Diplomacy, International Law & The Sustainable Development Goals (SDG’s): A Guide towards achieving the SDG’s.
ABSTRACT
The Sustainable Development Goals have been of key
importance to Africa and the entire globe. This is following the United Nations
Agenda 2030 for Sustainable Development and the African Union’s Agenda 2063
which together advocate for the attainment of the SDGs. However, the
achievement of the said goals has been hampered by a multiplicity of challenges
that include but are not limited to political instability and rampant
corruption, which lay the basis of my research. Political stability at the
national level backed by a significant decline in the levels of corruption are
the hallmarks of a conducive environment in which the SDGs may be
achieved. This paper therefore seeks to draw a nexus
between healthy and effective diplomatic relations coupled with collaboration
in the implementation of International Law as tools necessary for the
attainment of the Sustainable Development Goals. It argues that such attainment
is dependent on the effective application of International Law and the
engagement in productive diplomacy.
1.0.INTRODUCTION.
[1]Diplomacy, the art and science of maintaining peaceful
relationships between nations, groups, or individuals is crucial for the
Attainment of Sustainable Development Goals (SDGs) ⸺development that ensures
that the needs of the present generation are met without affecting the ability
of future generations to meet their own needs[2].
These needs range from social development to economic well-being and further
encompass environmental conservations: one would consider this a holistic
approach to development.[3]
Over the years, the realization
of the Sustainable Goals has risen to the top of the list of issues considered
urgent. This is owing to the deterioration in the environment and the drastic
increase in poverty rates especially in Africa, a country endowed with riches.
As it stands, only seventeen percent of the SDGs targets are on track to be
achieved with a whopping 50% + showing minimal or moderate progress, with a
significant amount of stalling and regression in progress.[4]
Africa is not left out in this prevalent predicament given the Africa Union’s
Agenda 2063, which is pari materia to the United Nations Agenda 2030 in setting
goals for achievement in economic, social, and environmental spheres.[5]
It
suffices to state that the achievement of the SDGs in the African Continent has
been marked by consistent irregularity with some regions showing better
performance than others do. [6]This
being the case, and given the urgency of the matter, the continent ought to
seek solutions to remedy the irregularity. This paper, in proffering said
solutions seeks to establish a relationship between diplomacy and international
law by viewing the interplay between the two disciplines as crucial for the
attainment of the Sustainable Development Goals. This paper therefore examines
the interplay between diplomacy and international law including Agreement
Establishing the African Continental Free Trade Area,[7]
it further establishes the connection between the two disciplines and the
attainment of the SDGs offers a diagnosis of the impediments to the said
achievement of the Sustainable Goals and finally concludes by proffering a
solution to said impediments.
1.2. The Interplay between Diplomacy and International Law.
International law on the other hand is defined as the set of rules generally
regarded and accepted
as binding in relation
between states and between nations[10].”
This denotes the idea that all states that undertake to ratify such
law are under
a concomitant duty to abide by its provisions. Therefore, if a country
subscribes to a piece of
international law such as the Protocol on the Establishment of the East African Community Common Market, then they are
obligated to follow and apply its provisions diligently. That being the case,
it is important to emphasize that diplomacy
as defined hereinabove is not
a
direct nemesis to International Law. On the contrary, both disciplines interact simultaneously to ensure that there is the attainment of a common objective pursued. Diplomacy provides ground for negotiation while international law provides a common set of laws distinct from the customary laws under which the different jurisdictions involved are governed. Together, the two help achieve harmony in thought and action and thus both diplomacy and international law are mutually constitutive.
1.3. Diplomacy and International Law vis-à-vis Achievement of the SDGs
The achievement of the Sustainable Development Goals as
envisioned by the United Nations is heavily
reliant on the aspects of diplomacy and international law. It is sufficient to
admit that the African continent is
privileged with all manner of mineral resources that ought to be used to alleviate the high levels of poverty and
hunger amongst other pertinent concerns. The progress however in attaining this economic liberation has been stifled
repeatedly owing to lack of proper diplomatic
negotiations within and outside the continent. This is evident in a report
published by the United Nations
giving provisions for inter alia that there was a need to “promote a universal, rules-based, open, non-discriminatory, and
equitable multilateral trading system under the World Trade Organization, including through the conclusion of negotiations under
its Doha Development Agenda[11]”
According to the report, the continent’s share of global exports in 2021 was
extremely low, at 2.5 percent
compared to 42.9 percent for Asia. The solution to the dilapidating economic levels would be in the adoption of the Agreement Establishing the African
Continental Free Trade
Area. To ensure the effective
adoption and implementation of the said agreement there arises the need for effective diplomatic works
within the continent both in mobilizing the countries to work together and also bolstering the relevance of international law ( read as the Agreement Establishing the African Continental Free
Trade Area) amongst contracting countries to foster the move to achieving
the common objective.
