“Look, no hands” — Outgoing U.S. Ambassador to Uganda declines to offer support for electoral reforms (updated)

In an interview in today’s edition of Uganda’s state owned New Vision, retiring U.S. Ambassador Scott DeLisi addressed the current Ugandan campaign for the 2016 elections. In response to a question about civil society concerns about narrowing of the democratic space in Uganda, DeLisi declined to weigh in and went so far as to volunteer a position on behalf of the United States that he would leave the issue of electoral reforms for Ugandans to “discuss among themselves”.  Translated from diplospeak, discussion among Ugandans here means that prospective voters can mutter, murmur or swear and Museveni can decide as he will without consequence.

In his most recent re-election in 2011, Museveni stiffed the United States by keeping control of the appointment of Uganda’s electoral commission. See “High level U.S. delegation carries requests to Museveni on fair elections and Iran sanctions” and “Plenty of reason to be concerned about Uganda election” along with linked related posts. This time, the Obama Administration, fresh off dancing with Kenyatta literally and with Hailemariam figuratively, seems to have given up on any aspiration for pro-reform influence well in advance.

From the interview:

You have always asserted that the US mission will not get entangled in local politics. But as an ambassador, what advice would you give to players in the impending elections?

We never said we will not get involved in politics. Just as citizens of this country, we have invested in this country. Do we want this country to be a success with a strong and vibrant democracy? Yes.
If caring about this means getting involved in politics, then we will do. As for which candidate or party to support, that is for people of Uganda to decide.

We talk to leaders of all political parties – NRM, FDC, DP, UPC. Name them, we talk to them. We tell them that there should be a constructive electoral process in which people’s views are respected, where people engage each other respectively, where there is no room for violence.

So that, at the end of the day, no matter who wins the election, it is a credible result that services Uganda well and gives the new leader legitimacy to lead the country effectively and deal with the challenges that will emerge.

Do you share concerns by civil society that political space in Uganda is narrowing?

I don’t know whether it is narrowing down but I perfectly appreciate the challenges of civil society. But this is a constant dialogue we are always having with the Government to ensure that there is room for meaningful dialogue and engagement.

There is the NGO Bill currently before Parliament and during consultations; we have seen the NGO community, civil society engage with MPs in a robust dialogue that has brought significant changes to this piece of legislation. I don’t know what the final law will look like.

I know civil society would have liked to see the issue of electoral reforms addressed fully, but I leave that to Ugandans to debate among themselves about the need to strengthen the democratic process. We have seen in US that even after 250 years, we are still working to improve our democracy.

Update: To understand the context and significance of the Museveni government’s continued stonewalling, see today’s Daily Monitor: The Unresolved Question of  Electoral Reforms, What it Means for 2016.

Is Uhuru on his way to being the next East African authoritarian American darling?

Uhuru Kenya presidential campaign rally trash

Before noting the choice of speakers for the Uhuruto inauguration, the idea that governance in Kenya might be in the process of falling in line with its East African neighbors has been much on my mind since the IEBC’s decision on the election on March 9.

Museveni as the featured speaker–and what he had to say–certainly fits this theme.  Museveni can readily castigate the ICC and “the West” for meddlesome advocacy of international standards, knowing that he has a mutual “security” relationship at a deeper level with the United States.  He gets criticized by the U.S. for changing the constitution to stay in power, and for taking and keeping control of the Ugandan electoral commission–but without discernible “consequences”.

Uhuru himself in his speech said nothing about corruption–a major theme in the KANU to NARC transition and the original Kibaki inauguration, and well understood to be the Achilles Heel for Kenya’s economy.  And as I have noted before, the Jubilee platform’s only “plank” relating to governance is a proposal for active state intervention in the civil society arena.

Museveni and his NRM have been associated with the KANU of Moi and of Uhuru and Ruto over the years and at some level Kenya post-Moi has been an outlier in the East African Community of Uganda, Rwanda, Burundi and Tanzania.  As well as Museveni, one naturally thinks of Rwanda’s Paul Kagame and the recently departed Meles Zenawi in Ethiopia as authoritarian heads of state who could count on strong support in Washington at a variety of levels–both in terms of underlying security relationships and friendships with American politicians who could be counted on for advocacy in the face of international controversy.

Uhuru himself, quite the contrary to his short-lived campaign rhetoric this year as an ICC indictee, has been a favorite Kenyan politician of many in the American establishment.  He talks the talk well.  He was educated in the U.S. and has been a frequent visitor.  A “family friend” of former Assistant Secretary of State Frazer by reputation.  Rich even by American standards, and a business owner whose inherited fortune was generationally cleansed from openly kleptocratic political origins.  Before the confirmation of the ICC charges but after the 2008 post-election violence when the issues with the alleged funding of the Mungiki attacks in Naivasha and Nakuru were well known, he was a primary lobbyist for the Kenyan government in the U.S. seeking things like a Millennium Challenge Corporation Compact.  Before the 2007 election, he entertained official American visitors including Senator Obama as the “Official Leader of the Opposition”.  He was singled out for positive recognition in a report by CIPE, the Center for International Private Enterprise (the National Endowment for Democracy’s core institute under the United States Chamber of Commerce) and was spoken of in government as a Kenyan who “says the right things”.

