So what matters in Kenya? David Ndii reminds us that most Kenyans do not have enough food . . .

Not to distract from the “news”, the big events like a second Nairobi Carrefour coming to Karen and competing with Nakumatt. . . but for anyone who is interested in Kenya and
has not actually lived there in recent years, I highly recommend David Ndii’s latest Friday column from Daily Nation, “On hunger, and a nation in need of a conscience“:

Hunger stalks this land. One third of the respondents to Ipsos Synovate’s latest opinion poll answered yes to the question whether they or other members of their households ever sleep hungry.

The facts are much worse that the poll’s finding.

The most comprehensive information on our food situation is in a report published by the Kenya National Bureau of Statistics in 2008 titled Food Insecurity Assessment in Kenya.

It shows that over half of Kenyans, 51 percent, consume less than what they require on a daily basis. They consume an average of 1,261 calories per day, against a requirement of 1,683 calories — a shortfall of 422 calories or 25 percent of the daily requirement.

Simply put, half of the country suffers from chronic hunger. . . .

Five years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

The fifth anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi falls this year on Ash Wednesday.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

.  .  .  .

Unfortunately, in these five years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police.  Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity.  The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

Continue reading

Somaliland rejects local UNSOM presence; Kenya reading

Khat Shop Hargiesa

Khat Shop Hargiesa

The Somaliland Sun reports that the Government of Somaliland has informed the visiting head of the new United Nations Mission to Somalia (UNSOM) that Somaliland will not host a UNSOM office. Somaliland wishes to continue hosting and receiving aid through various individual UN agencies and organizations but considers the overall UNSOM mission in support of the Federal Government of Somalia incompatible with Somaliland’s independent status.

In the meantime, the questions of governance for Kismayo and the “Jubaland” region remain an immediate challenge as does the unsettled Somaliland-Puntland border. Somaliland has indicated a desire to strengthen relations with Kenya, which shares a common interest in some degree of regional autonomy for Jubaland on the Kenyan border.

Of note on Kenya:

Wachira Maina–“ICC: Kenya’s is a lose-lose strategy even if African Union has its way” in The East African.

Dr. Stephanie Burchard, “How Fraud Might (Indirectly) Promote Democracy in Africa” in the Institute for Defense Analyses’ Africa Watchdiscussing the judicial review of Ghana’s presidential election in contrast to the procedure in Kenya.

David Anderson on the Mau Mau case, “Atoning for the Sins of Empire” in the New York Times.

Wycliffe Muga on “A Brief History of Election Rigging” in The Star.

Jaindi Kisero on “There is more to the Kenya Pipeline Company saga than nepotism; is it someone’s turn to eat?” in the Daily Nation.

Paul Wafula on “Hidden pain in financing Jubilee’s bag of goodies” in The Standard.

George Kegoro, “There’s need for an independent team to probe conduct of election” in the Daily Nation.

Famed photojournalist Mo Dhillon responds to AU on the ICC trials: “African Unity leading Africa towards disaster”

Sir Mohinder Dhillon, renowned Kenyan photographer, photojournalist and filmmaker shared this new essay which he also submitted to the ICC judges:

“GADDAFI AND MUSEVENI”
Gaddafi and Museveni

African Unity leading Africa towards disaster.

I’d like to challenge the AU to tell me which tribunal or judiciary in Africa will ever convict a sitting Head of State. This attempt to renege on a commitment to the ICC is nothing more than a sinister plot by Africa’s dictators to save themselves from any kind of accountability. It was initiated by the late Colonel Gaddafi, who bailed the AU out of a financial crisis, thereby buying the loyalty of other African leaders whose necks were also on the line. To save himself from international justice, he wanted Africa out of the reach of the ICC. Shame on such leaders! Contrary to any suggestion of restoring national sovereignty, the aim of these people is for Africa to be out of the Rome Treaty so that they can continue with their evil intentions where money and power counts for everything and the ordinary African can rot.

Our memories in Africa are very short, particularly in the case of perpetrators of genocide, rape and murder. Those who support the AU line that accused Kenyans should be tried locally should remember that not so long ago Parliament and other local bodies preferred to hand over cases to ICC. Remember the slogan that was on the lips of all Kenyans:  “Don’t be Vague, Ask for Hague”. Kenya was given 12 months to put their act together and they did not move an inch. Kenyan authorities were going to investigate several thousand of other perpetrators but none was investigated due to lack political will despite some of perpetrators were recognizable carrying out crimes against humanity. AU is becoming laughing stock in promoting impunity.

