Is Washington finally losing patience with governance by UhuRuto? If so, what is seen as “the way forward”?

I touched a few bases while briefly in Washington recently. I was left with the impression of general “benign neglect” on Kenya, which would be expected given the overwhelming number of more immediate crisis situations around East Africa, such as the South Sudan “civil war/state failure” situation, escalating tensions between the Kagame and Museveni regimes, the uncontained Ebola crisis, etc. And always the war in Somalia.

Nonetheless, there are those who work or engage with Kenya more specifically on a less seasonal basis who will unavoidably have noticed how badly the Government of Kenya has been underperforming just as a factual matter regardless of the diplomatic angles of the day.

All this is to lay the groundwork for my great interest in a couple of news items today:

1). First was the report that Ambassador McCarter had said in Kisimu that the U.S. was putting on hold financing for the Bechtel Mombasa-Nairobi expressway due to concerns about corruption risk and debt levels escalating costs such that the intended value to the Kenyan people was not delivered. Here is the version from “Kenyans.co.ke” which has been running a bunch of pieces bringing up events from political inflection points from years past with no specific explanation of the timing, such as the piece I posted about last week taken off from my June 2017 piece in The Elephant on “The Debacle of 2007: How Kenyan Politics was Frozen and a Election Stolen with U.S. Connivance“.

As a private American “friend of Kenya” and taxpayer I am quite gratified by this willingness to change policy to address current “facts on the ground” and to actually “walk the talk” on “anti-corruption” even if it involves possibly giving up a big subsidized project for a very big well-connected private business owned by a group of Americans.

I have been concerned about this project for the reasons identified by the Ambassador but have not wanted to say much without being close enough to have details and not wanting to be seen as an inveterate naysayer or unduly skeptical about things where I am not that well informed.

Maybe Ambassador McCarter can end up being a “breath of fresh air” and is actually serious in his talk of zero tolerance for corruption in a way that would be different from the ordinary diplomacy where we run hot-and-cold at best. If no one explained to him as a political appointee from outside Washington that “zero” among diplomats ends up as shorthand for a wide range of dollar values in varying circumstances explained in the addendums and codicils, as opposed to just “zero” as it might mean to a businessman in downstate Illinois, then maybe Kenyan cartel leaders need to be worried a bit after all?

And if people in Washington have their hands full or are not focused on the immediate situation in Kenya, and with what we read about how national security policy management is working in Washington these days, it may well be that McCarter has that much greater practical latitude “on the ground”? Likewise, usually an Ambassador in Kenya will have the potential distraction of career considerations not dissimilar to people working in the government in Washington; this would not seem to be a challenge for McCarter. (And maybe he isn’t looking to be a lobbyist for a neighboring warlord in a black hat, and an oil and gas consultant and an investor-broker in USAID-funded health business, for instance.)

There are obvious sociocultural and political barriers to how McCarter will be perceived in Washington and among Americans who typically engage with foreign policy on Kenya or are “Kenyanists” or “Africanists” with focus on Kenya, but open minds are warranted. And maybe that works both directions.

Part of what is so striking here is how much Uhuru Kenyatta has in the past seemed to be arguably “Donald Trump’s signature African leader”–not so much that they are seen to really know each other or have some personal rapport, but rather that in the face of general lack of signs of personal interest in Africa from Trump we still have Uhuru at least included in meetings and doing photo ops with Trump in Europe, Canada and Washington, if not yet Mar-a-Lago, during the first two years of the Administration. Even though he was such a favorite of some in the Bush-Obama years.

So surely putting the Bechtel deal on hold suggests that there is finally heightened willingness to openly acknowledge that governance is simply not now what it was cracked up to be from our previous public diplomacy in recent years.

2) Next is Macharia Gaitho in the Daily Nation publishing today’s column: “Either rebels in Jubilee ranks join opposition, or Uhuru steps down” calling out Jubilee’s divide:

The politicians who contrive to insert his name [Deputy President Ruto’s] into every issue do the DP no favours at all. It does not help his image or his 2022 presidential election prospects when his name is used to fly cover for disreputable leaders caught on the wrong side of the law.

. . . .

As an elected member in his own right, a Majority Leader [Sen. Kipchumba Murkomen] does owe a duty to his constituents. Where conflicted, however, he could consult internally within the government and party organs.If his concerns are not adequately addressed, then the honourable thing would be to relinquish the Majority Leader role so that he can, in good conscience, speak out for his people both inside and outside Parliament.

As it is, what we are seeing from Mr Murkomen’s now frequent outbursts are the hallmark of rebellion. This is rebellion not from one disaffected individual, but a powerful Ruto faction in Jubilee that is unhappy with the path pursued by President Kenyatta.

Jubilee cannot govern effectively when it has such a powerful opposition within; hence the rudderless, dysfunctional government seemingly sabotaging its own efforts.

This is not a healthy situation. Maybe, it would be best for Mr Ruto and his cohorts to resign and go officially into opposition or for President Kenyatta to throw up his hands in surrender and leave the burden of leadership to those more able.

