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FOLLOW THE MONEY: How To Make Dirty Cash Clean Without Omo

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Nairobi, Kenya – LOOK TO WINDWARD TRADING, WHO LOOTED HALF A BILLION

Two events of momentous proportions took place in Kenya since the beginning of this year.

On January 30, sons of the slain drug lord Ibrahim Akasha, Baktash Akasha and Ibrahim Akasha, Indian drug suspect Vijaygiri Goswami and Gulam Hussien, a Pakistan, were extradited to the US to face charges of drug trafficking. Since 2014, the Akashas had been fighting not to be deported to the US.

In March 2015, the four were arrested with 98 packets of suspected heroin. The US then issued an Interpol “red notice” for their capture and request for extradition. The Manhattan District Attorney said of the quartet when they arrived in New York: “Kenya drug trafficking organization with global ambitions”.

On March 3, 2017, a meeting quietly took place at the Treasury Building in Nairobi between National Treasury Permanent Secretary Kamau Thugge and Senator Ian Gorst from Jersey Island. The two officials representing their respective countries were concluding an agreement that finally returned money that had been stashed in the tax haven island.

Jersey had just returned Ksh380 million ($3.8 million), part of Ksh500 million ($5 million) that had been stolen by two senior Kenyan state bureaucrats in 2011 and hidden in the island’s banks, known for their secrecy and lax tax laws.

A former chairman of the rich and influential parastatal, Kenya Power and Lighting Company (KLPC), Samuel Gichuru and a former minister of energy, Chris Okemo, had conspired to loot public money, which they then expatriated to the tax haven. As is normal with such conspiratorial and illicit transactions, Gichuru formed a ‘phantom’ company, Windward Trading Ltd, that was then used to siphon out the Ksh500 million.

In June 2011, Jersey’s Attorney General requested the extradition of the two, and the United Kingdom, under whose jurisdiction the island falls, issued an arrest warrant. In February 2016, the Royal Court of Jersey finally confiscated the stashed money after the company pleaded guilty to four charges of laundering corrupt money.

Even though the money has been repatriated, the extradition case is still going on and the remaining Ksh120 million was retained to cover transactional charges incurred by the Jersey government.

In a country like Kenya, where state corruption is rife, money stolen from the public coffers by powerful civil servants and those close to power, invariably ends up stashed in foreign offshore accounts

The case illustrates how illicitly acquired money is hidden, transferred and invested in foreign banks through a labyrinthine maze of electronic transfers. Identical mechanisms, including dummy companies, are also used by companies and individuals to hide income from tax authorities in the countries where it is earned and to transfer it to low-tax jurisdictions. Through such illicit financial flows (IFFs), Africa loses, according to the Tax Justice Network-Africa, the equivalent of $10 for every $1 it receives in aid.

In 2016, the Panama Papers, the world’s biggest data leak, provided a glimpse into the scale of the problem. Briefly, the Panama Papers refer to 11.5 million data files leaked from the Panama-based law firm, Mossack Fonseca, the world’s fourth largest offshore law firm. The leak named individuals who included presidents, influential politicians, powerful bureaucrats and companies that use the law firm as a registering agent to channel their — oftentimes illegally acquired — money to jurisdictions with secretive and lenient tax laws. The files traced 191 individuals and 25 companies to Kenya.

“IFF is a generic term,” says Jared Maranga of Tax Justice Network-Africa (TJN-A), a pan- Africa research and advocacy organisation based in Nairobi. Maranga is an investments and tax policy expert. He says the terminology depends on the form and nature of how the money is being moved. ‘Generally speaking, there are three ways in which IFFs are facilitated: through state corruption, bilateral and multilateral treaties and tax incentives.’

The Washington DC research and advocacy group Global Financial Integrity defines IFFs as illegal movements of money or capital from one country to another. This movement of money is what is classified as ‘illicit flow’ — especially when the money is illegally earned, transferred, or used.

The advocacy group says IFFs originate from three main sources: commercial engagements — through tax evasion, inflating and manipulation of prices of goods; criminal activities such as drug and human trafficking, illegal arms trade and smuggling of contraband; and corruption by influential and powerful state officials.

Importers whose aim is to dodge paying tax use underhand tactics such as inflating the price of goods to evade or undercut Custom duties, VAT or income tax. Crime syndicates launder their illicit profits by mixing them with legal money earned from legitimate business such as buying and selling of used cars, for example. Bureaucrats create fake companies to transfer dirty or stolen money to a bank account in a foreign country. Huge sums of cash are also ferried across the border by human traffickers with the aim of depositing the money in a foreign country.

In a country like Kenya, where state corruption is rife, money stolen from the public coffers by powerful civil servants and those close to power, invariably ends up stashed in foreign offshore accounts. As a way of ‘cleaning’ it, the cash is used to buy real estate in developed countries in Europe and the Americas or invested in legitimate businesses through buying shares in multinational companies. In 2004, a report by report by the international risk consultancy Kroll commissioned by the Mwai Kibaki administration identified over Ksh130 billion ($1.3 billion) that relatives and associates of former President Daniel arap Moi had hidden in nearly 30 countries using a web of shell companies, secret trusts and frontmen.

IFFs have also provided drug barons with devious ways of moving their money without being detected. If the drugs trade itself is a dangerous and risky business, laundering the proceeds, which run into billions of shillings, is even a riskier undertaking.

In Kenya, drug lords have over time used both traditional and innovative means to hide and move their cash without attracting undue attention. And in situations where they cannot avoid detection, they have employed the time-tested methods of arm-twisting, bribery and coercion.

ALL THE MAJOR BANKS HAVE BEEN INVOLVED IN HIDING DRUGS MONEY

According to a 2009 report by the Financial Transactions and Reports Analysis Centre of Canada, drug traffickers launder approximately $100 million per year through the Kenyan financial system. ‘I’ll tell you this as a matter of fact,’ says Anselm Mbogo, a retired forensic auditor and banking fraud investigator, who in the course of a three-decade career worked in nearly every big local and international bank in Kenya. ‘All the major banks in Kenya have at one time or the other been involved in hiding or moving drugs money.’ Today, as a forensic consultant, his clients include some of his former employers. ‘The banks are still susceptible to money laundering by the drug lords,’ he says. ‘[That’s] basically because the drug barons have perfected the art of circumventing the 2012 Central Bank of Kenya (CBK) laws on money laundering and because bankers, just like any other human beings. are vulnerable to bribery and corruption.’

In a move to curb money laundering the CBK decreed that no more than $10,000 (Ksh1 million) could be deposited in a single transaction. It also developed regulations requiring banks to know their customers and their customers’ sources of funds, and to report any suspicious transactions.

Drug barons are attracted to heavy cash retail businesses, which move money on a daily basis. Retail businesses such as supermarket chains, matatus, pubs, are easy targets for cleaning illegal money because customers pay in cash

Laundering by banking officials is neither new nor is it about to end. ‘Four years ago, HSBC, a banking institution based in London, got into big trouble after it was found to have facilitated drugs money from Mexico,’ says Mbogo. HSBC bank was accused by the US federal banking authority of clearing suspicious travellers’ cheques worth of billions of dollars.

