegotiate its agreement with Mauritius. Under the definition of ‘bilateral treaty’ in Section 2 of the Treaty Making and Ratification Act an ‘agreement’ such as the one between Kenya and Mauritius and which is the subject matter of this legal case, is a treaty subject to the Act and therefore requires that the Cabinet Secretary to the Treasury in consultation with the Attorney General, submit to the Cabinet the treaty, together with a memorandum outlining, inter alia – 1. Policy and legislative considerations, 2. Financial implications 3. Implications on matters relating to counties, 4. The views of the public on the ratification of the treaty.

Mauritius presently has tax treaties with 13 African countries namely Botswana, Lesotho, Madagascar, Mozambique, Namibia, Rwanda, Senegal, Seychelles, Swaziland, South Africa, Tunisia, Uganda and Zimbabwe. Apart from Kenya, Mauritius also has signed Double Taxation Agreements with Congo, Zambia and Nigeria. Currently Mauritius is negotiating DTAs with Algeria, Burkina Faso, Egypt, Gabon, Ghana, Malawi and Tanzania. Unlike Mauritius’ DTA with Uganda and Nigeria, for example, which have specific provisions for withholding tax for management/technical services fees, Kenya failed to negotiate any such provisions. 

In a related development, the Government of Kenya has signed an equally harmful Double Tax Agreement with United Arab Emirates and Qatar – both of which are tax havens – in which Kenya further deems its right to tax as unnecessary in a bid to attract investment from these two countries. These agreements will deepen Kenya’s current cash crunch by allowing the further erosion of the country’s tax base. – END.

ABOUT TJN-A: Tax Justice Network-Africa (TJN-A) is a Pan-African initiative and a member of the Global Alliance for Tax Justice. It is a network of 29 members in 16 African countries. TJN-A collaborates closely with these member organisations in tax justice 3 advocacy at the national and regional levels. TJN-A seeks to promote socially just and progressive taxation systems in Africa, advocating for pro-poor tax policies and the strengthening of tax systems to promote domestic resource mobilisation. TJN-A aims to challenge harmful tax policies and practices that favour the wealthy and aggravate and perpetuate inequality. For further enquiries, please email Kwesi Obeng at kobeng@taxjusticeafrica.net (+254 726 804 400) and/or Michelle Mbuthia at mmbuthia@taxjusticeafrica.net (+254 724 994 796).

PLO Lumumba – “We are Co-Authors of our misfortune”

Interesting, right? Enlightenment, right?

Peace!

Power eats our big-men – The reason for why we need Presidential Term limits

There is for some strange reason a big discussion on the matter. Since some countries have them, some don’t. It is not like every constitution should be written the same with the same accords. In my homeland for instance there is no limit on how long the Prime Minister can sit in power, but that that depends if the people of my country get tired of the PM or the party affiliated with the PM. In bigger countries like the US there is a limit of two terms and only once a President who has broken that rule, was during Second World War and that was Franklin D. Roosevelt. Who had three terms and is the only one well known.

I am sure that Greece would have seemed happy with more often change of leadership. So if they hadn’t sunk that deep with loans and debt. Then it wouldn’t matter how long a regime is in power, if it essentially good, but if it’s not. Then it would be healthy with changes, so that the government recharge and fix the issues of old.  That is for check and balance, also to stop cogging the machine with nepotism and local graft from local councils and smaller government entities.

Now that Democratic Republic of Congo (DRC), Rwanda and Burundi is following Cameroon, Equatorial Guinea, Sudan, Zimbabwe and Uganda. They have big-men who have been sitting for ages and continue to break a certain switch of leaders. Burundi has just been through a farce of a election that brought their President Pierre Nkurunziza to his third term. Paul Kagame in Rwanda is thinking the same. Paul Biya the President of Cameroon has ruled since 1982 and is still sitting comfortable. Teodoro Obiang Nguema Mbasogo has been the president of Equatorial Guinea has been in charge since 1979. Omar Al-Bashir in President of Sudan has been the chief since 1993. Robert Mugabe is the President of Zimbabawe is the big-men of the country since 1987. Yoweri Kaguta Museveni the President of Uganda has been the head honcho since 1986.

