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This Time the Judiciary Must Not Cave in to Executive Bullying

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The constitutional stars have aligned and the entire judiciary has the rare opportunity to speak with one strong voice and assert its constitutional authority.

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This Time the Judiciary Must Not Cave in to Executive Bullying

May 13, 2021 will be etched in the annals of Kenya’s history as another pivotal moment when,  once again,  the  Judiciary boldly upheld and affirmed the sovereignty of the people,  and the supremacy of the constitution, while reclaiming its independence.

The last time the spirit of constitutionalism coursed so strongly through a decision of the Kenyan judiciary was on 1 September 2017, when then Chief Justice David Maraga led the  Supreme Court in emphatically asserting the authority, independence and rightful role of the Judiciary in the constitutional order. The majority decision of the Supreme Court annulled the August 8, 2017 election of Uhuru Kenyatta as president of the Republic of Kenya in a petition that was brought by former Prime Minister Raila Odinga and his running mate Kalonzo Musyoka. The palpable sense of pride and affirmation of the entire Judiciary in the Supreme Court’s 2017 ruling on the Raila petition was captured in the anecdotes told of judicial officers symbolically retaking their oaths of office days after the monumental judgment. The judiciary, it was said, had finally come of age, judicial independence had been attained.

Sadly, that independence would be short-lived — lasting just sixty days. Following the Raila 2017 decision, an angry President Uhuru Kenyatta would wield his power to make good his threat to retaliate against the judicial organ of state, emasculating the institution and leaving it whimpering.

The hope in the judiciary that had been ignited by the Maraga Court was once again rekindled on  13 May  2021  by the five-judge bench of the  High Court consisting of Justices Joel Ngugi,  George Vincent Odunga, Jairus Ngaah, Teresiah Matheka and Chacha Mwita. The five justices delivered a brave, straight-shooting, bold and stellar decision on several consolidated constitutional petitions challenging the Building Bridges Initiative (BBI) process towards a constitutional referendum.

Ironically, BBI was birthed out of the effects of the 1 September 2017 decision and was the brainchild of President Kenyatta and Raila Odinga, who had been symbolically sworn in as  “the  People’s  President”  at a  mock ceremony held after the dispute over the two presidential elections in 2017.

It is poetic justice that this time around,  both President Kenyatta and  Raila Odinga are on the receiving end of the judicial rod. This boldness in the affirmation of the supremacy of the constitution and the rule of law is what Raila Odinga fought for in his 2017 presidential election petition.  He, therefore,  has no choice but to accept the  High  Court decision with grace and humility and reconsider where,  like the biblical  Samson, he allowed Delilah to cut off the source of his strength and vision. There is yet hope because, like Samson, Raila Odinga has a chance to reclaim his strength and bring down the Philistines’ pillars, the edifices and indeed the entire temple.

For the Odinga column, particularly the eminent legal scholars who rightly lauded the 1 September 2017 decision, it is easy to see and understand their conflict and struggle in faulting the High Court bench and the BBI judgment. They will struggle to fall on their swords, but fall they must.

The fact that the 13 May High Court decision may be challenged in the Court of Appeal and may possibly even go before the Supreme Court is a perfect opportunity for the judiciary to consolidate this significant gain and reassert its independence beyond assail. In 2017, the Maraga bench thought that they could domesticate a wild animal and dompt a serially rogue executive. It did not work and the administration of justice has been greatly suffering the ramifications of that mistake since.

They will struggle to fall on their swords, but fall they must.

The executive targeted the four Supreme Court judges who authored the majority judgment in the 2017 Raila decision in an attempt to induce fear in the rest of the judicial ranks. Deputy Chief Justice Philomena Mwilu is living testament of the lengths to which the promise “to revisit” the Judiciary could be taken. We must never lose sight of the fact that the attack on DCJ Mwilu was a veiled threat and an attack on the entire institution of the judiciary.

Therefore,  the judiciary must draw lessons from  2017  and ensure that this time around it holds the line and does not give in to the nastiness and brutishness of any executive assault. The respondents have already indicated that they intend to appeal against the BBI judgment, as is their right. It is thus likely that this matter may go all the way to the Supreme Court. An affirmation of the High Court judgment by the Court of Appeal and the Supreme Court will give the entire judiciary the rare opportunity to speak with one strong voice and stamp its constitutional authority.  The constitutional stars have aligned and this is the moment for the entire Judiciary to rein in an unwieldy creature of the constitution and put an end to the undeserved and misguided narrative that it is “the weakest link”. The judiciary is not a link – it is an organ of the state.

