“If democracy is someday to regain control of capitalism, it must start by recognising that the concrete institutions in which democracy and capitalism are embodied need to be reinvented again and again.” (Piketty 2014: 570).
During the run-up to the US elections in November, a number of my African colleagues and friends told me that Trump would win the presidency. Several even opined that something good would come out of it in the end. Experience has taught me to treat such counterintuitive observations with a degree of cautious respect. But this particular appraisal was a tricky proposition.
Trump ran more on outrage with the status quo, homespun economic nationalism, and anti-Hillary sentiment than workable policies for reversing the domestic malaise framing his rude political rhetoric. The Tea Party crowd flocked to Trump’s campaign, presenting Trump with the kind of political stage suited to his unconventional and often reptilian behaviour. The national media feasted on Trump’s antics and divisive positions, but the condescending coverage of the campaign of a candidate who started out as an outlier also camouflaged the more clinical aspects of his strategy to defeat Hillary Clinton.
The poll numbers and sophisticated data analyses dismissed the likelihood of a Trump victory. But then the same electorate who twice elected Obama by sizeable majorities propelled his polar opposite into the White House.
For the many millions of Americans and others around the world distressed by the Trump campaign, the implications of his electoral-college victory was like waking up to a collective nightmare. Most of my friends, family and colleagues were stunned. Anger and agitation quickly replaced the shock. Obama’s bleak reaction, “Well, it’s not the Apocalypse,” offered little comfort.
This added up to a lot to think about as I made my way back to the US for the first time since 2004, arriving in the country two days after Trump’s inauguration. I was told to expect massive changes. My destination was Salt Lake City, the capital of Utah, socially the most conservative of the red states of the American West.
Exposure to racist theology like that of the Church of Latter Day Saints was a primary motivator for the black power salute at the 1968 Olympics in Mexico. Tommy Smith won the 200 metres in world record time followed by John Carlos in third place. The medallists mounted the podium barefoot, to symbolise the poverty of their African-American community, and raised black-gloved fists in defiance during the raising of the American flag. The protest triggered an explosion of institutional indignation and recriminations portraying Smith and Carlos as Nazis and traitors
For decades, many Americans considered the Mormon-dominated state to be a quasi-theocratic no-go zone with a unique past that set Utah apart from other ultra-conservative Western states like Wyoming, Idaho, Montana, and the Dakotas.
During my two previous trips I had found a large and variegated landscape of rangeland, desert, and mountains, with a large inland sea thrown in to boot. I found many similarities between Utah and Marsabit and the Lake Turkana region, including its traditional spatial and social separation from the rest of the country.
Mormons fleeing religious persecution in the East settled in Utah at a time when almost everyone else was heading to California. The Territory of Utah was officially recognised in 1851. It was the only Western state to allow slavery, and attempted to secede from the Union shortly afterwards. Washington was compelled to send in the army. Brigham Young, who had succeeded the religion’s founder, Joseph Smith, capitulated, but with the promise that the government would grant the Mormons autonomy to live according to their religion. The Church of Latter Day Saints has dominated the state’s economy and government ever since.
The Book of Mormon stated that the indigenous peoples the white settlers found in their new home originally came from the Middle East, but had divided into two antagonistic groups. The “Lamanites” were idolaters revealed to have extinguished a population of “Nephrite” Hebrews who had migrated to the New World several hundred years before the coming of Christ. Mormon scripture saw dark skin as a curse from God for wickedness, but otherwise taught that peoples of colour who converted and abandoned their culture would become white over time.
Exposure to this racist theology was a primary motivator for the black power salute at the 1968 Olympics in Mexico. Tommy Smith won the 200 metres in world record time followed by John Carlos in third place. The medallists mounted the podium barefoot, to symbolise the poverty of their African-American community, and raised black-gloved fists in defiance during the raising of the American flag. The protest triggered an explosion of institutional indignation and recriminations portraying Smith and Carlos as Nazis and traitors. The firestorm also curtailed the running career of the Australian silver medallist who in solidarity wore the same human rights badge pinned to the Americans’ jerseys.
It was a radicalising moment: I compiled a comprehensive report of the protest and the conditions leading up to it for a high school project. The racism of the church of Latter Day Saints added to my impressions of the state based on the gruesome fate of the Westward-bound Donner party caravan and the numerous massacres of the local Amerindian communities during the early days of the territory. Many of us growing up at that time saw Utah as the American equivalent of Albania or North Korea.
The Civil Rights movement had already done most of the heavy lifting. This in turn provided a platform for the anti-war movement. Before long, what began as a political movement for peace and racial inclusion coalesced into a much broader social upheaval
Utah has evolved during the intervening decades. The US government has resettled refugees of diverse backgrounds in the state. Salt Lake City’s industry-friendly environment also attracted the tech companies relocating from California, bringing the formerly isolated state into the American mainstream over the past two decades. Readily available jobs, a reasonable cost of living, and a network of Kenyan friends and family already established in the former no-go zone attracted several of my kids to Salt Lake City.
The growing cultural diversity has not altered the state’s bedrock conservatism. Mitt Romney and George Bush Jr still received a phenomenal 72 per cent of Utah’s vote in 2012 and 2008. Although Donald Trump’s tally did not reach these heights in 2016, the sum of these factors designated this most red of states an appropriate re-entry point for my tour of Trump’s America.
Steve Bannon, the Breitbart News executive who became one of the key architects of the Trump campaign, declared that if you want to change politics you have to change culture first. There was the angst on the surface and uncertainty lurking underneath, but was the Republican clean sweep of White House, the Senate, and House of representatives really a marker of far-reaching culture change?
THE COUNTERCULTURAL ROOTS OF THE TRUMP PRESIDENCY
Bannon clearly arrived at his change-the-culture thesis by observing the counterculture that emerged while my generation came of age, a phenomenon that reshaped American society and politics along the way.
The post-World War II period was an era of unprecedented prosperity, middle-class growth and technological progress for the USA. Politics was something that our parents followed as it came around in four-year cycles. America was a truly great place to grow up, as long as you could keep the fear of nuclear Armageddon, and other industrial-scale threats, at a safe distance.
For the young Americans growing up in customisable bubbles coloured by the scientific advances underpinning the futuristic orientation of American society, that was harder to do as the 1960s wore on. The raised fists in Mexico City — along with other radicalising events like the Vietnam war, the violent suppression of the Yippie protests at the Chicago Democratic Convention, and the river in Cleveland that actually caught fire and burnt for 17 days — confirmed my own doubts about how wonderful everything was or was supposed to be.
The Civil Rights movement had already done most of the heavy lifting. This in turn provided a platform for the anti-war movement. Before long, what began as a political movement for peace and racial inclusion coalesced into a much broader social upheaval. The country entered a state of agitation sustained by an expanding range of worthy causes from the conditions of migrant farm workers to rampant industrial pollution. Much of the conflict was generational, and reflected a polarising explosion of new memes, pheromones, and mind-altering visions.