A DYNAMIC THREE-STAGE PROCESS

Money-laundering is a dynamic three-stage process. The three stages are usually referred to as placement, layering and integration. Placement involves introducing the dirty cash into the financial system, perhaps mingling it with ‘clean’ funds to create an aura of legitimacy. Layering involves attempts to distance the money from its illegal source through layers of financial transactions. Integration makes the money available to the criminal as proceeds of legitimate commerce such as purchase of shares in business or investment in luxury goods and real estate.

Because illicit money generated from the drug business has to be infused into the financial system, it involves an intricate web of people and movement to ensure no paper trail is left behind. First, the money is ‘broken up’ into different amounts, even in different currencies, then moved around different accounts, to effectively obscure the audit trail. Once this is successfully done, the owner can access his clean money.

‘A couple of years ago. if you recall, a new entrant into Nairobi politics, inadvertently boasted that he ran 200 bank accounts,’ says Mbogo. ‘Just ask yourself, why would a person need 200 accounts, never mind the only business he was known to be engaged in was running some matatus in the city?’

According to Mbogo’s banking fraud investigations in Kenya, secondhand car bazaars and real estate construction businesses are the closest we have to drug money being laundered. ‘Let’s put it this way, drug barons are attracted to heavy cash retail businesses, that move money on a daily basis,’ says Mbogo. ‘Retail businesses such as supermarket chains, investing in the running of matatus, running a pub business, are easy targets for cleaning illegal money because customers pay in cash; hence it is easy to create fake transactions and receipts, which are reported as business sales when depositing cash on a daily basis.’

A big time building materials hardware company does not have to receive “illegal” money directly from a drug baron. All it needs to do is ask the property developer, in this case the money launderer, to deposit the money into a certain account

Big time supermarkets chains deliver huge volumes of cash, sometimes 4-5 time a day to banks. ‘The banks, in all fairness, cannot suspect that some of this money could be from illicit drug profiteering. On a good day, the biggest supermarket chain in Kenya deposits anything between Ksh30 million and Ksh50 million,’ says Mbogo. ‘The same applies to the matatu industry and bar owners. They deposit money on a daily basis, oftentimes 2 to 3 times depending on the briskness of the business.’

Eliud Njoroge, one of the few hedge fund managers in the country, says supermarket stocks are a good investment for drug kingpins. ‘They will identify a popular and fast growing supermarket chain and buy into it by way of stocks, which are in hundreds of millions of shillings. The yearly dividends that accrue, will be clean money, never mind the dirty money that was injected into the business through buying its shares.’

The forensic auditor avers that the proliferation of car bazaars in Nairobi coincided with the increased drug trade in this part of the world, when the Indian Ocean littoral was identified as an important ‘unmanned’ route. In the secondhand car businesses, you can claim to be banking money every day from fake car sales. With the setting up of a legitimate motor car business as a front company, the drug money is infused into the financial system legally through the opening of multiple accounts that handle money accrued from sales.

The other popular way that illicit drug money has been injected into the financial system is through the property development projects. ‘Just like the proliferation of secondhand car marts, it is also not a coincidence that the boom in the real estate industry has taken place in the past couple of years,’ observes Mbogo.

Like a supermarket, real estate development is a heavy cash business that involves employing casual labourers who are paid daily, or sometimes weekly. It also involves the buying and hiring of expensive heavy machinery (not on a daily business though), and building materials on a daily basis. ‘The construction business is favoured by drug barons because it facilitates what we call trading in goods,’ says the forensic auditor.

‘A big time building materials hardware company does not have to receive “illegal” money directly from a drug baron. All it needs to do is ask the property developer, in this case the money launderer, to deposit the money into a certain account. Once that is done, he can then go to the hardware shop and be given all the materials he has paid for. There is no money exchange, but there is value for money, which leaves no paper trail.’

The introduction of mobile money 10 years ago was a blessing to the drug barons, says Mbogo. The barons today have maximised the use of M-Pesa, Safaricom’s mobile money transfer innovation that mainly targeted Kenyans who did not have banking facilitates. There are 60,000 plus M-Pesa agents countrywide, as opposed to 840 bank branches in the country.

Today, a simple e-mail sent from Swindon, southeast London by a Kenyan living in the UK, to a fellow Kenyan in Nairobi can facilitate the moving of millions of shillings without actual movement of the money itself

‘Just like trading in goods to exchange value for cash, customers who use M-Pesa exchange cash for virtual value that goes into their phone. This allows them to buy goods, transfer money and even receive credit. Drug barons nowadays are moving huge amounts of money through M-Pesa in multiple credit lines, which allows them to even withdraw the money in another country. ‘Mobile transactions are made through text messages and therefore are difficult to trace,’ says Mbogo.

Safaricom, the company that runs the M-Pesa banking facility, recently said since 2016, Kenyans have been moving on average Ksh16 billion ($160 million) a day. The maximum amount one can transfer in a single transaction is Ksh140,000 ($1,400). ‘Let’s assume a drug lord operates or has access to upward of 10 mobile phone lines. He is capable of moving Ksh140,000 in all these credit lines, every day, every week, every month, several times over. In a year, he will have moved a humungous amount of money, running into hundreds of millions of shillings, without raising an eyebrow from the concerned authorities,’ explains Mbogo.

AND THERE’S ALWAYS BEEN HAWALA

One of the oldest forms of sending and transferring money without moving the money itself, Hawala, an Indian concept used in many centuries, is still as attractive to drug barons as it is to people who either do not have bank accounts or want to avoid the banking system altogether. ‘Today, a simple e-mail sent from Swindon, southeast London by a Kenyan living in the UK, to a fellow Kenyan in Nairobi can facilitate the moving of millions of shillings without actual movement of the money itself.’ Mbogo says he once traced an e-mail correspondence between the UK and Nairobi’s River Road that talked of money transfer. ‘The system works on trust, there is no paper work, the e-mail is written in coded language, you’d have to be knowledgeable in the language to know what’s being talked about.’

The really bold drug barons will set up their own banks to avoid all the hassle of bribing the numerous people from the police to banking officials; dodging the tedious procedures and the obvious scrutiny from government bureaucrats. ‘In this county, we have had such banks, some OF whose operations have been suspended, but I can tell you as night follows day, the banks are still very much in operation,’ says Mbogo.

 


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Mr Kahura is a senior writer for The Elephant.

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The Making and Unmaking of a Revolution: From the Fall of al-Bashir to the Return of Janjaweed

Thirty years of suffering under the weight of al-Bashir’s regime have not been enough to drain the Sudanese people of their desire to be free. The protest drew people from all ages, social classes, religions, and colour. They overcame social and economic barriers, and joined forces under the same banner.

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The Making and Unmaking of a Revolution: From the Fall of al-Bashir to the Return of Janjaweed
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After more than 30 years of ruling Sudan, in April 2019 the dictator Omar al-Bashir was finally deposed by the military following an irrepressible explosion of civil unrest. In less than five months of protest following the intolerable austerity politics imposed by al-Bashir’s administration, the Sudanese population found unexpected energy and cohesion in fighting peacefully to obtain a democratic government. As crowds of demonstrators from all across the country converged on the capital to join the civil movement, art flourished, and a renewed sense of freedom gave voice once again to those who found the strength to break their chains. Women, such as the “Nubian Queen” Alaa Salah (dubbed “the woman in white”), have been at the forefront of the demonstrations, and people from all walks of life who have been denied their basic human rights rose to finally end their silence.