A version of this article was originally published by The Standard.

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Ms Julie Soweto Aullo is a constitutional lawyer and Advocate of the High Court of Kenya.

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Tigray: Call It Genocide, Prosecute Its Leaders and End It

The Tigrayan people should not, must not, wait for one century, one year or even one more day for the world to acknowledge their plight and rescue them from obliteration.

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Tigray: Call It Genocide, Prosecute Its Leaders and End It

On 26 May 2021, US President Joe Biden issued a bold statement on the raging crisis in Ethiopia, warning of escalating violence and the hardening of regional and ethnic divisions, including the “large-scale human rights abuses” and “widespread sexual violence” taking place in Tigray. But he stopped short of calling the appalling atrocities in Tigray by their true name: genocide.

Just one month earlier, Biden had righted an historic wrong by pronouncing the attempted extermination of Armenians by the Ottoman Empire in 1915 to have been a “genocide.” The Armenians had waited 106 years for this rhetorical symbol of justice. The Nazis’ attempt to eradicate the Jewish people was not recognised until it was too late to do anything about it. Rwandans had to wait four full years to hear President Bill Clinton express “deep regret” that he had not declared the massacre in 1994 of a million of their compatriots a genocide. Biden’s condemnation sends a message of solidarity to Ethiopians everywhere and to the people of Tigray in particular. But it also risks igniting false hopes that the international community will now take decisive action to prevent the erasure of an entire nation.

For almost seven months now, the armies of Ethiopia and Eritrea, aided and abetted by extremist militias from the neighbouring Amhara ethnic group, have been engaged in a well-planned, deliberate and systematic genocide of the Tigrayan people. The government in Addis Ababa claims that the Tigrayan People’s Liberation Front (TPLF) started the fighting with a surprise attack on a military garrison and that they must be brought to justice. The TPLF claims that a pre-emptive strike was necessary to disrupt the government’s pre-meditated war plans. But it no longer matters who fired the first shot or whether the ossified TPLF leadership should have anticipated that armed conflict could be used to justify their people’s extermination. Between November 2020 and March 2021, the University of Ghent, in Belgium, documented more than 150 massacres across Tigray, including victims as young as two years old and as old as 93; the killing has continued unabated.

Despite systematic government attempts to restrict humanitarian access and impose a media blackout, some courageous journalists, aid workers and activists have succeeded in reporting these atrocities. But most of Tigray remains inaccessible to outsiders and communications are severely restricted, so the vast majority of these crimes remain unknown and undocumented. As a medical doctor from Tigray who served in the regional capital of Mekelle during the first four months of the genocide before fleeing my country one month ago, I have watched this violence unfolding with my own eyes and I bear both personal and professional witness.

Mass murder is not enough for the masterminds of the atrocities in Tigray, Ethiopian Prime Minister Abiy Ahmed and Eritrean President Isaias Afwerki. Their armed forces and allied militias seek to exterminate the Tigrayan people by inducing mass starvation; they are burning crops and seeds, cutting trees, destroying agricultural implements, killing animals, and destroying small dams and irrigation canals, to cripple the agricultural sector. The troops grind any remaining foodstuff they find into the dirt or manure with their boots to make it inedible. In late May, UN Under-Secretary-General for Humanitarian Affairs Mark Lowcock estimated that “over 90% of the harvest was lost due to looting, burning, or other destruction, and that 80% of the livestock in the region were looted or slaughtered.”

I have watched this violence unfolding with my own eyes and I bear both personal and professional witness.

Reports by UN agencies and Tigray’s interim administration assert that more than 2.3 million people in the region are internally displaced, and 5.2 million people are in urgent need of humanitarian aid. According to UNICEF, the number of severely malnourished children in Tigray has gone up nearly 90 per cent in the past week. Uncounted numbers of people have already died of hunger. But the Ethiopian government, the Eritrean Army, and Amhara forces are determined to block humanitarian efforts, impeding and obstructing access by aid agencies. At least eight aid workers have been killed in the last six months.