As the awakening and the activism of the Vietnam era ran its course, American conservatives felt increasingly isolated. Not only had their values been shunted aside, the country’s conservative hard core saw the reforms and new liberalism as a direct threat to the sources of their wealth. Conservative partisans like Steve Bannon may have missed the party, but they were taking notes
The sentiment at the time was that only a far-reaching cultural reorientation could triumph against the entrenched political order and the military-industrial complex controlling it. The mix of hot politics and cool culture was always more about challenging the conventional assumptions underpinning American exceptionalism than the political revolution advocated by the far-left fringe.
Waves of new music, innovative lifestyles, radical role models, and more mundane concerns like promoting healthy dietary choices rocked the national status quo. People started searching for alternatives to the mindless consumption of the planet’s limited resources. Tabs, buttons, and mushrooms opened up new internal vistas that encouraged interest in ancient cultures and their spiritual religious traditions. We probed the mystical symbols adorning the dollar bill and investigated the esoteric philosophies guiding the new nation’s founding fathers.
The combination of protests, new cultural orientations, and developments in the war zones of Southeast Asia shifted public opinion. Withdrawal from Vietnam accompanied progress on other fronts from race relations to female liberation. New legislation addressed discrimination based on colour, creed, and gender, reined in the CIA, and created the Environmental Protection Agency to control serial polluters.
The ship had been righted, the course of the nation redirected, and use of the term “politically correct” offered backhanded acknowledgement of the nation’s cultural makeover in politics. In the end, many of the political attitudes engendered by the counterculture followed long hair, frayed jeans, and recreational marijuana use into mainstream America.
The changes, affected over a relatively short period, had made America even more exceptional in our eyes. But some observers disagreed. The eminent anthropologist Marvin Harris opined that the main impact of the counterculture was selling a lot of records. Iconoclastic musician Frank Zappa said that rock music’s potential revolutionary impact had been felt mostly in the textile industry. Cultural revolution did little to change the nation’s political structures and economy.
As the awakening and the activism of the Vietnam era ran its course, American conservatives felt increasingly isolated. Their champion, the embattled president Nixon, resigned office in disgrace. Not only had their values been shunted aside, the country’s conservative hard core saw the reforms and new liberalism as a direct threat to the sources of their wealth. They were still wealthy, but had become dinosaurs inhabiting a political landscape dominated by progressive ideas and proponents of activist government. Conservative partisans like Steve Bannon may have missed the party, but they were taking notes.
IT’S NOT REALLY ABOUT TRUMP
The Koch brothers are ferociously independent heirs to one of the largest private corporations in the United States. Like the Bush family and their cronies, their father, Fred Koch, built up his fortune during the 1930s, training Bolshevik engineers and selling his advanced oil refining technology and refineries to Stalin and Hitler’s Germany. His children’s nanny was a Hitler sympathiser, and after the war Fred Koch became a strong supporter of the rabidly anti-Communist John Birch Society to assuage his guilt over aiding the USSR. He transferred his extreme libertarian values to his sons, and after his death in 1967, Charles and David Koch bought out their two more liberal minded siblings.
In Dark Money, a book first released in 2016, Jane Mayer tells the story of how the Koch Brothers assembled a network of 400 über-wealthy industrialists. Mayer’s documentation of their activities reads like a virtual symphony of corporate crime in the form of fraud, tax avoidance, violations of workplace safety and employee welfare, foreign bribery, and environmental violations
Under the brothers, Koch Industries became the country’s second wealthiest private corporation, and they parlayed their financial muscle into the single most influential political machine in the country. Their first venture, David Koch’s run for the presidency on the Libertarian Party ticket in 1980, failed miserably. Plan B was based on a totally different approach. It began with annual summits attended by a handpicked list of like-minded individuals opposed to most forms of government regulation and taxation.
In Dark Money, a book first released in 2016, Jane Mayer tells the story of how the Koch Brothers assembled a network of 400 über-wealthy industrialists who leveraged their money and influence to penetrate the American political system for their personal financial benefit. The brothers are the sixth and seventh wealthiest Americans and their combined wealth makes them number one. Most of those they recruited belong to the top .01% of the country’s wealthiest billionaires and are known as the “invisible rich” because they operate private companies that shield them from public scrutiny and government rules for fiscal disclosure.
Mayer’s documentation of their activities reads like a virtual symphony of corporate crime in the form of fraud, tax avoidance, violations of workplace safety and employee welfare, foreign bribery, and environmental violations. Over several decades, this network, or the Kochtopus as it was dubbed by one analyst, spent billions of dollars funnelled through tax-free foundations and charities exempted from public oversight to promote their objectives.
The Koch summits provided the institutional foundation and financial support for a long-term strategy based on three overlapping components: The reformulation of libertarian ideology in terms of ideas and concepts enabling its propagation within mainstream society; the creation of institutions for translating this free-market ideology into policy positions and legislation; and building political vehicles on the ground for placing politicians aligned with their ideas and policies into public office.
Most of the Koch-networked and -funded institutions and political action committees, like Americans for Prosperity, flew underneath the radar. At the same time, an array of media personalities, talk show hosts, and academic celebrities duplicated the role that rock musicians, intellectuals and artists, political activists, and outspoken athletes like Mohammed Ali played in energising the masses several decades before. They elevated the role of divisive social issues like abortion rights in the political arena, fuelling the culture wars that influenced otherwise politically moderate citizens.
The Koch network funded think tanks based in respected universities to reinforce their anti-government ideology and critiques of public spending. Covertly funded political action committees were used to gain control of executive offices and legislative bodies. Over a period of 40 years, the Koch Brothers and their clique of archconservative supporters patiently cultivated a right-wing movement, often with more power to block and obstruct than to legislate their own agenda.
An array of media personalities, talk show hosts, and academic celebrities duplicated the role that rock musicians, intellectuals and artists, political activists, and outspoken athletes like Mohammed Ali played in energising the masses several decades before. They elevated the role of divisive social issues like abortion rights in the political arena
But despite the inroads and influence generated by their free-flowing money, the Koch network still lacked a nation-wide vehicle for mobilising grassroots supporters.
ENTER BARACK OBAMA, PURSUED BY MAD HATTERS
Help came from an unexpected source.
The election of Barrack Obama in 2008 triggered the formation of the anti-government Tea Party movement. Its emergence enabled the Koch network to dedicate their annual summit in 2009 to organise an all-out assault on the Democrats during the 2010 mid-term elections. Tea Party candidates defeated Democrat and mainstream Republican incumbents as the GOP regained control of the House and Senate. The trend continued in 2012, even though Obama retained the White House with a 5.5 million-vote margin of victory.