Have in mind Ben Ali in Tunisia, Hosni Mubarak in Egypt and Muammar Gadaffi in Libya. All of them had a hard fall during the Arab Spring. So during a short period of time these long times serving rulers was ousted by the public or militias in their countries. And those people mentioned that has been sitting since 1979 to now should have them in mind. They could be next.

Its reasons like this big-men why countries and constitutions, law and rule of laws should fix the longevity for the leaders of the countries. Even if some countries has benefited from leaders sitting long. There have been many who show other tales. That their starting and dealing with matters. Making sure that the countries are progressing, but the issue with all men, power can eat you and when it’s at your grasp you don’t want to leave it. The power corrupt and make sure your family eats and friends to. An leave the matters and supposed people your supposed to serve. That makes the basic issue of leaders who becomes the proof of states where there is “taxation without representation”. They goes from being heroes and big-men with legacy into Machiavellian and Orwellian monsters that swallows the governments, states and organizations. That evaporates and follows the pinpoints from the leaders, but not actual procedures or democratic values. Transparency does matters, checks and balance of information from the regimes dies down especially if it pokes at the government. Ethics of codes of conduct matters for the ruling party, but for the opposition is otherwise since they will be thrown into shackles and dungeons for standing up against the regimes.

There is a reason why media has to be strong against this leaders and big-men. Why term limits is a good thing? It’s because power corrupt and eat men. When you first get a spoon of the sweets they want the champagne and cocktails in the statehouses. While many of the big-men don’t strengthen the basic institutions and ministries of the countries they are in charge of. Instead they put more money into the security and armies, but not too strong because then they are worried that their general’s would make a coup d’etat, especially since some of them took power by the gun themselves. So they usually promise grand changes and grace periods where the institutions left soiling by former leaders. While they does certain things and necessary by them, if so only what needed and supported through aid or donor money they might do something more with this.

While these leaders also often toiled with multilateral organization that put strains on the economic freedoms and loans that funds the countries. The forced moves of liberate institutions instead of strengthen the powers of the nations. Free market thinking that has weakened the economies then making them stronger. So that they import more then they export. Produce simple raw material or farm products and import finished sophisticated products that give the budgets negatives for the countries and also a reason why the countries end up with loaning more money from the multilateral organization. Because of this the big-men make shady deals with international donor countries and producers that lead to more corruption. Their zealous and loyalist under-leaders get cuts and that happens as long as they follow the party lines. The sellers from abroad couldn’t care less because usually they get overpaid for the product and there wasn’t a fair process of the sale. So if there is a transparent overlook of the sale and ordering of the products to the country it wouldn’t have gotten a green light.

This thing grows and grows until it hit either the moon or the sun. The terms are what people looking at. Then you could have discussed and talked more directly about the countries that don’t have it. There isn’t like universal rules to how the constitutions should be and what countries should have in it. There is other ways around that countries has to follow the international agreements, resolutions, charters and convents they have to follow and make amendments to their existing laws. But that is whole other matter. The term limit question is more about the ethical place and trust in the big-men that is either elected or taken power on their own. And if you have issues with leaders taking power on their own, there is a slim chance of them actually caring about rule of law. Instead even if they say something they will turn against close to date of the final period of terms. Just like Yoweri Museveni did in Uganda, Pierre Nkurunziza did in Burundi, Paul Kagame in Rwanda and Joseph Kabila in Democratic Republic in Congo (DRC). They all did a turn-around in limited time right before the end of the official second term. So they could fix the laws and get an official third term.

We the people and the citizens care about our big-men and nations, about the institutions that are made to be around us and supposed to support us. As we want good leaders that actually lead and make changes, and structures to secure their people. Instead when their reign for so long that their stealing of wealth, lands and positions for loyalist can be vial and hurting the country, instead of reaching and making the place better. This could be less of a viable possibility if there were structures and codes into place that pushed leaders to leave behind a legacy and go off in grace instead of sitting into the man with a scythe coming and taking their souls to eternal rest.

