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Adios Thabo Mbeki

By
Swallehe Msuya
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A highly respected son of Africa, Thabo Mbeki, who nine years ago stepped into the giant boots of Africa’s most admired hero – Nelson Mandela – as democratic South Africa’s second President, has been told to bow out un-ceremoniously.

Mbeki (76) has been forced out of office by his party’s divided National Executive Committee in a swift swing of power in favor of his one-time Deputy, whom he fired for political misconduct – Jacob Zuma.

The man he fired in 2005 was a charismatic leader whose influence in their party – the African National Congress (ANC), Mbeki had underestimated. In the elections for party stewardship of 2008, Mbeki lost substantially to Zuma and those who were looking for a reason to disgrace the man who had served the party for 52 years had their golden opportunity beckoning.

What crime did Mbeki commit to deserve such a swift downfall? His political adversaries, Zuma, Tokyo Sexwale and Cyril Ramaphosa, have accused Mbeki of “abusing power.” Has he really?

Mbeki was a soft-spoken leader who avoided direct confrontation with his opponents.

“This temperament can be problematic in contexts which demand strong action,” argues Robert Schrire, an outspoken critic-cum-academician who says that Mbeki tried to protect himself from conflict situations and he “preferred to operate behind the scenes where he is an acknowledged master of the tactical thrust.”

Zuma, his presumptive substantive successor, flexed his muscles before his ex-boss in an earlier clash to a point of proving a point that he (Zuma) had a bigger following in ANC than President Mbeki. When opinion on the “dark instincts” of Mbeki became loud and even echoed by the Press, Mbeki reacted by his characteristic intellectual stance accusing the media of playing the race card of projecting “the repulsive and terrifying stereotype of the African barbarian.”

Mbeki’s low blow removal from office came after Judge Chris Nicholson’s findings (presumably) of political interference in the work of the National Prosecuting Authority. To me, this frivolous verdict was not reason enough to rush to such a weighty penalty.

This was pay-back time from Jacob Zuma, who had felt humiliated when Mbeki had earlier asked him to resign. Zuma’s legal wrangles that followed the rift cost taxpayer money R10m. Then to Mbeki’s shock, the final hammer from the ANC supreme organ of NEC fell on him (with vengeance?) after his Presidency allegedly stood-by while 42 lives from neighboring states were cut short under his watch in May due to xenophobia!

Political Service

Mbeki’s history of public service was “a follow-daddy’s footstep affair”. His father  Govan Mbeki was a party stalwart of the African National Congress (ANC) and his son Thabo “was born into the struggle” and became active from age 14.

Mbeki, a native Xhosa speaker went to school in South Africa before enrolling as an external student with the University of London where he earned his economics degree.

In 1974, he married Zanele at Farnham Castle, in the United Kingdom. He spent 28 years in exile when ANC was banned in South Africa and returned only after the release of Nelson Mandela.

While in the UK, he earned his Masters degree in Economics from the University of Sussex before going to the Soviet Union for military training. He then served ANC in its offices in Botswana, Swaziland, Nigeria, and Zambia

In 1989, he led the ANC delegation that conducted secret talks with South African apartheid regime that led to the un-banning of ANC and the release of detainees. He actively took part in most deliberations that gave birth to the democratization of South Africa.

Mbeki became deputy President in 1994 when South Africa attained universal suffrage. He succeeded Nelson Mandela as ANC president in December 1997 and as the president of the Republic in June 1999. He was re-elected for a second term in April 2004. He has been removed from office before next elections of 2009 where he could not contest as the constitution does not allow a third term.

During his 9 years in office as President, Mbeki became a successful power broker in Rwanda, Burundi, Ivory Coast, the Democratic Republic of Congo and Zimbabwe. He was founder President of the New Partnership for Africa’s Development (NEPAD) and African Union (AU).

His critics have branded him “remote and academic”; but a modern leader nonetheless who was very comfortable with Information and Communication Technology and the Internet. He called for “end to global apartheid” by seeking to end poverty globally. He however differed with many on what caused HIV-AIDS. He saw poverty as the root cause of the pandemic and accused pharmaceutical companies of playing dirty with the search for a cure.

On the flip side, did Zuma rape an HIV- positive woman? Did he believe that taking a shower would cleanse his body of possible infection? Did he engage in corrupt practices? A divided ANC with Zuma as president will be put to the test if it will succeed to navigate and sustain a recovery course for South Africa torn by many years of war and racial confrontation; and lately by party squabbles in the ANC.

Will South Africa remain on course to continue the reconciliatory healing spirit and national unity initiated by Mandela? Or is this the beginning of more division and chaos to follow? The whole world is watching as the new South African leadership takes over while sympathizing with Thabo Mbeki’s unearned stab on the back.

Africa will record Mbeki’s chapter as that of a great Pan-African hero who gave in to political blackmail from those who despised him in the hope of keeping his mighty country united. Africa salutes him with all respect for choosing to go down in history as the gentleman elder politician who relinguished power when his accusers said it was time for him to go (literally without a fight)! 

