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Africa Is a Rubik's Cube: Colorful, Complex and Three-Dimensional

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Africa Is a Rubik's Cube: Colorful, Complex and Three-Dimensional Frontier Markets Africa is a Rubik’s Cube Namibia is Solving the Puzzle Stephen W. Snively* Abstract: Africa is a Rubik's Cube: colorful, complex and three-dimensional. The continent is a puzzle whose layers have been twisted and flipped by centuries of political, economic and social strife. This puzzle will not be solved without the coordinated action of many nations, but Namibia has taken a turn in the right direction. Namibia was one of the last countries in Africa to gain its independence. Today it is a leader on the continent due to its stable constitutional democracy, developed infrastructure and progressive economic policies. While addressing the post-colonial issues confronting all sub-Saharan nations, Namibia has set an ambitious course for developing its economy and attracting foreign investment in the future. Namibia It is blessed Namibia ("n ə-mib ′ē-ə") is located on the west coast with stunning of Africa north of South Africa. It has a total land area of landscapes, 318,000 square miles (about twice the size of California) peaceful people, but an estimated population of only 2,031,000 (slightly rich cultural more than Houston, Texas). The capital city of traditions, exotic Windhoek is located in the center of the country. English wildlife, a is the official language, which facilitates business balanced dealings with the United States. democratic Namibia has three government and distinct geographic an incredible regions: the deserts wealth of natural along the coast in the resources. At the Plains Elephant in Etosha National Park west, a central plateau, same time, Namibia is burdened with the legacy of a and expansive colonial history and seventy years of apartheid rule, savannah grasslands in poverty and currently with an HIV/AIDS epidemic. the north. The Kalahari and Namib History deserts are among the There are genetic markers in our DNA that record most magnificent in the history of our origins. The DNA from people around the world. The latter the world confirms that we all have roots reaching back Namibia has towering sand to the continent of Africa. After the last Ice Age, the dunes that shine species Homo sapiens was on the verge of extinction and golden in the sun, migrate with the wind and slope survived only in Africa. Then suddenly, about 50,000 gracefully toward the sea. The wide open spaces and arid years ago, it began to grow rapidly and migrated north to barren terrain of the central plateau contrast dramatically Europe and Asia, eventually populating the entire earth. with the flowing grasslands that sweep across the We discovered from rock paintings that nomadic landscape in the north. tribes roamed the plains of Namibia over 15,000 years Wildlife in Namibia is abundant and incredibly ago. In 1486 the Portuguese established the city now diverse. Etosha National Park is famous for the exotic known as Luderitz. It developed into a busy seaport animals which gather around its salt pans and water where whalers and commercial ships sought refuge and holes, including giraffes, elephants, lions, leopards, replenished supplies on their voyages around the horn of zebras, rhinoceroses, springboks, oryxes, impalas and Africa. The Namib Desert along the coastline was an many more. Namibia has the world's largest population intimidating barrier that discouraged explorers from of cheetahs, and there are tens of thousands of seals and venturing inland until many centuries later. pink flamingos along the coast. Namibia became the German colony of "South West Africa" in 1890 pursuant to treaties entered into by * Honorary Consul for the Republic of Namibia and Partner, Holland & Knight, LLP RESEARCH REVIEW, VOL. 14, NO. 3, 2007 Frontier Markets Germany, Britain and Portugal. With the branch includes a Supreme Court whose Germans came trade, missionaries and the judges are appointed by the president. Lutheran religion. Germany lost its Roman-Dutch law is the common law control over the area when World War I in the country. began. In 1920, with the approval of the The Constitution forms the legal League of Nations, the government of backbone of the nation. This unique and South Africa took control and extended its progressive document reflects the "whites-only" apartheid policies over compassion and humanity of the Namibia. Namibian people, their determination to In 1960 the South West African preserve the natural beauty of their Peoples Organization, also known as country and their commitment to “SWAPO,” began to urge the United protect foreign investment. It contains a Nations to revoke the mandate which variety of provisions which contribute granted South Africa control over the Official Coat of Arms of Namibia to the long-term political and economic region, and by 1966 a guerilla war of stability of the country, making it more independence was being waged to overthrow the attractive to foreign investors. It recognizes many of the apartheid regime in both Namibia and South Africa. The rights cherished