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Department of Justice Moves Forward on President’s Hiring Reform Initiative

The Department of Justice joined representatives from across the federal government to mark the progress made in modernizing the federal workforce hiring process over the past six months.



  • OPA Press Releases

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Six Japanese Freight Forwarding Companies Agree to Plead Guilty to Criminal Price-Fixing Charges

Six Japanese freight forwarders have agreed to plead guilty and to pay criminal fines totaling $46.8 million for their roles in a conspiracy to fix certain fees in connection with the provision of freight forwarding services for air cargo shipments from Japan to the United States.



  • OPA Press Releases

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Japanese Freight Forwarding Company Agrees to Plead Guilty to Criminal Price-Fixing Charge

A Japanese freight forwarder has agreed to plead guilty and to pay a $1.84 million criminal fine for its role in a conspiracy to fix certain fees in connection with the provision of freight forwarding services for air cargo shipments from Japan to the United States.



  • OPA Press Releases

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Justice Department Requires Changes to Verizon-Cable Company Transactions to Protect Consumers, Allows Procompetitive Spectrum Acquisitions to Go Forward

The Department of Justice announced today that it will require Verizon and four of the nation’s largest cable companies—Comcast, Time Warner Cable, Bright House Networks and Cox Communications—to make changes to a series of agreements concerning both the sale of bundled wireless and wireline services, and the formation of a technology research joint venture. The department said that, if left unaltered, the agreements would have harmed competition by diminishing the companies’ incentive to compete, resulting in higher prices and lower quality for consumers.



  • OPA Press Releases

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Japanese Freight Forwarder Agrees to Plead Guilty to Criminal Price-Fixing Charges

A Japanese freight forwarding company has agreed to plead guilty and to pay a $2.3 million criminal fine for its role in a conspiracy to fix certain fees in connection with the provision of freight forwarding services for air cargo shipments from Japan to the United States.



  • OPA Press Releases

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Two Japanese Freight Forwarding Companies Agree to Plead Guilty to Criminal Price-Fixing Charges

Two Japanese air freight forwarding companies have agreed to plead guilty and to pay criminal fines totaling $18.9 million for their roles in a conspiracy to fix certain fees in connection with the provision of air freight forwarding services for air cargo shipments from Japan to the United States.



  • OPA Press Releases

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Justice Department Requires ConAgra, Cargill, CHS, Horizon Milling to Divest Four Significant Flour Mills to Go Forward with Ardent Mills Joint Venture

The Department of Justice will require ConAgra Foods Inc., Cargill Inc., CHS Inc. and Horizon Milling LLC to divest four competitively significant flour mills in order to proceed with the formation of Ardent Mills, a flour milling joint venture.



  • OPA Press Releases

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‘APEC is at a crossroads; we must chart the way forward’

In scenic Puerto Varas, APEC delegates engaged in constructive dialogue about how to adopt to a changing world.




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Looking Forward/Looking Backward – Day 1 Notes from the JPMorgan Healthcare Conference

A large amount of wind, much discussion about the U.S healthcare, and the public getting soaked again – if you were thinking about Washington, DC and the new Congress, you’re 3,000 miles away from the action. This is the week of the annual JP Morgan Healthcare conference in San Francisco, with many thousands of healthcare...… Continue Reading




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With the prospect of empty stadiums, how will the NFL move forward?

The NFL is operating under the assumption that the season will be played as scheduled, but COVID-19 has created many challenges for the league.




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With the prospect of empty stadiums, how will the NFL move forward?

The NFL is operating under the assumption that the season will be played as scheduled, but COVID-19 has created many challenges for the league.




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Analysis: Iraqi Protesters Will Likely Push Forward Despite Violence

Since last October, Iraqis have staged peaceful anti-government protests throughout Baghdad and the southern provinces. These mass protest movements have drawn attention for their unifying nationalistic rhetoric, their irreverence for traditional societal and political figures, and for their strict adherence to peaceful means in the face of increasing brutality by the government’s forces and paramilitary groups.




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Schumacher satisfied with 'straightforward' day

Michael Schumacher confessed himself satisfied with his performance after outpacing team-mate Nico Rosberg for the first time this season




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Disability insurance: The Way Forward


Editor’s note: The remarks below were delivered to the Committee for a Responsible Federal Budget on release of their report on the SSDI Solutions Initiative

I want to thank Marc Goldwein for inviting me to join you for today’s event. We all owe thanks to Jim McCrery and Earl Pomeroy for devoting themselves to the SSDI Solutions Initiative, to the staff of CFRB who backed them up, and most of all to the scholars and practitioners who wrote the many papers that comprise this effort. This is the sort of practical, problem-solving enterprise that this town needs more of. So, to all involved in this effort, ‘hats off’ and ‘please, don’t stop now.’

The challenge of improving how public policy helps people with disabilities seemed urgent last year. Depletion of the Social Security Disability Insurance trust loomed. Fears of exploding DI benefit rolls were widespread and intense.

Congress has now taken steps that delay projected depletion until 2022. Meticulous work by Jeffrey Liebman suggests that Disability Insurance rolls have peaked and will start falling. The Technical Panel appointed by the Social Security Advisory Board, concurred in its 2015 report. With such ‘good’ news, it is all too easy to let attention drift to other seemingly more pressing items.

But trust fund depletion and growing beneficiary rolls are not the most important reasons why policymakers should be focusing on these programs.

The primary reason is that the design and administration of disability programs can be improved with benefit to taxpayers and to people with disabilities alike. And while 2022 seems a long time off, doing the research called for in the SSDI Solutions Initiative will take all of that time and more. So, it is time to get to work, not to relax.

Before going any further, I must make a disclaimer. I was invited to talk here as chair of the Social Security Advisory Board. Everything I am going to say from now on will reflect only my personal views, not those of the other members or staff of the SSAB except where the Board has spoken as a group. The same disclaimer applies to the trustees, officers, and other staff of the Brookings Institution. Blame me, not them.

Let me start with an analogy. We economists like indices. Years ago, the late Arthur Okun came up with an index to measure how much pain the economy was inflicting on people. It was a simple index, just the sum of inflation and the unemployment rate. Okun called it the ‘misery index.’

I suggest a ‘policy misery index’—a measure of the grief that a policy problem causes us. It is the sum of a problem’s importance and difficulty. Never mind that neither ‘importance’ nor ‘difficulty’ is quantifiable. Designing and administering interventions intended to improve the lives of people with disabilities has to be at or near the top of the policy misery index.

Those who have worked on disability know what I mean. Programs for people with disabilities are hugely important and miserably hard to design and administer well. That would be true even if legislators were writing afresh on a blank legislative sheet. That they must cope with a deeply entrenched program about which analysts disagree and on which many people depend makes the problems many times more challenging.

I’m going to run through some of the reasons why designing and administering benefits for people determined to be disabled is so difficult. Some may be obvious, even banal, to the highly informed group here today. And you will doubtless think of reasons I omit.

First, the concept of disability, in the sense of a diminished capacity to work, has no clear meaning, the SSA definition of disability notwithstanding. We can define impairments. Some are so severe that work or, indeed, any other form of self-support seems impossible. But even among those with severe impairments, some people work for pay, and some don’t.

That doesn’t mean that if someone with a given impairment works, everyone with that same impairment could work if they tried hard enough. It means that physical or mental impairments incompletely identify those for whom work is not a reasonable expectation. The possibility of work depends on the availability of jobs, of services to support work effort, and of a host of personal characteristics, including functional capacities, intelligence, and grit.

That is not how the current disability determination process works. It considers the availability of jobs in the national, not the local, economy. It ignores the availability of work supports or accommodations by potential employers.

Whatever eligibility criteria one may establish for benefits, some people who really can’t work, or can’t earn enough to support themselves, will be denied benefits. And some will be awarded benefits who could work.

Good program design helps keep those numbers down. Good administration helps at least as much as, and maybe more than, program design. But there is no way to reduce the number of improper awards and improper denials to zero.

Second, the causes of disability are many and varied. Again, this observation is obvious, almost banal. Genetic inheritance, accidents and injuries, wear and tear from hard physical labor, and normal aging all create different needs for assistance.

These facts mean that people deemed unable to work have different needs. They constitute distinct interest groups, each seeking support, but not necessarily of the same kind. These groups sometimes compete with each other for always-limited resources. And that competition means that the politics of disability benefits are, shall we say, interesting.

Third, the design of programs to help people deemed unable to work is important and difficult. Moral hazard is endemic. Providing needed support and services is an act of compassion and decency. The goal is to provide such support and services while preserving incentives to work and to controlling costs borne by taxpayers.

But preserving work incentives is only part of the challenge. The capacity to work is continuous, not binary. Training and a wide and diverse range of services can help people perform activities of daily living and work.

Because resources are scarce, policy makers and administrators have to sort out who should get those services. Should it be those who are neediest? Those who are most likely to recover full capacities? Triage is inescapable. It is technically difficult. And it is always ethically fraught.

Designing disability benefit programs is hard. But administering them well is just as important and at least as difficult.

These statements may also be obvious to those who here today. But recent legislation and administrative appropriations raise doubts about whether they are obvious to or accepted by some members of Congress.

Let’s start with program design. We can all agree, I think, that incentives matter. If benefits ceased at the first dollar earned, few who come on the rolls would ever try to work.