Adios Mbeki

Obama’s Historic Nomination: A Homecoming for African Immigrants

By
Nelima Kerre - Mshale Staff Writer
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Obama’s Historic Nomination: A Homecoming for African Immigrants

Brooklyn Park, Mn– Senator Barack Obama made history as the first black man in the United States to be a major political party’s nominee for the office of the president. Obama accepted his party’s nomination in Denver at the Democratic National Convention at the end of August.

That night, a small, but anxious group of Africans gathered to watch Obama’s acceptance speech at Klub Afrika, a restaurant and night club in a Minneapolis suburb. The get-together was organized by Victor Abalo, a Togolese-American, who is one of the African outreach field coordinators for the Obama campaign

There was not much chit-chat as everyone’s eyes were glued on the suspended television set awaiting Obama’s speech that was screened live all over the world..

Alice Tuza, from Rwanda, was the most animated of the group, “Why aren’t you guys excited? You are disappointing me ” she exclaimed throwing her hands in the air.

Tuza seeking to reduce the groups anticipation sang Born in Africa to the tune of Bruce Springsteen’s Born in the U.S.A as it played at Denver’s Invesco Field right before Obama was scheduled to speak. Her singing and enthusiasm caught on, and soon those around her  began to smile.

For Edith Mussukuya from Kenya, Obama’s political ascension gives her hope. “It gives true meaning to the saying that the sky is the limit. Who would have dreamed that a black man in America could come this far? It’s not just that, he did not come from a wealthy background either.”

This was not a crowd that supported Obama, just because he is of African descent. They were well aware of his policies as well as those of Republican presidential candidate Senator John McCain. They are budding democrats.

Ben Nwoekecha from Nigeria was especially critical of McCain’s policies. Nwoekecha feels that McCain is far removed from the realities of life for many Americans. “I am glad he [Obama] took note that McCain called us whiners,” he exclaimed. “How can you say that to people who want a better way of life? He does not understand us because we do not make 5 million dollars” he said to Tuza.

The gathering at Klub Afrika took on heightened emotions as Obama’s speech intensified; what was slight head bobbing was now aggressive nodding. Smiles soon turned into laughter and slight waving of hands became fist pumping and clapping.

“At some point it’s like he is filled with the Holy Ghost,”commented Mussukuya.

When Obama referenced Martin Luther King, a very emotional John Enwesi jumped up and shouted, “This is what I’m talking about ”

Mussukuya exclaimed in agreement, “Yes  Yes ”

At the end of the speech, Enwesi hugged himself and said “I’m gonna cry ”

He paused to reflect on this historic significance of Obama’s nomination, “Jesse Jackson had tried, but they never took him serious because he never pushed ahead, but look at Obama  This is a dream come true and what is more impressive is that he is a descendant  of the continent.”

“It raises the stakes for Africans in that as much as we are in the dogs, we can produce great leaders and are a capable people,”chipped in Mussukuya.

Abalo, who has worked closely with the candidate’s campaign, feels that Obama’s success has broken barriers and will help Africans build more confidence in themselves.

“Black people tend to limit themselves,” he remarked. “I couldn’t believe my ears when my cousin in Atlanta suggested that Obama should take the vice presidency and leave the presidency for Clinton ” he exclaimed.

According to Nwoekecha, support for Obama does not end should he be elected as president. “We will continue to work with and empower the grassroots as we have been,” he stated.

“When Obama becomes president I hope he will not give money to African governments like other leaders have done, because the money never gets to the people who actually need it,” said Tuza. “I would rather he created opportunities for Africans to get a good education in the U.S and then return home and better their countries.”

Mussukuya is convinced that an Obama presidency would be good influence on African leadership. “When Obama criticized Kenya on corruption they attacked him without knowing that he would go this far, but should he win the election they would give his criticism more thought. Obama being a descendant of African may make African leaders more receptive to his suggestions,” she noted.

In the end all agreed that there will be massive rejoicing should Obama be declared victor in the November presidential elections.

Tuza is ecstatic about Obama’s potential victory in the elections, “The day he wins …. people will dance, people will really celebrate, people will sing …. Do you know how much people have been waiting for this? Eh eh eh eh eh eh eh.”

Somali community protests RNC

By
Jahweyn8232
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Somali community protests RNC

St. Paul, MN-Freedom of expression and the power to summon your government, the two
most important principles of democracy played out at the Republican
National Convention (RNC) in St Paul,
Minnesota. Among an estimated 15,000 protesters that took to the
streets of downtown St Paul on Monday, September 1 was about 300 Somalis who
were protesting against “the U.S. sanctioned Ethiopian occupation of
Somalia.”

Many of them are American citizens and are recent immigrants who don’t
speak English fluently. Regardless, they seemed to know and want to
practice their rights under the constitution of the United State of
America.

Carrying the American flag along with the Somali flag, Somalis chanted and marched all through the marked route for the RNC
rally. Other Americans joined the Somali contingent to show solidarity
and understanding, more importantly to encourage them to participate
in democracy. Scott Peterson of Columbus, Ohio who drove miles to
participate the rally said “this is the real democracy … Somalis
understood it well”.

