Attacks on Kenyan Civil Society prefigured in Jubilee “manifesto”

The Jubilee (UhuRuto) Coalition manifesto contains a section entitled “Good Governance” which strikingly in a country with so many governance challenges, contains only one section, on “the challenge” of “managing our relationship” with civil society:

THE CHALLENGE

The influence of Civil Society has expanded over the years to the point where the various Civil Society groups play an important role in the country’s political and economic development. In the years following the signing of the National Accord, the sector has grown in stature, influencing government decisions, political culture, and key appointments. We must identify new and innovative ways of working with the sector so that the country can fully benefit from its expertise and experience.

THE OPPORTUNITY

We believe that NGOs have a valuable role to play in monitoring government and helping to strengthen the social infrastructure in our country. We shall manage our relationship with the NGO sector in accordance with internationally recognized best practices.

SOLUTIONS

The Coalition government will:

  • Introduce a Charities Act to regulate political campaigning by NGOs, to ensure that they only campaign on issues that promote their core remit and do not engage in party politics. This will also establish full transparency in funding both for NGOs and individual projects.
  • Establish a Charities Agency to provide an annual budgetary allocation to the NGO sector.
  • Promote accountability and coordination between the NGO sector and national and county governments.
  • Develop strong partnership with the NGO sector that enhances the country’s development agenda and promotes the interests of the people of Kenya.

So what does this mean?  Clearly, what is proposed is substantial “regulation” and government involvement in the workings of civil society.  This was understood by many in civil society before the election to refer to “Ethiopian” style control–you could also look at Rwanda and Uganda for other regimes in the EAC.

Since the election, we have seen some nasty, conspiratorialist, attacks on civil society for not getting in line with the IEBC’s announced result. See “Kenyans fundamental rights under attack” from Mugambi Kiai in the Nation, responding.

 

How is IGAD’s “diplomatic observation” regarding Kenya’s election process helpful?

Africa Review reports on the statement of the Inter-Governmental Authority on Development (IGAD) from this week’s visit to Nairobi by executive secretary Mahboub Maalim (himself a Kenyan) and others from the Addis headquarters under the headline “IGAD confident of peaceful Kenya election”:

In his statement, Mr Maalim said: “Igad has come to the conclusion that Kenya’s election is not an event. It is a process and that March 4th is not the end; it is the beginning of a process that could last till June 2013. Kenyans must therefore brace themselves for the long haul.”

Mr Maalim said the Independent Electoral and Boundaries Commission (IEBC) and the judiciary are crucial for the success of the polls.

“The efficiency of the IEBC during the voter registration process must be lauded. We expect that the same efficiency will apply to the March 4 poll. This is critical if Kenya is to avoid petitions arising from IEBC system failure. The efficiency and believability of the Supreme Court in dealing with the presidential election petitions is also critical. This will determine whether or not the transition is successful,” the Igad executive secretary said.

He said IEBC should be encouraged to conduct a systems dry-run with peer reviewers to seal any loopholes that would affect its efficiency.

Dr Kimani said the recent party nominations in Kenya were inclusive, open and transparent and that it was what the rest of the region had expected.

Igad brings together six countries in the Horn of Africa – Djibouti, Ethiopia, Kenya, Somalia, Sudan and Uganda – for development and drought control in their region

“Party nominations were inclusive, open and transparent”. Wow, that is certainly a unique perspective that contradicts the reporting in the Kenyan and international press, the reporting of Kenyan civil society umbrella KPTJ, and, for example, the reporting of the Center for Multi-Party Democracy-Kenya which is a well established and leading presence in Nairobi on these matters. So who is right here? Might it be relevant that IGAD is an organization of governments that are all far more “challenged” in terms of democratic practices in general, and elections specifically, than even Kenya in the wake of power-sharing and the debacle of 2007, along with the Government of Kenya itself?

I am all for whomever exhorting peace, although I am substantially skeptical that official pronouncements of this type have actual impact on ultimate behavior. Likewise, I am all for encouragement, hope and reasoned, well-grounded optimism in the context of pushing for the best election possible from where things really stand today. But this type of statement about the primaries is a “diplomatic” position rather than an observation or representation of fact. It undermines the credibility of whatever else is said in the same statement as being connected to the facts. At best it is unhelpful–it might be dangerous.

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.

Uganda: New links for ongoing themes . . .

Uganda will review its commitment of forces to the AMISOM mission in Somalia due to being “stabbed in the back” by accusation of arming rebels in DRC.

