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THE SIZE OF NATIONS: How the break-up of Sudan ruined the economy, and other observations on politico-economic geography

Facing the biggest threat to his 30-year old monopoly on power, Sudan’s Omar al-Bashir finds his regime entangled in a crisis entirely of its own making: the economic meltdown triggered by Western sanctions for the Darfur atrocities, and the loss of South Sudan, itself the result of the Islamisation of the state. The bigger question for the continent is: why do small states fare better than big ones? Here’s a clue: centralising power, especially in politically fractious Africa, is always a bad idea. By DAVID NDII.

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THE SIZE OF NATIONS: How the break-up of Sudan ruined the economy, and other observations on politico-economic geography

Sudan is on the brink, and not a day too soon. The independence of South Sudan a decade ago took with it 90 percent of total oil reserves. Even though Sudan got a good deal for the use of the pipeline including securing a compensation of $2.6 billion for future lost oil earnings, easily the biggest aid transfer from one African country to another, production disruptions in South Sudan have hit revenues hard. This shock was compounded by the effect of international sanctions and the Darfur insurgency. Sudan needed fundamental economic restructuring that it has not pursued, partly because it was also hamstrung by these two factors.

The independence of South Sudan a decade ago took with it 90 percent of total oil reserves. Even though Sudan got a good deal for the use of the pipeline, production disruptions in South Sudan have hit revenues hard.

A severe hard currency shortage has taken its toll on the country’s production capacity. Shortages stoked inflation. The government compounded the problem by tightening monetary policy, starving the economy of credit. Nowhere is this more evident than in agriculture, plagued by lack of credit, fuel shortages and deterioration of the capital stock. Data published by the FAO show food insecurity rising sharply (see chart).

Chart 1Late last year, President Omar el Bashir dissolved government and appointed a leaner one that he said would respond to the economic crisis—too little, too late. Inflation is now running at 70 percent. Demand management of supply shock inflation was never going to work. One of the new government’s first actions was to devalue the Sudanese Pound; it slid from 28 to 47 pounds to the dollar. A year and a half ago, it was exchanging at 6.7 pounds to the dollar. With an economy in meltdown, a hungry population, few friends and powerful foes, Khartoum has very limited options and nowhere to turn.

Sudan’s problems are patently political. In a nutshell, it is the failure to find a political formula to hold together a huge, culturally and geographically diverse country. For whatever reason, the ruling elite in Khartoum has pursued Islamist hegemony. This is what ultimately led to the break up with South Sudan.

Before its break up, Sudan was Africa’s biggest country at 2.5 million square kilometres. At 1.86m square kilometres it is still the third largest, behind Algeria (2.4m) and the DR Congo (2.34m). The old Sudan is about the size of the five biggest EU countries (France, Spain, Sweden, Norway Germany plus the UK), and if we start from the other end, Sudan would have fitted 36 of Europe’s 50 countries starting with the Vatican (0.44 sq. km) all the way to the UK (249,000 sq. km).

Sudan’s problems are patently political…the failure to find a political formula to hold together a huge, culturally and geographically diverse country.

Neighbouring Ethiopia is also experiencing political convulsions. Ethiopia is Africa’s second most populous country after Nigeria, with a population of 100 million people. Though never colonised, Ethiopia is a fractious nation that struggles to hold itself together, with secessionist movements in Ogaden and Oromia regions. Eritrea managed to break away. DR Congo, Africa’s second largest country now, has just held a very African presidential election two years late. The war that has raged there for the last two decades ranks as the most deadly conflict since the Second World War.

At the other end of the scale, and as this column has previously observed, Africa’s smallest countries are also its most successful. The Freedom House Index 2018 ranks ten African countries as fully free/democratic (Benin, Botswana, Cape Verde, Ghana, Mauritius, Namibia, Sao Tome & Principe, Senegal, South Africa, Tunisia) of which only one, South Africa is a big country. The average population of the ten countries is 13 million – 8 million when excluding South Afric – less than half the continental average of 21 million. Geographically, Botswana (pop. 2.3m) and Namibia (pop. 2.5m) are peculiar in that they are physically large countries with small populations. Excluding South Africa and these two, the average size of the other seven is 100,000 sq. km, against a continental average of 536,000 sq. km.

The old Sudan is about the size of the five biggest EU countries (France, Spain, Sweden, Norway Germany plus the UK), and if we start from the other end, Sudan would have fitted 36 of Europe’s 50 countries…

Countries rated as “partly free” average 354,000 sq. km and 26 million people. Those ranked “not free” average 800,000 sq. km. and 24 million people. Of eight countries that are over a million square kilometres (Algeria, DR Congo, Libya, Angola, Chad, Mauritania, Sudan, Niger) seven are ranked “not free”— Niger is the exception. There are five small countries ranked as unfree, i.e. less than 100,000 sq. km (Burundi, Djibouti, Equatorial Guinea, Rwanda, Swaziland), six if you include Eritrea, which is just over the 100,000 sq. km threshold, out of a total of 22. Well governed African countries are almost invariably small, while badly governed ones are predominantly large.

Chart 2When it comes to governability, size does seem to matter. And as it turns out, governability has considerable economic payoffs. Africa’s “free” countries have increased income per person by three times more than the rest of the continent since 1990 (see chart).

Nation-states like to project themselves as sacrosanct, immutable entities. Few political principles are proclaimed with as much fervour and fury as territorial integrity. It is an illusion. The United Nation membership of sovereign nation-states stands at 193, up from 51 founding members in 1945. The number of nations has increased 3.8 times, faster than the world population (2.9 times) Nation formation was at its height during decolonization (1950-80) growing from 60 to 154. (see chart). There was another surge after the collapse of the Soviet empire (1990 – 2000) when another 30 nations emerged. Since then only Eritrea and South Sudan have joined the ranks. But there is a pipeline of close to 70 dependent territories with nationhood potential and aspiration as well as pesky secessionist movements on every continent. Brexit could beget an independent Scotland.

