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NOW UN TOO DECIDES MEDIA IS THE ENEMY: WIPO, FAO, in unprecedented move, waive immunity to sue journalists for defamation

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Malindi, Kenya – AN UGLY WAR THAT MAKES A MOCKERY OF THE UN’s CORE MANDATE

On World Press Freedom Day on May 3, the United Nations Secretary-General Antonio Guterres called on world leaders to ‘defend a free media’ and to put an end to ‘all crackdowns against journalists because a free press advances peace and justice for all.’ Yet the UN’s own senior officials are engaged in an ugly war against the media that has made a mockery of the Secretary-General’s message and the UN’s commitment to uphold Article 19 of the UN Charter that protects everyone’s right to freedom of opinion and expression.

The heads of both the Geneva-based World Intellectual Property Organisation (WIPO) and the Rome-based Food and Agricultural Organisation (FAO) have taken the unprecedented step of suing journalists for defamation – a highly unusual act because the UN and its employees enjoy immunity from prosecution, which means that in order to bring a case before a national court they have to surrender this immunity – which rarely happens.

The WIPO case is particularly intriguing as it has surfaced at a time when North Korea is amassing sophisticated military weapons and threatening a nuclear war. According to those who are familiar with the case, in 2014, James Pooley, Moncef Kateb and Miranda Brown, three high-level WIPO staff members, alleged that Francis Gurry, the Director-General of WIPO, had authorised the shipment of high-level American information technology to North Korea in violation of United State sanctions against the country and without the approval of the UN Security Council. For their efforts, all three staff members suffered severe retaliation; Pooley was investigated for misconduct, Kateb was fired and Brown was forced out of the organisation after being continuously harassed.

In February 2016, Brown told lawmakers in the United States that Gurry had told her that WIPO was not bound by US or UN sanctions and that as a member state of the UN, North Korea deserved ‘technical co-operation.’ In her testimony to the US House Committee on Foreign Affairs, Brown stated that one her colleagues had informed her that the shipment was a reward for North Korea’s support for Gurry’s election as Director-General of WIPO in 2008. Interestingly, despite all these developments, Gurry continues to enjoy his hefty salary and top job at WIPO.

BLOW YOUR WHISTLE… AND GET FIRED

Even though the UN has a whistleblower protection policy, UN whistleblowers’ experiences show that the policy has proved to be largely ineffective; in fact, most UN whistleblowers are ostracised, demoted, fired or blacklisted because they are perceived to be an existential threat to the UN’s moral authority and legitimacy.

In 2014, for example, when Anders Kompass, the director of field operations at the Office of the UN High Commissioner for Human Rights, reported to the French government that French peacekeepers operating under the authorisation of the UN Security Council in the Central African Republic were sexually abusing boys as young as nine-years-old, he was asked to resign. When he refused to do so, he was suspended for ‘unauthorised disclosure of confidential information.’ He was only exonerated after an inquiry cleared him of all charges. Kompass has since resigned from his UN job. He told the Guardian newspaper that his ordeal at the hands of the UN had left him ‘disappointed and full of sadness.’

Even though the UN has a whistleblower protection policy, in fact, most UN whistleblowers are ostracised, demoted, fired or blacklisted

Unfortunately, cases of peacekeepers sexually exploiting women, girls and boys have not stopped since Kompass exposed them to the French government, nor has the UN taken significant steps to stem these crimes. A recent investigation by the Associated Press found that UN peacekeepers have been routinely sexually abusing minors in countries such as Haiti for years, and that few of them are reprimanded or jailed. The UN’s normal reaction to these cases is to first to engage in a cover-up, then to deny the scale of the problem instead of ordering an investigation.

The case of Emma Reilly, who works in the same organisation where Kompass worked, illustrates how difficult – and perilous – it can be to report criminal, illegal or unethical activities within the UN. In 2013, Reilly told Navi Pillay, the then UN High Commissioner for Human Rights, that a senior member of staff was giving the Chinese government the names of Chinese dissidents who were to attend a meeting of the Human Rights Council in Geneva. Instead of reprimanding the staff member who was placing the dissidents’ lives in danger, Pillay’s senior staff began harassing Reilly. Only in 2016, when Reilly informed the Irish government of this betrayal of human-rights defenders by her organisation did the practice stop. Now Pillay’s successor, Prince Zeid Ra’ad al Hussain, wants to have Reilly investigated for ‘leaking’ information.

The UN is also known for sacking or not renewing the contracts of individuals who threaten to expose fraud or corruption within the organisation. For instance, when Rehan Mullick, a database manager, informed UN senior managers about stark irregularities in the UN’s Oil-for-Food programme in Iraq, his contract was not renewed. However, two years later, UN Secretary-General Kofi Annan was forced to appoint a team of international investigators to look into irregularities within the programme after the Wall Street Journal published a shocking exposé that showed that the Iraqi dictator Saddam Hussein was using front companies that were receiving kickbacks from the programme and the UN preferred to look the other way. The Volcker Commission’s investigations found that more than 2,000 companies and individuals from over 40 countries had paid bribes or kickbacks to Saddam to participate in the programme and that billions of dollars had been lost. Despite having forewarned the UN Secretariat in New York about what would turn out to the biggest scam in the UN’s history, Mullick remains just a footnote in a long list of scandals that have plagued the UN in recent years.

INSIDERS ARE FAIR GAME, BUT JOURNALISTS?

But while the UN has a well-known history of retaliation against staff members who report wrongdoing within the organisation, its senior managers rarely retaliate against journalists who report misconduct, abuse of office, fraud or corruption within this world body. Which is what makes the WIPO and FAO cases so interesting.

In January this year, a journalist with World Radio Switzerland reported a protest against WIPO boss Francis Gurry over alleged corruption and abuse of power. The reporter also quoted a US Congressional Committee that had described WIPO as ‘the Fifa of the UN’ for the scale and number of scandals that the organisation had witnessed under Gurry’s tenure. The WIPO boss filed a criminal case of defamation against the reporter.

‘The very notion of a criminal complaint for defamation being an anathema to the principles and values underlying the United Nations, it is unthinkably improper that a UN agency itself, and its Director-General, initiate a domestic legal procedure so abhorrent to UN values’

Matthew Parish, the lawyer who is acting as defence counsel for the reporter, says that he finds it ironic that the UN, which has long sought to abolish criminal penalties for journalism and free speech, has condoned – and not even commented on – Gurry’s unusual action. On the contrary, UN Secretary-General Antonio Guterres, not only sat alongside Gurry at a meeting of top UN executives held in Geneva recently, but also praised WIPO for its excellent work.

Parish told the New American magazine that Gurry’s actions against the reporter were a violation of everything the UN stands for. ‘The very notion of a criminal complaint for defamation being an anathema to the principles and values underlying the United Nations, it is unthinkably improper that a UN agency itself, and its Director-General, initiate a domestic legal procedure so abhorrent to UN values,’ he said.