Despite their growing clout within the federal and state governments, the Koch-Tea Party coalition could not field a viable presidential candidate of their own creation, as demonstrated by the succession of inchoate candidates like Marco Rubio, Ted Cruz, Rand Paul, Rick Santorum, Ben Carson, Michelle Bachmann, and the pizza king Herman Cain.
The problem was about to repeat itself in 2016, until along came the Donald. Trump blitzed the field, reducing both establishment candidates like Jeb Bush and Tea Party aspirants to props in his carnival-style campaign. He proceeded to tweet himself into the White House, portraying himself as a new and independent force in American politics.
That he was. “I even did without a guitar and piano,” he quipped, a jibe referring to the star power Hillary Clinton trundled out at the end of her self-satisfied campaign.
Actually, the Trump team had something much better. Cambridge Analytica is a company dedicated to “the use of data to change behaviour,” or in the case of the 2016 election, using emotional manipulation based on psychological profiling to induce people to vote against their own socioeconomic interest. Electoral analysts confirm that CA helped sway the vote in key swing states like Florida, North Carolina, and Michigan, but their advanced analytics arguably required the distortionary prism cultivated by the alt-right players like Breitbart News and Steve Bannon to be effective.
THE REAL HOMELAND INSECURITY
It is easy to denigrate Trump the person. But Trump the politician scored some important points on my political scorecard. I had witnessed the beginning of the decline overtaking rural areas in the American South, and now even communities and people in America’s heartland who did everything by the book to adapt to the industrial decline still couldn’t win. The economic nationalism agenda clearly spoke to their concerns, even if it was short on viable solutions.
Despite their growing clout within the federal and state governments, the Koch-Tea Party coalition could not field a viable presidential candidate of their own creation, as demonstrated by the succession of inchoate candidates like Marco Rubio, Ted Cruz, Rand Paul, Rick Santorum, Ben Carson, Michelle Bachmann, and the pizza king Herman Cain. The problem was about to repeat itself in 2016, until along came the Donald
A Trump versus Bernie Sanders contest focusing debate on the overlapping issues at the core of both candidates’ campaigns would have been much better for the country and the eventual winner. That did not happen thanks to the Democratic National Committee’s pro-Hillary machinations. Instead, we got a noisy post-truth spectacle that made one candidate look like a sleazy demagogue while the other came across as an opportunistic mannikin compromised by special interests.
The country emerged from the polls more polarised than ever, and the acrimony of the aftermath offered little hope for improvement. The fact that Trump was not part of the Kochtopus and the Koch brothers did not support his campaign offered some hope: Maybe the guy would revert to the former Democrat who was cool with Dennis Rodman on The Celebrity Apprentice. But then again, Vice President Michael Pence was a Koch-funded poodle; Trump promptly loaded his Cabinet with Koch partisans like Betsy DeVoss and Ben Carson.
It was not easy to see where my friend’s “something good will come out this” would come from with these people in charge.
A few days after I arrived in Utah, Trump announced his Muslim travel ban. A wave of spontaneous protests erupted as airport authorities detained several hundred arrivals from abroad including a former Middle Eastern head of state. The mainstream media went into overdrive and anti-Trump posts proliferated on social media, many of them creative, incisive, and entertaining. This and the breaking news about Russia drove a former State Department official to lament that the US has become a “Banana Republic.”
Although a federal judge declared the ban unconstitutional on the first working day following the executive order, a Utah-based friend from Lamu, spooked by the ban, still felt it necessary to travel back to Kenya to escort his wife, who had just received her long-awaited US visa, past airport immigration and security. More significantly, three days later, the LDS church issued a statement opposing the ban.
I argued that the election was the best thing that happened for progressive forces in decades. It woke people up, and saved the world from a hawkish and dissembling Hillary. At least the decades of drift culminating in the aristocratic takeover of party and state by the Clinton dynasty were over
This was unexpected news, as was a University of Utah study that reported most Muslim immigrants found the state more welcoming and adjusting to the US easier in Utah’s family oriented and no-alcohol Mormon culture. I also discovered that the religion’s founder and prophet, Joseph Smith, was actually an abolitionist, and that the Utah territory granted women the right to vote in 1870, 50 years before the federal government legislated universal suffrage by passing the 19th Amendment (Congress responded by disenfranchising Utah women with the Edmunds–Tucker Act, which was designed to weaken the Mormons politically and punish them for polygamy).
Red America is not as monolithic as it may appear in media political narratives. I spent Super Bowl Sunday in Salt Lake City with a houseful of Mexican relatives. More of them were more upset with the New England Patriot’s last minute Trump-style victory than worried about Trump’s wall.
I visited blue America. We convened a large family gathering in Los Angeles, and spent time with friends in San Francisco. There were a lot of Teslas and other electric cars, and a few self-driving vehicles on the freeways, their passengers contently working on phones and tablets.
THE COMING SECESSION OF HOTEL CALIFORNIA?
California is the high-tech future. But it is also the land of a new long-tail market peasantry. Internet-savvy entrepreneurs were surviving by reselling appliances and other recycled items. Co-operatives in the form of Internet-based groups were pooling their knowledge to utilise the online economy.
I have in-laws in LA who subsist by swapping coupons and minimising household costs through scientific shopping for bargains and stocking their freezer with food reduced for clearance.
Despite their struggle to keep body and soul intact, every month they host poetry readings and other cultural events in their home that are attended by dozens of friends and associates more concerned with the fate of the country than their own declining incomes.
The two coasts had emerged as the centre of anti-Trump activism, and some of the protests, like the student protests in Berkeley that forced the administration to cancel an appearance by the Breitbart editor, Milo Yiannopoulos, crossed the line, violating basic constitutional and democratic principles. When I mentioned the retrogressive nature of some of these developments, my friends in California ranted about the new regime and talked about secession in terms that recalled my conversations with the Mombasa Republican Council’s leadership.
I responded by arguing that the election was the best thing that happened for progressive forces in decades. It woke people up, and saved the world from a hawkish and dissembling Hillary. Contributions to the American Civil Liberties Union were spiking; at least the decades of drift culminating in the aristocratic takeover of party and state by the Clinton dynasty were over.
Other developments of the past several months painted a much more nuanced picture of the state of the nation. San Francisco 49ers quarterback Colin Kaepernick revisited the spirit of the Mexico Olympic protest by refusing to stand for the national anthem. In pro-Trump Louisiana, the city of New Orleans took down the statue of Robert E. Lee — the state’s last remaining symbol of the Confederacy. John McCain penned an incisive op-ed in the New York Times underscoring the importance of human rights in foreign policy as an extension of domestic American values. Bob Dylan, the first poet of the counterculture, became a Nobel laureate.