The coordinated ethnic cleansing by Ethiopia and Eritrean troops in collaboration with Amhara militias also involves erasing all traces of Tigrayan identity, a heritage that dates back to the Axumite kingdom of the 2nd Century CE. To this end, they have decreed the unrestricted use of mass rape, sexual slavery, and the traumatic sterilisation of Tigrayan women as instruments of war. As a doctor I have seen the unspeakable suffering of the victims of such sexual violence, including gratuitous mutilation and torture.

But these war crimes have a much broader and equally sinister strategic purpose: the total annihilation of Tigrayans as a people. According to the Ethiopian Ministry of Health, some 1.2 million inhabitants of Western Tigray have been driven from their homes, many of them killed or incarcerated in concentration camps. The occupying authorities have officially annexed these territories and encouraged ethnic Amharas from Gojjam and Gonder regions to claim the lands, properties and assets abandoned by their rightful Tigrayan owners. While men are killed or interned, Tigrayan women and children under seven are forced to take Amhara identity if they wish to remain in their homes. Women are also forced to serve as concubines for Amhara militia so that they no longer bear children of Tigrayan descent. National census exercises in 1978 and 1994 indicated that the inhabitants of these zones were overwhelmingly Tigrigna speakers. If ethnic cleansing continues at this rate, Tigrayans could become a minority in their homeland before the end of this year.

The coordinated ethnic cleansing by Ethiopian and Eritrean troops in collaboration with Amhara militias also involves erasing all traces of Tigrayan identity.

Tigray’s unique contribution to Ethiopia’s national heritage is also being methodically obliterated. The ancient monasteries of Debredamo, Dengolat St Mary, and the Al Nejashi Mosque – possibly the oldest in Africa – have all been vandalised. Aksum, a UNESCO World Heritage site, has been razed and pillaged by Eritrean and Ethiopian troops.

The progress of this genocidal campaign beyond Tigray is hard to assess, but – as the Associated Press reported on 29 April – there is no question that Tigrayans throughout Ethiopia, and even beyond its borders, have been subjected to profiling, arbitrary arrest and detention, travel restrictions, dismissal from government posts and transfer to concentration camps. Tens of thousands of Tigrayan members of the Ethiopian National Defense Force have also been disarmed and detained on the grounds that they might pose some undefined security threat. Some have refused orders to return to Ethiopia from peacekeeping missions abroad for fear of persecution.

In addition to President Biden’s statement, the United States government and the European Union have both called for an immediate ceasefire and the withdrawal of Eritrean and Amhara forces from Tigray, and have announced plans to impose travel restrictions on Ethiopian and Eritrean officials responsible for these atrocities, with the possibility of further sanctions to follow.

These are welcome measures, but they are in no way commensurate with the scale of the crimes being committed against the people of Tigray, the depth of human suffering or the depravity of men who seek to exterminate a nation of more than 6 million people.

If ethnic cleansing continues at this rate, Tigrayans could become a minority in their homeland before the end of this year.

Genocides, like other core international crimes, do not simply “happen” or “unfold”: they are premeditated, prepared, and perpetrated by individual leaders and their followers. The killers seek to dehumanise and displace the blame onto their victims, not only to make it easier for their forces to kill, but also to confound the international community, create confusion and buy time for the long, laborious work of mass murder.

As a medical professional, as a witness, and as a husband, father, brother, and son, I cannot accept that the dead, the maimed and the destitute survivors in Tigray be stripped of their humanity. I have tended to their horrifying wounds, shared their suffering, and buried their dead. Some sympathetic observers have encouraged me to publicly describe their injuries in detail so as to elicit global revulsion, but I believe that to do so would be a second desecration of these victims. No people, whatever the alleged sins of their erstwhile political masters, should ever have to face extermination like vermin or pests at the hands of their own government.

The Tigrayan people should not, must not, wait for one century, one year or even one more day for the world to acknowledge their plight and rescue them from obliteration. President Biden and other world leaders have a moral and legal duty to call this evil in Tigray by its true name, genocide, and to identify and prosecute those ultimately responsible for this most heinous of crimes – Abiy Ahmed and Isaias Afwerki. And then to act with ruthless efficiency and determination to end the genocide.

