Draft Constitution going to Referendum without amendments

Not surprisingly, Parliament reached agreement on and passed none of the proposed amendments to the draft constitution during the days provided by the authorizing legislation, so the current draft will go to a vote as is. It would seem that many members are significantly disappointed in some or many respects in the details of the document.

How hard will the various major players and prospective presidential candidates work to support passage? Which will work against it–publicly or privately?

Will the voter registration be comprehensive and credible? Will the votes be counted fairly? What will be the involvement of donors in the campaign?

“An Important Day for Justice in Kenya” says Annan–more media coverage of ICC ruling

Scott Baldauf in the Christian Science Monitor raises the issue of whether Kenyan leaders are already working to undermine the ICC.

The Standard: “Ocampo gets nod to nail the ‘Kenya 20′”.


Daily Nation“ICC Judges order Ocampo to probe post-poll violence”.

Xan Rice in The Guardian: “International Criminal Court to investigate violence after 2007 Kenyan election”.

CNN: “Ruling Means Kenyan Leaders Could Face Charges”–Human Rights Watch says ruling could help Kenya “turn a corner”, stresses witness protection.

Kenya Broadcasting Corp: “ICC approves investigations into Kenya’s PEV” from Reuters.

“Two years on, Kenya mediation success fails reality test”–“almost a perfect conspiracy against the Kenyan people”

NAIROBI (AFP) by Jean-Marc Mojon– In March 2008, Kenya’s reconciled foes were trumpeting ambitious reforms and the international community was basking in the glory of a rare African crisis-resolution success.
. . . .
“Something had to be done to end the conflict but perhaps it could have been better thought through,” said Mati, who heads the Mars Kenya Group political watchdog.

Kenyans’ faith in their rulers is at its lowest, the pledged reforms are nowhere to be seen and many argue that, as the government doubled in size to accommodate feuding parties, so did corruption.

Former UN chief Kofi Annan, the chief mediator two years ago, and the Western powers that helped him broker the accord are constantly reminding Kenya of its pledges and sounding alarm bells over impunity and resurgent tribalism.

On at least his fifth visit to Kenya since the signing, Annan on Friday again spoke of “concerns and frustrations”.

“The international community and the mediation team believed in this agreement more than the Kenyans did,” argued Tom Wolf, a Kenya-based governance consultant and pollster.

The incumbent President Kibaki was behind then opposition leader Odinga in opinion polls but surged past his rival in the final stages of a delayed and confused vote-counting process.

The internationally-backed commission probing the ballot claimed it could not determine a victor, Annan urged Kenyans not to dwell on the past and some Western diplomats admitted that knowing who won was the last of their concerns.

The feuding camps “were forced into marriage without opening the pandora’s box of the election’s real outcome,” Wolf said.

A US government-paid exit poll by the International Republican Institute gave Odinga the edge but was kept secret and a Gallup poll nine months later showed that only 25 percent of Kenyans thought Kibaki had won.

As a result, the basis of the power-sharing deal was perceived as being quite different by either side.

What was touted at the time as a 50-50 deal Prime Minister Odinga himself now bemoans as a raw deal, with Kibaki’s people holding the interior, justice, finance and foreign afffairs portfolios.

The dysfunctions of the coalition have been plain to observe since, culminating in Odinga sacking two ministers implicated in graft scandals last month only to see his move vetoed by Kibaki.

Wolf argued that the colossal reform wishlist the West slapped on the newly-formed coalition would be “overwhelming for any government, however unified and well-intentioned.”

“It was as if Western diplomats were trying to prove they were still relevant. The crisis made them look incompetent because they didn’t predict it,” he said.

One of them admitted to shortcomings and also highlighted an undesired side-effect.

“Given other instances in Africa since Kenya, I think we need to look at the message we sent,” said the diplomat on condition of anonymity, referring to political unrest in Zimbabwe and Madagascar.

“I think many authoritarian regimes could see the scenario as rather attractive: you want to stay in power so you rig the election, raise the spectre of ethnic violence and wait for a panicked international community to broker a power-sharing deal,” the diplomat argued.

Despite its poor performance over the past two years, the prospect of the coalition’s collapse following recent skirmishes is met with fear that ethnic strife could be re-ignited.

But Mati argued that while they may not manage to agree on substance, Kenya’s foes were happy to keep the shell as it is.

“The truth is that Kibaki won’t end it because it would end his presidency, Odinga won’t end it because it’s as prime minister he gets attention and the ministers won’t end it because they have ministries to run and loot,” he said.

“It’s almost a perfect conspiracy against the Kenyan people.”

“Birtherism” Editorial: Obama born on Chinese warship off Peru’s coast?