Nation-states like to project themselves as sacrosanct, immutable entities. Few political principles are proclaimed with as much fervour and fury as territorial integrity.

In a 1995 National Bureau of Economic Research (NBER) paper On the Number and Size of Nations (expanded into a book The Size of Nations), political economists Alberto Alesina and Enrico Spolaore develop an economic model of nation formation. The core question they ask is: what is the optimal size of a nation, or put another way, how big should nations be?

Chart 3

They postulate that the essence of nations is the provision of a “public good” called government.

Government is a fixed cost which is financed by taxing people. Fixed cost means that there are economies of scale—the larger the country the less the cost per citizen. But people are also diverse. Different communities will have different preferences. A community in a dryland will value water; a coastal fishing community, maritime security; a trading community roads throughout the territory, and so on. In this scheme of things, the calculus of nation building entails balancing the economies and diseconomies of scale.

Alesina and Spolaore consider two political orders by which nations could come about, namely democracy and autocracy.

In democratic nation building, communities would be free to choose. If they are unhappy in a particular nation, they can call a referendum. To illustrate, think of the world as consisting of 1000 communities of interest – let’s call them nationalities, ethnic groups if you like – with a population of 100,000 each. The cost of setting up government is a trillion shillings. Further still, government can only be at one location, let’s call it the centre, and the benefits of government are directly proportional to proximity to the centre. You can think of the centre as geographical or cultural distance, or both.

It stands to reason that people would be happiest if each nationality had its own government, but this would come with a price tag of Sh.10 million per citizen. It would also be immensely inefficient, as the total cost of government would be a thousand trillion shillings. Conversely, a world government would cost each citizen only Sh.10,000. As per our closeness to government assumption, the communities farthest from centre of the world government would be obliged to pay the same tax and receive very little benefits. They would be marginalized.

Let’s begin with a configuration: take 10 nations of 100 communities. Think of the political geography as a circle with governments located at intervals of 50 communities i.e. governments located in the middle of 100 communities. The communities closest to governments get 1.5 times what they put in. Benefits decline by 2 percent of the tax (so that community number 25 on the line gets exactly what it put in. Those farther along the line get progressively less until the 50th community, which gets only half what it put in.

If the neighbouring border communities would persuade the other “losers” to secede they end up being at the centre of a new circle of countries, resulting in double the countries with half the population. But this would mean paying double the tax, but because they are smaller countries there are fewer communities that are marginalized overall. We can surmise that under democratic order, this political calculus would continue until the benefits of proximity to government balance out with the higher tax per citizen.

The other political regime is autocracy, which Alesina and Spolaore call a Leviathan order a la Hobbes. In this order, the state is a protection racket, where residents of a territory agree to pay tribute to a warlord in exchange for protection from predation by other warlords, along the lines of Mancur Olson’s “roving” and “stationary” bandit model. A Leviathan has two objectives. First, to extract as much tribute as it can without triggering revolt and second, to expand territory – market share, if you like. Territory can be gained by conquest or offering neighbouring communities a better deal than the resident warlord.

It turns out that Leviathan’s problem is analogous to an oligopolistic industry (a market with a small number of players) As with oligopolistic markets, the first best solution is a cartel. The logic is as follows. War is expensive. So is predatory pricing whose most likely consequence is to trigger price wars which hurt every player. Leviathans would do best by sitting round a table and carving out territories amongst themselves. This logic seems to accord with the 1885 Berlin Africa conference and the Peace of Westphalia of 1648.

The Alesina-Spolaore model yields three propositions on nation formation:

First, neither the democratic order or autocracy achieves the ideal number of states. Democracy leads to too many small states and autocratic order leads to too few.

The second has to do with the impact of free trade. Consider the case when there is no trade between countries. Without trade it is economically advantageous to be a big country on account of a bigger market. This will add to the disadvantage of being a small country over and above the high overhead of governing itself. But with free trade, borders lose economic relevance. Small countries get to have their cake and eat it, like Switzerland, which trades freely with the EU, and has the highest average income in Europe despite not being a member of the EU. It should not surprise that it is Britain, long accustomed to having its cake and eating it, that finds itself in the Brexit predicament.

The third proposition is that decentralization can mitigate the fragmentation dynamic inherent in the democratic order. Decentralization mitigates the complexity of diversity. With decentralization, the centre provides those public goods where economies of scale are significant, while the local governments take care of those whose prioritising will vary widely across the different constituent parts.

…With free trade, borders lose economic relevance. Small countries get to have their cake and eat it, like Switzerland, which trades freely with the EU, and has the highest average income in Europe despite not being a member of the EU.

What to make of all this? Let’s do the math.

The modern nation state is a European invention. In this regard, Europe provides as good a benchmark of organic nation-formation as there is. The United States is a natural experiment of self-forming nations. The European countries average at 164,000 sq. km including Russia and 126,000 excluding Russia with average populations at 15m and 12 million respectively.

However, the typical European country is between 40,000 and 100,000 sq. km with populations between two and ten million people. American states are not that different, averaging 146,000 sq. km and 6.3 million people, with only three states with populations over 20 million (California, Texas and Florida).

The “natural” nation-state it seems is of the same order of magnitude as Africa’s small successful states. The governable African country would seem to be in the eSwatini (17.000 sq. km)- Ghana/Guinea (240,000 sq. km) ballpark.

How to hold onto and sustain plunder of such massive territories in the face of expanding political freedom, globalization, huge diverse populations and ecological pressure? Leviathans have their work cut out.

Africa. Average size of country: 607,000 sq. km including the Sahara desert, 423,400 excluding the Sahara desert—3.4 times and 2.6 times the European and US respectively—consistent with the handiwork of a plunder-maximizing Leviathan cartel. Average population currently is 24 million, but Africa’s population is projected to reach 2.5 billion in 2050, which works out to 50m per country.

