Update on the Egypt NGO trials, and an appeciation of “the local staff” working for democracy

The Christian Science Monitor published an update today by Dan Murphy on the lingering situation of the trials of international NGO workers from the staffs of NDI, IRI and the Konrad Adenauer Foundation in Egypt:

“Mostly forgotten, Egyptian trial of U.S. NGO workers drags on”

. . . .

The departure of most of the Americans took the air out of musings in Washington that Egypt’s US aid would be cut off in retaliation and in general press coverage of the case. Further easing concerns were the eventual charges, around the question of illegally receiving foreign funding for the NGOs, which carries jail time, but not a death sentence. Press coverage has dwindled to a trickle.

Civil society growth at stake

Yet the stakes of the ongoing trial, which is scheduled to resume on March 6, loom large for the future of the development of civil society in Egypt as much as they do for the 13 Egyptians, American, and German who have remained behind. “The government has successfully stigmatized the NGO world,” says Becker.” [The American NDI worker who stayed behind with the Egyptians.]

“It’s very lazy to to class this as an American-Egypt battle, or about the former regime versus the revolution,” says Halawa, who joined NDI in Cairo in July of 2011 and worked on training Egyptian political parties on grass-roots organization, poll-watching, and outreach. “It’s about civil society in this country and the ramifications are quite huge. You get the feeling that people are quite scared. We joined up with the revolution, to fight for free elections, most of us were election observer, and most of us weren’t planning to stay on much longer.”

Halawa and other defendants complain that Egypt’s NGO community has not rallied around them, frightened off by the early claims in the Egyptian press that they were spies or guilty of treason. That tactic was a staple of the Mubarak-era, and the meme was pushed hard by Mubarak holdover Fayza Aboul Naga, minister of international cooperation until earlier this year, who had long been at the sharp end of Mubarak-era efforts to prevent civil society from flourishing here.

[Update: see this excellent McClatchy story for Jan. 16, “Egyptians democracy workers still on trial for helping U.S. groups”]

I think this is the time for me to say something long overdue about the Kenyans (and one third-country national) who reported to me as “local staff” for the Kenya and Somaliland programs when I directed the East Africa office for IRI in Nairobi in 2007-08. The local staff made the programs run successfully and taught me most of what I learned about Kenya. I loved working with them. As the only American there, I got a disproportionate share of the recognition and appreciation, but we were all especially dependent on the local staff because IRI was short-handed for East Africa in Washington. When the New York Times called me in July 2008 after the embargoed IRI exit polI showing an Odinga win was released at by CSIS in Washington, I sent the Times a written statement following my interview. I included this, although it wasn’t “news” when the story finally ran the next January:

The local IRI staff in Kenya did an outstanding job with the hard work of the election observation and keeping the office and programming together under very trying circumstances. I am very proud of the job they did with all of our programming. The exit poll was primarily handled by Strategic and UCSD and myself—if it failed in its execution that would be my responsibility and not that of anyone else in the office. As far as the decisions regarding whether or not to disclose the results to the Kenyan public, those were made in Washington and were outside the control of the local staff.

I hope that IRI and NDI and the Konrad Adenauer Foundation are able to be of substantial aid to those stuck facing trial in Egypt for simply working for democracy in their own county for these organizations. These people should not be forgotten.

Warnings to Take Seriously for Kenya’s March Election . . . and something to enjoy

The Council on Foreign Relations has just published a “Contingency Planning Memorandum No. 17” regarding “Electoral Violence in Kenya” by Joel Barkan, of CSIS and professor emeritus from the University of Iowa.

Well worth a careful review. Joel Barkan is a dean among the community of American scholars of Kenyan and East African politics who has also worked on the democracy and governance assistance side with USAID in Kenya during the birth pangs of 1992 and made the transition to the policy world in Washington through his post at the CSIS Africa Program and activities such as helping to spearhead the “Kenya Working Group” to put together a broad range of people in Washington working on Kenya issues to generate necessary focus within the U.S. government. Joel was our “resident expert” among the Election Observation delegates for the International Republican Institute observation for the 2007 Kenyan election and had the singular position of being independently identified as someone we wanted as a delegate by both IRI staff and as a “suggestion” to me from Ambassador Ranneberger.