However, things went south in June when the army refused to hold its promise to guarantee a three-year transition period before a new civilian rule could be established. Although the protest organisers rebuked the military’s decision to scrap the agreement, the Transitional Military Council (TMC) acted with unexpected brutality, killing more than one hundred Sudanese activists during the Khartoum massacre. Today, the situation is extremely tense, with claims that the United Arab Emirates is arming the violent counter-revolution. Furthermore, back-and-forth negotiations after a general strike have brought the whole country to a halt. While it’s still hard to tell when (and if) normality will return to the country, let’s have a look at what has happened so far and what the future may hold for Sudan in the post-al-Bashir era.

11 April 2019 – The despot is overthrown

After succeeding former Prime Minister Sadiq al-Mahdi in 1989, Omar al-Bashir didn’t lose much time to show the world his true face as a violent and brutal leader. Al-Bashir has been indicted by the International Criminal Court (ICC) for war crimes and crimes against humanity. He has been accused of being the man behind the mass murders, forcible transfers, tortures, and rapes committed in Darfur since 2003.

When in January 2018 the country started facing imminent economic collapse, al-Bashir decided to impose a series of extreme austerity measures that included cuts to wheat and electricity subsidies, and the devaluation of the country’s currency. Inflation spiked to 70 per cent, and the Sudanese people had to struggle even to access basic goods, such as fuel, bread, and cash from ATMs. When the first demonstrations over the unacceptable living standards began in the eastern regions (the price of bread tripled in less than one year), the situation quickly became uncontrollable.

In December 2018 the unrest spread to the capital Khartoum and took the form of a series of riots that were brutally repressed by the regime. Nearly a thousand protesters were arrested, and dozens more got killed or wounded by the security forces who used live ammunition against the population. Coordinated by the Sudanese Professionals Association (SPA), demonstrators from all social classes of the country eventually joined forces under the umbrella of the Forces of Freedom and Change (FFC) – also known as the Alliance for Freedom and Change – to fight for the ouster of the regime and the transition to a democratic government. Despite many attempts to block media coverage of the protests and to impose strict Internet censorship on social media, al-Bashir’s administration failed to contain the civil movements.

When in January 2018 the country started facing imminent economic collapse, al-Bashir decided to impose a series of extreme austerity measures that included cuts to wheat and electricity subsidies, and the devaluation of the country’s currency. Inflation spiked to 70 per cent, and the Sudanese people had to struggle even to access basic goods, such as fuel, bread, and cash from ATMs.

The tension peaked in February 2019 when the president went so far as to declare a state of national emergency – an attempt to try and break the will of the protesters with more violence, beatings, and arrests perpetrated by army officers who were put in charge of provincial governments. But the Sudanese protesters did not relent, and on April 6 hundreds of thousands of them marched to the square in front of the military’s headquarters, seeking the help of the army. A conflict between the military who took the demonstrators’ side and the security forces ensued, and shots were fired. On April 11, 2019, the military finally announced that al-Bashir had been overthrown.

The many shapes and colours of the civil protest

Thirty years of suffering under the weight of al-Bashir’s regime have not been enough to drain the Sudanese people of their desire to be free. The protest drew people from all ages, social classes, religions, and colour. They overcame social and economic barriers, and joined forces under the same banner.

During the hardest times of the civil battleground, the revolt harboured some heroic moments, such as when a doctor was killed while he was bravely trying to resuscitate other protesters who were wounded by the security forces. The marches were led by courageous women who took a stand against the oppressive colonial laws that condemn to flogging all female activists who participate in anti-government manifestations. The image of Kandake Alaa Salah chanting to encourage the protestors went viral and came to symbolise women’s strength in leading this battle to live in a country where everyone’s human rights are protected.

The civil unrest channeled incredible and unexpected energy from the Sudanese population – an unbreakable will to peacefully fight against oppression that provided the entire continent with a fundamental lesson on civil disobedience. Neither the scorching heat, hunger, nor thirst stopped the Muslims protesters from enduring their sit-ins in front of the army headquarters in Khartoum during Ramadan. The same social media that the government tried to muzzle became the instrument used by the volunteers who assisted these determined dissidents by providing them food and water at night. And as the revolution never stopped or faltered under the blows of the regime’s forces, all this energy became palpable and took the form of colourful murals, amazing canvases, manifestos on women’s rights, and other incredibly beautiful works of art that left the word astonished. And very few things are more exquisitely humane and liberating than art itself.

The betrayal by the TMC and the Khartoum massacre

Following the deposition of al-Bashir, power was assumed by the Transitional Military Council (TMC), a council of seven generals led by Lt-Gen Abdel Fattah Abdelrahman Burhan. Once it seized power, the TMC held its position firmly, claiming it must stay in charge to ensure order and security. A long and difficult negotiation with the FCC ensued before an agreement could be reached on May 15. The agreement provided for a 3-year transition period to a civilian-led government constituted by a sovereign council, a cabinet, and a legislative body. The long transition period was needed to dismantle the deeply entrenched political network previously established by former President al-Bashir and ensure fair, democratic elections.

The civil unrest channeled incredible and unexpected energy from the Sudanese population – an unbreakable will to peacefully fight against oppression that provided the entire continent with a fundamental lesson on civil disobedience.

However, a few days later, something terrible happened. A new (or we should say, old) force made its appearance among the Sudanese soldiers. Groups of masked militiamen started beating activists and dragging them away to secret detention centers where they are held without charge and sometimes even raped and tortured. Hit squads move around the city in Toyota pickups with their plates removed to chase down protesters.

Who are these people? They’re the same elite squads of security forces employed by the now ousted al-Bashir regime to clear out protesters from the streets. Named the Rapid Support Forces (RSF), they’re highly-trained, exceptionally brutal agents able to exact swift punishment on anyone who endangers their control on the Sudanese people and the country. They are the feared Janjaweed, a group of specialised forces famous for the atrocities inflicted on the civilian population during the Darfur crisis 14 years ago.

The TMC went so far as to arrest and forcibly deport three rebel leaders – Yasir Arman, Ismail Jalab and Mubarak Ardol – to South Sudan after they met Ethiopian Prime Minister Abiy Ahmed for talks about the negotiation. Their goal is clear – the do not intend to hand over power to the people. The military elites simply ousted al-Bashir as they saw a unique opportunity to seize power for themselves, and they came clean on this on June 3 when several armed bands opened fire on the protesters with the excuse of “dispersing the sit-in”.

However, a few days later, something terrible happened. A new (or we should say, old) force made its appearance among the Sudanese soldiers. Groups of masked militiamen started beating activists and dragging them away to secret detention centers where they are held without charge and sometimes even raped and tortured.

They didn’t stop there. Over 200 military vehicles and 10,000 soldiers ravaged and ransacked the city for several days while the Internet was shut down. Countless unjustified arrests were carried out, and unarmed people were dragged out of their houses, detained, beaten, and raped. The aftermath was a bloodbath – aptly named the Khartoum massacre, with more than 100 Sudanese activists killed, nearly 700 wounded, and at least 70 women and men raped by the RSF and Janjaweed forces. (Many corpses have been thrown in drainage channels so the body count is probably even higher.) Shortly after the violent crackdown, the military council thrashed any agreement made with the FCC and SPA and announced that fresh elections would be held within nine months.

