The Global Surge Of Populist Protests In 2019: A Review | Michael Orekoya

The Global Surge Of Populist Protests In 2019: A Review | Michael Orekoya

INTRODUCTION:

In
Hong Kong, protesters have adopted Bruce Lee’s famous quote, “Be formless,
shapeless, like water” as their guiding strategy in protesting a proposed law
permitting the extradition of criminal suspects to China.[1] The non-hierarchical
nature of these protests has given the government a hard time suppressing them as
they hold spontaneously and simultaneously in different locations. In
Catalonia, sequel to the Spanish Supreme Court’s judgment, jailing nine
Catalonian separatist leaders, thousands of people have matched to the streets
demanding “justice”. 


In
Lebanon taxes imposed on What’sApp voice call, tobacco and petrol have prompted
protests and led to the resignation of the prime minister. In Algeria on the
other hand, mass protests have been happening almost throughout the year sequel
to ailing Abdelaziz Bouteflika’s intention to run for a fifth term, these
protests eventually prompted him to resign. In France, the gilets jaunes or yellow
vest protests that began last year were sparked off by a rise in petroleum taxes.
While in Chile it was a hike in bus fares that got people into the streets. In
Iran an increase in fuel price and economic hardship have sparked up populist
protests. In neighboring Iraq thousands of protesters have blocked public facilities
in a bid to demand the appointment of an independent prime minister.

Like
we have not seen it all, Todd Philip’s controversial movie, The Joker, was released
in August, portraying the chronicles of a mentally ill loner who eventually
became a symbol of a leaderless resistance against the wealthy elite after he
murdered three investment bankers. Julie Norman of University of London
described 2019 as a historically notable year of protest because of the “degree
of mobilization.”[2]
Mass populist protests have broken out all around the world in 2019, they
however share a common characteristic, they are usually leaderless; they were
products of social media awareness and advocacy rather than sentiments stirred
up by populist demagogues.

POPULISM DEFINED:

Populism
means different things to different people; it is from the Latin word populus
meaning, “Of the people”. The word was first used by the American Populist
Party in 1891. The party was a union of farmers, union leaders and workers
organizations. They agitated for the recognition of labour unions, regulation
of the rail road industry, a progressive income tax, women suffrage and direct
election of senators; the word populism was used to describe the promotion of
democracy in the late 19th century. Some historians have described
populism as a popular engagement of the population in political decision making.
Ernesto Laclau, renowned Argentine political theorist, described populism as an
emancipatory social force through which marginalized groups challenge dominant
power structures
. Today the term has been used negatively to refer to
political demagogues who present over simplistic answers, illogic arguments and
sometimes lies to complex sociopolitical questions, promising to shake up “the
establishment” in a bid to gather popular support from the people. This
explains why populist leaders are often viewed with suspicion and the term is
derogatorily used to describe politicians who promise radical change or make
promises that on closer look may not be feasible. The populist leader claims to
represent the unified will of the people. He stands in opposition to an enemy,
often embodied by the current system, aiming to take down the ruling elite. Populism
is not necessarily a good or bad ideology as both Adolf Hitler and Winston
Churchill could be described as populists as they appealed to and addressed the
growing frustrations of their people.


POPULIST DEMAGOGUES:

In
talking about the rise of populism it is pertinent also to talk about the rise
of 21st century populist demagogues, particularly in Europe.
Populist demagogues are notorious opportunists that claim to represent the
interests of the average or working class citizens and also claim to unite the
population against a common enemy. Populist demagogues appeal to the people,
their fears, anxieties, and dreams of a better world. The common enemy often
varies depending on the political spectrum of the politician. During his
campaign, Donald Trump depicted immigrants and the Republican establishment as
the common enemy, while Bernie Sanders constantly refer to Wall Street’s
billionaires as the enemy of the people.[3] They are often charismatic
as they are successful at galvanizing the masses. These populist demagogues
have gained momentum throughout Europe and South America in recent years,
convincing the people that socialist or left leaning policies negate the
collective will of the people. Populist demagogues choose a popular enemy like
the establishment, immigration or corruption and rally voters to get behind
that cause, sometimes this has led to popular movements and legal reforms, other
times it has snowballed into wide spread ultra-nationalism and nativism. Donald
Trump, while campaigning made a populist appeal to the economic and social
insecurity of many Americans, portraying his political opponents and the media
as the elite and employing a nativist and divisive tone.[4] Hungarian Prime Minister
Viktor Orban was overwhelmingly reelected for a third term after he has over
the years presented himself as anti-immigrants and anti European Union,
employing populist rhetoric to play upon the fears of the people. He once told
Hungarian media that: “We will never
allow Hungary to become a target country for immigrants. We want to keep
Hungary as Hungary.”[5]
By equating migrants with terrorists, Orban offered an oversimplified
answer to complex sociopolitical questions.

There
are three core character traits of populist demagogues.

·        
They make an appeal to the people,
championing their cause against the despised elite.

·        
They use crisis or manufacture crisis to
justify their cause to revolt against the ‘establishment.’

·        
They use inflammatory language when
addressing opposition.

Because
populists make up big and simplistic promises to shake up the society and
overthrow the establishment, they often seek to bypass democratic checks and
balances, particularly the judiciary and the media. They then tag these
institutions as elite conspiracies to block the will of the people.[6] Politicians like Nigel
Farage and Boris Johnson preyed on the nativism of British voters concerned
about increased immigration and manipulated these sentiments against the EU.  They capitalized on British dissatisfaction
with the status quo and helped turned the Brexit referendum into a catch-all
protest vote against everything that was wrong in the country. In France, Marine
Le Pen uses populist rhetoric to oppose and blame the EU for mass immigration.[7] Some of her supporters
include anti-Semitic abuse in their angry campaign. 

Africa
has had and continues to have its fair share of populist demagogues. The end of
colonialism in Africa in the 60s led to the emergence of a handful of nationalist
leaders without intellectual depth or character to handle the challenges of
modern governance. They rather capitalized on the fears and emotions of their
people, positioned themselves as strong men objecting western ideals. They
emphasized nationalism and often used xenophobia to consolidate political
power. The likes of late Robert Mugabe of Zimbabwe, Paul Biya of Cameroon and
Omar al-Bashir of Sudan are notable examples. In 2015 President Muhammadu
Buhari rode on a populist rhetoric and promised to bring change, he portrayed
himself as an “enemy of the corruption”, promising to take down the
establishment that had held the country down for fifteen years. He provided
simplistic answers to intricate and complex economic and policy questions,
playing the “us” versus “them” card.

POPULISM IN EUROPE AND THE U.S

The
Occupy Wall Street protests of 2011, which blamed corporations and the rich for
creating economic instability for the rest of the country, was a protest
against political corruption and wealth inequality in the U.S and was a major
demonstration of distrust in the established political order.[8] Some have blamed the rise of
populism in Europe and the United States on the failure of the neo liberal
economic model and the collapse of traditional political structures that were less
global and multi ethnic. This grievance has been channeled into wide support
for populist demagogues in the U.S, the U.S, France, Italy and several other
countries. This is evident in the Brexit vote and the election of Donald Trump
in 2016. By voting to leave  the EU,  the Brits demonstrated that the unification
of Europe was at the expense of their survival as a people , a rhetoric that
Trump’s  campaign employed  by calling for the U.S to pull back from  its commitments around the world and to focus
on “America first.”   These populist
demagogues scapegoat refugees, immigrant communities, and minorities. Nativism,
xenophobia, racism, and Islamophobia are on the rise and not even Germany,
Europe’s largest economy, looks stable. It has felt the backlash of slow
economic growth and mass migration across Europe. A poll in November showed
that 42% of Germans want a referendum on E.U membership.[9] According to Norbert
Roettgen, a senior lawyer in Merkel’s Christian Democratic Union, there is a
re-emergence of state egotism and Nationalism. In Europe voters are generally
frustrated with the political establishment, they have concerns about
globalization. In France the anti-establishment protests over the cost of
living have posed the biggest challenges to Macron’s presidency.

RISE OF ‘LEADERLESS’ POPULIST
PROTESTS

Despite
the negatives associated with populism today, it is important to note that
“leaderless” populist protests in South America, Africa, Asia and Europe have
been responsible for key democratic reforms and regime change. These movements
do not appeal to specific categories, they appeal to the entirety of the
citizenry who feel defrauded by the political class. End-to-end encryption and
online anonymity have played huge roles in fuelling these protests. Instant
messaging and social media have proven really useful in getting people who
share the same views together.[10]  Technology has abated “leaderlessness” in an
unprecedented manner. Technology means that you do not need a leader to
disseminate strategy, the strategy disseminates horizontally. Messaging apps
like Telegram that offer end-to-end encryption have been used, Twitter and
Facebook have also enabled horizontal and decentralized protest movements.