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Somaliland Electoral Law Imperils Inclusive Representation

The absence of legal commitments to promote representation of women, minorities, and clans from contested regions in the upcoming elections will reinforce an exclusionary voting system.

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Somaliland Electoral Law Imperils Inclusive Representation

30 years after declaring independence from Somalia in 1991, Somaliland can take pride in an impressive but not flawless democratisation record. Since 2002, the people of Somaliland have participated in six multi-party elections: three presidential elections (2003, 2010 and 2017) and two district council elections (2002 and 2012), but only one parliamentary (2005), and none for the House of Elders (Guurti). At last, combined local council and parliamentary elections will take place on 31 May 2021, respectively four years and eleven years after they were due.

The repeated postponements of elections have at times caused political tensions and uncertainty. This has undermined Somaliland’s democratisation process, weakened public confidence in democracy, stalled institution-building and reforms, and damaged the country’s relationship with the international community.

The main obstacle to holding parliamentary elections has been the difficulty in reaching a political compromise on the allocation of the 82 seats in the House of Representatives to Somaliland’s regions – and by extension, their clans – without a reliable national census. The 2005 parliamentary election could only take place because the National Electoral Commission (NEC) brokered a compromise on seat distribution just weeks before the polls.

However, the five-year mandate of the House of Representatives came to an end in 2010 without a reliable national census having been carried out, or a political solution put in place to resolve the issue of seat distribution. Disagreement on this issue delayed the holding of parliamentary elections for the next 10 years. Whenever the issue was raised, the only solution proposed was to return to the 2005 compromise formula. However, this has elicited strong opposition from people in Awdal region (western Somaliland), particularly from the Samaroon clan, who felt that the 2005 arrangement did not allocate them enough seats. Leaders from the clan threatened to boycott any future polls if a revised seat allocation formula was not agreed.

The national clan arithmetic and balance were at the centre of this stand-off. Expectations in Awdal region were anchored in a demand to allocate half of the seats of the House of Representatives to non-Isaaq clans (including Samaroon, Isse, Harti). The argument was based on the need to protect minority rights against majority rule and promote equitable clan representation rather than representation based on population. Among the leaders of the populous Isaaq clans in particular, the proposal was perceived as unreasonable and provocative. It was also seen as an attempt to win the other non-Isaaq clans, such as the Harti, over to the Samaroon cause.

Given the overwhelming public support in Awdal for stronger representation, and the fear of alienating other non-Isaaq constituencies, Somaliland’s political leaders refrained from addressing this divisive issue, contributing to the continued postponement of Somaliland’s parliamentary elections. But growing internal and external pressure forced President Musa Bihi to act.  In September 2020, he endorsed a new electoral law, which stipulated that parliamentary seats would again be distributed according to the 2005 arrangement. The law was passed in early October, despite strong opposition from MPs and elders in Awdal region, paving the way for the NEC to prepare parliamentary elections.

Women’s candidacy and representation 

The change in 2002 from the clan-based system of representation to electoral democracy with universal suffrage gave women in Somaliland the right to stand for election and to vote. There was hope among women that recognition of their political rights would improve women’s participation and representation in Somaliland’s politics unlike in the clan-based system of nominations, which discriminated against women.

However, the first test of the new system — the local council elections held in 2002 — demonstrated that formal recognition of the political rights of women was rarely respected in practice and was not enough to significantly improve their political participation. Clan influence remained extremely strong and most Somalilanders voted along clan lines, which tends to exclude women. The patriarchal clan system meant that very few women were put forward for election. In 2002, this resulted in only two women being elected among a total of 379 local councillors.

Even when the law allows it, few women run for office in Somaliland. And women too generally vote along clan lines, often under the direction of the men in their family. In the run-up to the parliamentary elections of 2005, women’s groups and other civic organisations campaigned hard to have provisions included in the electoral law that would establish a quota for women candidates. However, the initiative was rejected by parliament. Once more, female candidates were largely excluded from the electoral process due to the strong clan influence in the nomination process and voting patterns. As a result, out of the 246 candidates in the parliamentary elections, only seven were women and of the 82 MPs elected, only two were women.