Editorial: Obama born on Chinese warship off Peru’s coast?

http://www.knoxnews.com/news/2010/mar/22/obama-born-on-chinese-warship-off-perus-coast/

knoxnews.com

At some point this “birtherism” becomes a significant question about American democracy.  Are we becoming better informed or less well informed in the “information age”?  What are the limits to “urban legend” and “suburban legend”, if any?  To what extent do politicians try to ride the “coattails” of these type of legends?  Will we see (or experience and not see) more active efforts by “mainstream” political players to organize or more actively exploit this sort of thing?  On the “birther” matter specifically, how will this play out with simultaneous campaigns in the US and Kenya in 2012?

I am sure that most Americans who have lived in Kenya recently have experienced strange incidents of people telling them stories or asking questions about Obama being born in Kenya.   I had a prominent lawyer from Texas tell me about how in Kenya it was common knowledge that Obama was born there and that there was a “big monument” to reflect this–and that he had been told this by “African-Americans”.  I had to explain that I had lived in Kenya for a year during the 2008 American and Kenyan presidential campaigns and managed to completely miss this while I was there.

Washington and Nairobi

House Committee on Foreign Affairs March 24 hearing: “An Overview of US Policy in Africa”. Johnnie Carson’s prepared statement.

Carson refers to “flawed elections in places like Zimbabwe, Ethiopia and Kenya” and notes the importance of upcoming elections.

Over the next two years, 27 countries in sub-Saharan Africa will hold elections. We encourage those governments to get it right. To level the playing field, clean up the voter rolls, open up the media, count the votes fairly, and give democracy a chance.

To stay abreast of developments in these important contests I’ve instituted a monthly meeting with NGO’s to discuss upcoming elections, including sharing experiences and best practices, and ensuring that scarce resources are equitably spread throughout the continent.

In Kenya, for example, which is scheduled to hold elections in 2012, we have redoubled our efforts to strengthen democracy and governance in the wake of 2007-2008 post-election violence. Our multi-year investment in strengthening Parliament continues to show strong results: as a result of U.S. institutional capacity building and material support, Parliamentary business is now broadcast live across the country to an eager and interested audience. We also co-hosted, in conjunction with the strong assistance of the House Democracy Partnership, Members of Parliament in order that they benefit from the experience of their peers here on Capitol Hill. As part of our efforts to empower independent voices in Kenya, we sponsored the National Youth Forum, which brought together leaders from all youth-oriented civil society groups to work jointly on democracy and reform initiatives. On the other hand, the Secretary warned that there will be “no business as usual” with those who impede democratic progress. This is not an idle threat as we already revoked the visas of selected high-ranking government officials and sent warning letters to others.

We will continue to work with, support, and recognize Africans who support democracy and respect for human rights. This includes working with governments, local NGOs, and international actors to highlight concerns such as security force abuses, infringements on civil liberties, prison conditions, corruption, and discrimination against persons due to their sexual orientation.

Meanwhile, back in Kenya Macharia Gaitho writes in The Nation about the start of voter registration and the fear and skepticism faced by citizens when they hear the politicians extol the process–Kenyans Must Be Promised Peaceful Elections in the Future.

A common thread is that registering to vote will only be worthwhile if there is a true and honest account of what went wrong in 2007; and if there is rock-solid assurance that the elections will never go so badly again.

Status of Reforms and Recounts in Kenya

We are now down to the last four days of debate in the Kenyan Parliament on a draft constitution.  The MPs appear fractured along the lines of competition for 2012 (party and factional splits) and on a regional/ethnic basis over issues of sub-national governance structures.  Changes to the current Committee of Experts draft require a 2/3 approval which appears to be a difficult hurdle.

If Parliament is unable to reach a broad consensus on changes, as appears likely, the referendum will go forward with the draft “as is”.  This will mean that there will be a lot of groups and interests that are not really happy with it, including some who have pledged or threatened opposition.  This will call everyone’s bluff at some level.

My guess would be that the current draft would be perceived by the voting public as enough of an improvement–and symbolically important enough in the post-2007 environment–that it will have broad support.  At the end of the day, I suspect it would be mostly people currently sitting in government in some form who would prefer the status quo.  It may well be that we will have behind the scenes efforts toward defeating the referendum from some politicians that offer a lukewarm endorsement in public.  Regardless, I suspect Kenyan voters will have a heightened resistance to being manipulated.

On other issues, Capital FM reports that a group of religious leader presented a memorandum to Kofi Annan during his present visit to Nairobi that seems to summarize well:

“We are concerned that political leaders, on whose shoulders the burden of implementing the reform agenda was placed, have shifted their focus to the 2012 general election,” the statement read.

They continued to say: “The situation is made complex by the fact that one principal is retiring while the other is firmly in the 2012 presidential race. This has made synergy remote since succession politics rather than national wellbeing is the overriding consideration in their minds.”

