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WAR GAMES: How repressive regimes in East Africa are playing the Amisom card

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Lady Justice
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On January 15, 2016, about 209 Kenyan troops posted at the El Adde military camp in Somalia were rattled by sounds of gunfire followed shortly by a large explosion. It immediately dawned on the soldiers that they were under attack by a special contingent of Al Shabaab’s infantry specializing in mass raids against isolated Amisom (African Union Mission in Somalia) bases. This was the Al Qaeda-affiliated terrorist organisation’s most deadly attack against an Amisom base.

The initial shots in the pre-dawn attack were fired by a Kenyan sentry manning a machine gun post. He was shooting towards an approaching SVBIED (suicide vehicle-borne improvised explosive device – basically a car bomb being driven by a suicide bomber). The suicide bomber behind the wheel was a man called Abdul Qadir Ahmad Ali (nicknamed Farhan by his fellow terrorists). The gunshots did not stop the vehicle; the SVBIED ended up exploding inside the base. The first blast from the explosion incinerated everything within the vicinity, while the second blast wave ricocheted around the adjacent tents, knocking some soldiers unconscious.

The base hosted Kenya Defence Force (KDF) troops from the 9th Rifle Battalion and a few soldiers from the 5th Kenya Rifles. A day earlier, Somalia National Army (SNA) troops had vacated the adjacent base over fears of being attacked by Al Shabaab which suggested that the Kenyans were aware of an impending raid. However, their defence preparations were not well thought-out, so when the infantry from the Saleh Nabhan battalion attacked, they were met with a disorganised response, with some soldiers trying to flee and others taking cover. The attackers also appeared confused during their raid. This is what makes the fall of El Adde so perplexing and tragic.

A propaganda documentary released on April 10, 2016 by Al Shabaab showed a highly edited version of the events that occurred on that fateful day. The video showed that most of the Kenyan soldiers that fell were in their full combat gear, a clear indication that they suspected that an attack was imminent and had prepared for it. However, they appeared surprised by the scale of the attack; some even ran away and were later rescued after they reached Mandera County in Kenya.

To date, neither Amisom nor the Kenyan government nor the Kenya Defence Forces (KDF) have published an official death toll from the El Adde attack. Yet it was recognized internationally as one of the greatest military disasters to befall a peacekeeping mission in a single day. CNN even labeled it as a military massacre that was being covered-up by the Kenyan regime. American military officials were also shocked by the scale of defeat that KDF suffered, while a Kenyan official stated that Al Shabaab had done good reconnaissance on the base before attacking it.

A FRAGMENTED FORCE

Amisom was established in January 2007 by the African Union as a peace-support mission to protect the fledgling government in Mogadishu from the preeminent peace spoiler in Somalia, Al Shabaab. However, to date, Al Shabaab still retains formidable offensive capabilities despite losing considerable amounts of territory. This raises the question of whether there is a disconnect between Amisom’s mandate and the reality on the ground?

According to its official profile, Amisom was originally conceived as a transitory UN-backed peace support mission mandated to promote national dialogue and reconciliation, as well as to create a secure environment that would facilitate humanitarian operations. However, from an initial deployment of 1,500 Ugandan troops in 2007, it has grown into the AU’s largest multidimensional peace-support operation, with over 22,000 troops, as well as police and civilian components.

Neopatrimony rarely values meritocracy and competence in military matters; it’s only loyalty that counts.

The persistence of Al Shabaab attacks against both Amisom troops and their home countries as well as against the nascent Somali government have also forced Amisom to adopt a more aggressive posture. Following the July 2010 bombings against crowds watching a screening of the FIFA World Cup Final in Kampala which killed 74 people, the AU “reinterpreted” Amisom’s rules of engagement to allow for pre-emptive defence, which allowed Amisom to go on the offensive. Later that year, the UN Security council authorized a 50 percent expansion of Amisom’s mandated troop strength from 8000 to 12000. As a result, in August the next year, al Shabaab were forced out of Mogadishu.

Amisom was allowed a further 5700 soldiers in 2012 as well as an expanded logistical support package that greatly expanded the scope of its military operations in Somalia. In November 2013 the UN Security Council authorised a further surge of 2,500 fighting troops as well as support elements, including combat engineers and logistics personnel, bringing it to its current level of 22,000.