How to hold onto and sustain plunder of such massive territories in the face of expanding political freedom, globalization, huge diverse populations and ecological pressure? Leviathans have their work cut out.

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David Ndii

David Ndii is one of Kenya's leading economists and public intellectuals.

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Slaying the Monster: How to Win the War on Corruption in Kenya

The Judiciary is under sustained assault from the Executive branch of government and buck-passing has come to distinguish Kenya’s war on corruption. Beyond the blame games, there exist opportunities for Kenyans to break the yoke of oppressive corruption and chart a new course towards a liberated future argues WILLY MUTUNGA.

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The social cost of corruption in this country is incalculable. It has emptied our ethical contents, hemorrhaged our economy, corroded and destabilized our politics.  It must be confronted directly and boldly, employing the full panoply of instruments of public education, sanction and restitution. Both administrative and legal measures must be summoned in this fight.

One significant but often ignored truth is that fighting corruption is primarily a political project. The political will leading that fight will only succeed if it is credible. Vehemence, however boisterous and loud; righteous but false indignation, however shrill, are all “a tale told by an idiot full of sound and fury signifying nothing.”

We must ponder. Why did wananchi undertake citizens’ arrest of corrupt officers when NARC (National Rainbow Coalition) came to power? Why did harambees, land allocations and the attendant corruption around public land die during the Kibaki years? If the link between harambees and corruption had long been established (see several Transparency International reports on this subject), why did we resurrect them in 2013, sometimes in total disregard of the law that prohibits public servants from conducting them?

The big question we pose, is do the political elite now leading the fight against corruption have the moral standing sufficient to win public credibility? If they do not then how can they win? My view is the lifestyle audit from the top that was promised a year ago would have come close to conferring that credibility. And that credibility will be long in coming until we clear the dark clouds surrounding issues like Eurobond, the Afya House Scandal, Laptop and Medical equipment leasing to name but a few and make public the sovereign debt for debate.

So, which arm of state is the most corrupt?

This is a false question that is at the core of the blame games being played over the “War on Corruption.”

Over two years ago when I still worked in the Judiciary, Hon Duale, the majority leader in the National Assembly and I, had an interesting spat on Twitter. He had posted a tweet decrying corruption in the Judiciary. I retorted that there was corruption in the Judiciary but not the magnitude found in Parliament. I believe very few people would doubt the enormity of corruption in the Executive and Legislative arms. One only needs to read the Auditor-General reports since independence to confirm this.

Historically, whereas the Judiciary has faced its own independent corruption challenges, part of this problem has been driven by the fact that the Judiciary has been an appendage of the colonial and postcolonial Executive. What is not common knowledge is that until 2010, the Judiciary was closely weaved into the structure and organization of government, listed as a Department of the Attorney General’s Office.

Staff were under the public service and the Judiciary was the place where ‘problematic’ civil servants were banished as punishment.

District Treasuries held Judiciary accounts (some are still in their control even though we began the delinking process). Ironically, since the Judiciary never dared stand up to the Executive, it did the latter’s bidding, but also created spaces for it to shake down litigants, the Judiciary well protected by the Executive in this form of corruption.

The state has always known who the corrupt judicial officers and staff are. The incorruptible ones have had to struggle against the pressure of the Executive and other forces to save their integrity. I believe that is the challenge the Judiciary faces in its quest for integrity and independence. Therefore, the issue is not which of the arms ( of government) is more corrupt but rather how the arms and their organs reflect the integrity and independence decreed by the Constitution.

“War on Corruption” is a National Project

For the “War on Corruption” to be operationally successful, it has to be a national project where the entire justice chain must work in coordination and in concert.  This requires that investigation (police), prosecution (Director of Public Prosecution), and the adjudication (Judiciary) should be seamless, effective, incorruptible, and focus on the national interest.

The National Council for the Administration of Justice (NCAJ), which the Honourable Chief Justice chairs, brings together representatives of the Executive (Attorney-General, DPP, Prisons, Inspector-General of Police) and representatives from civil society and the private sector. This provides the institutional framework for the attainment and monitoring of this objective.

It is the arena where approaches to the fight against corruption should be discussed and any outstanding issues resolved. If NCAJ worked properly, the public altercation that we have seen in this fight would not occur. It is the peer review chamber in the administration of justice where each of the agencies can be held to account.

There has been a consistent policy of blame games by the members of this chain for the administration of justice, that does not serve national interest. The investigations are supposed to be as thorough as the prosecution with the Judiciary promising no delays or compromises in its administration of justice. I believe it was also once suggested that the Inspector-General of Police, through the Director of Criminal Investigations, could utilize the services of the lawyers upfront to make sure that all the relevant and admissible evidence was collected. I believe it was also a practice that once the investigations were complete and the suspects given the chance to respond, the Office of the DPP would peruse the file to make sure the charges taken to court were in order and backed by evidence. Bail applications would be dealt with on this basis and there would be no applications for time to complete investigations, secure exhibits and so on. The NYS criminal prosecution (among others) clearly demonstrates the policies of the NCAJ, are not being adhered to.

The integrity of the organs and institutions in the entire chain for the Administration of Justice is premised on the integrity and independence of such organs and institutions. So who protects their independence? It is the organs and institutions themselves, the citizens, and other arms of state, the corporate sector, civil society and international interests.

All these organs and institutions face pressure from different quarters anyway, including ethnic communities, families, friends and other insidious demands. Politicians and their masters, the cartels and foreign interests, do not support the independence and integrity of these institutions and they seek continuously and consistently to capture and enslave them. Rarely, do they talk about their corruption, and politics of division and inhumanity. Indeed, when politicians attack institutions that have integrity they invariably do great job in guarding the integrity and independence of these institutions. The attacks by politicians can be construed as the frustration and failure on their part in their quest to enslave these institutions.