Efforts to amend the electoral law to set a quota for women continued and in 2007, constant pressure and lobbying from women’s groups and other civic organisations eventually persuaded the government and parliament to include provisions in the electoral law that would grant a  quota for female candidates. But although the proposal was endorsed by the House of Representatives, it was rejected by the House of Elders due to opposition from religious groups. The proposal was put to a vote again in 2020, but both Houses rejected the amendments under external pressure.

In the absence of a quota or a framework for promoting women’s representation, female candidates for the upcoming parliamentary elections on 31 May 2021 have sought support and endorsement from their respective clans. Seven women reportedly pursued the backing of their clans. Only one of them won the full support of her clansmen, setting a precedent as this was the first time in Somaliland’s history that clan elders, intellectuals, the diaspora, youth, opinion makers, and businessmen publicly endorsed a woman’s candidacy. Securing her clan backing furthered her candidacy. Resources were mobilised and a database was established to support her and to ensure high turnout in her clan constituency during the voter registration exercise. In contrast, a female candidate who failed to secure the support of her clansmen has faced strong and consistent resistance and opposition from her clan leadership and politicians.

Marginalised communities

The most marginalised groups in Somaliland are the Gabooye, who constitute the traditional occupational castes (“low caste”) known as Tumaal, Midgaan and Yibir. (In casual speech, these groups are often referred to as Beelaha Gabooye, although members of the various sub-groups do not necessarily accept this appellation. For the purposes of brevity, the term Beelaha Gabooye is used to refer to the Gabooye, Tumaal, and Yibir together.)  For the Gabooye, the challenge of representation is more a question of their social status rather than their numbers; they have a significant number of voters to pick up seats in Hargeisa and other urban centres. But their internal divisions and especially their lack of political, social, and economic clout as a result of years of marginalisation hinder the nomination and electoral success of Gabooye candidates. To rectify this, Gabooye representation had also been discussed as part of the failed attempts to establish quotas.

Female candidates for the upcoming parliamentary elections have sought support and endorsement from their respective clans.

In the absence of quotas, the Gabooye now compete with candidates from the “noble” sub-clans of Somaliland, both to get nominated by the parties and to win seats in the parliamentary and local elections. Local observers believe that at least one Gabooye candidate in Hargeisa has a good chance of winning a parliamentary seat because he is a prominent and outspoken member of a political party and enjoys public support.

Harti candidacy and representation

In the eastern regions of Sool, Sanaag and Togdheer that are the object of contest between Somaliland and Puntland, the Dhulbahante and Warsangeli clans — which are sub-clans of the Harti clan federation which includes the Majerteen of Puntland — have long been divided in their attitudes towards Somaliland. In the run-up to the 2005 parliamentary elections, there were security concerns about holding elections in some of these contested areas. Exclusion of these territories from the poll would have reduced Harti representation in the new parliament. A provision was therefore made in the electoral law for eight reserved, uncontested seats for these Harti sub-clans – six for the Dulbahante and two for the Warsangeli.

In spite of this, Harti representation decreased from 14 to 10 following the 2005 parliamentary election. Of these seats, 8 were from the uncontested list, while 2 were elected.  In contrast, the number of Samaroon seats from Awdal region increased from 10 to 13. Candidates from the Isaaq clans won 57 seats, gaining 10 seats at the expense of the Harti and minority representation. Members from Isaaq clans now controlled 70 per cent of the House, up from 63 per cent before the polls.

Ensuring the active participation of the Harti clans in the upcoming parliamentary election remains a challenge. There was an understanding between some Harti MPs and the president that the provision granting uncontested seats for the non-voting Sool, Sanaag, and Togdheer regions would remain. However, the plan met with strong opposition from some Isaaq MPs in these three regions who hope to win these seats in an electoral contest. They pressured the government to back off and passionately lobbied other Isaaq MPs to vote against reserved seats for the Harti. All Samaroon parliamentarians and most of the Harti MPs boycotted the parliamentary debate on the electoral law in protest against the proposed seat allocation. In the end, the law was narrowly approved by Isaaq MPs in parliament, and no seats were reserved for Harti constituencies.

For the Gabooye, the challenge of representation is more a question of their social status rather than their numbers.