Gurry also appears to have flouted the UN’s own rules pertaining to the privileges and immunities that UN staff enjoy. The UN Charter and the UN’s staff rules accord immunity from prosecution to UN staff and its representatives, not just in the country where they are stationed but also in their own countries. This type of immunity is not even accorded to ambassadors, who may be tried in their own countries, if not in the countries where they are serving.

In order to bring a criminal case to a national court, the UN has to bypass its own internal justice systems and flout its own rules and regulations. This rarely happens because it would mean that as either plaintiff or defendant, UN officials subject themselves to the laws and courts of the country where the case is filed, and in doing so, surrender their legal immunity. This scenario could end up being a double-edged sword for the UN – if a UN official can waive his or her immunity and appear in a national court, then aggrieved parties, including UN whistleblowers and families of children abused by UN peacekeepers, can use that waiver to countersue a UN official or take the UN to court. This case thus represents a legal quagmire that may end up hurting, rather than helping, the UN.

If a UN official can waive his or her immunity and appear in a national court, then aggrieved parties, including UN whistleblowers and families of children abused by UN peacekeepers, can use that waiver to countersue a UN official or take the UN to court. This case thus represents a legal quagmire

Meanwhile in Rome, FAO has a filed a case against the English language publication Italian Insider and its editor John Phillips for damaging the UN agency’s reputation through articles exposing corruption, cronyism and nepotism. FAO is demanding hefty damages in this case, which could force the publication to shut down. One of the scandals that the Italian Insider exposed was the appointment of former Peruvian First Lady Nadine Heredia to a senior post at FAO, apparently so she could escape charges of corruption and money laundering in her own country.

This is not the first time that the Rome-based agency has come under attack. A few years ago, D.T Krueger, a former FAO employee, wrote a book called UN: A Cosa Nostra that described the mafia-like management culture at FAO. According to Krueger, three-quarters of the funding received by FAO is spent on administration, staff, travel and accommodation costs, and little reaches those who need it the most. Which could explain why so many of the FAO’s agricultural and food security projects have failed in countries such as Somalia, which has been suffering from chronic food insecurity for decades.

THAT OLD TIME MAFIA METHOD: SWIFT RETALIATION

The people most likely to report unethical or criminal activities within the UN tend to be insiders, but as many of their cases have shown, the UN, like the Italian mafia, has a swift and efficient mechanism to get rid of these whistleblowers through retaliatory actions, including harassment, character assassination and dismissal. By the time the whistleblower understands what has happened to her, it is too late. The systematic cover-ups and denials, and the failure to adequately investigate the wrongdoing, make it virtually impossible for the whistleblower to receive justice from the UN’s internal justice systems, which are heavily biased in favour of senior UN management. The fear of being blacklisted also prevents UN whistleblowers from speaking to the media or to seek remedy through internal channels.

The Washington-based Government Accountability Project (GAP) found that more than 95 per cent of whistleblowers’ complaints to the Ethics Office never get investigated. In fact, a complaint to the Ethics Office is likely to land the whistleblower in even more trouble, as I found out

The UN Ethics Office, which is supposed to protect UN whistleblowers from retaliation, is notorious for not protecting those who report wrongdoing. The Washington-based Government Accountability Project (GAP) found that more than 95 per cent of whistleblowers’ complaints to the Ethics Office never get investigated, and that whistleblowers get little moral support from this office. In fact, a complaint to the Ethics Office is likely to land the whistleblower in even more trouble, as I found out when I reported suspected abuse of office and fraud at the United Nations Human Settlements Programme (UN-Habitat) when I worked there. The retaliation against me – in the form of public humiliation, intimidation, character assassination and threats of non-renewal of contract – escalated as soon as I sent the complaint, which suggested to me that the Ethics Office shared my letter with my bosses. My attempts to report the wrongdoing to senior managers also failed; none of them intervened on my behalf or ordered an investigation to ascertain whether my complaints were genuine.

The Washington-based Government Accountability Project (GAP) found that more than 95 per cent of whistleblowers’ complaints to the Ethics Office never get investigated. In fact, a complaint to the Ethics Office is likely to land the whistleblower in even more trouble, as I found out

When I filed an official complaint through GAP, the Ethics Office responded by saying that while there was probably evidence of wrongdoing in my allegations, it could not establish whether I had experienced retaliation. This meant that my case was essentially closed because if one cannot prove retaliation, one cannot move one’s case forward.

A HARD RAIN’S GOING TO FALL

Unfortunately, UN whistleblowers are in for an even harder time. A revised whistleblower protection policy adopted in January this year gives the Ethics Office even more powers. UN whistleblowers face the threat of being ‘disciplined’ if their allegations or complaints are found to be false or based on ‘rumours.’ ‘This means that if a staff member suspects wrongdoing in his or her department, and makes a complaint so that further investigations can be carried out, and then it is determined that there was no wrongdoing (which usually happens as the UN rarely admits that wrongdoing takes place within its hallowed halls), that staff member could face disciplinary action for spreading ‘rumours.’

The revised 2017 UN whistleblower protection policy is an improvement on the old 2005 policy in that it does allow UN whistleblowers to approach an external entity or individual if they believe that the internal justice system has failed them or is unlikely to protect them. However, it severely limits the kinds of information they can divulge and the types of entities and individuals they can approach.

If WIPO and FAO win their cases against the journalists, that will be another nail in the coffin of accountability and transparency at an organisation that was formed 70 years ago to protect the human rights, dignity and freedom of expression of every human being on this planet

The revised policy states that an individual can only report misconduct within the UN to an external entity or individual if the report does not cause ‘substantive damage to the Organisation’s operations,’ which is another way of saying that the revelation does not damage the UN’s reputation. In the Reilly and Kompass cases, for instance, the UN could argue that by approaching a government, they had damaged the UN’s reputation, which could impact the organisation’s operations (as these governments would be reluctant to fund the organisation’s future operations). What’s more, the UN could even ‘discipline’ a UN whistleblower for spreading ‘rumours.’

In essence, the revised policy is a gagging order on UN whistleblowers and a significant step backwards in improving accountability within the UN. It appears to give whistleblowers greater leeway in reporting wrongdoing, but takes away this freedom through stringent conditions that cannot be met because most whistleblower cases never reach the official investigation stage. The revised UN whistleblower protection policy thus reinforces the UN’s culture of cover-ups, corruption and impunity.

Having effectively silenced its own staff members, it seems the UN is now on the warpath against the media. If WIPO and FAO win their cases against the journalists, that will be another nail in the coffin of accountability and transparency at an organisation that was formed 70 years ago to protect the human rights, dignity and freedom of expression of every human being on this planet.

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Ms Warah, the author of War Crimes, a sweeping indictment of foreign meddling in Somalia, and A Triple Heritage, among several other books, is also a freelance journalist based in Malindi, Kenya.

