The emergence of advance-fee fraud in its present manifestation as an international phenomenon has puzzled security analysts and experts, especially with regard to its apparently organised nature. While there are various manifestations of the crime, the infamous variant is often associated with section 419 of the Nigerian Criminal Code. This article argues that the organised nature of the crime is incidental to the activities carried out by scammers and so should not attract the same level of attention as other organised criminal groups. The article concludes that although states should be responsible for the prevention and punishment of the perpetrators within their boundaries, there should be a coordination of efforts between the different states’ security apparatuses because of the loose arrangements between some of the criminal elements and the cross-boundary nature of the crime.

The public sector corruption and organised crime nexus: The case of the fertiliser subsidy programme in Malawi
Richard I C Tambulasi

The nexus between corruption and organised crime is under-established. This article argues, however, that there is a direct linkage between corruption and organised crime. By using the case study of a Malawi fertiliser subsidy programme the article shows that corruption not only gives rise to organised criminal groups, but also works as a lubricant for the effective operation and survival of organised criminal groups. The fertiliser subsidy programme implemented by Malawi in the 2005–2009 growing seasons has generally been heralded as a success as a result of the resultant abundant yields. Donor organisations that were initially not in support of the programme as it was in conflict with their neoliberal policy ideals subsequently began funding it. However, the programme was rocked by corruption which has given rise to organised criminal groups who have hijacked the whole process and either smuggled the subsidised fertiliser to other countries or took it for their personal use. The problem has been exacerbated by the international dimensions of the crime and the fact that traditional leaders, politicians and government officials have been key players in the process, thereby intensifying the corruption/organised crime nexus. This in turn has had a negative effect on the poor who were supposed to be the primary beneficiaries of the programme.

Prosecution politics: Recalibrating the role of prosecution within the anti-corruption agency agenda
S Chartey Quarcoo

Many African nations have promulgated anti-corruption agencies charged in part with prosecuting corrupt officials. Yet prosecution has spelled both peril and promise for these young institutions. This article contends that nations that place an imbalanced emphasis on the prosecutorial functions of their anti-corruption bodies risk undermining their efficacy. Comparing two such bodies – Nigeria’s Economic and Financial Crimes Commission (EFCC) and South Africa’s Directorate of Special Operations (DSO) – it argues that governments must elevate the profile of their non-prosecutorial preventive measures to offset the inevitable vulnerabilities that accompany prosecution. This article further argues that in the absence of an increased commitment to preventive measures, prosecution-focused strategies may place an undue burden on the most precarious component of a country’s anti-corruption campaign. It compares the legislative frameworks and challenges of the EFCC and DSO, and proposes a recalibration of the role of prosecution within the panoply of mechanisms countries have designed to combat corruption.

Tusks and trinkets: An overview of illicit ivory trafficking in Africa
Anita Gossmann

Massive ivory poaching in Africa during the 1970s and 1980s prompted a global ban on the ivory trade in 1989. Twenty years on from the ban, elephants are once again being poached at alarming rates for their tusks. This rise in poaching has coincided with a greater level of organisation and sophistication in the illegal trade in ivory and is associated with a growing demand for ivory in Asia, especially China. Beyond mere criminal enterprise, however, this mushrooming illegal trade is also aiding in funding conflict and instability on the continent. This article aims to broadly outline the most salient dimensions of the illegal ivory trade in Africa, from poaching for profit to that used to fund conflict, those involved, their methods and means.

Africa Watch

Madagascar’s political crisis:What options for the mediation process?
David Zounmenou

The SADC-led mediation in Madagascar has once again come to a standstill. Personal antagonisms have brought to a halt a process that has gone as far as defining and reaching an agreement on the framework of a transition, one that could pave the way for the country’s return to democratic order. As concerns are raised over the future of the political dialogue and the likelihood of political violence, it is critical that the mediation refocus to serve as an opportunity for reforms aimed at restoring political legitimacy. The way the Southern African Development Community approaches the situation on the island will enhance or undermine its credibility in addressing similar political crises in other parts of the region.