Today, Uganda’s Media Council ordered suspension of a play entitled “State of the Nation” about corruption and poor governance, pending a “review”.

The Ugandan Speaker of Parliament, Rebecca Kadega, is attracting popular support for standing up to pressure on a recent trip to Canada on the longstanding “anti-homosexuality” bill, and rejects the notion that she should block debate on the bill to appease aid donors or avoid visa suspensions.

In the meantime, two patients from a road accident reportedly died after the ICU in Uganda’s largest hospital closed recently due to lack of equipment:

According to a research paper published by the Bio Med Central Journal, Uganda has only one ICU bed for every one million Ugandans. The paper reveals that critical care remains neglected with many patients with potentially treatable conditions unable to access services.

Ideally, with Mulago’s 1,500 bed capacity, at least 150 of them should be in a high dependency ward for people who need more intensive observation and treatment.

Other departments that have ICU beds in the hospital are the pediatric ward (4) which are not working, the Heart Institute (4) and the Cancer Institute (3) while the general ward has 12 beds with no equipment. Other public hospitals that have functioning ICUs in the country are Mbarara, Lacor, Gulu and Jinja.

h/t Rosebell’s Blog on Twitter

VOA reports that Britain has joined Ireland in an aid suspension over corruption in the Prime Minister’s office (although apparently the Irish suspension is general, whereas the UK is apparently only suspending aid to that one office):

The money was meant to have been spent on helping the needy, and to help pay for a ‘peace recovery and development program’ in northern Uganda after decades of conflict and devastation.

The Ugandan government has pledged prosecutions. Two senior officials have been charged, while 17 others have been suspended as the investigation continues.

“This report does not surprise anybody,” said Dr. Fred Golooba Mutebi, a political analyst and a visiting fellow at the University of Manchester in the United Kingdom. The only shock, he added, “is the amounts of money stolen are quite colossal.”

"Freedom of expression is your right"

“FREEDOM OF EXPRESSION IS YOUR RIGHT”

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.

Secretary Clinton visiting South Sudan, Uganda and Kenya (including TFG meetings) on six nation Africa mission

Here is the official State Department language describing the diplomacy:

Secretary Clinton travels to South Sudan where she meets with President Kiir to reaffirm U.S. support and to encourage progress in negotiations with Sudan to reach agreement on issues related to security, oil and citizenship.

In Uganda, the Secretary meets with President Museveni to encourage strengthening of democratic institutions and human rights, while also reinforcing Uganda as a key U.S. partner in promoting regional security, particularly in regard to Somalia and in regional efforts to counter the Lord’s Resistance Army. She will also highlight U.S. support in the fight against HIV/AIDS.

The Secretary will then travel to Kenya where she plans to meet President Kibaki, Prime Minister Odinga, and other government officials to emphasize her support for transparent, credible, nonviolent national elections in 2013. To underscore U.S. support for completing the political transition in Somalia by August 20th, Secretary Clinton will also meet with President Sheikh Sharif and other signatories to the Roadmap to End the Transition.

 

 

Western storytelling, the East African “middle class” and how to account for “politics”

Here we have an interesting paradigmatic story from Der Spiegel, translated from German for their English version, “Up and Coming in Kampala; Africa’s Growing Middle Class Drives Development” by Horand Knaup and Jan Puhl:

Three good anecdotal stories here of successful start-up African businesses generating local jobs and wealth through import substitution with domestic production. They help to grow a domestic consumer market and ultimately look to export as well. One of the two in Uganda got significant assistance from the national government and the Kenyan business got financing from a German international development arm.

She earned her starting capital by importing clothes from the West, but then she began designing her own collections, and soon “Sylvia Owori” was the most popular label among women in East Africa.

Owori has her collection produced by seamstresses in villages. She has trained 200 women and sponsors the purchase of their sewing machines. “When I receive a big order, I can deliver quickly and flexibly,” she says. On the other hand, she says, the women can stand on their own feet when she doesn’t happen to have any work for them.

Her latest creation is a denim laptop bag shaped like the map of Africa. “This bag was once a pair of jeans,” she says. “You threw it into a container for old clothing and sent it to Africa. We made something new out of it and will sell it back to you.” Swedish fashion giant H&M is interested in the bag, and two other Western fashion chains have asked Owori to meet with them in London.

It’s a question of finding new ways to stimulate economic growth. The corrupt oligarchies in many African countries have made money from the export of commodities, but only a fraction of the population has benefited from the proceeds. The growth being generated by Africa’s middle class is more sustainable, say development experts. Much of it is based on the processing of African fabrics, wood and fruits, and it creates jobs.

