Africa

Credit: Oleksandr Rupeta/NurPhoto via Getty Images

By Inés M. Pousadela
MONTEVIDEO, Uruguay, Jul 8 2024 (IPS)

In June, the Namibian High Court struck down two sections of the country’s Sexual Offences Act that criminalised consensual sexual relations between men, finding them unconstitutional. While hardly anyone has been convicted for decades, the fact that their relationships were criminalised forced gay men to live in fear, perpetuated stigma and denied them recognition as rights holders, enabling discrimination, harassment and abuse.

In decriminalising same-sex relations, Namibia follows in the footsteps of Mauritius, which did so in 2023. In both countries, the criminalisation of consensual same-sex relations dated back to colonial times. Colonial overlords imposed these criminal provisions and countries typically retained them at independence, long after the UK had changed its laws.

Namibia gained independence from South Africa in 1990 but retained the criminal provisions South Africa inherited from the UK. South Africa then decriminalised male same-sex conduct in 1994 – sex between women was never criminalised – and recognised same-sex marriage in 2006. But Namibia hadn’t followed the same path – until now.

A concerning regional landscape

Following the decriminalisation of same-sex relations, Namibia is ranked 56th out of 196 countries on Equaldex’s Equality Index, which ranks countries according to their LGBTQI+ friendliness. Only three African countries are ranked higher: South Africa, Cabo Verde and the Seychelles.

Today, 66 countries around the world criminalise same-sex relationships: 31 in Africa, 22 in Asia and the Middle East, six in the Pacific and five in the Caribbean. A disproportionate number are members of the Commonwealth, the alliance mostly made up of countries colonised by the UK. Thirteen of the 29 Commonwealth countries that criminalise same-sex relations are African. This often comes with harsh prison sentences – up to 14 years in Kenya and up to life imprisonment in Sierra Leone and Tanzania. In northern Nigeria and Uganda, the death penalty can apply.

Some Commonwealth African states that have long criminalised same-sex relations, including Ghana, Kenya and Uganda, are experiencing a strong conservative backlash. Typically, small gains in rights have provoked disproportionate responses from anti-rights forces, who assert that LGBTQI+ rights are part of an imported western agenda – even though it’s criminalisation that was imported, and the anti-rights backlash is lavishly funded by foreign forces.

Intertwined legal cases

Same-sex marriage reached Namibia’s courts long before same-sex relationships were no longer a crime. In 2017, two men who’d married in South Africa, one Namibian and the other South African, filed a court application to prevent the South African partner and the couple’s son being treated as ‘prohibited immigrants’. They argued that the Department of Home Affairs and Immigration had discriminated against them on the basis of their sexual orientation and sought recognition of their marriage and joint guardianship of their son. A similar case was filed by a female couple – one Namibian and the other German – and the cases were merged.

In early 2018, the male couple won a petition allowing the South African partner to enter Namibia to be with his husband and son. But in January 2022, the High Court rejected the petition to recognise same-sex marriages celebrated abroad. The judges expressed sympathy for the applicants, but said they couldn’t overturn previous rulings by Namibia’s Supreme Court. However, this raised campaigners’ hopes of a favourable decision in a Supreme Court appeal.

Indeed, in May 2023, the Supreme Court recognised same-sex marriages performed abroad between Namibian citizens and foreign nationals. But the court also said homosexuality was a complex issue and same-sex marriage should be dealt with by parliament.

Meanwhile, same-sex relations between consenting adult males remained a criminal offence. But the time was ripe: in 2021, Namibian LGBTQI+ activists held the country’s largest-ever Pride celebration, which included calls for the repeal of criminalisation. And in 2022, a few months after the High Court decision not to recognise foreign same-sex marriages, LGBTQI+ activist Friedel Dausab challenged the common law offence of sodomy in court. Supported by the Human Dignity Trust, he argued that criminalisation of his identity was incompatible with his constitutional rights.

The High Court handed down its positive decision on 21 June 2024. The judges agreed that laws criminalising same-sex relationships amounted to unfair discrimination and were therefore unconstitutional and invalid.

Conservative backlash

LGBTQI+ advocates around the world welcomed the court’s decision, as did UNAIDS, the UN agency leading the global effort to end HIV/AIDS. But by the time the ruling came, resistance was underway.

In July 2023, in response to the Supreme Court ruling on same-sex marriage, parliament’s upper house quickly passed a bill banning same-sex marriages, including those contracted abroad. The bill would make it an offence to perform, participate in, promote or advertise these marriages, punishable by up to six years in prison. It was subsequently passed by parliament’s lower house and is currently awaiting the president’s decision to assent or veto. An appeal against the court’s decriminalisation decision also can’t be ruled out.

The way forward

While the direction of change so far makes it an example for the region, Namibia still has a long way to go. Outstanding issues include comprehensive protection against discrimination, marriage equality and adoption rights, recognition of non-binary genders, legalisation of gender reassignment and a ban on ‘conversion therapy’, a practice UN experts consider akin to torture.