Someday, when a careful history is written of the last Kenyan election and its aftermath, Joel will be noted as one of those who helped the United States get its diplomatic response turned around in part so that we were then able to assist in addressing the crisis presented by the failed election. He spoke out from Kenya and immediately afterwards back in Washington about the obvious failure of the ECK central tally in Nairobi–and raised in Washington the failure to release and use the IRI/USAID exit poll data as a clear indicator that the ECK’s announced numbers did not justify the intransigence being shown by Kibaki and his networks of “hardliners”. Thus, Joel is an obvious person to pay attention to in preparing for the 2013 election.

Let me also flag the comment to my last post entitled “Countdown to Chaos” from Andrew J. Franklin, an American former Marine who has lived in Kenya since the 1970s. I don’t know Mr. Franklin personally yet outside the blog, but this is a warning “straight from the ground” in Kenya, from someone with involvement in the security business. It is a lot easier for expats in Kenya to keep their heads down and say nothing, so I take his cautions with extra gravity.

In closing, let me refer you to a video from bloggingheadstv.com with Mark Leon Goldberg of UN Dispatch and Wycliffe Muga of Nairobi’s The Star. Regular readers will have noticed that I cite Wycliffe Muga’s Star columns frequently as having noteworthy insight. I didn’t get to meet nearly as many Kenyan journalists as I would have liked while working the last election, in part because I wasn’t wanting to be in the media myself and in part because I was just too busy with the immediate demands of the job with the programs I was responsible for. Nonetheless, I did get to meet Wycliffe in person early on and got tutored in some important intricacies of Kenyan politics, both historically and in terms of the current situation in Mombasa at that time where he was living then. I will call Wycliffe a friend, like Joel, in the interest of disclosure and because I like them both–but please don’t assume that either of them necessarily ever agree with me on anything I write here!

I think it might be fair to call Wycliffe something of an “Ameriphile”, which of course I appreciate as an American myself. In this bloggingheadstv discussion, Wycliffe perhaps provides a “shot in the arm” for those of us who might get discouraged by some of our more feckless foreign policy moments and expresses appreciation for what the United States did ultimately do in applying muscle to leverage a mediated settlement of the Kenyan 2007-08 election crisis, as well as, in particular, health assistance in the form of PEPFAR.

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Freedom of Information Series (Part Eleven): Better to Learn More Lessons from Kenya’s Last Election After the Next One?

Back last May I had checked in with the State Department’s Freedom of Information Office about the status of outstanding documents from my 2009 FOIA requests regarding the 2007 Kenya elections.

At that time the FOIA Office wrote me that State Department documents about the IRI and USAID Exit Poll had finally been received from the Africa Bureau, presumably including the U.S. Embassy in Kenya, in addition to just the Central Records in Washington. (From what I had been told by the FOIA Office previously, the Africa Bureau did not respond for well more than two years following my original FOIA submission.) The estimated additional time to review and release documents was six months, to November 30, 2012.

November 30 came and went with no documents. i wrote to request release on an expedited basis due to the new elections upcoming but got no response. Checking back I was eventually given a new date of May 2013, after the new Kenyan elections.

A lot of people in a variety of capacities in the U.S. government, or otherwise funded by U.S. taxpayers, are working on matters involving the March Kenya elections. Likewise, from other donor governments and international organizations. And of course Kenyans who bore the actual effects of the disaster in the last elections have the most at stake in the new elections. Why further delay disclosing and addressing the documentary record from 2007?

Impunity for election fraud in 2007 makes the 2013 Kenya elections riskier. Even though there will be no accountability now, Americans and Kenyans should at least know as much as possible about what happened.

Worth reading on Kenyan pre-election violence, and challenge ahead for March election

“John Githongo: Former Anti-Corruption Czar on a mission to change Kenyan leadership” from November 2012 Think Business at “Kenyan Magazines”:

Based on Inuka Kenya’s mapping using information provided by credible Kenyan organisations and partners, more than 480 people have been killed since January 2012 in this violence. “It is pre-election violence associated with the new boundaries and the struggle for power. It is so insidious that it is almost passing unnoticed,” says John.

The new constitution, he adds, poses a lot of challenges for the transition process in terms of implementation. We have created new boundaries, instituted a system of devolved government and initiated new laws. Even the more developed economies have not attempted to implement the number of changes we are attempting to implement at the moment at one go. “We are a very versatile people but we will be tested in a way that is unprecedented.” He worries that the danger of things falling apart is that the disillusionment that might follow will cause Kenya to implode, not to explode, “Like an ice cream melting in the sun.”

