Africa Notes: Seeing Kony

Invisible Children is getting a lot of press for its new campaign: Kony 2012. They even have a slick movie (see below), which is something they are particularly good at.

Joseph Kony is clearly a bad guy and no one doubts this. The best piece to read on recent effort to go after Kony is a recent piece in Foreign Affairs by Schomerus et al.: “Obama takes on the LRA”. (h/t Blattman).

What I write about below is the debate about Invisible Children’s efforts and influence on US policy. But it might be worthwhile to note that another news item about the LRA seems to have been lost in the blogosphere. Reuters Africa reports that the “LRA launches new Congo attacks, may be “last gasp”.”

Is Invisible Children Doing a Good Thing Here?

There is an active debate out there about this. As one of my colleagues recently posted on facebook: “My development and academic friends think it’s the worst ever. Many other friends are urging us to watch.” That mirrors what I hear, perhaps amplified by the fact that the ex-boyfriend of a relative of a friend was one of the original filmmakers (and maybe still works with IC). A link in her comments to a Foreign Policy Blog piece by Joshuah Keating, summarizes the main critiques in its title: “Joseph Kony is not in Uganda (and other complicated things).” More generally, the criticisms focus on their tactics, on their knowledge, and on a fear of how the combination of these could lead to less-than-desirable outcomes.

Tactics
In fact, in the past a number of observers in the development and aid community have been critical of IC. For instance, over at Metblogs in 2007, they noted that people involved in an IC protest in DC lacked the most basic knowledge about Uganda and the LRA. Of course, that is actually pretty normal for campaigns of any stripe. Participants are rarely well-briefed. However, that does less to excuse their awkward “abduct yourself” campaign back in 2009. Chris Blattman, an expert on the conflict and on child soldiers in Africa, wrote:

There’s also something inherently misleading, naive, maybe even dangerous, about the idea of rescuing children or saving of Africa. It’s often not an accidental choice of words, even if it’s unwitting. It hints uncomfortably of the White Man’s Burden. Worse, sometimes it does more than hint. The savior attitude is pervasive in advocacy, and it inevitably shapes programming. Usually misconceived programming. The saving attitude pervades too many aid failures, not to mention military interventions. The list is long.

One consequence, whether it’s IC or Save Darfur, is a lot of dangerously ill-prepared young people embarking on missions to save the children of this or that war zone. At best it’s hubris and egocentric. More often, though, it leads to bad programs, misallocated resources, or ill-conceived military adventures. There’s lots of room for intelligent advocacy.

However, Blattman may be more optimistic about “intelligent advocacy” than I am. Not everyone in the US should be expected to know about Uganda and the LRA, but it could be, in this case, that a little information is better than none. (For even more information, see the recommended sources below the film clip.) Additionally, it is important to think about how we are defining the goals of the Kony 2012 campaign. If the goal is about keeping the public “aware” of the issue, then something is to be said about their tactics. My (somewhat limited) understanding is that there is a solid literature on “Why Millions Can Die and We Don’t Care” (links to Psychology Today). So while I get why it might seem like a bad idea to Mark Kersten to have “a five year-old white boy feature more prominently than any other northern Ugandan…” in the Kony 2012 film, I also get why they did it. And it definitely works at getting people’s attention.

Knowledge: The Situation is More Complicated…

On the recent Kony 2012 Campaign, Stephanie Carvin at Duck of Minerva had this to say:

To put it simply, the situation on the ground in Uganda is complex. Military humanitarian intervention has serious consequences. Ham-fistedly intervening in a conflict of which few have a nuanced understanding of the conditions on the ground, where local actors are already engaged in trying to bring about a peaceful resolution, is not going to help and may in fact serve to make a difficult situation worse. Buying a bracelet from an American run NGO will not change this.

I am increasingly getting the feeling that if this is the future of international politics and humanitarian intervention, there are high-definition troubled waters ahead.

Fear: How this can lead to worse outcomes

Mark Kersten, again:

In the end, ‘Kony 2012′ falls prey to the obfuscating, simplified and wildly erroneous narrative of a legitimate, terror-fighting, innocent partner of the West (the Government of Uganda) seeking to eliminate a band of lunatic, child-thieving, machine-gun wielding mystics (the LRA). The main beneficiary of this narrative is, once again, the Ugandan Government of Yoweri Museveni, whose legitimacy is bolstered and – if the ‘Kony 2012′ campaign is ‘successful’ – will receive more military funding and support from the US.