“Our revolution did not have a head
but it did have a body, a heart and a soul,”
an Egyptian
protester told Reuters.[11]

These
protests have been sparked by several common factors like:

Economic Inequality and a high cost
of living:
Governments are adopting austere measures
that have not been well received by a huge fragment of the citizenry. In
Ecuador for example, the government’s decision to stop fuel subsidy has sparked
massive protests. The government eventually suspended its fuel hike but the
protests continued, tackling wider social issues.

Political Freedom:
The protests in Hong Kong are results of the growing need of a people to be
politically free. Young people have taken to the street en masse. While the
proposed extradition bill has been dropped, the protests have evolved into a
wider call, demanding that China recognizes Hong Kong’s autonomy. In Algeria protests
demanding political freedom from the ruling elite eventually led to the
resignation of Abdelaziz Bouteflika’s, the same can be said of the protests in
Sudan that eventually ousted Al-Bashir and in Catalonia against the Spanish
government.

Corruption:
In Egypt viral videos revealing high level of corruption and abuse of public funds
in the Egyptian army sparked series of protests and agitations.  In Lebanon for example, the failure of the
government to provide basic socioeconomic benefits have been blamed on
corruption and has resulted in a popular demand for government resignation. The
protesters argue that while austere measures are imposed on citizens, the
political leaders are enriching themselves. The government eventually approved
a wide range of reforms including slashing the salaries of politicians.

Social
media enables a movement in one place to take inspiration from protests in
other places. In Sudan, for example, protests over rising bread prices quickly
spread to other small towns before eventually reaching the capital Khartoum.
For four months protesters stood their ground against the oppressive regime,
government violent crackdown on protesters eventually left over 50 people dead
and scores injured and jailed. With the unrelenting tenacity of the people,
Al-Bashir was ousted. The protests in Barcelona against the Spanish government
adopted the tactics and strategies used by protesters in Hong Kong and videos
of Hong Kong protesters carrying the Catalan flag have circulated on social
media.

In
Hong Kong demonstrations are largely leaderless and decentralized as activists,
to avoid being targets of China’s sophisticated surveillance system, coordinate
and mobilize anonymously on social media. Display pictures are shared on
Telegram group chats to thousands who print them and post them in public
places. Apple’s Airdrop function has also been used at points of protest, to
disseminate information instantly. Also the protests in Catalonia have been
partly coordinated by an anonymous online platform known as Tsunami Democratic.
Tsunami Democratic has used Twitter and Telegram to instruct activists on where
to protest.

In
Lebanon, people across religious inclinations, in towns and villages across the
country have staged leaderless populist protests chanting: “All Means All”,
demanding the ousting of all political leaders. Protesters have used hash tags
to mobilize themselves, spread news and share memes, videos, opinions and
sarcasm targeting politicians.

It
is however important to note that these leaderless protests come with their
challenges and difficulties. Oftentimes the leaderless nature of these populist
protests make it difficult to negotiate as different protest groups may
incoherently make different or contradictory demands. For example in Chile,
protests have evolved from demanding reversal in the hike of bus fares to
multifarious demands like pensions, government corruption and student loan.
This has made it difficult for government to provide an all-encompassing
solution and often times they have no idea whom to negotiate with.

 There is also a tendency that demonstrations
will degenerate into violent clashes with the police as it is in Hong Kong,
Chile and Iraq, making governments justify forceful crackdown on protests. Demonstrations
in Algeria and Russia, though leaderless, have however remained peaceful. But
the truth remains that, without some form of command structure and
organization, leaderless protests might be outmaneuvered by governments, hence
there is a need to build coherent leadership structures or form alliances with
existing organizations making similar demands.

THE NIGERIAN SITUATION

It
must be said that since the mid-90s the voices of populist protests have been
muffled in Nigeria. As the country’s streets and campuses have not felt the
reverberating effects of protests the likes that occurred in the 90s where a
coalition of student activists, labour leaders, academics, civil societies, and
professional organizations staged powerful populist protests that requested the
removal of despotic military regimes. The Occupy Nigeria protests of 2012, like
the protests in Hong Kong, Chile and Algeria were largely mobilized by young
people, a generation that has come to see social media as its primary means of
activism. However one of the major reasons for the crumble of the protests was
the lack of a central command structure as the central labour unions (the
Nigerian Labour Congress and the Trade Union Congress) that were initially
entrusted to lead the protests made certain unpopular concessions and caved in
to accusations by government that they had plans to overthrow the regime.[12]

It
goes without saying that the Nigerian political elites have a strong aversion
to populist protests that seek to demand basic dividends of democracy. This is
obvious from the violent crackdown on Shiite protesters demanding the release, from
unlawful detention, of their leader to the violent response of security
operatives to “Revolution Now” protesters. They are ever ready to tag peaceful
protests as attempts to overthrow the government and threats to national
security. The government is ever willing to make scapegoats of these movements.
It is however important to note that a “democratic” regime that furiously
clamps down on peaceful protests has climbed down the abyss of despotism and
should respectfully rescind the tag “democratic”.

CONCLUSSION:

There
is a global political awakening and this awakening has been amplified by the
digital information age with more than half of the planet connected to the
internet. Facebook accounts for more than 2.4 billion users while Twitter has
over 300 million users, this has enabled more people to be exposed to
torrential and ceaseless news updates, this is not to ignore the fact that some
of this information is false and over sensationalized. Social media has also
made it possible for people to connect locally and globally, therefore drawing
comparison and inspiration from protests and revolts across the world. These
protests are however not ends in themselves, they are means to an end as the
angst on the streets should eventually lead into dialogue and sociopolitical
reforms. Governments should exact efforts into addressing legitimate grievances
and harness youth political participation to the ends of nation building.
Meaningful proposals should be made to revamp failed systems while the
agitations of the protesters should eventually culminate into dialogue and
participation in electoral politics only when the ruling elites have
demonstrated genuine intentions of creating change by establishing independent
institutions to chart lasting paths of accountability and good governance.



[1]
South China Morning Post, Be Water, my friend: Hong Kong protesters take Bruce
Lee’s wise saying to heart and go with the flow, 20 December 2019 https://www.google.com/amps/s/amp.scmp.com/news/hong-kong/politics/article/3015627/be-water-my-friend-protesters-take-bruce-lees-wise-saying

[2]
Wikipedia, Protests of 2019, 25 December2019, https://en.m.wikipedia.org/wiki/Protests_of_2019

[3]
The New York Times, How can Donald Trump and Bernie Sanders Both Be Populists?,
27 March 2016, https://www.nytimes.com/2016/03/27/magazine/how-can-donald-trump-and-bernie-sanders-both-be-populists.html

[4]
The Washington Post, Donald Trump is American democracy’s worst nightmare come
true, 26 July 2019, https://www.washingtonpost.com/opinions/2019/07/28/donald-trump-is-american-democracys-worst-nightmare-cometrue/%3foutputType=amp

[5] BBC
News, The man who thinks Europe has been invaded, 6 April 2018, https://www.bbc.co.uk/news/resources/idt-sh/Viktor_Orban

[6] Tony
Blair Institute for Global Change, The Populist Harm to Democracy: An Empirical
Assessment, 26 December 2018, https://institute.global/insight/renewing-centre/populist-harm-democracy

[7]
EUnews, Interview with Marine Le Pen: ‘I Don’t Want this European Soviet Union’
4 June 2016, https://www.eunews.it/interview-with-marine-le-pen-i-dont-want-this-european-soviet-union

[8]
The Telegraph, Occupy Wall Street Protest Spread, 6 October 2011, https://www.telegraph.co.uk/news/Occupy-Wall-Street-protests-spread.html?

[9]
Express, GEREXIT? Merkel in Meltdown as nearly Half of Germans want EU
referendum, poll find, 30 November, 2016, https://www.express.co.uk/news/world/738053/Germans-Gerexit-merkel-brexit-eu-referendum-TNS-infratest-Politikingforschung-brussels/amp

[10]
abcNews, How tech has fueled a ‘leaderless protest’ in Hong Kong, 12 October
2019, https://abcnews.go.com/amp/Technology/tech-fueled-leaderless-protest-hong-kong/story%3fid=66158665

[11][11]
Reuters, Analysis: Do “leaderless” revolts contain seeds of own failure? 24
June 2011, https://www.google.com/amp/s/mobile.reuters.com/article/amp/idUSTRE75N1Z420110624

[12]
BBC News, Nigerian Fuel Subsidy: Strike Suspended, 16 January 2012, http://www.bbc.co.uk/news/world-africa-16579001

An Insight To The African Continental Free Trade Agreement | Adeniran Oluwabukunmi

An Insight To The African Continental Free Trade Agreement | Adeniran Oluwabukunmi

1.0 Introduction

The African Continental Free Trade Agreement (AfCFTA) is
a trade agreement in force between 27 African Union member states.[1] It
was signed in Kigali, Rwanda, on March 21, 2018. As of July 2019, 54 of the 55
African Union states had signed the agreement, with Eritrea the only country
not signing the agreement. Of these member states, 27 have deposited their
instrument of ratification.[2] As
of fact, Nigeria was one of the last countries to sign the agreement. 