The Constitutional Oath of Office

Officers in the three arms and all organs of the State  swear to uphold the Constitution. Yet as soon as you are sworn in to serve, this duty seems to be constantly and summarily forgotten. Most politicians have not read the Constitution. If they did why would they argue publicly that one cannot be granted bail when charged with murder? Why would they be quiet about the right of appeal against decisions granting or denying bail? I am quite sure they could get basic constitutional education from the learned lawyers if they chose to be honest about the issue of bail. I have heard the two main ‘hand-shakers’ attack the Judiciary on issues of bail. How will they protect the integrity and independence of institutions if they constantly abuse and disrespect them? It seems using the Judiciary as a punching bag is not restricted to presidential petitions and their outcomes. The independence and integrity of institutions have to be nurtured by a culture of respect and dialogue.

The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.” It is a clearly predictable critique because the investigatory and prosecution processes are in the departments controlled by the Executive. Indeed, for the entire chain in the War on Corruption to work seamlessly and effectively the Executive must respect their integrity and independence. The Inspector-General of Police and the Office of the DPP must resist compromising their integrity and independence as decreed by the Constitution. Every institution under the Constitution has delegated powers from the Kenyan people. Protecting the human rights of the Kenyan people in the processes of investigating corruption and prosecuting it are cardinal considerations to bear in mind. Investigations and prosecutions must never be selective or politically motivated.

The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.”

It pains me when I hear Right Honourable Raila Odinga subvert the Constitution by arguing that suspects of murder and corruption must prove their innocence. The Constitution provides otherwise. Indeed, he knows that the provisions on bail in part are historically explained by the trials and tribulations he and other patriots went through in the courts captured by the Jomo Kenyatta-Moi-KANU dictatorships. I was shocked by his proposal in the said conference that suspects must prove their innocence and the courts, notwithstanding the provisions of the Constitution, must deny such suspects bail. President Uhuru, himself a beneficiary of soft bail from an international court that enabled him to run and campaign for office, earlier criticized the courts for giving soft bail terms. We are told that the courts must decide based on the will of the Executive notwithstanding the provisions of the Constitution and the Oath of Office taken by all judicial officers to uphold the Constitution and protect it. I hope that both our leaders never rue the day they uttered these words in the future. An independent Judiciary is critical to all politicians, as is indeed, to all citizens.

What has always surprised me is how those who attack and refuse to nurture the integrity and independence of institutions forget that they need those institutions more than the ordinary citizens. If as a politician or a cartel you enslave an institution, what guarantees you that your enemies, once in the same privileged position as you, will not use the institution against you? In this regard, all politicians and other interest groups should not influence (in any way) the integrity and independence of the Judiciary. They will not have to yell from the rooftops that “money has been poured (sic) or we are being finished” when their turn comes to answer the crimes they have committed. Judiciaries are temples of justice where the oppressed, discriminated, bullied, tortured, and intimidated run to. You do not want to run there and find your worst enemy at the entrance of the temple of justice!

Paying Lip Service to Corruption

Let us not pay lip service to War on Corruption. Let us not be selective in the prosecutions. Let us be consistent in our narratives in support of the War. What became of lifestyle audits that would start from the very top of our political leadership? Why, in the observation of the constitutional values of integrity, transparency, and accountability should we not make accessible all management and loan agreements, and details of our sovereign debt? Why do citizens have to go to court under Article 35 (freedom of information) of the Constitution to get these agreements and details? What is being hidden from the Kenyan public? It is on the basis of this disclosure that we can have a national dialogue on what these debts are, and who will ultimately pay for them.

I believe some are not even legally recoverable.

Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources. Kenyans must still demand the implementation of the Constitution in its entirety in their quest to change our unacceptable and unsustainable status quo.

The War on Corruption in Kenya is also an intra-elite struggle about looting, succession, corruption, and how fruits of corruption are shared. The War is also about struggles between national cartels and foreign interests. Like any other war it is an industry where profits are found in buying elections, oiling the machinery of state violence, and investing the ill-gotten gains internally and externally. The corrupt have no loyalty to any country or relationship. The elite hate the people they rule. How does one view all these merchants of death in any other way? The so-called illicit economy (money laundering, piracy, terrorism, human trafficking, trafficking in human body parts, counterfeit, corruption, wildlife crimes) co-exists with legitimate ones – there is no distinction. Legal corruption (such as exploitation) is a twin of illegal corruption reflected in the illicit economy. Ultimately, a system that puts profits before people controls and owns both legal and illegal corruption.

Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources.

The War on Corruption must extend to foreign interests and forces (economic, social, military, financial, communications and surveillance, the entire system of imperialism of the West and East) if the War is to be won.

What can we do in the short-term?

Political leaderships the world over and the interests they serve (economic, social, military, financial) are the root cause of corruption. The joint control of resources by leaders and their interests mean that only by bringing, by all means possible, leaderships that are alternative to the current ones can we hope to end corruption, or at least start mitigating it.

In the case of Kenya, we are yet to even occupy the vacuum that exists for authentic opposition. Such opposition is the beginning of this struggle. We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.

This will be a national convention by delegates of all social movements and non-baronial parties and their affiliates. I believe there has been enough discussion on the critiques and consequences of corruption on our development. The national convention should collate and coordinate solutions and actions to achieve them. We have various precedents of national conventions. We had one in Limuru in April 1997. There have been other formats like the one adopted by the Kenya Tuitakayo Initiative.

Public intellectuals will definitely play an important role.

We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.

The convention will also draw a four-year program of activities by social movements and parties and the holding of a yearly national convention. It will have sub-committees to deal with specific issues. I believe all these initiatives can be funded by Kenyans. The convention will determine a funding strategy. And there are many more issues to come out of the convention such as its manifesto, ideology, politics, and membership. It is not rocket science.

The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now.

We need to protect and secure our national resources. Out of these movements, and political parties that are not captured by baronial elites, a national progressive party can be formed to contest political power over the next ten years. The window of opportunity is now. The time for the politics of issues is now. The opportunity for implementing the Constitution, particularly its fundamental pillars are now. The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now. This can only be done by political formations that will contest political power and wrestle it away from the barons.

