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Executive Disorder: Unpacking Illegal Presidential Directives

8 min read.

The 2010 constitution does not support an all-powerful president. Presidential orders or directives are not supported by the constitution, which is more concerned with the rule of law, good governance, inclusiveness in decision-making and dispersal of state power.

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President Uhuru Kenyatta has the tendency of issuing orders and declarations. These directives, which in State House jargon are often referred to as executive orders, are issued from all manner of venues and events but commonly from State House, when he is delivering his speeches during national holidays and often during the State of the Nation address given in March every year in parliament.

The language the president uses when issuing these orders is deliberate. It is one of “I have directed”, “I have instructed” or “I have ordered”. That choice of language communicates a number of things. One, that the president has the legal authority and power to make the order and two, that those directed to undertake the action must do so. The orders also take various forms. Some are formally written, but some are just that – verbal orders made during a televised address or at a moment of excitement during a political rally.

Situating executive orders in history

In Kenya, executive orders are not new. President Daniel arap Moi was notorious for issuing executive orders. In fact, his executive orders were often referred to as “roadside declarations” because they were issued randomly and unpredictably, often by the roadside when he stopped to greet people. Often he would stop to “buy” vegetables by the roadside and would demand that a government officer or a state agency undertake a certain action. He seemed not to care about the implications, often issuing orders which sometimes would require billions of shillings to implement. The orders were issued with no prior government planning. Some would be petty or vindictive, including ordering the detention of those who questioned his regime. But regardless of how petty or costly his orders were, he expected nothing less than full implementation of them. Luckily, Moi ruled at a different time, when it was hard to distinguish between him and the law. Kenya law was what Moi said the law was and most of those who thought differently either ended up in detention or with their collar bones broken by the ruthless anti-riot police.

The language the president uses when issuing these orders is deliberate. It is one of “I have directed”, “I have instructed” or “I have ordered”. That choice of language communicates a number of things. One, that the president has the legal authority and power to make the order and two, that those directed to undertake the action must do so.

On the global scene, even though past American presidents have issued executive orders, Donald Trump is perhaps the first US president to be most associated with popularising executive orders. On the day he was sworn into office, he wore an adolescent grin as he signed away tens of executive orders. The excitement he felt at finally having the power to use the presidential pen was palpable. As fate would have it, he would get a rude awakening later when a number of his key executive orders were challenged, including those imposing a travel ban on persons from a number of select Muslim-dominated countries.

Uhuru’s orders

So what are Uhuru’s executive orders? There are countless but a few examples will suffice here. Early this year, Uhuru issued an executive order creating the Nairobi Metropolitan Area Transport Authority (NAMATA), a multi-billion-shilling agency that is intended to integrate the transport of four counties – Nairobi, Machakos, Kajiado and Kiambu – in order to ease traffic and bring order to public transport in the Nairobi metropolitan area. In his 2015 State of the Nation address, he had issued an executive order creating a ten-billion Restorative Justice Fund, which was meant to compensate victims of historical state injustices, including the victims of the 2007/8 post-election violence. In the same speech, he ordered the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions to finalise the processing of pending anti-corruption cases within sixty days. Earlier he had issued Executive Order Number Six (6) on Ethics and Integrity in the Public Service with directives to various state organs on what they must do to fight corruption.

What the constitution says

But are the President’s executive orders legal or constitutional?

Because of Kenya’s history of misrule – during the Jomo Kenyatta, Daniel arap Moi and Mwai Kibaki regimes – Kenyans learned that it was a fundamental mistake to concentrate power in one individual or institution.

Kenya has one of the most progressive and transformative constitutions in the world. The constitution is value-laden, with some of the critical values being the rule of law, good governance, separation of powers, transparency and accountability and respect for human rights. Two additional values are devolution of power and participation of the people.

Because of Kenya’s history of misrule – during the Jomo Kenyatta, Daniel arap Moi and Mwai Kibaki regimes – Kenyans learned that it was a fundamental mistake to concentrate power in one individual or institution. Though the independence constitution had modestly dispersed power, including by creating regional governments, Uhuru Kenyatta’s father, Jomo Kenyatta, was quick to weaken the institutions of state and concentrate power around him. The president, not even the presidency, became synonymous with the law. Moi would perfect this, and although Kibaki was slightly shy about it, he never failed to use this privilege, especially whenever it suited him personally.

Because of this sad history of autocratic domination, when Kenyans promulgated a new constitution in 2010, they dispersed state power as much as possible, first, vertically by deconcentrating power through devolution and ring-fencing the functions of each level of government, and second, by dispersing power horizontally by entrenching a strong separation-of-powers regime between the executive and the legislature and by structurally providing for one of the most powerful and independent judiciaries in the world.

The net effect of all this is that, constitutionally, we have a relatively weak national executive – in fact, very weak by the 1969 constitution’s standards. Note this: the constitution created a president who is both the head of national government (the national executive) and the head of state. The titles are colourful, but constitutionally the institution of the presidency does not have much power. This is for three reasons.

First, the constitution created many safeguards to check the president’s power. For example, hardly any of the president’s appointees (except his personal staff) can take office without parliamentary vetting. Even when – as has been with the current parliament – parliament fails to appreciate the enormity of its power of oversighting the executive and allows mediocre appointees by the president to take office, the courts can constitutionally intervene and can even invalidate the president’s appointments.

Second, the constitution places little trust in the presidency; this is evident in Article 135, which requires a “decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.” The effect of Article 135 is that any decision of the president that is not in writing is illegal.

The president cannot take over a function constitutionally given to the counties and direct them on what to do or how to do it. If he does this, he is usurping the powers of the counties, which is illegal.

Finally, the president cannot tell anything to most of the critical state organs. On this, for example, the president has no power over county governments, because, constitutionally, the heads of those governments are county governors, who through ingenious but important constitutional provisions, are co-equals of the president. Additionally, constitutionally, the president cannot direct state institutions, such as the Office of the Director of Public Prosecutions (DPP) and independent commissions, such as the Ethics and Anti-Corruption Commission (EACC) or even the Office of the Inspector General of Police. In other words, the president is more a head of state (which constitutionally is more of a ceremonial office) than the head of government.