The general strike and total civil disobedience

In the wake of the killings, civilian activists haven’t given up with their quest to establish a democratic government in Sudan. The “people’s movement” may lack the cohesion and discipline of the reorganised military party, but it definitely doesn’t lack the will and determination to make the change. While the international community’s response has been the usual generic condemnation, the rebels swiftly understood that big powers, such as the United States, China and Europe, could do nothing more than ask their regional allies to exert (negligible) pressure on the Sudanese army. Even the hands of the United Nations are somewhat tied after China and Russia blocked the sanctions that were initially foreseen. The FCC thus defiantly cut all contacts with the TMC and called for a general strike – “total civil disobedience” – to kick the military junta out.

Observance of the strike was nearly absolute, reaching almost 100 per cent in Khartoum. All across the country all kind of operations, from banks, to hospitals, airports, ports, and government agencies, have been shut down for days. Workers are protesting side by side with scientists, doctors, lawyers, shop owners, street vendors, and journalists. The entire country is once again united against a common threat.

But the reprisal was swift and cruel, with dozens of airport workers arrested and hundreds of people detained without charge. Despite its attempts at distorting the truth through propaganda, the RSF now looks more and more like an army of occupation than a force that is guaranteeing civil order and security.

The current situation and the reaction of the international community

The commander of the RSF, Mohamed Hamdan Dagalo (widely known as “Hemeti”), is a ruthless veteran of the war in Yemen – his RSF troops are still fighting there to help the Saudi-led coalition. For obvious reasons, he is backed by Saudi Arabia and the United Arab Emirates who do not want see a major Arab country like Sudan transition to democracy. The Saudis and the Emiratis know that he is the ideal candidate to preserve the autocratic status quo in Sudan after the fall of al-Bashir, and have already warned against the “folly” of a popular uprising. They have explicitly expressed their support for Hemeti and other military leaders. Several videos uploaded on social media clearly show that the militiamen who carried out the killings during the June 3 attack were geared with Emirati-manufactured armaments.

The United States’ reaction was cautionary at best. The Under-Secretary of State for Political Affairs, David Hale, expressed concern over the crackdown during a talk with the Saudis, noting “the importance of a transition to a civilian-led government”. A diplomat will be sent to ease the talks between the FCC and the TMC, but so far, no real pressure has been exerted on Egypt or the Saudis to act against the TMC forces or to help the FCC.

The commander of the RSF, Mohamed Hamdan Dagalo (widely known as “Hemeti”), is a ruthless veteran of the war in Yemen – his RSF troops are still fighting there to help the Saudi-led coalition. For obvious reasons, he is backed by Saudi Arabia and the United Arab Emirates who do not want see a major Arab country like Sudan transition to democracy.

After initially supporting a transition towards civilian rule, the African Union (AU) spoke against the intervention of international actors in the current Sudanese situation. But the AU’s chairperson is none other than Egypt’s President Abdel Fattah el-Sisi, the Field Marshal who won elections with a landslide victory by obtaining 97 per cent of votes. It is not a coincidence that el-Sisi seized power after his army massacred 1,000 unarmed protesters at a sit-in in Cairo in 2013.

Now, after days of talks, Ethiopian Prime Minister Abiy Ahmed finally managed to broker a new agreement between the civilian and military forces. On 12 June, the strikes were momentarily suspended after the TMC agreed to release political prisoners, and the two parties are now at the negotiating table once again. The situation is extremely unstable, and the TMC is starting to feel the pressure of internal divisions. What the future holds for the Sudanese people is really hard to tell, but their defiant battle against all odds is a prime example of the immense power that common people unknowingly hold against their oppressors.

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Man Enough? Why Men Shouldn’t Have To Be

Still, the question remains: What would men gain by relinquishing the power that masculinity has so far unfairly accorded them? Freedom for one. Because it is not just women and LGBTI folks who are oppressed by the idea of gender; heterosexual men are too.

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Man Enough? Why Men Shouldn’t Have To Be
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A fable I was taught as a young Kikuyu boy seeks to explain the rise of the patriarchal society. It speaks of a time, long ago, when women ruled over men. Unhappy with the state of affairs, the “oppressed” men conspired to get all the women pregnant at the same time, and so easily overthrew them. They have since been the undisputed rulers.

The misogyny and fear of women expressed in that tale are alive and well in contemporary Kenya’s male-dominated society. Today they manifest in the repeated refusal of the country’s parliament to enact laws mandated by the country’s constitution that prohibit any public body (including Parliament) of having a composition of more than two-thirds of their members from one gender. It is manifested in President Uhuru Kenyatta’s own refusal, which gives the lie to his rhetoric at last week’s Women Deliver Conference in Canada to implement the same rule in his appointments and nominations. It is a fear that may, ironically, be also driving discrimination and oppression of men – specifically, homosexual men.

Banning homosexuality

Last month, in a convoluted and contradictory judgment, the High Court upheld colonial-era laws that criminalised sex acts “against the order of nature”. Enacted at the very dawn of colonial occupation by the famously stuck-up Victorians, the laws are today spuriously defended as reflective of “African culture”. The High Court in Botswana recently struck down as unconstitutional an identical law, also introduced by the British, declaring it “discriminatory” and warning that “human dignity is harmed when minority groups are marginalised”.

Many times, such harmful laws are supported by the same Kenyan men who rabidly oppose women’s empowerment. As it turns out, this may not be a coincidence. According to researchers at the University of Geneva, prior to the feminist revolution of the late 1960s, men had largely constructed their masculinity in opposition to women as anti-femininity. However, as society moves towards greater gender equality and as men are encouraged to get in touch with their “feminine” side and to show emotion and vulnerability, some men, particularly those of a more traditional bent, look for something else to serve as a foil for their idea of masculinity. Typically, they emphasise their heterosexuality. As, Prof Juan M. Falomir, who led the research team says, “homophobia is the alternative way of asserting their masculinity.”

Last month, in a convoluted and contradictory judgment, the High Court upheld colonial-era laws that criminalised sex acts “against the order of nature”. Enacted at the very dawn of colonial occupation by the famously stuck-up Victorians, the laws are today spuriously defended as reflective of “African culture”.

The trajectory of Kenya’s legal prohibitions exemplifies this. As women in Victorian Britain teetered on the verge of a vast change in the laws that had constrained them since medieval times, their menfolk were imposing draconian decrees targeting specifically male homosexual behaviour in their colonies. Today, as women in Kenya increasingly assert themselves in public spaces and challenge the norm of masculine domination, the blowback is not just against them but also against gay men.

Gay women too suffer bigotry and violence. As is true in many other countries, they are subjected to horrific abuse, including assaults and rape, as research on their lived experiences in Kenya has shown. “Masculine presenting” gay women or “studs” experience more discrimination and abuse and are “deliberately locked out of conversations around protection of women by State actors,” the research found. Infamously, the Kenya Film Classification Board last year banned the multiple award-winning movie Rafiki “due to its homosexual theme and clear intent to promote lesbianism in Kenya”. The constitutionality of the ban is currently being challenged in court.

Here too, constructions of masculinity are at play. “Patriarchy becomes panicked at these women denying men an opportunity for sex on demand, power on demand, or both. Their power and ability to live the life…outside the autocracy of male influence…becomes a threat to society as it is constructed,” says Dr Njoki Ngumi. Men see lesbians both as sexual rivals taking “their” women, and also as women denying them sex and power.