Kenya gained its nominal independence because of the Mau Mau War of Independence and the collapse of the British Empire. There followed the second liberation that resurrected multipartyism. There was the third liberation brought about by the promulgation and implementation of the 2010 Constitution. Together with citizens of the world, we must bring about a humane, peaceful, non-violent and non-militaristic planet that is ecologically safe, equitable, The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya. just and prosperous.

The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya.

We in Kenya must start our effort for an alternative world. Let us think freedom and emancipation of our country, our continent, and our planet. To do so we must imagine the defeat of the imperialism of West and East. Such a world cannot exist under these current corrupt systems. Our Constitution’s vision is socially democratic and its implementation will put us into the trajectory of the fourth liberation forming the basis of the fifth liberation to come.

The views expressed are personal to the author and do not in any way reflect those the Office of the Former Chief Justice

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Battle of Ideas: The Social Responsibility of Intellectuals in Building Counter-Hegemonies

In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. By ISSA SHIVJI

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Battle of Ideas: The Social Responsibility of Intellectuals in Building Counter-Hegemonies

Intellectuals pride themselves as producers of knowledge. They are also articulators of ideologies, a role they do not normally acknowledge. Respectable universities worth the name call themselves sites of knowledge production. I say “respectable” because these days many neo-liberalised universities have abandoned the role of knowledge production in favour of packaging disparate information and branding their “products” (students) to make them saleable on the market. That is a story for another day. Today I don’t want to talk about packaging factories. Today I want to address those intellectuals who still consider themselves producers of knowledge rather than assembly line supervisors of packaging industries.

In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. These are the producers and purveyors of what we call hegemonic ideologies. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. Thus there is a battle of ideas. One of the foremost sites of the battle of ideas is the University. Battle of ideas precedes battle at the barricades.

Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion. It was Gramsci’s great insight that the bourgeoisie rule by mobilising consent through its ideological apparatuses, both in the state (for example, courts) but – and this is important to note – also in civil society, for example, institutions of education, media, CSOs, art, literature etc. The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time. During normal times, therefore, the coercion of the bourgeois state does not appear on the surface. It is there – but always in the background. This is the case in normal times. What happens in times of crisis – in times when the underlying capitalist system itself is in the crisis of reproducing itself? It is the crisis that interests me most because, I believe, we are currently in such a crisis of the global imperialist-capitalist system. I will not go into the details of the economics of the crisis because I want to focus more on its ideological expressions.

Battle of ideas precedes battle at the barricades.

Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism (for short, I’ll call them “new nationalisms”) both in the Centres (the global North) and in the Peripheries (the global South). In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric. Brexist is one such example; the other is Trump’s laughable but tragic Mexican wall project.

In the South, there is a rise of demagogic and populist leaders who wave the flag of narrow ethnic, racist, religious and parochial patriotism. Modi of India, Duterte of Philippines and Bolsonaro of Brazil, well illustrate populist and demagogic languages. Modi waves the flag of Hindutva which is nothing but an assertion of Hindu supremacy. Inevitably this unleashes street violence against minorities – Muslims, Christians and Dalits. Bolsonaro deploys his populist slogans against Blacks, women and LGBT communities. In Latin America, another Bolsonaro is in the making. This is the gentleman called Juan Guaido who has “democratically” declared himself the president of Venezuela. He is supported by the “champions of democracy” in America and Europe and recognised, among others, by the only “democracy” in the Middle East – Israel. [Please note the term “democracy” and all its derivatives here are in inverted commas.]

Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion

I’d suggest that the upsurge of “new nationalisms” is a backlash to neoliberalism gone wild. Ironically, neo-liberalism itself paved the path for the rise of “new nationalisms”. Neo-liberal ideologies did not have a long staying power but for some four decades of its rule it caused havoc. Market and monetarism were its mantra. Neo-liberalism attacked bourgeois liberalism in the Centres and assaulted post-colonial, radical and progressive nationalism in the Peripheries. Socially, it rested on individuation as opposed to bourgeois individualism. The best description of individuation comes from Margaret Thatcher who rhetorically exclaimed: ‘Society, what society! There is no such thing as society!’ There are only disparate individuals. Bourgeois individuals stood for rights and obligations. Neo-liberal individuates don’t stand for anything – except for self-enrichment and aggrandizement. They will sell their rights and trample on others’ rights so long as they can “move on”. And ‘obligation’ has no place in their utterly self-centered mindsets.

On economic level, neo-liberalism is based on the endless creation of fictitious commodities and their privatisation. So public goods – education, health, water, energy and air are commodified and owned; so also flora and fauna, mountains, rivers and forests; bio resources and genetically modified life organisms become private property to be owned and traded for profit. Even languages and cultural practices get patented and owned. (Recently Walt Disney took out a patent on the Kiswahili phrase: Hakuna Matata!) Debt, including sovereign debt, becomes a commodity and is traded. Financial oligarchies offer cheap credit – so every one from individuals through households to states borrow heavily becoming indebted. Debt slavery has become a new kind of slavery. We all exist in debt to financial sharks, literally and figuratively. Descartes’ famous saying, “I think therefore I am” becomes “I am indebted therefore I am”. Underlying it all is rampant primitive accumulation by a small financial oligarchy overshadowing ‘accumulation by expansion’ in the productive sphere. Financialisation becomes the name of the game. Fictitious economy takes leave of real economy and begins to believe in self-regulation and self-reproduction. When the hiatus between the real and fictitious economy becomes unsustainable, the bubble bursts like the 2007-2008 prime mortgage crisis in the US that spread like wild fire to other countries. But the state pumps in trillions of dollars to save financial institutions, which duly resume their nefarious transactions. The outcome of the crisis is further concentration of wealth and power in fewer hands.

The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time.

Inequality, unemployment, poverty, despair and hopelessness rise as wealth concentrates in a small minority. Angry masses become cannon fodder on which rising fascist and right-wing feed. In the absence of a feasible alternative, this is the way the masses hit back at neo-liberal excesses.