Continually, diplomacy in the field of peacekeeping and
advocacy aimed towards the attainment of
political stability is of utmost importance. One such case in point would be
the expected deployment of personnel
both military and non-military to peacekeeping missions within the country.
Most countries in the African
continent have shown retrogressive progress
with regard to the attainment of the SDGs primarily because
of a lack of peace
and political instability. A typical example would be the Democratic Republic
of Congo, known for its vast mineral resources
stretching from gold, coal, iron ore, monazite, diamonds, and bauxite.
The exploitation of these mineral
implements has been rendered impossible due to the country being in a state of
anarchy with armed rebels raining
chaos on the citizens and government and even going as far as capturing the mines for their control thus facilitating illegal
smuggling of resources which would otherwise
be useful to the country
and African continent at large. Such inconsistencies call for the application of diplomatic principles of negotiation to settle feuds between the state and rebel groups.
Through intervention from
other African States in the form of convening negotiations between the rivaling groups, it becomes possible to harness
the full potential of a peacefully coexisting country. To supplement these diplomatic actions,
international humanitarian law makes provisions to protect civilians
and diplomatic officials
in the line of duty by prohibiting attacks on civilians and civilian objects
by providing for punishment
of offenders who act on the contrary[12]
Additionally, diplomacy is of key importance to the promotion
of gender inequality. The modern African system
has made radical
changes in the appointments made to various
positions including but not limited
to diplomacy. One may then ask, how does this influence the SDGs? Or how is this
of benefit to the attainment of gender equality? Well, the answer is very
simple, the inclusion of both genders
especially women in such positions plays the role of fostering gender equality
both expressly and impliedly by
conduct. First, it has been generally agreed that one of the best ways of promoting gender
equality is by awarding women leadership positions
such as diplomatic posts. [13]The effect is a robust activity
of sensitization as those occupying
the seats understand the challenges facing
their female counterparts at a personal level and are therefore well equipped
to campaign for and encourage more
women to take up such posts. Policies have developed around this area in support of the cause. One
such policy is the Feminist Foreign
Policy adopted by the Swedish
government which puts gender equality at the center of a nation’s diplomacy,
defense, development, and trade.[14]
1.4. Impediments to the utilization of diplomatic channels in Africa
1.4.1. Rampant Corruption.
For a long time, Africans had been under the influence of the
Western World. Everything was controlled
by the so-called colonizer be it politics, economics, or even policy matters at
the grassroots level. Eventually, the
unwarranted visit was cut short by dint of gaining independence by most African Countries at different
times depending on the aggressiveness of the struggle and the willingness to comply from the
colonizer's end. The average African now had control of the resources and the wealth left behind was
all at his disposal warranting a greedy amassing of material wealth at the expense
of his fellow citizens. Freedom
was after all not freedom
at all going by its characteristics. This was the genesis of corruption.
According to an analysis of the 2023 Corruption Perceptions
Index (CPI), most African countries attained
an average score of 33 with 90
percent of the countries in Sub-Saharan Africa scoring below 50 percent. [15]This
is a clear indication of the deteriorating levels of integrity amongst the African folks. So how does this relate to
diplomacy? Just like any other discipline or profession, diplomacy requires passion, zeal, and most important
of all proper qualification. Contrary to this, diplomatic appointments are done on the highest bidder
basis. They are slowly turning
into conduits to give retired politicians something to
do thus turning the diplomatic service into a sandpit for experimentation rather than an effective tool of change.
An average diplomat
requires years of soft diplomacy skills, academic and
administrative training, and a thorough understanding of the country's cultural and diplomatic
infrastructure. [16]It therefore
suffices to say that
a measure of diligence is required in conducting such diplomatic appointments.
However, most African countries treat diplomatic positions as
trophies to be won by the most deserving people based on all other qualifications other than merit therefore precipitation unwarranted
suffering amongst citizens.[17] It is therefore not rare to find postings orchestrated to
suit political malcontents and political rejects who have lost elections. The effect thereof
is a staggering decrease in the efficiency of diplomatic performance, which reflects the failure of the continent in the overall
achievement of the SDGs.
1.4.2. Negative Western Influence
The African Continent has heavily lost control over
unfettered decision-making as pertains to matters
of development and policymaking. While some countries exercise their right to
refuse the said Western influence,
most of the remaining find themselves deeply entangled in the chains of bondage
due to exacerbated borrowing of loans that they are unable to pay. An analysis conducted
reveals that up to 20 low-income countries in the continent
are at risk of debt distress with African countries owing up to US $655.6 billion to external creditors
as of 2022 which is an equivalent of 22.5 % of their combined
GDP at the time. [18]A large number of these debts
advanced to African
states are conditional meaning that the debtors are obliged to perform
various duties as part of the terms of the loan as is common with loans by the International Monetary Fund.12 This has a major effect on diplomatic performance since a
policy change influenced by a conditional loan renders the indebted country unable to abide by or get into diplomatic
relations or agreements relating to adherence to inter alia ratified economic
protocols arising from economic restrictions from the said conditions. This in effect thwarts all diplomatic efforts
concerning the advancement of the
SDGs.