The early history of Kenya’s ICC cases seems already to have been forgotten. After the post-election violence in 2008, the Peace Accord appointed the Waki Commission which produced 529 pages report on 16 July 2009 along with 6 boxes of documents and supporting material. A sealed envelope containing names of those considered most responsible for the violence was given to Kofi Annan as mediator.   Kenyan Government tried for one year to establish a local tribunal but parliament blocked this, leading to the involvement of the International Criminal Court.  The ICC Prosecutor, Luis Moreno Ocampo opened the envelope, inspected its contents and re-sealed it, before proceeding at Kenya Government request to carry out investigations and develop the resulting cases for ICC.

Kenya must smell the rat behind the intentions of our neighbours in Ethiopia, Uganda and Sudan, who are guilty of gross human rights violations in their own countries. Most recently, these include muzzling the media and arresting journalists and civil rights workers, but there is a long track record of crimes against humanity in each country. The AU has failed miserably to bring the perpetrators to book, as have the local judicial systems.

Until fifteen years ago, I filmed all the OAU meetings since its inception in 1963. For most of that time, the fight against apartheid in South Africa was the only factor that held this organisation together – otherwise I’m sure it would have disintegrated. It is a matter of record that crimes against humanity on the rest of the continent have far outweighed the evils of apartheid both in terms of scale and sheer lack of accountability. Why the double standard?

It is abundantly clear that most of Africa’s leaders are more concerned with protecting themselves than they are with securing justice for ordinary people. Although we in Kenya have made enormous strides in securing personal freedoms over the last twenty years, I am deeply concerned about the negative influence of our dictatorial neighbours in Uganda, Sudan and Ethiopia, where media houses are being closed down for flimsy reasons, where opposition is not tolerated and large numbers journalists and activists languish in dungeons without being charged. Kenyan genocide victims need closure just like the victims of Charles Taylor in Liberia, where the ICC was applauded for a job well done. There can never be adequate compensation for loss of life, limbs or dignity but at least some measure of justice was served.

Members of Kenya’s Government are shouting empty slogans about protecting their sovereign rights, in complete contradiction of their earlier position. I trust that the Kenyan people can see for themselves the total insincerity of those who are driven by nothing more than fear for themselves, and total disregard for the victims of violence. . . .

Here is the whole document: African Unity leading Africa towards disaster (5)

 

A few links to set the scene as we approach 30 days to Kenya’s vote . . .

Jay Naidoo of The Daily Maverick writes from “the Mukuru Kwa Reuben slum, one of the largest in Nairobi” with an unknown population size: “I have a right to a toilet–it’s human dignity”.

An update on the preparation for Kenya’s citizen digital “crowdsourced” monitoring/mapping effort, using the Ushahidi software: “Uchagazi Community Next Steps”.

H/t to the UN Dispatch blog for noting another official pre-election delegation in Nairobi: “Kenya: UN official stresses need for peaceful and transparent elections”:

“Kenya’s elections will be watched closely around the world,” Under-Secretary-General for Political Affairs Jeffrey Feltman said during a visit to Nairobi, the capital.

“Let me take this opportunity to appeal to all Kenyans to exercise their democratic right and participate actively – but peacefully – in the elections,” he said. “Let me also underscore the responsibility shared by leaders at all levels to abide by legal mechanisms and to send a clear message to supporters that violence of any kind would be unacceptable.”

Mr. Feltman, who oversees UN support to elections globally in his capacity as Focal Point for UN Electoral Assistance, commended the electoral authorities for their preparations and underscored the readiness of the UN to continue providing financial and technical assistance to the electoral process.

In the category of “open government initiatives,” and “what’s good for the goose is good for the gander,” the Project on Government Oversight (US) is asking citizens to push the White House to finally fill the vacancy for the the Inspector General for the State Department:

Inspectors general are independent watchdogs within federal agencies that are essential to a well-functioning government. They conduct audits and investigations that identify wasteful government practices, fraud by individuals and government contractors, and other sorts of government misconduct. Congress and the public rely on their reports to hold agencies and individuals accountable for wrongdoing, identify a need for legislation, and evaluate the effectiveness of government programs and policies.