The United States is a highly dualistic nation held together by a strong political centre. The nation’s political trajectory has consistently zigzagged between right and left of centre over the course of my lifetime. The transition from Obama to Trump was consistent with this dialectic
After the election, the website for the largest Tea Party PAC crowed that it took the anti-war movement 25 years to elect one of their own to the White House while they had done the same over the course of two electoral cycles. In reality, the success rate of Tea Party candidates peaked in 2012. Now minority politicians with names like Chokwe Lumumba and Khalid Kamau were winning seats in local government. Unheralded candidates recently won by-elections for seats in New Hampshire and New Jersey districts that had never elected a Democrat.
In his book What’s Wrong With Kansas, Thomas Frank describes how conservatives used religion and the culture wars to flip the formerly progressive state into a Republican stronghold. A decade later, the economy is tanking, while the state’s model education system deteriorates due to the spending cuts instituted by the Koch-supported Governor. Back in another flyover state, there are helped wanted signs everywhere and the Utah economy is booming. The difference is not accidental.
After I returned to Kenya, Bloomberg News published an article entitled How Utah is Keeping the American Dream Alive. The writer begins by confessing, “There’s no getting around it: For a girl raised on the Upper West Side of Manhattan, Salt Lake City is a very weird place.” She then proceeds to detail how the state government is collaborating with Latter Day Saints agencies to provide social protection for the poor while providing job training addressing local demand for skilled and semi-skilled labour. The formula is generating Scandinavian levels of social mobility in a state with a small but committed civil service and the country’s lowest per capita expenditure on education.
FACING AN UNEXCEPTIONAL FUTURE?
In 2017, I found a country not so different from the one I left on the brink of electing Barack Obama. Communication was efficient and uncomplicated; people were without exception polite, helpful, and friendly. The malls were filled with new versions of the usual stuff, and if you shopped smart most of it was much cheaper than it would cost in Kenya. Smoking reefer was laissez faire or just legal. The junk food was healthier, and the country was awash with innovative ideas and creative content. East Africa has changed so much more during the interim. But appearances can be deceptive.
Truth will make a comeback, and there is a world of well-informed and innovative solutions out there to get things going. Once again, it’s looking like my African friends got it right
The United States is a highly dualistic nation held together by a strong political centre. The nation’s political trajectory has consistently zigzagged between right and left of centre over the course of my lifetime. This makes for a lot of contradictions, but also for a more purple Republic over the long run. The transition from Obama to Trump was consistent with this dialectic, which is also a source of American democracy’s distinctive pattern of continuous change and incremental reform. President Trump is the latest exhibit in this tradition, but there are caveats.
The problem is not that Trump’s diagnoses of the nation’s problems were not on target. His vision for making America Great Again, in contrast, is informed by nostalgia, special interests, and backward-looking solutions. Trump’s proposed budget and tax cuts will injure the less educated and economically insecure voters who flocked to his rallies. The jobs at the Carrier factory Trump “saved” from being outsourced to Mexico are to be automated. Many elements of the economic nationalism he showcased on the stump are already in remission, and he is retreating from the foreign policy positions he used to whip up the crowds. He turned the government’s Middle East foreign policy over to the Saudis in exchange for a large order of weapons.
The future of the middle class is uncertain. The accelerating pace of machine learning and artificial intelligence may bring about the economic singularity within a generation. The country I grew up in was about exploration, problem solving, and optimising potential as we moved forward. Now I sense that for many Americans, the future is as murky as the Great Salt Lake on a cloudy winter day.
EVIL WINNERS WHO INVESTED IN PSEUDO-CHARITIES
The Koch Brothers and their friends tried to manufacture a new political culture based on libertarian values, but are really perpetuating the same financial industrial royalty presidents from Jefferson to Eisenhower warned us about. The likes of Bill Gates and Warren Buffet are following the tradition of other American philanthropists guided by noblesse oblige; the super wealthy populating the alt-right are evil winners who invested in pseudo-charities dedicated to advancing their own narrow interests.
Things were humming along until an outsider crashed the party.
Now the Trump presidency is unravelling in the face of problems largely of his own making. Our institutions are engaged, and my only hope is Trump & Co stay in office long enough to take down the whole prevaricating, alternative fact, toxic waste emitting and hate-mongering circus. We have seen worse, and I don’t begrudge the sincere citizens who played their trump card on the Donald having their day in the sun. But now it’s time to sort out the unprecedented crisis of inequality facing capitalism everywhere. Truth will make a comeback, and there is a world of well-informed and innovative solutions out there to get things going.
Once again, it’s looking like my African friends got it right.
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The Assassination of President Jovenel Moïse and the Haitian Imbroglio
As CARICOM countries call for more profound changes that would empower the Haitian population, Western powers offer plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country.
On Wednesday 7 July 2021, the President of Haiti, Jovenel Moïse, was assassinated in his home. His wife was injured in the attack. That the president’s assassins were able to access his home posing as agents of the Drug Enforcement Agency of the United States (DEA) brought to the fore the intricate relationship between drugs, money laundering and mercenary activities in Haiti. Two days later, the government of Haiti reported that the attack had been carried out by a team of assailants, 26 of whom were Colombian. This information that ex-soldiers from Colombia were involved brought to the spotlight the ways in which Haiti society has been enmeshed in the world of the international mercenary market and instability since the overthrow of President Jean-Bertrand Aristide and the Lavalas movement in 2004.
When the French Newspaper Le Monde recently stated that Haiti was one of the four drug hubs of the Caribbean region, the paper neglected to add the reality that as a drug hub, Haiti had become an important base for US imperial activities, including imperial money laundering, intelligence, and criminal networks. No institution in Haiti can escape this web and Haitian society is currently reeling from this ecosystem of exploitation, repression, and manipulation. Under President Donald Trump, the US heightened its opposition to the governments of Venezuela and Cuba. The mercenary market in Florida became interwoven with the US Drug Enforcement Agency (DEA) and the financial institutions that profited from crime syndicates that thrive on anti-communist and anti-Cuba ideas.
But even as Haitian society is reeling from intensified destabilization, the so-called Core Group (comprising of the Organization of American States (OAS), the European Union, the United States, France, Spain, Canada, Germany, and Brazil) offers plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country. Elsewhere in the Caribbean, CARICOM countries are calling for more profound changes that would empower the population while mobilizing international resources to neutralize the social power of the money launderers and oligarchs in Haitian society.
Haiti since the Duvaliers
For the past thirty-five years, the people of Haiti have yearned for a new mode of politics to transcend the dictatorship of the Duvaliers (Papa Doc and Baby Doc). The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination. Since that revolution, France and the US have cooperated to punish Haiti for daring to resist white supremacy. An onerous payment of reparations to France was compounded by US military occupation after 1915.