Later, as Somali protesters reached close to
the Xcel Center, the convention site, a counterdemonstrator
sarcastically said “thanks for exercising your First Amendment rights.
I fought for them”. In response, one of coalition marshals started
chanting in “tell me what democracy looks like, this is what democracy
looks like”.

Gandi Mohamed, Somali-American veteran also responded by
saying “we demand peace, justice and equality for all.”

Somali Cause, an umbrella organization for eight North American
political organizations headquartered in Washington, DC, was among the
organizing groups. Ethiopia
out of Somalia, U.S. stop supporting warlords & dictators read some of the signs and flags that the demonstrators carried. A huge banner with the Somali Cause
logo had a statement that read: End the U.S. sanctioned Ethiopian
occupation and atrocities, Somali people need peace, not war.

Speaking to the thousands of protesters, Mohamed Hassan, Somali Cause
vice chair and member of the organizing coalition, told the crowd that
“first U.S. government signed contracts with the warlords for
intelligence or to kill individuals that are either identified by the
warlords as enemies of the U.S. or U.S. has some intelligence on them …
later when Somalis revolted against the warlords and dispelled them
from the country, U.S. has asked Ethiopia to reinstate them by force”.

Hassan then asked protesters to contact their elected officials to demand an end to
the Ethiopian occupation.

The protest and the call to Minnesotan legislators to engage in Somali domestic and international affairs could not have come at a better time. Political candidates such as Senator Norm Coleman, Representative Keith Ellison, and others are seeking the votes of the Somali community here in Minnesota. Somalis are credited in electing to the
U.S. Congress the first Muslim American, Rep. Ellison of
Minnesota. Additionally, Somalis in Minnesota were the first to question and challenge
their government, the U.S. government, about its involvement in their
native country by organizing huge demonstrations and forums last
winter.

African Diaspora for Obama

By
Anna Otieno
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African Diaspora for Obama

You’ve heard it before and it will be said again: we are witnessing history in the making. The 2008 U.S. Presidential Election is right around the corner and the Democratic Party presidential nominee is an individual who has instilled hope and optimism in the hearts and minds of all Americans, including its newest immigrants. 

Senator Barack Obama’s “Yes We Can” campaign tagline has inspired thousands, including the African Diaspora – and the Diaspora is speaking back. First, second and third generation Africans in America are coming together to bring their community’s issues and needs to the political forefront.

So what does this mean for Africans in the United States? For the first time, thousands of new Americans are participating in the democratic process and African support for Obama is remarkably high.  From Kenya to Kansas, Cape Town to California, Africans are joining the race to support the candidate they believe has the vision and insight for a more prosperous and peaceful world. 

With an urgent need for more engagement, several communities have worked to create grassroots political organizations, such as Ethiopians for Obama, Eritreans for Obama and the African Immigrant Movement for Obama. These efforts have pushed to provide voter registration drives, community briefings and panel discussions, volunteer opportunities, and an overall surge of political mobilization in African communities.

One particular organization, African Diaspora for Obama, is grabbing African representatives from across the country and building a powerful constituency base for this year’s elections and beyond. 

Founded in Washington, DC by a handful of inspired Africans who were born or raised in America, African Diaspora for Obama is raising awareness on Senator Barack Obama’s candidacy within the African communities and creating a coalition among various African groups who represent the common concerns and needs of the African Diaspora in the United States.

Networking websites such as Facebook and YouTube are loaded with clips from African groups, as evidenced on African Diaspora for Obama’s Facebook page.

So what does this mean for Barack Obama? Well, a lot. Like so many others, the African Diaspora has placed their faith in a man who is promising change … for all. It means moving the continent of Africa from the shadows of political darkness to a light of opportunity. It means indispensable perspective on diverse African issues. It means appreciating the many countries of Africa for their international contributions – past, present & future. It means recognizing the legitimacy of the African constituency in the United States. It means change. Positive change.

Sure, it’s a tall order to fill but it looks like the African Diaspora is ready to lend a helping hand in the name of change.

For more information on African Diaspora for Obama, please e-mail Semhar Araia at [email protected] or visit AfricanDiasporaforObama.com

African Artistes Pay Tribute to James Brown: Say It Loud I’m Black and I’m Proud

By
Nelima Kerre - Mshale Staff Writer
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African Artistes Pay Tribute to James Brown: Say It Loud I’m Black and I’m Proud

What do you expect from an ensemble of legendary musicians paying
tribute to a legend? You expect a performance that will keep you on
your feet all night with your hands in the air as you raise the roof.
Such was the night granted to patrons at the Dakota Jazz Bar and
Restaurant when saxophonist Pee Wee Ellis, horn player Fred Wesley Jr.,
singer/guitarist Cheikh Lo, singer/guitarist Vieux Farka Toure, singer
Martha High, percussionist Pappa Assane M’baye and singer Fred Ross put
their incredible talents together to present Still Black, Still Proud: The African Tribute to James Brown.

After the opening song ‘Soul Pride’ it was obvious that the seating arrangement, which is usually perfect for the establishment’s jazz concerts was a little restrictive for some who wanted to jam to the funky soul sound from the band. Nonetheless some got up to dance while others tapped their feet and others clapped their hands. Vieux Farka Toure, son of legendary Malian musician Ali Farka Toure, headlined the second song ‘Octane Road’ electrifying the crowd as he strummed the chords of his guitar. The end of the song elicited a standing ovation and it was a 70s’ party from then on; all that was missing was flashing strobe lights and funky hairdos.