“The biggest challenge the IEBC faces” by Wycliffe Muga in The Star.

 

Election Observation as “Diplomacy or Assistance” continued–how I spent my pre-election Christmas in Kenya

In my Freedom of Information Act Series I have described how then-Ambassador Ranneberger got his predecessor, Ambassador Mark Bellamy removed from the International Republican Institute’s Election Observation Mission shortly before the last Kenyan election, implying an objection to Bellamy from the Kibaki government. While IRI capitulated in removing Bellamy, I was told to accept “no more b.s.” from Ranneberger in interfering with the IRI Election Observation.  As problems continued to arise, this is a letter I wrote to my USAID officer on December 22, 2007, five days before the voting:

I think that you and I have had a good working relationship over a period of months until just recently, reflecting efforts and intentions on both our parts.  The problem now is that we are in a position of working in part at cross purposes, regardless of how much effort we continue to put into trying to be cooperative.

Previously I thought that you had some real level of agreement with my basic position regarding IRI’s independence, in spite of the contradictory viewpoint of the Ambassador.  At this point, it seems clear that we just do not have a meeting of the minds about this.

As far as IRI is concerned a major line was crossed last week and we expected that there would be as a result of Lorne Craner’s intervention a recognition that IRI’s independence would be respected going forward.  Unfortunately, the only substantive change seems to be that we have one less delegate–one of the best qualified members of the team that we had selected.  And of course people in the State Dept. did know what our own plan was before the Ambassador intervened.  I find the whole situation embarrassing personally.

I have tried to move us to a situation where we agreed to document at least by e-mail the specific things we were doing in terms of direct involvement of the USG with the IRI EO.  I think this is the least we should do and was intended to move us forward in terms of making sure we all understood each other, both personally and contractually.  I am tired of suggestions, directions, demands, “markers”, etc. to do things that people are not comfortable putting in writing.  If it should not be put in writing, maybe it should not be part of how we conduct ourselves here.

There are a variety of basic things that USAID can do that would in fact help IRI do the best it can.  One easy and obvious one would be to add IRI to the distribution list for ECK events, recognizing that the ECK is not at the point of providing IRI with timely notice, or in many cases, any notice, of its activities.  The other would be to provide us security information to assist us in protecting the safety of our teams.  Certainly having ——– come over and brief the teams is a big help.

 As far as I am concerned, if IRI is not substantively independent, rather than just offering an appearance or representation of independence, then all of our work here is at best a waste of time in terms of actually providing assistance to the Kenyan people as per the MOU between USAID and the GOK.  At worst, we could undermine the ability of IRI to accomplish anything substantive in Kenya in the future and taint our election work elsewhere.  IRI adds value if we are independent; we do not add value if we are not independent. (emphasis added)

Please give consideration to this and let me know what you suggest.

At the end of the day IRI’s final report on the Election Observation found strong evidence of fraud, when it was released more than six months later in July, and IRI released the Exit Poll indicating an opposition win one more month later, in August 2008. By that time the election was long over and the President along with his initial appointees stayed in office. The next chance for Kenyans to vote will not be until  March 2013.

Election Observation–Diplomacy or Assistance?

“The Devil Made Him Do It”; Why I am going to boycott writing about Kenya’s presidential race

Reflecting on the state of the Kenyan presidential race in its closing weeks, I had come to the conclusion that there was very little I should say, because it seemed that there was just too much “backstory” and intrigue behind the scenes that was not in the media and I was not privy to.  It becomes misleading to pretend that what is apparent on the surface counts for more than it really does.  Certainly a crucial lesson from the 2007 election.

Today, as voter registration is wrapping up, Musalia Mudavdi has revealed and Uhuru Kenyatta has admitted that the two signed in the presence of their lawyers an agreement two weeks ago, on the “coalition” deadline, for Kenyatta to step aside in favor of Mudavadi for the TNA/URP/UDF–“Jubilee Alliance” nomination.  Facing a revolt within his TNA party, Uhuru now wants out of the deal on the basis that he signed under the pressure of powerful forces who claimed that such a move would be in the national interest of Kenya.