The leaders also told Mr Annan that very little effort had been made to address underlying issues classified as the root causes of the 2007/2008 post election violence.

They rated the government’s effort almost at zero in dealing with poverty, unemployment and regional inequalities which are some of the challenges that were identified as primary causes of the violence.

According to the leaders, the government was also not doing enough to realise land reforms despite the Cabinet passing a new land policy, “This is quite sad considering that land ownership and use was one of the causes of the post election violence.”

But they appreciated that a lot had been achieved in constitutional reforms though they expressed worries that political, ethnic and religious interests had almost overshadowed the national concerns.

They also called for consensus to ensure that the draft enjoys majority support when it will be subjected to a referendum.

On the issue of prosecutions from the post-election violence, the Justice Minister says the ICC is acting too slowly (like Kenyan courts) to approve Ocampo’s request to authorize a formal investigation. He says that a new effort to pass a “local tribunal” is first up following the consideration of the constitution. (Of course, the lack of finality/clarity about the potential for local prosecutions may be a primary issue restraining the ICC.)

Voter registration is underway. There are complaints about the slowness of issuance of national ID cards to potential new voters in some areas, but overall no surprising controversies that I am aware of yet.

Judicially supervised recounts continue in parliamentary challenges from the 2007 election. They are recounting the yellow ballots for parliamentary candidates. Hmm. Seems like it would be interesting to count the pink ballots for president, too. This is what the EU called for when the election results were disputed–but was dismissed as not possible by the US through Ambassador Ranneberger. Would have also been interesting for the Kreigler Commission to have done some sample recounts also. I’ll develop this further in subsequent posts . . . .

Washingtonpost: Sudan prez threatens to expel election observers

Sudan prez threatens to expel election observers

By SARAH EL DEEB
CAIRO — Sudan’s president threatened Monday to expel foreign observers over their recommendations to delay the country’s first multiparty elections in decades due in April.

The “Nairobi Curse”

This is Kenya’s version of “the oil curse” or “the resource curse”.

Nairobi is the place to be in Sub-Saharan Africa (and outside of South Africa) for international meetings and conferences.  It is a relatively comfortable place to live for middle class or wealthy Westerners, or young aid workers.  An international city with a certain level of cosmopolitanism, yet of manageable size and scope relative to so many burgeoning cities of the less developed “South”.  A headquarters for two UN agencies.  A diplomatic critical mass, with lots of representation from all sorts of countries around the world that have little obvious presence in Africa, but also a crossroads for representation of everyone playing for a major piece of the pie (Iran, Libya, China, India, the Gulf States–as well as obviously the US and Europe).  And you can go on business, and then take a safari on the side.

From the US, soldiers go to Djibouti (the Combined Joint Task Force-Horn of Africa, at Camp Lemonier) while diplomats go to Nairobi.  The US runs its Somali diplomacy from the Embassy to Kenya rather than Djibouti which would be the more obvious place on paper.  Likewise, Somali politicians tend to live much of the time in Nairobi.   Nairobi is the place to invest cash generated in Somalia.

Nairobi is the “back office”, and in some cases the only office, for much of relatively huge amount of US aid-related effort for Southern Sudan, as well as that from other countries.

Nairobi has something like 8% of the Kenyan population, and perhaps 60% of the GDP (don’t let anyone tell you they know any of these figures too precisely).  Perhaps 50-60 percent of the population lives in informal settlements (“slums”) whereas the other half lives as “the other half”.  Most national level Kenyan politicians holding office live primarily in Nairobi (although they may have homes in a constituency they represent in Parliament as well).

When I was the East Africa Director, based in Nairobi, for IRI (where our much bigger Sudan program was also  headquartered) as an American I felt that my government at that time (2007-2008) was falling into the trap of recreating a Cold War paradigm for our international relations by looking around through our “War on Terrorism” telescope.  And that in Kenya there were a lot of international interests that valued stability over reforms for reasons that related more to the current role of Nairobi than the long term interests of Kenyan development.

Certainly Nairobi is a resource that has great value–as does oil, for instance–it’s just a question of whether Kenyans can find a way to use it to the broad advantage of the nation or whether it will continue to be exploited to disproportionately benefit the most powerful.  Including being used to help keep them in power when more Kenyans want democratic change.

Just this past week Kenya hosted an IGAD meeting on Sudan–and flouted its obligations as a party to the Rome Treaty on the ICC by inviting President Bashir of Sudan while under indictment.  Meanwhile the ICC is considering whether to allow formal  investigation of key Kenyan leaders for the post-election violence from 2007-08.  But Nairobi is such a great place to have these conferences . . . and Sudan is so important (Khartoum is no Nairobi, but it has oil).

Nairobi Kenya Microsoft billboard "We see Africa's potential"
“We see Africa’s potential”