Illegal executive orders?

So how legal are executive orders? The quick answer is that they are mostly illegal. Why?

It is easier to answer the why question by looking at the various executive orders I outlined earlier.

Let’s start with NAMATA. The illegalities here are numerous. First, local transport under the constitution is a function of counties. The president cannot take over a function constitutionally given to the counties and direct them on what to do or how to do it. If he does this, he is usurping the powers of the counties, which is illegal. Not that the constitution excludes the president from having a say on an institution like NAMATA. No. He can, as a citizen, participate in demanding the creation of such an organ to address what is obviously a genuine and critical need. He can also, as president, through constitutionally created intergovernmental mechanisms, find ways to work with the counties involved to develop such an organ. He could also, using his clout as the head of national government, request parliament to grant conditional grants to the counties to develop such a facility.

Interestingly, some of the institutions targeted by the president are the very independent commissions and offices that are supposed to be insulated from state or presidential interference.

Second, NAMATA becomes problematic when it is created through an executive order. This problem also arises in regard to the executive order creating a Restorative Justice Fund. Both require significant financial outlay (at least Ksh10 billion for the Restorative Justice Fund, and more in the case of NAMATA). The institutions that have the power to allocate state revenue are parliament and county assemblies, not the presidency. Parliament and county assemblies were not involved, at least initially, either in the conceptualisation of the idea or in the issuance of the executive orders. Hence later attempts to create a legislative framework to facilitate these efforts are nothing but sanitising an illegality. And a sanitised illegality still remains an illegality.

What of the orders to the EACC and DPP to process corruption cases within sixty days? Also illegal. The constitution says both of these institutions are independent – in fact, the constitution refers to them as independent offices and commissions. This was done deliberately. Kenyans knew that public officers and state institutions have tendencies to violate the law. They needed strong watchdogs to check the excesses of public officers and state institutions. They also had to insulate these watchdogs from the potentially offending public institutions and officers, including the president. One such insulation was to require that the independent commissions and offices undertake their mandate independently and without being directed by anyone external to them. When the president issues directives to these independent bodies, he is compromising their independence and violating the constitution.

Creating an image of an all-powerful office, which is communicated by the choice of words that commonly feature in the president’s speeches, is an act of executive brainwashing on citizens. The intention is to create a state of mind among the public that the president can ask for anything to be done and it must and will be done.

Interestingly, some of the institutions targeted by the president are the very independent commissions and offices that are supposed to be insulated from state or presidential interference. Unfortunately, some of these institutions have not responded adequately to illegal executive orders. In his 2015 State of the Nation address, the president issued investigatory and prosecutorial directives to the EACC and the DPP; both frantically tried to implement the executive order. In fact, with the exception of the Office of the Auditor General (and here it is more the Auditor General himself than the office), hardly any of the commissions and independent offices can be regarded as having the spine to fight the illegality of executive orders. The National Police Service Commission (NPSC), despite its strategic constitutional mandate of enforcing the rule of law, was perhaps the first to buckle under the weight of the executive’s demands. Other commissions are similarly eager to turn a blind eye on the executive’s transgressions.

Executive brainwashing

The 2010 constitution does not support an all-powerful president. Presidential orders or directives are not supported by the constitution, which is more concerned with the rule of law, good governance, inclusiveness in decision-making and dispersal of state power.

When you read the State of the Nation address or any address by the president, the impression you are left with is of a very powerful office. The terms, “direct”, “order”, “require”, litter such statements. Creating an image of an all-powerful office, which is communicated by the choice of words that commonly feature in the president’s speeches, is an act of executive brainwashing on citizens. The intention is to create a state of mind among the public that the president can ask for anything to be done and it must and will be done. Jomo Kenyatta and Daniel arap Moi secured their dictatorial regimes through this kind of psychological sabotage. Unfortunately, Uhuru seems to be hanging on to a dwindling warmth of history, a history long banished by the constitution.

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Waikwa is a constitutional lawyer and co-founder of Katiba Institute.

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‘Teach and Go Home’: Kenya’s Teachers Service Commission and the Terrors of Bureaucracy

The TSC has no mandate, and no qualification, to be peeping into classrooms and making pedagogical decisions. The litany of bureaucracy that it imposes on teachers must be abolished.

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‘Teach and Go Home’: Kenya's Teachers Service Commission and the Terrors of Bureaucracy
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On the afternoon of Friday, 12 November, Martha Omollo, a teacher in Nairobi County, was called to her school and served with a letter from the Teachers Service Commission, the government employer of teachers in public schools. The letter, which was dated that day, informed her that she had been transferred to a school in Trans Nzoia County, 400 kilometres away, and that she was to report ready to teach the following Monday, 15th November.

Earlier in the week, Omollo had been the spokesperson of the Teachers’ Pressure Group, which had called into question the loyalty of the union leaders to its members, and the opaque health insurance scheme into which teachers pay through involuntary salary deductions. Shortly after the press conference, Omollo received a call from the TSC Nairobi County office warning her not to publicly discuss issues facing teachers.

The idea that a teacher can pack her bags in the middle of the term and move 400 km away, ready to teach in three days, is nothing short of cruel. The move clearly disregards human nature, and the fact that teaching is, by its very essence, a profession of relationship. Teachers cannot take care of students’ minds and wellbeing when they themselves are anxious about their own wellbeing, and worse, when they are denied the freedom of thought and speech. The transfer communicates that the TSC does not care, and worse, it callously turns one teacher into a warning to other teachers.

Similar treatment of a teacher was witnessed in April this year. The media reported about a teacher, Magdalene Kimani, who trekked to a school 20km away for a number of days to administer national examinations. In reaction to this fairly innocent report, the county education office sent her a “show cause” letter, yet the report was initiated by the media rather than the other way round. The education officials were heartless to ignore the teacher’s 20km trek and then issue a threatening letter to her.