If society fears that leaders will lead into nepotism, graft, corruption and other evils of long term stand still of leaders and philosophy. The journey that the political climate needs is sufficient tools to stand in rainy days and in glorious ones. Also proper training to lead the next generations into a secure place and leave a foundation that can bring something positive for the people and the nations as whole.

And it isn’t pure and true leadership if they aren’t coping with the ability of leaving the power. They know that and we the people know this. When that happens we see the issues translate into situations that nobody really wants to see. Like the failed Coup d’etat in Burundi in 2015 and the violence that has surged since. Then the failings of the ‘Walk to Work’ protest after the 2011 elections in Uganda. That only led to few fallen activists for the cause, but lead to now initial change. Also the reactions in the DRC after lawfully allowing it’s president a third term, this made people react and the #Telema uprising happened as a aftermath. This because the leaders don’t accept their reach and doesn’t step down in time, instead tries to sit until the chair is breaking. And in due time they will fall out of the chair, it’s just about how they will land and which legacy they want to leave behind.

I am Sure Honorable Mister Robert Mugabe of Zimbabwe could have been a real gentleman and been in the league of freedom fighters who fought a just cause against oppression of a foreign power. He could have been seen as that if he stepped down in proper time and given security to the country. Instead he has let the economy run loose, people fleeing the country, rigging elections, letting special army and police trained by North Koreans go into villages before elections and spread fear amongst the citizens. If he had stopped before turning into a villain, he could have been seen as hero. Something that would been worthy actually of how he fought with the comrades against a far-away rulers to secure peaceful nationhood to Zimbabwe together with Joshua Nkomo. Today he will not only be remembered only for the Lancaster House Agreement! But for all of the other madness that has happen after.

The same will happen with these other leaders who might have done great things. And they have made a difference. They have made some kind of changes and progress in their countries. Yoweri Kaguta Museveni of Uganda has made progress in Uganda. Even by sitting very-very long in the chair of power. After uncertainties of the 80s he has with the Movement system made the land peaceful and that has made gains in the aspect of food productions. Even with help of neighbors and the U.S. sent LRA on the run to C.A.R. where he is trying to get them again. Though with lingering into power it’s now taking a toll on the budgets, inflation levels, value of the currency and the enormous level of spending to local councils since there is new district every 5 years or so.

I could go on about every leader I have mentioned and what has happen because of their steadiness of power. How that effects and what that has led to in the countries that their leading, still. Similarities are still that the countries don’t earn much on having the same leaders reigning for many terms. Because the countries getting sucked into the system and patrons of the big-man instead of build functioning institutions and ministries to really developing the countries.

And let this be clear, I don’t want the systems of the West unto these countries that is not what I am implying. The simple thing I am pounding on is how it will be healthy for a nation to have leaders and their big-men for too long. I doubt if it is healthy. The same with MPS and Ministers, they all will eat too much and become fat, instead of serving the people. The same happens with the grand big-man; therefore the change of leadership is an essential feature to society and government.

Therefore what I am initially implying is that no matter what kind of society the human soul and body will be eaten by the power. That’s simple reason is that this is a universal issue, the location and countries could be a mayor in my town for the matter or the leader of European Union, the secondly it could be a president in South America or Asia. This is a phenomenon that is everywhere if the big-man has the possibility. Let me take a few more honorable mentions:

• Alexander Lukashenko has been the president of Belarus since 1994.
• Saparmurat Atayevich Niyazov has been the president of Turkmenistan since 1985.
• Nursultan Nazarbayev has been the president of Kazahstan since 1989.
• Issas Afweki has been been the president of Eritrea since 1991.
• Emomali Rahmon has been the president of Tajikistan since 1992.
• Hun Sen has been the president of Cambodia since 1985.

So thanks for reading. Hope it was worth it and that this wasn’t as long as the tenure of certain big-men. Peace.