So, Congress, for many years, has allowed beneficiaries to earn any amount for a brief period and small amounts indefinitely without losing eligibility. Under current law, there is a benefit cliff. If—after a trial work period—beneficiaries earn even $1 more than what is called substantial gainful activity, $1,130 in 2016, their benefit checks stop. They retain eligibility for health coverage for a while even after they leave the rolls. And for an extended period they may regain cash and health benefits without delay if their earnings decline.

Members of Congress have long been interested in whether a more gradual phase-out of benefits as earnings rise might encourage work. Various aspects of the current Disability Insurance program reflect Congress’s desire to encourage work.

The so-called Benefit Offset National Demonstration—or BOND—was designed to test the impact on labor supply by DI beneficiaries of one formula—replacing the “cliff” with a gradual reduction in benefits: $1 of benefit last for each $2 of earnings above the Substantial Gainful Activity level.

Alas, there were problems with that demonstration. It tested only one offset scenario – one starting point and one rate. So, there could be no way of knowing whether a 2-for-1 offset was the best way to encourage work.

And then there was the uncomfortable fact that, at the time of the last evaluation, out of 79,440 study participants only 21 experienced the offset. So there was no way of telling much of anything, other than that few people had worked enough to experience the offset.

Nor was the cause of non-response obvious. It is not clear how many demonstration participants even understood what was on offer.

Unsurprisingly, members of Congress interested in promoting work among DI recipients asked SSA to revisit the issue. The 2015 DI legislation mandates a new demonstration, christened the Promoting Opportunity Demonstration, or POD. POD uses the same 2 for 1 offset rate that BOND did, but the offset starts at an earnings level at or below earnings of $810 a month in 2016—which is well below the earnings at which the BOND phase-out began.

Unfortunately, as Kathleen Romig has pointed out in an excellent paper for the Center on Budget and Policy Priorities, this demonstration is unlikely to yield useful results. Only a very few atypical DI beneficiaries are likely to find it in their interest to participate in the demonstration, fewer even than in the BOND. That is because the POD offset begins at lower earnings than the BOND offset did. In addition, participants in POD sacrifice the right under current law that permits people receiving disability benefits to earn any amount for 9 months of working without losing any benefits.

Furthermore, the 2015 law stipulated that no Disability Insurance beneficiary could be required to participate in the demonstration or, having agreed to participate, forced to remain in the demonstration. Thus, few people are likely to respond to the POD or to remain in it.

There is a small group to whom POD will be very attractive—those few DI recipients who retain a lot of earning capacity. The POD will allow them to retain DI coverage until their earnings are quite high. For example, a person receiving a $2,000 monthly benefit—well above the average, to be sure, but well below the maximum—would remain eligible for some benefits until his or her annual earnings exceeded $57,700. I don’t know about you, but I doubt that Congress would favorably consider permanent law of this sort.

Not only would those participating be a thin and quite unrepresentative sample of DI beneficiaries in general, or even of those with some earning capacity, but selection bias resulting from the opportunity to opt out at any time would destroy the external validity of any statistical results.

Let me be clear. My comments on POD, the demonstration mandated in the 2015 legislation, are not meant to denigrate the need for, or the importance of, research on how to encourage work by DI recipients, especially those for whom financial independence is plausible. On the contrary, as I said at the outset, research is desperately needed on this issue, as well as many others. It is not yet too late to authorize a research design with a better chance of producing useful results.

But it will be too late soon. Fielding demonstrations takes time:

  • to solicit bids from contractors,
  • for contractors to formulate bids,
  • for government boards to select the best one,
  • for contractors to enroll participants,
  • for contractors to administer the demonstration,
  • and for analysts to process the data generated by the demonstrations.

That process will take all the time available between now and 2021 or 2022 when the DI trust fund will again demand attention. It will take a good deal more time than that to address the formidable and intriguing research agenda of SSDI Solutions Initiative.

I should like to conclude with plugs for two initiatives to which the Social Security Advisory Board has been giving some attention.

It takes too long for disability insurance applicants to have their cases decided. Perhaps the whole determination process should be redesigned. One of the CFRB papers proposes just that. But until that happens, it is vital to shorten the unconscionable delays separating initial denials and reconsideration from hearings before administrative law judges to which applicants are legally entitled. Procedural reforms in the hearing process might help. More ALJs surely will.

The 2015 budget act requires the Office of Personnel Management to take steps that will help increase the number of ALJs hired. I believe that the new director, Beth Colbert, is committed to reforms. But it is very hard to change legal interpretations that have hampered hiring for years and the sluggish bureaucratic culture that fostered them.

So, the jury is out on whether OPM can deliver. In a recent op-ed in Politico, Lanhee Chen, a Republican member of the SSAB, and I jointly endorsed urged Congress to be ready, if OPM fails to deliver on more and better lists of ALJ candidates and streamlined procedures for their appointment, to move the ALJ examination authority to another federal organization, such as the Administrative Conference of the United States.

Lastly, there is a facet of income support policy that we on the SSAB all agree merits much more attention than it has received. Just last month, the SSAB released a paper entitled Representative Payees: A Call to Action. More than eight million beneficiaries have been deemed incapable of managing $77 billion in benefits that the Social Security Administration provided them in 2014.

We believe that serious concern is warranted about all aspects of the representative payee program—how this infringement of personal autonomy is found to be necessary, how payees are selected, and how payee performance is monitored.

Management of representative payees is a particular challenge for the Social Security Administration. Its primary job is to pay cash benefits in the right amount to the right person at the right time. SSA does that job at rock-bottom costs and with remarkable accuracy. It is handing rapidly rising workloads with budgets that have barely risen. SSA is neither designed nor staffed to provide social services. Yet determining the need for, selecting, and monitoring representative payees is a social service function.

As the Baby Boom ages, the number of people needing help in administering cash benefits from the Social Security Administration—and from other agencies such as the Veterans Administration—will grow. So will the number needing help in making informed choices under Medicare and Medicaid.

The SSAB is determined to look into this challenge and to make constructive suggestions. We are just beginning and invite others to join in studying what I have called “the most important problem the public has never heard of.”

Living with disabilities today is markedly different from what it was in 1956 when the Disability Insurance program began. Yet, the DI program has changed little. Beneficiaries and taxpayers are pay heavily the failure of public policy to apply what has been learned over the past six decades about health, disability, function, and work.

I hope that SSA and Congress will use well the time until it next must legislate on Disability Insurance. The DI rolls are stabilizing. The economy has grown steadily since the Great Recession. Congress has reinstated demonstration authority. With adequate funding for research and testing, the SSA can rebuild its research capability. Along with the external research community, it can identify what works and help Congress improve the DI program for beneficiaries and taxpayers alike. The SSDI Solutions Initiative is a fine roadmap.

Authors

Publication: Committee for a Responsible Federal Budget
Image Source: © Max Whittaker / Reuters
      
 
 




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3 ways to move the conversation on public health forward


Editor's note: This piece was written in response to John McDonough's article in the American Journal of Public Health titled "Shorter lives and poorer health on the campaign trail." Read McDonough's article here


McDonough is right about two very important things. First, that in America we have quite dismal outcomes for the enormous amount we spend on health care. And second, that there is a real opportunity for a new political dialog between left and right to take root—though perhaps one that is more of a quiet agreement than a high-profile grand bargain. 

McDonough wisely draws attention in Figure 3 of his editorial to the sharp distinction between the United States and other Organisation for Economic Cooperation and Development countries in the relative proportions of gross domestic product spent on health services and social services. The United States is a lonely outlier because we overmedicalize our approach to health conditions and community health. Generally a blend of social, housing, public health, and other preventive strategies would yield better health results than calling an ambulance—and at a fraction of the cost. Even our higher survival rates after age 75 years is a mixed blessing, as Gawande points out, because expensive and frequent medical interventions may extend age but often not the quality of life.1 

The good news, both substantively and politically in this election year, is the growing recognition that addressing the social determinants of health is a key—perhaps the key—to improving health outcomes while slowing the growth in health spending as a proportion of gross domestic product and public spending. McDonough and I agree on that, despite his affection for Bernie Sanders’ utopian Medicare-for-all, which likely would do little to address the underlying cost and outcomes problem. 

So how could a new conversation develop, of the kind both we both would like to see? I think on several fronts. 

First, building on existing collaboration, serious analysts and policymakers on both sides of the political spectrum should explain more extensively how resources currently restricted to either health care or social services and housing should and could be more routinely braided together. Despite some interesting experiments and demonstrations that allow certain health and housing money to be mixed and used creatively, budget restrictions and payment systems generally make this dif- ficult. We could seek to agree on a mixture of legislative action on payments and budgets, and using Medicaid (Section 1115) waivers, to permit money currently available only for medical services to be used instead for housing and social services where that could be shown to improve the health of individuals in a community. 

Second, we could agree on bipartisan steps to allow states to experiment with more creative approaches to alter the blend of strategies they have available to achieve improved health outcomes. Section 1332 of the Affordable Care Act (Pub L No. 111–148) is a start, since it will allow states to propose alternatives to some Affordable Care Act provisions to improve coverage and outcomes without increasing federal costs. McDonough and I agree on using 1332 waivers in this way. But a further step would be legislation to allow states to seek even broader waivers to shift money between health and social service programs. For that to happen, conservatives would have to accept increases in total spending on some social service programs. Progressives would have to accept reductions in health programs and reduce their reluctance to granting states more flexibility. Both would have to accept rigorous evaluation to determine what works and what does not. 

And third, there is an opportunity for agreement on empowering intermediary institutions2 in neighborhoods, including charter and community schools, as well as health systems,3 to serve as hubs for integrated approaches to achieving health communities. That approach combines the conservative emphasis on the importance of nongovernmental institutions with the progressive emphasis on community action. Again, systematic evaluation is needed. 

