This week’s Africa Summit in Washington suggests hope for a deeper, broader engagement between the United States and many African countries. This is a policy area where there seems to be substantial room for negotiated agreement and cooperation between Republicans and Democrats. While there are things that I wish we would do differently, I am glad to see the effort and attention and I will watch with interest.
“ICC acts tough on Uhuru’s assets, phone records” Daily Nation, July 30.
The International Criminal Court has directed that the Kenyan government be compelled to provide the property and financial records associated with President Uhuru Kenyatta if the government was not ready to fully cooperate.
In a ruling on Tuesday, the judges further unanimously endorsed the prosecution’s revised request that Attorney-General Githu Muigai had contested during the status conference on July 9.
The AG seems to have lost his argument, as the Trial Chamber V (B) ruled that the prosecution’s request was right within the provisions of the Rome Statute of cooperation.
. . . .
The judges further directed the prosecution to “pursue all possible means to get Mr Kenyatta’s telephone records.
. . . .
Of the items that Ms Bensouda had requested she was only able to obtain the details of four the vehicles Mr Kenyatta owned or regularly used between November 1, 2007 and April 1, 2008. These were obtained with the consent of the accused.
In fact, Lands secretary Charity Ngilu, in a letter that was read to the court, said that “doing the best with the resources and time available to us, we have not located any land, title or property registered under the name of Uhuru Muigai Kenyatta.”
. . . .
. . . .
The Chamber also trashed arguments by the AG that the “work of prosecution investigators was being outsourced to the Kenyan government”. The judges, Kuniko Ozaki, Geoffrey Henderson and Robert Fremr, also validated the extensive requests by ICC prosecutors.
“It is a reasonable investigative premise that an accused with access to substantial resources may choose to act through various intermediary entities, as this would in particular, reduce the traceability of transactions intended to further a criminal purpose,” they said.
Githu had dismissed the request by Prosecution Chief Fatou Bensouda as irrelevant to the charges and too broad. The wide-ranging requests, which were made public for the first time late Tuesday seeks disclosure of the President’s records for about three years beginning June 1, 2007 to December 15, 2010.
“Investigations inquiries may not be confined merely to the immediate period of the violence,” the judges ruled. “In the context of certain records, a longer time period may also be justified for comparison purposes where pattern of activity may be significant in revealing unusual communication or transactions.”
This is the second time the ICC Judges are asking the Kenyan authorities to use compulsion to comply with its cooperation obligations to the court. The judges have threatened to refer Kenya to the Assembly of State Parties if it declines to disclose the records.
Already, a separate chamber has issued orders to the govern- ment to compel nine witnesses to testify against Deputy President William Ruto and his co-accused, journalist Joshua Sang. Uhuru’s trial is set to begin on October 7.
. . . .
If you are in Washington for the Africa Summit or otherwise on August 7 you can have dinner with H.E. Kenyatta at the Grand Hyatt from 7-9pm, sponsored by the Corporate Council on Africa, for $200 if you are not a member of the Council, or $100 if your are. Members (only) may wish to join H.E. Teodoro Obiang of Equitorial Guinea, starting at 6pm that night at the St. Regis. Perhaps with a good driver you can catch both. To register follow the links here; the Council is also hosting several less controversial events surrounding the Summit.
The State Department Office of the Inspector General released this afternoon its latest regular inspection report for the U.S. Embassy in Uganda. The Kampala mission, the second largest in Sub-Saharan Africa, gets good marks, but is facing critical physical space problems from ongoing and expected growth–“bursting at the seams”. More of general interest, how does the IG summarize the context of the mission of the United States in Uganda? Here you are:
Uganda has experienced nearly three decades of domestic stability, except in northern areas. President Museveni’s National Resistance Movement took power in 1986. Irregularities marred his reelection in 2011, and he is expected to run again in 2016. Uganda has never experienced a peaceful transition of political power, and civil society does not effectively hold government accountable. Uganda’s record on democracy, human rights, and anticorruption is poor, but it has become an important force for regional stability in East Africa. It contributes to the African Union Mission in Somalia, leads regional efforts against the Lord’s Resistance Army, and has mediated talks between the Democratic Republic of the Congo and the M23 rebels.
The passage of Uganda’s Anti-Homosexuality Act in early 2014 prompted Washington to reassess the bilateral relationship, including U.S. foreign assistance, which was taking place during the inspection. Bilateral security cooperation has included peacekeeping training for Ugandan forces in Somalia and Ugandan support for the 2013 evacuation of U.S. diplomats from South Sudan.
Economic growth over the past decade has averaged 6 to 7 percent, with inflation in the single digits, and the percentage of the population in poverty dropped by half. Uganda’s population is projected to grow from 35 million to more than 60 million over the next 20 years, threatening to erode and even reverse development progress. The economy provides one job for every 40 new entrants to the job market. By the end of this decade, Uganda may be an oil- producing country, which would significantly raise government revenue but could also exacerbate corruption. U.S. exports to Uganda in 2012 totaled $100 million, half of which consisted of aircraft and machinery.