However, Amisom suffers from structural fragmentation in its command chain and realm of control. There are zones where Amisom troops operate alongside non-integrated Ethiopian (and Kenyan) troops who do not take orders from the Force Headquarters in Mogadishu. In addition, Amisom commanders from the various troop-contributing nations must first consult with their respective national militaries before allowing their troops to engage in any military operation in Somalia.

The amorphous nature of Amisom’s command structure not only allows the governments of the troop-contributing nations to exert a direct control over their contingents serving in Amisom, it also disrupts effective communication between the different Amisom contingents. This poor communication has led different Amisom contingents to rely more on their home countries for military support rather than on Amisom. This explains why the Kenyan troops in El Adde first alerted their seniors in Nairobi of the attack before requesting for military assistance from Amisom. KDF was slow to provide any relief and the base had fallen by noon. There is no evidence that KDF troops in El Adde ever relayed a distress call to their Ethiopian allies in Gabarharey.

Further, Amisom lack of air capacity to move troops limits its ability to reinforce bases that are under attack. Despite the UN Security Council authorizing deployment of an aviation component of up to 12 helicopters comprising nine utility helicopters and three attack helicopters, these assets must come from the troop contributing countries as the UN has no military choppers of its own. Though several countries, including Kenya, had promised to deploy aircraft under Amisom, this hadn’t been done by the time of the El Adde attack. As a result, and as the KDF acknowledged, Amiosom would have been unable to come to the rescue of the beleaguered base.

THE POLITICS OF PEACEKEEPING

Amisom does deserve the glowing commendations it has received from the international community for its sustained efforts at degrading the military capabilities of Al Shabaab, and for stabilising Somalia to the extent that democratic elections have been held and an internationally-recognised government has been inaugurated. Even so, there is a need to analyse the way that Amisom has evolved into a rented peace-enforcement mission that serves to legitimise neopatrimonial political systems – where state resources are used to secure the loyalty of clients in the general population.

Understanding how regional neopatrimonial politics affect the operations of Amisom will help us shed light on why Amisom has been unable of obliterate Al Shabaab, despite fielding a total of 22,000 well-paid and relatively well-equipped troops from Burundi, Djibouti, Ethiopia, Kenya and Uganda who are fighting militants whose numbers are estimated to range between 8,000 and 10,000.

Also, there is a need to assess how Amisom has served to entrench autocratic rule in troop-contributing nations such as Burundi, Ethiopia and Uganda, and whether the Kenyan government is using the Amisom card to retain power and ensure the current regime’s survival after the August 2017 general elections.

The Amisom mission has had a detrimental effect on democratic space in troop-contributing nations, and it is becoming evidently clear that to defeat 10,000 Islamic terrorists, nearly 200 million citizens in the East African nations of Kenya, Burundi, Djibouti, Ethiopia and Uganda will see their democratic rights curtailed. Also, the issue of military incompetence needs to be considered as it is a known fact that neopatrimony rarely values meritocracy and competence in military matters; it’s only loyalty that counts.

Furthermore, such governments are likely to engage the international community in terms that favour their regime survival over the stated objective of stabilising a conflict zone. Paradoxically, Somalia was able to conduct a relatively fair-and-free election in February 2017, while citizens in two Amisom-contributing nations were denied the same chance, all under the watch of the international community. In this context, the patron-client relationship between the ruling party and the military informs deployment of peacekeeping missions.

Peacekeeping operations become rent-generating ventures that benefit both the regime and the military while killing accountability.

Basically, rulers deploy their troops to peacekeeping zones that offer the highest dividends in terms of monetary rewards and regime protection. The ruling party acts as the patron that receives financial benefits, and then distributes it to the soldiers. In the process, the ruling party buys the loyalty of the military, and this increases the odds of regime survival.

Reports of KDF’s illicit trade in charcoal and sugar in the port of Kismayu have also led many to speculate whether KDF is in Somalia to benefit commercially. In November 2015, a Nairobi-based civil advocacy group named Journalists for Justice published an expose titled Black And White – Kenya’s Criminal Racket in Somalia that documented the illicit trading activities that KDF was engaging in while in control of the port of Kismayu. The Kenyan public was enraged, and calls for KDF to exit Somalia increased. However, KDF maintains that its mission in Somalia is critical and untainted with corruption.

Because the financial pay-outs are made monthly to the troop-contributing nation, it is regarded by the regime as rent paid for providing peacekeepers. In return, top military officials benefit from payouts, and they, in turn, ensure that the military remains loyal to the regime. As a consequence, such peacekeeping operations become rent-generating ventures that benefit both the regime and the military while killing accountability. Likewise, without any input from the citizenry, such regimes can conspire to ensure that their peacekeeping operations last for as long as possible.