Hopefully there can be cross-party congressional support agreement on these themes, as McDonough notes has occurred in alternative sentencing. But it is unlikely in the election season that such themes will be seized upon by presidential candidates. In my view, that is probably good, because presidential elections are about differences, not path-breaking agreements. Better, during this election cycle, to foster positive conversations that cause such themes to be taken out of the election debates, so that they will have broad support for enactment after the Election Day dust has settled. 


1. Gawande A. Being Mortal. New York, NY: Metropolitan Books; 2015. 

2. Singh P, Butler SM. Intermediaries in Integrated Approaches to Health and Economic Mobility. Washington, DC: The Brookings Institution; 2015. 

3. Butler SM, Grabinsky J, Masi D. Hospitals as Hubs to Create Healthy Communities: Lessons From Washington Adventist Hospital. Washington, DC: The Brookings Institution; 2015.


Editor's note: This piece originally appeared in the American Journal of Public Health

Publication: American Journal of Public Health
Image Source: © Mike Segar / Reuters
      




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Using militaries as police in Latin America: A discussion on citizen security and the way forward


On September 8, Brookings Senior Fellow Vanda Felbab-Brown participated in a Center for International Policy and Washington Office on Latin America event, “Using Militaries as Police in Latin America: A Discussion on Citizen Security and the Way Forward.” Felbab-Brown was joined on the panel by Adam Blackwell, secretary for multidimensional security at the Organization of American States; Richard Downie, executive vice president for global strategies at OMNITRU; and Adam Isacson, senior associate for regional security policy at the Washington Office on Latin America. Sarah Kinosian, lead researcher on Latin America at the Center for International Policy, moderated the event.

Felbab-Brown argued that police reform across Latin America over the past two decades has often been at best deficient or has failed outright. The lack of rule of law characterizes many countries in the region, including continually Mexico. Police forces are often not only corrupt, but highly abusive, and both police forces and military forces deployed for policing engage in major human rights violations. Even assumed exemplary experiments, such as the Unidade de Polícia Pacificadora (UPP) approach in Rio, have struggled to execute an effective handover from heavily-armed takeover forces to regular policing.

If governments choose to deploy their militaries in local policing roles, suboptimal as that is, the forces should adopt population-centric strategies, immediately develop concrete handover plans to police forces, and operate under a civilian coordinator. A key requirement for military forces is to respect human rights and due process and diligently prosecute perpetrators. Ultimately both police and military forces need to understand that their role is to protect society.

To some extent, Felbab-Brown argues, the resort to military forces for policing purposes is compounded by the lack of expeditionary police capacity by outside partners and donors, who overwhelmingly tend to deploy military forces for training policing. However, if the United States and outside donors want to make their policing assistance more effective, they should consider developing expeditionary police forces for such training purposes as well as a range of stabilization operations.

The most important factor for security efforts is citizen support. Marginalization, exclusion, and abuse from policing forces—be they police or military ones—have often prevented local populations from cooperating with law enforcement units and buying into rule of law: security or insecurity is co-produced as much as by citizens as by the police or military.

Publication: Center for International Policy and Washington Office on Latin America
Image Source: © Luis Galdamez / Reuters
      




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Ohio's Cities at a Turning Point: Finding the Way Forward

For over 100 years, the driving force of Ohio’s economy has been the state’s so-called Big Eight cities—Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Canton, and Youngstown. Today, though, the driving reality of these cities is sustained, long-term population loss. The central issue confronting these cities—and the state and surrounding metropolitan area—is not whether these cities will have different physical footprints and more green space than they do now, but how it will happen.

The state must adopt a different way of thinking and a different vision of its cities’ future—and so must the myriad local, civic, philanthropic, and business leaders who will also play a role in reshaping Ohio’s cities. The following seven basic premises should inform any vision for a smaller, stronger future and subsequent strategies for change in these places:

  • These cities contain significant assets for future rebuilding
  • These cities will not regain their peak population
  • These cities have a surplus of housing
  • These cities have far more vacant land than can be absorbed by redevelopment
  • Impoverishment threatens the viability of these cities more than population loss as such
  • Local resources are severely limited
  • The fate of cities and their metropolitan areas are inextricably inter-connected

These premises have significant implications for the strategies that state and local governments should pursue to address the issues of shrinking cities.

Full Paper on Ohio's Cities » (PDF)
Paper on Shrinking Cities Across the United States »

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Commission charts Ferguson’s path forward


The Ferguson Commission—convened by Missouri Governor Jay Nixon in the aftermath of the police shooting death of Michael Brown—was given a daunting task. Its charge was not only to examine the underlying causes of “the social and economic conditions that impede progress, equality, and safety in the St. Louis region,” but also to issue a report “containing specific, practical policy recommendations for making the region a stronger, fairer place for everyone to live.”

Reflecting the magnitude of that charge, the Ferguson Commission’s final report, released on Monday, totals almost 200 pages and contains 189 calls to action that span a range of issue areas, from police and court reform, to creating higher-quality education and training opportunities, to improving access to jobs, transportation, and affordable housing.

The sweeping scope of the report’s recommendations is in proportion to the complexity of the shifting economic and demographic trends and the legacy of racial discrimination that helped set the stage for last summer’s events. Like many of its neighboring communities, and suburbs across the country, Ferguson has recently experienced rapid demographic and economic changes, transitioning from a largely white to a majority black community that has seen its poor population double since 2000.

The report’s authors emphasize that they want readers to “realize how interconnected all of these issues are.” (That’s one reason for the interactive online design—to allow users to navigate across related initiatives, even if they fall in different issue areas.) And the commission situates their calls to action within a regional framework that recognizes these issues operate at a scale broader than one neighborhood or suburb.

Even so, the challenge of municipal fragmentation looms large, both in the commission’s report and in any move towards implementing its recommendations. The report acknowledges that “the current state of municipal fragmentation is both a result of and a propagator of racial disparity” and that many of St. Louis’ suburbs “have problems with budgets because of their small size.” The commission calls for consolidation of the region’s 60 local police departments and 81 municipal courts, a move which could improve oversight and compliance and save the region millions of dollars a year.

But the commission stops short of addressing the municipalities themselves, many of which would continue to struggle with strapped budgets even after these reforms. Capping the share of municipal revenue generated by fines and fees, as the state legislature has done, could help curb abusive practices, but it doesn’t solve the underlying problem. Many of these small municipalities don’t have the resources they need to meet their current budget obligations, let alone pay for additional services and programs that increase access to opportunity (like those called for in the Ferguson Commission’s report).

There is no easy solution, but there are models for the region to consider that could ameliorate the negative effects of fragmentation (e.g., municipal collaboration, municipal consolidation, and regional revenue sharing and governance structures) and potentially ease the way for the broader slate of reforms recommended by the commission.

Presented with a Gordian knot of a challenge, the Ferguson Commission has put forward its framework for changing the status quo—what it believes “to be the best starting point, the beginning of a path toward a better St. Louis.” And the reality is that failing to act on the deep-seated challenges facing the region means struggling suburbs like Ferguson, and their residents, will only fall further behind.

Image Source: © Stringer . / Reuters
      
 
 




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From Enrollment to Learning: The Way Forward


INTRODUCTION

In an earlier policy brief, Where is the Learning? Measuring Schooling Efforts in Developing Countries, we drew attention to what was labeled “the global learning crisis.” While tremendous progress has been made over the past couple of decades to get tens of millions of additional children to enroll in school, progress in improving learning outcomes has been considerably less impressive. Although, shockingly, comprehensive learning outcome data are not available for most of the developing world, the many small scale, local or, in some cases, national studies that have been done show a dismal picture. For instance, Uwezo, an East African initiative, found that in Tanzania, only 44 percent of students in Grade 4 were able to read a basic story from Grade 2. Similarly, the Annual Status of Education Report (ASER) facilitated by Pratham found that in rural India, less than half of Grade 4 students were able to do basic subtraction. These examples demonstrate the gravity of “the global learning crisis” as students fail to master competencies appropriate for their grade level, hindering the development of life skills and success in further schooling, as well as performance in the labor market.

With about 61 million children in the developing world still not yet in school, it is too early to declare victory on the “enrollment agenda”. But we would do a disservice to the 250 million children around the world who fail to reach Grade 4 or attain minimum learning standards, if we don’t step up efforts to improve learning outcomes.

This policy brief is part of a larger effort to link resources in the education sector with outcome measures. As we have documented elsewhere, few countries systematically collect comprehensive financial data on education, although fortunately an increasing number of initiatives is trying to address this issue by producing, for instance, National Education Accounts (NEAs). When the focus of the sector changes from enrollment to enrollment plus learning, efforts to better grasp the size and use of financial resources should evolve accordingly. For instance, much learning takes place outside of the classroom, especially in the early years. For NEAs to be a useful tool for adjusting the allocation of scarce resources, the “learning” sector should be defined more broadly than the education or “schooling” sector. We will address this and related issues in a subsequent policy brief.

Once our focus becomes enrollment plus learning, we have to broaden our view and look at the entire environment in which a child develops skills, starting with the households in which children are born. It has beenknown for many decades and throughout the world, that among the best predictors of future school performance are some basic household characteristics, such as income and mother’s education level.