The Standard: “Uhuru rescinds decision to back Mudavadi”

Uhuru rescinded his support for Mudavadi as Jubilee presidential candidate and said the decision on who will carry the alliance mantle rests with delegates.
He confirmed authoring the document and signed it but claimed that he was coerced by ‘the devil’.
He said on Tuesday that powerful forces convinced him that his presidential bid was bad for the nation as Kenya would face international sanctions if he wins the elections and that Kenyans were not ready for another president from Mt Kenya.
He confirmed that MPs forced him to rescind his decision and said only delegates will sign.

In the meantime, the IEBC voter registration effort is wrapping up.  It appears that the final totals will be well short of the announced goal of 18 million voters, but in excess of the new fallback target the IEBC announced of 12 million (or 1/3 less).  The 2007 figure was 14,294,739 per the IRI/UCSD/USAID Exit Poll.

Jamhuri Day, Christmas and the Year Ahead

Happy Jamhuri Day to my friends and readers in Kenya (and Kenyans in the diaspora–even if you don’t get to vote this time!).

FRESH TEA
Fresh Tea

It has been a week since my last post, even though so much is happening on a day to day basis with the Kenyan election and lots of other news in the region–this reflects a few different things.  For one, perhaps what we could call a “Christmas armistice”.  I live in a peaceful place, and I am enjoying the “festive season” here with my family and am committed to a less digital Christmas.  We’ve survived another election here in the States (in spite of ourselves) and there are a several weeks left in the campaign in Kenya and this is a good time to step back a bit.  In particular, for my family, this is the last Christmas before my daughter goes off to college.  I took my son, our youngest, to get his driver’s license yesterday.  These are the things that can’t wait (and that are uniquely my responsibility).

For another, I have been at this blog steadily for three years.  It’s been through various evolutions and trends and this is an appropriate time for reflective recalibration about what I want it to be going forward.  And in the meantime, there are 601 posts out there for those interested.  And too many of those are just “news” and not real writing, and I do know that I want to get back to “better” rather than “more”.

A third is that I have both new freedom, and new constraints that I need to adjust to.  When I started this blog, and for the first two-and-a-half years, I was a lawyer in the defense industry.  For this reason, I always needed to keep a strong separation between my blog and my professional life.  When I attended the African Studies Association or participated in a “bloggers’ roundtable” at the Millennium Challenge Corporation I was on vacation from my job and generally didn’t talk about it much (both awkward and expensive).  When I was living in Kenya and working for the International Republican Institute I kept entirely away from the job from which I was on leave back home.  Now that I am an independent lawyer, I can synthesize what I know from my prior legal experience and otherwise what I do for a living with the blog to whatever extent I chose, so this is easier.  At the same time, I am also now available professionally as a consultant in matters involving East Africa and have accepted some work, so I need to avoid any conflicts arising out the transition from being purely an avocational commentator.

One thing I have reflected on this past week is the issue of how much is similar and how much is dissimilar between the 2007 campaign in Kenya and the 20012/13 campaign.  All of the major players are the same, although Kibaki will be transitioning from President to “retired President” as Moi is called, and is thus not a candidate himself.  I did get somewhat acquainted at that time and in that environment with Raila and Kalonzo and Mudavadi, and did meet Ruto although never sat down with him.  Uhuru and Dr. Willy Mutunga, who was then at the Ford Foundation and is now Chief Justice, were the only people that ever turned down a meeting request on my behalf when I was IRI Director (a nice symmetry in terms of KANU/Establishment versus Civil Society/Activist roles) so I do have some real sense of many of those involved.  On the other hand, a lot has changed in Kenya, for better and worse, since 2007/08.  So although I know much, much more about Kenya from what I have done from here since I moved back, I don’t want to fall into the trap of relying too much on past experience.

One thing this adds up to is that I do want to write more about “democracy promotion” or “assistance” as a subspecies of “foreign aid” in Africa beyond just the current and most recent past campaign in Kenya.  I also want to do more with East Africa as a region in interacting with the United States–I drafted a “year in review” summary regarding IGAD for a bar committee I am participating in which reminded me of interesting things to explore about how domestic politics in Kenya and in the U.S. will influence cooperation and integration among the East African and HOA states. And then there is Somaliland, which is near and dear to my heart, but I am very cautious in writing about.

For now, I’ll leave you with a few links:

“Uhuru Kenyatta did NOT donate 85 million to Mitt Romney’s campaign” says The Kenyan Daily Post.

Alex Thurston in the Sahel Blog: “Amb. Susan Rice as a Window into U.S. Africa Policy, 1993-Present”

“Whither Somalia”–Mary Harper, Bronwen Bruton at USIP

Friday Reading [updated]

Update–here is a new blog post from Progressio on the Somaliland election: “Election hots up, but remains largely peaceful.”

