Wednesday, November 3, 2010

Botswana and Namibia … social justice diamonds

fotosearch.com
The whole world has now heard of “blood diamonds”. Africa has a real bad name on this score, with the Mugabe regime in Zimbabwe perceived as now also getting in on the act. Read …
Botswana and Namibia are undoubtedly excluded from complicity. They are respected and rightly  perceived as perhaps the only two really strife free, peaceful and progressive democracies in Africa.
They are both leading producers of diamonds. They are also known for being exceptional tourism destinations.

So here we have, true democracy, the magic of Africa and diamonds. What a heady cocktail mix; enough to make richer countries sit up and take note.

What is not known about them is that they are also both world leaders in an important aspect of social justice; perhaps as scarce and precious as diamonds. Their efforts in this respect shines far too dimly. The World needs to sit up and take note.

You see, after HIV/AIDS, the plight of road crash victims is the biggest international pandemic.

fotosearch.com
By the time you have read these words metal will have torn into flesh, muscles ripped, bones crushed, life extinguished … and the victims, including orphans, simply left to contend with the consequences of an unequal contest.

Over 90% of road crash victims, being passengers, pedestrians, children etc are totally innocent of blame for the crash. A small minority are partially at fault. Despite this, they are left to chase up the guilty driver and fight for compensation from his/her insurer. The gross inequality of the battle is usually reflected in the result. The victim receives no compensation or inadequate compensation as insurers protect profit. For millions the consequences are catastrophic, as mothers are widowed, children orphaned and others disabled for life. Who cares?

This occurs despite the fact that, ever since the first road crash occurred in November 1898, governments have, by and large, forced drivers to purchase insurance supposedly to ensure that victims are compensated in the event of “accidents”. It is called compulsory 3rd party insurance. The 1st and 2nd contracting parties are the driver and the insurer. The 3rd party is the victim. He/she is the intended beneficiary by law. In practice this has long ceased to be the case. The insurer is the beneficiary and the victim is doubly victimized.

A more stark, brazen, blindingly obvious instance of systemic social injustice, on truly gargantuan scale, is quite difficult to imagine.

HIV/AIDS is largely self inflicted. Despite this sufferers are seen as victims, helped and supported. Persons involved in helping these victims stand to be praised, lauded, eulogized, lionized, even canonized, no doubt, in the fullness of time!

Injury and death in road crashes is largely not self inflicted. However those injured, disabled and orphaned, are not seen as victims, and are given no help. Why? No one is answering the question, let alone even posing it.

Blinded by the injustice of the situation, my profession (legal) has seemingly intervened. As a result we now have a US$ multibillion “contingency fee” sector operating in the US, in particular. Powerful law firms will come to the aid of the hapless victim, and extract compensation from the insurer, provided they share in the proceeds. The courts are then embroiled in contests between lawyers and insurers.

Lawyers want injury and death to convert to as much money as possible, so to serve their profit margins. Insurers want the opposite for the same reason.

Court rooms are the battle ground. Lies become a currency; fraud a vehicle of delivery. Experts sell their “opinions” to the highest bidder. It is a vomitus obscene circus played out long after the relevant injury and its effects are often irretrievable, regardless of how much money is then extracted from the insurer.

M[i] is full of questions. “Is it not true that the effects of road crashes costs some countries more than their total annual aid budgets? Did the UN not get all its members to subscribe a commitment to take urgent remedial measures as early as 1994? Did it not indicate that the medical sector had a critical role to play as regards interventions?”

The only thing I can point to is that Global Road Safety, in particular, has been working hard to reduce road crashes. I am embarrassed when he points out that, at its conference held in Accra, Ghana, in 2006, every single country acknowledged that their road safety programs had failed!

The resultant human suffering is unquantifiable. To all this there is a deafening silence. Human rights agencies are unconcerned. Who cares? Most road crash victims are from the poorer socio-economic sector. That’s why they don’t drive cars.

M observes that it appears that there is a prevailing political correctness that says “take care of HIV/AIDS, but just ignore the second biggest pandemic”. I am at a loss to answer.

Well Botswana and Namibia do care.

They have devised a model in terms of which road crash victims are proactively assisted without avoidable delay, at no cost to the victim. The objective is not to convert injury and death into as much money as possible. I had the great privilege of being involved in devising these schemes.

Festus Mogae
The objective is to redress the social harm accruing on account of injury and death without avoidable delay.

So the medical and social services sectors are first instance partners in the schemes.
It is not funded by diamonds, which both countries have in abundance. It is funded by the culprits – vehicle drivers and owners. Funding is by way of a levy included in the fuel price. That way no driver can ever be uninsured and, correspondingly, all victims are automatically covered! Brilliant!

In addition the cost to drivers is but a fraction of corresponding 3rd part insurance cover in other countries. You see, there are no profits to serve.

President Pohamba
Take a bow Festus Gontebanye Mogae for having done this when you were President of Botswana. Your Ibrahim Prize was richly deserved.

Take a bow Presodent Hifikepunye POHAMBA of Namibia. Hope you win the prize.

Now, we are wondering if you could just pick up the phone and speak to some of your colleagues in the international leaders club.

Tell them about the biggest diamond of all that you have in your countries … social justice.






[i] See my previous blog post – “my man from Mars”




























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