Those opposed to the special arrangement argued that the Harti communities could organise themselves as a political group to register enough voters to compete successfully in the elections. This sentiment is shared by some members of the Harti, particularly those from the areas controlled by Somaliland, such as Sool region. Efforts by the competing candidates from the Dulbahante clan in Sool, government officials from these areas and the political parties have all considerably improved participation in voter registration. The Dulbahante districts now account for more than 57 per cent of the registered voters in the region, which would enable Dulbahante candidates to win 6 or 7 of the 12 electoral seats if there is high voter turnout. By contrast, the Warsangeli candidates (mostly in Sanaag) were far less successful because large sections of the area are not sufficiently under the control of the Somaliland government. The two predominantly Warsangeli districts have registered only about 10,000 voters. Together with about 16,500 other voters in the capital district of Eiragabo, Warsangeli candidates stand a chance to win only 2 out of 12 electoral seats in Sanaag. The refusal by parliament to allocate uncontested seats could inflict substantial damage on political representation in Somaliland if the Harti constituencies fail to gain sufficient numbers in the House.

Reinforcing exclusion

The absence of legal commitments and special arrangements to promote the representation of women, minorities, and clans from Somaliland’s contested regions in the upcoming parliamentary election will reinforce an exclusionary majoritarian voting system. This will clearly produce segments of winners and losers and will ultimately lead to less inclusive representation.

The most obvious losers will be women. Already, few women are running for parliament due to the prevailing social barriers. At best, women are likely to have only one representative in parliament. This will mean that women continue to be denied equal legislative rights, which will also have a negative impact on public policy.

Harti representation in parliament could reduce further after the upcoming election, thereby increasing their sense of marginalisation within Somaliland.  It is also foreseeable that Isaaq clans will increase their share of seats at the expense of the Harti, while Samaroon representation will probably remain unchanged, thereby increasing Isaaq dominance in the parliament and further cementing their majoritarian rule.

This article relies heavily on interviews and informal discussions with candidates and MPs from Awdal, Hargeisa, Sool, East Sanaag and West Sanaag conducted between 6 and 22 December 2020.

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How Technology Can Help Nations Navigate the Difficult Path to Food Sovereignty

Using digital platforms to enhance food sovereignty is only plausible if international trade is not disruptive.

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How Technology Can Help Nations Navigate the Difficult Path to Food Sovereignty

As the movement of people across the world creates more multicultural societies, can trade help communities maintain their identity? This is the question at the heart of a concept known as “food sovereignty”.

Food sovereignty has been defined as “the right of peoples to healthy and culturally appropriate food produced through ecologically sound and sustainable methods” and, critically, the ability of people to own their food systems.

Culturally appropriate food refers to the cuisine eaten by a certain group, which reflects their own values, norms, religion and preferences. It is usually dynamic and may change over time.

In my journey across different food landscapes, I have discovered that people consume food not just to satisfy hunger but for cultural, religious, and social reasons. And I have learnt that there are ways that international trade can help facilitate this.

How trade affects cuisine

My journey was shaped by my experiences examining the preferences of people from Afro-Caribbean descent, South Asians and Chinese people in the Greater Toronto Area of Canada.

The Chinese have a huge palate for bok choy, chinese eggplant, and gailan (also known as Chinese broccoli). South Asians love okra, bitter melon and eggplant. People of African descents tend to love okra and amaranth (a leafy green vegetable), at times substituting the latter with spinach because of scarcity.

The interesting thing about these groups is that they share a lot of food in common, though the preparation may differ.

This makes sense: one of my main findings has been that everyone’s cuisine has been affected by migration and trade. This pattern is ever more pronounced in the contemporary world, as people explore and learn from other cultures by including other food traditions in their own cuisine.

Enriching food culture

The integration of cultures does not negate culturally appropriate food, it enriches it. London’s curries are a result of migration, and in Nairobi the inclusion of channa (chickpea) and chapati (flatbread) in the diet is a result of the Indians trading and settling in the region.

Cultural groups have different definitions of good or appropriate food. The elite (who can afford it) and people who are environmentally conscious, for instance, believe in organic or local produce; Jews eat kosher food; and Muslims eat halal.

The challenge lies with making sure food is appropriately labelled – as organic, local, kosher or halal – and the key here is the authenticity of the certification process.