Data from international assessments also show a relationship between income and educational performance, exemplified by intra and intercountry results. In Colombia, average Trends in International Mathematics and Science Study (TIMSS) math scores at Grade 8 for the richest quintile of students were close to 100 points higher than those from the poorest quintile. On the other hand, the difference in average scores between the poorest quintile in the United States and the richest quintile in Colombia was about 50 points. Income is not the only predictor of success, as exemplified in Peru, where children whose mothers have completed primary school and whose maternal language is Spanish rather than an indigenous language, have a greater probability of reaching the appropriate school grade for their age. In Kenya, Uwezo found that the higher their father’s educational attainment, the more likely children were able to read a story at Grade 3 or attend extra tutoring sessions.

In addition, the larger environment (such as the village or the urban neighborhood) in which the young child grows up also has a major and lasting impact. In Tanzania, urban students in Grade 3 are three times more likely than their rural counterparts to meet standards in literacy and numeracy. Related to the impact of the larger environment, data from Nigeria suggest that girls are more disadvantaged in school attendance, as parents may be reluctant to send girls to school because of perceived fears for their safety while traveling and concerns about the physical strength required for walking the distance.

Clearly, especially in the early years, most learning takes place outside of the classroom. Consequently, children who grow up in deprived circumstances will start life with a disadvantage leading to a lack of learning in the early grades, which will have lifetime effects.

In the next section, we will summarize the evidence that the early years (ages 0 to 5) are crucial for subsequent learning achievements. From this evidence we conclude that many of the problems with learning outcomes in the developing world (and in many developed countries) need to be addressed well before school age. Before delving into what happens in schools, we explore the relationship between enrollment, learning and dropout. As the crux of this brief is to lay out the evidence on what contributes to learning, we must acknowledge the factors leading to low enrollment and dropout. Next, we turn our attention to what happens in schools and what can be done to improve these activities, as well as try to summarize the evidence about the relationship between specific school-based inputs and learning outcomes. As it turns out, this evidence is, in many cases, rather feeble. Therefore, we will first focus on school-level inputs that are necessary for a good learning environment, i.e. without which we cannot expect any learning to take place. Most of these inputs are rather obvious, but they are worth mentioning. Subsequently, we will discuss additional inputs that have proven to contribute to learning outcomes in some cases, but not in others. Clearly how these inputs are applied matters.

Next, we address factors that contribute to learning outside of a formal environment, after which we review issues in health and nutrition that are closely linked to learning outcomes. We then review the need for the collection and dissemination of learning assessments in order to impact further improvements in these areas and we try to answer the question: what are the building blocks for an education sector that promote learning? Finally we explore needs for future research in learning.

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Authors

Image Source: © Swoan Parker / Reuters
      
 
 




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Ohio's Cities at a Turning Point: Finding the Way Forward

For over 100 years, the driving force of Ohio’s economy has been the state’s so-called Big Eight cities—Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Canton, and Youngstown. Today, though, the driving reality of these cities is sustained, long-term population loss. The central issue confronting these cities—and the state and surrounding metropolitan area—is not whether these cities will have different physical footprints and more green space than they do now, but how it will happen.

The state must adopt a different way of thinking and a different vision of its cities’ future—and so must the myriad local, civic, philanthropic, and business leaders who will also play a role in reshaping Ohio’s cities. The following seven basic premises should inform any vision for a smaller, stronger future and subsequent strategies for change in these places:

  • These cities contain significant assets for future rebuilding
  • These cities will not regain their peak population
  • These cities have a surplus of housing
  • These cities have far more vacant land than can be absorbed by redevelopment
  • Impoverishment threatens the viability of these cities more than population loss as such
  • Local resources are severely limited
  • The fate of cities and their metropolitan areas are inextricably inter-connected

These premises have significant implications for the strategies that state and local governments should pursue to address the issues of shrinking cities.

Full Paper on Ohio's Cities » (PDF)
Paper on Shrinking Cities Across the United States »

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Ohio's Cities at a Turning Point: Finding the Way Forward

For over 100 years, the driving force of Ohio’s economy has been the state’s so-called Big Eight cities—Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Canton, and Youngstown. Today, though, the driving reality of these cities is sustained, long-term population loss. The central issue confronting these cities—and the state and surrounding metropolitan area—is not whether these cities will have different physical footprints and more green space than they do now, but how it will happen.

The state must adopt a different way of thinking and a different vision of its cities’ future—and so must the myriad local, civic, philanthropic, and business leaders who will also play a role in reshaping Ohio’s cities. The following seven basic premises should inform any vision for a smaller, stronger future and subsequent strategies for change in these places:

  • These cities contain significant assets for future rebuilding
  • These cities will not regain their peak population
  • These cities have a surplus of housing
  • These cities have far more vacant land than can be absorbed by redevelopment
  • Impoverishment threatens the viability of these cities more than population loss as such
  • Local resources are severely limited
  • The fate of cities and their metropolitan areas are inextricably inter-connected

These premises have significant implications for the strategies that state and local governments should pursue to address the issues of shrinking cities.

Full Paper on Ohio's Cities » (PDF)
Paper on Shrinking Cities Across the United States »

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Authors

      
 
 




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Looking Forward, Not Backward: Refining American Interrogation Law

The following is part of the Series on Counterterrorism and American Statutory Law, a joint project of the Brookings Institution, the Georgetown University Law Center, and the Hoover Institution Introduction The worldwide scandal spurred by the abuse of prisoners in Abu Ghraib, Guantánamo, Afghanistan and secret CIA prisons during the Bush Administration has been a…

       




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From Enrollment to Learning: The Way Forward


INTRODUCTION

In an earlier policy brief, Where is the Learning? Measuring Schooling Efforts in Developing Countries, we drew attention to what was labeled “the global learning crisis.” While tremendous progress has been made over the past couple of decades to get tens of millions of additional children to enroll in school, progress in improving learning outcomes has been considerably less impressive. Although, shockingly, comprehensive learning outcome data are not available for most of the developing world, the many small scale, local or, in some cases, national studies that have been done show a dismal picture. For instance, Uwezo, an East African initiative, found that in Tanzania, only 44 percent of students in Grade 4 were able to read a basic story from Grade 2. Similarly, the Annual Status of Education Report (ASER) facilitated by Pratham found that in rural India, less than half of Grade 4 students were able to do basic subtraction. These examples demonstrate the gravity of “the global learning crisis” as students fail to master competencies appropriate for their grade level, hindering the development of life skills and success in further schooling, as well as performance in the labor market.

With about 61 million children in the developing world still not yet in school, it is too early to declare victory on the “enrollment agenda”. But we would do a disservice to the 250 million children around the world who fail to reach Grade 4 or attain minimum learning standards, if we don’t step up efforts to improve learning outcomes.

This policy brief is part of a larger effort to link resources in the education sector with outcome measures. As we have documented elsewhere, few countries systematically collect comprehensive financial data on education, although fortunately an increasing number of initiatives is trying to address this issue by producing, for instance, National Education Accounts (NEAs). When the focus of the sector changes from enrollment to enrollment plus learning, efforts to better grasp the size and use of financial resources should evolve accordingly. For instance, much learning takes place outside of the classroom, especially in the early years. For NEAs to be a useful tool for adjusting the allocation of scarce resources, the “learning” sector should be defined more broadly than the education or “schooling” sector. We will address this and related issues in a subsequent policy brief.

Once our focus becomes enrollment plus learning, we have to broaden our view and look at the entire environment in which a child develops skills, starting with the households in which children are born. It has beenknown for many decades and throughout the world, that among the best predictors of future school performance are some basic household characteristics, such as income and mother’s education level.

Data from international assessments also show a relationship between income and educational performance, exemplified by intra and intercountry results. In Colombia, average Trends in International Mathematics and Science Study (TIMSS) math scores at Grade 8 for the richest quintile of students were close to 100 points higher than those from the poorest quintile. On the other hand, the difference in average scores between the poorest quintile in the United States and the richest quintile in Colombia was about 50 points. Income is not the only predictor of success, as exemplified in Peru, where children whose mothers have completed primary school and whose maternal language is Spanish rather than an indigenous language, have a greater probability of reaching the appropriate school grade for their age. In Kenya, Uwezo found that the higher their father’s educational attainment, the more likely children were able to read a story at Grade 3 or attend extra tutoring sessions.

In addition, the larger environment (such as the village or the urban neighborhood) in which the young child grows up also has a major and lasting impact. In Tanzania, urban students in Grade 3 are three times more likely than their rural counterparts to meet standards in literacy and numeracy. Related to the impact of the larger environment, data from Nigeria suggest that girls are more disadvantaged in school attendance, as parents may be reluctant to send girls to school because of perceived fears for their safety while traveling and concerns about the physical strength required for walking the distance.

Clearly, especially in the early years, most learning takes place outside of the classroom. Consequently, children who grow up in deprived circumstances will start life with a disadvantage leading to a lack of learning in the early grades, which will have lifetime effects.

In the next section, we will summarize the evidence that the early years (ages 0 to 5) are crucial for subsequent learning achievements. From this evidence we conclude that many of the problems with learning outcomes in the developing world (and in many developed countries) need to be addressed well before school age. Before delving into what happens in schools, we explore the relationship between enrollment, learning and dropout. As the crux of this brief is to lay out the evidence on what contributes to learning, we must acknowledge the factors leading to low enrollment and dropout. Next, we turn our attention to what happens in schools and what can be done to improve these activities, as well as try to summarize the evidence about the relationship between specific school-based inputs and learning outcomes. As it turns out, this evidence is, in many cases, rather feeble. Therefore, we will first focus on school-level inputs that are necessary for a good learning environment, i.e. without which we cannot expect any learning to take place. Most of these inputs are rather obvious, but they are worth mentioning. Subsequently, we will discuss additional inputs that have proven to contribute to learning outcomes in some cases, but not in others. Clearly how these inputs are applied matters.