Now I don’t know and haven’t asked, but there have been recent times when Gaitho has seemed to be carrying a message, such as the time when he explained that Raila’s fellowship at Yale was intended to be a perk to ease into a honorable retirement, not a springboard to run yet again in 2017. Different Kenyan columnists are in this role at different times it has seemed over the years. See “Six years an Ambassador: Godec’s Kenya valedictory with Macharia Gaitho”.

This background made me figuratively “perk up my ears” when I read the Gaitho blast after the news on the Bechtel expressway deal.

As a practical matter, there are certain ironies any time it is suggested that “regular order” of some type is suddenly warranted in Kenyan politics. Uhuru Kenyatta himself as KANU leader and Leader of the Opposition in 2007, crossed the aisle to support “Kibaki Tena” without resigning, when party godfather, retired President Moi who picked Uhuru from relative obscurity to nominate as his successor in 2002, realigned his fortunes, so to speak, to be with Kibaki while being appointed as Kibaki’s diplomatic representative for Southern Sudan. So I think Ruto might scoff at Gaithos’s advice now, and I doubt Uhuru’s mother would be good with him resigning at this point with all the family has going on at stake. Too much water under the bridge for too many years to expect anyone “in government” to go formally into “opposition” voluntarily–reform can happen but not nearly so easily or cheaply.

A necessary and complimentary read is the latest from Rasna Warah in the East African Review with what needed to be said on the most egregious act of contempt toward what we used to call “the reform agenda”: “In whose interest? Reflecting on the High Court judgment against John Githongo?”

Kenya 2007 election Kibaki Tena Kazi iendelee re-election

South Sudan: new Salva Kiir—Rannenberger Foreign Agent filing shows $1.2M non-refundable retainer “already paid” and $3.7M flat fee (contra Reuters)

  1. COMPENSATION

6. The Consultant will charge the Client a flat fee of $3.7 million dollars for the services (the “Compensation”) for this two-year Contract.

7. The parties acknowledge that $1.2 million dollar’s of the Compensation has already been paid to the Consultant as ofthe date hereof, as a non-refundable retainer. The Consultant will invoice Client quarterly for amounts due.

Here is the May 7 filing with the Justice Department, by Gainful Solutions with a new “Exhibit AB” which includes both a letter purportedly canceling the April agreement, dated May 2, and the substitute agreement dated May 5.

The widely-reprinted Reuters story from my update to my previous post indicated that the new agreement did not mention compensation.

On May 2 Gainful Solutions filed a “Short Form” Foreign Agent registration act for Ambassador Timothy Towell as an additional lobbyist and business agent with the title of “consultant” at compensation “to be determined” to go with the previous filings for Ranneberger, Soheil Nazari-Kangarlou and Constance Berry Newman.

Note: The Justice Department has these filings incorrectly posted on its FARA.gov database under “Sudan” instead of “The Republic of South Sudan”.

Update: Politico reported on the contract change here in their “Influencers” newsletter, noting the compensation and identifying dropping reference to the hybrid court as the main change.

And read: “EDITORIAL: Cry havoc, and let slip the U.S. ex-diplomats” in The East African.

Amb. To Kenya Michael Ranneberger with late Kenyan diplomat Bethuel Kiplagat, defending Kiplagat’s controversial appointment by President Kibaki to head Kenyan TJRC

Former Amb. Ranneberger draws storm of controversy with hybrid contract with Salva Kiir’s South Sudan administration [updated May 8]

UPDATE May 8: Reuters reports that an amended version of the “Beneficial Solutions” lobbying agreement has been filed.

“I’m doubtful the revised contract means a substantive change to the lobbying deal,” Klem Ryan, former coordinator of the UN Security Council Panel of Experts for South Sudan, told Reuters.

“The rewording seems to be a response to the negative publicity that both the South Sudanese government and those associated with Gainful Solutions received, but not a rejection of the lobbying efforts.”

Rights groups accused the government of paying to avoid justice. The new contract was “a slap in the face to victims of the horrific crimes that have been committed in South Sudan,” said Elise Keppler, associate director of U.S.-based Human Rights Watch.

The government did not respond to requests for comment on the old contract or the new one.

——-

Former Ambassador to Kenya Michael Ranneberger and a partner, Soheil Nazari-Kangarlou, have formed a firm called “Gainful Solutions” and executed a contract with the Salva Kiir administration for seemingly exclusive representation for inbound private investment from the West and for lobbying with the Trump Administration, seeking military aid, sanctions relief, and to suspend and eliminate the African Union-South Sudan “hybrid court” for war crimes agreed in negotiations to end the South Sudanese civil war. The contract involves an unusual combination of “investment agent” services with ambiguous and open ended compensation and an extraordinary “flat fee” two year lobby deal for $3.7M with $1.2M cash up front.

Adding to a firestorm of criticism since the related Foreign Agent Registration Act filings from April 18 hit the press last week, a coalition of South Sudanese civil society groups has demanded that the contract be cancelled. Susan D. Page, the inaugural U.S. Ambassador to independent South Sudan called the contract “very disturbing and disappointing” on Twitter and former Ambassador to South Africa Patrick Gaspard called it “disgusting”. Our current Ambassador is quoted below explaining why he is disturbed.