1.4.3. Insecurity
As alluded to in the previous section of this paper, one of
the prevalent challenges facing the application
of diplomacy in the struggle to achieve sustainable development goals is
increasing rates of insecurity
ranging from crime-infested slums to mutinies by rebel groups. As discussed, one such example is the ideal Democratic Republic of Congo. War and conflict stifle
the progress of diplomatic duties by creating an aggressive environment that makes diplomacy
ineffective. Most of these wars are unregulated and done
without due regard for the law (read
as both international and
customary) therefore creating a state of anarchy. Consequently, this makes it
impossible for the exercise
of diplomacy, as it requires
a meeting of minds.
1.5. Are there opportunities for African countries to use both diplomatic and legal mechanisms to address key development issues and meet the SDG targets?
Indeed, Africa is exposed to a vast range of
opportunities requiring the use of both spheres in addressing key development issues and possibly meeting the SDG
targets. Africa being young in relation
to when its states gained independence is a qualified candidate for growth and
change. It is home to a highly
intelligent and hardworking race of citizens who are more than motivated to embark
on a journey of self-realization.
First, Africa is endowed with an immeasurable amount of treasures and mineral resources
and thus has the upper hand over other continents
which heavily rely on it for raw materials. The export of raw materials has been the main cause
of poverty in this continent. Therefore, Africa should embrace
the opportunity by investing heavily
in the manufacture of commodities. This can only be done by the complete adoption of
international protocols such as the Establishment of the African Continental Free Trade Area to encourage the
production and consumption of locally produced commodities.
Secondly, the African
Continent can foster peace amongst
co-existing citizens through
well-structured diplomatic negotiations that ensure all members of the
citizenry have been catered to and
that no right is denied. By doing so, the African continent will enable the
cooperation between various countries
in development matters thus facilitating the attainment of the SDG targets.
Where there is unity, there is
growth.
Thirdly and lastly, Africa through diplomatic relations with
other continents may stimulate the technological advancement necessary for the growth of the economy e.g.; acquisition of high-end
production
machinery, acquisition of patents in the use of Artificial Intelligence, and
other forms of technological advancements
to catalyze the rate of
growth of the continent.
CONCLUSION
In the upshot, it suffices to conclude that a perfect blend
of merited diplomacy together with international
law that is well thought through and adopted across the board is ideal for
attaining Sustainable Development
Goals. All the members of the African continent share this burden in common and should therefore work towards
the realization of the same as a group owing to the old Swahili proverb ‘ Umoja ni Nguvu, utengano
ni udhaifu.’
[3] Fitzmaurice. M., ‘The Principle of Sustainable Development in International Development Law.’ International Sustainable Development Law., Vol 1
[4] United Nations General Assembly Economic and Social Council, “Progress Towards the Sustainable Development Goals: Report of the Secretary General,” SDG Progress Report (2024).
[5] African Union., ‘Agenda 2063: The Africa we Want.’ Available at https://au.int/sites/default/files/documents/33126-doc-framework_document_book.pdf (Accessed on 9/12/2024)
[6] United Nations General Assembly Economic and Social Council, “Progress Towards the Sustainable Development Goals: Report of the Secretary General,” SDG Progress Report (2024).
[7] Agreement Establishing the African Continental Free Trade Area, Preamble Para 4.
“HAVING REGARD to the aspirations of Agenda 2063 for a continental market with the free movement of persons, capital, goods, and services, which are crucial for deepening economic integration, and promoting agricultural development, food security, industrialization,
“HAVING REGARD to the aspirations of Agenda 2063 for a continental market with the free movement of persons, capital, goods, and services, which are crucial for deepening economic integration, and promoting agricultural development, food security, industrialization, and structural economic transformation;”
[9] Ibid
[10] David Clinton, ‘Diplomacy and International Law’, Oxford Research Encyclopedia of International Studies (2010)
[11]2023 Africa Sustainable Development Report: Accelerating recovery from the coronavirus disease (COVID-19) and the full implementation of the 2030 Agenda for Sustainable Development and African Union Agenda 2063 at all levels, [76] para 2.
[14] ‘Advancing Gender Equality in Foreign Policy’ (Council on Foreign Relations) <https://www.cfr.org/report/advancing-gender-equality-foreign-policy> accessed 20 May 2024.
<https://www.transparency.org/en/press/2023-corruption-perceptions-index-diverting-resources-from- publicservices-africa> accessed 20 May 2024.
[16] ‘Why Appointments to Kenya’s Diplomatic Service Require Radical Overhaul’ (Nation, 16 April 2024)
[18] ‘African Debt - ONE Data & Analysis’ <https://data.one.org/topics/african-debt/> accessed 20 May 2024. 12 Lauren Hackler, Frank Hefner and Mark D Witte, ‘The Effects of IMF Loan Condition Compliance on GDP
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