Next, we address factors that contribute to learning outside of a formal environment, after which we review issues in health and nutrition that are closely linked to learning outcomes. We then review the need for the collection and dissemination of learning assessments in order to impact further improvements in these areas and we try to answer the question: what are the building blocks for an education sector that promote learning? Finally we explore needs for future research in learning.

Downloads

Authors

Image Source: © Swoan Parker / Reuters
      
 
 




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Congo’s political crisis: What is the way forward?

On August 15, the Africa Security Initiative, part of the Brookings Center for 21st Century Security and Intelligence, will host an event focused on Congo and the broader region.

      
 
 




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One Step Forward, Many Steps Back for Refugees

      
 
 




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Disability insurance: The Way Forward


Editor’s note: The remarks below were delivered to the Committee for a Responsible Federal Budget on release of their report on the SSDI Solutions Initiative

I want to thank Marc Goldwein for inviting me to join you for today’s event. We all owe thanks to Jim McCrery and Earl Pomeroy for devoting themselves to the SSDI Solutions Initiative, to the staff of CFRB who backed them up, and most of all to the scholars and practitioners who wrote the many papers that comprise this effort. This is the sort of practical, problem-solving enterprise that this town needs more of. So, to all involved in this effort, ‘hats off’ and ‘please, don’t stop now.’

The challenge of improving how public policy helps people with disabilities seemed urgent last year. Depletion of the Social Security Disability Insurance trust loomed. Fears of exploding DI benefit rolls were widespread and intense.

Congress has now taken steps that delay projected depletion until 2022. Meticulous work by Jeffrey Liebman suggests that Disability Insurance rolls have peaked and will start falling. The Technical Panel appointed by the Social Security Advisory Board, concurred in its 2015 report. With such ‘good’ news, it is all too easy to let attention drift to other seemingly more pressing items.

But trust fund depletion and growing beneficiary rolls are not the most important reasons why policymakers should be focusing on these programs.

The primary reason is that the design and administration of disability programs can be improved with benefit to taxpayers and to people with disabilities alike. And while 2022 seems a long time off, doing the research called for in the SSDI Solutions Initiative will take all of that time and more. So, it is time to get to work, not to relax.

Before going any further, I must make a disclaimer. I was invited to talk here as chair of the Social Security Advisory Board. Everything I am going to say from now on will reflect only my personal views, not those of the other members or staff of the SSAB except where the Board has spoken as a group. The same disclaimer applies to the trustees, officers, and other staff of the Brookings Institution. Blame me, not them.

Let me start with an analogy. We economists like indices. Years ago, the late Arthur Okun came up with an index to measure how much pain the economy was inflicting on people. It was a simple index, just the sum of inflation and the unemployment rate. Okun called it the ‘misery index.’

I suggest a ‘policy misery index’—a measure of the grief that a policy problem causes us. It is the sum of a problem’s importance and difficulty. Never mind that neither ‘importance’ nor ‘difficulty’ is quantifiable. Designing and administering interventions intended to improve the lives of people with disabilities has to be at or near the top of the policy misery index.

Those who have worked on disability know what I mean. Programs for people with disabilities are hugely important and miserably hard to design and administer well. That would be true even if legislators were writing afresh on a blank legislative sheet. That they must cope with a deeply entrenched program about which analysts disagree and on which many people depend makes the problems many times more challenging.

I’m going to run through some of the reasons why designing and administering benefits for people determined to be disabled is so difficult. Some may be obvious, even banal, to the highly informed group here today. And you will doubtless think of reasons I omit.

First, the concept of disability, in the sense of a diminished capacity to work, has no clear meaning, the SSA definition of disability notwithstanding. We can define impairments. Some are so severe that work or, indeed, any other form of self-support seems impossible. But even among those with severe impairments, some people work for pay, and some don’t.

That doesn’t mean that if someone with a given impairment works, everyone with that same impairment could work if they tried hard enough. It means that physical or mental impairments incompletely identify those for whom work is not a reasonable expectation. The possibility of work depends on the availability of jobs, of services to support work effort, and of a host of personal characteristics, including functional capacities, intelligence, and grit.

That is not how the current disability determination process works. It considers the availability of jobs in the national, not the local, economy. It ignores the availability of work supports or accommodations by potential employers.

Whatever eligibility criteria one may establish for benefits, some people who really can’t work, or can’t earn enough to support themselves, will be denied benefits. And some will be awarded benefits who could work.

Good program design helps keep those numbers down. Good administration helps at least as much as, and maybe more than, program design. But there is no way to reduce the number of improper awards and improper denials to zero.

Second, the causes of disability are many and varied. Again, this observation is obvious, almost banal. Genetic inheritance, accidents and injuries, wear and tear from hard physical labor, and normal aging all create different needs for assistance.

These facts mean that people deemed unable to work have different needs. They constitute distinct interest groups, each seeking support, but not necessarily of the same kind. These groups sometimes compete with each other for always-limited resources. And that competition means that the politics of disability benefits are, shall we say, interesting.

Third, the design of programs to help people deemed unable to work is important and difficult. Moral hazard is endemic. Providing needed support and services is an act of compassion and decency. The goal is to provide such support and services while preserving incentives to work and to controlling costs borne by taxpayers.

But preserving work incentives is only part of the challenge. The capacity to work is continuous, not binary. Training and a wide and diverse range of services can help people perform activities of daily living and work.

Because resources are scarce, policy makers and administrators have to sort out who should get those services. Should it be those who are neediest? Those who are most likely to recover full capacities? Triage is inescapable. It is technically difficult. And it is always ethically fraught.

Designing disability benefit programs is hard. But administering them well is just as important and at least as difficult.

These statements may also be obvious to those who here today. But recent legislation and administrative appropriations raise doubts about whether they are obvious to or accepted by some members of Congress.

Let’s start with program design. We can all agree, I think, that incentives matter. If benefits ceased at the first dollar earned, few who come on the rolls would ever try to work.

So, Congress, for many years, has allowed beneficiaries to earn any amount for a brief period and small amounts indefinitely without losing eligibility. Under current law, there is a benefit cliff. If—after a trial work period—beneficiaries earn even $1 more than what is called substantial gainful activity, $1,130 in 2016, their benefit checks stop. They retain eligibility for health coverage for a while even after they leave the rolls. And for an extended period they may regain cash and health benefits without delay if their earnings decline.

Members of Congress have long been interested in whether a more gradual phase-out of benefits as earnings rise might encourage work. Various aspects of the current Disability Insurance program reflect Congress’s desire to encourage work.

The so-called Benefit Offset National Demonstration—or BOND—was designed to test the impact on labor supply by DI beneficiaries of one formula—replacing the “cliff” with a gradual reduction in benefits: $1 of benefit last for each $2 of earnings above the Substantial Gainful Activity level.

Alas, there were problems with that demonstration. It tested only one offset scenario – one starting point and one rate. So, there could be no way of knowing whether a 2-for-1 offset was the best way to encourage work.

And then there was the uncomfortable fact that, at the time of the last evaluation, out of 79,440 study participants only 21 experienced the offset. So there was no way of telling much of anything, other than that few people had worked enough to experience the offset.

Nor was the cause of non-response obvious. It is not clear how many demonstration participants even understood what was on offer.

Unsurprisingly, members of Congress interested in promoting work among DI recipients asked SSA to revisit the issue. The 2015 DI legislation mandates a new demonstration, christened the Promoting Opportunity Demonstration, or POD. POD uses the same 2 for 1 offset rate that BOND did, but the offset starts at an earnings level at or below earnings of $810 a month in 2016—which is well below the earnings at which the BOND phase-out began.

Unfortunately, as Kathleen Romig has pointed out in an excellent paper for the Center on Budget and Policy Priorities, this demonstration is unlikely to yield useful results. Only a very few atypical DI beneficiaries are likely to find it in their interest to participate in the demonstration, fewer even than in the BOND. That is because the POD offset begins at lower earnings than the BOND offset did. In addition, participants in POD sacrifice the right under current law that permits people receiving disability benefits to earn any amount for 9 months of working without losing any benefits.

Furthermore, the 2015 law stipulated that no Disability Insurance beneficiary could be required to participate in the demonstration or, having agreed to participate, forced to remain in the demonstration. Thus, few people are likely to respond to the POD or to remain in it.

There is a small group to whom POD will be very attractive—those few DI recipients who retain a lot of earning capacity. The POD will allow them to retain DI coverage until their earnings are quite high. For example, a person receiving a $2,000 monthly benefit—well above the average, to be sure, but well below the maximum—would remain eligible for some benefits until his or her annual earnings exceeded $57,700. I don’t know about you, but I doubt that Congress would favorably consider permanent law of this sort.

Not only would those participating be a thin and quite unrepresentative sample of DI beneficiaries in general, or even of those with some earning capacity, but selection bias resulting from the opportunity to opt out at any time would destroy the external validity of any statistical results.

Let me be clear. My comments on POD, the demonstration mandated in the 2015 legislation, are not meant to denigrate the need for, or the importance of, research on how to encourage work by DI recipients, especially those for whom financial independence is plausible. On the contrary, as I said at the outset, research is desperately needed on this issue, as well as many others. It is not yet too late to authorize a research design with a better chance of producing useful results.