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The ‘Othering’ of Somalis and How This Impacts Kenya’s War on Terror

15 min read. IBRAHIM MAGARA argues that instead of exploring opportunities to heal wounds, and mending ties in pursuit of the national interest, specifically national security, the Kenyan state has adopted counterterrorism approaches and strategies that are deeply divisive and historically and contextually insensitive.

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The ‘Othering’ of Somalis and How This Impacts Kenya’s War on Terror
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Since September 11, 2001, the war on terror and associated programmes, such a countering violent extremism (CVE), have been a major focus of attention among experts drawn from a multiplicity of sectors and disciplines. The “war on terror” has been an evolving yet controversial realm of academic inquiry and policy discourse whose implementation is characterised by controversial conceptual contours and dramatic practical turns, with important challenges both in the United States (its origins) and abroad. It is a war that remains as elusive in actuality as it is contested as a concept.

So far one cannot confidently point at any known example of a society that has waged and won this war and indeed there is scepticism as to whether any will for the simple reason that that the said war is unconventional. Perhaps the best known way to win the war on terror is not to start one. But Kenya has, over the years, positioned itself as an unswerving ally of the West, particularly the US, in this war and as such the country is already deeply engaged in one.

This then raises the question about what we know about better ways, if any, of going about the war on terror and CVE. A lot of commentators on this subject have consistently argued for the need to focus on “winning hearts and minds”, particularly of members of the affected society – the so-called “at risk” groups – as a better approach to CVE programmes and addressing the menace of terrorism broadly understood. This entails, among others, the ability to create and diligently transact on a counter-narrative to sentiments of violent extremism with the aim of winning the confidence of the most affected communities in view of (i) dissuading those already engaged in this barbarism; (ii) reducing and hopefully eventually eliminating new recruitments and; (iii) recruiting and deploying the concerned and/or “at risk” community as an ally in the fight against the vice.

In the case of Kenya, and following the said logic, therefore, the Kenyan Somali community, given its strong national and cultural ties with Somalia (the base of Al Shabaab), is a major player which must be constructively and meaningfully engaged if the country is to make any significant gains in as far as the so-called war on terror and CVE programmes are concerned. However, I argue that there is a little problem here given the fact that the Kenyan state and the Somali community have historically not enjoyed good relations, hence raising the question about how such antagonism negatively impacts Kenya’s CVE programmes and its approach to the war on terror in general.

The cost of terror

Having suffered numerous attacks, stretching from the 7 August 1998 bombing of the US embassy in Nairobi by elements linked to Al Qaeda to this year’s attack on the dusitD2 hotel complex in upmarket Nairobi, Kenya has undoubtedly paid a huge price with regard to terrorism, just as it has had its share of challenges related to CVE. Even as the country marks the 21st anniversary of the 1998 bombing that claimed over 200 lives, the risk of terror lurks, its smell lingers with its dangers obviously palpable as are its scars.

In the case of Kenya, and following the said logic, therefore, the Kenyan Somali community, given its strong national and cultural ties with Somalia (the base of Al Shabaab), is a major player which must be constructively and meaningfully engaged if the country is to make any significant gains in as far as the so-called war on terror and CVE programmes are concerned.

The impact of Al Shabaab’s reinvention and sophistication was first felt in Kenya and indeed the world during the Westgate mall attack on 21 September 2013 that left 68 dead and more than 200 wounded. Before this incident, Al Shabaab was associated with arguably low-level attacks, such as hurling grenades and/or improvised explosive devices (IEDs) at groups of people in public spaces, such as churches, mosques, markets and bus stops, coupled with incidents of hijackings and kidnappings, especially in the north-eastern and coastal regions of the country.

After Westgate, two other complex attacks have been executed by Al Shabaab that not only led to loss of life, but also caused untold pain to Kenya and Kenyans. These were the Garissa University attack on April 2, 2015 in which 147 people, most of them students, were killed and the dusitD2 hotel complex attack on 15 January this year that left 21 dead. Such attacks have raised questions about Kenya’s preparedness, its ability to deter such attacks and/or deal with them, and most importantly, whether there are assurances of non-recurrence.

The number of Kenyans who have since died as a result of Al Shabaab attacks is certainly staggering. While this is the case, the Kenyan government has arguably not put in place measures to ensure and assure its public and the world that such horrifying attacks will not happen again. Furthermore, the number and frequency of low-level attacks, especially targeting security personnel in the north-eastern region, is worrisome. Even more disturbing is what I call the “kawaidaness” (near normalisation) with which a section of Kenyan society is increasingly greeting the news of the latter kind of attacks.

It is no secret that Al Shabaab still remains a huge threat to Kenya and the region. The terror group appears to have been able to manipulate religion and other historical dynamics, such as Kenya’s troubled internal divisions and worsening political and economic fragmentation along regional and ethnic lines, to further its cause, making it a resilient monster and most importantly an enemy from within whose rise can be seen, in part, as a direct result of the Kenyan state’s (in collaboration with foreign allies) approach to CVE and the war on terror.

The problematic framing of CVE

Following the recent wave of white supremacist attacks in the US, some minority groups, particularly Muslims, including those from Somalia, have continued to express their displeasure with the profiling that is associated with the US’s CVE programmes. Such programmes have been criticised as being vehicles for profiling and criminalising Muslims and other marginalised communities. Similar programmes in the UK under “Prevent” among others, requires all public workers (for example, every public school teacher) to report on radicalisation, solidifying what can be seen as a new channel of “the school-to-prison pipeline” largely affecting immigrants, especially from countries that are predominantly Muslim and Arab.

These kinds of skewed CVE and war on terror programmes and approaches are certainly deeply problematic since they not only create resentment but also provide a clear path through which the targeted communities’ vulnerability to violent radicalisation may actually increase, hence ultimately becoming counter-productive. These kinds of programmes, disguised as security measures, are not by any means new in the world. For example, in the US, there has been the so-called Black Identity Extremist (BIE) programme that has historically been used by the FBI to portray black activists as terrorists and a violent threat to law enforcement, thus creating a dangerous nexus of CVE and BIE with black Muslims as the target of close monitoring and containment.

Some commentators have argued that BIE, Prevent and similar CVE programmes, particularly in the West, are never designed to counter-violence. On the contrary, they are directed at suppressing dissent from marginalised communities, hence their focus is on individual acts rather than the systemic roots of violence. As such CVE programmes are not only ineffective but actually possible avenues of breeding and exacerbating different types and levels of violence, including what is conceived as violent extremism, radicalisation and terrorism in many jurisdictions, including both in the global North and the global South, including Kenya.

Another problem that is closely related to these constructs and approaches is the “othering” associated with how the states in question decide who is “at risk” or who are the “concerned communities”. For example, looking at one of the CVE programmes in Boston, it is interesting to note that it outlines and documents social and economic trauma faced by the Somali community. Then it proceeds to lay out as one of the key solutions to such a social problem the establishment of opportunities and platforms through which the local police spend time with Somali youth aged between 13 and 17 years. It becomes difficult to ascertain if and how this is less humiliating and insulting than other programmes that, for instance, target similar sections of society with mental health support. This is for the simple reason that such programming has already judged and, in most cases, condemned, albeit covertly, a certain group of people as being dangerous, hence in need of help; otherwise they are terrorists, at least in potency.