Unfortunately, President Obama went his entire first term without nominating an inspector general for the State Department. At over five years, the State Department opening is the longest running vacancy among federal agencies.

 

Wycliffe Muga in The Star on “Why we should not dismiss foreigners”, with an example from his own experience in Kenya, but perhaps a universal lesson.

In the category of “it could be worse”: “Is a military coup Museveni’s last line of defense against NRM rebels?” asks Gaaki Kigambo in The East African.

 

[Updated] International Crisis Group releases key up-to-date guide to Kenyan election preparations

Toi Market-Nairobi

Update– the Associate Press reports “Analysts: Political Party Polls in Kenya a Failure”:

Political party primaries to select candidates for Kenya’s March national elections have been fraught with irregularities, disorganization and disgruntled losers, increasing the chances of conflict during the upcoming vote, analysts said Friday.

That’s bad news for those trying to avoid a repeat of what happened after Kenya’s 2007 elections, when a dispute over who won the presidency led to weeks of violence that left more than 1,000 people dead. The primary voting this week did little to instill confidence that officials are ready for another national vote.

.  .  .  .

Kennedy Masine, an official of the local Election Observer Group, described Thursday’s attempt to hold nominations as a “phenomenal failure.” . . .]

I’ve now finished an initial reading of the ICG report released yesterday entitled “Kenya’s 2013 Elections.”  It’s an important resource for two key reasons: 1) it is strikingly up to date for this kind of thing, with lots of new information, including footnote references for events even this week; 2) it is relatively comprehensive, covering a lot of ground in substantial detail.  It gives fair, sober assessment of the status of the major areas of reforms that were identified as needed in the wake of the disaster in 2007-08.  I hope it will be updated quickly once things shake out further with the primaries over the next few days.

In fact, you could take this report and prepare a “grade card” for implementation of the “reform agenda” over the course of the Government of National Unity.  Without being cynical or fatalistic, it would simply have to be quite low so far.  Regardless, by gathering a lot of the information that a lot of us have been thinking about in various areas in one place, the report could also be used as a road map to realistically “play to strengths” in the terms of the existing Kenyan institutions and develop last minute contingency plans and “gap fillers” in those areas where reforms and preparation are clearly going to be getting an “incomplete”, such as policing.  Surely it is clear by now that there need to be plans in place for how to provide extraneous security support beyond the Kenya Police Service in the event of a crisis triggered by major failure of the election itself.

Here is the Executive Summary with a list of recommendations.

An interesting point of reference is the NDI Kenya Pre-Election Mission of May 2012, to see what has been accomplished and not accomplished in the meantime.

“LRA nutures the next generation of child soldiers”–IRIN story from the DRC

I thought I should note a very interesting story today from IRIN, the news service of the UN Office for the Coordination of Humanitarian Affairs.

FARADJE, 26 March 2012 (IRIN) – The dilemma for Atati Faustin, 13, from Faradje in Haut-Uélé District, northeastern Democratic Republic of Congo (DRC), is that although he misses his younger brother – abducted into the ranks of the Lord’s Resistance Army (LRA) two years ago – he is also afraid of being reunited with him.

“I want my brother back,” he told IRIN, “but if I see him I would run. I am scared of him. I feel like he has died.”

Displaced with about 1,300 people from the nearby village of Kimbinzi in 2008 following repeated LRA attacks, and relocated to Ngubu, a camp for internally displaced persons (IDPs) on the outskirts of Faradje, he has not yet encountered him, but others in the community have – dishevelled, with dreadlocks, and carrying an AK47 assault rifle and a panga.

Kimbinzi is about 7km from the camp and occasionally some villagers return under a military escort provided by Armed Forces of the DRC (FARDC) to till the fields, as crops planted on land provided for them close to the River Dungu are routinely destroyed by hippos. Only young men return (during daylight hours) to Kimbinzi in a phenomenon described by relief workers as “pendulum movement” – women and children stay in the relative safety of Ngubu. .  .  .
Ugandan aid worker George Omoma has tracked the carnage left in the LRA’s wake across three countries, where children are not so much collateral damage, as the focus of LRA activity.