But it will be too late soon. Fielding demonstrations takes time:

  • to solicit bids from contractors,
  • for contractors to formulate bids,
  • for government boards to select the best one,
  • for contractors to enroll participants,
  • for contractors to administer the demonstration,
  • and for analysts to process the data generated by the demonstrations.

That process will take all the time available between now and 2021 or 2022 when the DI trust fund will again demand attention. It will take a good deal more time than that to address the formidable and intriguing research agenda of SSDI Solutions Initiative.

I should like to conclude with plugs for two initiatives to which the Social Security Advisory Board has been giving some attention.

It takes too long for disability insurance applicants to have their cases decided. Perhaps the whole determination process should be redesigned. One of the CFRB papers proposes just that. But until that happens, it is vital to shorten the unconscionable delays separating initial denials and reconsideration from hearings before administrative law judges to which applicants are legally entitled. Procedural reforms in the hearing process might help. More ALJs surely will.

The 2015 budget act requires the Office of Personnel Management to take steps that will help increase the number of ALJs hired. I believe that the new director, Beth Colbert, is committed to reforms. But it is very hard to change legal interpretations that have hampered hiring for years and the sluggish bureaucratic culture that fostered them.

So, the jury is out on whether OPM can deliver. In a recent op-ed in Politico, Lanhee Chen, a Republican member of the SSAB, and I jointly endorsed urged Congress to be ready, if OPM fails to deliver on more and better lists of ALJ candidates and streamlined procedures for their appointment, to move the ALJ examination authority to another federal organization, such as the Administrative Conference of the United States.

Lastly, there is a facet of income support policy that we on the SSAB all agree merits much more attention than it has received. Just last month, the SSAB released a paper entitled Representative Payees: A Call to Action. More than eight million beneficiaries have been deemed incapable of managing $77 billion in benefits that the Social Security Administration provided them in 2014.

We believe that serious concern is warranted about all aspects of the representative payee program—how this infringement of personal autonomy is found to be necessary, how payees are selected, and how payee performance is monitored.

Management of representative payees is a particular challenge for the Social Security Administration. Its primary job is to pay cash benefits in the right amount to the right person at the right time. SSA does that job at rock-bottom costs and with remarkable accuracy. It is handing rapidly rising workloads with budgets that have barely risen. SSA is neither designed nor staffed to provide social services. Yet determining the need for, selecting, and monitoring representative payees is a social service function.

As the Baby Boom ages, the number of people needing help in administering cash benefits from the Social Security Administration—and from other agencies such as the Veterans Administration—will grow. So will the number needing help in making informed choices under Medicare and Medicaid.

The SSAB is determined to look into this challenge and to make constructive suggestions. We are just beginning and invite others to join in studying what I have called “the most important problem the public has never heard of.”

Living with disabilities today is markedly different from what it was in 1956 when the Disability Insurance program began. Yet, the DI program has changed little. Beneficiaries and taxpayers are pay heavily the failure of public policy to apply what has been learned over the past six decades about health, disability, function, and work.

I hope that SSA and Congress will use well the time until it next must legislate on Disability Insurance. The DI rolls are stabilizing. The economy has grown steadily since the Great Recession. Congress has reinstated demonstration authority. With adequate funding for research and testing, the SSA can rebuild its research capability. Along with the external research community, it can identify what works and help Congress improve the DI program for beneficiaries and taxpayers alike. The SSDI Solutions Initiative is a fine roadmap.

Authors

Publication: Committee for a Responsible Federal Budget
Image Source: © Max Whittaker / Reuters
      
 
 




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The U.S. and China’s Great Leap Forward … For Climate Protection

It’s rare in international diplomacy today that dramatic agreements come entirely by surprise.  And that’s particularly the case in economic negotiations, where corporate, labor, and environmental organizations intensely monitor the actions of governments – creating a rugby scrum around the ball of the negotiation that seems to grind everything to incremental measures. That’s what makes…

       




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While Egypt Struggles, Ethiopia Builds over the Blue Nile: Controversies and the Way Forward


On April 2, 2011, Ethiopia embarked upon the construction of what is expected to be the biggest hydroelectric power plant in Africa.  Called the Grand Ethiopian Renaissance Dam (GERD), it will be located on the Blue Nile, 40 kilometers (25 miles) from the border with the Republic of Sudan and will have the capacity to produce 6,000 megawatts of electricity.  The GERD, once completed and made operational, is expected to ameliorate chronic domestic energy shortages, help the country’s households (especially those located in the rural areas) switch to cleaner forms of energy and allow the government to earn foreign exchange through the exportation of electricity to other countries in the region.  Although authorities in Addis Ababa believe that the dam will contribute  significantly to economic growth and development—not just in Ethiopia, but also in neighboring countries, such as Sudan—its construction has been very controversial.  The major controversies revolve around Ethiopia’s decision to fund the building of the dam from its own sources and the potential impacts of the dam on downstream countries, especially Egypt.  

Ethiopia opted to source funds for the construction of the GERD through selling bonds to citizens at home and abroad.  Government employees have been encouraged to devote as much as one or two months of their salaries to the purchasing of the GERD bonds.  Most public workers in Ethiopia earn relatively low wages and face a significantly high cost of living.  Hence, they are not likely to be able to sacrifice that much of their salaries to invest in this national project.  Nevertheless, many of them have been observed purchasing the GERD bonds, primarily because of pressure from the government and the belief that participation in this national project is a show of one’s patriotism.

The government of Ethiopia has also encouraged the private sector to invest in the GERD project.  Specifically, private domestic banks and other business enterprises are expected to purchase millions of Birr worth of these bonds.  The government also hopes that Ethiopians in the diaspora will contribute significantly to this massive effort to develop the country’s hydroelectric power resources.  However, many Ethiopians in the diaspora have not been willing to invest in the GERD project, citing pervasive corruption in the public sector and dictatorial government policies as reasons why they would not commit the resources necessary to move the project forward.  Additionally, Ethiopians living outside the country have argued that the present government in Addis Ababa continues to impede the country’s transition to democracy by making it virtually impossible for opposition parties to operate, using draconian laws (e.g., anti-terrorism laws) to silence legitimate protests and generally denying citizens the right to express themselves.  For these reasons, many of them have refused to invest in the GERD project.  Finally, Ethiopia’s traditional development partners, including such international organizations as the World Bank and the International Monetary Fund, appear to be unwilling to lend the country the necessary funds for the construction of the dam given the controversies surrounding the dam and their policies on the building of megadams.

Egypt has registered its opposition to the construction of the GERD.  In fact, before he was ousted, former Egyptian president Mohamed Morsi made it known to authorities in Addis Ababa that Egypt would not support the project.  The Egyptians, as they have done before, have invoked the Anglo-Egyptian Treaty of 1929, which granted Egypt veto power over all construction projects on the Nile River and its tributaries.  According to Cairo, then, Ethiopia was supposed to obtain permission from Egypt before embarking on the GERD project.

In May 2010, five upstream riparian states (Ethiopia, Kenya, Uganda, Rwanda and Tanzania) signed the Nile Basin Cooperative Framework Agreement (CFA), which, they argue, would provide the mechanism for the equitable and fair use of Nile River waters.  On June 13, 2013, the Ethiopian Parliament ratified the CFA and incorporated it into domestic law.  The other four signatories have not yet ratified the treaty but plan to do so eventually.  Egypt and Sudan, however, have refused to sign the CFA and continue to argue that the 1929 Anglo-Egyptian Treaty, as well as the 1959 bilateral agreement between Egypt and Sudan, represent the only legal mechanisms for Nile River governance.  Recently, however, the government of Sudan has indicated its support for the GERD, and South Sudan, which gained its independence from Khartoum on July 9, 2011, does not oppose the project either.

Significant increases in population in Egypt, the need for the country to expand its irrigated agricultural base, as well as other industrial needs have significantly increased the country’s demand for water.  Unfortunately for Egyptians, the only viable source of water in the country is the Nile River.  Thus, Egyptians, as made clear by their leaders, are not willing to relinquish even one drop of water.  The country’s bitter opposition to the GERD stems from the fact that it will reduce the flow of water into the Nile River and force Egyptians to live with less water than now.  Egyptian leaders are not willing to accept the assertion made by the Ethiopian government that the construction of the dam will not significantly reduce the flow of water from the Blue Nile into Egypt.  Thus, Cairo has hinted that it would employ all means available to stop the construction of the GERD.

The site of the GERD was identified during geological surveys conducted between 1956 and 1964 by the United States Bureau of Reclamation.  Although studies determining the feasibility of a dam on the Blue Nile were completed almost half a century ago, previous Ethiopian governments did not make any attempt to build such a structure on the Blue Nile.  This inaction may have been due to Egypt’s ability to lobby the international donor community and prevent it from providing Addis Ababa with the necessary financial resources to complete the project, Ethiopia’s chronic internal political instability, or Egypt’s military strength and its strong ties with neighboring Sudan (the latter shares the same interests as Egypt regarding the waters of the Nile River).  In fact, the 1929 Anglo-Egyptian Treaty and the 1959 bilateral agreement between Sudan and Egypt granted both countries complete control of all the waters of the Nile River.