The link between misogyny and other bigotries is particularly visible online, a platform that has been described as “the gateway drug for extremists”. Today in the West, the rise of populist, far-right governments has also coincided with the accession of an increasing number of women to the pinnacle of power. Donald Trump was widely expected to lose to a woman in 2016. The outgoing Prime Minister of the UK is a woman as is the Chancellor of Germany. And Santiago Zabala has also linked the inclusion of “a racist, homophobic and anti-immigration party” in Spain’s ruling coalition to “the patriarchal obsession with the so-called natural order and the politics of hate that it incubates”.

It is important to keep in mind, though, that it is women who have borne the brunt of the violence committed by men who are unable to construct masculinity in terms other than domination of another. In recent years, for example, reports of women maimed or murdered by their partners or by men they have spurned have become a staple of Kenyan daily news. Such assaults are about reminding women of their place in patriarchy’s pecking order, especially when – as witnessed in the public violence meted out on female politicians in Kenya at the hands of their male counterparts – they dare to confront or deny a man.

Reconstructing masculinity

But how exactly do we go about reconstructing masculinity? Is that even possible? Or does the solution lie in abandoning the idea of gender altogether as fundamentally anti-human? After all, masculinity and femininity are social, religious, political and cultural constructs, only incidentally related to biological accoutrements. When the Standard newspaper calls Amina Mohammed “the only ‘man’ in Uhuru’s Cabinet” or Macharia Gaitho says the same about Martha Karua in the Daily Nation, they do not mean to suggest that the two are in possession of penises and scrotums. When one is told to “man up” or “don’t be a pussy”, the reference is not to biology. All these are pretty offensive – and plainly wrong – cultural constructions that suggest that traits like bravery and assertiveness are to be associated with males while fear and submissiveness are inherently female.

It is important to keep in mind, though, that it is women who have borne the brunt of the violence committed by men who are unable to construct masculinity in terms other than domination of another. In recent years, reports of women maimed or murdered by their partners or by men they have spurned have become a staple of Kenyan daily news. Such assaults are about reminding women of their place in patriarchy’s pecking order, especially when they dare to confront or deny a man.

If we understand that, then we can begin to see the idea of gender itself as just another weapon in the service of patriarchal domination. Rather than a dictate of biology, it is a way of ordering society’s power structure in much the same way other fictional constructs, such as race or tribe, have been historically used.

But while we may rightly take umbrage at media folk ascribing particular qualities to race or tribe (imagine the uproar if the Standard were to describe Mohammed as “the only Kikuyu” or Gaitho were to call Karua “the real mzungu” as a way of recognising their contributions), we seemingly have no problem with the false dichotomies of male as strong and female as weak.

Even the Kikuyu fable I cited at the beginning is an attempt to use biology as a justification for the tyranny of man over woman. Women, it suggests, are weak because they can become pregnant – an assertion that has been shown to be scientifically bogus. If anything, it is the other way around. A recent study in the US found that elites athletes and pregnant women have similar endurance levels. Pregnancy, researchers found, “pushes the body to the same extremes as endurance events like long-distance triathlon competition Ironman or the Tour de France.”

But the fable doesn’t stop there. It constructs female rule as inherently oppressive and men as victims who are justified in using women’s biology against them – kind of like waylaying a cyclist at the end of the Tour de France, which is hardly a fair fight. It is interesting to observe how these ideas then play out in real life as when men deny women access to birth control or abortion and the persistence of practices like FGM or early marriage, all of which are meant to serve as a form of control.

It is no accident that the gender roles and attributes that patriarchal societies have invented tend to favour the dominion of men and to construe biology as women’s inescapable prison. Men, they believe, have freedom that women don’t because women can be raped, need to be defended, cannot hunt or fight. So, the logic goes, biology has decreed that their place is in the home, to serve as the caretaker and caregiver for the man who is able do those things. Yet every day, women are demonstrating the falsehood of such ideas. Sure, the average man is physically bigger and stronger than the average woman, but that does not tell us if he’s braver, more intelligent, a better hunter or a better fighter. After all, humankind’s rise to the top of the food chain has little to do with the size of our muscles.

Femininity is associated with silly and frivolous pursuits while masculinity is about serious things. Women gossip, men talk; women are vain and illogical; men are practical. Yet this script is quickly flipped when it suits the latter, especially when it involves labours that are long, non-stop and are most likely to be devalued or demanded for free. Suddenly women are inherently better, more loving and more attentive parents, while men are inherently incompetent assholes who should not be left alone with either the house or the children. This despite numerous studies demonstrating that supposedly hardwired gender differences are really the result of social conditioning – “it is the experience of parenting, and not some inalterable genetic factor or hormone, that constitutes what we call the ‘maternal instinct.’”

Playing the victim card

Of course, this is not welcome news for men. Most of us like the world just as it is. We can do pretty much what we want – boys will be boys – and we justify it (and comfort ourselves) with the delusion that nature decrees that it is the women who must pick up the pieces (and our socks). We are the kings – why would we want to give that up? When nature is no longer a sufficient prop, we resort to inventions like culture, tradition and even the law and conveniently interpreted religion to cement our place at the top. When those are themselves undermined by reason, we turn the tables and, like the folks in the fable, don the garb of the victim.

“The woman whom you gave to be with me, she gave me fruit of the tree, and I ate,” declared Adam. “Nature has given women so much power that the law has very wisely given them little,” is how the eighteenth-century English poet and essayist, Samuel Johnson, sought to justify the oppression of women.

Today in Kenya, we are assailed by online calls for the uplifting of the “boy-child” who has apparently been hard done by as a result of the focus on empowering girls and women. Now it is not in dispute that many boys need help. What is telling is the assertion that the help has to come at either the expense of or as a reaction to that given to girls – even though it is undeniable that across the board, girls and women suffer much more violence and denial of opportunities, mostly at the hands of men. However, the boy-child (and male empowerment) activists many times betray their motives by behaving as if the boy-child problem stems, not from the same patriarchal system that oppresses girls, but rather from the attempt to abolish it and its effects.

This construction of masculinity as victimhood is also evident in the resistance to attempts to decriminalise homosexuality. A typical example is provided by Ghetto Radio, which is popular with Nairobi youth, and which recently reported on the “Alarm Over Rising Rate Of Lesbians In Eastlands”. As Dr Ngumi explains, “Women who are not coded as heterosexual, and thus available for male desire, are going about their business. But here, they are reported to be stirring up ‘fear of being rejected’ in men [in] a falsely alarmist and bigoted news piece which can instigate violence against them.”

A common refrain is that gays threaten the survival of the species, which is baffling considering that they are a tiny minority. And yet, it makes sense if you consider that it is also about group domination as well. As Lara Temple noted in her study of male rape, scholars “have posited … that the subjugation of gay men stems from the perception that they forfeit their male privilege by behaving like women”.

For men who construe sex as something men do to women as an expression of power and penetration as conquest, men who allow themselves to be so penetrated are seen at traitors who endanger the status of all males. It is this idea of a loss of status that is behind the popular notion that homosexuality is somehow “spread” or people are “recruited” into it and that the homosexuals are coming for us all – the patriarchy’s version of the zombie apocalypse.

Biology is not destiny

Gender is probably an irredeemably oppressive way to organise the world. Modelling the world as inherently divided into a male and female half with gendered responsibilities and roles has terrible implications. Take for example Nigerian feminist and academic, Obioma Nnaemeka’s assertion that “each gender constitutes the critical half that makes the human whole. Neither sex is totally complete in itself. Each has and needs a complement, despite the possession of unique features of its own”. This creates the clearly problematic image of a world of incomplete people seeking to find their “other half”, rather than one where relationships are voluntary and can take a variety of forms.