Song by song the group enchanted the audience. The older crowd relived the seventies while the younger audience was introduced to the roots of funk They swayed to Martha High’s soulful voice as she sang ‘Try Me’ and eagerly engaged her in a call and response echoing “ta-ti-ta-ta” when she performed “Payback”. They clapped along when Senegalese sensation, Cheikh Lo together with M’baye did an African drum set and watched in awe when Lo, a slender dreadlocked man, sounded just like Brown as he sang ‘This is a man’s world’ in English and his native tongue Wolof.

Throughout the night, former director of Brown, Pee Wee Ellis, gave a few insights on the life of Brown as he reminisced on the times they had. “In public I was to call him Mr. Brown, only in private could I say James and get a response,” he joked. Ellis, who was very gracious and generous with his compliments of his mates, was perhaps the favorite of the show.  He seemed to easily hold and blow into his saxophone, only to release sweet, complex melodies and elicit a wild response from the audience. So intense was his performance that he kept standing and sitting on his chair.

Pee Wee Ellis chose to do an African tribute to the King of Funk, because of all the tributes to the renowned “King of Funk”, none puts the connection between Brown and Africa. While James Brown is widely regarded as an American and European icon, few know of his ties to the continent. In the 60s and 70s he performed to many packed stadiums in Africa; most notable of these was a concert in Zaire right before the Muhammad Ali – George Foreman “Rumble in the Jungle”. As much as the music of the continent influenced his style, he inspired many African artists. One such artist is the king of ‘Afro Beat’, Fela Kuti, who repeatedly cited the “Godfather of Soul” as a major influence in his music.

So how did the black patrons at the Dakota respond to an ensemble of legendary African and African American musicians honoring James Brown? In his likeness they echoed ‘Say It Loud, I’m Black and I’m Proud.’

Book Review: “The Translator: A Tribesman’s Memoir of Darfur”

By
dorcas komo
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Book Review: “The Translator: A Tribesman’s Memoir of Darfur”

If God must break your leg He will at least teach you to limp…
In his opening line of the “The Translator: A Tribesman’s Memoir of
Darfur”, Daoud Hari least prepares the reader for the tragic events and
resulting heartbreak. The book chronicles Hari’s life as a translator
for journalists and genocide investigators in the western Sudan region
of Darfur and the refugee camps of Chad. His experience is unbelievably
true as he comes close to death several times.

Before the war, Hari, his friends and family led a simple, but normal life. He remembers racing his favorite camel in the desert and wrestling other village youngsters under the moon after completing his chores. During wedding feasts that lasted for nights Hari fondly remembers women in his village wearing bright colors for the joyous occasions that weddings were. However, this peaceful existence was shattered by the war forcing these very women to wear drab brown clothes that blended with the desert colors for safety.

In 2003, the long festering enmity between government forces and civilians in Darfur became full range genocide. Government backed Janjaweed militia invaded and burnt Hari’s village to the ground. Many people die in this conflict; young girls and women are raped. It is reported that between 200,000 and 400,000 people have been killed, another two and a half million have been displaced. Hari barely escapes. Unsafe from the rebels and his government, he begins to make his way out of the country:

It says everything about this land to know that even the mountains are not to be trusted, and that the crunching sound under your camel’s hooves is usually human bones, hidden and revealed as the wind pleases.

In a harrowing tale, he describes his escape from the hands of rebels, and how he lead other survivors to the safety of refugee camps in Chad.  Using his knowledge of Arabic, English and Zaghawa, his mother tongue, Hari wages a peaceful war against his tyrants.

Hari is no stranger to death. He relives his brush with death recalling an attack on his village, where people were blown to pieces, by government forces when he was only thirteen. The book is sprinkled with witty reflections over life, living and death.

Telling his people’s story becomes his sole purpose living. He becomes a wanted man for speaking the truth. Despite this, Hari  helps journalists into Darfur and Chad refugee camps several times.

In 2006, Hari was guiding two-time Pulitzer winner Paul Salopek, who was reporting on the conflict in The Chad for the National Geographic, when together with their driver they captured by government forces. For months they were held captive with little food and water: during this time they were interrogated and tortured. Their captivity ends when mounting pressure from the international community forces their captors to release them.

Reading Hari’s story is like having a conversation with an old friend who has been away on a long trip. He savors the tiniest of moments; like lying down on his own mattress or drinking a strong cup of tea. Throughout the book, he constantly uses the pronoun “you” when addressing the reader, making the conversation with his readers very personal. In these pages, Hari’s love for life shines through. He is constantly engaging the reader in thought by strategically posing questions on friendship, family and existence.

You have to find a way to laugh a little bit each day despite everything, or your heart will simply run out of the joy that makes it go.

Despite all the hardships Hari remains optimistic, challenging the reader to choose agency over passivity.