Neo-liberalism was primarily an ideological assault on radical nationalism and its relatively independent policies. It devastated our social fabric and the neo-liberalisation of our universities destroyed counter-hegemonic, progressive discourses and debates. The University structures were corporatized. Courses lost their integrity as they were semesterised and modularised. Short courses proliferated. Basic research was undermined as policy consultancy overwhelmed the faculty. Knowledge production was substituted by online information gathering. A few resisted but many surrendered. Voices of resistance from staff and students were stifled and suppressed. University authorities spent more on surveillance gadgets to keep students in check rather than on sanitation facilities in dorms to keep students healthy. This campus, once known for its intellectual salience, is today cited for its selective silence. The kind of discourse that I’m indulging in today, I bet, must sound Greek and Latin to our neo-liberal generation of both students and faculty. This is the story of many African campuses.

As a consequence, the rise of “new nationalisms” caught intellectuals by surprise. Neither did they anticipate it nor do they know how to react to it. The knee-jerk reaction on many African campuses – not all of course – has been to join the bandwagon either out of choice or because of lack of choice.

Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism both in the Centres and in the Peripheries. In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric.

“New nationalisms” across the global South share certain characteristics, albeit manifesting in different forms and languages, depending on concrete conditions. Some manifestations are undoubtedly progressive but are invariably eclectic.

Firstly, populism speaks in the name of the poor against the poor. Secondly, it privileges ‘God and country’ instead of peoples and nations. Thirdly, it concentrates power and destroys other potential centres of actual or potential power. Fourthly, it seeks legitimacy in “gods and ancestors” rather than its people. Fifthly, it makes fetish of “industrialisation-as-development” while marginalising agriculture and pillorying “development-as-freedom”. In Africa, no doubt, we need industrialisation to develop but development is more than industrialisation. Development, as Mwalimu Nyerere used to say, is a social process of enlarging the terrain of freedom and constricting the tyranny of necessity.

Sixthly, ”new nationalism” mounts a concerted assault on veritable centres of thinking, especially universities. My Indian friends from Jawaharlal Nehru University tell me that Modi’s regime has repeatedly tried to destroy radicalism at JNU, by slapping criminal charges on radical faculty and students, by mounting direct attacks by police on the Campus and by appointing regime’s stooges as vice-chancellors, and so on.

The upsurge of “new nationalisms” is a backlash to neoliberalism gone wild

Seventhly, the anti-imperialist rhetoric of “new nationalisms” is eclectic and selective. It is couched in the language of “they”, the foreigners, and “we”, the indigenous, rather than as an anti-systemic project.

Finally, in Africa, the “new nationalism” is singularly bereft of the Pan-African dimension. This is very much unlike the first wave of nationalism, which was born of Pan-Africanism and tried to keep it on the political radar in spite of its problems and shortcomings. Paraphrasing Mwalimu Nyerere, I would say that African nationalism could only be Pan-Africanism otherwise it becomes “the equivalent of tribalism in the context of our separate nation states.” (Nyerere)

Under the circumstances, it is squarely the social responsibility of intellectuals to construct a counter-hegemonic project that would resonate with the lives of the vast majority. Instead, African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for. The liberal language of political pluralism, social diversity, ideological identity and party politics is, in my view, inadequate and does not touch the hearts and minds of our people. We must always remember that it is liberalism constructed on capitalist foundations that created the soil for the rise of neo-liberalism and its offshoot “new nationalisms” in the first place.

One cannot construct a counter-hegemonic project in the abstract and I do not intend to do so. Such alternatives are built in the course of struggle. By way of conclusion, though, I’d like to suggest for our consideration that any counter-hegemonic project must be based on four building blocks. These are: popular livelihoodspopular participationpopular power and popular rights and freedoms.

‘Popular’ is used in two senses: one that it is anti-imperialist and two, that it is based on a ‘bloc of popular classes’, which together I call working people. The term popular helps us to distance ourselves from populisms emanating from the term ‘people’. The term popular livelihoods does not require any further explanation. Needless to say it has to be based on a people-centered development. (And by ‘people’ I mean working people.)

Popular participation is meant to interrogate the limits of parliamentary and party politics and rethink the institutions of the state. The idea is to posit a new mode of politics. Politics are where the masses are. And masses are in villages and urban ghettoes and neighbourhoods. So popular participation and popular power is meant to re-locate power and politics from the state to villages and neighbourhoods.

African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for.

In popular rights and freedoms I include two fundamental rights and four fundamental freedoms. The fundamental rights are right to human existence to live life with dignity and right to organise means that an organised working people are able to defend their interests themselves through their own organisations – whether these are trade unions, workers’ associations, working women’s organisations, peasant co-operatives or peasant parties. Forms of organisation arise from concrete conditions. People have always been innovative in organising themselves for resistance and for fighting for alternatives.

Four fundamental freedoms are: freedom from want, freedom from fearfreedom from violence (both state and social violence) and freedom from enforced silence – in other words, right to speak out. Time does not allow me to elaborate further on the building blocks of an alternative Project. My aim was simple: to jolt us from the slumber of silence. My hope is – and I’m eternally hopeful – that this type of discourses will morph us from the state of unthinking to the state of thinking.

This article adopted from a Keynote address at the University of Dar es Salaam was first published in Sauti ya Ujamaa on February, 2 2019.