Under President Woodrow Wilson, the racist ideals of the US imperial interests were reinforced in Haiti in a nineteen-year military occupation that was promoted by American business interests in the country. Genocidal violence from the Dominican Republic in 1937 strengthened the bonds between militarism and extreme violence in the society. Martial law, forced labour, racism and extreme repression were cemented in the society. Duvalierism in the form of the medical doctor François Duvalier mobilized a variant of Negritude in the 50s to cement a regime of thuggery, aligned with the Cold War goals of the United States in the Caribbean. The record of the Duvalier regime was reprehensible in every form, but this kind of government received military and intelligence assistance from the United States in a region where the Cuban revolution offered an alternative. Francois Duvalier died in 1971 and was succeeded by his son, Jean-Claude Duvalier, who continued the tradition of rule by violence (the notorious Tonton Macoute) until this system was overthrown by popular uprisings in 1986.
The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination.
On 16 December 1990, Jean-Bertrand Aristide won the presidency by a landslide in what were widely reported to be the first free elections in Haiti’s history. Legislative elections in January 1991 gave Aristide supporters a plurality in Haiti’s parliament. The Lavalas movement of the Aristide leadership was the first major antidote to the historical culture of repression and violence. The United States and France opposed this new opening of popular expression such that military intervention, supported by external forces in North America and the Organization of American States, brought militarists and drug dealers under General Joseph Raoul Cédras to the forefront of the society. The working peoples of Haiti were crushed by an alliance of local militarists, external military peacekeepers and drug dealers. The noted Haitian writer, Edwidge Danticat, has written extensively on the consequences of repeated military interventions, genocide and occupation in the society while the population sought avenues to escape these repressive orders. After the removal of the Aristide government in 2004, it was the expressed plan of the local elites and the external forces that the majority of the Haitian population should be excluded from genuine forms of participatory democracy, including elections.
Repression, imperial NGOs and humanitarian domination
The devastating earthquake of January 2010 further deepened the tragic socio-economic situation in Haiti. An estimated 230,000 Haitians lost their lives, 300,000 were injured, and more than 1.5 million were displaced as a result of collapsed buildings and infrastructure. External military interventions by the United Nations, humanitarian workers and international foundations joined in the corruption to strengthen the anti-democratic forces in Haitian society. The Clinton Foundation of the United States was complicit in imposing the disastrous presidency of Michel Martelly on Haitian society after the earthquake. The book by Jonathan Katz, The Big Truck That Went By: How the World Came to Save Haiti and Left Behind a Disaster, provides a gripping account of the corruption in Haiti. So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.
In 2015, Jovenel Moïse was elected president in a very flawed process, but was only able to take office in 2017. From the moment he entered the presidency, his administration became immersed in the anti-people traditions that had kept the ruling elites together with the more than 10,000 international NGOs that excluded Haitians from participating in the projects for their own recovery. President Moïse carved out political space in Haiti with the support of armed groups who were deployed as death squads with the mission of terrorizing popular spaces and repressing supporters of the Haitian social movement. In a society where the head of state did not have a monopoly over armed gangs, kidnappings, murder (including the killing of schoolchildren) and assassinations got out of control. Under Moïse, Haiti had become an imbroglio where the government and allied gangs organized a series of massacres in poor neighbourhoods known to host anti-government organizing, killing dozens at a time.
Moïse and the extension of repression in Haiti
Moïse remained president with the connivance of diplomats and foundations from Canada, France and the United States. These countries and their leaders ignored the reality that the Haitian elections of 2017 were so deeply flawed and violent that almost 80 per cent of Haitian voters did not, or could not, vote. Moïse, with the support of one section of the Haitian power brokers, avoided having any more elections, and so parliament became inoperative in January 2020, when the terms of most legislators expired. When mayors’ terms expired in July 2020, Moïse personally appointed their replacements. This accumulation of power by the president deepened the divisions within the capitalist classes in Haiti. Long-simmering tensions between the mulatto and black capitalists were exacerbated under Moïse who mobilized his own faction on the fact that he was seeking to empower and enrich the black majority. Thugs and armed gangs were integrated into the drug hub and money laundering architecture that came to dominate Haiti after 2004.
After the Trump administration intensified its opposition to the Venezuelan government, the political and commercial leadership in Haiti became suborned to the international mercenary and drug systems that were being mobilized in conjunction with the military intelligence elements in Florida and Colombia. President Jovenel Moïse’s term, fed by spectacular and intense struggles between factions of the looters, was scheduled to come to a legal end in February 2021. Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.
So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.
Since the removal of Aristide and the marginalization of the Lavalas forces from the political arena in Haiti, the US has been more focused on strengthening the linkages between the Haitian drug lords and the money launderers in Colombia, Florida, Dominican Republic, and Venezuelan exiles. It was therefore not surprising that the mercenary industry, with its linkages to financial forces in Florida, has been implicated in the assassination of President Moïse. The Core Group of Canada, France and the US has not once sought to deploy the resources of the international Financial Action Task Force (FATF) to penetrate the interconnections between politicians in Haiti and the international money laundering and mercenary market.
Working for democratic transition in Haiti
The usual handlers of Haitian repression created the Core Group within one month of Moïse’s assassination. Canada, France and the United States had historically been implicated in the mismanaging of Haiti along with the United Nations. Now, the three countries have mobilized the OAS (with its checkered history), Brazil and the European Union to add their weight to a new transition that will continue to exclude the majority of the people of Haiti. It has been clear that under the current system of destabilization and violence, social peace will be necessary before elections can take place in Haiti.
Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.
The continuous infighting among the Haitian ruling elements after the assassination was temporarily resolved at the end of July when Ariel Henry was confirmed by the US and France as Prime Minister. Henry had been designated as prime minister by Moïse days before his assassination. The popular groups in Haiti that had opposed Moïse considered the confirmation of Ariel Henry as a slap in the face because they had been demonstrating for the past four years for a more robust change to the political landscape. These organizations mobilized in what they called the Commission, (a gathering of civil society groups and political parties with more than 150 members), and had been holding marathon meetings to publicly work out what kind of transitional government they would want to see. According to the New York Times, rather than a consensus, the Core Group of international actors imposed a “unilateral proposal” on the people of Haiti.
Haiti is a member of CARICOM. The Caribbean community has proposed a longer transition period overseen by CARICOM for the return of Haiti to democracy. With the experience of the UN in Haiti, the Caribbean community has, through its representative on the UN Security Council, proposed the mobilization of the peacekeeping resources and capabilities of the UN to be deployed to CARICOM in order to organize a credible transition to democracy in Haiti. The nature and manner of the assassination of President Moïse has made more urgent the need for genuine reconstruction and support for democratic transition in Haiti.
How Dadaab Has Changed the Fortunes of North-Eastern Kenya
Despite the hostile rhetoric and threats of closure, the presence of refugees in the camps in northern-eastern Kenyan has benefited the host communities.