These two cases are just a microcosm of the harassment that Kenyan teachers endure under the TSC. For instance, the TSC has carried out massive transfers of teachers away from their home areas in a procedure called “delocalization”. In her appearance before the Senate, Nancy Macharia, the CEO of the TSC, justified the initiative affecting thousands of teachers as a move to encourage “national cohesion”. It is amazing that one can think that cohesion comes from displacing teachers, disrupting their families, and showing no care about what worried teachers mean for students. To make such moves that increase teachers’ anxiety during school unrest is insensitive and a symptom of bureaucratic hubris.

It should not surprise Kenyans, therefore, that this callousness is bound to show up in the schools and public spaces. Senior government officials display an amazing lack of emotional intelligence and sensitivity to ordinary professionals, and a seeming ignorance of the harm that their actions against juniors imply for the larger public. Teachers who are anxious and who feel disrespected cannot treat children with dignity and respond to the extra-ordinary circumstances of the children under their care. To expect otherwise, as the TSC seems to do, is the definition of either hubris or inhumanity.

Take, for instance, the forms that teachers have to fill in regularly. According to the TSC, teachers have to fill in 18 forms, but teachers say that the forms are more than that. The ludicrous CBC promise of paying attention to individual learners has meant that teachers fill in forms detailing the special learners in their class, the nature of the learners’ challenges, and the remedies that the teachers have taken to address those challenges. Teachers are also expected to file reports on how they have covered what KICD calls “strands” and “subs-strands”. Now that this is assessment season, teachers are also required by the Kenya National Examinations Council to assess students conducting group activities, but the assessments require the teacher to grade each individual student along six or seven measurements. This means that for one subject taught to one class of sixty students, a teacher is filling in 60 rows x 7 columns.

Senior government officials display an amazing lack of emotional intelligence and sensitivity to ordinary professionals.

The problem with this work is not simply the amount. It’s that the work is demeaning. Teachers are filling in paperwork about teaching rather than doing the actual teaching. In the language of the anthropologist David Graeber, this is the “bullshitization” of work caused by an increase in bureaucrats with nothing to do but supervise others. The point of these forms is not to improve teaching and learning, as the bureaucrats have deluded themselves. The point is control by people who spend their days in offices and do not understand the beauty and mystery of the human connection between teachers and children, nor the fact that that beauty and mystery cannot be translated into numerical measurements. By some perverse psychology, Graeber explains, work in the neoliberal era has meant an exponential increase in administrators who subsequently use bureaucratic tools to terrorize the people doing the actual work.

I do not use the word “terrorize” lightly. The word has been used by education scholars in their assessments of performance appraisal for teachers, including by the eminent British education sociologist Stephen J. Ball, in his well-cited journal article The Teacher’s Soul and the Terrors of Performativity. The nature of terror is to plant shame and fear in the individual, make the individual feel isolated and therefore incapable of changing anything about their condition. Terror is also characterized by a lack of predictability. And because the system is always incoherent and inconsistent, teachers can never tell where the attack will come from. No matter what the teacher does, the teacher is never good enough.

One teacher told me that with TPAD, teachers are told to rate themselves but not too much, and then punished for not achieving 100 per cent performance. The teacher put it this way: “During the introduction of TPAD, we were directed that we should not rate ourselves more than 80 per cent even when you know you have met the ‘targets’. During the recent interviews, those without evidence of it were disqualified.”

The point is control by people who spend their days in offices and do not understand the beauty and mystery of the human connection between teachers and children.

​Another tragically hilarious story was recounted in a letter to the editor of the Nation newspaper some years back. The letter, titled “TSC should listen to teachers’ voice on appraisal row”, read:

Back in 2010, quality assurance and standards personnel from the Ministry of Education visited the school I was teaching in then.

As a routine, they demanded to inspect teachers’ ‘tools of trade’, as they called them. These included schemes of work, records of work books, lesson notes and lesson plans and files containing learners’ progress reports, amongst many others. We complied. Only one member of staff had all these. The rest of us, in a staff of 27, including the principal, had one or more documents missing.

After perusal, we were given a lengthy lecture on how ‘lazy’ we had become, and that only one of us merited a recognition in a public forum, notably, the school’s Annual General Meeting, and that the institution would be posting better results were we to emulate our colleague.

After the exit of the QASO personnel, the entire staffroom burst into laughter. Months later, the teacher in question was transferred following complaints from parents and learners over his below par delivery and alcoholism.

This is an egregious story of how bureaucrats confuse measures and tools of work with the actual work itself. Humiliating teachers for not having submitted complete records is similar to judging a carpenter’s work not by the furniture but by the carpenter’s hammer. For the teacher, part of the torture of performance appraisal comes from the consciousness that the work that one is doing is barely a reflection of the real work of teaching. As the story shows, a teacher actually teaching in the classroom is unlikely to achieve perfect record keeping, and yet, it is the lack of record keeping that is used to judge the teacher as lax and incompetent.

As Ball explains, the goal of teacher appraisals is not the improvement of teaching, as education bureaucrats claim. The real goal is to capture the teacher’s soul. The demand for performativity seeks to change not what teachers do, but who the teachers are. It is a vicious power grab aimed at denying teachers the ability to make judgements based on their professional opinion, and at making the bureaucrats and managers, rather than the children in their classrooms, the main focus of teaching. This obsession is so acute in the TSC, that as the latest wave of school fires began a few weeks ago, teachers were simultaneously receiving text messages from their employer reminding them to meet the deadlines for their appraisals. In other words, our children are not a priority for the education bureaucrats. It is for this reason that many teachers have adopted the “teach and go home” philosophy. It even has an acronym: TAGH.

The common sense of cruelty

How is this cruelty so easily enforced without public resistance?

