Turning Point in Kenya? Update on opposition to Kenyan anti-NGO and Media Bills

“Freedom of Expression is Your Right”–Subversive NGO Solganeering in Kenya’s Neighbor Uganda
"Freedom of expression is your right"

Opposition to controversial Kenya Media Bill heats up” Sabahi Online via AllAfrica.com

Cuts in foreign funding for NGOs intended to silence critics–Human Rights Watch” from Trust.org

William Ruto and his Ethiopian host had chilling message on media freedom” from Macharia Gaitho in The Daily Nation.

Kenya attempts to silence civil society“, Freedom House Spotlight on Freedom.

For perspective (not just to say I warned you so) see my post about Kenyatta and media freedom from December 2009:  “More Government of Kenya action to muzzle media”:

The Standard reports that it has been enjoined  from publishing stories regarding Deputy Prime Minister Uhuru Kenyatta and the purchasing of government vehicles.  Uhuru sought the temporary injunction to protect his interests and reputation.  Seems like a classic case of a high gov’t official using prior restraint to avoid challenge to his job performance.

This is to me another example of fact that the media environment in Kenya is not quite as free as international commentators frequently suggest.  While there is quite a bit of reporting on corruption, the fact remains that it hasn’t dented impunity, and there is a great deal that is known but not reported, and many stories get started but never followed to conclusion.

After the paramilitary raid on the Standard Group in mid-2006, the US eventually made peace with impunity for this attack on the media.  By the summer of 2007, then-Internal Security Minister Michuki–who famously said of the Standard raid that the Standard, having “rattled a snake” should have expected “to get bitten” for its reporting–was the featured speaker at the Ambassador’s Fourth of July celebration, talking of his recent security cooperation tour in the US.  With this background for its critics in the Government, the press can’t help but wonder how far it can go.

And from March of this year: “Attacks on Kenyan Civil Society prefigured in Jubilee ‘manifesto'”

“And the beat(ings) go on . . .”; as 2007 bleeds into 2013, what would it take for Human Rights Watch and others to make Kenyan politics less deadly?

The latest Kenya release from Human Rights Watch, dated yesterday, decries the terrible beating of Kenyan activist Okiya Omtatah Okoiti.

Omtatah, executive director of Kenyans for Justice and Development (KEJUDE) Trust, a local NGO that advocates for transparency and accountability, was attacked by two unidentified men in central Nairobi. He lost six teeth and suffered serious injuries to his face and the back of his head, which required surgery. Omtatah told Human Rights Watch and ARTICLE 19 that the attackers demanded that he withdraw a lawsuit he filed to demand accountability in the procurement of biometric voter registration (BVR) kits because of corruption associated with the process.

“This vicious attack was clearly meant not just to intimidate Omtatah but to seriously injure him – and perhaps even to kill him,” said Leslie Lefkow, deputy Africa director at Human Rights Watch. “The aim seems to be to stop his work on corruption in the procurement of biometric voter registration kits for the upcoming elections.”

Certainly this is a crucial and timely issue in working toward integrity in the upcoming Kenyan election and in protecting an activist who took a big risk in pursuing legal action against election-related corruption. So kudos to Human Rights Watch and Article 19 for calling attention to the attack. Unfortunately, it is hard to imagine that anything will actually happen as a result of this statement that “[t]he Kenyan authorities should promptly and thoroughly investigate a serious physical assault . . . and bring appropriate charges.” Of course, they should–that goes without saying; of course. they won’t.

Why won’t they? Are they confident they can wait it out and the outside actors and international players who care about Omtatah now will move on to the next outrage, the next victim, without really disrupting the vicious cycle?

Why would I suggest this? Not to be gratuitously critical of Human Rights Watch or any of the many organizations trying to support human rights defenders. Rather I say this on the basis of my own hard-earned experience with well-intentioned failure in dealing with election fraud and violence in Kenya in 2007/08. I moved my family to Kenya for a year to help support democracy in the last election cycle–we were able to take in a couple of displaced families for a few months after the election, and help a few others a bit, but nothing that I did in my NGO work really changed anything as far as upholding democracy. My organization, IRI, issued a report noting the election fraud, in July 2008, and in August 2008 released the exit poll showing that voters at the polls on election day reported favoring the opposition, before the mark-ups of the tallies for the incumbent at the Electoral Commission in Nairobi afterwards. But these reports were months too late to really matter. It is going to take more to make a difference in the brutal world of Kenyan politics.