Ranneberger, Nazari-Kangarlou and Constance Berry Newman are the firm’s three employees with the title of “Consultant” per the Registration.

6. List all employees who render services to the registrant directly in furtherance of the interests of any of the foreign principals in other than a clerical, secretarial, or in a related or similar capacity

Here are some links for a flavor of what seems to be as controversial a Foreign Agent Registration Act filing as I have seen:

Former U.S. Diplomats Lobby to Stop South Sudan War Crimes Court, Foreign Policy, U.S. April 29:

. . . .

The U.S. government, which backs the peace agreement, provided $4.8 million in 2016 through the African Union to set up the court, a State Department spokesman confirmed to Foreign Policy in email. “The project is ongoing,” the spokesman said.

The lobbying contract provides an unusually candid glimpse into the South Sudanese government’s aims to undercut a peace deal it has committed to. Some current and former U.S. officials are outraged at the former diplomats involved in the contract for accepting millions of dollars from Kiir, whose government is accused of widespread human rights violations during the country’s five-year-long civil war.

Ranneberger lands deal to clean image of Salva Kiir, The Star, Kenya, April 30.

S.Sudan hires U.S. lobby group to block war crimes court, AFP, April 30.

. . . .

US Ambassador to South Sudan, Thomas Hushek, described the contract with the lobby group as disturbing.

“This, to me, is very disturbing because this is a commitment made in the peace agreement. The hybrid court is part and parcel of chapter five of the peace agreement,” Hushek said, according to Eye Radio in Juba.

South Sudan hires U.S. lobby group to block war crimes court, Daily Monitor, Uganda, April 30.

Blocking hybrid court confirms atrocities were committed–FoDAG, Eye Radio, Juba

South Sudan hires U.S. lobby group to avoid war crime charges, TRTWorld, Turkey

Gainful Solutions, Inc. and the U.S. Foreign Agents Registration Act, Thoughts on the Sudans, Aly Verjee:

. . . .

Beyond the outrage that has focused on the moral wrongs of any effort to block the hybrid court, the contract may expose its parties to legal peril in two distinct areas.

First, the contract’s clear intent to obstruct the formation of a key institution required by the peace agreement, the hybrid court, raises the prospect of sanctions pursuant to presidential Executive Order 13664, which permits sanctions against:

any person determined by the Secretary of the Treasury, in consultation with the Secretary of State…to be responsible for…(B) actions or policies that threaten transitional agreements or undermine democratic processes or institutions in South Sudan; (C) actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan or obstructing reconciliation or peace talks or processes.

Executive Order 13664 allows for the freezing of the property of any person so designated under the order.  It may be applied to both U.S. and non-U.S. persons, whether within the United States or abroad.

The second area of legal jeopardy concerns three potential areas of non-compliance with the FARA: [issues of completeness and accuracy of disclosure in the filings and of late filing].

Kenya 2007 election- Ambassador Ranneberger and Connie Newman at polling station Nairobi

Amb. Ranneberger and Connie Newman at polling place in Nairobi, during Dec. 27, 2007 Kenyan election

Ranneberger’s “great friend and mentor” Connie Newman–his choice as lead delegate for IRI to observe Kenya’s ill-fated 2007 election–is separately registered as a “consultant” on the South Sudan deal [“As an advisor to Gainful Solutions, I will travel to South Sudan with the partners of Gainful Solutions for a meeting with President Kir, The meeting will discuss how to improve the relationship between the U.S. and South Sudan and thus promote peace and stability. Other work or meetings on my behalf with Gainful Solutions will be determined on a case by case basis. There is thus far no set agenda for future activity.” For a $5,000 fee.] as discussed in Aly Verjee’s blog post. Newman is a longtime lobbyist who has been Africa lead for the Carmen Group after serving as Asst. Secretary of State for African Affairs from June 2004 to April 2005 (with Ranneberger serving as Principle Deputy Asst.Sec.) and Assistant Administrator for Africa for USAID from 2001. As a domestic lobbyist in 1991 after a long pioneering career in federal service she was given high credit in GOP circles for helping to persuade the NAACP not to oppose the nomination of Clarence Thomas to the Supreme Court to fill the vacancy left by civil rights icon Thurgood Marshall.

More: Former U.S. Ambassador to Kenya lobbying to stop South Sudan war crimes court.An Africanist Perspective (Ken Opalo) Apr. 30:

. . . .

Everyone is rightfully outraged. More than 400,000 have died since South Sudan descended into civil war and millions more were displaced.

These revelations also highlight the many challenges the court is likely to face if and when it is eventually set up. South Sudanese political elites (on both sides of the post-2014 conflict) are not particularly keen on facing justice for atrocities committed against civilians and armed actors. It is also unclear if Juba’s friends in Kampala, Nairobi, or Addis have any incentive to inject yet another variable into the ongoing efforts to establish a modicum of stability in South Sudan.

Moral outrage alone will not move the needle. The court’s success will depend on how much pivotal actors within IGAD are willing to lean on Machar and Kiir.