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The Swan Song of Electoral Democracy: From Kenyatta to Kabila, the Rise of a New Impunity

The farcical rigging of the DR Congo election was only a surprise to the extent that fellow African presidents and international observer missions were not in on Joseph Kabila’s novel innovation: fixing the election for an opposition candidate. With 20 African elections set for 2019, does the threat of the Congolese example confirm a final retreat of electoral democracy on the continent? What is to be done? By MIRIAM ABRAHAM

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The Swan Song of Electoral Democracy: From Kenyatta to Kabila, the Rise of a New Impunity

The normalization of electoral pilferage in Africa is baffling. Election management bodies, long the political tools of incumbents, can’t stop outdoing each other in their mediocrity. And ready to legitimise these atrocities, are African presidents who compete to be the first to convey congratulatory messages. Not to be outdone, international and regional organizations continue to provide technical support for these sham processes, releasing bland observation reports that rubber-stamp electoral fraud. And the diplomats, who while investigations are launched on sabotage of elections in their own countries, undermine electoral justice in their host countries.

The recent charade in the Democratic Republic of Congo is only the latest in the disturbing trend. Similar processes in Zimbabwe, Cameroon, Rwanda and Kenya, in the past year or so, confirm this. In these four situations, the incumbent retained power, despite detention of political opponents, massive irregularities, blatant theft, intimidation of voters and in some cases, brutal murders by security operatives. With elections scheduled in more than 20 countries this year including Nigeria, Ethiopia, South Africa and Malawi, we should expect this trend to continue unabated.

Turning to the Democratic Republic of Congo: it has the world’s most complex and longest running humanitarian crisis. It is estimated that since 1996, violence has claimed over six million lives (without including the period between its independence from Belgium in 1960 to 1995). Historically, the country has never had a bloodless transfer of power. Former President, Joseph Kabila, who inherited the seat from his assassinated father, Laurent Kabila in 2001, managed to cling to power for 18 years. He could have probably postponed elections again, if the Congolese, led by the Catholic Church, did not keep the pressure on him finally to conduct them.

The recent charade in the Democratic Republic of Congo is only the latest in a disturbing trend. Similar processes in Zimbabwe, Cameroon, Rwanda and Kenya, in the past year or so, confirm this. With elections scheduled in more than 20 countries this year including Nigeria, Ethiopia, South Africa and Malawi, we should expect this trend to continue unabated.

With this background, most people would agree that the people of Congo need some semblance of stability (the strict meaning of which usually excludes the violence prosecuted by countries and multinationals pillaging Congo’s rich minerals and timber). But must electoral justice and political stability be mutually exclusive? Several colleagues, working in support of the Congolese election management body, CENI, have expressed their shock and disbelief at the swapping of the presidential results and the manipulation of the legislative vote. These are colleagues who are hardened electoral experts – they have seen it all, from Cambodia to Afghanistan and everything in between.

Most people would agree that the people of Congo need stability (the strict meaning of which usually excludes the violence prosecuted by countries and multinationals pillaging Congo’s rich minerals and timber). But must electoral justice and political stability be mutually exclusive?

In our conversations, I have sought to understand why the Congolese case gets them more perturbed than say, Kenya or Zimbabwe – places in which they recently worked. It is clear that it is because the game played by Kabila deviated from the usual script. These international organizations, complicit in aiding theft in favour of incumbents or their anointed successors, cannot relate to a situation where an incumbent does this in favour of an opposition candidate.

As one of my colleagues said to me, “The difference is that in Kenya, it was not as blatant, there was no paper trail.” I should have been shocked to hear this, that the Kenyans were more adept at creating a farce of an electoral process than the Congolese. What many of these colleagues of mine do not understand is that the end game is the same. In both cases, the will of the people was subverted. For the diplomats and international organizations, their private outrage was that the Congolese were too obvious in their deceit. Perhaps even more outrageous was that Kabila had excluded them from his game plan. They were checkmated with the rest of us. They were not among the usual plotters of the game plan. They were prepared to make a case for how the ruling party had won, because of the power of incumbency, the divisions among the opposition and the sheer constructed tyranny of numbers. They were not prepared for what author and journalist Charles Onyango-Obbo dubbed the ‘Kabila Method’. It partly explains why contradictory statements were issued by the African Union, SADC and some European capitals, in support of the legitimate winner of the race, Martin Fayulu, before capitulating and vowing to work with President Felix Tshisekedi.

I have sought to understand why the Congolese case gets my colleagues more perturbed than say, Kenya or Zimbabwe…It is because the game played by Kabila deviated from the usual script.

If elections are indeed ritual processes to confirm the incumbents or their chosen successors, then why should we invest our hopes, blood, emotions and resources in them? Would we not be best served by monarchs such as those in Morocco and Saudi Arabia? According to several sources, and data collected by ACE African countries rank among the highest in spending on organizing elections. (This does not include campaign financing, for which the United States is off the charts.) Curiously, the higher the amount of money handed over to the ‘independent’ election management body, the lower the country ranks in the Democracy-Index maintained by The Economist.

It is estimated that in 2017 Kenya spent $ 25.4 per registered voter (not including the repeat 26 October 2017 presidential election, petitions and by-elections) and ranks 98 out of 167 states in the Democracy-Index. Botswana ranks 28th in the Index and spends an average of $2.07 per voter, although this may increase in 2019 if the country proceeds with the use of Electronic Voting Machines (EVMs).

[International observers] were prepared to make a case for how the ruling party had won, because of the power of incumbency, the divisions among the opposition and the sheer constructed tyranny of numbers. They were not prepared for what author and journalist Charles Onyango-Obbo dubbed the ‘Kabila Method’.

African leaders are getting more emboldened in methods of securing legitimacy, even amidst blatant electoral theft. They know that they can rely on the African Union and other regional organizations such as IGAD and SADC to issue observation reports lauding their illegitimate electoral processes. Prime Ministers, Presidents (sometimes sprinkling onto their official delegations, erstwhile opposition leaders, recent victims of electoral theft now co-opted by the incumbent) will troop to their inauguration ceremonies. They can count on the United Nations to issue statements congratulating the people “for voting peacefully” (as if voters were ever the problem) and taking note of the decisions of the ‘constitutionally established institutions’, even when their own staff have concrete evidence of the foul play and state capture of these institutions.