Part of what makes appraisals so difficult to resist is that they sound like common sense. The argument of the managerialists and politicians in support of appraisals goes something like this: Public education is useless and is failing our children (the Kenyan version is that it produces incompetent graduates). The problem is the teachers. To improve our education and make teachers work better, teachers need to be policed with appraisals or performance contracts, where their performance is measured by a score.

This logic is devilishly convincing when one has no personal experience of teaching. I have been studying performance management in education for a decade, and to this day, I still struggle with explaining why the system is abusive. The common sense character comes from Anglo-American billionaires and politicians whose power and access to the media allows them to spread the narrative of truant and incompetent teachers who are overpaid by the state and protected by permanent and pensionable terms (called “tenure” in the US). Teachers in the US, UK and Australia, among other English-speaking countries have gallantly resisted this attack, but their struggle has been rendered longer and harder by the fact that politicians and billionaires have used the media to poison the public’s opinion of teachers.

The demand for performativity seeks to change not what teachers do, but who the teachers are.

The demonization of teachers is, in reality, an effort to end job security for teachers and replace it with appraisals, or what American conservatives call “teacher accountability”. To avoid the political mess of firing teachers en masse, these haters of teachers call for more measurement of teachers’ work. They also advocate for drastic measures like shaming and firing teachers, and closing schools that do not meet “standards”, standards that are solely determined by students’ examination scores. Appraisal management is a large-scale and sanitized form of “constructive dismissal”, which is the technical term for workplace bullying, where a worker is deliberately mistreated so that they can quit. The tactics are working, because many teachers tell me that they want to quit.

Microsoft seems to be preparing for such a scenario where the number of trained teachers will be so insufficient that technology will have to do the teachers’ work. Microsoft came on my radar when one teacher wrote to me that part of the TSC’s regime of form-filling includes teachers uploading their notes on Microsoft. It appears that when the president attended the Global Partners for Education conference in London in August 2021, one of the events was to sign a deal with Microsoft whose goal was vaguely defined as “to enable the best use of technology to dramatically enhance learning.”

The article gives no details of what Microsoft intends to do with those notes, but one can legitimately worry that the point is to eventually use those notes to create lessons for which Microsoft will charge Kenyans, and probably without honouring the copyright of teachers. If such is the case, then the teaching profession is essentially a plantation in which the TSC is the foreman that terrorizes teachers to extract materials for foreign companies to exploit.

There is yet another common sense narrative to make us accommodate this potential exploitation, and this narrative came with CBC. It is the narrative of “individual talent” and “personalized learning”. When Kenyans hear it, they think the discussion is about a human teacher giving loving and individual attention to each child, when in fact, the corporates are talking about children learning from tablets and without teachers.

This hatred for teachers is not about education. It’s a cruel contempt for society and especially for the poor whom, the rich think, do not deserve a good education, least of all at public expense. Others suggest that it comes from contempt for teachers as people with expertise, and as members of unions that are still standing up against the casualization of labour. Rev. William J. Barber also mentioned another logic of this attack: “The reason they want to privatize education is because a lot of people who are greedy know that they can’t make as much money out in other markets now. So they want to come in and siphon off money from the government for their own personal pockets. Some of them don’t hate government; they just hate government money going to anybody but them.”

Whatever the case, the war against teachers and public education, which has a peculiarly Anglo-American character, is a war that has been waged against Kenyan public school teachers since 2010, led by the current president who was Finance Minister and Acting Education Minister then, and with the help of the British Government. As Nimi Hoffman details in her article, the DfID engaged British academics who used unethical means to push for a project that undermined teachers’ unions through hiring contract teachers on low pay. The project was piloted in Kakamega County and was rigorously resisted by the teachers’ unions.

It is for this reason that many teachers have adopted the philosophy of “teach and go home”.

The relentless effort to casualize teaching continued in April 2015, when the TSC announced the replacement of the punitive performance management system with a more “encouraging” appraisal system. The pilot project was funded by the World Bank, and the British Council funded the implementation of appraisals. To anticipate the resistance of the union officials, the then TSC chief executive officer Gabriel Lengoiboni reminded them that they had implicitly accepted the project when they participated in the benchmarking trip to Britain in 2014.

Education policy in Africa has largely been influenced in this way. Foreign governments offer trips abroad for teachers, and the familiarity disempowers teachers from questioning or opposing the policy being subtly pushed through this informal networking. Even the Bologna Process, largely responsible for the bureaucratization of Kenyan higher education, was entrenched through sponsored trips to Europe for African vice-chancellors and senior academics.

Truth is exposure

The way to end this intricate system of decadence in the school system is through public exposure. But education leaders in Kenya are notoriously secretive, fanatically hostile to self-examination and ironically, steadfastly resistant to public interrogation. Learning institutions muzzle teaching professionals despite academic freedom being guaranteed by the constitution. The Kenya Institute of Curriculum Development replaced the education system with competency but avoided any debate in the media about their choice. The TSC terrorizes teachers in the shadows and punishes teachers for any publicity in the media. In the universities, public debate is discouraged through an insidious rebuke of disagreement as “attacking people personally” and with calls for intervention from a third party to lead in reconciliation. Being a teacher in Kenya’s colonial school system is like living in a bad version of the movie “Stepford Wives”, where people are supposed to ignore reality and humanity and live in a fictional utopia.

There is little difference between this scenario and witchcraft. The defining characteristic of witchcraft is that actions happen in the shadows, supposedly with no human actors, as if brought about by the wind, with nobody to hold accountable. There is no one to name, no one to be held responsible. Education institutions maintain a stoic silence in the delusion that because education bureaucrats have blocked their ears and cannot hear alternative voices and visions of education, those alternatives do not exist.

The demonization of teachers is, in reality, an effort to end job security for teachers and replace it with appraisals, or what American conservatives call “teacher accountability”.