A common refrain is that gays threaten the survival of the species, which is baffling considering that they are a tiny minority. And yet, it makes sense if you consider that it is also about group domination as well. As Lara Temple noted in her study of male rape, scholars “have posited … that the subjugation of gay men stems from the perception that they forfeit their male privilege by behaving like women”.

There is absolutely no reason why, in this day and age, biological differences should be assumed to ascribe limitations beyond the physical – just because nature decrees that it is the women who give birth and breastfeed, there is no reason to assume that they then must be the sole, or even primary caregivers. In the vast majority of instances, men and women can competently perform the same roles and share responsibilities. There is therefore no need to encourage men to get in touch with their supposed “feminine” side since what is coded feminine – such as a desire for and work towards cleanliness, hygiene and beauty in one’s self and their surroundings, as well as a desire to socialise with, care for and listen to others – is actually just human.

The same could be said of arguments that ideas of masculinity need not solely encompass violence and domination. Given that gender and its attributes are social constructions, Nigerian professor of history, Egodi Uchendu, notes that “yardsticks for assessing manifestations of masculinity could differ from place to place and from continent to continent”. There is no one masculinity, rather a multitude of ways to define manliness (as opposed to maleness). Some, like the Zulu, include traits such as honesty, wisdom and respect. Uchendu points out that among the Hua of Papua New Guinea, masculine subjects are seen “highly placed but physically powerless and weak”. And masculinity “is lost by men as they age but gained by women through childbearing”. Yet it is unclear why certain human qualities should be reserved to a particular sex at a particular time (or why their acquisition should necessarily come at the expense of other desirable traits) when they are clearly available to everyone at every time. And worse, they inevitably set up a power dynamic and competition that opens doors to violence and domination.

Towards a gender-free world

Creating a world free of gender does not mean that people wouldn’t think of themselves as men or women just as ridding the world of racism and tribalism needn’t require that people forsake their other made-up identities based on the biological adaptations coded as race, or on the imagined lineages coded as tribe. It just requires that we acknowledge that these are not markers of inherent differences beyond the physical or genealogical – if even that. This, however, will not be easy, just as creating a world free of other bigotries is not. The legacies of millenia of discrimination and marginalisation will need to be addressed and people, especially women, should be afforded help to overcome it. It is that legacy, for example, that necessitates measures like the not-more-than-two-thirds gender rule.

Unfortunately, we do not have recourse to a Thanos-like snap of the fingers that would dissolve long-standing bigotries and hostilities. Legal changes, while necessary, are not sufficient. They will need to be accompanied by targeted efforts to help women, as well as civic and cultural education campaigns and societal willingness to learn new ways to live and relate with each other. Change would take time to effect and to take hold. There will be many false starts, as there have been in the fight against racism and tribalism. But in the end, it will be worth it.

Creating a world free of gender does not mean that people wouldn’t think of themselves as men or women just as ridding the world of racism and tribalism needn’t require that people forsake their other made-up identities based on the biological adaptations coded as race, or on the imagined lineages coded as tribe. It just requires that we acknowledge that these are not markers of inherent differences beyond the physical or genealogical – if even that.

Getting rid of gender-determined roles would require men, for example, to shoulder their fair share of unpaid household labour – cooking, cleaning and caring – most of which is foisted on women. This would free the latter to pursue education, dreams and careers. In fact, a growing body of research suggests that what we often think of as a gender pay gap is more accurately described as a childbearing pay gap or motherhood penalty. Basically, women take a lifetime earnings hit when forced to drop out of the workforce to take care of children. In Kenya, a 2018 report by USAID notes that “unpaid care and domestic work burdens limit women’s contributions in and benefit from productive activities, constrains their mobility, and limits their access to market resources”. The same does not happen to men. In fact, a New York Times piece on pregnancy discrimination noted that while “each child chops 4 percent off a woman’s hourly wages…men’s earnings increase by 6 percent when they become fathers”. Yet there is no physical or biological reason why childcare and domestic duties cannot be more equally shared.

Dr Ngumi notes that “if masculinity is defined by oppression, for men it cannot be practised without it”. Going forward, Kenya, like other societies around the world, will need to address the problems created by the toxic idea of gender and to create better, more meaningful, and more complete notions of humanity that are not legitimised by the oppression of someone else. Men, in particular heterosexual men, will need to understand that life is not a zero-sum competition with and over women. The truth is, as Kenyan lawyer and writer, Marilyn Kamuru says, “There is room for all of us, men and women, heterosexual and homosexual, to live more authentic, freer lives.”

Breaking the dominance chain

Still, the question remains: What would men gain by relinquishing the power that masculinity has so far unfairly accorded them? Freedom for one. Because it is not just women and LGBTI folks who are oppressed by the idea of gender; heterosexual men are too. Kenyan academic Godwin Murunga notes that “the idea of flawed or hegemonic masculinity has been used to indicate that though all men enjoy the “patriarchal dividend” by the sheer fact of being men, these dividends do not accrue to all of them in the same manner and in equal measure”. It is perhaps more useful to think of it as a spectrum of domination, with women and sexual minorities at the bottom but with dominance being expressed right through the chain. Masculinity causes men to harm other men who are weaker, poorer, or who are of a different race or religion.

During the recent brutal attacks on protesters in Sudan, many men, as well as women, were raped by the Janjaweed militias. In fact, the rape of men is well-documented as a weapon in conflicts ranging from the Syrian civil war to that in the Democratic Republic of the Congo. And, as with the rape of women, it is about power, not sex. As a harrowing report on the rape of men in the Guardian explained, notions of gender and masculinity force a conspiracy of silence between perpetrators and victims with the latter often stigmatised and deserted by family and friends once their story is discovered. One victim in the report was afraid to let his own brother know: “I don’t want to tell him…I fear he will say: ‘Now, my brother is not a man'”. This demonstrates the truth of Lara Temple’s observation that “the rape of men is a form of gender oppression in which gendered hierarchies are reproduced”.

As alluded to above, men are also forced to give up a part of their human self in order to become more manly. The prohibitions against showing emotion, the constant competition to be First Bodi – or Alpha Male, the pressure to accumulate sexual “conquests”, all these take their toll, constantly shrinking their pool of experience, isolating them from the world, turning them into tired, grumpy, angry, old men, who have no idea how to love, how to be tender, how to be kind, or how to maintain mutually beneficial human relationships.

And they are downright dangerous. Studies have shown that “the system that keeps men in a collectively dominant position over women and in competitive relations to other men comes at a cost for men in terms of their health and quality of life. Faced with an ideal where physical resilience is valorised, men find it harder to seek healthcare and engage in preventive activities.”

On the other hand, equality has clear benefits for men. As Thomas Sankara said, “We do not talk of women’s emancipation as an act of charity or because of a surge of human compassion. It is a basic necessity for the triumph of the revolution. Women hold up the other half of the sky.”

Women’s empowerment need not – and does not – come at the expense of men. On the contrary, it is indispensable to their welfare and to that of all of society. The World Bank estimates that gender inequality in 2014 cost the global economy $160 trillion – which is double the total estimate for global GDP. And that figure has been rising along with population growth. Twenty years before, it was $123 trillion.