Somaliland election–preliminary observation report due on Monday.. Initial impressions are generally positive.

Turnout is low in Kenya’s voter registration so far.

The legal petition challenging the legal eligibility of ICC defendants Kenyatta and Ruto to seek the Kenyan presidency was suddenly dropped Thursday. The civil society petitioners’ lawyer, Ambrose Weda, “promised” an amended re-filing that would also seek an eligibility ruling on the other 3 candidates, Kalonzo, Odinga and Mudavadi:

There had been speculation that the group withdrew their petition as a result of pressure. Lawyer Ambrose Weda denied this, but in an interview with DW’s “Africalink”, political analyst Martin Oloo said he believed that they been under intense pressure and that “with the passage of time, we’ll get to know the details.”

Kenya National Commission on Human Rights has released a detailed report on the Tana River violence: well organized and planned attacks and killing. Fundamental tension over resources will remain unless/until solved. Download “28 Days of Terror in the Delta”.

Andrea Bohnstedt in The Star: “Anti-Corruption Fight in Uganda Seems Dead”.

James North in The Nation on M23, the DRC, Rwanda and the West.

U.S. Policy Toward a Post-Election Democratic Republic of Congo, Feb. 12, 2012 Testimony of Daniel Baer, Deputy Asst. Sec., Bureau of Democracy, Human Rights and Labor, before House Subcommittee on Africa, Global Health and Human Rights; Testimony of Don Yamamoto, Principal Deputy Asst. Sec, Bureau of African Affairs, Dept. of State; Testimony of Sarah Mendelson, Deputy Asst. Admin. for Democracy, Conflict and Humanitarian Affairs, USAID.

Good reads

“Kenya’s once safest town, now famous for the wrong reasons” Xinhua,

Kenya’s northern town of Garissa that was once voted as the safest town in East and Central Africa by Interpol has all of a sudden lost its glory as it continues experiencing a spate of grenade and gun attacks allegedly being executed by Al-Shabaab militants. . . .

“Somaliland Elections: Everything’s fine, except when it isn’t” Progressio Blog.

“Why fighting corruption in Africa fails” by William Gumede in Pambazuka News.

The Citizen reports on the release of the 2012 Afrobarometer “Round 5” poll for Tanzania, highlighting growing public perception of corruption by the CCM government.

Djibouti–what’s next in French Somaliland?

“Developing Djibouti: An American Imperative” by Saleem Ali of the University of Queensland at NationalGeographic.com:

A nominal democracy, the country has been relatively peaceful yet still desperately poor. I had an opportunity to visit Djibouti recently after a visit to Ethiopia for the United Nations African Development Forum. My curiosity to visit this country was sparked by an article I had read in The Washington Post regarding the expansion of US military presence in the region. Landing at Djibouti International airport, one is alarmed to find one side of the air strip almost completely populated by US Airforce presence. The country is also among the few places in the world where drone aircraft can be seen on a civilian air strip, often overwhelming civilian traffic. The presence of these prized new airforce stealth weapons in Djibouti comes from its proximity to the Arabian state of Yemen which has become an increasingly significant hotbed for Al-Qaeda.

Talking to locals, there was little resentment towards American presence but also not much to show for their positive impact on the country. Occasionally one would hear stories of US soldiers volunteering for community service or building some unusual desert residence for local villagers, but the overall development impact of US presence here of over 3000 personnel has been minimal. Unemployment is still over 40% and much of the money that comes in from foreign investment is funnelled back to the foreign-owned businesses in the city. The US government pays only $38 million per year to lease the airfield for the drone operations and the African command base here which is under further expansion.

The lack of US investment in Djibouti is a tremendous missed opportunity to develop a country which could be a low-hanging fruit for citizen diplomacy with the Muslim world. With only 900,000 people and a relatively small land-base and a highly urbanized population, developing Djibouti with aid investment would be very easy to do. . . .

While “easy” may be an exaggeration, I agree with Ali’s point that Djibouti is a place where the United States ought to be committed to “showing our stuff” in terms of development capability.  And of course, as I have written before, a key place where delivering on democracy assistance in advance of, rather than behind, a crisis, ought to be feasible.

h/t John Brown’s Public Diplomacy Press and Blog Review