Nigeria has a population of 200 million people and is
Africa’s most populous country. Nigeria’s population exceeds that of the second
and third most-populous countries in the ladder, Ethiopia and Egypt combined, each
with its population around 98 million. 

With a nominal GDP of US$376 billion, which represents
17% of Africa’s GDP, Nigeria is just ahead of South Africa which accounts for
16% of Africa’s GDP. Because Nigeria is so significant in terms of its
population and economy, its absence at the initial signing of the agreement was
particularly conspicuous. South African President, Cyril Ramaphosa,
underscored that in comments made on the 12th of July 2018, that; “The
continent is waiting for Nigeria and South Africa. By trading among ourselves,
we are able to retain more resources in the continent
.”.[3]

Initially, 44 countries signed the agreement on 21
March 2018. Nigeria was one of 11 African Union Nations to abstain from
signing. At the time, the Nigerian President, Muhammadu Buhari, said that
Nigeria could not do anything that would undermine local manufacturers and
entrepreneurs.[4] The Manufacturers
Association of Nigeria, which represents 3,000 Nigerian manufacturers, praised
the decision to back out of the agreement. The Nigerian foreign minister
tweeted that more domestic consultation was needed before Nigeria could sign
the agreement.[5] Former president Olusegun
Obasanjo said Nigeria’s delay was regrettable.[6]
The Nigeria Labour Congress called the agreement a “renewed, extremely
dangerous and radioactive neo-liberal policy initiative
“, suggesting
increased economic pressure would in turn pressure workers into migration under
difficult and unsafe conditions.[7]

On 21 July 2018, five more nations signed the
agreement, including South Africa. At that time, the Nigerian government
emphasized its non-participation was a delay, not a withdrawal, and promised to
soon sign the agreement.[8] As
the foreign minister had earlier emphasized, the Nigerian government intended
to consult further with local businesses in order to ensure private sector
buy-in to the agreement.[9]

Nigeria’s president announced on 2 July, 2019 that the
country would sign the AfCFTA in Niger the following week and this promise was
delivered as Nigeria signed the AfCFTA on 7 July, 2019.[10]

2.0 UNDERSTANDING THE AFRICAN CONTINENTAL FREE TRADE
AGREEMENT

2.1 What does AfCFTA Mean?

The proposed Continental Free Trade Area for Africa is
a market integration agreement that presents an equal opportunity open market
to all participating countries in the region. The plan is to substantially
remove obstructions and barriers to movement of goods and services across the
continent at the initial implementation stage with the hope of progressing into
a customs union with free movement of capital and business persons.[11]

The agreement aims to provide for a good reduction or
elimination of customs tariffs on qualifying imports between member countries.
However, unlike other free trade agreements, AfCFTA provides that the signatory
countries have agreed to be bound by the agreement even though the text of the
agreement has not yet been finalized. For example, the “rules of origin”
provisions under the agreement are still being negotiated, but reportedly these
negotiations are at an advanced stage. Similarly, negotiations for reductions
or elimination of customs duty on 90% of products are in process but not yet
finalized.[12]

The agreement comes at a critical moment for Africa.
For centuries Europe, the United States, and more recently China have stripped
the continent of its raw materials. Today, more than 75% of Africa’s external
exports are extractives, namely oil and minerals. Increasingly, African nations
hoping to secure sustainable economic growth are shifting away from the
volatility associated with extractive exports towards industrialized goods.
While overall intra-African trade is minuscule, 42% of it consists of
industrial goods and this number is expected to grow under AfCFTA. A focus on
industrial goods promotes African industrialization and the advancement of its
manufacturing sector, providing employment opportunities for the continent’s
booming youth population. Amidst growing U.S.-China trade tensions and China’s
efforts to decrease its dependency on export markets, some are betting that
Africa is a prime successor to become the manufacturing hub of the developing
world.[13]
Underlining the above reality, Judd
Devermont
told CNBC that “This agreement underlines how Africa is
moving in a different direction than other regions in the world.
” He
further added that “The continent’s leaders are embracing integration, while
some global counterparts have turned away from multilateralism
.”[14]

3.0 OBJECTIVES OF THE AFRICAN CONTINENTAL FREE TRADE
AGREEMENT

The primary aim of the Agreement is to achieve an
increased volume of trade amongst African countries. Trade remains a key driver
in the economic advancement of nations and getting intra- African trade right
may be the much-needed catalyst to stir the African economy up. There is no
doubt that it will bring about the much-needed economic expansion of African
countries by taking the focus off extractives to other non-mineral products. It
is believed that AfCFTA will be a catalyst for the diversification of the
African economy. It is also expected that it will bring about a consciousness
for African economies to make a shift towards building a production-based
continental economy as no nation would want to be entirely on the consumption
scale of the competition. This will create more job opportunities that would
further absorb the millions of unemployed young Africans.[15]

According to the Agreement Establishing the African
Continental Free Trade Area, the general objectives of the AfCFTA are to:

A) create
a single market for goods, services, facilitated by movement of persons in
order to deepen the economic integration of the African continent and in
accordance with the Pan African Vision of “An integrated, prosperous and
peaceful Africa” enshrined in Agenda 2063;

B) create
a liberalized market for goods and services through successive rounds of
negotiations;

C) contribute
to the movement of capital and natural persons and facilitate investments
building on the initiatives and developments in the State Parties and RECs;

D) lay
the foundation for the establishment of a Continental Customs Union at a later
stage;

E) promote
and attain sustainable and inclusive socio-economic development, gender
equality and structural transformation of the State Parties;

F) enhance
the competitiveness of the economies of State Parties within the continent and
the global market;

G) promote
industrial development through diversification and regional value chain
development, agricultural development and food security; and



H) resolve
the challenges of multiple and overlapping memberships and expedite the
regional and continental integration processes.[16]

4.0 POTENTIAL OF THE AfCFTA: THE FUTURE OF AFRICA

Looking at the promising new African free trade area,
there is an effulgent future for Africa. The agreement is considered critical
to growth and job creation for Africa and its 1.27 billion people. Perhaps, the
issue of poverty engulfing Africa will finally be, if not completely taken care
of, reduced.

The removal of tariffs and non-tariff barriers is
likely to increase intra-African trade by 52.3% by 2020 as estimated by the UN
Economic Commission for Africa (ECA). This will increase employment, facilitate
better use of local resources for manufacturing and agriculture, and increase
access to cheaper products. Analysts say that successful implementation of the
trade pact has the potential to transform the continent, arguing that it would
create a market of about 1.27 billion people with a combined gross domestic
product (GDP) of $2.14 trillion. This market is expected to grow to about 2.5 billion
consumers by 2050.[17]

The AfCFTA free-movement rules will also allow people
to access government-funded health services in any member country. This will
increase the number of foreign patients seeking treatment in countries with
relatively strong health-care systems, such as Kenya and Uganda. The new
free-trade area is also expected to drive growth in private health care,
including medical tourism. For example, as demand for cancer treatment soars,
visa-free travel will enable people in the 15 African countries without
radiotherapy services to seek care elsewhere.[18]

The praises of AfCFTA echoes beyond Africa as Arancha Gonzalez Laya, the Executive
Director of the International Trade Centre (ITC), while speaking during a
session at the World Economic Forum on Africa, developed with the Forum’s
Platform for Shaping the Future of International Trade and Investment, said
that “We now have leaders of 54 countries putting their neck on the line for
this agreement. It’s a game-changer. There’s much more political energy today
than there has ever been on integration.
[19]


5.0 SHORTCOMINGS OF THE AfCFTA

Just as there are pros and cons to everything, and
nothing that exists in the world is perfect, the AfCFTA also has its downsides.
Agreeably, AfCFTA is an opportunity for countries and companies to help each
other grow, still, trade liberalization has the potential to damage the poorest
within those countries, which is why it is important for the AfCFTA to have
supportive policies as the government will deem necessary for its smooth
running.[20]

Furthermore, its possible negative impact on African’s
health should not be ignored. Private health services and medical tourism
induce clinicians to migrate from poorer to richer countries, and from public
to private health care. This results in weaker, understaffed public-health
systems, especially in poorer countries. Moreover, influxes of foreign
clinicians will irk local medical professionals by increasing competition for
jobs.

There are also worries that big pharmaceutical
companies will push for restrictions on imports of generic drugs into the
AfCFTA, as happened in Guatemala after the Central America Free Trade Agreement
took effect. Such restrictions push up the cost of these drugs and hurt poor people
the most.