In the 1960s, Kenya had a progressive refugee policy that allowed refugees to settle anywhere in the country and to access education. This approach created in Kenya a cadre of skilled and professional refugees. However, the policy changed in the 1990s due to an overwhelming influx of refugees and asylum seekers escaping conflict in Somalia, Ethiopia and South Sudan. Kenya switched to an encampment policy for refugees, who were mainly confined to camps.
Although there are refugees living in urban and peri-urban areas elsewhere in the country, for over two decades, northern Kenya has hosted a disproportionate number of the refugees living in Kenya. The region has been home to one of the world’s largest refugee camps, with generations of lineage having an impact on the economic, social, cultural, and ecological situation of the region because of the support provided by the government and by non-governmental organisations (NGOs) in education, health and security services.
Mandera and Marsabit counties, both of which boarder with Ethiopia, Wajir County which borders with both Ethiopia and Somalia and, Garissa County which borders with Somalia, have hosted refugees and migrants displaced from their countries of origin for various reasons. In 2018, the town of Moyale, which is on the Ethiopian boarder in Marsabit County, temporarily hosted over 10,000 Ethiopians escaping military operations in Ethiopia’s Moyale District.
Elwak town in Wajir County occasionally hosts pastoralist communities from Somalia who cross into Kenya seeking pasture for their livestock. While the movement of refugees into Marsabit and Wajir counties has been of a temporary nature, Garissa County has hosted refugees for decades.
Located 70 kilometres from the border with Somalia, the Dadaab refugee complex was established in the 1990s and has three main camps: Dagahaley, Ifo, and Hagadera. Due to an increase in refugee numbers around 2011, the Kambioos refugee camp in Fafi sub-county was established to host new arrivals from Somalia and to ease pressure on the overcrowded Hagadera refugee camp. The Kambioos camp was closed in 2019 as the refugee population fell.
According to the UN Refugee Agency, UNHCR, and the Refugee Affairs Secretariat (RAS), the Dadaab refugee complex currently hosts over 226, 689 refugees, 98 per cent of whom are from Somalia. In 2015, the refugee population in the Dadaab refugee complex was over 300,000, larger than that of the host community. In 2012, the camp held over 400,000 refugees leading to overstretched and insufficient resources for the growing population.
Under international refugee and human rights law, the government has the sole responsibility of hosting and caring for refugees. However, there is little information regarding the investments made by the Kenyan government in the refugee sector in the north-eastern region over time. Moreover, the government’s investment in the sector is debatable since there was no proper legal framework to guide refugee operations in the early 1990s. It was only in 2006 that the government enacted the Refugee Act that formally set up the Refugee Affairs Secretariat mandated to guide and manage the refugee process in Kenya.
While the Refugee Act of 2006 places the management of refugee affairs in the hands of the national government, devolved county governments play a significant role in refugee operations. With the 2010 constitution, the devolution of social functions such as health and education has extended into refugee-hosting regions and into refugee camps. While devolution in this new and more inclusive system of governance has benefited the previously highly marginalised north-eastern region through a fairer distribution of economic and political resources, there is however little literature on how the refugees benefit directly from the county government resource allocations.
The three north-eastern counties are ranked among the leading recipients of devolved funds: Mandera County alone received US$88 million in the 2015/2016 financial year, the highest allocation of funds after Nairobi and Turkana, leading to developmental improvements.
However, it can be argued that the allocation of funds from the national government to the northern frontier counties by the Kenya Commission on Revenue Allocation—which is always based on the Revenue Allocation table that prioritizes population, poverty index, land area, basic equal share and fiscal responsibility—may not have been taking the refugee population into account. According to the 2019 census, the population of Dadaab sub-county is 185,252, a figure that is well below the actual refugee population. The increase in population in the north-eastern region that is due to an increase in the refugee population calls for an increase in the allocation of devolved funds.
The three north-eastern counties are ranked among the leading recipients of devolved funds.
Dadaab refugee camp has been in the news for the wrong reasons. Security agencies blame the refugees for the increased Al Shabaab activity in Kenya, and even though these claims are disputed, the government has made moves to close down the camp. In 2016, plans to close Dadaab were blocked by the High Court which declared the proposed closure unconstitutional. In 2021, Kenya was at it again when Ministry of Interior Cabinet Secretary Fred Matiang’I tweeted that he had given the UNHCR 14 days to draw up a plan for the closure of the camp. The UNHCR and the government issued a joint statement agreeing to close the camp in June 2022.
The security rhetoric is not new. There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms. During the 554th meeting of the African Union Peace and Security Forum held in November 2015, it was concluded that the humanitarian character of the Dadaab refugee camp had been compromised. The AU statements, which may have been drafted by Kenya, claimed that the attacks on Westgate Mall and Garissa University were planned and launched from within the refugee camps. These security incidents are an indication of the challenges Kenya has been facing in managing security. For example, between 2010 and 2011, there were several IED (Improvised Explosive Devices) incidents targeting police vehicles in and around Dadaab where a dozen officers were injured or killed. In October 2012, two people working for the medical charity Médicins Sans Frontières (MSF) were kidnapped in Dadaab. Local television network NTV has described the camp as “a womb of terror” and “a home for al-Shabaab operations”.
There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms.
Security restrictions and violent incidents have created a challenging operational environment for NGOs, leading to the relocation of several non-local NGO staff as well as contributing to a shrinking humanitarian space. Some teachers and health workers from outside the region have refused to return to the area following terrorist attacks by Al-Shabaab, leaving behind large gaps in the health, education, and nutrition sectors.
However, despite the challenging situation, the refugee camps have also brought many benefits, not only to Kenya as a country but also to the county governments and the local host communities.
According to the Intergovernmental Authority on Development (IGAD) half the refugee population in the IGAD member states are children of school-going age, between 4 and 18 years.
In Garissa, the education sector is one of the areas that has benefited from the hosting of refugees in the county because the host community has access to schools in the refugee camps. Windle Trust, an organisation that offers scholarships to students in secondary schools and in vocational training institutes, has been offering scholarships to both the refugees and the host communities. In July 2021, over 70 students benefited from a project run by International Labour Organisations (ILO) in partnership with Garissa county governments, the East African Institute of Welding (EAIW) and the Kenya Association of Manufacturers (KAM) to give industrial welding skills to refugees and host communities.
However, despite the measures taken by the Kenyan government to enrol refugees in Kenyan schools, there is a notable gap that widens as students go through the different levels of education. Statistics show that of the school-going refugee population, only a third get access to secondary education of which a sixth get to join tertiary institutions. This is well below the government’s Sustainable Development Goal (SDG) 4 target that seeks to ensure that all girls and boys complete free, equitable and quality primary and secondary education. This also reflects the situation of the host community’s education uptake. Other investments in the education sector that have targeted the host communities include recruitment and deployment of early childhood education teachers to schools in the host community by UNHCR and other non-governmental organizations (NGOs).