This is why we need a Truth and Justice Commission for education. We need a public forum where Kenyans are forced to hear all the participants in education, especially those who are the most vulnerable. It is time for Kenyans to stop listening to the disjointed stories of the media, the propaganda of the private sector, and the silence of educational institutions, and to construct for themselves a complete story that connects the dots between the brutality suffered by our children, the terror experienced by teachers, the deaf ears of education bureaucrats and the sadism of the Kenyan public. Our faith in the colonial education system is a national delusion that can only be cured by the truth.

In the immediate, TPAD and the litany of bureaucracy which the TSC imposes on teachers needs to be abolished. The TSC has no mandate, and no qualification, to be peeping into the classrooms and making pedagogical decisions. Despite its “Commission”, tag the TSC’s role is mainly human resource clerical work. If the TSC officers want to enjoy the dignity of teaching, they are welcome to join us in the classroom. As they know, there are not enough teachers, and moving with their salaries to the classroom would save the country some money for hiring teachers. Likewise, the yearly assessments of the Kenya National Examination Council need to be done away with. With the introduction of CBC, the KICD promised Kenyans the end of exam obsession. It is ridiculous that CBC is now increasing yearly assessments all the way down to primary school. And Martha Omollo’s transfer should be reversed. The remedial measures should be guided by this simple principle: our children deserve to be taught by adults who are free in thinking, creative in teaching, and caring in interaction.

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Prebendal Politics and Transition to Democracy in Somalia

The Somali political space is a marketplace that does not allow for free and fair elections and diminishes the credibility and legitimacy of the electoral process, hindering the emergence of democracy in Somalia.

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Government should belong to the people, be for the people and by the people. This is the democratic ideal borne out of man’s innate desire for good governance, societal stability, and development. Credible elections are the hub around which the practice of ideal and sustainable democracy revolves.

As such, it is closely tied to the growth and development of democratic political order. To realise this democratic ideal, however, electing people to participate in government should be freely and fairly done to allow for the right choice of the electorates to emerge. The elections process is the only means of guaranteeing the credibility and sanctity of democratic practice. The election becomes a crucial point in the continuum of democratisation and an imperative means of giving voice to the people’s will, which is the basis of government authority.

Fundamentally, democratic development involves the practice and sustainability of regular, credible electoral conducts and processes. In fact, one of the cardinal features of democratic practice is the conduct of credible, free and fair elections. Therefore, the cardinal issue in a democratic polity could viewed as the method of selecting people who govern at any point in time.

Indirect election

Conducting elections in fragile countries like Somalia cannot be an easy task by any yardstick. Conducting free and fair elections in such a polity, that gives the victor free reign to grab resources, is a much more difficult assignment the success of which even angels cannot guarantee. This is in large part because of the insecurity, political infighting amongst the elites, endemic corruption and the threat from Al-Shabaab. The militant group has historically made it difficult to hold elections in Somalia by threatening to attack polling places.

To minimize concerns about Al-Shabaab disrupting elections, Somali political leaders and their international allies have supported a narrow voting process based on a power-sharing formula between clans, rather than a popular vote (universal suffrage is still a distant dream for the country) and adopted the electoral college model. In the model, elders are selected from across the diverse clans and they, in turn, nominate or elect parliamentarians, who in turn elect the president. Initially, one elder from each clan picked one member of parliament (MP), but this has now changed to an electoral college system. In this system, each clan still appoints one member of parliament, but instead of one person deciding, each clan picks 51 of its members to vote for that clan’s one representative in the lower house of parliament as happened in 2016/17 indirect election.

Since early 2000, Somalia has had four indirect national elections and witnessed a peaceful transfer of power from one civilian to another. In 2012, 135 traditional clan elders elected members of parliament, who in turn elected their speakers and the federal president. In 2016, elections were conducted in one location in each federal member state. The 135 traditional clan elders also selected the members of the 275 electoral colleges made up of 51 delegates per seat, constituting the total college of 14,025. On the other hand, the senate (upper house) members were nominated by the federal member state presidents, while the federal member state parliament selected the final members of the upper house.

The ongoing (2020/21) election mirrors the 2016 exercise but has expanded the number of delegates involved in the lower house (electoral collegeElectoral College) from 51 to 101 delegates. This expansion raised the number of participants in the lower house election from 14,025 to 27,775—a notable growth in suffrage. Furthermore, the September 2020 agreement increased the number of voting centres per member state from one to two. It also established federal and state election commissions to oversee the polls. However, elections in Somalia have lacked the basic ingredients of democratic elections as most Somalis are not included in the voting. The elections have also been characterised by pervasive corruption and widespread electoral fraud.

It is common knowledge in Somalia that running in an election and winning requires not only political clout but also a lot of money. An aspiring politician needs the help of a well-heeled or well-grounded politician or a money bag to bankroll their political campaign to see success in such an endeavour. This is mainly because taking political office in Somalia has come to be seen primarily as a means of enrichment and of gaining influence, and not as an opportunity to serve the people.

Somali elites and prospective parliamentarians receive campaign funding from both internal and external actors. External actors include neighbouring countries such as Kenya and Ethiopia, Gulf countries and Western allies. On the other hand, internally, the key powerbrokers are the elites who have captured states and regions, and particularly those who had mastered the art of obtaining contracts during the war; they have built business empires in the import/export sectors, construction and rebuilding, clearance and customs and are now playing a critical role in politics.

The cost of democracy 

In the electoral collegeElectoral College system, the price of votes ranges from US$5,000 to US$30,000, with politics at the local and national levels recognised to have become increasingly monetised over time. Some candidates are said to have offered bribes of up to US$1.3 million to secure votes. Jeffrey Gentlemen reports that in 2012 former President Hassan Sheikh Mohamud gave several clan elders a US$5,000 bribe each to influence the choice of their clan’s representatives in Parliament.