Free movement of people also increases the risk that
diseases will spread across borders, especially given weak disease-surveillance
systems and the instability of some African countries. The continuing Ebola
epidemic in the Democratic Republic of Congo is a pressing concern. Other
dangerous infectious diseases, such as cholera, may also spread farther and
faster. With respect to this issue, global health and development stakeholders
need to become more aware of not only the opportunities but also the challenges
of AfCFTA implementation for health market expansion, universal health coverage
and health security, so that policies can be made to combat its possible
negative outturn. 

Trade liberalization can also pose some challenges for
governments in promoting competition in local markets as some firms that are
taking advantage of economies of scale may grow faster than others and capture
dominant positions in markets. In order to ensure a smooth transition during
these episodes, complementary policies such as consumer protection and
competition policies need to be put in place.[21]

Some arguments against the AfCFTA is that it is in
contrast with the principles of state sovereignty. However, in contradiction to
concerns about loss of sovereign power, some others argue that the AfCFTA as
currently proposed is about economics, not politics. AfCFTA is a basic trade
agreement. Also, trade agreements have numerous precedents all over the world,
none of which has been directly implicated in the sort of collapse in
sovereignty being alluded to.[22]

6.0 CONCLUSION

The negotiation
stage is relatively the easy part of the puzzle; the real challenge is in the
implementation of the AfCFTA.
If the AfCFTA is to achieve its
objectives of boosting intra-African trade and industrial competitiveness
across the continent, African countries must not only conclude and ratify the
AfCFTA Agreement, they must also implement it. That means domesticating the
agreement as a national law and ensuring that all relevant government agencies
are prepared for, and able to apply the required changes, and that they
actually do so. These steps cannot be taken for granted.

For one reason or another, many African countries have
not properly implemented their regional trade agreements. As a result,
intra-regional trade in Africa is still plagued by high tariffs, numerous
non-tariff barriers and other complications arising from the patchwork of
partially implemented regional trade agreements with overlapping memberships.

It is imperative for the government of nations within
the continent to set things in order as are necessary for the successful
execution of the agreement. For example, improving the electricity situation
within the state and creating a suitable environment enabling industries to not
only survive but to thrive.

The fate of the
AfCFTA ultimately depends on African leaders following through on the high
expectations they have set for the AfCFTA. They must show progressive
leadership and commitment to ratifying and implementing the AfCFTA (and their
other regional trade agreements), and not just under the bright lights of AU
Summits. This also means engaging meaningfully with the private sector and
African citizenry, as they are the ultimate intended beneficiaries of all this,
after all. This will be crucial to ensure the AfCFTA avoids the implementation
gap into which so many African agreements have fallen.[23]
The credibility of African integration is at stake. Therefore, complacency is
not an option. It is hoped, after all is said and done, that the enforcement of
the AfCFTA will promote economic growth and its advantages would subsequently
outweigh whatever apparent disadvantages.

Written by:

Adeniran Oluwabukunmi.



[1]
African Union, “Summary of the key decisions and declarations of the 31st
African Union Summit”. Published July 6, 2018. Retrieved 17 September
2019;
[2]
African union, “List of Countries Which Have Signed, Ratified/Acceded to
The Agreement Establishing the African Continental Free Trade Area” (PDF).
Published 8 October 2019. Accessed December 24, 2019.
[3]
“Cautious Nigeria agrees to sign African continental free-trade
agreement”. July 12, 2018. https://www.businesslive.co.za/bd/world/africa/2018-07-12-cautious-nigeria-agrees-to-sign-african-continental-free-trade-agreement/
Accessed December 23, 2019.
[4]
Daniel Mumbere, “Nigeria’s Buhari explains failure to sign continental free
trade agreement”. Published March 23, 2018.
[5]
Reuters, “Nigeria says domestic consultation needed on Africa free trade
agreement”. Published March 27, 2018. https://www.businessdailyafrica.com/news/world/Nigeria-says-domestic-consultation-needed-on-Africa-free-trade/4259366-4360360-wurxrn/index.html
Accessed December 23, 2019.
[6]
Bassey Udo, “Nigeria’s delay in ratifying African free trade agreement
regrettable – Obasanjo”. Published December 17, 2018. https://www.premiumtimesng.com/business/301555-nigerias-delay-in-ratifying-african-free-trade-agreement-regrettable-obasanjo.html
Accessed December 23, 2019.
[7]
“Why Nigeria, South Africa did not join other Nations to sign Continental Free
Trade agreement”. 22 March, 2018. https://www.pulse.ng/bi/strategy/strategy-why-nigeria-south-africa-did-not-join-other-nations-to-sign-continental-free/1sfvms6 Accessed
December 23, 2019.
[8]
Felix Onuah, Chijioke Ohuocha, “Nigeria’s President Buhari says will soon sign
up to African free-trade agreement”. Published July 12, 2018. https://af.reuters.com/article/africaTech/idAFKBN1K20H9-OZATP
Accessed December 23, 2019.
[9]
Olabisi D. Akinkugbe, “Why Nigeria had good reasons to delay signing Africa’s
free trade deal”. Published July 26, 2018. http://theconversation.com/why-nigeria-had-good-reasons-to-delay-signing-africas-free-trade-deal-100203
Accessed December 23, 2019.
[10]
Yomi Kazeem, “Africa’s largest economy is finally backing the continent’s plans
for a single free trade market”. Published July 3, 2019. https://qz.com/africa/1657861/nigeria-to-sign-africa-free-trade-agreement-afcfta/
Accessed December 23, 2019.
[11]
Kemi Arosanyin, “Understanding the African Continental Free Trade Area”.
Published August 27, 2018. Accessed December 23, 2019.
[12]
KPMG, “Africa: Free trade
agreement for African continent”. Published July 9, 2019.
[13]
John Campbell, “African Continental Free Trade Area: A New Horizon for Trade in
Africa”. Published June 10, 2019. https://www.cfr.org/blog/african-continental-free-trade-area-new-horizon-trade-africa
Accessed December 23, 2019.
[14]
Grace Shao, “What you should know about Africa’s massive, 54-country trade
bloc”. Published July 11, 2019. https://www.cnbc.com/2019/07/11/africa-free-trade-what-is-the-afcfta.html
Accessed December 23, 2019.
[15]
McDonald Onyema, “AfCFTA to be or not to be”.
Published July 9, 2019
.
https://assets.kpmg/content/dam/kpmg/ng/pdf/tax/Africa-Tax-Update-Quarterly-Newsletter.pdf
Accessed December 23, 2019.
[17]
Linus Unah, “Can Africa’s Free Trade Agreement Transform The Continent?”.
Published July 11, 2019. https://www.trtworld.com/magazine/can-africa-s-free-trade-agreement-transform-the-continent-28176
Accessed December 23, 2019.
[18]
Walter Ochieng, “This is how an African free trade area could impact people’s
health”. Published April 18, 2019.
[20]
Kim Cloete (Official Writer, World Economic Forum on Africa), “Africa’s new
free trade area is promising, yet full of hurdles”. Published September 6,
2019. https://www.weforum.org/agenda/2019/09/africa-just-launched-the-world-s-largest-free-trade-area/
Accessed December 23, 2019.
[21]
Mesut Saygili, Ralf Peters, Christian Knebel, “African Continental Free Trade
Area: Challenges and opportunities of Tariff Reduction”. Published February
2018. Accessed December 23, 2019.
[22]
Prince C. Oguguo, “Debate: Nigeria isn’t buying into Africa’s free-trade area –
but should”. Published February 7, 2019.
[23]
Sean Woolfrey, Philomena Apiko, “The African Continental Free Trade Area: The hard work starts now”.
Published February 15, 2019.
https://ecdpm.org/talking-points/the-african-continental-free-trade-area-the-hard-work-starts-now/
Accessed December 23, 2019.

British Nigeria Law Forum Networking event

British Nigeria Law Forum Networking event


British Nigeria Law Forum Networking event – Abuja, Nigeria

Date: Friday 10 January 2020 Time: 5.30pm – 9:00pm

 

The Ivory Place

42 Birao St, Off Yalinga Street

Off Ademola Adetokunbo Crescent

Wuse 2, Abuja, Nigeria

This event is for invited members of the legal profession, BNLF members and invited guests. Click on the link to register to attend.

https://www.eventbrite.co.uk/e/british-nigeria-law-forum-networking-event-abuja-nigeria-tickets-87061512327

This event is free with food and drinks available for purchase at the venue.

Join us at this networking event and also find out:


·       How to join British Nigeria Law Forum

·       Corporate membership

·       BNLF Special Interest Groups

·       Events and activities for 2020

·       BNLF Annual Gala Dinner & Awards 2020


Membership Enquiries to info@bnlf.org.uk

See the BNLF Website: https://bnlf.org.uk

Follow us on Twitter: https://twitter.com/BNLF_UK?lang=en

Follow us on Facebook

If you are interested in sponsoring a future BNLF event contact us at info@bnlf.org.uk

Exploring The Capital Market In Combating Climate Change |  Christopher Nwuya.

Exploring The Capital Market In Combating Climate Change | Christopher Nwuya.