Rarely do neopatrimonial powers ever relinquish power over their troops even when they are engaged in peacekeeping operations in foreign nations. This is what is happening to Amisom as the troop-contributing governments refuse to allow their peacekeepers to fall wholly under Amisom’s control; they ensure that they have direct military control over their peacekeepers, even if they fight under the Amisom hat. This also applies to KDF.

REGIME-BOOSTING DIVIDENDS

The Kenyan government’s decision to deploy KDF in Somalia was informed by three main concerns: national security concerns; humanitarian concerns; and the need for enhanced international legitimacy. Humanitarian concerns relate to Kenya’s plan to decongest, and eventually close, the Dadaab refugee camp and other camps hosting Somali refugees by repatriating refugees back to safe zones in Somalia. With regards to national security, Kenya had suffered from Somalia’s internecine conflict as it repeatedly spilled over into its bandit-prone north-eastern region, and by 2010, the threat of Al Shabaab radicalising Kenya’s restive Muslim population was too great to be wished away. A military campaign was then considered a feasible move. Still, was this military campaign planned well?

The answer to this question lies in the quality of military leadership. Starting from 2007, the political elite saw the need to hollow out the Kenyan military and recreate it as a dependable institution that can be relied upon during periods of crises. To achieve this, ethno-political considerations were prioritised over merit and competence. This removed the element of accountability that professional militaries value.

The decision of the Kenyan government to integrate KDF troops in Somalia into Amisom in July 2012 was informed by geopolitical concerns and economic reasons. By March 2012, Operation Linda Nchi had hemorrhaged the national coffers of over $180 million, and it was evident that the cost of managing a full-scale war against Al Shabaab in Somalia was quite prohibitive, if not unsustainable, especially as Kenya was suffering from low-grade economic recession occasioned by a difficult-to-manage inflation and a weak and unsteady currency.

Amisom suffers from structural fragmentation in its command chain and realm of control. There are zones where Amisom troops operate alongside non-integrated Ethiopian troops and these troops do not take orders from Amisom.

Kenya’s decision to stay on in Somalia under the umbrella of Amisom also has to do with national politics and the government’s desire to retain international legitimacy. Peacekeeping ventures offer lasting regime-boosting dividends. The governments of Burundi, Ethiopia and Uganda gained legitimacy from the international community, notably the European Union and the United States, because of their troop-contribution efforts towards Amisom. The US and the EU, two of the most vocal proponents of human rights and democracy, are also the main donors to the Amisom mission. Their silence on democracy matters is usually interpreted by autocratic regimes as tacit support for the government.

In both Uganda and Burundi, the ruling parties that oversaw the deployment of segments of their national military into Somalia were able to get controversially re-elected in what can best be described as sham elections, and still get their controversial electoral victories stamped as valid by both the US and the EU, despite concerns raised by democracy activists. Both nations have experienced periods of sustained domestic unrest and have used disproportionate force to either kill protestors, or coerce local democracy campaigners to abandon their activism.

Similar socio-political developments have been witnessed in Ethiopia. The ruling EPRDF (Ethiopian People’s Revolutionary Democratic Front) regime is accused of fomenting ethnic strife through skewed distribution of national resources and the concentration of political power within a clique of an ethnic-laced elite alliance. This has led to accusations of political marginalisation, human rights abuses, and forceful confiscation of land and other natural resources from underrepresented people.

Also, Ethiopia, despite a decade of sustained economic growth, also suffers from uneven economic development that has left a majority of Ethiopians impoverished and politically marginalised. These grievances led to the sudden eruption of mass protests in August 2016 that were followed by a six-month-long state of emergency in October (which has since been extended). To worsen matters, ethnic nationalism resurfaced, and has been stoked ever since by varied political activists.

When Ethiopia assessed that international condemnations against its protest management efforts were increasing, it simply withdrew hundreds of non-Amisom-integrated ENDF (Ethiopia National Defense Force) troops from Bakool and Hiiran regions of Somalia in October 2016. This withdrawal was done under the pretext that the soldiers were needed in Ethiopia to help manage the protests. However, the EPRDF had over 150,000 active ENDF troops at its disposal inside Ethiopia, and the troops withdrawn from Somalia were neither the best-trained nor the best-equipped. This shows that the pretext was used to cover up a more nuanced political motive. Interestingly, the withdrawal of these non-integrated soldiers immediately caused concern, with the UN stating that such withdrawals could create an exploitable security vacuum that could lead to the resurgence of Al Shabaab.