Bigotry, in the end, is incredibly short-sighted even as concerns the bigot’s own interests. “The repeal 162 case is an excellent example of this,” says political analyst and author, Nanjala Nyabola, citing the High Court ruling upholding laws criminalising gay sex. “Was it worth unraveling constitutional protections against discrimination just to protect a heteronormative idea of marriage which wasn’t even on the table?” she asks pointedly.

The cost of discrimination is not just to the victims but is borne by society as a whole. All of Kenya would benefit from a more diverse Parliament in terms of better governance. And the refusal to implement a constitutional principle is not just troubling for women. For if the people in power can ignore that provision, who is to say they cannot ignore any other provision? Are men really willing to forgo their own protections just to keep women in their place? Rather than be king of a small pond, wouldn’t it be better to share the bounty of an ocean of humanity? Only a man blinded by the idea of masculinity would say no.

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Call It By Its Name: Tribalism’s Moment in American Politics

Tribalism has become a buzzword within American politics at present, but that doesn’t make it untrue. The affliction becomes especially acute when compared with the state of tribalism within East Africa, particularly in Kenya.

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Call It By Its Name: Tribalism’s Moment in American Politics
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The United States of America has a fundamental issue with using certain terminology. When it comes to certain hills, the cultural norm is to die upon them without admitting certain ugly truths. The issue of American tribalism is one such battle of attrition.

In the US, in all brutal honesty, there is no admittance to looking at issues through a tribal lens; it is considered an almost uncouth term, inaccurate, sensationalist and (through a more ugly lens) applicable to an interchangeable “other”. I’ve had conversations revolving around this, when Americans are quick to point out that the issue of “tribalism” is a fundamentally African problem, something that occurs overseas, within countries that are painted with an unspoken brush of “lesser” – less developed, less “civilised”, less democratic, less Western, depending on the kind of jingoistic plug they want to apply to racism or neo-colonialism.

Tribalism has become a buzzword within American politics at present, but that doesn’t make it untrue. The affliction becomes especially acute when compared with the state of tribalism within East Africa, particularly in Kenya. The issue is, above all, an insidious indictment against another group. It is an inherent and unfounded bias against perceived characteristics that cuts across facts and rationality. Tribalism is, in many aspects, the very epitome of the “us against them” mentality. So how does this play into American politics?

The very definition of tribalism, according to Merriam Webster, is “loyalty to a tribe or other social group especially when combined with strong negative feelings for people outside the group”. Americans just tend to think that this is merely a question of ethnicity, of belonging to a literal tribe, thus positioning themselves falsely above the fray; in denial of any association with any such allusion parallel to an issue often associated with the “developing” world.

Americans just tend to think that this is merely a question of ethnicity, of belonging to a literal tribe, thus positioning themselves falsely above the fray; in denial of any association with any such allusion parallel to an issue often associated with the “developing” world.

As Kenyan citizens are all too aware, the very nature of tribalism is its pervasiveness. For those prescribing to fall in line with tribal ideas, it can become all-encompassing and derogatory of other groups in the extreme. In the mind of a “tribalist”, Kikuyus are shrewd business minds and are surely taking over the country to their own ends; Luos are loud and boisterous, too uncouth for political control; Merus have long fuses but terribly explosive tempers once the fuse is completed; Kalenjins will borrow things but are not to be trusted with them; Kambas are flashy in their style but have spent the rent for the style achieved. All of these stereotypes, when manifesting as the first and foremost notion of a group, can become deeply engrained, however head-slapping they may be.

Despite the progress made over these divisions in Kenyan society, it is still a common occurrence to come across an individual who holds true to their notions about others, and can’t be told otherwise. It is the last aspect, that of being unable or unwilling to deviate from a divisive perception that is most applicable to the political situation in the United States approximately 17 months ahead of the 2020 presidential election. The liberal and conservative wings are at each other’s throats to an extent that hasn’t been seen in the United States since the darkest days of the clashes between those against the Vietnam War and those supporting the military action.

Therefore, it is only right to look with a critical lens towards my own side, my own social identity, my own political “tribe”. It is time for me to admit my personal political views. I fall into the liberal camp and have always done so. Despite my leanings, it is impossible to look at the tone of the liberal wing of American society objectively and not view them as part of the problem, at least with regard to the furthering of the tone. I will pause here and allow for a multitude of familial connections and social acquaintances to send me sharply worded messages explaining that their side is worse; it is them that are furthering the division, that it is Republicans who are on the wrong side and that good liberal democrats could never think as cruelly as conservative voters do. They prove my point: one of the ugly realities of tribalistic thinking is to buck criticism from those within your own ranks and to view such criticism as a betrayal to the group.

From the liberal side of things, the perception is clear. There is open talk among the left that Republicans are a “threat”; that they are “seizing control” and are “selling out to a dictator to get what they want”. It is rebounded off left-leaning media echo chambers, in satire, from Democratic politicians themselves. Tribalism, in its essence, is finding societal safety in a group, and damn the others if you think they impede on your safety.

The messaging from the left-leaning side is that the right-wing tribe is a threat, that they are a minority in the US that are seeking to maintain their ill-gotten political control by any means necessary, including those means that are less than democratic. They are only in the game for themselves, while exploiting members of their own political base (who will, of course, follow them blindly) to gain more of a stranglehold on American society; the Republicans are trying to form the United States as moulded around the conservative ideal (which was based on oppression in the first place, of course) in spite of what would be a “positive outcome” for the long-suffering masses. (The Kenyan reader will probably find that prior statement uncomfortably familiar in tone to some of the talk swirling about before the 2007 elections. This is meant in no way to diminish the horrors of the post-election violence and elevate American problems as to somehow “more so”; merely to point out tonal similarities.)

The conservative tribe must also be examined in close detail, as there a direct line to cut towards tribalistic tendencies in both tone and action. From this end, some of the divisions have been made more acute, if not deepened in a more extreme fashion. When dealing with issues of the politically tribal, the top brass should be the major holder of any responsibility for the messaging and resulting actions of their followers.

There is no clearer example of an individual who should be held accountable than that of Donald Trump himself. It isn’t an exaggeration to state that he has frequently engaged in incitement along tribal lines. His words must speak for themselves. Mexicans (and other Latin American migrants) are rapist criminal invaders, hell-bent on taking the “homeland” for their own ill purposes. Democrats are disgusting, manipulative and treacherous, seeking to overthrow the very power that the conservatives currently lay claim to within the United States. Muslims are a threat, and are to be banned. Political dissidents are committing treason. Those who investigate serious allegations of ongoing criminal activities are actively engaged in a “witch hunt” and must be ignored by those loyal to the White House, regardless of evidence.

The conservative end of the media, such as FOX News, isn’t much different, repeating talking points, calling Democrats “rats” in front of millions of viewers. The barrage of information, misinformation, and accusation-hefting has become a constant staple. Those Republican politicians who have fallen into the camp of “dissent” have their loyalty publicly questioned by the White House. That’s the essence of political tribalism – to further the message of the group through a means of clarity-by-murkiness.

In recent weeks and months, Trump has spoken repeatedly and publicly (without proven basis) of a conspiracy against him aimed at usurping the White House and launching some sort of coup (as those loyal to the left could never accept the outcome of a controversial election in 2016 and are thus trying to undermine the administration). Violent action is repeatedly hinted at, to be carried out at the hands of “those with the guns” in America.