The 2012 parliamentary and presidential elections that brought Hassan Sheikh to power had little legitimacy, and they were criticised as the most fraudulent in Somalia’s history. Hassan Sheikh was elected as President, backed by the Qatari Government with money brought to Mogadishu by Farah Abdulkadir (a former Minister of Justice and Constitutional Affairs), and business and political allies in Mogadishu. The various processes and elections to put together the leadership of the federal member states were also marred by high levels of corruption and intimidation.

Taking political office in Somalia has come to be seen primarily as a means of enrichment and of gaining influence, and not as an opportunity to serve the people.

The 2016/17 federal election involved a significant amount of money. Farmaajo’s win surprised most observers, and Somali analysts estimate that at least US$20 million changed hands during the parliamentary elections that culminated in the presidential election. Farmaajo’s supporters had hoped that he could be the answer to corruption and extremism in Somalia, but he too succumbed to corruption. He is believed to have influenced elections in the federal member states using money and coercion. During Farmaajo’s time in office corruption worsened and security deteriorated.

Between 2017 and 2021, elections were held across the federal member states that optimised the defining features of prebend, the salience of clan identity, and the pervasive use of violence and money. In Puntland, incumbent President Said Abdullahi Dani narrowly won the election after carefully crafting an alliance of two clan-based interests, The Saleban Clans.  An estimated US$15 million changed hands in the week before the election, with all candidates using money to buy support.

In Galmudug, FGS employed the Somalia National Army (SNA) and Ethiopian military support to restrict opposition figures and elders access to voting centres. The FGS was able to disarm Ahla Sunna Wal Jamma using financial incentives. Eventually, Ahmed Abdi Kaariye, also known as Qoor, won the election with the support of the federal government.

In the Hirshabelle election, the FGS spent more than US$1.2 million to secure the election of the Hirshabelle president. Former Al-Shabaab leader Mukhtar Robow was the running favourite in the South-West State elections. Robow is from an influential Leysan sub-clan (one of the largest in South-west State) with a loyal clan militia, and he was considered widely popular among the broader population. He reportedly refused a significant financial pay-off not to take part in the election and was duly arrested by Ethiopian forces acting on behalf of the federal government before the election itself.

The arrest of Mukhtar Robow and the blatant intervention of Ethiopian forces on behalf of the federal government led to a demonstration and a reported 15 deaths. A critical statement by Nicholas Haysom, Special Representative of the U.N. Secretary-General, in which he raised questions over allegations of abuses by forces loyal to the federal government saw him declared persona non grata.

The long-delayed parliamentary and presidential election was supposed to offer Somalis universal suffrage. However, given the security and logistical challenges of conducting an election in Somalia, as mentioned previously, Somalis opted for indirect election, and so far, the election of members of the senate has been concluded. It is commendable that the majority of senators have been elected by the FMS state legislature in accordance with the electoral model adopted on 17 September. However, the senate election was marred by foul play where FMS presidents and elites pre-determined the winners of every seat, contrary to the agreements and the national interest. The cases of corruption were widely reported; bribes were given to the state legislatures by aspiring senators and their sponsors, including federal and regional executives.

The election for the lower house has just started. Each of the 275 members of the lower house will be elected by an electoral college of 101 clan elders and civil society, determined through the collaboration of the FMS authorities, clan elders and civil society. Nonetheless, the lack of criteria by which the members of civil society and clan elders will be selected has created great concern among the public. It is widely believed that the federal member state presidents have the upper hand in the process, as they also play a role in determining clan elders and civil society. Corruption and vote buying are widespread in all regions; prospective parliamentarians are buying votes.

Abdi Malik Abdullahi tweeted, “2021 electoral process in Somalia is commercialised and sham.” On her part, Hodan Ali tweeted, “Somali politicians poised to spend 10s of millions of dollars on election rigging/buying while millions face killer drought conditions across the country.” Nadeef shared similar view. He noted, “I have realised that Somali leaders are not trying to fix any of our problems. They are trying to make enough money and get enough power so that problems that affect us don’t reach them.”

Given the foregoing, it is clear that taking political office is perceived more as a means to personal economic advancement. This, no doubt, intensifies the unhealthy rivalry and competition for political office that triggers corruption, election rigging, violent conflicts and even coups. In recent years, those seeking power have included prominent scholars coming from all corners of the world to seek elective office on the strength of the size of their pocket. Indeed, the Somali political space is a marketplace that does not allow for free and fair elections and diminishes the credibility and legitimacy of the electoral process, hindering the emergence of democracy in Somalia.

External Influence 

In both Somalia and the West, these influences are believed to be coming from five or six Middle Eastern and African countries with various interests in Somalia. These countries include Turkey, Qatar, the United Arab Emirates (UAE), Ethiopia, Kenya, Egypt, and Sudan. They have been increasingly involved in providing the political elites with campaign money to secure their specific objectives such as access to oil, port and airport development projects, and other business opportunities. Turkey has financial and infrastructure interests in Somalia, including significant investment in the Mogadishu airport. Qatar is a supporter of the Muslim Brotherhood and wishes to see its regional influence expand in East Africa. The United Arab Emirates opposes the Muslim Brotherhood, and may therefore be acting to counteract Qatari influence in East Africa.

Corruption and vote buying are widespread in all regions; prospective parliamentarians are buying votes.

The Gulf crisis has made Somalia a proxy ground for strategic rivalries across the wider region. Qatar and Turkey have supported the last two presidents. Under Farmaajo’s presidency, the UAE supported federal member states and their oppositions, enhancing the bargaining power of federal member state elites in the political marketplace. The UAE is reported to have made payments to parliamentarians and has directed considerable investment towards Puntland, Somaliland and Galmudug. The UAE has also maintained its corporate interests in port development and strategic infrastructure in Berbera, Bossaso and Hobyo.

On the other hand, maritime disputes between Kenya and Somalia have raised Kenya’s involvement profile. FGS has accused Kenya of supporting Jubaland president Ahmed Madobe against the federal government. Ethiopia remains one of the most influential actors in Somalia and since the election of Abiy Ahmed in 2018, the country has taken a much stronger position in supporting the federal government.