His sense of humor is a welcome relief under the grave circumstances and the tragedy that is Darfur. When an irate militant holds a gun to his temple but his commander spares Hari’s life, he recounts the joy of not being shot when he is suspected of being a spy. He reflects:

To not get killed is a very good thing. It makes you smile again and again, foolishly, helplessly, for several hours.

Hari acknowledges that he cannot tell every Darfuri story that needs telling, but breaking the shroud of silence in Darfur is one step closer to resolving the conflict. He lends his voice to those who cannot tell their stories, from the mother with three children to the father who watched his daughter get killed by the rebels.  Hari humanizes the Darfur conflict from a very personal perspective; something a news report could not possible do. He brings the message of suffering in Darfur to your doorstep, urging people to take action.

Hari joins the ranks of Immaculee Ilibagiza of “Left to Tell”  in telling the plight of people living under the threat of annihilation at the hands of their governments.

The Translator: A Tribesman’s Memoir of Darfur by Daoud Hari. Random House. An excerpt, guides and other resources are available at www.randomhouse.com. A copy of this book is available in audio book download, e-book, hardcover and trade paper back.

Book Review: The Kitchen Party

By
Gillian Onyango
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Tanzanian author Swallehe Msuya takes you to a quaint village,
Ugweno on the slopes of Mt. Kilimanjaro,  in the 1950’s where life was
simple and arranged marriages a glorious norm. The Kitchen Party, his first novel, is a simulation of many traditional East African communities.

The narrative revolves around the life of a religious girl named Mariam as she experiences her rite of passage from girlhood to womanhood. During this rite of passage, known as the “kitchen party” Mariam and other Ugweno girls in puberty are taught lessons in motherhood and are groomed to be “good” wives. The ceremony climaxes with a selection of a suitable groom for each girl in the ceremony.

Mariam draws readers in as she is the pride of her community and one cannot help, but fall in love with her. She exhibits everything a parent would want in a daughter, and is heavily sought after by the village’s unmarried men to the envy of other young women. Her glamourous wedding to the village’s most eligible bachelor is highly celebrated, much more than that of the chief’s daughter.

Her character, however, is a hyperbole; she’s too good to be true. She’s likened to an angel and perfect princess; everybody likes her even the animals:
Mariam is a pet to these animals and a true friend. She is loved by villagers, animals and even birds in the sky  One time a hyena that strayed into the village scared off children until Mariam showed up, and behold the hyena took to its heels to the nearest bush when Mariam was in the vicinity of the animal.  The animal that had become so scary to children became docile before Mariam. 

One cannot help but admire the utopian Ugweno’s deep sense of community. The members of Ugweno are like one big extended jubilant family who work together, celebrating every milestone in their lives in extravagant village parties. To demonstrate their illustrious nature, the author refers to them as ‘the black Chinese’.

Through Mariam, Msuya finds a platform to discuss the interaction between Islam and culture, perhaps in an attempt to dismiss the negative images portrayed by Islamic fundamentalists. The narrative on Islam is an eye opener for readers unfamiliar with its practices. With illustrations from the Qur’an, Msuya articulates with confidence and pride different texts giving an image of perfectionism in the religion. He credits Islam with the high standards of benevolence, industry and communal effort of the people of Ugweno.

In an attempt to defend what he regards as unfair criticism of Islam on gender discrimination, Msuya stirs even more controversy when he says:
Muslim scholars however argue that women have other respectable roles in life such as breast feeding and raising babies and men have not complained of discrimination.

Overall, the book is an easy and interesting read especially for people wanting to learn the politics, religion, history and culture of others. The highlights of the book: the kitchen party and subsequent wedding are intriguing for people curious to learn traditional rites of passage of this community will certainly learn something.

Kitchen Party By Swallehe Msuya. 101pages. Self-published. [email protected] 612 203 3524

 

Afrifest’s Pan-African Historical Exhibit: A fresh outlook on Africa’s past, present and future

By
abarry
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MINNEAPOLIS – Twin Cities residents got a rare glimpse of radical African history earlier this month when Afrifest hosted its Pan-African Historical Exhibit at the Powderhorn Park Recreational Center.

The architect of the exhibition was Dr. Joseph Mbele, a Tanzanian Professor of English at St. Olaf College in Northfield, Minnesota. From ancient Egypt’s famed civilization to the murkier Great Zimbabwe, from the anti-colonialist movements to the origins of traffic lights, viewers were reminded of Africa’s contributions to global history and culture.

“Ignorance about Africa afflicts Africans and non-Africans alike,” said Mbele.

“How many people know that Matthew Henson, a black man, reached the North Pole before Robert Peary, the famous explorer? How many people know that Garrett A. Morgan, again a black man, invented the traffic light?”

“I had no idea about that; we see and use traffic lights every day  I’ll think about that every time I stop at one from now on,” said Abdi Guled, 18, of Minneapolis.

According to Mbele, the need for Africans to take pride in their history is essential but reaching that goal requires removing the myths surrounding our history.

“I doubt many Africans have a clear idea of their cultural identity today,” said Biniyam Zenaw, 32, of St Paul.