Some commentators have argued that BIE, Prevent and similar CVE programmes, particularly in the West, are never designed to counter-violence. On the contrary, they are directed at suppressing dissent from marginalised communities, hence their focus is on individual acts rather than the systemic roots of violence.

In short, what runs across such conceptions and praxis is a thoroughgoing governmentality with a long history of criminalisation of marginalised communities, which unfortunately is not an answer to violence but a tool to constantly exclude and then justify the suppression of official state-sanctioned oppression on the grounds of those groups being potential producers of insecurity and/or disruptors of peace and harmony. This is exactly what is happening in Kenya with the securitisation and militarisation of the Somali territories operating within a complex context of historical marginalisation based on contested Somali identity.

The history of the problem

As pastoralists scattered across the vast “wastelands” in the north-eastern part of Kenya, Somalis have historically largely survived in immense isolation, often under deplorable social and economic conditions away from the public domain and far from the centre, neither contributing much to national development nor sufficiently benefitting from economic and political gains that the country has been making since independence. This is, however, changing significantly, given the Somalis’ current ventures into and gains from business and trade.

Somalis have equally been victims of state-led violence of atrocious nature committed across the years, including during the irredentist Shifta War and a number of massacres, such as the Wagalla and Garissa massacres, which collectively saw the killing of over 8,000 Somalis

Somali territories have historically remained highly securitised and militarised. It only takes a road trip from Garissa – just across the Tana River – to Mandera and you will easily appreciate this fact. I recall that during my frequent travels to the region between 2016 and 2018, my driver often jokingly said that “sasa tumevuka mpaka wa Kenya” once we crossed the security check, which is curiously right on top of the Garissa Bridge.

As pastoralists scattered across the vast “wastelands” in the north-eastern part of Kenya, Somalis have historically largely survived in immense isolation, often under deplorable social and economic conditions away from the public domain and far from the centre, neither contributing much to national development nor sufficiently benefitting from economic and political gains that the country has been making since independence.

There are numerous accounts by experts tracing the history of the rise of Somali nationalism in the 1950-60s, the subsequent Kenya-Somalia border controversy and the associated cessation ideology and Shifta War. The systematic historical and contemporaneous alienation of the Somalis is traceable to the rise of Somali nationalism beginning towards the end of the 19th century into early 20th century. This was around the time of the advent of European colonisation and the partitioning of Somali-inhabited territories between Western powers.

The partitioning of the Somali nation between the British, the French, the Italians, and the Ethiopians was a critical moment in the political history of Somalis in the Horn of Africa. The permanent fragmentation of the Somali key grazing areas, which occurred when the British handed over the Somali-dominated, and still contested, Ogaden in 1948 and Hawd areas in 1954 to Ethiopians, was to follow. This set in motion not only one of the most disputed border areas in the Horn of Africa that renewed Somali resistance regionally, but also lay the foundation for Somalis’ later notions of “ambiguous citizenship in Kenya

The years leading to independence for both Somalia and Kenya were epitomised by intensified Somali political disturbances, which were repeatedly echoed in various means. The growth of nationalistic ideology led to the establishment of political parties, such as the Somaliland National League (SNL) and the Somali Youth League (SYL), with goals of furthering Somali nationalism

The quest for Somali unity does not fall too far from Al Shabaab’s dubious claims to unite the Somali people, especially the youth, and guard them against external (particularly Western) corruption, which resonates well with ideologies of Boko Haram in Nigeria and ISIS in the Middle East.

We should not forget that before undergoing the two dramatic transformations that have led to the lethal terror group that Al Shabaab has become, the group was originally a youth militia associated with the relatively moderate Islamic Courts Union (ICU) that rose to power in Somalia in early 2006 with the aim of establishing an Islamist state in Somalia.

Perhaps the only nuance in the historical clamour for a Pan-Somali ideology is an emphasis on the need for the said Greater Somalia to be an Islamic state, which was always a factor anyway, although it was not as heavily pronounced back then as it has been in recent years. It is an ideology that Al Shabaab has continued to exploit and package in religious propaganda in furtherance of its terror activities. To this end, I think, we cannot dissociate the historical clamour for Somali unity with Kenya’s current challenges with the war on terror for the simple reason that the search for an all-inclusive Somali state was an unwelcome idea for the Kenyan authorities and had to be quashed at all costs and by adoption of all means, as was witnessed during the Shifta War.

The Kenya-Somalia border dispute was one of the earliest post-colonial border controversies and one that presented unprecedented challenges for the newly independent state, with Kenya adopting a militaristic pacification approach to quash the ideology. Revisiting such history is important, especially at a time when Kenya is again locked in an escalating territorial dispute with Somalia

While Somali leaders believed in the unity of the Somali people irrespective of the flags under which they lived, the Kenyan leadership, on the other hand, perceived the demands by the Somali population as an outright act of aggression on its territorial integrity. However, this is not a creation of the governments of independent Kenya since, in many significant ways, the strained relations between the Kenyan state and the Somali community is an inheritance from the colonial state’s blunders, including a referendum held in 1962 in the Northern Frontier District (NFD) regarding the political future of the inhabitants of the area, whose results the colonial government did not follow through, particularly due to opposition by Kenyan leaders who were serving in the colonial government, notably Jomo Kenyatta and Ronald Ngala

Expectedly, under Kenyatta, who had argued that no inch of Kenyan territory should cede, the newly-established post-colonial Kenyan state threw a cordon sanitaire around Somali territories of the country the same way the colonial government did. This meant that social, economic, cultural, and political activities of Somalis were seriously curtailed and human rights abuses against them intensified, marking the beginning of a bitter resistance (the Shifta War) whose consequences were historically disastrous and whose scars, particularly among the Somalis populations, remain to date. This became a major turning point in the “othering” of Somalis in Kenya, with far-reaching implications, especially as regards current CVE and war on terror. 

The othering of Kenyan Somalis

The othering of the Somali community in Kenya is perhaps one of the single most important factors fanning the historical marginalisation and current identity contestation. This othering is characterised by stereotyping, with symbolically fixed boundaries including popular narratives about the Somali community’s inability to integrate. It takes a simple observation of the patterns of the Somali lifestyle in urban set-ups like Nairobi to determine that they indeed live in same and specific locations, do business in specific spaces etc.

The historical disavowal of Kenya’s Somalis is based on several fetishes of differences relating to their language, culture and religion, but also with its own poetics, deeply invested in power as a product of discursive and hegemonic practices well theorised in mainstream discourse analyses. Under colonial rule, Somalis were stereotyped as “hostile”, “warlike” or “warriors”, concepts that the Kenyan government and the non-Somali Kenyan public seem to have easily accepted without question; they are assumed and adopted as true representations of Somali identity. This has come with a huge cost, as experienced through the so-called “violence of decolonisation” and indeed current struggle with homegrown extremist violence, which the majority of the Somali youth are perceived as highly exposed to.