Domestic dynamics

Internal actors including clan elders, political entrepreneurs, conglomerates and technocrats are entangled in a web of political clientelism, kickbacks and redistribution, and debt relations. The federal formula has shaped elite political competition around access to external rents in Somalia.

In recent years, those seeking power have included prominent scholars coming from all corners of the world to seek elective office on the strength of the size of their pocket.

These actors use territorial control, access to strategic infrastructure and foreign exchange to protect their ill-gotten assets and to secure new opportunities. These businesses cope with containing cost and risk by stashing wealth abroad and by avoiding growth to circumvent the attention of governance providers and armed actors who may wish to extract or take a stake in an expanding business.

Consequences of state capture by elites and external actors

The consequences of corruption will be far-reaching. Donors will expect to call the shots after an election. This will constitute a cog in the wheel of progress of such a political entity, with outside forces dictating the direction politics and development will take. It may become difficult for the Somali government to act in the interests of the Somali people rather than those of foreign capital since the occupants of political office will owe allegiance to the money bag (the godfather) rather than the state.

It has become increasingly clear that the main incentive for joining politics in Somalia has become prebendal as the issues of democratic ideals and political ideology are relegated to the background. Ideally, ideology serves as a guide to an individual politician and to a political party’s development initiatives, policies, programmes and actions. This is because a political leadership that emerges without ideology will lack development focus and discipline and not be subject to the rule of law.

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Agricultural Productivity as Performance: A Tale of Two Mozambican Corridors

Agricultural corridors in Mozambique emerge when international funders and investors, national elites, local bureaucrats and smallholder farmers overstate the success of agricultural projects.

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Agricultural Productivity as Performance: A Tale of Two Mozambican Corridors
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In what is now remembered as the Great Leap Forward, 15 to 55 million people died of starvation in Mao Zedong’s China. Decreeing increased efforts to multiply grain yields, Chairman Mao unleashed panic in rural China, and local officials, fearful of the national government, competed to fulfil (or over-fulfil) quotas based on Mao’s exaggerated claims, collecting “surpluses” that in fact did not exist and leaving farmers to starve as a result.

The Great Leap Forward took place between 1958 and 1962. Such schemes ostensibly aimed at improving the human condition and which end up in epic failure, as observed by James C. Scott, have reoccurred throughout history.

Other examples may not have led to a widespread loss of life as happened in mid-twentieth century China, but they have certainly produced hybrid and rather unpredictable outcomes.  An agricultural campaign with similar objectives as the Great Leap Forward was adopted by the Mozambican government for the year 2018/19.

It rallied smallholder farmers to increase production and productivity under the motto, “Mozambique Increasing Production and Productivity Towards Zero Hunger”. In the end, Mozambican farmers were unable to significantly increase production.

They had faced a number of challenges: limited access to credit, fertilizer, farm inputs, and feeder roads, and thus to markets. Which is to say, without easy access to markets, any surplus the farmers had produced was wasted before it even got to market.

What is more important to consider is the fact that this failure to increase the productivity of rural farmers in Mozambique had occurred at the same time as the government had put in place measures to commercialise agriculture along two important transport corridors located in its central and northern regions, that is, the Beira and Nacala agricultural corridors. The Mozambican government had been mobilizing international capital over a decade or so, in order to build and renovate transport infrastructure with the aim of commercialising agriculture along the corridors.

Despite attracting some capital and infusion of technology, capital flows and technological transfers were generally unpredictable as they largely depended on the intervention of multiple actors and the dynamics of the global economy and global commodity prices. Adding to the lack of the much-needed infrastructure was the absence of Mozambican capital, as the banking system in Mozambique was unwilling to take the risks that come with financing agriculture. Investments in agriculture normally take 5-10 years to show visible returns, and Mozambican investors cannot afford to wait that long.

Additional challenges to the implementation of the Beira and Nacala agricultural corridors were related to national and local politics. On the one hand, the armed confrontation between government forces and the armed branch of the major political party in the opposition, Renamo, which affected parts of Sofala and Nampula provinces between 2013 and 2016, had led to a reduction of investments, disrupting the flows of existing businesses. Also, agricultural corridors, in particular the Nacala corridor, tend to generate anxiety over land, leading to continuous debates and campaigns over “land grabbing” and land titling. As a result, both the Beira and Nacala agricultural corridors faced significant challenges in their implementation.

Investments in agriculture normally take 5-10 years to show visible returns, and Mozambican investors cannot afford to wait that long.

The vision of their blueprints, that is, of interlinked agricultural activities – that would have stretched from the cities of Beira and Nacala on the Indian Ocean up to Mozambique’s land-locked neighbours, Zimbabwe, Zambia and Malawi – is yet to materialize. Despite the fact that such a grand vision is yet to materialize – if at all it will – this piece highlights its material consequences on the ground.

As a recently published special issue of the Journal of Eastern African Studies on growth corridors has shown, a careful examination of the planning, implementation and effects of agricultural corridors suggests that they often generate anxiety over land, and potential environmental impacts, and reconfigure power dynamics between international capital, local elites, bureaucrats and smallholder farmers – whether or not their official objectives are achieved.

By focusing on the practices of international investors, national elites, local bureaucrats and project beneficiaries, this research has suggested that, in order to attract capital, selected regions for development projects must dramatize their potential as places for investment, carefully selecting project locations and participants who will make compromises so as to conceal failure, virtually guaranteeing that the programme will be declared a success when the time comes for evaluation. These performances of success require the participation of a constellation of actors in order to be effective.

Along the Beira and Nacala agricultural corridors of Mozambique, there has been a widespread trend where international funders and investors, national elites, local bureaucrats and smallholder farmers collude in performing agricultural success, not only to attract the much-needed international capital, but in ways that bring the largely non-existent corridors to life. Agricultural corridors in Mozambique, in this sense, emerge on those occasions when international funders and investors, national elites, local bureaucrats and smallholder farmers overstate the success of agricultural projects – much like Chinese local officials did in the early 1960s. Below are two examples worth considering.