The Pan-African exhibition moved beyond mapping out overlooked achievements, it pondered a way out of the trappings of simplistic pessimism. Continuing political strife, hunger and disease continue to dominate the discourse on Africa and this might be the greatest hurdle to the reassertion, not only of our history, but also of our humanity.

If as Mbele says, ignorance about Africa affects the global village then it is on this scale that Africans must proclaim the complexity of their history. Afrifest’s Pan-African History Exhibition was a small step in the right direction.

Attorney General to Review Requirements for Ineffective Assistance of Counsel Claims

By
Igbanugo Partners International Law Firm
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0

The U.S. Attorney General Michael B. Mukasey (AG) recently issued notice that he will review three Board of Immigration Appeals (Board) cases from last spring on the issue of right to effective counsel before an immigration judge (IJ) or the Board. The Board decisions in the unpublished matters, Matter of J-E-C-M-, Matter of Bangaly, and Matter of Compean, are all stayed pending the AG’s review.


Although there is no Sixth Amendment right to counsel in removal/deportation proceedings, courts recognize that ineffective assistance of counsel in such proceedings is a denial of due process if the proceeding was so fundamentally unfair that the foreign national was prevented from reasonably presenting his case. Therefore, a foreign national may be granted a new hearing if he shows that his prior counsel’s performance was so ineffective that it prejudiced his case and deprived him of his due process rights to a fair hearing.


Twenty years ago, in Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), the Board of Immigration Appeals laid out threshold requirements that an aggrieved party must meet to support an ineffective assistance of counsel claim. In particular, the respondent must (1) submit an affidavit setting forth in detail the agreement entered into with counsel regarding the person’s representation; (2) present evidence that counsel was informed of the allegations of ineffective assistance and given an opportunity to respond; and (3) either show that a complaint against counsel was filed with the proper disciplinary authorities or explain why no such complaint was filed.


In that case, the immigration judge found Lozada removable and ordered him deported to the Dominican Republic. Lozada filed a timely Notice of Appeal and indicated that he would file a separate written brief or statement in support of his appeal. His attorney, however, never filed the brief. Over a year later, the Board dismissed the appeal, noting that Lozada failed to explain the immigration judge’s errors in any meaningful way. Through new counsel, Lozada then filed a motion to reopen his removal proceedings with the Board, alleging that his prior counsel’s failure to submit a written brief or statement explaining the basis for appeal constituted ineffective assistance of counsel. The Board denied the motion, noting that it did not meet the threshold requirement and that no prejudice was shown to have resulted from prior counsel’s failure to file a brief. The Board found that Lozada received a full and fair hearing and was given every opportunity to present his case.


The Board continues to use the Lozada standards to screen out frivolous ineffective assistance of counsel claims and generally will not consider the merits unless the motion first meets the threshold requirements. Furthermore, aggrieved parties must usually exhaust their administrative remedies by first filing a motion to reopen with the Board before seeking appellate court review of an ineffective assistance of counsel claim. The appellate courts also expect the aggrieved parties to follow the Lozada guidelines. As a result, while there is a substantial number of ineffective assistance of counsel claims for the Board and appellate courts to review, they are not frequently granted.


In choosing to review whether a foreign national has a right to effective counsel in removal proceedings, the AG has requested that the parties in the three Board cases brief the following issues:


1. Is there a constitutional right to effective assistance of counsel in proceedings before an immigration judge or the Board of Immigration Appeals?


2. If there is no constitutional right to effective assistance of counsel in proceedings before an immigration judge or the Board,


(i) is there a basis for the Attorney General to grant relief under the Immigration and Nationality Act or as a matter of administrative discretion in response to assertions by an alien that his or her counsel’s performance was deficient; and


(ii) if so, in what circumstances (e.g., on issues of removability, discretionary relief) should the Attorney General make such relief available?


3. If relief based on counsel’s deficient performance may be granted under the Constitution or statute or as a matter of administrative discretion, what showing of prejudice must be made by an alien to obtain such relief?


4. Should the Attorney General modify the Lozada requirements to require that the alien:
(i) attach to his or her motion to reopen a copy of both the letter sent by the alien informing counsel of the allegations of deficient performance and counsel’s response (or an affidavit stating that no response was received);


(ii) attach to his or her motion to reopen a copy of a complaint filed with the appropriate disciplinary authorities, such as the state bar, with respect to any violation of counsel’s ethical or legal responsibilities along with an acknowledgment of receipt by the disciplinary board (or an affidavit adequately explaining why no such filing was made);


(iii) attach to his or her motion to reopen an affidavit demonstrating that he or she exercised due diligence in discovering and seeking to remedy the alleged deficient performance; and/or


(iv) attach to his or her motion to reopen an affidavit describing precisely what counsel’s failings were, submit any necessary evidence in admissible form to the Board (or immigration judge, if applicable), and explain how the alien suffered prejudice resulting from his or her counsel’s alleged deficient performance.


The parties’ briefs and amici briefs must be filed and postmarked by September 15, 2008 to be considered by the AG. Unless the AG issues a decision stating differently, aggrieved parties are expected to follow the current Lozada guidelines when bringing an ineffective assistance of counsel claim before the Board.


Nothing in this article should be taken as legal advice for an individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an attorney experienced in immigration law.