HIV/AIDS prevalence rates declined in the early 1990s to less than 7 percent, one of the lowest rates in Africa, but has begun to rise again. The U.S. Agency for International Development’s (USAID) FY 2013 assistance budget for Uganda was $67.5 million for development, $11 million for Food for Peace, and $84.95 million for the Global Health Initiative. The Department of State (Department) also provided $316.14 million for the Global Health Initiative, $190,000 in foreign military financing, and $522,000 in international military engagement and training. International narcotics control and law enforcement funding of $600,000 went directly to Uganda.
With 712 employees, the embassy is the second largest in Sub-Saharan Africa and includes 147 U.S. direct hires compared to 91 in 2007. Other departments and agencies represented in the embassy include USAID, the U.S. Department of Defense (DOD), the Centers for Disease Control and Prevention (CDC), the Federal Aviation Administration, the U.S. Department of the Treasury, and the Peace Corps. The embassy chancery accommodates all employees and has annexes in Gulu (CDC) and Entebbe (CDC and DOD), which are 7 hours away and 90 minutes away, respectively, by vehicle. In addition, the general services office and warehouse facility is located 6 kilometers from the embassy compound, and it has more desks than some smaller embassies in Africa.
Swiss trader looks up and says, “You must be here to save Kenya’s small family farmers!”
“Could Rwanda’s Kagame get thrown out of the ‘smoke filled room’?” AfriCommons, 13 March 2014
“East Africa Exchange Formally Launched” BizTech Africa, 4 July 2014
“Carter Center release; Initial observations on the ‘Frazer v. Carson’ controversy” AfriCommons, 21 Feb. 2013
“Beth Mugo Admits Kenyatta Family Owns Huge Tracts of Land, But Defends Uhuru” Mwakilishi, 12 Feb. 2013
“How Kosgei pulled strings to block U.S. from endorsing Kibaki presidency” Daily Nation, 13 July 2012
“Kenyan PM Odinga Speaks Out on Election, ‘Dubious’ Role of Jendayi Frazer and Ambassador” AfriCommons, 4 March 2010
The Institute for Defense Analyses‘ Africa Watch publication (PDF below) has a discussion by Amb. George Ward of the recent report for the UNEP and Interpol on the banned charcoal trade from Somalia (“The Somali Charcoal Industry–Strange Bedfellows”). Rather than shut down the trade that has been the primary revenue source for Al Shabaab, the Kenyan Defense Forces have continued the trade out of Kismayo, which they captured nearly two years ago, along with their present day allies in the Ras Kamboni militia. Further, the KDF is apparently participating in the same overall network of deforestation, charcoal production and brokered export trade that includes continued unmolested shipping by Al Shabaab itself from Baraawe. The traders include businessmen established in Nairobi and Garissa, so Kenya profits on that end too.
Fortunately for the Kenyan taxpayers, the EU and the United States primarily fund the AMISOM mission which has covered the Kenyan forces since mid-2012. Something tells me the charcoal proceeds generated through the KDF are not going to the Kenyan treasury.
Of course, other reports of KDF dealing in the charcoal trade have been out there for a long time. See my post “Kenya’s persistent national security corruption continues to burden Somali endeavors”.
As I noted, rallies will come and rallies will go. The challenge of governmental dysfunction, propped up by tribalism, remains. This photograph is from the day before the 2013 election at the public primary school in Nairobi’s posh Westlands neighborhood. I suspect the scene was much the same yesterday and is much the same today.
Raymond Bonner’s Waltzing with a Dictator: the Marcoses and the Making of American Policy (©1987, 1988) is long out of print, but used copies are readily available.
This is well worth a read by those interested in American foreign policy and its relationship with authoritarian governments and democratic transitions anywhere, and in international election observation. One lesson here for Americans, and for those seeking American support for reform, is to appreciate the power of illicit wealth in the hands of foreign authoritarians to help charm key people in power in both Democratic and Republican administrations in the United States. Nonetheless, in a pinch in the Philippines, we eventually helped with the restoration of democracy irrespective of Cold War interests that had been previously asserted to justify support for the Marcos dictatorship.
The 1986 election in which Ferdinand Marcos was ousted by Corazon Aquino was a pioneering effort in international election observation and internationally supported domestic observation to combat state-supported election fraud. Aquino’s accession to the presidency as summarized in her Wikipedia entry:
A self-proclaimed “plain housewife“, she was married to Senator Benigno Aquino, Jr., the staunchest critic of President Marcos. She emerged as leader of the opposition after her husband was assassinated on August 21, 1983 upon returning to the Philippines from exile in the United States. In late 1985, Marcos called for snap elections, and Aquino ran for president with former senator Salvador Laurel as her Vice-President. After the elections were held on February 7, 1986, the Batasang Pambansa proclaimed Marcos and his running mate, Arturo Tolentino, as the winners amidst allegations of electoral fraud, with Aquino calling for massive civil disobedience actions. Defections from the Armed Forces and the support of the local Catholic Church led to the People Power Revolution that ousted Marcos and secured Aquino’s accession on February 25, 1986.