by our forefathers in the U.S., including United Nations revoked the mandate of South Africa in the freedom of speech and religion and the right to 1968 at which time the name "Namibia" was adopted. It representation by counsel at a speedy and impartial trial. refers to the Namib Desert and is translated loosely to It prohibits the death penalty, establishes special rights mean a bare place, vast arid plain or “area where there is for women and children and recognizes the family as the nothing.” The United Nations imposed a regional peace "natural and fundamental group unit of society." plan but the struggle for independence continued for International non-alignment is mandated and a national another decade. Independence from South Africa was ombudsman is authorized to independently investigate declared on March 21, 1990, and was followed by free any misconduct of governmental officials or any elections for new national representatives. Namibia "degradation or destruction of ecosystem and failure to emerged from its colonial/apartheid history as a protect the beauty and character of Namibia." This is constitutional democracy with a free-market economy. the only constitution in the world that acknowledges the Namibia is not well known in the U.S., largely importance of protecting the environment. because for many years it was in the shadow of South Representatives for the government in Namibia are Africa. During the struggle for independence the among a new generation of leaders in Africa who liberation army professed a Marxist ideology; it was understand the importance of a stable political and supported by troops from Cuba and received weapons economic environment and are committed to work with and other military support from Communist countries in foreigners and actively seek private investment. Eastern Europe. The U.S. was concerned that the movement would establish a socialist government. Real Estate Investment Although that did not happen, the political and In the U.S., the government cannot take privately geographic distance from the U.S. also explain why owned land except for public purposes pursuant to the many Americans knew nothing about Namibia until eminent domain process and compensation is required Angelina Jolie and Brad Pitt selected it as the place for for the landowner. All people in Namibia, including the birth of their daughter. foreign investors, have similar protections. Article 16 of the Constitution of Namibia grants unto every person Government the right to acquire, own and dispose of property. The One of Africa's newest democracies, Namibia is government may expropriate property only if it is in the now recognized as one of its most successful public interest and just compensation is paid. In democracies. The structure of the federal government is Namibia, unlike Zimbabwe and some other African similar to that of the U.S. There are three branches: nations, the foreign ownership of real estate is protected. executive, legislative and judicial. There is a bicameral The Foreign Investment Act was adopted in 1990 legislature consisting of the National Council and the and provides additional protection for foreign investors, National Assembly. The president is elected by popular who may engage in any business activity in which a vote for a five-year term. He appoints a prime minister Namibian may engage. Except for businesses relating to and a cabinet, which may be dissolved by a "no natural resources (i.e., uranium, diamonds and confidence" vote of the National Assembly. The judicial agricultural farm land), there is no requirement that the RESEARCH REVIEW, VOL. 14, NO. 3, 2007 Frontier Markets government or any Namibian hold an interest in the Ministry of Trade and Investment in Namibia is business. The availability of foreign currency is assured reviewing these recommendations and has reaffirmed its for the repayment of foreign loans, distribution of commitment to economic growth and to taking steps to dividends and the transfer of profits out of Namibia. The encourage more foreign investment in the future, Foreign Investment Act also confirms that the including the lowering of corporate tax rate. constitutional protection against expropriation without just compensation benefits foreign investors, too. Infrastructure Namibia is a member of other international The infrastructure in Namibia is considered among organizations that make foreign investments more the best in Africa, based on the quality of its secure, such as the Multilateral Investment Guarantee telecommunications system, road network, railways, Agency of the World Bank which provides protections seaports and airports. against breaches of contract, civil disturbance and war, The east-west road system in Namibia connects the expropriation and the inability to convert or transfer landlocked interior of the continent to the prized seaport currency. at Walvis Bay. The north-south road system provides a transport corridor between South Africa and Angola, a Business Environment demanding market for goods and services in the region, Namibia is recognized for its favorable business and other countries to the north.
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