Since the ouster of Hosni Mubarak, Egypt has been weakened significantly, politically, economically and militarily.  The struggle between the military and civil society for control of the government has been a major distraction to the Egyptian military, and it is unlikely that it can effectively face a relatively strong and more assertive Ethiopian military.  Hence, it appears that this might be the most opportune time for Ethiopia to initiate such a construction project.  Perhaps more important is the fact that virtually all of the upstream riparian states are no longer willing to allow both Egypt and Sudan to continue to monopolize the waters of the Nile River.  In addition, Ethiopia is relatively at peace and maintains good relations with its neighbors, particularly the Republic of Sudan, which would be critical in any successful attack on Ethiopia by Egypt.  Of course, Addis Ababa has also invoked and relied on the Cooperative Framework Agreement which, besides Ethiopia, has been signed by four other upstream riparian States—the CFA favors the equitable and fair use of the waters of the Nile River.  Authorities in Addis Ababa believe that the GERD will contribute to such fair and equitable use; after all, the Blue Nile (which is located in Ethiopia) provides 86 percent of the water that flows into the Nile River.  Up to this point, Ethiopia has made virtually no use of that water, allowing Egypt and Sudan alone to dictate its usage.

Critics of the GERD, including some Ethiopians within and outside the country, argue that Addis Ababa initiated the building of the dam just to divert public attention away from internal political tensions associated with lack of religious freedom, human rights violations, suppression of the press, and the economic and political polarization that has become pervasive throughout the country during the last several decades. 

Given the economic significance of the Blue Nile for the source country (Ethiopia) and downstream countries (Egypt and Sudan), it is critical that these countries engage in constructive dialogue to find a mutually beneficial solution for the project.  Such negotiations should take into consideration the fact that the status quo, characterized by Egyptian monopolization of the waters of the Nile River and the exclusion of Ethiopia from exploiting its own water resources for its development, cannot be maintained.  Thus, the construction of the GERD should be taken as a given and the three countries—Egypt, Sudan and Ethiopia—should find ways to maximize the benefits of the dam and minimize its negative impacts on the downstream countries.  As part of that negotiation, both Egypt and Sudan should abandon their opposition to the CFA, sign it and encourage their legislatures to ratify it.  The Nile River and its tributaries should be considered common property belonging to all Nile River Basin communities and should be managed from that perspective.

Authors

Image Source: © Amr Dalsh / Reuters
     
 
 




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The African Union: Which way forward?


The 26th Ordinary Session of the African Union (AU) Executive Council has just concluded in Addis Ababa, Ethiopia, under the theme, “2016: African Year of Human Rights with a particular focus on the Rights of Women.” Addressing the delegates, who included some of the continent’s most important political leaders and a collection of distinguished foreign dignitaries, the chair of the AU Commission, Dr. Nkosazana Dlamini Zuma, reminded delegates of the organization’s vision as embodied in Agenda 2063. This pledge, a blueprint for the social, political, and economic transformation of the continent, emphasizes a bottom-up, inclusive, participatory, and people-driven approach to development. As envisioned by the agenda’s architects, Africa’s diverse peoples should spearhead the continent’s transformation and direct its development. Dr. Zuma also made note of 2016’s theme, which is the protection of human rights, with particular emphasis on the rights of women.

Since it became operational, the AU has faced many challenges, some of them linked to problems that have plagued the continent for many decades (e.g., chronic poverty; political instability and violent mobilization by various subcultures; corruption and other forms of impunity) and others (e.g., terrorism and violent extremism) that have come to the fore since the turn of the century. At the recent Addis Ababa meeting, the AU leadership spoke specifically of “Agenda 2063: The Africa We Want,” which is heralded as a new development strategy that will enhance the ability of Africans to use their resource endowments fully and effectively for their own development. Although this 50-year initiative has many objectives, the overall aim is to encourage Africans to own their problems, take control of their resolution, and build, by themselves, a prosperous continent “based on inclusive growth and sustainable development.” [1] The AU’s 26th Ordinary Session gives us a chance to reflect on the continental organization’s recent performance and examine how much further it needs to go.

The challenges that the AU faces can be classed into two categories—those that require immediate attention and those whose resolutions can be undertaken through a long-term process. Although cooperation of the international community is critical for the effective resolution of many of the problems and challenges that Africa currently faces, it is important to reiterate the fact that full and effective resolution lies with the African countries themselves. The AU must not be timid but rather act boldly and aggressively, especially in situations of gross violations of human rights and where people are being massacred and others pushed into forced exile (e.g., Burundi, Darfur, Somalia) and provide the leadership needed to prevent genocide and minimize further deterioration in political and economic conditions in many communities throughout the continent.

Issues requiring urgent and immediate attention from the AU and other continental actors

Coordinating the fight against terrorism and violent extremism: Terrorism and rising violent extremism are major obstacles to peace efforts, national integration, nation building, and the effective management of diversity throughout the continent. From the destruction of economic infrastructures and the massacre of university students in Kenya by al-Shabab; the slaughter of villagers and the kidnapping of school girls in northeastern Nigeria by Boko Haram; the indiscriminate killing of people at hotels in Mali and Burkina Faso; and the downing of an airliner in Egypt, terrorism and violent extremism continue to constrain the ability of Africans to live together peacefully and create the wealth that they need to fight poverty and improve their living conditions. These affiliated and unaffiliated extremist groups—which also include the Lord’s Resistance Army, al-Qaida in the Islamic Maghreb, the Islamic State, and others—are just a few of the entities that threaten to derail Africa’s transition to good governance and inclusive development, respect for human rights, and peaceful coexistence.

Fighting terrorism in the continent requires a coordinated effort at both the regional and national levels. The AU, through the Algiers Convention of 1999, has created a comprehensive counterterrorism strategy for the continent. Unfortunately, the atrocities listed above show that the AU’s counterterrorism framework does not seem to be working and is not being implemented timely and effectively at the level of individual countries. In fact, in addition to the years-long delay of the Algiers Protocol coming into force, less than a third of the African countries have ratified the convention. In addition, only a few African countries have enacted national legislation and restructured their legal and judicial systems to deal with terrorism. The AU must take bold steps to make sure that the necessary steps are taken at the national level to implement policies that significantly enhance the fighting of terrorism at the continental level (e.g., processes for information sharing and consultation; harmonization of immigration policies, etc.). Of course, the AU must also make certain that national leaders do not use anti-terrorism laws to oppress and exploit innocent citizens.

It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization.

Analysts argue, however, that fighting terrorism effectively is a long-term effort. It is important to note that only inclusive economic growth and development and the establishment, within each African country, of governance systems that guarantee the rule of law, including respect for human rights, can deal fully with terrorism and other types of violent and destructive mobilization. African countries must fully address those issues (e.g., extreme poverty; severe inequality in access to opportunities for self-actualization, as well as in the distribution of income and wealth; and religious and ethnic persecution) that enhance radicalization and render joining extremist groups an attractive option for many of the continent’s youth.

Pressing South Sudanese leaders for peace: South Sudan gained independence on July 9, 2011 and was immediately faced with a multiplicity of problems. In addition to the fact that the new government lacked the capacity to deliver necessary public goods and services to all citizens, as well as the fact that the country faced significantly high levels of venality in the public sector, it was not able to manage diversity effectively. By the summer of 2013, the country had plunged into a major political crisis, which eventually deteriorated into civil war as President Salva Kiir fought forces loyal to his former vice president, Riek Machar, to remain the country’s chief executive. The struggle soon took on ethnic dimensions since Kiir gets significant support from the Dinkas, and Machar gets support from ethnic Nuer. Both parties signed a peace agreement in 2015 but have failed to meet a January 22, 2016 to form a Transitional Government of National Unity. It is important that South Sudan’s leaders place the interests and welfare of the people above their own and form an inclusive government, which can create the conditions necessary for effective state reconstruction. The AU should hold the country’s leaders accountable for meeting the commitments that they made in the peace agreement. Significant pressure must be put on these leaders by the international community, including especially the Intergovernmental Authority on Development (IGAD), to act responsibly and form an inclusive government that would move the country forward in a peaceful and productive manner. 

Ending the crisis in Burundi: President Pierre Nkurunziza’s decision to defy the constitution and seek a third term in office unleashed violent and destructive mobilizations that have killed more than 400 people and created a major humanitarian crisis in the region. The United Nations says that since April 2015, as many as 240,000 people have fled the country into exile. Are we about to see a repeat of the past—that is, the manipulation of ethnicity by political demagogues that eventually produced a brutal civil war that killed as many as 300,000 people? Some analysts believe that without a quick stop to what the locals simply call “La Crise,” the country is on the verge of being visited by the ghosts of its violent past. The AU, which had planned to send 5,000 peacekeepers to secure the peace and help restore stability, has abandoned that initiative in view of fierce opposition from Nkurunziza. Even a visit from the U.N. Security Council was not enough to convince Nkurunziza to either allow the AU force to enter Burundi or for the government to engage in dialogue with opposition parties without preconditions.

After their recent visit to Burundi, members of the U.N. Security Council “stressed the urgency of addressing the situation” in the country “before it deteriorates further and possibly takes on ethnic dimensions, despite the position of the government of Burundi that the situation is not of such concern.” But can the AU deploy peacekeepers without Burundi’s approval? Article 4(h) of the Constitutive Act of the African Union grants the AU the right to intervene in any member country “pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity.” However, a top diplomat at the AU has been quoted as saying that unilateral deployment would be an “unimaginable” act. In addition, it is ironic that at the same time the AU was opting not to act forcefully to secure the peace in Burundi and avert what could be another genocide, the incoming chairman of the AU (President Deby of Chad) was declaring that “[t]hrough diplomacy or by force...we must put an end to these tragedies of our time. We cannot make progress and talk of development if part of our body is sick. We should be the main actors in the search for solution to Africa’s crises.”