A U.S. foreign policy establishment view on how the United States should deal with a Kenyatta administration was offered in a Foreign Affairs piece by Bronwyn Bruton of the Atlantic Council just before the election:

. . . In all likelihood, the first round of voting will lead to a runoff election on April 10 between Raila Odinga, the current prime minister of Kenya’s hastily-constructed unity government, and Uhuru Kenyatta, Kenya’s deputy Prime Minster and the son of Kenya’s first president. The tightness of the race bodes ill; it is unlikely that either side will be able to score a quick victory, and it will not take much vote rigging to influence the election’s outcome. The losing party is virtually certain, therefore, to contest the results. Some violence, in other words, seems all but assured. The question is how long it will last, whether it will spread nationwide, and how many people will be displaced, injured, or killed

Most of the piece is behind the firewall so I won’t copy it here, but she goes on to argue that U.S. interests counsel what I would characterize as essentially a business as usual approach to Uhuru (and by implication of course Ruto) unless and until they end up eventually convicted by the ICC.  I shared this with a friend in Washington with the comment that this could be read as a Washington argument not to get too exercised if Uhuru helped himself to some extra votes to win–the risk of instability was very high and the downside to having Uhuru in office wasn’t that great.

The Carter Center has released another round of reporting on the election, “slamming” the IEBC, but concluding with a factually unsupported pronouncement that in spite of the electoral commission’s many failures their announced result happened to “reflect the will of the Kenyan people”.  This was language being tossed around in certain circles before the election with reference to Moi’s races back in the ’90s.  How to say an election is bad but the incumbent or other beneficiary of the state misconduct would have won anyway? The big difference in 2013, of course, should have been that the Kenyan voters had approved–with much U.S. support–a new constitution that was supposed to end the “first past the post” system that so benefited Moi and require a “runoff to majority”.  When you read the Carter Center report it is clear that there is no way they can offer any substantive assurance at all for the IEBC’s award of just enough to Uhuru to avoid that runoff.

But, there are interests at stake besides justice–there is also “stability”, and “peacekeeping” troops in Somalia, etc., etc.

So we shall see.  I hope for the best for Kenya, but the Uhuruto ascendancy looks to me like a big win for tribal chauvinism and a real step back in terms of democratic ideals.  Kenya is very different from either Rwanda or Ethiopia, and from Uganda, too.  Whatever excuses one makes for Kagame and Museveni in their own postwar environments, to me, ought not to apply to Kenyatta or Uhuru in Kenya.

Should the U.S. do more about corruption in South Sudan? Are there historical lessons from Kenya?

 

Alan Boswell of the McClatchy papers has an interesting story today, “U.S. not probing allegations of massive South Sudanese corruption”, highlighting a difference of opinion between Senator Leahy and the Administration about how to apply U.S. law on foreign corruption.

Travel bans are one of the few tools available to American officials to fight corruption, and U.S. law requires that they be imposed if the State Department has credible evidence that foreign officials are profiting corruptly from a country’s natural resources. The law allows for exemptions only for travel to the United Nations in New York, though an individual ban can be lifted if the reason for the banning has been corrected.

In June, the South Sudanese government admitted that it’s missing $4 billion in stolen funds, or roughly double its annual revenue since the mostly autonomous administration was established in 2005 as part of a U.S-brokered peace deal that led to South Sudan’s independence last year from Sudan. . . .

Boswell reports that the U.S. is not considering such visa bans and that Presidential Envoy Princeton Lyman has indicated that the U.S. is looking to the South Sudanese to investigate the situation themselves.

“You have to know exactly who you are going to target. It’s not exactly clear who did it,” Lyman said. “We are looking to the Sudanese to do the investigations. President Kiir has promised a vigorous anti-corruption policy and we encourage him in this direction.”

Under American law, foreign officials and their immediate family members who steal from the public treasury or display other significant corruption are ineligible to enter the United States. Sen. Patrick Leahy, D-Vt., the chairman of the state and foreign operations subcommittee and the author of the “anti-kleptocracy” law, said he didn’t think the State Department was doing enough to find out who stole the money.

“If the State Department has such information, we expect the U.S. Embassy to determine if it is credible and to apply the law rigorously,” Leahy said.

The U.S. has known about the scale of South Sudanese corruption for some time. “From early on, I had people who knew the SPLM well citing this problem and very worried about it,” Lyman said.

Lyman said corruption wasn’t unusual in young developing countries. He pointed to the example of Kenya’s first president, Jomo Kenyatta, who was well-known for welcoming gifts and kickbacks as part of official business.”You don’t like to see it happen, but it happens. That doesn’t excuse it,” Lyman said.

Obviously this puts the U.S. in a difficult position because of our “special relationship” with South Sudan, the tremendous other challenges the new country faces, and the ongoing brutality from Khartoum.  At the same time, it can also be argued that we have unique responsibility to address the problem because of our role in facilitating South Sudanese independence and our place on the inside through our support for the new government.

Ambassador Lyman cites Kenyatta, so what are the lessons from Kenya?  Kenyatta’s corruption begat Moi’s, which begat that within the Kibaki administrations.  In the course of fifty years after independence the U.S. and the international community as a whole never found the will to consistently stick to a strong, clear anti-corruption effort in Kenya–there have always been other priorities to intervene.  Yet Kenyatta’s heirs and cronies, and Moi and his partially overlapping set of cronies still literally own an awful lot of Kenya, and have done very well through Kibaki (who was part of the Kenyatta and Moi circles himself for many, many years).  While the press is now free enough to report scandal after scandal after scandal, and write more of the history, the deals are not undone and no one is prosecuted in almost all significant cases old and new.  While there may be some hope for the future from movement toward a more independent judiciary, the track record so far is just plain bad.  The precedent seems risky.