The tomato processing plant that never was

The administrative post of Tica in Nhamatanda District – along the Beira agricultural corridor – is famous for its abundant production of tomatoes. They are often left to rot when farmers are not able to sell all their produce.

In the local media, talk of building a tomato processing plant in Tica can be traced back to 2009, when a local entrepreneur reportedly received about US$33,000 from the Nhamatanda District Development Fund to build a tomato processing plant in order to capitalize on the district’s agricultural potential. In some of the media accounts, the processing plant was presented as if it already existed, running and fulfilling its promise to absorb the horticultural produce of farmers along the Beira agricultural corridor.

In 2013, a daily newspaper Notícias, published a news piece with the title, Processing plant created in Nhamatanda. The content of the news was based on an interview with the then district administrator of Nhamatanda, who said that a building plot had been located for the construction of the processing plant, and that a public tender for constructors had been announced and bids were awaited. He stated that the building would be completed by December 2013, and that equipment would be installed by February 2014.

There has been a widespread trend where international funders and investors, national elites, local bureaucrats and smallholder farmers collude in performing agricultural success.

In April 2015, another headline by the Voice of America read, Tomato processing plant changes the lives of producers in Tica. This story was based on two women who had been making a living for over 12 years selling tomatoes at a small agricultural market. This time the district administrator was announcing that the building was going to be completed by May 2015. In February 2018, another headline announced, This year Nhamatanda is going to process tomato, in an article where a district administrator was boasting of the 200,000-tonnes capacity of the future processing plant, advising local farmers to get ready to “produce a lot” since there was going to be a company to buy their produce.

When I visited the factory in March 2018, the building was not equipped. In a follow-up visit three months later, the main building of the processing plant was closed; a small agricultural inputs shop was operating from the security booth. The main building had caught fire at some point, and was closed pending repairs. The situation on the ground was in stark contrast to what district officials had been telling visiting researchers and journalists.

Ideas such as the introduction of financial services or the provision of technical assistance and tillage services are attractive, not only to farmers, but also to international donors and investors, but at the time the success of the tomato processing plant in Tica was being widely touted in the media, most of these plans were yet to materialize. The fire did indeed put an abrupt end to the brief lifespan of the plant, but the expectation of agricultural commercialisation that the plant had generated in the region long before it began operating exemplified the extent to which local officials were willing to create a narrative of success around a project in anticipation of, or as a means of attracting the much needed but seriously lacking investment capital.

A very important agribusiness fair 

On 7 and 8 July 2018, an agribusiness fair took place at the municipal soccer field of Ribáuè in Nampula province along the Nacala agricultural corridor. The fair was entitled Nakosso Agribusiness Fair: Facilitating Access to Markets, and was the first of a series of five fairs to be organized in northern Mozambique by a private company working in partnership with the Swiss Agency for Development and Cooperation. The fair was an important event in the calendar. The provincial governor opened it in a ceremony that was also attended by the Ministers of Agriculture and Rural Development, and by the Minister of Industry and Commerce.

The fair had stands showing various products by local farmers’ associations, whose work is often done with the support of district extension officers, and through a number of NGO-supported projects. As the visiting dignitaries went from one exhibition stand to another, the interaction with exhibitors was punctuated by questions, compliments and suggestions for improvement. The opening ceremony ended with the provincial governor’s speech, where he congratulated the exhibitors and encouraged them to continue the good work.

The events that took place during the fair, including the governor’s speech, were disseminated across the district through local radio station news programmes by the end of the day and the following morning they featured in the provincial news broadcast – a local feat.

The processing plant was presented as if it already existed, running and fulfilling its promise to absorb the horticultural produce of farmers along the Beira agricultural corridor.

In many ways, the fair represented the desired agricultural life in the district, showcasing products and opportunities for smallholder, medium and large-scale farmers in the production and commercialization processes – financial institutions, input providers and dealers, extension officers, successful smallholder farmers and large commercial farms were all brought together at the fair in a performance of agricultural success.

While district statistics point to the growth in local production and productivity in the past three years, the fair is especially effective as a field to demonstrate agricultural productivity all throughout the corridor, giving materiality to the corridor as a result, and enlisting a network of actors in the project of corridor making. In other words, the example of the fair illustrates how such events can provide occasions for the demonstration of success, and the creation of an ideal vision for the agricultural corridor. In Mozambique, the significance of agricultural fairs is perhaps best exemplified by the fact that they form a distinctive feature in the agenda of visiting high-level dignitaries, from the president of the republic, to provincial governors and ministers.

Despite the fact that on some occasions visiting dignitaries have questioned the blatant exhibition of produce brought in from other areas – in ways similar to the deception adopted by local officials in 1960s China – the fair is presented as a sample of agricultural developments already taking place in other areas covered by the corridor, especially given the efforts local officials put into achieving some kind of geographical representation of exhibitors. Finally, the fair also provides an opportunity for a pedagogy, through the celebration of cases of success that should be seen as models to be followed by other actors, in particular smallholder farmers.

In Mozambique, the significance of agricultural fairs is perhaps best exemplified by the fact that they form a distinctive feature in the agenda of visiting high-level dignitaries.

The idea of the corridor, whether the corridor existed or not, was in Mozambique, producing material effects on the ground.

The lesson

Without actual investments and infrastructure, blueprints, visions and policies for agricultural commercialisation in Mozambique come to be, or are given visibility, only when specific agricultural projects within the geographical location of the corridor are presented as successful.

At these events, complex entanglements emerge, exemplifying the everyday work of international funders and investors, national elites, local bureaucrats, and smallholder farmers, as they all perform project success on different occasions. Meanwhile, agricultural commercialisation, within the identified corridor region, remains low.

The lesson from these examples is that whether or not they achieve their official objectives – often to increase productivity and lift people out of poverty – development plans, visions and blueprints have material consequences.

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