As far as lobbying in Washington, DC goes, this is yet another reminder that even weak states like South Sudan are not passive members of the international system. While their options are limited on account of their position in the hierarchical structure of the state system, they still have agency and have a variety of tools at their disposal through which they can influence the behavior of much more powerful states. See also here.

[As an aside I also want to thank Dr. Ken Opalo for hosting a great book discussion event with Dr. Gabrielle Lynch on her most recent “Performances of Injustice: The Politics of Truth, Justice and Reconciliation in Kenya” which I was able to attend Tuesday.]

Battle over Kenyan election corruption has commenced with vote in Parliament to ban the French vendor OT-Morpho/IDEMIA

IDEMIA f/k/a OT-Morpho before a name change (and previously Safran Morpho before the French defense conglomerate sold this division to the French technology group Oburthur Technologies in a transaction closed shortly before August 2017 Kenyan election) has been a fixture of the past two Kenyan elections.

I have written about issues involving these procurements numerous times over the years and am continuing my engagement with the USAID Freedom Of Information office in their review and processing of public information from USAID support to the Kenyan IEBC in the 2013 election, from my request in 2015. (So far they have processed and released or withheld about half of the records sent from Nairobi to Washington by early 2016. They continue to assure me that they are working away at this.)

See: Kenya Election FOIA news: [heavily redacted] Election Assistance agreement shows U.S. paid for failed Results Transmission system.

Election Assistance FOIA update: disappointed to see from USAID records that IFES was supporting Kenya IEBC/Kenyatta-Ruto defense of 2013 election petition by civil society and opposition.

Nigeria example shows why U.S. and other donors should act now on election technology procurement fraud.

USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers

Last July IDEMIA dismissed without explanation a defamation suit it had filed against Raila Odinga and other NASA coalition leaders in April 2018 shortly after Raila’s “handshake” with Uhuru ended high level political contention over problematic KIEMS system IDEMIA had sold the IEBC in March 2017. The court records I reviewed indicted a unilateral dismissal rather than a settlement.

The judgment of the Supreme Court in the 2013 election petitions of AfriCOG and the opposition found that there was evidence of procurement fraud with the failed technology acquisitions, and ordered an investigation, but the IEBC, Kenyan prosecutors and donors all failed on that account. OT-Morpho, n/k/a IDEMIA once again was chosen in an opaque and controversial procurement process for the bigger 2017 “integrated” system. (I was told by the USAID press office that USAID did not finance the KIEMS purchase for the IEBC for 2017.)

But finally today, reports the Daily Nation, “For credible elections, MPs vote to block Huduma Namba firm“:

Members of the National Assembly voted on Wednesday to block technology firm IDEMIA Securities from doing business in Kenya for at least 10 years, citing violation of the Companies Act.

The move complicates the ongoing Huduma Namba registration, as the contract was awarded to the French firm at Sh6 billion.

. . . .

The MPs amended the report of the House Committee on Public Accounts on the audited accounts of the Independent Electoral and Boundaries Commission (IEBC), to have the technology firm held accountable for irregular payments it received during the 2017 general elections.

U.S. Coast Guard support for maritime security in Africa; looking for news on Kenyan Coast Guard Service

U.S. Coast Guard’s Mission to Africa from U.S. Naval Institute Press, by

Thetis departed Key West for Africa in late February, making it the first Coast Guard cutter to deploy in support of U.S Africa Command since 2012 and the first to participate in an African maritime exercise since 2011, according to Coast Guard news releases. Thetis participated in exercise Obangame Express and made port calls in Nigeria, São Tome and Principe and Cote d’Ivoire, among other work during the deployment.

U.S. military engagement with African nations is critical to protecting U.S. interests and helping stabilize governments on the continent, Adm. James Foggo, the commander of U.S. Forces Africa, explained during a recent edition of his podcast.

Having the U.S. Coast Guard deploy to Africa is useful, Foggo said, because the U.S. Coast Guard’s maritime law enforcement mission aligns with what he said African nations frequently cite as their most significant needs: enhancing their maritime security operations to protect fishing rights, stop smuggling and interdict human and drug trafficking.

For many of the nations, Chong said their navies perform missions similar to those of the U.S. Coast Guard. For the most part, the African navies and coast guards protect their fisheries resources from illegal fishing, search for smugglers and and combat the region’s ongoing piracy problems.

In many cases, the African nations use equipment very similar to what the U.S. Coast Guard employs. Smaller nations have patrol boats similar to those used by the U.S. Coast Guard, Chong said. Larger nations have frigates which are the same size as the U.S. Coast Guard’s national security cutters.

“The technology is very comparable to us as far as doing those type of boardings off a smaller platform or off a frigate,” Chong said.

In the case of Nigeria, Chong said Thetis operated with a former U.S. Coast Guard cutter. Current Nigerian navy frigate NNS Thunder (F90) is the former Hamilton-class high endurance cutter USCGC Chase(WHEC-718). Chase was transferred to Nigeria after being decommissioned in 2011.

“We’re helping a lot of these countries and their navies and coast guards to do boarding and security type functions,” Chong told USNI News. “We’re working with them jointly in their own maritime security zones.”