Gabon: Continuity in transition
Nadia Ahmadou

Following recent and rather dramatic political changes in the Republic of Gabon, all attention focused on this small oil-producing country in West Africa, with the expectation that violence would erupt, as happened in other countries of the region. Surprisingly, the political changes have not resulted in more than minor tensions. This piece broadly addresses the changes and maps out the possible future of the country in the short term.

Essays

Mass Atrocity Response Operations: An annotated planning framework
Michael C Pryce

The Mass Atrocity Response Operations (MARO) Project, a collaboration of Harvard University and the United States Army, focuses traditional military planning on the mission of genocide prevention. This article describes a generic planning framework designed for use by governments, regional peacekeeping organisations and non-govermental organisations to coordinate prevention and intervention efforts. To be effective, preventative diplomacy depends on the demonstrated capability and will to intervene if necessary. The MARO Project’s annotated planning framework and scenarios illustrate the entire planning process, from mission analysis through to selection of a course of action, as modified specifically for mass atrocity interventions. Emphasis is placed on fostering a broad-spectrum response through interagency cooperation by responding governments as well as international coalition building. The MARO planning framework facilitates this cooperation by providing a common vocabulary and procedures for evaluating an emerging crisis and identifying potential responses. This overview of the complex military planning process gives the civilian planner insight and introduces the anti-genocide community to a practical tool for turning rhetoric into considered action.

The impact of clawback clauses on human and peoples’ rights in Africa
Sandhiya Singh

The African Court on Human and Peoples’ Rights and the birth of the African Union are important developments in the history of Africa. For the first time there will be a continental judicial mechanism for the adjudication of human rights issues. However, the African human rights system has been dogged by political bias that has marred the development of a credible human rights regime on the continent. The difficulty may therefore lie in the manner in which the proposed court applies its discretion in relation to the doctrine of the margin of appreciation. As a subsidiary body that has a power of review over state action, the proposed court must tread warily when applying these principles. Lessons may be learnt from the well-established European Court of Human Rights, which has applied and developed the doctrine of margin of appreciation. Applying this knowledge in an African context is important, but it must take the particular circumstances of Africa into account.

Commentaries

Understanding the West African cyber crime process
Andrews Atta-Asamoah

Unsolicited mail from West Africa originated largely in Nigeria and is therefore often called the ‘Nigerian letter’. In recent times this phenomenon has assumed remarkable criminal dimensions and has a detrimental effect on the socio-economic development of the entire region. This type of cyber crime has evolved from the mailing of unsolicited letters to more sophisticated Internet-based criminal activity supported by document falsification, identity theft and money laundering. The realisation of the damaging effects of the crime has sparked debate in many theatres of national security, commerce and development in the region. In response, some countries in West Africa have started to implement initiatives aimed at curbing cyber crime. However, there is limited knowledge of the scamming process and the modus operandi of the scammers and therefore the phenomenon still flourishes and the number of reported victims across the world continues to rise. This article analyses the lifecycle of a typical West African cyber crime process to enhance an understanding of the modus operandi of the perpetrators. The conclusion reached is that despite the increasing sophistication of the crime, education of the masses, use of web-based snare programmes and international collaboration could help curb the phenomenon.

Human securitised reintegration of formerly abducted children in Northern Uganda
Grace Maina

At the end of every civil conflict the international community, through its agencies and other non-state actors, always provide aid to war-torn countries for reconstructing their communities. This in many cases involves rebuilding infrastructure and restoring the affected communities, which usually include disarmament, demobilisation and reintegration programmes. The objective of these programmes is to enable the returning ex-combatants to transform their lives from violence to a peaceful and civil community way of life. It has been the premise that if this transformation were to occur, then societies would become peaceful. There has been growing support for these programmes but there has been very little analysis of whether they are useful and effective in promoting peace. There has been minimal analysis on what successful programmes would entail for local populations and what the effect of that success would be. Though well intentioned, there is much work to be done to assess the utility and efficacy of reintegration initiatives in achieving the objective of ensuring that formerly abducted children attain a civilian lifestyle that is reasonably free from fear and want.

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