The othering of the Somali community in Kenya is perhaps one of the single most important factors fanning the historical marginalisation and current identity contestation. This othering is characterised by stereotyping, with symbolically fixed boundaries including popular narratives about the Somali community’s inability to integrate.

The lack of integration of the Somali community and lack of interaction between them and the non-Somali populations in Kenya exist in and furthers relations of mutual suspicion. But since the government is seen as controlled by the non-Somali communities, the Somalis are simply victims of asymmetric relations in which they are viewed by the rest as troublesome. It takes a little attentiveness to the public mood and you will tell that such sentiments are heavily pronounced every time there is a terror attack. In such times, suspicion of the Somalis seems to surge and a lot of ordinary non-Somali Kenyans create a narrative that is openly aggressive to Somalis but somehow, with the help of the posture and conduct of the state, such aggressiveness is normalised.

It reminds me of an incident in 2015 after the Garissa attack when I attended a function in Nairobi in the company of a Somali driver who was wearing a kanzu. At some point after midday, he wanted to go for prayers in a mosque across the road and so he came to where I was to inform me about it. As he walked away, someone remarked, albeit jokingly, if “we were safe”, a statement that I found offensive, not only to my colleague but to Somalis and any reasonable person really. Of course, I raised my concern over the same, to which the said person casually apologised. This was especially annoying given the stature of the person in question and the nature of the event. It goes to show that as a society there is a prevalent perception about Somalis that we have been reluctant to interrogate in relation to the bigger discourse on terrorism.

The othering narrative discursively accentuates the distorted imagery of the Somalis as “warlike” or as the “enemy of the Kenyan state” and even birthed the derogatorily yet normalised stereotype of “wariah”, which is a rather unconscious continuation of the colonial representation of their identity as “warriors” by the public. This stereotype of Somalis has undoubtedly influenced the Kenyan government’s perceptions and handling of the Somalis but also positions the wider public against the Somali community.

It should not be lost on us that by the time the NFD was handed over to the post-independent Kenyan government, stereotypes of “warlike” Somalis contributed to the beginning of anti-Somali sentiments, with an emergence of more derogatory repertoires mutating and normalised over time, ranging from “shiftas”, “wariah”, “bandits’,jangili”, “Al Shabab”, “Al Shabaab sympathisers”, and most recently, “cash points”. Such images, real or imaginary, have continued to influence the Kenyan authorities’ behaviour towards the Somalis, leading to gross violations of human rights, for instance as was witnessed during Operation Usalama Watch that followed the Westgate attack. The historical othering was discursively articulated by portraying the Somali quest for independence as “secessionist” and its people as being anti the Kenyan state.

It is simply the nuanced formulation of such configuration that justifies the current narrative that associates Somalis with terrorism, or at least as sympethisers of Al Shabaab, and hence collectively perceived and dealt with as a threat to national security. Regardless of the political rhetoric of unity, the actions of the government and the mood of the general public regarding the place of Somalis in the wider scheme of CVE and the war on terror are that the community is a “problem to be fixed” – the same logic employed by the CVE programmes in the West, particularly in the US and the UK.

The relationship of antagonism between the state and the Somali community causes anxiety and uncertainty, especially at this critical moment when the state desperately needs genuine input from the Somali community if its CVE programme and the wider war on terror is to “succeed”. While there is a need for a sense of national unity and pride (patriotism) in the campaign against terrorism and extremist violence, the Somali othering obstinately negates the sense of that value by revealing the ambivalences of the Kenyan state as a stable unified entity, which creates fault lines that continue to be exploited to the advantage of terrorists, particularly Al Shabaab.

It should not be lost on us that by the time the NFD was handed over to the post-independent Kenyan government, stereotypes of “warlike” Somalis contributed to the beginning of anti-Somali sentiments, with an emergence of more derogatory repertoires mutating and normalised over time, ranging from “shiftas”, “wariah”, “bandits’,jangili”, “Al Shabab”, “Al Shabaab sympathisers”, and most recently, “cash points”.

Furthermore, this othering continues to be reinvented and redeployed as a tool for Kenya’s own precarious constitution as a “nation” but also as a justification for the perceived Somali revolt against their own country, including their indifference to the war on terror and government’s CVE programmes.

Which way now for CVE and war on terror?

Now that Kenya is already deep in the problematic war on terror, it is imperative to keep up the tempo of counterterrorism operations in order to eliminate threats and degrade the capabilities of militants, particularly Al Shabaab. Indeed, nothing can justify terrorism and violent extremism, but we must also acknowledge that they do not arise in a vacuum. As the United Nations Secretary-General (UN-SG) rightly notes, “actual or perceived injustice and promised empowerment become attractive wherever human rights are being violated, good governance is being ignored and aspirations are being crushed.” He particularly singles out state violence and abuse of power as “tipping point” for terror.

If the Kenyan state is to make and/or consolidate its gains, if any, on the war on terror, it must deeply reflect on its positionality in regard to the conception and approaches that it has since adopted and experimented on. This includes, but is not limited to, a genuine appraisal of how the state’s perception and handling of the Somali community undermine the country’s own efforts against extremist violence.

To address any type of violence, society must focus on the structures that disadvantage certain groups, including historically marginalised communities – not just obvious physical violence, but also structural violence, such as that related to and sustained by inequities. This is for the simple reason that violence, including terrorism, emerges and survives in environments of identity contestation, hence ultimately insurgencies are best defeated by political legitimacy.

In its attempts to tackle the drivers and enablers of extreme violence, Kenya needs to open a political conversation on the county’s painful history and create a platform through which to forge a future that promises opportunities for all its people. This is one of the pathways to enacting in its people the sense of patriotism and national unity that are vital ingredients in the struggle against insurgency and the ever-changing terrain of security challenges. This calls for re-imagination of ingenious and pragmatic approaches in forging solidarity in addressing the pressing security concerns of our time.

Unfortunately, instead of exploring opportunities to heal wounds, as suggested by the Truth, Justice and Reconciliation Commission (TJRC), and mending ties in pursuit of the national interest, specifically national security, it appears that the war on terror and approaches to CVE that the Kenyan state continues to adopt are deeply Western and historically and contextually insensitive. Hence they actually contribute to reproducing and deepening antagonism between the state and a section of its own society, thereby significantly undermining the former’s security objectives.

One then wonders if and how Kenya’s current CVE programme and counterterrorism strategies, tilted to Western framings and laden with American bias, will succeed. It certainly is a problematic issue area, especially when the CVE within the purview of the war on terror is perceived as nothing other than a violent return of the colonial past, with its split geographies of “us” and “them”; “civilization” and “barbarism”; and “good” and “evil”.