A.    INTRODUCTION.
Climate change is a burning issue as
it affects virtually all facets of human life. It is regarded as one of the
most serious threats to sustainable development, as a result of its adverse
effects to the global community. It is common knowledge that the major cause of
climate change is the rising concentration of greenhouse gases emitted into the
atmosphere[1]. The
World Bank estimates that without urgent action, climate change could push an
additional 100 million people into poverty by 2030 and by 2050, 143 million
people could become climate change migrants[2]. The
International Energy Agency (IEA) estimates that an additional USD 1.1 trillion
in low-carbon investments is needed every year between 2011 and 2050, in the
energy sector alone, to keep global temperature rise below 2°C[3].

The effects of climate change, if not properly addressed,
will bring about drastic effects, not just to the environment, but to the world
population. The effects are nothing short of catastrophic as they cut across
all sectors.
Thus, it is increasingly clear that we cannot continue
putting up with our laissez-faire attitude towards our planet. In addressing
the issue of climate change, it is worthy of note that there must be a drastic
reduction of green-house gas emissions or we’ll suffer the adverse effects of
this ever-growing menace. The need to reduce the green-house gas emissions then
begs the question, how?
In addressing the question, the answer this writer poses
lies in the capital market. It is in the interest of the global community to
look towards the capital markets in abating the menace of climate change.
Substantial reductions in emissions can only be achieved by making significant
changes in investment patterns. More prompt collaborative efforts are needed to
combat this growing issue.  We shall now
look into the ways by which the capital market can contribute to climate change
abatement.
B.    
CLIMATE RISK.
Before delving into the nitty-gritty of the matter, it is
intrinsic to take note of the potential risks available to investors, if
climate change is not curbed.
Climate Risk refers to investment risks resulting from
unmitigated climate change. Climate risk involves the uncertain yet possibly
severe consequences of climate change on the environment, as well as the
economic consequences for failure to recognize the negative effects of
greenhouse gas emissions early enough. Investors may therefore face significant
climate risk without even realizing it. Organizations such as Mercer[4] and
CERES[5] have
further characterized the systemic nature of climate risk, by identifying
several dimensions through which this risk materializes.
With each passing day, we lose a chance to tackle the
drastic effects of climate change. With each passing day, the likelihood of the
risks manifesting grows. It is now time for the global community to join hands
in abating this global issue by investing sustainably. 


C.   
ROLE OF CAPITAL MARKETS.
The capital market has a major role to play in the fight
against climate change. In addressing this, there’s the need for sustainable
investment in:
  1. Clean energy
  2. Green bonds, carbon price; and
  3. Carbon tax, which shall be explained
    below.
1.0  INVESTMENT
IN CLEAN ENERGY
Clean energy infrastructure is essential in reducing
greenhouse gas emissions. With renewable power still only representing 20% of
world electricity supply, the majority of which is hydropower, there is
enormous scope for increased investment in the renewable sector.[6]
Investors should consider reorienting their portfolios towards low carbon
energy by replacing fossil fuel stocks with energy efficiency and renewable
energy instrument[7]. For
a transition to a low-carbon economy, a great deal of investment would be
required.
International Energy Agency estimates that a global need of
$53 trillion in cumulative investment up to 2035 in low-carbon energy supply
and energy efficiency to avoid catastrophic climate change[8]. Climate
finance flows reached a record high of USD 612 billion in 2017, driven
particularly by renewable energy capacity additions in China, the U.S., and
India, as well as increased public commitments to land use and energy
efficiency. This was followed by an 11% drop in 2018 to USD 546 billion[9].
These figures are an indication that countries have made steps in transitioning
to a low carbon economy. According to the International Energy Agency (IEA)
estimates, investment in low-carbon energy sources must more than double by
2030 if the world is to meet its Paris Agreement climate goals. The IEA further
estimates that an additional $1.1 trillion in low carbon investments is needed
on average every year between 2011 and 2050, in the energy sector alone, to keep
temperature rise below 2°C.[10].
Investments in clean energy still fall far short of this estimate.
Also, worthy of note is investment in energy efficiency,
otherwise referred to as the “fifth fuel”. It is regarded as the
cheapest energy choice in a sustainable world. IEA estimates fuel expenditure
may even be reduced by 2020, if the right energy efficiency improvements in the
transport sector are implemented[11].
For a smooth transition to a
low-carbon economy, investors need to tap the potential existing in low-carbon
transportation. Also, there has to be investments in clean energy as it is an
essential component of sustainable urban development.
1.1.      Incentives for De-Carbonization
A major factor behind the growth of renewable generation was
tax incentives. One example is solar energy generation in the US. The Energy
Policy Act of 2005 created a new tax incentive (30% tax credit for
investment in commercial and residential solar energy systems) which, in 2008,
was extended for another eight years. This led to investment of $66 billion in
solar energy since 2006 (out of a total of $100 billion invested in clean
energy over the period).[12]
Tax incentives can also be used to bring about a reduction
in CO2 emissions. By creating incentives, manufacturers are more likely to
invest in technology that will result in lower carbon emissions[13].
The costly nature of carbon technologies today will only make tax incentives
more appealing to the investor’s eye.
2.0 
GREEN
BONDS.
Simply put, green bonds are investment instruments that
raise capital for environmental and sustainability purposes. The emergence of
green bonds has been recognized by the United Nations as “one of the most
significant developments in the financing of low-carbon, climate-resilient
investment opportunities.”[14]
Green bonds can raise large amounts of financial resources to support
environmental projects and can facilitate the establishment of public-private
partnerships to accelerate green investments.[15]
Green bonds provide investors with a way to earn tax-exempt
income with the benefit of personal satisfaction, knowing that the proceeds of
their investment are being used in a responsible, positive manner[16]. In
2008, the World Bank became the first entity to issue green bonds, and since
then, they have issued over $3.5 billion in debt designated for issues related
to climate change[17].
Development banks such as International Bank for Construction and Development
and the German Kfw Development Bank have followed this initiative.[18]
The issuance of green bonds to make infrastructure and
capital projects climate resilient should be in line with the international
guidelines brought out by the International Capital Market Association (ICMA)
for green bonds, called the “Green Bond Principles” (GBP). These were first
drafted in 2014 and have since gone through periodic updates[19].
For the growth of the green bond market, transparency is
critical. Investors need to have complete trust in the environmental
credentials and performance of the bonds.
3.0  CARBON
PRICING AND CARBON TAX.
Setting a higher price for carbon-intensive energy use can
achieve the desired outcome of mitigation against climate change. Increasing
the cost of fossil fuel for consumers will cause them to seek cheaper
alternatives and / or change their consumption mix. In doing this, aggressive
low-carbon policies would reduce the need for fossil fuel energy in the medium
to long run. In consequence, fossil fuel assets would lose their value and
become stranded assets.
Furthermore, putting a price on carbon creates
(dis)incentives for producers and consumers to reduce emissions by
internalizing the cost of future damage caused i.e. carbon emitters should bear
the liability for the outcome of their actions. Scholars have also argued that
pricing carbon can act as an insurance policy against catastrophic climatic
conditions that could occur in the future.
As it stands, there are two main approaches to the carbon
price. One is the emissions trading system, otherwise referred to as
“cap-and-trade”. In this system, the total allowable emissions in a country or
region are set in advance (‘capped’). Permits to pollute are created for the
allowable emissions budget and are either allocated or auctioned to companies[20].
This system caps the total level of greenhouse gas emissions and allows those
industries with low emissions to sell their extra allowances to larger emitters[21],
thereby creating a market for emitters.
The second approach is the carbon tax. The aim of carbon tax
is the reduction of greenhouse-gas emissions. Thus, carbon fuel users are
charged at an explicit tax rate depending on how much carbon they emit when
burned[22]. By
this, carbon fuel users will pay for the damage caused to the atmosphere. If
the rate is high enough, it could drive them away from carbon fuel usage and
motivate them to explore opportunities in clean energy.
Research shows that carbon taxes effectively reduce
greenhouse gas emissions[23]. It
has been argued by economists that carbon taxes are the most efficient way to
curb climate change, with the least adverse effects on the economy[24]. It
is thus hoped that more countries will join in the fight against climate change
by enacting carbon taxes within their respective jurisdictions.
D.   
TAKING A CURSORY LOOK AT OTHER
COUNTRIES
.
1.0  CHINA
The finance industry of China has been taking giant strides
in abating climate change. In September 2017, the China Development Bank issued
the first retail green bond for individual investors and non-financial
institutional investors.[25]
Furthermore, China are a leading market for solar panels, wind and electric
vehicles, and accounts for two-thirds of solar cells installed worldwide,[26]and
the wind power capacity accounting for one third of the world’s total.[27]This
is considerably remarkable considering China are one of the world’s largest
emitters of CO2.[28]
2.0  UNITED
STATES OF AMERICA.
In the US, the trend away from coal as a primary fuel source
is beginning to reduce the power generation industry’s reliance on fossil
fuels; the share of which reduced from 72% in 2007 to 67% by 2014. Of this
figure, coal’s share of US power generation declined from 49% to 39%, being
replaced by natural gas and wind as the preferred alternatives. The reliance
upon gas, wind and solar as the dominant generation types is expected to
continue for several years until storage technology can be economically scaled
up. The state of New York has passed a bill to eliminate carbon emissions by
2050, while the city of San Francisco already gets 60% of its power from
renewable energy.
3.0  UNITED
KINGDOM
The British government has set itself a legally-binding
target of hitting net zero emissions by 2050. Since 2013, the United Kingdom
has maintained a carbon tax. It is sometimes called a “top-up” tax because the
intendment of the tax was to top up European carbon prices. It functions as the
minimum price that fossil fuel producers pay to emit CO2[29]. This
resulted in the drastic reductions of CO2 emissions since 2013. The United
Kingdom has also advanced plans for a carbon free environment by launching an
initiative in 2015 to test prototype for driverless cars[30], which
are set to be on the roads by 2021.[31]
4.0  IRELAND
Ireland is one of the pioneers in the implementation of the
carbon tax. It was enacted in 2010 and it covers nearly all of the fossil fuels
used by homes vehicles and offices[32]. This
move almost immediately spiked the prices of oil, natural gas and kerosene[33].
This resulted in a 15% drop in the emissions since 2008. Also, Ireland enacted
vehicle Registration Tax, which is partly emissions based. Ireland has also
issued its first green bond, and has raised over $5billion from the sale of
bonds[34].
As part of the plan to transition to a sustainable economy
by 2050, Ireland plans to spend a total of €23bn on green projects between 2018
and 2027.[35]
5.0  FRANCE.
As part of the EU policies, France has submitted a long term
emissions development plan to the United Nations Framework Convention on
Climate Change (UNFCCC), and has a strategy for near zero energy buildings.[36]
France also has a carbon tax, which is currently charged at €44.60 per ton[37].
France has also been at the forefront of greenbond issuance this year. .With
more than €15 billion worth of green bonds issued since January, France has
become a leader of green finance.[38]
E.    
CONCLUSION.
Today, climate change is one of the most deadly threats to
human existence. All over the world, countries are experiencing first-hand, the
effects of climate change. Now is the time for urgent action. It is the time to
invest sustainably in the environment. Investors need to do away with short
term thinking, and focus on environmental sustainable investment. There’s a
need for capital, so as to reach the goals of the Paris Agreement. To get this
capital, there should be investment in clean energy, with disincentives for
fossil fuel usage. Green bonds also provide a lucrative opportunity for
investors and climate activists. By investing in a green bond, the proceeds
would be used solely for environmental/climate related projects. Carbon pricing
and carbon tax also provide a huge opportunity for the abatement of this
menace. It aims to clamp down the on CO2 emissions, by making defaulters pay.
Countries such as Ireland, China, France, and UK have taken
giant strides in saving the earth. Urgent action needs to be made. All hands
need to be on deck. Other countries should borrow a leaf from the books of the
aforementioned countries, so we can effectively and efficiently curb this
menace.