The US Coast Guard has been providing joint training for six Kenyan agencies involved in maritime/waterfront security for some years, and Kenya announced that was forming its own Coast Guard back in 1999, but did not pass legislation to do so until 2018. The Kenya Coast Guard Service was then “launched by the President last November in Mombasa:

Based at the Liwatoni Fisheries Complex in Mombasa, where the ceremony was held [commissioning of Offshore Patrol Vessel purchased from Bangladeshi shipyard as first vessel], the KCGS is tasked with protecting fisheries, enforcing maritime security and safety, preventing smuggling, protecting the maritime ecosystems, search and rescue, and supporting the military in times of war.

See the Ministry of Defense announcement here.

The Kenya Coast Guard Service was established under the Kenya Coast Guard Service Act 2018 and was operationalized on 22 October 2018. The Service, which will be commanded by a Director General, a position currently held by Kenya Navy’s Brigadier Vincent Loonena, has a role of ensuring safety in Kenya’s territorial waters, safeguarding Kenya’s ports and prevention of dumping of harmful wastes and pollutants in Kenya’s waters. It will also offer search and rescue services and prevent illegal commercial activities like fishing on Kenya’s waters. The service shall have its headquarter at Liwatoni, Mombasa and will operate mainly in Mombasa, Kisumu and Lamu.

The launch takes place only a week before the first Global Blue Economy Conference to be held in Nairobi in which over 8000 participants are expected to turn up.

News has been scarce since the Commissioning so I would be pleased to hear from anyone with an update.

Podcast recommendation: over the past six months Travis Adkins’ “On Africa” from Washington has been a great resource

Djibouti IGAD Election Observation Mission press conference led by Kenya’s Issack Hassan of IEBC

There has been an explosion of great work in English relating to Africa in the podcast genre recently, and as an amateur I am way behind in sampling the free learning available just from time constraints. Today I want to flag the relatively new “On Africa” podcast hosted by Travis Adkins which has been a great teacher for me.

Start with Episode One, on October 4 of last year with Amb. Johnnie Carson, who has lived the history of the relationship between the U.S. and Zimbabwe, on “Zimbabwe after Mugabe.” November 6 on Cameroon as an “Electoral Dictatorship in Crisis” with Dr. Chris Fomunyoh of NDI was especially helpful for me since I focus on East Africa and do not have much background on the unique challenges there. Dr. Fomunyoh is a native of Anglophone Cameroon but attended university in Francophone Cameroon and has been a high level fixture for many years at NDI where he is Director for West and Central Africa.

Episodes of December 19, 26 and 31 on Sudan and South Sudan with Amb. Susan Page were especially good. Amb. Page has a personal background with the negotiations leading to the 2005 provisional government, served as NDI Regional Director and was appointed by President Obama as the first U.S. Ambassador following South Sudanese independence–so again, a sweep of recent history on into current events from an “insider” perspective.

Most recently for me, the February 13 episode with Zach Vertin, former diplomat now at the Brookings Institution Doha gives a 39 minute dive into the current “Red Sea Rivalries” shaking up international relations in the Horn of Africa region. Partin has a new book out on the birth of South Sudan which sounds fascinating and I have on my list.

Most of the best Africa podcasts I have been able to take time for in recent years have been more of an academic nature–what Adkins is doing at “On Africa” with accessible overviews of high level politics and diplomacy with people directly involved is a welcome addition for someone like me who wants to deepen and broaden their knowledge as an interested citizen with limited time due to other responsibilities.

State Department announces sanctions on head of DRC election commission and constitutional court for “significant corruption”

Good. Let me appreciate this action by the State Department to address a corrupt voting process and pull back from previous language that skipped over what seems to be the reality of what happened.

Here is the statement.

It would seem that collectively we (the U.S.) want to recognize Tshisekedi as fait accompli and “not Kabila”, and make the most of the opportunity for a better relationship and progress while still holding a small flame against election fraud for the future and not be “complicit” in covering it up. I very much approve of not being complicit in a cover up even if we are just trying to make the best of the situation with good intentions.

In Kenya in 2008 we issued private travel sanctions against two members of the election commission, the then ECK, for suspected bribery, but said nothing publicly. In that case there was violence from the election fraud and we had withdrawn our initial congratulations. We never disclosed the sanctions or the issue or evidence regarding the bribery but I learned of the matter from a Daily Nation story from a stolen cable from Wikileaks:

The Daily Nation– “What the cables say” (Feb ’08 US visa warning letters sent to ECK commissioners suspected of accepting bribes to fix vote tally) Mar 2 ’11 The link is apparently dead now; for discussion of the story please see Part Seven of my series on the page “The Story of the ’07 Election Through FOIA” under “The War for History Series: was Kenya’s election stolen?.

The public sanctions now, to me, are a step forward in responding to election corruption and I appreciate that we are taking this step. I also appreciate the many people influential in Washington who have spoken out publicly on the problem and laid the groundwork for this, noting Amb. Michelle Gavin at CFR and Joshua Meservey at Heritage. And of course Nic Cheeseman of Democracy in Africa and the University of Birmingham has been a ubiquitous friendly voice for the democratic process throughout.