Without any intention whatsoever to validate such grave claims and conspiracies, one would want to seriously consider the implication of certain narratives that are prevalent in Kenyan society, especially during and around terror attacks. Issues, such as claims of Al Shabaab discrimination during attacks and/or conspiracy theories such as that there was word among Somalis about the impending attack at the Garissa University College, calls on experts to reflect deeply on such matters and place them in their historical-political context as they wrestle with the process of meaning-making of Kenya’s prospects as far as the war on terror is concerned and the positionality of the Somali community in these complex dynamics.

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Xenophobia in South Africa: A Consequence of the Unfinished Business of Decolonisation in Africa

8 min read. The recent Afrophobic attacks in South Africa are symptoms of a deeper problem that has its roots in the Berlin Conference of 1884-1885.

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Xenophobia in South Africa: A Consequence of the Unfinished Business of Decolonisation in Africa
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South Africa has consistently experienced cyclical xenophobic flaring that has dented its image in Africa and in the world. The country continues to receive a high number of both documented and undocumented migrants as it has become a top destination in South-to- South migration. Beyond its geographical proximity to other African states, the current migration patterns have to be understood as a consequence of history and as such the xenophobic flaring has to be read as an unfinished business of decolonisation in Africa.

History created two processes that shaped Africa’s politics and economies, even up to today, creating a complex conundrum for our policy makers. Firstly, the Berlin conference created artificial borders and nations that remain problematic today. These borders were not fashioned to address the political and economic interests of Africans but the imperial powers of Europe. Institutions and infrastructure were created to service the imperial interests, and this remains the status quo despite more than four decades of independence in Africa. Secondly, Cecil John Rhodes’ dream of “Cape to Cairo” became the basis upon which the modern economy was built in Africa. This created what the late Malawian political economist, Guy Mhone, called an enclave economy of prosperity amidst poverty, and resultantly created what Mahmood Mamdani termed the bifurcated state, with citizens and subjects.

A closer look at the African state’s formation history provides insights on the continuities of colonial institutions and continuous marginalisation of Africans as the state was never fashioned to address their political and economic interests from the beginning.

Drawing on classical African political economists, this article argues that, unknowingly, the South African government and in particular, the African National Congress (ANC) leadership, a former liberation movement, have fallen into the trap of the logic of the underlying colonial epistemologies informing migration debates in Africa. The Afrophobic attacks in South Africa fly in the face of Africa’s founding fathers, such as Nkrumah, Nyerere, Machel, Kaunda and Mandela, and of the African Union’s dream of a borderless African economy and society.

In his essay “In Defence of History”, Professor Hobsbawm challenges us to read history in its totality:

However, the new perspectives on history should also return us to that essential, if never quite realisable, objective of those who study the past: “total history”. Not a “history of everything”, but history as an indivisible web in which all human activities are interconnected.

It is when we read history in its totality that we are able to make connections about the relations between the past, present and future. Looked at closely, the current xeno/Afro-phobia insurrections engulfing South Africa have to be read within the totality of history. Therefore, this piece argues that the xeno/Afro-phobia flarings that have been gripping South Africa ever since 2008, and which have cast South Africa it in bad light within the African continent, are contrary to the ethos of Pan-Africanism and are largely a product of the history of the scramble and partition of Africa at the Berlin Conference of 1884-1885.

Whose borders? Remembering the Ghosts of Berlin

By the beginning of the 1870s, European nations were in search of natural resources to grow their industries and at the same expand markets for their products. This prompted strong conflict amongst European superpowers and in late 1884, Otto von Bismarck, the then German Chancellor, called for a meeting in Berlin of various representatives of European nations. The objective was to agree on “common policy for colonisation and trade in Africa and the drawing of colonial state boundaries in the official partition of Africa”.

The xenophobic/Afrophobic attacks in South Africa fly in the face of Africa’s founding fathers, such as Nkrumah, Nyerere, Machel, Kaunda and Mandela, and of the African Union’s dream of a borderless African economy and society.

At the end of the Berlin Conference, the “European powers had neatly divided Africa up amongst themselves, drawing the boundaries of Africa much as we know them today”. It was at this conference that European superpowers set in motion a process that set boundaries that have continued to shape present-day Africa. Remember that there was no King Shaka, Lobengula, Munhumutapa, Queen Nzinga, Emperor Haile Selassie, Litunga of Barotseland among many other rulers of Africa at this conference. There was Otto von Bismarck, King Leopold II and their fellow European rulers who sat down and determined borders governing Africa today.

This is the epistemological base upon which current “othering” within citizenship and migration policies are hinged. This colonial legacy has its roots in the Berlin Conference of 1884-1885, where major European powers partitioned Africa amongst themselves and formalised it with the current borders that have largely remained intact and the basis of the modern state in post-colonial Africa. Therefore, policies on identity, citizenship and migration in Africa have been largely informed by modern nation-state forms of territoriality drawn from remnants of colonial policies. These have tended to favour the elites and modernised (privileged, intelligentsia, government officials and business) at the expense of the underclass in Africa, who form the majority.

Most of the institutions and policies characterising the post-colonial African state are bequeathed by legacies of colonialism, hence the need for African states to listen to the wisdom of Samir Amin and “delink from the past” or bridge Thabo Mbeki’s “two nations” thesis and create a decolonised Africa where Africans will be no strangers.

Africa’s citizenship and migration policies remain unreformed and informed by colonial epistemology and logics. The partitioning of Africa into various territories for European powers at the Berlin Conference means most of the present-day nation-states and boundaries in Africa are a product of the resultant imperialist agreement. The boundaries were an outside imposition and split many communities with linguistic, cultural and economic ties together. The nation-state in Africa became subjugated by colonial powers (exogenous forces) rather than natural processes of endogenous force contestations and nation-state formation, as was the case with Europe.

Stoking the flames

African communities are burning from Afrophobia/xenophobia, and at times this is sparked by Africa’s elites who make reckless statements based on the logics of the Berlin Conference. Africa’s poor or the underclass are the most affected, as these xeno-insurrections manifest physically and violently amongst poor communities. Among elite communities, it manifests mostly in subtle psychological forms.

South African leaders continue to be oblivious to the crisis at hand and fail to understand that the solution to the economic crisis and depravity facing the South African citizenry can’t easily be addressed by kicking out foreigners. In 2014, prominent Zulu King Goodwill Zwelthini had this to say and the whole country was caught up in flames:

Most government leaders do not want to speak out on this matter because they are scared of losing votes. As the king of the Zulu nation, I cannot tolerate a situation where we are being led by leaders with no views whatsoever…We are requesting those who come from outside to please go back to their countries…The fact that there were countries that played a role in the country’s struggle for liberation should not be used as an excuse to create a situation where foreigners are allowed to inconvenience locals.

After a public outrage he claimed to have been misquoted and the South African Human Rights Council became complicit when it absolved him.

Towards the South African 2019 elections, President Cyril Ramaphosa also jumped onto the blame-the-foreigner bandwagon by stoking xenophobic flames when he said that “everybody just comes into our country…” Not to be outdone, Johannesburg Mayor, Herman Mashaba, has been on the blaze, blaming foreigners for the rise in crime and overcrowded service delivery.