Good examples of what is going right and working, from two of Africa’s 50+ plus countries. Well done as such.

“She is the epitome of a success story. And success stories are no longer a rarity in Africa, despite its reputation as a continent of poverty and suffering.” Right and important.

But then we get into the broad assertions and big selective extrapolations. “This growth is producing a middle class that’s growing from year to year. According to the African Development Bank, this middle class already includes 313 million people, or 34 percent of the total population.” To say that “this middle class” includes roughly a third of the population of the entire continent is to me quite misleading in the context of this story,

Continue reading

Mudslides, Terrorism and Tourism

The death toll rose to three from the grenade attack on a nightclub north of Mombasa Sunday. In the meantime, in the Mt. Elgon region, on the Ugandan side of the border, there are 18 confirmed deaths from this season’s current mudslides, with 450 missing.

The Kenyan government protested the U.S. warning about a threat of attack in Mombasa as “economic sabotage” given the obvious potential impact on tourism, as well as a “betrayal of trust”, while insisting that it was ahead of the game and fully cooperating with U.S. agencies to stop any such planned attacks. Contrary to some initial reactions on twitter, the local bar attack was clearly not the kind of event that the American Embassy was warning about.

At the same time, Mombasa residents have accused security agencies, especially the National Intelligence Security Services (NSIS), of sleeping on the job.

“As residents of Mombasa, we are disturbed by these attacks which are occurring without any arrests. The police should work around the clock and arrest people suspected to have committed the incident,” said Mr Abdul Abdulla.

Since Kenya sent troops to Somalia last October, a series of explosions have rocked Nairobi, Mombasa and North Eastern region in what is believed to be retaliatory attacks by the Al-Shabaab.

Meanwhile, some American and British tourists on Monday down-played the travel advisory, saying the country was safe.

Mr Kevin Schmidt from California, USA, has been in the country for three weeks and said: “A lot of it is precautionary, they (US government) want to make sure everybody is informed,” he said.

“Man arrested over attack at drinking den,” Mark Agutu in the Daily Nation.

The bigger terrorism issue relates to the seizure of bomb making materials tracked to the port from Iraq and the arrest of two suspects thought to be Iranian.

Kenya in 2012–More institutions, more institutional dysfunction; Uganda in 2012–Specializing in regional military role

Yet again, we have a major list of political appointments from President Kibaki announced, apparently unilaterally, with Prime Minister Odinga objecting that he was not consulted.  In this case “county administrators” for the 47 counties — new units of government under the new Constitution.  The President’s office identifies the job description of these new officials as, among other things, coordinating security, presumably including the upcoming elections when the first county governors are to be elected:

Prime Minister Raila Odinga has rejected President Kibaki’s appointment of 47 county commissioners, saying he was not consulted.

He also wondered what their job would be since the Constitution says it’s governors who will be running counties.

The Commission on the Implementation of the Constitution (CIC) said the appointments should be done afresh because the President did not follow the spirit of the law in making them.

Five Orange Democratic Movement Cabinet ministers have also opposed the selection, many arguing that they were not fair to all tribes.

On Sunday, Mr Odinga’s spokesman, Mr Dennis Onyango, said: “The PM says he was not consulted. He also does not understand what their specific roles are because the Constitution says that governors will be in charge of the counties. He feels their appointment is a recipe for chaos in the counties,” Mr Onyango stated.

While making the appointments on Friday, State House explained that they were in line with Section 17 of the Sixth Schedule of the Constitution.

The sections says: “Within five years after the effective date, the national government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution.”

The county commissioners will coordinate security, national government functions and delivery of services, according to the announcement from the President Press Service (PPS).

.  .  .  .

President Kibaki has now come out more personally in advance of ICC pre-trial proceedings scheduled next month in the Hague to try another “Hail Mary” to get the post-election violence cases from the last election pulled away from the ICC by constituting a new international crime jurisdiction in a fledgling East African regional court that has no such authority now.

“Has our new Constitution already failed us?” Muthoni Wanyeki in The East African:

.  .  .  .

Going by the behaviour of our politicians as they swing into the campaigns, our new Constitution has already failed us. The idea was that diminishing executive powers, restoring separation of powers and instituting devolution would lessen the intensity of the scramble for the presidency. Well it hasn’t. It is still do-or-die.