Social change should be as much a priority as legal progress. The Equality Index makes it clear: social attitudes lag behind laws, with public homophobia a persistent problem. Moral panics, episodically mobilised by anti-rights reactions, cause public opinion to fluctuate, with no decisive majority in favour of equality. This means legal change won’t be enough, and won’t continue unless the climate of opinion changes.

In Namibia, as elsewhere, there’s a tug-of-war between forces fighting for rights and those resisting progress. It’s now a top priority for Namibian LGBTQI+ activists to shift attitudes. In doing so, they should show solidarity with their peers in less tolerant environments and become a source of hope beyond the country’s borders.

Inés M. Pousadela is CIVICUS Senior Research Specialist, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.

 

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By Jomo Kwame Sundaram
KUALA LUMPUR, Malaysia, Jul 8 2024 (IPS)

For some time, most multilateral financial institutions have urged developing countries to borrow commercially, but not from China. Now, borrowers are stuck in debt traps with little prospect of escape.

Jomo Kwame Sundaram

More debt, less growth since 2008
The last decade and a half has seen protracted worldwide stagnation, with some economies and people faring much worse than others.

The 2008 global financial crisis and Great Recession have recently been worsened by the Covid-19 pandemic, US Federal Reserve Bank-led interest rate hikes and escalating geopolitical economic warfare.

Following Reagan-inspired tax cuts, ostensibly to induce more private investments, budget deficits have loomed larger. Instead of enabling rapid recovery, greater fiscal austerity is now demanded, as in the 1980s.

After fiscal expansion averted the worst in 2009, unconventional monetary policies, mainly ‘quantitative easing’ (QE), took over. The European Central Bank (ECB) followed the US Fed’s QE lead for over a decade.

QE’s lower interest rates encouraged more borrowing as more credit became available and affordable. With rich nations offering less concessional finance, developing countries had little choice but to turn to markets for loans.

Spending counter-cyclically in a downturn requires government borrowing, which QE made more accessible and cheaper. The resulting borrowing surge has since returned to haunt these economies since 2022-23, when interest rates spiked.

Pushing debt
World Bank slogans, such as ‘from billions to trillions’, urged developing country governments to borrow more on market terms to meet their funding needs for the SDGs, climate and the pandemic.

With capital accounts open, many private investors have long sought ‘safety’ abroad. But when lucrative direct investment opportunities beckoned, e.g., in India, some ‘capital flight’ returned as foreign investments, typically privileged and protected by host governments and international treaties.

Easier credit availability on almost concessional terms, thanks to QE, enabled more, often innovative, financialization. Blended finance and other such innovations promised to ‘de-risk’ private investments, especially from abroad.

Despite less bank borrowing than in the 1970s, indebtedness increased with more market-based debt. However, such indebtedness did not grow the real economy much despite much private technological innovation.

Borrowing sours
The US Fed started raising interest rates from early 2022, blaming inflation on the tight labour market. As interest rates rose sharply, debt became more burdensome.

Thus, government borrowing worldwide became more constrained when more needed. Raising interest rates has dampened demand, including private and government spending for investment and consumption.

But recent economic contractions have been mainly due to supply-side disruptions. The second Cold War, the COVID-19 pandemic, and geo-political economic aggression have disrupted supply lines and logistics.

Raising interest rates dampens demand but does not address supply-side disruptions. Inappropriate policies have not helped, as such anti-inflationary measures have cut jobs, incomes, spending and demand worldwide.

Worse for some
Following the 2008 global financial crisis, successive US presidents have successfully maintained full employment. All central banks are committed to ensuring financial stability, but the US Fed also has an almost unique second mandate to maintain full employment.

Developing countries now face many more constraints on what they can do. Most are heavily indebted with little policy space for manoeuvre. With more financing from markets, the pro-cyclical bias is more pronounced.

Vulnerable developing countries believe they have little choice but to surrender to the market. Poverty in the poorest countries has not declined for almost a decade, while food security has not improved for even longer.

Worse, geopolitics has put much pressure on the Global South to spend more on the military. But most recent food price increases were due to speculation and ‘artificial’ rather than real shortages.

Poor worst off
The likelihood of distress increases with debt burdens. Debt stress has grown tremendously in the last two years, especially for developing countries heavily borrowing in major Western currencies.

Although the apparent reasons for central banks raising interest rates are rarely cited anymore, interest rates have not fallen, and funds have not flowed back to developing countries.

For at least a decade, the US has increasingly warned developing countries against borrowing from China despite its low interest rates compared to most other credit sources except Japan.

Consequently, China’s lending to developing countries, particularly in Sub-Saharan Africa, has fallen since 2016. By 2022, poorer countries had borrowed much more from commercial sources. But such private capital has since fled to the US and other Western markets offering high returns with more security.

Capital flight from developing countries, especially the poorest, followed as much less money went to the poorest developing countries via markets. With fewer funding options, the poorest countries have been the most vulnerable.

Negotiating with varied private creditors in markets, rather than via intergovernmental arrangements, has proved much more difficult. With much more private market funding, such financiers will not take instructions from governments unless compelled to do so.