These leaders are aware that they can use excessive violence and repression to silence their opponents with impunity. And if this does not work out, they will buy off the opposition with the proverbial thirty pieces of silver and repeat the charade in the next electoral cycle. Or they will promise their victims that, in joining government, the same system that rigged them out could well rig them in, next time. Which begs the question of why we spend billions on elections. Why do we put ourselves through the emotional wringer to end up with leaders we did not choose? Why participate in a charade that ends up keeping the political barons, as former Chief Justice Willy Mutunga calls them, in power?

Electoral disillusionment is not unique to Africa. One could argue that there exists today a global democracy deficit as acute in Europe and North America as it is in Africa. Political scientist Larry Diamond has produced many publications on the subject of ‘democratic recession’. Many more researchers have studied in detail whether democracy is in retreat or not. It is however safe to say that what we have recently seen in Latin America, the US, and Europe is a backlash against leftist policies that pushed the middle class to the edge, with leaders, perceived as unrepresentative and out of touch, playing xenophobic dog-whistle politics with immigrants. Many of these countries have ended up electing populist, nationalist and right-wing leaders, who as expected have not provided solutions to their woes but rather introduced divisive and polarizing politics and policies.

Electoral disillusionment is not unique to Africa. One could argue that there exists today a global democracy deficit as acute in Europe and North America as it is in Africa.

While one could question the quality of the electoral processes in these countries, these leaders are not in power because election results were swapped blatantly, either electronically, as was in Kenya, or manually as in the DRC. It is also evident that, as was the case in the mid-term elections in the US, voters are still determined to organize and repudiate values that they deem not representative of their views. The fact that a 70-year tradition of habitually low voter turn-outs was broken – turn-out was a record 60 percent, yielding the most diverse (youth, women, Muslims) US Congress ever – holds hope for electoral democracy elsewhere. Social movements are growing in Slovakia, Romania and even in Poland to push back against these populist tendencies.

There are examples galore in Africa of what happens when people lose hope in electoral democracy— a system – a strict definition is worth restating in these strange times – in which citizens, through universal suffrage, choose and replace their leaders in regular, free, fair, and meaningful elections. This stands true even in cases where there is a façade of democracy created by the autocrats, such as Kenya. From Algeria to Zimbabwe, political changes have taken place, mostly peacefully through social and political movements. Whether in Burkina Faso or The Gambia, citizens have proven their will and capacity to alter their political fate.

Electoral democracy requires patience and hard work, both of which are acutely deficient, especially as we fall victim of the establishment’s distractions. For now in Kenya, the ‘Ruto Bogeyman’ has been created. Instead of spending time nurturing alternative leadership, the public has consented to being used as State House’s battering ram against him. It’s worth recalling that between 2013 and 2017, we were subjected to the ‘Raila Bogeyman’ regime campaign. We have long forgotten about demanding a public inquiry into the 2017 electoral fiasco – or the 2013 debacle. Those who managed the 2017 electoral thuggery continue to receive public funding and tour the world in the name of exporting “lessons learned” from their experience of managing two presidential elections in less than a year! We are collectively distracted by the smoke and mirrors ‘fight’ against graft. We have even signed on to blaming the judiciary for its handling of poorly prosecuted corruption cases designed to fail. Our social media platforms still have messages appealing for unity against terrorists, without questioning why Al-Shabaab successfully targets Kenyan towns and cities, and fails to do so against Addis Ababa whose troops have been in Somalia longer than us. We even get to spend time celebrating or bemoaning (depending on your political stripe) that Cabinet Secretary Fred Matiang’i is now empowered to coordinate the achievement of the government’s agenda while all along his official title reads exactly that (CS, Interior and Coordination of National Government).

It is tempting to write off electoral democracy in Kenya, especially now. However, there may be still room to begin laying the foundations for overturning the ‘faux democracy’ of the past 50 years. It might be tempting to focus only on de-registering ourselves from the IEBC’s voters roll, which anyway by law needs to be discarded and a new voter registration process to be initiated before the 2022 election.

We owe it to our children to do more than this. To play our role in shaking the current system that has been controlled by the dynasties and elite political ‘barons’ for the past five decades. It requires organizing around a movement that advocates for a different type of leadership – a Third Liberation, if you will. This is an arduous task, requiring time and dedication. It requires going back to the basics of defining the kind of leadership we deserve as a people to end impunity, theft of public resources, to protect our environment and to guarantee public safety and security for all. This is possible. It has been done before in Kenya, with varying levels of success, and it can be done again.

We owe it to our children to do more than this. To play our role in shaking the current system that has been controlled by the dynasties and elite political ‘barons’ for the past five decades. It requires organizing around a movement that advocates for a different type of leadership – a Third Liberation, if you will.

But even as we chart this path, we must remember to hold the leaders of these movements accountable to the people. Most of today’s autocrats in Africa were yesterday’s defenders of democracy. Yoweri Museveni of Uganda toppled the Tito Okello military dictatorship 33 years ago; today, he ranks among Africa’s longest serving despots. In Guinea, President Alpha Condé, a long-time opposition leader, became the first democratically elected president in 2011 and appears to be preparing to remove term limits in addition to his ongoing repressive tendencies against his opponents. In Cote d’Ivoire, the hope that Alassane Dramane Ouattara embodied has long been replaced by the very same tactics of his predecessor Laurent Gbagbo. Closer home, one of the prominent leaders of the ‘second liberation’ Rt. Hon. Raila Odinga and the ‘Young Turks’ have joined forces with the ruling Jubilee Party to undermine the same values and aspirations they allegedly fought to protect.

The journey to real change, to electoral democracy, must advance by the dismantling of the entrenched structures that enable the rise of populism, divisive politics, corruption and impunity. It is a journey that we as a nation have really not yet begun. The jury is still out on how far we shall proceed before we are enjoined in the distractions set up by the political ‘barons’ and the dynasties. Until then, electoral democracy is a mirage. And ours will remain selection, not election processes. Just with more pomp, more pillaging and unfortunately, more deaths.

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