“Kony tells his people that it is not you [adults] that will overthrow the [Ugandan] government, it is the children. He wants to create a new generation of the LRA,” Omoma told IRIN.

Omoma is in Dungu helping to establish a rehabilitation centre for child victims of the LRA by the Catholic Church and NGOs Sponsoring Children and the San- Diego-based Invisible Children. When operations start later this year, the facility will be able to provide accommodation, counselling, training and education to hundreds of former child soldiers and abductees. .  .  .  .

Breeding child soldiers

Dominic Ongwen has risen through the ranks to become the LRA’s most senior commander in the DRC and is the armed group’s most notorious example of a kidnapped boy forced into child soldiering and who is now wanted for crimes against humanity and war crimes by the International Criminal Court.

Sam Otto Ladere has appeared on the radar with a similar personnel history to Ongwen. He commands a group of 17 fighters falling under the command of Vincent Okumu Binany in the DRC.

Matthew Brubacher, political affairs officer working with the UN Stabilization Mission in the DRC’s (MONUSCO’s) Disarmament, Demobilization, Repatriation, Reintegration and Resettlement (DDRRR) unit, and an LRA specialist based in the eastern DRC city of Goma, told IRIN Ladere was abducted at a young age from a village west of Gulu.

“Ladere is one of the up and coming commanders. He is very trusted. This was evidenced by his being placed as chief of intelligence after Maj-Gen Acellam Ceasar was suspended following the execution of Lt-Gen Vincent Otti on 2 October 2007, even though Ladere was only a captain,” he said. DDRRR is working on a radio message on their FM network to try and lure him out of the bush.

Omoma said former abductees and child soldiers had told him of Ladere’s brutality.

Kony has taken many wives. At the Juba peace talks in 2006 it was estimated he had about 80 wives and it is unknown how many children the rebel leader has fathered.

“I don’t know how many Kony kids are active in the LRA, probably quite a few. There are a few bush kids now that were born and bred in the LRA. They are pretty wild when they come out as they have never known civilization,” Brubacher said.

Certainly the idea that the LRA has been able to continue to fester and mutate and perhaps in part replicate should be given some consideration in evaluating what priority to place on military efforts against the relatively small number of active fighters that appear to remain at present.

“War, Guns and Votes”? What will be the impact of Kenya’s war with Al Shabaab on the 2012/13 election?

AfriCommons, on FlickrGoing For Water

After three months it is now quite clear, if it wasn’t always, that Kenya’s military offensive against Al Shabaab across the border and into the Jubbaland region will be of indefinite duration rather than any type of quick strike. The fact that Kenya has sought and obtained UN approval for its forces to be added into the AMISOM “peacekeeping” mandate makes it clear that the Kenyan government does not have intentions to achieve any predetermined goals, declare victory and withdraw.

This creates an important dynamic in regard to the Kenyan election that doesn’t seem to be getting the discussion it deserves. A number of questions: will the heightened security requirements associated with the threat of terrorism from Al Shabaab also help secure the country against election violence? Or will security forces be used to intervene in the campaign instead, as in 2007? Will donors and international institutions supporting the election process be that much more unwilling to challenge electoral misconduct for the sake of perceived “stability”? Will Al Shabaab attempt to disrupt the elections or the campaign, or international support efforts? Will his role in the process enhance the campaign prospects for George Saitoti? What will be the impact on other candidates? What will be the impact on the presidential campaigns’ appeals to Muslim voters and organizations and will there be efforts by candidates to mobilize votes on the basis of religious tensions as well as ethnicity? I could go on and will try to explore this in coming posts.

Here is the latest summary on the war from the African Conflict Prevention Program from the Institute of Security Studies in Pretoria:

Somalia: Kenya’s Military Offensive in Somalia

Kenya’s defence minister, Yusuf Haji, has called on the international community to provide logistical and financial support for his country’s on-going military offensive against Al-Shabaab in Somalia, particularly to enable the operation to take over the port-town of Kismayo. In justifying his call, the minister argued that even though Kenya’s Operation Linda Nchi was in response to a provocation by Al-Shabaab, Kenya is acting broadly in the collective interest of advancing international peace and security and fighting terror. It therefore requires the support of the international community in order to meet its objectives. Haji stated that the prime aim of the operation is to create a buffer on the Somali side of the border which should prevent the incursion of armed groups into Kenya. The debates and expectations of taking over Kismayo, in his view, are only imaginary.