Adopting Ethiopian Orphans May Not be the Best Solution

By
Shane21Bauer
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0

Addis Ababa, Ethiopia – On the outskirts of Addis Ababa a newly built orphanage called Rohobet is hidden among tin-roofed shacks on top of a eucalyptus and pine-covered hill. All around it, dirt roads are turned into muddy rivulets in the midday drizzle.

The inside of the largely empty house has features that are distinctly un-Ethiopian. A large kitchen table and chairs — the eight children are to eat at a table rather than on the floor. Babies are fed by bottles and sleep in cribs, rather than the large pieces of cloths shaped into tiny hammocks that are the norm in most Ethiopian homes. When they travel, the smallest children sit in car seats. After leaving their home state of Oromo and coming to the orphanage, the children are being prepared for life in the United States.

In the four months that the Rohobet orphanage has existed, it has had five children adopted through the Minnesota-based agency, Better Future Adoption. The director of Rohobet is a man I’ll call Tewodros since he asked not to be named for fear of reprisal from the government or the American adoption agency that funds his orphanage.

He had the personality of a non-profit entrepreneur, with a big heart and a mind for expanding his business. His mission was clear: raise more money and have more children adopted.  We have enough orphans, just not enough money,  he said.

He also has enough of a demand. For his line of work, business is virtually booming. In recent years, Americans have become increasingly interested in adopting children from Ethiopia, a dynamic that a New York Times article last year attributed to the fact that orphanages in Ethiopia are run by foreign agencies and that the country has a relatively efficient and hassle free adoption process. According to Tewodros every week, American families land in Addis Ababa to pick up their new children, usually leaving in less than seven days.

While American adoption of Ethiopians is climbing, international adoption by Americans is declining overall. In 2004, Americans adopted 22,884 children from other countries. In 2007 the number was 19,400. The number of children sent out of Ethiopia to the United States in that same period has more than quadrupled, rising from 289 in 2004 —the year before Angelina Jolie’s famed adoption of an Ethiopian girl— to 1,255 in 2007. This makes Ethiopia the fourth most popular country for Americans to adopt from after China, Guatemala, and Russia, respectively.

But is adoption actually the best strategy for improving the lives of the orphaned children?

Most of Ethiopia’s estimated one million orphans have extended family members who, if they only had the money, Tewodros said, would care for the child. Here’s where the idea of adoption as a last resort gets tricky: It costs $20 per month to support a child with a foster family in Ethiopia. More often than not, the foster family is one of the child’s relatives. An American parent adopting a child through Better Future Adoption will spend between $14,170 – $18,170 in fees and travel costs, according to the Web site.

 To solve the problem of orphaned children, we need solve the problem of HIV,  said Teshager Shiferan, director of the Dawn of Hope Ethiopia Association. His organization is an association of people living with HIV/AIDS, the main cause of orphaned children in Ethiopia. Of the country’s one million orphans, 700,000 have lost their parents to the disease.

 We can’t solve the problem of orphaned children in Ethiopia by sending them abroad,  Shiferan said.  We need to focus on the prevention of HIV/AIDS.  Ethiopia, he said, is headed in the right direction. Three years ago, the government began offering free anti-retroviral treatment (ART) to 150,000 HIV/AIDS victims. That is still a small fraction of the estimated 1.2 million people living with HIV/AIDS, but it is already showing results: according to him, the number of people dying from HIV/AIDS in Ethiopia has been declining.

 The implication is clear,  he said.  An orphan is someone whose parents died. If you increase the number of people who get ART, you decrease the number of orphans.

Dealing with HIV/AIDS might be a long-term solution to curbing the problem of orphaned children, but people like Tewodros are invested in dealing with the immediate problem of kids without parents.

As of late, he’s been coming up against the government, which has recently been increasing restrictions and implementing policies that would keep children in the country. For a child to be approved for adoptions, new stipulations require documented confirmation of the death of both parents or the serious illness of the single living parent.

Tewodros said the reason for the policy change is to crack down on child trafficking, but for him, it just creates headaches. Three of the children at his orphanage are waiting to be adopted, but the government has been refusing to approve it, because the children’s father is still alive.  We go to the ministry again and again and the government won’t give us permission. Their father is a poor man and he can’t take care of them,  he said.

Tewodros admits that adoption isn’t always the best strategy, but like non-profits the world over, he is restricted by funding. The money is in adoption, not in keeping children in their country with their families.

Doing the math, it would cost roughly $5000 to fund the care of 20 orphans by their extended family. While that amount is 26 times the average yearly income of an Ethiopian, it’s about a quarter to a third of the amount an American would pay to adopt a single child from the Rohobet orphanage.

Investment Opportunities in South Africa for Minnesotans

By
joshchicago5145
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0
Investment Opportunities in South Africa for Minnesotans

Minneapolis, MN – “South Africa is open for business,” has been the continued message from the South African government.

Last month a South African delegation made presentations to potential investors at a South African business opportunity seminar.

Iqbal Sharma, the deputy director general of the Department of Trade and Investment, who led the delegation said, “South Africa presents a very strong case for investing in Africa. With the current global slowdown, one needs to find pockets where they can make money. The emerging markets are these pockets.