As discussed in my previous post “Foreign Policy article gives insight on disagreements within Trump administration on backing off on criticism of flawed DRC vote” we learned a good bit about the intergovernmental back and forth on the U.S. side on these issues from the work of Robbie Gramer and Jeffcoate O’Donnell. (As I wrote I know there was some of this in Kenya 2007 but no one seems to have been willing to write about it yet and I only have pieces.)

So, what’s next?

Challenging Nigeria International Election Observation may present tests of character (2nd update on lobbying/funding) #NigeriaDecides

International Election Observation Mission members, including those from IRI/NDI, are arriving in Nigeria for the general election Saturday in a difficult environment.

Although invited by Nigeria’s government there has been at least one unwelcoming statement and no one could deny that this is a hard job simply from the stakes of the election, the instability in some areas, the poverty and underdeveloped infrastructure faced by large portions of the voting population and the simple relative newness of regular competitive elections.

International election observation, which focuses on civil and political rights, is part of international human rights monitoring and must be conducted on the basis of the highest standards for impartiality concerning national political competitors and must be free from any bilateral or multilateral considerations that could conflict with impartiality. It assesses election processes in accordance with international principles for genuine democratic elections and domestic law, while recognizing that it is the people of a country who ultimately determine credibility and legitimacy of an election process.

Quoted is the standard of independence and impartiality to which the USAID-funded NDI/IRI International Election Observation Mission is pledged under the Declaration of Principles for International Election Observation (Oct. 2005).

The IRI/NDI Nigeria 2015 Observation Mission was funded directly by the State Department so shifting back to USAID funding this time is one of the positive things that I see as having potential to help preserve independence and maintain clarity between an Assistance Observation and a Diplomatic Observation to the benefit of the process.

See my post “President Trump’s Asst. Sec. of State for Africa candidly explains why election observation and technical assistance have to be ‘fire-walled’ from diplomacy to have integrity” for a current discussion and further links.

The joint IRI/NDI EOM model has positives and negatives in terms of actual and perceived independence. In Nigeria where democracy assistance is confronted by “resource curse” funded problems and lobbyists working “both sides of aisle” in Washington at a unusual level for an “African election”, along with prominent American campaign consultants usually involved, the joint model seems to me to have some important advantages over IRI or NDI doing a nonpartisan mission on its own, in-spite of the tradeoffs (alternatively you could go with the Carter Center as an “outside the beltway” if politically connected choice, or Democracy International as a truly private entity).

IRI in Africa from my now distant view has come quite far from some of the vulnerabilities that we faced in the 2007 Kenya Election Observation–experience is the best “capacity builder” and institutional funding and attention are now much more appropriate to the scope of the job. Some of my old Kenyan friends and colleagues who did such a great job running things on the ground in 2007 have stayed on and climbed the ladder. And we can expect this election in Nigeria to be better than their 2007 election, observed by many involved this year, as well.

Since Nigerian elections are always high profile and “on the map” in Washington there is no danger of overlooking the situation from that front. This Observation is long-planned and expected and well-funded; there have been an ongoing series of pre-election missions with reports on preparations. Likewise these observations have been going on with regularity throughout this century–and we’ve even been through the scenario of an incumbent seeking re-election during the Boko Haram war.

At the same time, you need no expertise to know that national elections are always challenging in Nigeria and that while cumulative progress has been made in some areas there are some particular concerns that have been reported on and discussed by this Observation Mission and others in the donor governments and media.

Thus, there may be hard calls ahead for the Observers, both on concerns they have already highlighted and from unexpected events as the voting, counting and disclosing play out.

American lobbyist and Ellen Johnston Sirleaf advisor Riva Levinson articulated part of the present challenge well in The Hill in Washington over the weekend: “At Risk: Credibility of U.S. democracy promotion in Africa“. Johnston Sirleaf is in Nigeria as lead observer for the ECOWAS intergovernmental Election Observation Mission and was co-lead for the most recent IRI-NDI Mission, “ZIEOM” in Zimbabwe.

UPDATE (Feb 12): Riva Levinson and her firm KRL are “registered foreign agents” in Washington for Retail Express Limited of Lagos, Nigeria. The Foreign Agent Registration Act filing from September 30, 2018 identifies this client as a “limited partnership which supports the goals of the Senate President of Nigeria, Dr. Aubakar Bukola Saraki, to engage international stakeholders in support of free and fair national elections in February, 2019, seek a level playing field for opposition parties, and convey the core tenants of the Senate President’s vision for the future of the country.” (She also currently lobbies for the Ministry of Foreign Affairs of Liberia and the Ministry of Finance of Ghana.)

Sakari lost the now-opposition People’s Democratic Party (PDP) nomination to Atiku Abubarka but stayed in PDP, having defected from the All Progressives Congress (APC) of Pres. Buhari in July. The PDP itself hired Ballard Partners as its Washington lobbyists for a year at $1,080,000 two days before Retail Express hired KRL.