[1] https://www.ucsusa.org/resources/global-warming-faq
[2] https://www.worldbank.org/en/topic/climatechange/overview
[3]
https://climatepolicyinitiative.org/regions/us/page/5/
[4] The risks include the physical risks,
reputation risks(for companies that are publicly criticized for their high
emission rates), competition risk(for companies that do not take pro-active
measures in reducing the climate risk) and even litigation risk(industries
producing large amounts of GHG could face a law suit)
Climate Change Scenarios –
Implications for Strategic Asset Allocation”, Mercer 2011,
[5] “Navigating Climate Risk”, CERES, Sep
2013
[6]GSBGEN 390: Climate Change and Capital Markets https://law.stanford.edu/wp-content/uploads/2015/07/Climate-Change-and-Capital-Markets-FINAL-05-13-2015.pdf
[7] As above
[8]Climate Bonds Initiative July 2014 The “2014 Green
Bonds Final Report
[9] Global Landscape of Climate Finance
https://climatepolicyinitiative.org/publication/global-landscape-of-climate-finance-2019/2019https://climatepolicyinitiative.org/publication/global-landscape-of-climate-finance-2019/
[10]
https://climatepolicyinitiative.org/regions/us/page/5/
[11]
https://www.theclimategroup.org/news/energy-efficiency-fifth-fuel-cheapest
[12] Graduate School of Stanford Business: Climate Change
and Capital Markets
[13]Also, a competitive edge could be created for
renewables by lowering the tax incentives that currently benefit the
traditional oil and gas industries. As above
[14]Climate Change Support Team of the UN
Secretary General, Trends in private sector climate finance, (October 9, 2015,
http://www.un.org/climatechange/wpcontent/uploads/2015/10/SG-TRENDS-PRIVATE-SECTOR-CLIMATE-FINANCE-AWHI-RES-WEB1.pdf
[15]
https://www.sdfinance.undp.org/content/sdfinance/en/home/solutions/green-bonds.html#mst-3
[16] How Green Bonds Are a Cornerstone of
Responsible Investing
https://www.thebalance.com/what-are-green-bonds-417154
[17] As above.
[18] Green Bond Market: Who are Its Protagonists?
[19]Federal Ministry for Economic Cooperation
and Development, Germany, Green Bonds- ecosystem, issuance process and case
studies, January 2018
[20] “What is a carbon price and why do
we
need one?” http://www.lse.ac.uk/GranthamInstitute/faqs/what-is-a-carbon-price-and-why-do-we-need-one/
[21]
https://www.worldbank.org/en/programs/pricing-carbon
[22]
https://www.science.howstuffworks.com/environmental/green-science/carbon-tax.html1
[23] As above
[24]
https://en.m.wikipedia.org/wiki/Carbon_tax
[25] (Hong Kong Exchanges and Clearing Limited, Green bond
trend: global, mainland China and Hong Kong, 2018)
[26]
https://www.voanews.com/east-asia-pacific/chinas-climate-paradox-leader-coal-and-clean-energy
[27]https://www.renewableenergyworld.com/2019/12/01/end-of-the-year-wrap-up-five-figures-show-chinas-renewable-energy-growth-in-2019/
[28]
https://www.investopedia.com/articles/investing/092915/5-countries-produce-most-carbon-dioxide-co2.asp
[29] As at 2016, the rate was 18 pounds per ton. Carbon
Tax Center – https://www.carbontax.org/where-carbon-is-taxed/
[30]https://www.theguardian.com/technology/2015/jan/01/driverless-cars-tested-uk-bristol-coventry-milton-keynes-greenwich
[31]
https://edition.cnn.com/2019/02/06/uk/driverless-cars-scli-gbr-intl/index.html
[32] As at 2012, the rate was 20 euros per ton, and it
remains that way till date. Carbon Tax Center – 
https://www.carbontax.org/where-carbon-is-taxed/
[33] Elisabeth Rosenthal, ”Carbon Taxes Make Ireland Even
Greener”
[34]
https://www.reuters.com/article/us-ireland-bonds-idUSKBN1WP1WN
[35]https://danskeci.com/ci/financial-markets/solutions/sustainable-finance/ireland-issues-first-sovereign-green-bond
[36]https://www.climate-transparency.org/g7-countries-performance-in-the-transition-towards-a-low-carbon-economy
[37]https://www.reuters.com/article/us-france-budget-carbon/france-raises-carbon-taxes-to-repay-edf-renewables-debt-idUSKCN1C21DL
[38]https://www.euractiv.com/section/energy-environment/news/france-returns-to-top-of-global-green-bond-ranking/

Templars Celebrates Year – End With Fun – Filled All White Party

Templars Celebrates Year – End With Fun – Filled All White Party

Templars – one of the leading commercial law firms in Nigeria held its annual End of Year Party last Friday and members of the Firm were filled with gratitude for a very busy yet exciting and eventful year. It was thus a time to celebrate, make merry and reflect on the many big wins recorded by the Firm in 2019.

Speaking at the event, the Managing Partner, Mr. Oghogho Akpata, thanked the staff for their hard work and commitment to maintaining the Firm’s leading position in the Nigerian Legal space.

Mr. Akpata noted that amongst the many big wins recorded by the Firm this year was the elevation of one of its Partners – Mr. Godwin Omoaka to the coveted rank of Senior Advocate of Nigeria after another Partner, Mr. Adewale Atake who also took Silk in 2018. He stated that this back-to-back recognition by the Legal Practitioners Privileges Committee was an affirmation of the Firms top tier status in the field of Dispute Resolution.