The AU and the Libyan crisis: The events of the Arab Spring represented a new modality of regime change that the AU had never before encountered. When military forces of the National Transitional Council (NTC) captured Tripoli on August 22, 2011 and drove away then Libyan President Muammar Qaddafi’s forces, members of the NATO-led military alliance that had been providing “aerial bombardment support to the NTC” immediately proceeded to pressure the African Union to recognize the NTC as the only legitimate government of Libya. Nevertheless, when the democratic uprising morphed into a de facto civil war, the AU’s response was a roadmap, which was informed by the organization’s long-established approach to dealing with intra-state conflicts, which called for a ceasefire and negotiations for an inclusive interim government.

The NTC, however, rejected the roadmap, arguing that it did not make allowance for Qaddafi’s immediate departure. The position taken by the NTC was significantly enhanced by the support that it was receiving from the NATO countries, the Arab League, the United Nations, and several African countries.

Although it denounced what it believed was an illegal regime change in Libya orchestrated by NATO powers supposedly to protect Libyan civilians, the AU went ahead, although reluctantly, and recognized the NTC as Libya’s legitimate government and granted the NTC the right to represent the country in the AU.

Some analysts have examined the AU’s failed efforts to mediate the peace in Libya’s political crisis and have argued that "the most important reason for this failure was the decision by France, the United Kingdom, and the United States to “undermine and sideline the AU.” Other reasons for the failure of the AU’s roadmap are said to include the inability of the AU to garner coherent support among African countries for its position on Libya and the fact that the AU never really gained the confidence of either the Qaddafi regime or the NTC.

Although Qaddafi’s regime was recognized as both oppressive and repressive towards the country’s citizens, the AU did not approve the decision by the NTC to transform a democratic uprising into a civil war. The AU became even more adamant about its non-violent approach to the Libyan crisis after the NATO countries effectively became agents of forceful regime change in Libya. However, some observers have argued that the AU’s emphasis on the fact that the regime change was unconstitutional must be weighed against the fact that the Qaddafi regime was not only unconcerned about democratic governance but promoted basic laws that were designed to perpetuate and entrench Qaddafi’s hold on power.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance.

It has been argued that the recognition of the NTC by the AU was inconsistent with the organization’s legal positions [2] regarding the illegal/unconstitutional changes of regime on the continent. But, what can be learned from the AU’s handling of the Libyan crisis? While the AU is quite clear about its opposition to unconstitutional regime changes on the continent, it is important for the organization to put in place clear and specific mechanisms to deal with popular uprisings such as those that occurred in North Africa, including Libya.

As much as resolving armed conflicts is important, the AU needs to actively engage in other transformative activities on the continent, including especially, those activities that fundamentally transform the critical domains (i.e., the political, administrative, and judicial foundations of the state) and provide institutional arrangements that foster inclusive economic growth, peaceful coexistence of each country’s various subcultures, and enhance participatory and inclusive governance. Perhaps, had the AU developed such a specific mechanism for dealing with popular uprisings, it would have been able to more effectively confront the present uprising in Burundi.

To retain its relevance, the AU must provide the leadership to fully and timely resolve various continental problems, such as democratic and popular uprisings, terrorism and  violent extremism, armed conflicts, and of course, the necessary political and economic transformations to enhance inclusive growth and development and participatory governance. African countries must not and should not continue to rely on intervention by external actors (e.g., the EU, the U.N., the ICC, and the United States) to help them resolve domestic problems.

Long-term challenges

Support good governance: While it is quite clear that countries such as Somalia, the Central African Republic, and South Sudan are in urgent need of institutional reforms to guarantee the rule of law, enhance the protection of human rights, and advance inclusive economic growth, it is important to note that even countries that appear peaceful are still suffering from governance systems that are pervaded by corruption, rent seeking, the lack of government accountability, and impunity. One long-term goal for the African Union should be to galvanize grassroots support throughout the continent for institutional reforms to produce (1) constitutions that cannot be easily manipulated by political elites (as occurred in Burundi and Burkina Faso) to prolong their stay in power; and (2) governing processes that are undergirded by some form of separation of powers, with checks and balances—at the minimum, judicial independence must be safeguarded and the legislative branch granted enough independence so that it can effectively check on what have been, in many African countries during the last several decades, imperial presidencies with virtually no check on the exercise of government power.

Create institutions for improving the livelihood of the average citizen: Institutional arrangements that provide citizens with the wherewithal to resolve conflicts peacefully, organize their private lives and engage in those activities (e.g., start and operate a business for profit; practice their chosen religion; get married and raise a family—that is, engage freely in self-actualizing activities) that enhance their ability to maximize their values and protect themselves from abuse by state- and non-state actors, as well as participate fully and effectively in governance, including being able to hold their governors accountable for their actions.

Strengthen the African Court of Justice and Human Rights: The court needs the authority to actually serve as an effective legal instrument for the protection of human rights in all countries in the continent, including dealing with crimes that are currently being referred to the International Criminal Court in The Hague.

Facilitate economic integration: Currently, many African countries have economies that are relatively small and not very viable and hence, are not capable of engaging in production processes that can effectively utilize and benefit from technological economies of scale. Integration can significantly increase the size of these economies and enhance their ability to produce goods that are competitive globally in both price and quality. In fact, integration at the regional level, especially if supported by the AU, for example, can help small countries more effectively construct and maintain infrastructures such as roads and bridges, universities and research centers, and other projects that require large initial investments but are characterized by significant scale economies.

Transform the AU from observer to actor: During the last several years, as the continent has been devastated and ravaged by terrorist attacks, the AU has remained essentially an observer. When it comes to the fight against terrorism, the AU should make the plight of the victims of these insidious crimes—not state claims of sovereignty and independence—the main basis for its decisions. The AU, of course, must work with national governments and regional organizations (e.g., ECOWAS in West Africa) but must not allow these local groups to constrain its ability to intervene when doing so would save lives or prevent situations that could deteriorate into mass pogroms. Thus, the AU should act purposefully and forcefully to develop an effective anti-terrorism framework that can deal effectively with terrorism and help member states target and address those issues that enhance extremism. The current one just doesn’t cut it.

Address poverty and inequality: Extreme poverty and unequal access to opportunities for self-actualization remain serious challenges for virtually all African countries. Already, in its Agenda 2063, the AU has promised to address these issues and enhance what it calls “inclusive economic growth and sustainable development.” [3] These issues, of course, are interrelated and tied to many of the recommendations listed above. For example, without peace, it is not likely that any African country will be able to engage in the types of entrepreneurial activities that enhance inclusive growth and development. Hence, it is important for the AU to promote the rule of law and thus create the enabling environment for the emergence of the entrepreneurial communities that offer all citizens the opportunities for self-actualization.

Respond effectively to pandemics: As evidenced by the response to the Ebola pandemic that devastated Liberia, Guinea, and Sierra Leone beginning in March 2014, few African countries have health care systems that can effectively and fully respond to pandemics. In addition, there is no continent-wide framework that can timely deal with such health threats and effectively prevent them from becoming pandemics. The AU must take the lead in helping develop a continent-wide response framework to future health threats.

Ensure the equitable allocation of and access to water: The continuing struggle between Egypt and Sudan, on the one hand, and Ethiopia and the other upstream riparian states, on the other hand, over access to the waters of the Nile River, has reminded us of the need for African countries to develop effective legal frameworks for the equitable allocation of existing water resources. With increased demand for water for household use and for irrigated farming—due to rapid population increases, urbanization, and the effects of global warming—it has become evident that African countries must develop and adopt effective legal frameworks to govern the allocation of water resources, as well as deal with other water-related issues such as ecosystem degradation, conservation, and water treatment and reclamation. The AU can provide the mechanisms for regional discourses on water management and enhance the ability of member countries to develop and adopt effective systems to manage international watercourses.

The way forward for the AU

The African Union is in a position to provide the leadership for Africa to develop into a much more effective competitor in the global economy and a full participant in global governance. To do so, the AU must move aggressively to deal with some pressing issues in order to secure peace and security in several countries and avert descend into anarchy and genocide. In the long-run, the AU should help its member countries develop and adopt institutional arrangements and governing processes that guarantee the rule of law, enhance the protection of human rights (including especially those of women and other vulnerable groups), and promote inclusive growth and development. The timid and extremely cautious approach that the AU is taking with respect to the crisis in Burundi is almost tantamount to a dereliction of duties. The AU leadership must not allow claims of sovereignty and independence made by the governments of member states to inform, and perhaps, cloud its decisions. Emphasis should be placed on the plight of the people who are being exploited, displaced and forced into homelessness and/or exile, maimed, and killed by the violence in these countries.


[1]Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

[2] The AU’s guiding principles can be found in the Lomé Declaration on Unconstitutional Changes in Government and the Constitutive Act of African Union, which prohibit unconstitutional changes in government. For example, Art. 30 of the Constitutive Act of the African Union states as follows: “Governments which shall come to power through unconstitutional means shall not be allowed to participate in the activities of the Union.” Also, Art. 4 states that “[t]he Union shall function in accordance with the following principles: “(p) condemnation and rejection of unconstitutional changes of government.” See Constitutive Act of the African Union, available at http://www.au.int/en/sites/default/files/ConstitutiveAct_EN.pdf (last visited on February 6, 2016).

[3] Aspiration 1 of the AU’s Agenda 2063: The Africa We Want.

      
 
 




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