Buenos Aires and Nairobi: Different cultures, similar challenges

South America and Africa have a lot in common. Both continents suffer from a sort of unrealized development in spite of having tremendous potential, riches, and virtues.

There is also an equal amount of ignorance between the peoples of these two generous, mostly undamaged, and rich regions.

Many factors have hindered the development of South America and Africa. Both continents have suffered from defective policies, bad politics and lack of leadership. However, it goes deeper than that.

I firmly believe that at the core of sustainable development is the rule of law. Our comfortable, easy-going and happy-go-lucky attitude towards the rule of law has prevented our nations from moving ahead.

Resolving problems is like disinfecting wounds — it is always painful. We fear pain, political and democratic pain, and in the end, we really do not want to resolve our problems.

GAME WITHOUT RULES

When I was a child, the worse game, and the one that always ended up in fights, sometimes violent fights, was the game without rules. It all started as a joke, just to enjoy, without rules, and it predictably ended up in fights, and broken friendships.

The same happens to nations. A nation that is not serious about rules eventually becomes a man-eats-man society. And one of the most striking similarities between South America and Africa is the forever lingering lack of respect for the rule of law, and for laws in general.

We hurry to pass laws to settle difficult situations, impose high penalties, make bold political threats and strong judicial statements… and at the same time we disregard those same laws without the blinking of an eyelid; and nobody goes to jail.

Argentina, in South America, is a land of promises and a land of contradiction. In the early 20th century, it was ranked as the seventh richest country in the world, side by side with Canada.

In those early days, it was also compared to the United States in terms of potential and wealth. Alas, although it continues to be a land of promises, Argentina has not lived up to those expectations.

CULTURAL PROBLEM

Prof Santi Legarre, a native of Argentina and a frequent visitor of Kenya, attributes these failures to what he describes as the Argentine’s joyful disregard for the rule of law; and when he visits Kenya he says he feels at home!

This legal problem is in reality part of a broader problem: a cultural problem that could aptly be summed up as “a certain disregard for the rules”, to borrow from the words used in order to describe the famous Harry Potter.

This broader, cultural problem is apparent, for instance, when it comes to constitutional reform and constitutional amendments. In 1994, an amendment to the Argentine constitution was decided due, almost exclusively, to the sheer will of one person to run for another term of office.

It was all at the antipodes of “a government of laws, and not of men”, to quote the Bill of Rights of the Constitution of Massachusetts of 1780.

The same problem of lack of respect for laws is also salient when it comes to respect for traffic lights. While in Kenya traffic lights are generally unreliable and an object of decoration, in Argentina they can even be more confusing: one might rely on them (which you would not do in Nairobi) only to be betrayed by the fact that half of the people will trespass the traffic light rule — which is even more dangerous!

DEFICIENT INSTITUTIONS

These cultural attitudes affect the rule of law. Argentina has consistently scored poorly in the Rule of Law Index, sponsored by the World Justice Project, an independent, non-profit organisation attempting to advance the rule of law worldwide.

One can trace a common thread without needing much further investigation: lack of respect for the rule of law pervades much of what is institutionally deficient in Argentina.

This has not helped when it comes to earning the trust of foreign investors, which is crucial right now, as the country, under a new administration, tries to come back from years of a regime where the economy was mainly driven by the suffocating initiative of the government.

The good news, however, is that Argentina has left behind the age of military dictatorships, and since 1983 it enjoys uninterrupted democracy.

And there is more: the country now has an open policy regarding foreign investment in line with its tradition of favouring immigration.

SOUTH-TO-SOUTH COOPERATION

Kenya could learn much from Argentina. The countries share, unfortunately, an under-appreciation of institutions. This promotes individualistic attitudes: it seems easier, both in Kenya and in Argentina, that to thrive one does not need to count on others, on the rest of the world.

As I depart from this beautiful and legendary Argentina, I realise the importance of fostering south-to-south cooperation, so that we may learn from each other how similar our challenges are, and find common solutions.

The proverb goes, “If you want to go fast, go alone; if you want to go far, go together.” Individualistic attitudes will not do the job in the long run.

Argentina and Kenya are very much together; they share a common task: to really thrive we need to do it together!

Dr Franceschi is the dean of Strathmore Law School. [email protected]; Twitter: @lgfranceschi