So how does Human Rights Watch yesterday describe what happened with the 2007/08 election situation:
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New Somalia and Uganda reports

The Institute for Security Studies covers the Somali transition in its Daily Conflict Prevention and Risk Analysis Report:

A total of 215 parliamentarians were sworn in on Monday, 20 August 2012, at a well-guarded ceremony at the Mogadishu airport, ushering in a new era of reforms in Somalia. The ceremony marked the attainment of one of the key milestones identified by the 2011 consultative meeting on ending the transition in the country. . . .

. . . 20 August 2012 was the actual date scheduled for the end of the transition and therefore Somalia should in fact have had a parliament, speaker and deputies, and a president in place by that date. However, due to delays in meeting a number of the deadlines largely blamed on the politics surrounding the selection and submission of names by the traditional elders, and subsequently the vetting process by the Technical Selection Committee (TSC), the whole process was delayed. As a result, the deadline has passed without Somalia meeting all the important milestones envisaged under the Roadmap.

. . . . The politics surrounding the election of the speaker and the president are two remaining crucial issues. This is because the two positions cannot go to the same clan and, as such, clans may try to play their cards to get the optimum result, given the winner-takes-all-nature of the politics surrounding the transition. The situation is still extremely fragile and the country would benefit from maximum support from the international community, while ensuring Somali-centeredness and ownership. Although Somalia did not meet the deadline for the selection of the speaker and the president, the swearing-in of parliamentarians is a watershed moment for a country that has been riddled with lawlessness for 20 years. The progress made has given new hope to some Somalis and renewed the faith of the international community in the peace process.

Human Rights Watch yesterday released a report “Curtailing Criticism: Intimidation and Obstruction of Civil Society in Uganda”.  See a summary here at “Child Troopers.”  In addition to civil liberties issues, the Museveni regime is cracking down “particularly on organizations that might be seen as infringing upon the officials’ political and financial interests,” according to Maria Burnett of HRW.

“Book Bitings”–Some Thoughts on “Fighting For Darfur; Public Action and the Stuggle to Stop Genocide” by Rebecca Hamilton

June 9 update, h/t Africa Files:  Human Rights Watch Report–“As South Split Looms, Abuses Grow in Darfur”.

I will join with many others in recommending Rebecca Hamilton’s Fighting for Darfur as well worth buying and reading for anyone interested in American policy in Africa, citizen activism in the West as a foreign policy input, genocide as a moral and political challenge and Sudan specifically.  Don’t get lost in the debate without taking time to get the book and read it–it is relatively short and quite accessible for busy non-specialists.

African Arguments features noteworthy reviews by Laura Seay of Morehouse College and Texas in Africa and Alex Thurston of Sahel Blog.

Hamilton was personally involved as a student activist and also worked for a time at the ICC after graduating from Harvard Law School before taking up this book project and journalism full-time.  Combining the roles of insider and journalist lets Hamilton provide the reader with direct access to an unusual range of the players in the activist and political community and those in the U.S. government at the time.  She also has direct experience and follow-up reporting from the camps in Darfur and Chad and sources in Darfur and access to officials in Khartoum.  She was also able to get some of the basic U.S. government documents declassified quickly enough to be used in her reporting.

Hamilton is left asking more questions than she is able to answer in the wake of the failure of the activists to deliver any clear positive change in the situation in Darfur in spite of their success in moving the domestic American political process in such a way that the United States officially engaged in a variety of diplomatic efforts.   Nonetheless, there is significant learning on offer here–and perhaps that learning can save some lives in the future.

It seems that there is some realization that the activists did not know enough about the context and specific background of the complex situation in Darfur as opposed to some other situation of mass atrocities in some other place or time.  There may be ways to address this shortfall in preparation for future conflagrations.  At the same time, I don’t think that it necessarily follows that our government would have accomplished more without the youthful energy and passion of the activists, or that things would not have gotten even worse in Darfur if the United States had not engaged to the extent that it did.