Recent former diplomat and Council on Foreign Relations Africa lead Amb. Michelle Gavin had a notably hard-hitting CFR blog post last week headlined: “The Truth About United States Complicity in DRC’s Fraudulent Election” although in the text she just covers the macro level issue of diplomatically blessing an election whose official result was contrary to all available evidence.

We in the U.S. got partially off the hook in the DRC where the incumbent Kabila did not invite U.S.-funded or other international observers beyond the African diplomatic groupings (although I learned from Levinson’s piece that we provided funding for the Catholic Church run ‘Parallel Vote Count’, a fact I totally missed in the news reporting. USAID’s website indicates we were also providing “technical assistance” to the election management body CENI itself (!) which again I missed somehow in the news reports. These facts may have informed Gavin’s view even if the journalists that I read did not take notice.)

Update II (Feb 18): As it turns out, the U.S. not-for-profit IFES continued USAID-funded work with CENI, along with its partner IRI in the Coalition for Electoral Process and Party Strengthening (CEPPS) according to a brief overview on IFES’s website, and continues to work with CENI toward local elections. CENI hired its own Washington lobbying firm in 2018, Avenue Strategies, founded by former DJ Trump campaign manager Corey Lewandowski (he left and set up a separate firm before the CENI contract). In January 2019 after CENI named Felix Tshisekedi as president-elect, Avenue Strategies also signed on to represent Tshisekedi as president-elect and now president.

Presumably, then, under the CEPPS mechanism USAID funded the third partner, NDI, for the work with the Catholic Church Parallel Vote Count. I will contact USAID to confirm the arrangement and see if they are willing to release any contractual details without a formal Freedom of Information Act request.

The Carter Center stood firm in calling out Kabila’s 2011″re-election” as failing to meet international standards. The State Department followed along in declining to bless the election and offering technical assistance to address irregularities back then, unlike the current situation which Levinson and Gavin question (although the diplomatic impetus for remediation at the presidential level in 2011 went away quickly).

See Dr. Carl LeVan’s Homepage “Development for Security” blog for an overview of the Nigeria election contest. Likewise, Amb. John Campbell’s “Nigeria’s Election: What to Know” at CFR.

Here is my piece from The Elephant in the wake of Kenya’s judicially annulled 2017 presidential election: “Free, Fair and Credible? Turning the Spotlight on Election Observers“.

[UPDATE III: here is the Preliminary Statement issued by the IRI/NDI Observation on February 25, after the delayed vote of February 23.]

International Election Observation Mission IRI Kenya Kibera Lavington Nairobi 2007

MILSPEAK will never die; and a COMBATANT COMMAND may never be great at Public Diplomacy – AFRICOM and a “Failed Communication”

When General Thomas Waldhauser, the outgoing AFRICOM Commander, went before the Senate Armed Services Committee (“SASC”) for public testimony on the AFRICOM Annual Posture Statement relating to the legislative budget process–a performative function for the Senators and the Senate and the Military–someone seems to have failed to scrub the presentation with an appreciation for how it would look to use an “infographic” to publicly describe to the world–especially to interested citizens in the 53 “partner” states of the AFRICOM Area of Operations (“AOR”)–one of the “U.S. strategic interests in Africa” as to “decrease potential for Africa to become a failed continent”.

Some of us who are “olds” (surely this term is a bit insensitive 🧐) and have spent at least some of our formative years before the pervasiveness of global public communications seem to forget that we Americans live in a global fishbowl of our own making.

General Waldhauser will have spent his career with military electronic communications but will have climbed some ranks before civilian application reached the point that “public” in Washington was automatically realtime “public” nearly everywhere.

Security issues, especially terrorism and civil unrest, have cross-border components that may be magnified by the large number of independent countries in the geographic areas involved, but this sort of loose, broad brush talk that might be useful for selling a budget in a competitive bureaucratic marketplace is embarrassing and counterproductive from the standpoint of official communications and “public diplomacy” because it makes AFRICOM look out of touch and patronizing.

In this way, AFRICOM seems to have accidentally put itself at cross purposes in communications with what is supposed to be the “New Africa Strategy” as announced by the National Security Advisor that is intended to reflect a shift of emphasis to American trade and investment with and in African countries. Since the end of the Cold War we have focused on securing the global “lanes of trade”, especially the world’s only “blue water Navy”, facilitating trade between China as well as India, Japan, the EU and others and African countries, without much real policy focus on our own economic participation beyond aid and philanthropy.

Now that China is so much richer, seems to be re-doubling domestic repression and investing heavily in quickly building out both traditional and “new technology” military tools, while leaning on our longstanding allies in Southeast Asia and showing other geopolitical ambitions, we wish to increase our own economic participation in Africa’s growth for the kind of normal geopolitical reasons that we had de-emphasized in recent years.

In competing against the United States, as well as against Japan, Europe and the UK and other more developed democratic powers in Africa, the PRC naturally wants to sell the idea that the Chinese Communist Party offers some sort of South-South mutual respect to African borrowers and customers in spite of its huge actual size and command structure and the way it treats its own ethnic minorities. Whereas the United States Government has the task not only of assuring African markets of our respect and compatibility, but also of encouraging and persuading, rather than directing, U.S. domiciled companies and investors to go take on risk and invest in African countries.