Democracy everywhere is an ideal, rather than a reality. And devolution has done nothing yet other than take the battle for the executive spoils of devolution down to the community level all across the country. And create a new battle, for retention of executive spoils, at the centre.

It is hard not to be pessimistic. But it is vital to not get hot and bothered about the electoral farce; we need instead to work to ensure the fallout every five years is not of the 2007 and 2008 variety. This is where the intentions and plans of our security services matter. And this is where the love-hate relationships between all the would-be pilots matter as well. How they group in formation is critical. It tells us who’s in and who’s out — and who among us is likely to be targeted this time round.

In this sense, all the movements away from ODM could, potentially, be worrying. If Raila Odinga is painted as the “enemy” and that portrait extends to his entire ethnicity, we know where to look for the fire next time. We are meant to have an early warning system now. Is it working?

Meanwhile, in Uganda, hope for a “deeper” democracy continue to become more distant in the short run at least, but the Ugandan military continues to grow into a role as a regional force for multinational missions:

U.S. trains African soldiers for Somalia mission, form the Washington Post:

KAKOLA, Uganda — The heart of the Obama administration’s strategy for fighting al-Qaeda militants in Somalia can be found next to a cow pasture here, a thousand miles from the front lines.

Under the gaze of American instructors, gangly Ugandan recruits are taught to carry rifles, dodge roadside bombs and avoid shooting one another by accident. In one obstacle course dubbed “Little Mogadishu,” the Ugandans learn the basics of urban warfare as they patrol a mock city block of tumble-down buildings and rusty shipping containers designed to resemble the battered and dangerous Somali capital. . . .

“Hundreds of Somali’s Complete Military Training” reports IRIN:

IBANDA, 14 May 2012 (IRIN) – Over 600 Somali troops completed six months of military training in southwestern Uganda on 10 May and are heading home to boost the forces fighting Al Shabab.

Col Winston Byaruhanga, head of Bihanga military training school in Ibanda District, told IRIN the 603 soldiers who trained alongside 248 Ugandans will help bring peace and stability to the country.

“These soldiers will significantly reinforce the Transitional Federal Government (TFG) and contribute to more stable conditions to deliver aid and bring the country on the way to development,” Byaruhanga told IRIN.  .  .  .

“Competition for Military Superiority” between Uganda and Kenya not a sign of political maturity

British Helicopter

British Helicopter at base near Nanyuki

 

The Daily Nation reports on new data on Ugandan and Kenyan defense spending from SIPRI, “Arms race hots up in East Africa”:

Competition for military superiority in the East African Community has seen Uganda’s arms expenditure surpass Kenya’s for the first time this year, a new global arms report shows.

Kampala spent US$1.02 billion (Sh83 billion) — much more than Kenya’s US$735 million (Sh61 billion), the Stockholm International Peace Research Institute (Sipri) says. The institute does research into conflict and arms control.

The most advanced

In particular, Uganda’s acquisition of six SU-30MK Russian jets is said to have elevated its air force to one of the most advanced in East and Central Africa.

The reasons for the increased budget, according to the report, include competition for regional military superiority, especially with Kenya, and the threat of a spillover from potential conflict between Sudan and South Sudan.

Others included the operation in Somalia against Al-Shabaab where the region’s armies, including Kenya’s, are fighting under the African Mission in Somalia (Amisom), and against Joseph Kony’s rebels in the DR Congo are quoted as reasons for Uganda’s ballooning military expenditure.

The friction with Kenya over Migingo Island almost sparked a confrontation and this is also cited as justification for more military spending by Kampala.

Kenya’s military expenditure has also been going up in the last decade. The country spent only Sh14 billion on the military in 2000 compared to more than Sh60 billion today.  .  .  .

There are plenty of positive opportunities for competition and national pride within the East African Community, but acquisition of military hardware in support of governing egos is not something that is affordable for either country in the context of need, and supports the temptations of saber rattling for political gamesmanship.  Any type of military confrontation within the EAC would be an absurd tragedy.  Since the U.S. and our European allies are heavily engaged in interacting with the Ugandan and Kenyan militaries, perhaps we can be positively influential in dissuading this type of behavior in conjunction with our support for less tangible types of political reform.

A little Kenyan-American history: Kissinger, Waiyaki, Kibaki; getting the F-5s, safaris and slums

History–Kenyatta, the Kenyan military and GSU; origins of U.S. military assistance

More Kenyan-American diplomatic history: Kenyatta’s health and succession; status of whites; military assistance