On the other hand, Minister Bheki Cele continues to be in denial as he adamantly characterises the current attack on foreigners as acts of criminality and not xenophobia. Almost across the political divide there is consensus that foreigners are a problem in South Africa. However, the exception has been the Economic Freedom Fighters (EFF) that has been steadfastly condemning the black-on-black attacks and has characterised them as self-hate.

Whither the Pan-African dream?

In his founding speech for Ghana’s independence, Kwame Nkrumah said, “We again rededicate ourselves in the struggle to emancipate other countries in Africa; for our independence is meaningless unless it is linked up with the total liberation of the African continent.”

This speech by President Nkrumah set the basis upon which Ghana and some of the other independent African states sought to ensure the liberation of colonised African states. They never considered themselves free until other Africans were freed from colonialism and apartheid. Tanzanian President Julius Nyerere had this to say:

I reject the glorification of the nation-state [that] we inherited from colonialism, and the artificial nations we are trying to forge from that inheritance. We are all Africans trying very hard to be Ghanaians or Tanzanians. Fortunately for Africa, we have not been completely successful. The outside world hardly recognises our Ghanaian-ness or Tanzanian-ness. What the outside world recognises about us is our African-ness.

It is against this background that countries like Zimbabwe, Namibia and South Africa benefitted from the solidarity of their African brothers as they waged wars of liberation. Umkhonto weSizwe, the African National Congress’ armed wing, fought alongside the Zimbabwe People’s Revolutionary Army to dislodge white supremacist in Southern Rhodesia. And Nigeria set up the Southern Africa Relief Fund that raised $10 million that benefitted South Africans fighting against the apartheid regime. The African National Congress was housed in neighbouring African countries, the so-called frontline states of Zambia, Zimbabwe, Mozambique, Lesotho and Tanzania. In some cases, these countries had to endure bombings and raids by the apartheid regime.

African communities are burning from Afrophobia/xenophobia, and at times this is sparked by Africa’s elites who make reckless statements based on the logics of the Berlin Conference.

The attacks on foreign nationals who are mostly African and black by black South Africans and the denial by South African government officials that the attacks are not xenophobic but criminal are attempts to duck a glaring problem that needs urgent attention. It is this denialism from authorities that casts aspersions on the Pan-African dream of a One Africa.

Glimmers of hope

All hope is not lost, as there are still voices of reason in South Africa that understand that the problem is a complex and economic one. The EFF has also managed to show deep understanding that the problem of depravity and underdevelopment of Black South Africans is not caused by fellow Africans but by the skewed economic system. Its leader, Julius Malema, tweeted amidst the flaring of the September 2019 xenophobia storm:

Our anger is directed at wrong people. Like all of us, our African brothers and sisters are selling their cheap labour for survival. The owners of our wealth is white monopoly capital; they are refusing to share it with us and the ruling party #ANC protects them. #OneAfricaIsPossible.

Yet, if policy authorities and South Africa’s elites would dare to revisit the Pan-African dream as articulated by the EFF Commander-in-Chief Julius Malema, they may be able to exorcise the Ghosts of Berlin.

Signs of integration are appearing, albeit slowly. East African countries have opened their borders to each other and allow free movement of people without the need for a visa. Kenyan President Uhuru Kenyatta has even gone further to allow people from Tanzania and Uganda to work and live in Kenya without the need for a visa. In addition, Rwanda and Tanzania have abolished work permit fees for any national of the East African Community. Slowly, the Ghosts of Berlin are disappearing, but more work still needs to be done to hasten the process. The launch of the African Union passport and African Continental Free Trade Area (AfCFTA) offers further hope of dismantling the borders of the Berlin Conference. South African authorities need to look seriously into East Africa and see how they can re-imagine their economy.

Towards the South African 2019 elections, President Cyril Ramaphosa also jumped onto the blame-the-foreigner bandwagon by stoking xenophobic flames when he said that “everybody just comes into our country…”

The continuous flow of African migrants into South Africa is no accident but a matter of an economic history question. Blaming the foreigner, who is an easy target, becomes a simple solution to a complex problem, and in this case Amilcar Cabral’s advice “Claim no easy victories” is instructive. There is the need re-imagine a new development paradigm in South Africa and Southern Africa in general to address questions of structural inequalities and underdevelopment, if the tide of migration to Egoli (City of Gold) – read South Africa- is to be tamed. The butchering of Africans without addressing the enclavity of the African economy will remain palliative and temporary. The current modes of development at the Southern African level favour the growth of South African corporates and thus perpetuate the discourse of enclavity, consequently reinforcing colonial and apartheid labour migration patterns.

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Gambling Against the Kenyan State

7 min read. After spending several months with gamblers in Kenya, Mario Schmidt finds that many see their activity as a legitimate and transparent attempt to make ends meet in an economy that does not offer them any other stable employment or income.

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Gambling Against the Kenyan State
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In the period from June to August this year Kenyan gamblers were hit by a wave of shocking news. Only a couple of weeks after Henry Rotich, Kenya’s National Cabinet Secretary, proposed a 10% excise duty on any amount staked in betting in order ‘to curtail the negative effects arising from betting activities’, the Kenyan government decided to shut down several betting companies’ virtual mobile money wallet systems because of alleged tax evasion. As a consequence, gamblers could no longer deposit or withdraw any money. This double attack on the blossoming betting industry has a background both in Kenya as well as elsewhere. Centered around the capitalist conundrum to realign the moral value of hard work and the systemic necessity to make profit, states tend to combine moral attacks on gambling (see the case of Uganda) with attempts to raise revenues. The vice of gambling turns into a virtue as soon that it raises revenue for the state.

It is also gambling’s allegedly nasty character which made the term a prime metaphor for the excesses of finance capitalism as well as for the pitiful status of the economies of neoliberal Africa characterized by rampant inequalities. Social scientists, politicians as well as journalists portray financial capitalism as a place where, in the words of George Paul Meiu, ‘gambling-like speculation and entrepreneurialism replace labour’ and the ‘magical allure of making money from nothing’, as Jean and John Comaroff have written, has seized the imagination of a vast majority of the population. Faced with a dazzling amount of wealth showcased by religious, economic and political leaders alike, young and unemployed men increasingly put their hopes on gambling. Trying to imitate what they perceive as a magical shortcut to unimaginable wealth, so the story goes, they become foolish puppets of a global capitalist system that they often know little about and have to face the dire consequences of their foolish behaviour.

After spending several months with gamblers both in rural as well as urban Kenya, I can only conclude that this story fails to portray reality in its complexity (see Schmidt 2019). While it is undeniable that some gamblers attempt to imitate the acquisition of a form of wealth that they perceive as resulting from a quick-to-riches scheme, a considerable number of Kenyan gamblers do not. In contrast, they portray and enact gambling as a legitimate and transparent attempt to make ends meet in an economy that does not offer them any other stable employment or income.