THE HUMAN COST

The above-mentioned problems also plague Kenya. Kenya is considered the most democratic nation in East and Central Africa and is also the economic powerhouse in the region. So why would the Kenyan regime need to enhance its political legitimacy?

Kenya sent KDF into Somalia with the thinly-veiled strategic objective of creating a Kenya-backed semi-autonomous administrative region called Jubbaland, which was to serve as a buffer zone between Kenya and Al Shabaab-ruled zones in southern Somalia. This buffer zone was considered essential to securing a new transport corridor that President Mwai Kibaki’s government was planning to build to link the Lamu port to South Sudan and Ethiopia. However, what was first touted as a short and quick military incursion has now lasted nearly seven years. Yet, the Kenyan public has not been told about how many Kenyan soldiers have lost their lives in Somalia since 2011.

The Kenyan government’s decision to deploy KDF in Somalia was informed by three main concerns: national security concerns; humanitarian concerns; and the need for enhanced international legitimacy.

In 2014, Operation Linda Nchi, Kenya’s Military Experience in Somalia was published by Kenya Literature Bureau, a state-owned publishing house. This book was written by six primary authors, among them Lieutenant Colonel Paul M. Njuguna, who was later promoted to colonel in August 2016, and served as the KDF spokesman when the KDF base at Kulbiyow was raided in January 27, 2017. The book provides the official KDF-approved version of Operation Linda Nchi. It also serves as an excellent window into the military doctrine that guides military operations vis-à-vis media relations and the publication of casualty figures. According to the book, KDF lost less than 40 soldiers during the entire period of Operation Linda Nchi.

This is a surprising figure especially when the fatality count of Amisom is taken into account. In May 2013, Jan Eliasson, the UN’s Deputy Secretary-General, estimated that 3,000 Amisom troops had been killed since 2007. Amisom quickly objected to this fatality figure, but it is interesting to note that in October 2012, Kenya’s deputy foreign minister, Richard Onyonka, claimed that about 2,700 Ugandan soldiers had been killed in Somalia since 2007. Even while this government official was touting the death toll suffered by an allied troop-contributing nation, the Kenyan government remained guarded on divulging how many Kenyan soldiers had been killed.

In January 2017, Al Shabaab raided a KDF base in Kulbiyow and made away with some military hardware. However, the KDF spokesman, Colonel Paul Njuguna, released a press statement stating that the base never fell and that KDF had managed to successfully repulse the attack, and in the process had lost only nine soldiers. However, subsequent open source analysis by Africa Defense Review showed that the base was overrun and looted.

According to a policy paper entitled Exit Strategy Challenges for the AU Mission in Somalia published in February 2016 by the Heritage Institute for Policy Studies, a Somalia-focused organization, and authored by Paul D. Williams and Abdirashid Hashi, KDF lost about 50 soldiers every month between October 2011 and February 2012. This translates to a death toll of more than 200 in five months, which is far greater that the death toll figures given by KDF in its official version of Operation Linda Nchi. In October 2016, the UN, through SEMG, revealed that about 150 KDF soldiers were killed in El Adde. These two figures give a hint as to the scale of the human cost of Kenya’s mission in Somalia.

So why does KDF conceal its death toll in Somalia? One of the official reasons given is the need to maintain the morale of the soldiers. But perhaps the main reasons are to minimise public opposition Kenya’s anti-terrorism campaigns both in Kenya and in Somalia and to gain political legitimacy internationally.

Amisom is rated as one of the deadliest peacekeeping missions, yet countries in the region are still eager to contribute troops. Why? One of the main reasons is that contributing troops to Amisom pays financial and political dividends. At the moment, it is evident that Uganda, Burundi and Ethiopia are leaning towards autocratic rule as democratic space gradually diminishes in these nations. The governments of these countries need to deflect attention away from their domestic problems and secure an economic lifeline during periods of economic crises triggered by domestic unrest. So they rely on Amisom for both economic reprieve and political legitimacy.

It is clear that the obfuscation of the death toll figures by the Kenyan government is designed to not only save face, but also to protect the credibility of Kenya as a strong regional peace-enforcer. If the Kenyan government admits to a high death toll, it will face domestic opposition to its mission in Somalia, and this will automatically weaken its legitimacy if it decides to use its Amisom credentials to stay in power after the August 2017 elections.

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A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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