So clumsy negative hyperbole is not the thing we are looking for here. I have a distaste for some of the slick overproduced happy talk “success stories” that get funded within the rubric of “development assistance” and we need straight honesty from our military leaders about the status of wars we are fighting, but we should avoid being carelessly negative when expressing our aspirations.

I do think on this one that the buck really ought to stop with General Waldhauser — he himself in his many-hatted role should have personally known better and not stepped in that hole. Much of the articulated reason to have AFRICOM–as opposed to not having AFRICOM–was that it was to be a “different type of Command” which integrated personnel from the State Department and USAID directly into its structure to be better at things like diplomacy than the Commands dating to the Cold War, presumably based on lessons learned.

UPDATE: Sept. 8

Investigative reporting from Amanda Sperber in The Nation : “Inside the secretive US air campaign in Somalia“.

From the Longwar Journal (Foundation for Defense of Democracies): “US military intensifies airstrikes against al Shabaab in Somalia“.

Foreign Policy article gives insight on disagreements within Trump administration on backing off on criticism of flawed DRC vote

Foreign Policy has published a piece reporting significant internal dissent from the reversal of the U.S. position from significantly negative to largely positive on the recent DRC election:

. . . .

In a series of preliminary statements crafted by the team and released by the State Department on Jan. 3, 10, and 16—before confirmation of the final results—the United States sharply condemned reports of election-related interference and violence. The Jan. 3 statement included a threat that people involved “may find themselves not welcome in the United States and cut off from the U.S. financial system.”

With the Constitutional Court’s decision to confirm the election later in the month and with news of widespread election fraud, the group drafted a new U.S. response on Jan. 23. It noted the election results rather than welcoming them—a diplomatic way of signaling displeasure—and condemned the “deeply flawed and troubling” election, according to a draft reviewed by FP. It also stated that Congo’s electoral commission “failed to live up to the responsibility” it had to carry out elections fairly and ivowed that the United States would “hold accountable” any figures engaged in election fixing or violent crackdowns on any ensuing protests.

But none of this language made it into the final statement. Instead, Washington welcomed the results and declared itself committed to working with Tshisekedi. The revised statement made only passing mention to “electoral irregularities.”

Michael Hammer, the U.S. ambassador to Congo, along with Michael McKinley, a senior career diplomat advising Secretary of State Mike Pompeo, pushed for the revised statement, according to three U.S. officials. The department’s third-ranking official, David Hale, ultimately signed off on it, the officials said.

Senior U.S. officials in other agencies and some State Department officials—including the special envoy for the region, Pham—were kept out of the final decision entirely and did not know that a shift in policy was in the works, officials told FP. They said some officials found out about the shift in policy only once the statement came out. It left some of them fuming.

“If we said we’ll hold the government accountable … and five days later we congratulate a bunch of thieves, what good are our threats?” one senior U.S. official said.

One former State Department official familiar with the process said the implications went beyond Congo. “It was just a stupid decision to release that statement, a statement that has much bigger bearing on U.S. government democracy promotion in Africa,” the former official said.

The State Department, USAID, and NSC all declined to comment for this story. A State Department spokesperson also did not respond to a request to interview the senior diplomats who FP was told were involved in the process. . . . .

This is the kind of thing I always had hoped to see about Kenya 2007 where the U.S. initially relied on what my FOIA research indicates was a pre-determined blessing of Kibaki’s alleged re-election even after Ambassador Ranneberger witnessed vote totals being changed by the Kibaki-controlled Electoral Commission of Kenya and reported some pre-knowledge of unlawful rigging plans and conduct. In the face of violence the initial congratulations were withdrawn and the State Department pivoted to support a negotiation to include the opposition in a sharing of power with Kibaki. I know that there were differing internal opinions but I have never seen this level of public reporting on the internal debate.

Some of this may reflect differences in the internal environment and reporters’ expectations and aspirations during the Bush and Trump administrations as well as “the times” more generally. Regardless, I am glad to know more about how my government made this decision and encouraged that the problems with the positive statement final statement on the were recognized by some of those involved.

On the Congressional side, here is the January 18 Statement from the incoming Republican Ranking Member on the Foreign Affairs Committee:

Washington D.C. – House Foreign Affairs Committee lead Republican Michael McCaul (R-TX) released the following statement on the fraudulent election in the Democratic Republic of Congo (DRC).

“After eighteen years of the Kabila regime, the Democratic Republic of the Congo had a historic opportunity to give its people a voice by holding free and fair elections. Millions of Congolese bravely went to the polls to cast their vote amid long lines, intimidation and violence. Unfortunately, the fraudulent vote count does not demonstrate the will of the people. 

“I commend the African Union’s call for transparency and credible election results. All parties must refrain from violence as this process continues. It’s imperative for the United States and the rest of the world to stand with the Congolese people to demand an accurate vote tally and I urge Secretary Pompeo to fully engage at this pivotal moment. All individuals who impede this democratic process must be held accountable.”

I would also like to know more about slightly more gradual process of walking back the substance of our objections to Kabila’s 2011 re-election vote during the Obama administration.

Lake Edward into Congo