Writ large, this is a reminder that we don’t get second bites at the apple.  Darfur is not Rwanda and cannot offer redemption for our failure to act there.  Likewise, 2003 did not offer a second chance at the situation that the United States faced at the end of the first Gulf War in 1991.  In fact, invading Iraq in 2003 to remove Saddam Hussein ended up hamstringing the U.S. in responding to the newer crisis in Darfur.  Nonetheless, from our failures we can learn, and Hamilton’s is a real contribution.

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On the “to read” list, here is a review from the Stanford Social Innovation Review of More Than Good Intentions:  How a New Economics is Helping to Solve Global Poverty” Dean Karlan and Jacob Appel.

Next “Shoe to Drop”: Besigye to Return to Entebbe Wednesday Morning ahead of Museveni Swearing-in

Wednesday morning the Ugandan opposition/protest leader is due to land at Uganda’s international airport at Entebbe. The Museveni government is giving signs of that much less tolerance on the basis of Museveni’s swearing in as his rule extends for another term in its 25th year. Human Rights Watch has issued a report that is sharply critical of the government over violence against protestors, while the EU Election Observation Mission issued their Final Report on the February election on May 6 with a press release that seems more to address the current Walk to Work situation–and in a way that contrasts with the Human Rights Watch criticism–than the actual election. See quotes below.

Great report today from Will Ross in Kampala on BBC’s From Our Own Correspondent: “Would Uganda’s Museveni recognize his former self?”

One obvious question at this point is why the U.S. doesn’t seem to have more ability to influence the Ugandan military in a more professional direction.

“Human Rights Watch pins Government over Killings” in the Daily Monitor:

At least nine unarmed Ugandans were shot dead – many of them in the back – by government security agents in the recent walk-to-work protests despite not being involved in rioting, a new report says. In a report issued yesterday, Human Rights Watch (HRW) called for a “prompt, independent, and thorough investigation” into the use of lethal force by security forces to counter the protests against the rising cost of living.

“Uganda’s security forces met the recent protests with live fire that killed peaceful demonstrators and even bystanders,” said Maria Burnett, senior Africa researcher at Human Rights Watch. Supporting the need for an investigation, she added: “For far too long Uganda’s government has allowed a climate of impunity for serious abuses by the police and military.” Police spokesperson Judith Nabakooba said the Professional Standards Unit and the Special Investigation Unit (SIU) were investigating all the shooting incidents. “Once there reports have been compiled, the police will be in position to avail details,” she told Daily Monitor last evening. She added that the Masaka shooting suspect was still in custody. “He will be arraigned in court any time from now,” she said, but declined to comment where the force would welcome an independent investigation team from the African Union and the United Nations.

The HRW report was released a few hours before women in civil society organisations marched peacefully and uneventfully through Kampala to protest against the security agencies’ brutal response to the protests that started last month. The women’s march followed a three-day strike by lawyers against the government’s response, which they said infringed on the rule of law and the independence of the judiciary.

EU Election Observation Mission announces release of its final report:

The EU EOM drew up its Final Report independent of any European Union institution. However, it will now fall to the EU’s permanent representation in Uganda to follow up on the issues it raises.

Ambassador Ridolfi said: “The question of the legitimacy of the outcome of the election should not now be under question. Moving forward, what is important is that the government, political parties and civil society establish a peaceful and conducive dialogue inside and outside the parliament. “The European union is concerned about respect for the right to peaceful demonstration, as freedom of speech and assembly are fundamental pillars of any democracy. We call on the protesters to respect the law and conduct themselves in a peaceful manner. The police should act always in a proportionate and impartial fashion.”  Dr Ridolfi added: “On this, the EU is ready to engage positively with political dialogue and development actions.”

The EU EOM was invited by the Government of Uganda and the Uganda Electoral Commission to observe the entire electoral process. Around 120 observers were deployed to the country’s 112 electoral districts.

The EU EOM operates in accordance with the “Declaration of Principles for International Election Observation” adopted by a number of international bodies involved in election
observation at the United Nations in New York in 2005.

Human Rights Watch–New World Report/Kenya Chapter

From the new Human Rights Watch World Report. Note: “The police regularly targeted civilians for killings and other violence in 2009, as in previous years.” http://www.hrw.org/en/world-report-2010/kenya

The Uganda chapter is here, and the Ethiopia chapter is here.