Of particular current interest from the Bonner book is the role of Republican Senators Thad Cochran of Mississippi and Richard Lugar of Indiana as election observers who held the line against election fraud and provided key support for “moderates” back in Washington in the Reagan White House against the pro-Marcos “hardliners”. After seeing blatant election misconduct by the regime, Cochran sent a message by donning his yellow golf pants during the observation–yellow being Aquino’s campaign color. Lugar was defeated in the 2012 Republican primary by a hardline “tea party” challenger, and Cochran has just been certified as the narrow winner of a primary runoff against a “tea party” challenger in Mississippi. Within the Carter White House in 1977-81 there was similarly a divide between hawkish pro-Marcos Democrats, people we might think of now as more or less “neocons”, and early human rights advocates.
Happy Saba Saba Day–and how is Kenya?. (from July 7, 2012–would appreciate your comments here or by e-mail about what has and has not changed)
Muthoni Wanyeki’s column this week in the East African strikes me as hitting exactly the right point: “Mpeketoni: Get on with finding out who and why”. Take time to read it.
The Jubilee Government was in a tizzy about stopping Raila Odinga from leading opposition CORD rallies around the country before the Mpeketoni attacks just over a week ago. The attacks then became the focus of attention for Kenyans and the Kenyan media, with Uhuru Kenyatta deflecting things back to Raila and CORD by as much as accusing them of undertaking the attacks and explicitly denying a role for Al Shabaab.
Any reasonable observer recognizes that the Mpeketoni attacks in a sensitive area very near the border have less ambiguity about them as an incidence of terrorism than most of the individual bombings routinely attributed to Al Shabaab in Nairobi or even the Westgate attack last year. Yes, the methodological details vary–as they did in each of these from the previous Al Shabaab World Cup attack in Kampala. Here is former Marine and security expert Andrew Franklin, who has written here previously, discussing Al Shabaab and Mpeketoni, along with unfulfilled security reform, on KTN.
With the victims largely now out of sight and out of mind in the hinterlands the media has moved on to the incessant tribal politics that makes for easy punditry in lieu of actual investigation and in-depth reporting.
I have never been a big fan of rallies in Kenyan politics–not in 2007 campaign when I was trying to help support a better process, not in 2011-12 when they were used to try to stop the ICC, and again, not in the 2013 campaign. Nonetheless, I am pretty well inured to the fact that the usual suspects in Kenyan politics, on whatever side they happen to be at any given time, use these rallies as a primary means to connect directly to their supporters and to get national media for their messages. I wish Kenya’s politics was a little more creative, but then, the political class as it exits always wins, so I guess they don’t feel a lot of incentive to change. Regardless, the rallies are not in and of themselves generally dangerous except to the extent the security forces are engaged to make them so.
Tribal animosities were clearly more raw and pervasive in the spring of 2013 when I was in Nairobi for the election than they were when I left in May 2008 during the immediate post-election period. It appears that the last year has not seen marked improvement. An obvious reason why all this should be expected is that the parts of the February 28, 2008 election peace deal that were to address the underlying issues have not been implemented and the politics of 2011-2013 were so explicitly tribal.
Why haven’t they been implemented? One reason is that the February 28, 2008 deal was made by Kibaki and Raila with Kofi Annan after the larger mediation process between PNU and ODM broke down. PNU was a coalition of parties and not all of them ever supported the deal from the inception. Uhuru Kenyatta’s KANU being one such at the time. Raila and Kibaki cooperated to support the passage of the new constitution in 2010, but the Truth, Justice and Reconciliation Commission plodded along on the backburner. The biggest single thing to galvanize government attention during the remainder of Kibaki’s second term was the fight to block the ICC, and, of course, Raila was running for president again, along with Saitoti and Uhuru and some others. By the time the TJRC report was finalized, the new State House was not prepared to accept it as written.
Rallies will come, and rallies will go. The question is whether the long term work of protecting Kenyans from the persistent threat of terrorism and the long term work of “tribal” reconciliation will be taken up or yet again deferred for some future generation.
There are two key current books for general audiences covering Kenya’s post-independence history and I recommend both.
The more comprehensive is Charles Hornsby’s Kenya: A History Since Independence which I read a few months ago. Charles brings the advantages of both scholarly training and deep personal experience including several years living in Kenya and much prior research and writing and “Kenya watching”, while at same time offers the independence that comes from earning his living separately, presently as a corporate compliance official. Hornsby’s book is over 900 pages of deep detail including significant attention to economic policy and the business history that is so essentially a part of Kenya’s politics. Hornsby’s work will give the basic background on the past interactions and alignments of most of Kenya’s current political figures during the Jomo Kenyatta, Moi and Kibaki years.
Historian Daniel Branch’s Kenya: Between Hope and Despair is also excellent and it is the book I recommended for a quick primer for a friend who was considering a short term election-related assignment in Kenya in late 2012. At just under 400 pages it is a much quicker read and will well serve the needs of the shorter term generalist for a tighter summary of the key events; along with the crucial Chapter 12 (titled “Back to the Future”) of Hornsby’s history–with the best detailed summary I’ve read of the vital 2007 campaign and election–Branch’s book will give general readers some understanding of the lay of the land in public affairs in Kenya in a few short hours.