It can be quite difficult to trace the origin of certain foods, whether they’re produced locally or internationally. This educates consumers, allowing them to make the right choice. But it may be an additional cost for farmers, so there is little incentive to label.

The case for transparency and authentication

To ensure that trade allows people to have access to authentic and culturally appropriate food, I recommend a new, digitised process called “crypto-labelling”. Crypto-labelling would use secure communication technology to create a record which traces the history of a particular food from the farm to grocery stores. It would mean consistent records, no duplication, a certification registry, and easy traceability.

Crypto-labelling would ensure transparency in the certification process for niche markets, such as halal, kosher and organic. It allows people who don’t know or trust each other to develop a dependable relationship based on a particular commodity.

If somebody produces organic amaranth in Cotonou, Benin, for instance, and labels it with a digital code that anyone can easily understand, then a family in another country can have access to the desired food throughout the year.

This initiative, which should be based on the blockchain technology behind Bitcoin, can be managed by consumer or producer cooperatives. On the consumer end, all that’s required is a smartphone to scan and read the crypto-labels.

The adoption of blockchain technology in the agricultural sector can help African countries “leapfrog” to the fourth industrial revolution.

Leapfrogging happens when developing countries skip an already outmoded technology that’s widely used in the developed world and embrace a newer one instead. In the early 2000s, for instance, households with no landline became households with more than two mobile phones. This enabled the advent of a new platform for mobile banking in Kenya and Somalia.

Similarly, crypto-labelling will lead to a form of “electronic agriculture” which will make it cheaper in the long run to label and enhance traceability. With access to mobile technology increasing globally, it’s a feasible system for the developing world.

The right kind of trade

But using digital platforms to enhance food sovereignty is only plausible if international trade is not disruptive.

This is not the case now. A whole roasted turkey and condensed milk are cheaper in Hillacondji (Benin Republic) and SanveeCondji (Togo) than they are in Europe because of what economists call “dumping” – when a product is cheaper in a foreign market than in the domestic market.

Because of the low cost of imported products, local farmers in these francophone West African countries simply cannot compete. There’s no incentive to produce locally if you won’t recoup the cost of production.

In theory, it’s desirable for these to import such products because they are so inexpensive. But in practice, food sovereignty is compromised once a country needs to import staple foods that could easily be produced domestically.

Local production guarantees food safety if consumers purchase directly from farmers or through community shared agriculture. It promotes healthy eating, especially for perishable foods, that lose quality as a result of long-distance travel. It also strengthens the local economy through creation of employment and value-added products.

La Via Campesina, the international peasant’s movement interested in the welfare of farmers, wants the World Trade Organisation (WTO) to stop interfering with agriculture. But it is possible for the WTO to develop processes and procedures that will facilitate trade in Africa, based on its Trade Facilitation Agreement.

The WTO should also support developing countries in protecting their farmers, reusing seeds, and developing indigenous knowledge. Trade should not tamper with farmers’ right to plant what they want, when they want.

Intertwined sovereignty

Africa has been trading with different parts of the world for centuries, as reflected in the continent’s diverse diet. The national cuisine of the Somalis, for instance, is influenced by India, (because of the Indian Ocean trade); the Arabian Peninsula (Arab immigrants kept coming in different waves and in the process exchanges of ideas, culture and commodities took place); Ethiopia (because of trade caravan networks); and Italy (because it colonised Somalia for half a century, from 1889 to 1936).

The same thing is seen among the Swahili people of the Kenyan and Tanzanian coastal areas. There, trade has flourished for centuries, enriching the food sovereignty of several countries in Africa – that is, until multilateral organisations started performing experiments with uncertain outcomes.

I have enjoyed palm wine and pounded yam with egusi soup with a farmer called Adedeji in Ile-Ife; asked for more ugali and hot nyama choma in Nairobi while hanging out with two researchers of food and agricultural development, Makau and Magomere.

And as empirical evidence for showing food travels across borders, I have eaten kisra and okra in Edmonton with the Abibakris, a Sudanese family.

During this journey, I realised that food sovereignty is intertwined and we have a lot more in common than we tend to acknowledge. Of course food sovereignty and international trade can coexist – as long as the private sector is socially responsible and governments develop appropriate policies.The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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