In his comments, Senior Partner and Head of the Corporate Commercial Practice Group, Mr. Olumide Akpata congratulated members of the Firm for a very successful year. He noted that Templars’ commitment to knowledge development, capacity building and specialization has made it one of the most formidable legal teams in Nigeria and the go-to Law Firm for complex matters and transactions. He also affirmed that as the Firm marches into the 25th year of its existence it will remain committed to the continued development and strengthening of the Practice and it’s members stating that “we have built an institution and we must ensure that it will stand the test of time.”

The high point of the event was the presentation of Long Service Awards to members of the Firm.
NBA BENIN HOLDS ANNUAL BAR DINNER…. HONOURS OBASEKI, AKPATA, OTHERS.

NBA BENIN HOLDS ANNUAL BAR DINNER…. HONOURS OBASEKI, AKPATA, OTHERS.



Yesterday, 19 December 2019, the Benin Branch of the Nigerian Bar Association (NBA) held its Annual Bar Dinner at the iconic Uyi Grand International Event Centre with over 500 Lawyers in attendance.
This year’s event with theme *”Human and Infrastructure Development; the role of the law”* was very well organized and attracted various high-profile guests from within and outside the State.


The event which was chaired by
the Chief Justice of Edo State, Honourable Justice Esther Edigin also had the Governor of Edo State, His Excellency Godwin Obaseki,  as the Special Guest of Honour.
Other guests at the event include the Attorney-General of Edo State, Prof. Yinka Omorogbe, Professor Violet Aigbokhaevbo of the University of Benin, who was the Guest Speaker,  Chief of Staff to the Governor of Edo State Mr. Taiwo Akerele, Music maestro Sir Victor Uwaifo as well as  Judges and Magistrates from the Edo State Judiciary and Senior Advocates of Nigeria.

The high point of the event was the presentation of Awards to deserving individuals including H.E. Governor Godwin Obaseki who was recognized for his stellar performance as Governor of Edo State and Mr. Olumide Akpata, Senior Partner at Templars and immediate past Chairman of the NBA Section on Business Law in recognition of his constant support for the NBA Benin Branch including his donation of an ICT Centre to the Branch in 2018.

Other awardees include, Mr. Parry Osayande a retired Deputy inspector General of Police and Honourable Justice Constance Momoh a former Chief Judge of Edo State and one-time Chairman of the Code of Conduct Tribunal.


The Chairman of Branch, Prince Collins Ogiegbaen, congratulated all the Awardees and urged them to continue to contribute their respective quotas to the development our society at large.
10 Reasons You Should Register For the International Trade and Conflict Management Training for Lawyers

10 Reasons You Should Register For the International Trade and Conflict Management Training for Lawyers

1.      The AfCFTA has officially become the largest free trade
agreement since the World Trade Organisation (WTO) agreement in 1995, with
about 1.3 billion Africans and a combined GDP of over $3.4 billion.

2. To contribute to its
success lawyers need to improve their knowledge of and competence in
trade and business law and be proactive in advising clients.”

3.      The theme is “LAWYERS AT THE CENTRE OF AFRICAN
TRADE” where the modules will be focused on improving the capacity of
Nigerian lawyers in handling international trade transactions.

4.      The Members of Faculty have been carefully selected to
ensure participants learn from the very best in the areas of law. Most
certainly our members of faculty will bring to bear their expertise and
experience which will benefit participants immensely.  

5.      The Modules focus on equipping Lawyers with the necessary
skills and competence required in handling cross – border transactions.

6.      Participants will learn the international regime for
registering intellectual property rights.

7.      Conflict Management includes the ability to negotiate and
resolve disputes timely and professionally while maintaining the business
relationship of parties.

8.      Participants will be equipped with the skills and competence
in participating in and handling International Arbitrations.

9.      The registration fee is little compared to the immense value
that participants stand to gain at the training.

10. Participants will be equipped with the necessary skill
required to advance their legal careers and position their firms for huge
profits.

Details of the Training include –

·       
Theme:  Lawyers
at the center of African Trade

·       
Modules:
 

        
Negotiation
& Conflict Management 

        
International
Arbitration 

        
Cross
Border Finance 

        
International
Trade Law

        
Production Sharing Contracts

        
Intellectual
Property Law

·       
Date:
30th and 31st of January, 2020 

·       
Time:
9am – 5pm daily

·       
Venue:
Neca House, Hakeem Balogun Street, Alausa, Ikeja, Lagos

·       
Audience:
Lawyers

·       
Aims
& Objectives: To train lawyers on how they may take advantage of the
opportunities presented by the African Continental Free Trade Agreement.

Registration Details

Fee
per delegate     N50,000                                                                   

Early
Bird (Ends January 7, 2020) – N35,000

Account Details

Lawlexis
International Limited

Fidelity
Bank

4011176564

Note that all payment confirmation and
delegate information should be sent to lawlexisinternational@gmail.com.
For contact and sponsorship details, Please contact Lawlexis on 09095635314;
08055424566 or email lawlexisinternational@gmail.com
 

Racism In Sports – The Way Forward | Oluwatobiloba Adesemowo

Racism In Sports – The Way Forward | Oluwatobiloba Adesemowo

Racism in English parlance can be defined
to be “prejudice, discrimination or antagonism directed against someone of a
different race based on the belief that one’s own race is superior.
Historically, those who openly professed or practiced racism held  that members of low status jobs and that
members of the dominant race should have exclusive access to political power,
economic resources, high status jobs and unrestricted civil rights
[1]Acts of racism includes physical
violence, daily insults and frequent acts and verbal expressions of contempt and
disrespect.

This
problem of racism can be referred to as “the transformation of race
prejudice through the exercise of power against a racial group defined as
inferior, by individuals and institutions with the intentional or unintentional
support of the entire culture.” Racism teaches nothing of value and can
only breed a hatred or desire to succeed by overcoming the portrayer of the
racist action in those it affects. Either way, those who pervade these racist
attitudes will be faced with some sort of negative effect.[2] Racism has been an issue
which has been in the sports industry right from collegiate sports which can be
seen as the origin of racism in sports.

One
of the trending news which hit the sports world in the past weeks is that of
the Bulgarian Football President Mr. Brorislav Mihayylov who resigned as president
of the Bulgarian football union because of the racism witnessed at the Euro
2020 qualifier against England. It was reported that the government of Bulgaria
had pressured him to resign as the act of racisim was not accepted. Infact the
Sports Minister did say that the government would suspend its relationship with
the Bulgarian Football Union until the MrBrorislavMihayylov leaves. This act by
Bulgarian government can be said to be too extreme but really very commendable
and encouraging as it shows their stance against the menace of racism in
football.


People
argue that sport is a model of racial equality, which facilitates the
integration of blacks intonsociety, provides an avenue for upward mobility for
blacks, and lacks the segregation and discriminatory problems of society as a
whole.[3]Sports organizations such
as Federation Internationale de Football Association (FIFA), The English
Football Association, Kick it out.org and the Bulgarian Football Union have
also taken a stand against racism which is very commendable. Mr. Giovani
Infantino stated during his speech at the last concluded “The Best” ceremony
stated that everyone should fight against the act of racism. We can also
observe from the Barclays Premier League games the the phrase “no room for
racism” The fight has been encouraging however more efforts needs to be put in
place to fight the disgusting acts. We have also seen football clubs boldly
come out and opin against racism for example Chelsea football club after the
racist abuse hurled at Raheem Sterling during one of the Barclays Premier
League matches had publicly rebuked the fans involved and held on its position
against racism. We have also seen top sports atheletes boldly step up to fight
the problem of racism. One name that comes to mind in this regard is Colin Rand
Kaepernick who won the heart of many for knelling duringthe national anthem of
the USA as a protest against racism in the United States.
We have also had players such as Dani Alves, Patrice
Evra who are victims of racism. In as much as the fight is on and the awareness
is on, there is hope that this menace will be dealt with and every atheletewon’t
be judged by his or her colour of skin.

While
we commend the various bodies and personnel who are fighting this menace, some
posit that the issue of racism is more of an ethical issue which should be
dealt with from an ethical point of view as various ethical theories are been
analyzed. Well, we would see how that helps in the sports industry. The writer
is of the opinion that the world is a global village and accepting each other
is the best mode of survival especially when it relates to sports which is
referred to as the only bond of unity in the world. 

Oluwatobiloba Adesemowo

Tobi is a tax and sports lawyer. He is currently a
management strategist at Lagos Tigers Football Club. He is also a tax associate
at SIAO partners. During his leisure, he loves to research on sports and tax
related issues.”



[1]www.britannica.com/topic/racism
last accessed on the 28thOct., 2019 

[2]Paul
M. Anderson; Racism in Sports: A question of ethics, Marquette Sports Law
Review, Vol. 6 Issue 2 Spring Article 9

[3]
Ibid.