The presence of refugees has led to NGOs setting up and running projects in the camps. According to Garissa County’s Integrated Development Plan, there are over 70 non-governmental organisations present, with the majority operating around the Dadaab refugee complex and within the host communities. The UNHCR estimates that it will require about US$149.6 million to run its operations in Dadaab Camp this year. However, as of May 2021, only US$45.6 million—31 per cent of the total amount required—had been received.
The decrease in humanitarian funding has had an impact on the livelihoods of refugees and host communities in north-eastern Kenya. According to the World Bank, 73 per cent of the population of Garissa County live below the poverty line. In the absence of social safety nets, locals have benefited from the humanitarian operations in and around the camp. The UNHCR reports that about 40,000 Kenyan nationals within a 50km radius of the Dadaab refugee camp ended up enrolling as refugees in order to access food and other basic services in the camps.
In 2014, the UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million worth of community assets since 2011. The presence of refugees has also increased remittances from the diaspora, and there are over 50 remittance outlets operating in the Dadaab camp, increasing economic opportunities and improving services. Using 2010 as the reference year, researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.
The UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million of community assets since 2011 since 2011.
To reduce overdependence on aid and humanitarian funding in running refugee operations, the County Government of Garissa developed a Garissa Integrated Socio-Economic Development Plan (GISEDP) in 2019 that provided ways of integrating refugees into the socio-economic life of the community to enhance their self-reliance. The European Union announced a Euro 5 million funding programme to support the socio-economic development plan, thus opening up opportunities for development initiatives including income generating activities such as the flourishing businesses at Hagadera market. The recent announcement of the planned closure of the camp has put these plans at risk.
The host community is increasingly involved in issues that affect both the locals living around the Dadaab refugee complex and the refugees themselves, with the voice of the community gaining prominence in decision-making regarding the county budget and sometimes even regarding NGO operations. NGOs periodically conduct needs assessments in and around the camp to guide the budgeting and planning process for subsequent years and the host community is always consulted.
Interest in governance issues has also increased. For example, between 2010 and 2015 the host community successfully lobbied for increased employment opportunities for locals in the UNHCR operations. With experience in the humanitarian field, some from within the host communities have secured positions as expatriates in international organizations across the globe, adding to increased international remittances to Garissa County.
Research reveals that, compared to other pastoralist areas, health services for host communities have improved because of the presence of aid agencies in Dadaab. Hospitals managed by Médicins Sans Frontières and the International Red Cross in Dagahaley and Hagadera respectively are said to be offering better services than the sub-county hospital in Dadaab town. The two hospitals are Ministry of Health-approved vaccination centres in the fight against the COVID-19 pandemic.
Despite the massive investments made in the health sector by humanitarian organisations in and around Dadaab, both UNICEF and the World Health Organisation have identified the camp as an entry point for infectious diseases like polio and measles into Kenya. There was a confirmed case of WPV1 (wild poliovirus) in a 4-month-old girl from the Dadaab refugee camp in May 2013. This is a clear indication of the health risks associated with the situation.
Researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.
Other problems associated with the presence of the camps include encroachment of the refugee population on local land, leading to crime and hostility between the two communities. These conflicts are aggravated by the scramble for the little arable land available in this semi-arid region that makes it difficult to grow food and rear farm animals, leading to food shortages.
While it is important to acknowledge that progress has been made in integrating refugees into the north-eastern region, and that some development has taken place in the region, more needs to be done to realise the full potential of the region and its communities. Kenya’s security sector should ensure that proper measures are put in place to enhance security right from the border entry point in order to weed out criminals who take advantage of Kenya’s acceptance of refugees. The country should not expel those who have crossed borders in search of refuge but should tap fully into the benefits that come with hosting refugees.
Pastoralist Communities Still Anxious About the Status of Their Land
Despite the enacting of the Community Lands Act of 2016, pastoral communities in Kenya have continued to be disadvantaged by the weak nature of their land tenure rights.
Commended as a liberating provision of Kenya’s 2010 Constitution, Article 63 provides a legal basis for recognition, definition, and ownership of communal land. The Community Land Act gives life to Article 63 of the Constitution of Kenya 2010 by recognising, protecting, and providing for the registration of community lands.
The passage of the Community Lands Act (CLA) in 2016 increased expectations among the indigenous pastoralist communities of Kenya that the new law will not only help them secure their land but also reclaim all or part of the ancestral lands they lost to colonialists.
Four years after the adoption of the Act, there are more questions than answers over its implementation, success, and the challenges faced.
Rights and security of tenure
Previously, rights to customary tenure were limited to those of occupation and use. The law did not recognise other rights. Much of the literature has linked customary land tenure and use to environmental degradation (the tragedy of the commons), social conflict and food insecurity. Thus, the indigenous land tenure system has been perceived as inferior and an impediment to agricultural development.
In the new laws, the rights conferred by community land have equal footing in law as other previously recognised land tenures such as freehold and leasehold. The legislation upholds Article 40 of the Constitution of Kenya that grants all the rights to own property in any part of Kenya. The Act is progressive in promoting the rights of Kenyans everywhere, regardless of their different ways of life.
Under Section 4(1) the Act vests ownership of community land in the community. Community is defined as people sharing similar ancestry, culture, geographical/ecological space, or ethnicity. The CLA has vested ultimate responsibility to formalise the community rights in community stewardship. The procedure for registering “a community claiming an interest in or right over community land” is set out in section 7 of the Community Land Act and detailed in Part II of the Community Land Regulations.
The registration as provided under Section 7 of the Act involves a complex procedure of electing a community land management committee (CLMC) with a comprehensive register of communal interest holders. The committee then submits for registration to the Registrar the name, the members, and the minutes of meetings and rules and regulations of the community.
Upon registration, a title deed in the prescribed form is issued in the name of the community. Thereafter, the community under, the leadership of the CLMC, can plan the development and management of the community land and the natural resources on it.
The county government
The county government is the trustee of all unregistered community land in Kenya. As a trustee, the county government has the responsibility of receiving and keeping in safe custody, on behalf of the community, any monies paid as compensation for compulsorily acquired community land and royalties paid as a benefit for the use of unregistered community land. The county government is also an active stakeholder in the registration process. The Act mandates the county to prepare and submit to the Cabinet Secretary an inventory of all unregistered community land within its jurisdiction to prepare a comprehensive adjudication programme and help in civic education on the registration process.
Threats to pastoral land
Although there are no official records on the size of community land, a close guesstimate is that 60 per cent of Kenya’s landmass is primarily within 21 of the 47 counties. The surface area of Kenya is approximately 582,646km² of which 97.8 per cent is land and 2.2 per cent is water.