Hence, little on the horizon offers any real hope of significant debt relief, let alone strong recovery and improved prospects for sustainable development in the Global South.

IPS UN Bureau

 

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By Danny Bradlow
PRETORIA, South Africa, Jul 5 2024 (IPS)

The recent Kenyan protests are a warning that the International Monetary Fund (IMF) is failing. The public does not think it is helping its member countries manage their economic and financial problems, which are being exacerbated by a rapidly changing global political economy.

To be sure, the IMF is not the only cause of Kenya’s problems with raising the funds to meet its substantial debt obligations and deal with its budget deficit. Other causes include the failure of the governing class to deal with corruption, to spend public finances responsibly and to manage an economy that produces jobs and improves the living standards of Kenya’s young population.

The country has also been hammered by drought, floods and locust infestations in recent years. In addition, its creditors are demanding that it continue servicing its large external debts despite its domestic challenges and a difficult international financial and economic environment.

Danny Bradlow

The IMF has provided financial support to Kenya. But the financing is subject to tough conditions which suggest that debt obligations matter more than the needs of long-suffering citizens. This is despite the IMF claiming that its mandate now includes helping states deal with issues like climate, digitalisation, gender, governance and inequality.

Unfortunately, Kenya is not an isolated case. Twenty-one African countries are receiving IMF support. In Africa, debt service, on average, exceeds the combined amounts governments are spending on health, education, climate and social services.

The tough conditions attached to IMF financing have led the citizens of Kenya and other African countries to conclude that a too powerful IMF is the cause of their problems. However, my research into the law, politics and history of the international financial institutions suggests the opposite: the real problem is the IMF’s decline in authority and efficacy.

Some history will help explain this and indicate a partial solution.

The history

When the treaty establishing the IMF was negotiated 80 years ago, it was expected to have resources equal to roughly 3% of global GDP. This was to help deal with the monetary and balance of payments problems of 44 countries. Today, the IMF is expected to help its 191 member countries deal with fiscal, monetary, financial and foreign exchange problems and with “new” issues like climate, gender and inequality.

To fulfil these responsibilities, its member states have provided the IMF with resources equal to only about 1% of global GDP.

The decline in its resources relative to the size of the global economy and of its membership has at least two pernicious effects.

The first is that it is providing its member states with less financial support than they require if they are to meet the needs of their citizens and comply with their legal commitments to creditors and citizens. The result is that the IMF remains a purveyor of austerity policies. It requires a country to make deeper spending cuts than would be needed if the IMF had adequate resources.

The second effect of declining resources is that it weakens the IMF’s bargaining position in managing sovereign debt crises. This is important because the IMF plays a critical role in such crises. It helps determine when a country needs debt relief or forgiveness, how big the gap between the country’s financial obligations and available resources is, how much the IMF will contribute to filling this gap and how much its other creditors must contribute.

When Mexico announced that it could not meet its debt obligations in 1982, the IMF stated that it would provide about a third of the money that Mexico needed to meet its obligations, provided its commercial creditors contributed the remaining funds. It was able to push the creditors to reach agreement with Mexico within months. It had sufficient resources to repeat the exercise in other developing countries in Latin America and eastern Europe.

The conditions that the IMF imposed on Mexico and the other debtor countries in return for this financial support created serious problems for these countries. Still, the IMF was an effective actor in the 1980s debt crisis.

Today, the IMF is unable to play such a decisive role. For example, it has provided Zambia with less than 10% of its financing needs. It has been four years since Zambia defaulted on its debt and, even with IMF support, it has not yet concluded restructuring agreements with all its creditors.

What is to be done?

The solution to this problem requires the rich countries to provide sufficient finances for the IMF to carry out its mandate. They must also surrender some control and make the organisation more democratic and accountable.

In the short term, the IMF can take two actions.

First, it must set out detailed policies and procedures that explain to its own staff, to its member states and to the inhabitants of these states what it can and will do. These policies should clarify the criteria that the IMF will use to determine when and how to incorporate climate, gender, inequality and other social issues into IMF operations.

They should also describe with whom it will consult, how external actors can engage with the IMF and the process it will follow in designing and implementing its operations. In fact, there are international norms and standards that the IMF can use to develop policies and procedures that are principled and transparent.

Second, the IMF must acknowledge that the issues raised by its expanded mandate are complex and that the risk of mistakes is high.

Consequently, the IMF needs a mechanism that can help it identify its mistakes, address their adverse impacts in a timely manner and avoid repeating them.

In short, the IMF must create an independent accountability mechanism such as an external ombudsman who can receive complaints.

Currently, the IMF is the only multilateral financial institution without such a mechanism. It therefore lacks the means for identifying unanticipated problems in its operations when they can still be corrected and for learning about the impact of its operations on the communities and people it is supposed to be helping.

Danny Bradlow is Professor/Senior Research Fellow, Centre for Advancement of Scholarship, University of Pretoria

Source: The Conversation

https://theconversation.com/the-imf-is-failing-countries-like-kenya-why-and-what-can-be-done-about-it-233825

IPS UN Bureau

 

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