Good Governance in The Sports Industry | Oluwatobiloba Adesemowo

Good Governance in The Sports Industry | Oluwatobiloba Adesemowo

Bad
governance has been a major setback which has affected major corporations and
organizations from accomplishing their potential hence reducing their
effectiveness and efficiency; unfortunately sports organizations and companies
are not left out of this setback. In order to curb this setback of bad
governance among corporations, various committees have been set up to provide
workable solutions. Among these committees was the Cadbury Committee which was
set up in the year 1992 and played major role in the development of corporate
governance although the efforts of other committees cannot be shelved. In the
Cadbury Committee’s Report, corporate governance was defined “as a system in
which companies are directed and controlled.”


It
is worthy of note that the united nations made a very important move in 2014
during the 69th regular session of the United Nations General
Assembly in New York when it recognized the independence and autonomy of
sports. In the words of the International Olympic Committee (IOC)President
Thomas Bach; “sport is truly the only area of human existence which has
achieved universal law, but to apply this universal law worldwide, sport has to
enjoy responsible autonomy. Politics must respect this sporting autonomy.”[1]
Due to this autonomy, it will be pertinent to regulate the administration and
governance of sport organizations since majority of them will not be subject to
national or locals laws in order to be free from governmental influence.

In many parts of the
world, sports bodies are to a large extent autonomous from government in the
way they organize themselves and their sport rules. One of the causes of
governance failures in sport may be the slow evolution of what were primarily
voluntary institutions founded in the 19th century into professionalized bodies
and regulatory systems adequate to govern the modern, commercial world of sport
of today. However, it is not the only explanation: many entirely voluntary
sports bodies have governed well, and there are plenty of professional
organizations where widespread abuses have taken place. However, as the IOC and
representatives of governments have acknowledged several times the right to
autonomy has to be earned: when governance is perceived to be poor, external
intervention by governments, law enforcement agencies and others becomes more
likely.[2]
There
have been scandals since the earliest days of sport but sports governance first
attracted serious scrutiny as a discrete topic in the 1990s after work by
academics, investigative journalists and campaigning organizations such as Play the Game.[3]
There have been corruption charges against various sport leaders although some
of them have their charges dropped while some are still under investigations.
Currently, we have the FIFA General Secretary FatmaSamoura is currently in
Egypt at the headquarters of the confederation of African football trying to
ensure stability in the continent’s football governing body. While some
commentators are not in support of this move by FIFA, other commentators opine
that it’s a good one to ensure that CAF adopts good governance, a major need
for its progress.

Some sports organizations
such as FIFA, UCI and IAAF have made significant changes to their constitutions
in recent times, introducing term limits and involving more independent people
in aspects of decision-making. However, the pace of progress across the sports
sector as a whole is slow, The Association of Summer Olympic International
Federations (ASOIF) subsequently developed a
governance assessment tool for International Federations. There are now
several different theories of governance. In recent years the specific topic of
sports governance has attracted a fair amount of interest from academics and
institutions. A number of principles of good governance have been produced,
such as the IOC’s Basic Universal Principles of Good Governance of
the Olympic and Sports Movement

(2008), the EU’s Principles of good governance in sport (2013), and the Universal
Standards
of the Sport Integrity
Global Alliance. 
 The
EU’s Expert Group on Good Governance has defined the principles of good governance in sport in the following terms: “The framework and culture within which a sports
body sets policy, delivers its strategic objectives, engages with stakeholders,
monitors performance, evaluates and manages risk and reports to its
constituents on its activities and progress including the delivery of
effective, sustainable and proportionate sports policy and regulation.”

In addition to the various
good governance codes which have been published, governments and regulatory
bodies in many countries have put in place standards of governance for sports
organizations. For example, UK Sport and Sport England produced a Code for Sports Governance. Tracey Crouch MP
had stated that
“It is vital that our domestic
sports bodies and organizations uphold the very highest standards of governance
and lead the world in this area. We want to ensure that they operate efficiently
and successfully while being transparent and representative of society. We have
been clear that we will expect them to adhere to the new Code for Sports
Governance if they are to receive public funding in the future.”[4]Working
with partners in eight European countries, Play the Game created a benchmarking
tool for assessing governance in national sports federations, resulting in a report published in November 2018. A
new initiative which started in 2017 called the International Partnership Against Corruption in
Sport
(IPACS) brings together stakeholders including the
Organisation for Economic Co-operation and Development (OECD), the IOC, a
number of national governments, the Council of Europe and the United Nations
Office on Drugs and Crime (UNODC). Taskforces are addressing the issues of
corruption in procurement, integrity in the selection of hosts for major sports
events, and compliance with good governance principles.[5]

It
is very evident that sports governance emanating from good corporate governance
is taking a great force among sports organization in the sports industry which
cannot be over emphasized. Organizations have started developing codes of
sports governance with promotion of the principles of sports governance and
violators of these principles are being brought to book. It will be interesting
to see how menaces such as corruption, bribery and lack of integrity is being
flush out through the development and promotion of good sports governance. 

Oluwatobiloba Adesemowo
“Tobi is a tax and sports lawyer. He is currently a
management strategist at Lagos Tigers Football Club. He is also a tax associate
at SIAO partners. During his leisure, he loves to research on sports and tax
related issues.”

Photo Credit – www.uslegal.com



[2]www.itrustsports.com/goodsportsgovernance last accessed on the 2nd
Nov.2019
[3] Ibid
[4]www.uksport.gov.uk/resources/governance-code last accessed on the 2nd
Nov. 2019
[5] Ibid

Introduction To Sports Law In Africa

Introduction To Sports Law In Africa

The
Sports Industry is fast becoming a growing industry which accommodates various
professional from all works of life. It is very pertinent to note that due to
the growing nature, it has become paramount to find a medium to regulate the
activities within the sector. Owing to this fact, legal professionals within
the industry have developed the legal framework that pertains to sports and the
developing issues that evolve from the sector.


The
immense development of sports around the world cannot be over emphasized; talk
more of its impact in the progress of a nation.Football,
for example is the  first team sport in Spain by number of
practitioners, has become an important phenomenon that involves cultural,
social, economic and even political factors. Although it sounds like a cliché,
football is much more than two teams of eleven people running after a ball.[1]Sports has been recognized
as the only event which bring together all personalities; whether Black, Asian,
White or Australoid.

Historically,
sports was generally seen as a past time that didn’t require serious
formalization and regulation. For instance, when the ancient Olympic Games
started, there were limited rules and regulations binding the athletes and the
organizers. In the past few decades however, we have seen sporting activities
and tournaments become much more complex. These days there are events like the
World Cup and Olympic Games, African Cup of Nations (AFCON), sporting
federations like FédérationInternationale de Football Association (FIFA),
Confederation of African Football (CAF) and the American National Basket Ball
Association (NBA), players and agents all involved in complex web of
organizing, hosting and playing of games and tournaments. These days players
sign contracts, teams have relationships with the governing federations and the
governing federations have connections with the governments of each country.
These complexities have led to the growth and emergence of sports law and
practice[2]around the world without excluding
Africa.

A
distinct Forbes list just for highest paid athletes evidences the rising
popularity of the sports industry in the past few decades. The history of
sports extends as far back as the existence of people as purposive and
competitive. It simultaneously portrays as how the beliefs of the society have
changed and what changes have been brought in the rules and regulations. The
most eminent legal scholars have always unanimously held that law is essential
for a society because it serves as norms of thecode of conduct. It keeps the
community running. Without law, there would be a state of chaos where only the
fittest will survive. Similarly, even though law and sports often get
considered as “separate realms”; sports laws form the backbone of the
sports industry regulating the myriad of interlinking legal issues ranging from
anti-doping, gambling,andmatch-fixing to the choice of legal structure for
sporting organizations. Sports without the governance of a body of law can be
comparable to a football match without a referee; havoc.  These laws have
an unusually well-developed pattern of globalized regulation and overlap
substantially with multitude areas of other distinct laws.[3]

One
of the major sports that emerged in Africa and has stood the test of time is
Football which has been evidenced in the great African players who have also
made their marks not just in Africa but in Europe. Amongst them are Austin
Okocha, KanuNwankwo, Samuel Etto, Didier Drogba, Rasheed Yekini et al.

The
development in African football has over the years been astonishing and rather
controversial. For the sports lawyer and other interested parties, this is a
remarkable opportunity to examine and critically analyze further the perennial
battle between state regulation and self-regulation. It is a well-established
fact that FIFA and CAF regulations prohibits attempts to seek remedies before
national courts in matters which is of purely sporting nature and by pursuing
this one risks violating specific FIFA regulations. The general position is
that national courts are usually reluctant to interfere with cases of a
sporting nature as the sports associations are private bodies as opposed to
public bodies. Courts cannot intervene in matters conducted by private
associations, however when a matter is presented in court against a private
association the courts will nevertheless go ahead with the hearing of the
matter.[4]



Oluwatobiloba Adesemowo

“Tobi is a tax and sports lawyer. He is currently a
management strategist at Lagos Tigers Football Club. He is also a tax associate
at SIAO partners. During his leisure, he loves to research on sports and tax
related issues.”

Picture Credit – www.legaldesire.com