The conservative end of the media, such as FOX News, isn’t much different, repeating talking points, calling Democrats “rats” in front of millions of viewers. The barrage of information, misinformation, and accusation-hefting has become a constant staple. Those Republican politicians who have fallen into the camp of “dissent” have their loyalty publicly questioned by the White House. That’s the essence of political tribalism – to further the message of the group through a means of clarity-by-murkiness.

So what is the result of this political climate in America? Both sides have gone further towards their respective ideologies, leaving a gaping gulf between them, with little room for political maneuvering, social interaction, or public discourse within it. At a localised level, the true extent of tribalism comes to fruition: neighbours fuming at each other, families not on speaking terms, friendships ending and punches thrown at political rallies. This is fundamentally a problem of communities being pitted against one another; and is a question of being primed to do so, with the loudest voices being lifted to the forefront and drowning out what one report on tribalism in America called “the exhausted majority” – those tired of the constant fighting but resigned to the untoward realities therein. Those at the fringes hold more and more sway, and hold the rest of the community accountable to fall in line, encouraging that silence. Right now in the United States, that is the pervasive tone. The average person, upon hearing a political discussion, seems spent by the very idea of engaging in it, turned off, angry and unsure of what to do; there seems to be an air of not knowing exactly what to do about the perceived takeover of the political discourse.

A fundamental misunderstanding of tribalism is that is the entirety of a population that becomes ensnared and takes extreme action. This largely isn’t the case; it is usually a small proportion of the population yelling the loudest and taking to the streets in numbers that would intimidate other disorganised citizens. In America, those few yelling the loudest often have semi-automatic guns.

Will the United States look to Kenya to learn from the nation’s recent history? There is, unfortunately, little to no chance of that, as American society is nothing if not jingoistic and bullheadedly independent. If one was apt enough to look though, the entire blueprint of the darkness of tribalism invading politics would be laid bare in the Kenyan example; the same tones used, the waters of messaging getting muddied, the divisions deepening, and finally, in the wake of a disputed and inflammatory election, an entire nation taken to the very brink of irreversible damage.

If tribalism, at its very core, is identity politics, are the political climates within the two countries truly all that different? It reflects badly upon the US, in a further parallel to view itself as somehow “above” sinking to political violence at levels comparable of those “other” countries. After all, in much of the West, Kenya pre-December 2007 was talked about in a patronising tone of being a “good” African country incapable of slipping into a vacuum of politically stoked bloodshed. The explosion in Kenya was largely sparked by a rough year-long period of fear-mongering and polarising rhetoric and speech so questionable that six prominent Kenyan public figures of politics and the media were investigated by Kenya and the International Criminal Court for incitement to violence. This period of amplification came atop decades of divisive politics and tribalistic tension.

Within the US, although the overall feeling remains that the nation will somehow carry on unscathed, historical evidence points to a potential for a darker outcome. Already, there have been calls that the 2016 election outcome was somehow “rigged” on the part of the Democrats, stealing a result that wound up in an electoral college victory regardless.

There is a further wrinkle when addressing the political leaders engaging in tribalism: they often skate on with impunity, above the fray that they’re helping to create, outside the fire that they’re stoking and without real consequences for their statements and actions.

The protectionist mantra has also been intensified, with “armies” of Latin American immigrants allegedly due at any second to stream across the border and snatch away power. There have been explicit nods to white nationalist causes from the White House, making the statement that in fact, yes, white America has something to fear. Trump in essence has been stating that he alone can combat the causes of those fears, real or imagined. It isn’t a stretch of the imagination to look at some of the statements made by the current administration as acts of tribal incitement. He’s offered protection to his supporters who would act violently at political rallies against protesters, offering to even “pay their legal fees”. He’s repeatedly attacked his critics, even, in the case of Senator John McCain, after their passing due to their political opposition to him. He has repeatedly dehumanised those outside his support group, calling them cowards, liars, cheats. He has heralded the most vehement and extreme among his base, even to point of promoting them to be members of the White House staff. He’s even claimed publicly that if an attempt to formally remove him from office were made, a revolt would take place in the US. If tweets, including such inflammatory language, had come from an African leader’s phone at 3 am, it might well end up as exhibit A at International Criminal Court proceedings.

There is a further wrinkle when addressing the political leaders engaging in tribalism: they often skate on with impunity, above the fray that they’re helping to create, outside the fire that they’re stoking and without real consequences for their statements and actions. That is the case with Trump currently; even as he’s preyed upon the pre-existing divisions within the US for his own personal exploitation and “all coverage is good coverage” political PR strategy, nothing concrete has stuck to him. He still holds the office, he still wields power, he’s consolidated his political base around him to the extent of commanding the highest ever approval ratings among his base, all the while pushing the left further away and across the void. No charges have been made against him. There has been no formal announcement of impeachment. The powerful political figures in his party have largely fallen in line. During the run-up to the 2016 presidential election, there was an outpouring of violence at political rallies. It is yet to be seen if the continued toxicity of the last three years will bleed over into the ramping up of the political season, and if that dye has already been cast.

In 2007 it did in Kenya and in the aftermath of it all, no one was really held to account. Those who suffered the most were far away from the lush compounds in Lavington or Karen; far away from jetting out of the country for an extended holiday or a jaunt in Zanzibar, and that, more than anything, is the inherent tragedy of tribalism; that those who champion division, rile the sides to rattle sabers against one another and possibly incite actual violence never end up holding the water for anyone below them.

The real answers, however, aren’t in the lofty political bourgeois debate and scramble for influence, but down at the street level, where Americans are forming their own ranks among the citizenry.

The likes of Donald J Trump have the capital to stay away from it all and to give the same sleazy statements feigning outrage at the very notion that they should somehow be held to account for their words and actions on media platforms, on the campaign trail, and within the very halls of power. Floyd Mayweather has nothing on the ability of a tribe-stoking politician to duck a punch. No lessons have been learned in the US, not from our own recent election, not from Kenya’s past and not from any international voice or citizen of the “political bubble”. The problem is that in a nation so driven to the extreme of division, in this far out of the actual depths of election season (and the actual ballot day of Tuesday, November 3rd, 2020), the bottom is very hard to see. After all, the Democratic Party is still a year out from picking a champion and it is yet to be seen if any in the Republican Party would dare to challenge Trump (a move which would inevitably push him to consolidate his base by bringing them closer into the fold).

The real answers, however, aren’t in the lofty political bourgeois debate and scramble for influence, but down at the street level, where Americans are forming their own ranks among the citizenry. Just the other week, on the steps of the state capital of Wisconsin in Madison (itself an incredibly divided so-called “swing state”), a protest against the recent anti-abortion measures passed in Alabama took place, and I joined in the ranks of those protesting against the recent ban. I watched as in front of me members of the two sides yelled into each other’s faces over the shoulders of police ranks formed to keep proceedings calm. Nothing was resolved, but in that exchange I saw a microcosm of such confrontations that can only increase in frequency and vehemence in the months and years to come. But to what end is impossible to say. Neither side is willing to give an inch at this point, a precarious position to take when at the precipice.

If ever there was a time for America to listen, for once, to Kenya, it is now. For the people in the Rift Valley, nothing was resolved despite all the posturing and promises. Those who lit the fire in Kenya stood back and watched the flames rise. Right now in the United States, it seems, that some in power are willing to flick the matches.

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