An open market and a market conducive for foreigners, Sharma pointed out that it made sense to invest in the southern African nation.

Accompanying Mr. Sharma were both business leaders and government officials from different regions of the country. Representatives from four industrial development zones spoke about their respective regions. Represented were the Richard Bay IDZ by Dr. Syd Kelly, East London IDZ by Simphiwe Kondlo, Mpumalanga Economic Growth Agency by Sadiq Jaffer and Gauteng Economic Development Agency by Sindi Moloto.

Bill Blazer of the Minnesota Chamber of Commerce, Alvin-O-Williams of the Midwest Minority Supplier Development Council and Richard Kelly of the Intsimbi Project spoke about the importance of trade with Minnesota and the reasons why South African businesses should consider partnering with Minnesota firms.

Opportunities between Minnesota and South Africa

The technologies used in South Africa will provide great opportunity for Minnesota to create a biomass/coal facility in Southwest Minnesota. South Africa has the only commercially viable coal sequestration and carbon capture storage (CCS) technologies. Brad Gniffke, an entrepreneur from Redwood Falls spoke on the need to address the current over reliance of oil in the US economy.

While most of the world’s oil deposits are located outside the United States, the country has the largest deposits of natural coal with 27% of the world’s supply. By seeking a cleaner and smarter way to produce coal, Minnesota would be able to provide a feasible long term solution to tackling the growing problem of energy both within the state and across the whole nation.

The Minnesota State Legislature aims to tackle the energy problem by having 25% of its energy come from alternative fuels by the year 2025. As a way to solve this, Mr. Gniffke proposed a bold new initiative that combines biomass with coal production.

Biomass is the by product once all the grain has been harvested. This process has less of an impact on the world food production compared to ethanol production.

By partnering with South African firms, Minnesota will be able to meet its 25/25 goal and also provide a viable solution to the nation’s energy problem.

South Africa’s partnership with Minnesota

There has been a steady flow of activity between Minnesota and the South African Consulate since the beginning of 2006. This interaction resulted in a number of seminars conducted in collaboration with the Minnesota Trade Office (DEED). Other events included South Africa’s participation in the Pan African Trade and Investment Summit held in Minnesota as well as a flagship technical skills development project between Hennepin Technical College and the South African National Tooling Initiative. These activities culminated in the launch of the SA-Minnesota Business Council resulting in the trade mission by Sharma.

The mission to Minnesota has three core objectives. The first objective is to share with Minnesotan manufacturing companies opportunities for expanding their businesses in South Africa and to demonstrate to them how they can access the growing Southern African market. Companies like Ecolab, Valspar, Medtronic, Donaldson, The Carlson Group, 3M, Cargill, ADC Telecommunications and others have for years been doing a successful trade in the SA market. These companies benefit from South Africa’s sophisticated infrastructure, sound business environment and prominence on the African continent. The South African Federal government and the State governments have a range of incentives and finance vehicles available to manufacturers. Local entrepreneurs are keen to forge partnerships to tackle the lucrative tenders and projects that are available as infrastructure projects get underway. At the recent G8 summit, member states pledged to increase spending on energy resources by US$44 billion, the bulk of which will be spent in Africa. South Africa provides a natural platform for international companies to take advantage of this enormous opportunity.

The second objective is to discuss a number of the projects that the regional Investment promotion agencies opened up for international participation. Some of these projects need infusions of capital others need experienced technology partners and technical know- how. The South African Government believes that Minnesota has the business resources and technical know-how to help turn these initiatives into successful business ventures. A consortium consisting of Hennepin Technical College, National Institute of Metalworking Skills (NIMS) and Hired are currently working on a partnership with the South African National Tooling Initiative to close the skills gap that exists in the manufacturing sector.

The third objective is to familiarize South African businesses with the Midwest. As South African businesses are growing they too are looking for areas to invest. SA Breweries recently acquired Coors, and a South African mining house has recently acquired a mine in Colorado. PetroSA, one of our largest homegrown petroleum companies, is looking for a project management and engineering partner for a US$10 billion refinery project in SA. Sasol, who owns the coal to liquids (CTL) technology, is exploring partnerships for plants in the US. Long seen as a flyover state, Minnesota has become very prominent in the minds of SA businesses.

About South Africa

Southern Africa is not a traditional trading location for most US companies although it is one of the best intermediate sized markets accessible to American firms. South Africa’s real GDP is US$280 billion, a number that doubles when expressed as the Purchasing Power Parity GDP measurement. South Africa has a stable democracy, well managed economy, an educated workforce, and a highly developed infrastructure. English is the language of business and popular entertainment.

South Africa and most neighboring countries have good transparency ratings and legal and administrative establishments similar to the USA. These factors allow international businesspeople to transact with a minimum of cultural and administrative adjustments. South Africa has in recent years has encountered some of the fastest growth it has ever seen. Business and consumer confidence as well as the stock market performed at record highs in the recent past.

The event was organized by the Department of Trade and Industry, South African-Minnesota Business Council, International Marketing Council, and the South African Consulate in Chicago.

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