When we consider these statistics, Kenya’s community land stands at 341,897 km², excluding private and public lands. It is no secret that most community land is in the historically ignored, dry northern region of Kenya that is occupied by pastoralists.
Therefore, it is a moral imperative to assess whether the Act lays a foundation for security of tenure and more specifically whether it highlights the role of community land ownership in sustaining pastoral land resources.
Over the years, community land has been defined as un-owned or idle land. It is also often mistaken for government land, resulting in illegal grabbing. Moreover, the risk of pastoral and other indigenous communities being disinherited of their land and natural resources continues to increase.
The CLA is unhelpful in this regard as it allows the county government and the national government to set aside parts of community land to promote or upgrade in the “public interest”, a term that is ambiguous as it is not clearly defined. The result is that the term “public interest” has been used interchangeably with “public purpose” which the Land Act 2012 defines as the establishment of “physical infrastructure, roads, dams, national sports facilities, etc.”, leaving the door wide open by adding, “and for any other analogous public purpose”.
The risk of pastoral and other indigenous communities being disinherited of their land and natural resources continues to increase.
Considering the above, pastoralists in northern Kenya face imminent dispossession of their lands due to state-sanctioned mega-projects such as the Lamu Port, South Sudan, Ethiopia, Transport Corridor (LAPPSET). Although both the Constitution of Kenya 2010, CLA 2016, and Land Act 2012 guarantee compensation in good faith for the unregistered occupant as well as for registered owners in case of land expropriation for a public purpose, compensation for pastoralist will be non-existent or at best a mere token because of the Land Value Index Laws (Amendment) Bill 2016.
The bill proposes to limit compensation to the value of the structures and improvements made to the land. Under these circumstances, rural property owners are disadvantaged, and nothing will be forthcoming for land purposely set aside for grazing, as is the case in most pastoralist communities.
Loss of community land may also occur through the statutory right of the state to deﬁne new categories of public land. Part of the existing public land that may not be transferred to the community includes lands prone to waterlogging, buffer zones around the national parks, and cultural sites of importance. Wetlands are critical dry season grazing areas for pastoralists and cultivation, and this provision extinguishes the ancestral claim to resources that are critical to their survival.
The National Land Commission may also identify public land that is available to investors. The CLA itself allows the National Land Commission to add to the list of local land types that may not be transferred to communities. All the above point to the risks faced by communities that assume that all their unregistered community areas are protected under the Act.
The CLA has vested the ultimate responsibility of community land registration in the community. This is unfair considering that the community is not sufficiently aware of the law and the land formalisation process. The procedures provided are complex for the comprehension of indigenous communities that have had little to no contact with government authorities in the past. There is a need to create an awareness of the Act to kick-start the registration process.
Poor or limited financial and technical capacity is the biggest impediment to implementing the Community Land Act. Ideally, community land registrars should be on the ground to educate and assist the communities with the registration process, but they are absent in most counties.
For example, in Isiolo, the registrar was only deployed in mid-2020, while some counties such as Marsabit and Samburu rely on registrars from other regions such as Isiolo or West Pokot.
The registration procedures require movement from one office to another, resources to mobilise community members for meetings, and advertisements on local radios to announce such meetings. These activities all have financial implications, but unfortunately, most counties have no budgetary allocation to support such activities; where these resources do exist, they are very limited.
The strength of CLA lies in its social inclusion, and the principle of non-discrimination. Decision-making on the formalisation of communal rights must be done in a fair, transparent and accountable manner. Procedurally, at least two-thirds of all adult members must participate, consent, or vote on actions and decisions. When a member or a section of the people disagree with the rest over a certain matter, they can lodge their complaint with the registrar or the courts and stall the registration process. This has, to some extent, over-empowered individuals at the expense of the majority or collective voice of the community.
Poor or limited financial and technical capacity is the biggest impediment to implementing the Community Land Act.
The disadvantage of this arrangement is that the registration process comes to a halt until the dispute is successfully determined. For example, the registration of the Merti community land (one of the registration units) in Isiolo hit a snag due to a dispute over the naming of community land.
The proposed name, “Nagele Borana”, was rejected by some of the members for fear that other non-Borana communities may be excluded from the community. Isiolo is inhabited predominantly by the Borana ethnic group, but other nomadic ethnic groups such as the Sakuye, the Gabra and the Somali are also present. There is the assumption that the use of the name of one community will exclude the other communities, and this has caused unnecessary tension and delays.
The support of the county government—the trustee of all unregistered community land—is limited by to many factors. Overlapping claims between county and national governments over certain lands create a setback in fast-tracking the process of formalisation. Kenya Defence Forces (KDF), for example, claims part of Isiolo County land as part of their land, leading to evictions from land that is part of the extensive communal land in the county. The forceful evictions by KDF have been triggered by the assumption that unutilised community land is government/free land. The Constitution of Kenya 2010 failed to discern the overlap between public and community lands and to put measures in place to protect communities from the dispossession of their land.
While challenges remain, there are several bright spots, successes, and good practices across the 21 counties concerned. The first step for community land registration is civic education on the requirements and procedures. According to the Food and agricultural organisation (FAO) of United Nations, at least 24 counties have been sensitised on the CLA 2016 by the Ministry of Lands and Physical planning with the support of the Land Governance Programme funded by the European Union. However, this sensitisation drive only targeted the key decision-makers at the county level. There is a need for a serialised civic education campaign at the grassroots considering that rural people in these counties have had little or no prior contact with government authorities.
At least 10 counties have submitted the inventory of their community lands to the Lands and Physical Planning Cabinet Secretary as prescribed by law. These counties include Baringo, Turkana, West Pokot, Tana River, Isiolo, Wajir, Garissa, Mandera, Marsabit and Lamu. However, most of these inventories are not complete and there is need for follow-up with the counties for their completion. Five communities In Isiolo, namely Kalash, Lenguruma, Longobito, Sericho and Merti, are said to have initiated the registration process and are believed to be at the preliminary stages.
Laikipia and Samburu counties are trendsetters in community land registration in Kenya. In these two counties, a combined total of 24 communities have completed the election of their community land management committees and are ready for the transition. At least five former group ranches have successfully transited to community land and been issued with community title. Elsewhere, nine communities have also prepared for registration in West Pokot under the land governance programme that the FAO is implementing in partnership with the Ministry of Lands and Physical Planning. Even though transitioning from group ranches is straightforward compared to the registration of unregistered land, the progress made in these counties is a testament that community land registration is achievable with the financial and technical support of both government and non-governmental agencies.
Pastoral communities in Kenya have continued to be disadvantaged by the weak nature of their land tenure rights compared to other forms of tenure. Despite the constitutional provision that community land tenure is a lawful class of tenure on an equal footing with private and public land tenure, there is persisting anxiety that community land rights are not sufficiently protected or even restored under the CLA of 2016.
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