Narratives about betting leading to poverty, suicide and alcoholism neglect the fact that the majority of young Kenyan gamblers had already been poor, stressed and under extreme economic pressure before they started gambling, or, as a friend of mine phrased it succinctly: ‘If I don’t bet, I go to bed without food every second night, if betting does not go well, I might sleep without food two days in a row. Where’s the difference?’ Gambler’s betting activities therefore cannot be analyzed as a result of a miserable economic situation alone. Such a perspective clearly mutes the actors’ own view of their practices. They see betting as a form of work they can engage in without being connected to the national political or economic middle class or elite, i.e. without trying to enter into opaque relationships characterized by inequality. In other words, I interpret gambling as directed against what gamblers perceive as a nepotistic and kleptocratic state capitalism, i.e. an economy in which wealth is not based upon merit but upon social relations and where profit and losses are distributed in a non-transparent way through corruption, inheritance and theft.

Before I substantiate this assumption, let me briefly offer some background information on the boom of sports betting in Kenya which can only be understood if one takes into account the rise of mobile money. The mobile money transfer service Mpesa was introduced in 2007 and has since changed the lives of millions of Kenyans. Accessible with any mobile phone, customers can use it to store and withdraw money from Mpesa agents all over the country, send money to friends and family members as well as pay for goods and services. A whole industry of lending and saving apps and sports betting companies has evolved around this new financial infrastructure. It allows Kenyans to bet on sports events wherever they are located as long as they possess a mobile phone to transfer money to a betting company’s virtual wallet.

Gamblers can either bet on single games or combine bets on different games to increase the potential winning (a so-called ‘multi-bet’). Many, and especially young, male Kenyans, bet regularly. According to a survey I conducted last November around a rural Western Kenyan market centre 55% of the men and 20% of the women have bet in the past or are currently betting with peaks in the age group between 18 and 35. This resonates with a survey done by Geopoll estimating that over 70% of the Kenyan youth place or have placed bets on sport events.

Both journalistic and academic work that understand these activities as irresponsible and addictive had previously primed my perception. Hence, I was surprised by how gamblers frame their betting activities as based upon knowledge and by how they enacted gambling as a domestic, reproductive activity that demands careful planning. They consider betting as a meticulously executed form of work whose attraction partly results from its detachment from and even opposition to Kenyan politics (for example, almost all gamblers avoid betting on Kenyan football games as they believe they are rigged and implicated in local politics). Put differently, the gamblers I interacted with understand their betting activities as directed against a kleptocratic capitalist state whose true nature has been, according to my interlocutors, once more revealed by the proposal to tax gambling in Kenya.

Two of my ethnographic observations can illustrate and substantiate this claim, the first being a result of paying close attention to the ways gamblers speak and the second one a result of observing how they act.

Spending my days with gamblers, I realised that they use words that are borrowed from the sphere of cooking and general well-being when they talk about betting in their mother tongue Dholuo. Chiemo (‘to eat’), keto mach (‘to light the fire’), mach mangima (‘the fire has breath’, i.e. ‘is alive’) and mach omuoch (‘the fire has fought back’) are translations of ‘winning’ (chiemo), ‘placing a multi-bet’ (keto mach), ‘the multi-bet is still valid’ (mach mangima) or ‘the multi-bet has been lost’ (mach omuoch). This interpenetration of two spheres that are kept apart or considered to be mutually exclusive in many descriptions of gambling practices sparked my interest and I began to wonder what these linguistic overlaps mean for a wider understanding of the relation between gambling and the ways in which young, mostly male Kenyans try to make ends meet in their daily lives.

While accompanying a friend of mine on his daily trips to the betting shops of Nairobi’s Central Business District, I realized that the equation between gambling and reproductive work, however, does not remain merely metaphorical.

Daniel Okech, a 25-year-old Master of Business Administration worked on a tight schedule. When he did not have to attend a university class during the mornings which he considered not very promising anyway, he worked through websites that offered detailed statistical data on the current and past performances of football teams and players. These ranged from the English Premier League to the football league of Finland (e.g. the website FootyStats). He engaged in such meticulous scrutiny because he considered the smallest changes in a squad’s line-up or in the odds as potentially offering money-making opportunities to exploit. Following up on future and current games, performances and odds was part of Daniel’s daily work routine which was organized around the schedules of European football leagues and competitions. The rhythm of the European football schedule organized Daniel’s daily, weekly and monthly rhythms as he needed to make sure to have money on the weekends and during the season in order to place further bets.

Even though betting is based upon knowledge, habitual adaptations and skills, it rarely leads to a stable income. With regard to the effects it has, betting appears to be almost as bad as any other job and Daniel does not miscalculate the statistical probabilities of football bets. He knows that multi-bets of fifteen or more rarely go through and that winning such a bet remains extraordinarily improbable. What allows gamblers like Daniel to link betting with ‘work’ and the ‘reproductive sphere’ is not the results it brings forward. Rather, I argue that the equation between the ‘reproductive sphere’ and betting is anchored in the specific structure between cause and effect the latter entails.

What differentiates gambling from other jobs is the gap between the quality of one’s expertise and performance and the expected result. For young men in Nairobi, one could argue, betting on football games is what planting maize is for older women in arid areas of Western Kenya in the era of global climate change: an activity perfected by years of practice and backed up by knowledge, but still highly dependent on external and uncontrollable factors. Just like women know that it will eventually rain, Daniel told me that ‘Ramos [Sergio Ramos, defender from Real Madrid] will get a red card when Real Madrid plays against a good team.’

For young men who see their future devoid of any regular and stable employment betting is not a ‘shortcut’ to a better life, as often criticized by middle-class Kenyans or politicians. It is rather one of the few ways in which they can control the conditions of their type of work and daily work routine while at the same time accepting and to a certain extent even taming the uncontrollability and volatility of the world surrounding them.

Gamblers do not frame their betting activities in analogy with the quick-to-riches schemes they understand to lie behind the suspicious wealth of economic, political and religious leaders. While religious, economic and political ‘big men’ owe their wealth to opaque and unknown causes, gambling practices are based upon a rigid analysis of transparent data and information. By establishing links between their own life and knowledge on the one hand and football games played outside the influence of Kenyan politicians and businessmen on the other, gamblers gain agency in explicit opposition to the Kenyan state and to nepotistic relations they believe to exist between other Kenyans.

Therefore, it is unsurprising that, in the context of the betting companies’ alleged tax evasion, many gamblers have not yet repeated the usual complaints and grievances against companies or individuals that are accused of tax evasion or corruption. While some agree that the betting companies should pay taxes, others claim that due to the corrupt nature of the Kenyan state it would be preferable if the betting companies increase their sponsoring of Kenyan football teams. No matter what an individual gambler’s stance on the accusation of tax evasion, however, in the summer of 2019 all gamblers were eagerly waiting for their virtual wallets to be unlocked so they could continue to bet against the state.

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This article has been co-published between The Elephant and Review of African Political Economy (ROAPE)

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