The call for resources comes in the wake of developments regarding the United States’ withdrawal from Iraq and the recent United Nations endorsement of the merging of the Kenyan Defence Forces into the African Union Mission in Somalia (AMISOM). Within this context, there are good chances of Haji’s call being heeded by international actors and stakeholders. The uncertainty concerning the taking of Kismayo, however, raises two key issues. Firstly, in the event that the strategically important town remains untaken it would ensure that Al-Shabaab would remain a strong threat. Furthermore, the group can continually access the necessary resources needed to resist Kenya’s incursion. Secondly, given the expectations that have been built among the public about the taking of Kismayo, any delay or a change in strategy needs to be clearly communicated to Kenyans so as to help sustain public support for Operation Linda Nchi. This will help allay the perception that operational challenges and Kenyan fatalities have prevented the taking of Kismayo.

In a related development, Al-Shabaab is reported to have elevated Sheikh Ahmad Iman Ali, a leader of the Muslim Youth Center in Kenya, to the position of supreme leader (Emir) for the Al-Shabaab cell in Kenya. Sheikh Ali and his organisation have in the past been blamed for supporting Al-Shabaab through fundraising and the recruitment of fighters. He is known to have been operating in Somalia since 2009. His elevation appears to be a move by the group to organise its activities in Kenya more robustly in order to be able to take the battle into Kenya. Moreover, this comes in the wake of security alerts by western embassies in Nairobi that a terror plot seems to be underway. Sheikh Ali, has also created propaganda videos and called upon jihadists in and outside Kenya to join his cause. In a recent video produced by Al-Kataib Media Foundation, the official video wing of Al-Shabaab, Sheikh Ali appealed to the group’s loyalists to join the battle, declaring Kenya a war zone and Somalia a land of jihad.

Here is the link to a new policy paper from Ken Menkhaus for the Enough Project: “After the Kenyan Intervention in Somalia”.

DRC: “We have to debunk the idea that it is peace versus transparent elections. The idea that lousy elections are going to bring peace is madness.”

“Congo Opposition Rejects Early Poll Results,” Financial Times [It is a bad sign that “the money quote” is anonymous]:

.  .  .  .

According to the latest partial results, Mr Kabila is winning most support from the mining-rich Katanga province, his stronghold. Some observers have questioned the use of an unaudited voter registration system, which allotted Katanga 4.6m voters, 50 per cent more than the capital Kinshasa, home to 10m people.

A UN Security Council meeting last week noted some electoral irregularities but pressed for a peaceful conclusion to the polls.

“There is no [international] appetite to press for transparency, but just pushing to accept whatever result [the poll commission] comes up with is not going to bring peace,” one Congo expert told the FT. “We have to debunk the idea that it is peace versus transparent elections. The idea that lousy elections are going to bring peace is madness.”

Joshua Marks, of the National Endowment for Democracy, a US-funded foundation, said: “The Security Council wants to avoid violence at all costs. He added: “It’s patronising to the Congolese people. . . You’re still going to have these unresolved grievances in the country and an ever larger number of people against the Kabila regime.”

Despite mineral wealth in copper, gold and diamonds, Congo has slipped to the bottom of global development rankings under Mr Kabila’s latest term, as the country recovers from the 1998-2003 war in which an estimated 5m people died. A clutch of rebel militias still hold sway in the east.

A real election requires credible preparation by a credible election commission and credible dispute resolution mechanisms.  The DRC election has already gone this far (past the actual voting) without the “international community” blowing the whistle.  The Carter Center and the EU observation missions have made clear that there are serious issues with the preparation and execution of the election by the government.   The actors who have supported the process to date need to stay engaged and stay committed as the process continues.

Congolese voters need hope that it makes some difference who they voted for, just like voters anywhere are entitled to expect.  A pretense that the voters cannot believe in can be expected to drive violence.

Here is the Nov. 28 preliminary post-election statement from the Carter Center election observation mission.

IRIN Africa | KENYA: “Perfect storm” brewing among urban poor

IRIN Africa | KENYA: “Perfect storm” brewing among urban poor | Kenya | Children | East African Food Crisis | Economy | Food Security | Urban Risk.