Final thoughts:

Invisible children have come a ways since 2007 and should be commended in their efforts to learn and communicate more effectively about Uganda. No one can argue that they haven’t tried, for instance, they have funded the LRA Crisis Tracker, something I stumbled upon via the more reputable ReliefWeb website. That said, I think Blattman and others are right that there are other experts to consult besides advocacy groups when deciding on what to do about Kony.

The Kony 2012 Movie:

Recommended sources on Uganda and the LRA:

GEP Course Notes: Climate Change Roundup

This week we are discussing the Montreal Protocol. And why are we discussing it? For the same reason so many others do: we want to know whether there are any lessons from that “success” that can help us resolve the problem of international cooperation on climate change.

So here are some recent posts from around the web on climate change.

  1. Scientific Uncertainty?

    • We often hear about how “industry” is out to debunk the anthropogenic theory of climate change. However, there is at least one industry that disagrees: the Insurance Industry.
      • “From our industry’s perspective, the footprints of climate change are around us and the trend of increasing damage to property and threat to lives is clear,” – Franklin Nutter, president of the Reinsurance Association of America.
    • Meanwhile, Sean Hecht at Legal Planet, has some thoughts about “Climate “skepticisim”, ideology, and sincerity. His take seems to be that the climate naysayers are ideological while those that agree with science are not.
    • However, Hecht is ignoring an important feature of science: it too may be considered an ideology. There is an interesting article over at Philosophy Now on“Is Science an Ideology?”:
      • “The overall conclusion seems to be that all forms of knowledge, including scientific knowledge, are ‘ideological’ in the sense that there is no neutral, objective body of knowledge that is not infected by the purpose-relative concepts of a group of inquirers. This is a meaning of ‘ideology’ that still retains some vestiges of the original Marxist meaning of ‘ideology’ as a mask and cover for vested interests.”
    • Indeed, it is interesting to me that many of those that embrace “science” when it comes to climate change are very quick to question “science” when it seems unable to say that genetically modified foods are dangerous. Just something to think about.
  1. The impacts of climate change.

Course Notes – IL: Universal Jurisdiction

We are also discussing universal jurisdiction this week, albeit briefly. At Erga Omnes there is an interesting post about Yemen’s amnesty law that is intended to grant President Saleh immunity for any crimes he may be complicit in. This issue underscores the tension between the objectives of peace and stability (giving a President a way out might enable an easier transition), versus justice. A separate issue is whether or not Yemen’s parliament’s grant of amnesty can have any real effect outside of Yemen.

Course Notes – IL: ATS and Corporate Persons

As I mentioned in class on Monday, the Supreme Court is hearing arguments this week on two cases Kiobel v. Royal Dutch Petroleum and Mohamad v. Palestinian Authority. These cases concern the Alien Tort Statute, an almost-forgotten law that allows foreigners who violate serious international legal rules and norms to be held accountable in the US.

Kiobel involves Shell’s complicity in the torture of Nigerian nationals. Mohamad involves complaints against the Palestinian Authority and the PLO for torture of Mohamad’s father, a naturalized American who was in the West Bank at the time.

Here are some of the big themes in the case:

1. Are corporations people?

As Peter Weiss (NY Times h/t my student, Micky Capper) notes, the Supreme Court is faced with an interesting dilemma. On the one hand, in Citizens United it granted corporations certain rights as corporate persons. On the other hand, the Second District Court has said–in essence–that corporations are not individual persons when it comes to the Alien Tort Statute. How will they reconcile these two positions? Will they?

2. The human rights angle.

Over at Erga Omnes, the human rights dimension of the case is front and center. Kiobel involves claims against Royal Dutch Shell for its role in the torture of activists in the Niger Delta (or at least helping the Nigerian government in this).

3. Comparative Foreign Law and the Risk of Political Tensions

Following the excerpts in John Bellinger’s post at Lawfare, it is clear that the issue of extraterritorial application of the ATS is of great interest to the justices. Kennedy seems concerned that the ATS is giving the US jurisdiction that no other country attempts to exercise. Alito is concerned about how this might exacerbate international tensions.

I think the petitioner’s attorney, Hoffman, makes a great – if perhaps not original – point when he states:

“I think one of the most important principles in this case is that international law, from the time of the Founders to today, uses domestic tribunals, domestic courts and domestic legislation, as the primary engines to enforce international law.”

Indeed, if international law is going to matter, it does rely on mechanisms such as the ATS.

The Obama Administration is in favor of corporate liability in these cases, reports Reuters.

For more on these cases, see: