Connect with us

Politics

FIGHTING THE GOOD FIGHT: Nonviolent Options and Just Peace

Published

on

Download PDFPrint Article

(Keynote Address delivered to the University of San Diego Conference: The Catholic Church Moves Towards Nonviolence? Just Peace Just War in Dialogue on October 6, 2107)

Thank you. I’m honored to be amongst so many great scholars, theologians (including Cardinal Turkson and Bishop McElroy) activists, peacebuilders, policymakers and military officers. Thank you to University of San Diego, the Kroc Institute for Peace and Justice, and the Harpst Center for Catholic Thought and Culture for organizing this conference on Just War Just Peace in Dialogue – I can’t think of a better topic for a civil-military conversation. I would like to applaud the members the Catholic Nonviolence Initiative – there are many in this room – for helping to bolster the Church’s thought leadership and practical investment in alternatives to war and violence. Special thanks to Cardinal Turkson for presiding over last April’s Rome conference on Nonviolence and Just Peace, and for being such a tireless proponent of human rights, dignity, and a world without violence.

Tonight I will focus on the power and potential of nonviolent options to prevent, mitigate, and transform violent conflict and advance sustainable peace. I will offer evidence backing the efficacy of these nonviolent options and offer some practical ways the Catholic Church, along with its governmental, military, inter-faith, and non-governmental allies, can strengthen them.

But first, let me share a couple of stories about what brought me to this work and has kept me inspired and hopeful ever since.

Pope John VI famously said, “If you want peace, work for justice.”

I grew up in southern Vermont and my family often attended mass at the Weston Priory, where a hearty group of Benedictine monks live, farm, sing and celebrate the Gospel. Masses take place in a barn overlooking the Green Mountains. The monks welcome everyone – from all faiths, religions, and walks of life – to join in the celebration. The Priory has a great gift shop. After mass I would make a beeline for the books section, which is where I began to collect biographies of Mahatma Gandhi and Dorothy Day, along with books about nonviolent resistance and radical peacemaking. These books introduced me to Oscar Romero, Dolores Huerta, and the Catholic Workers, who became my s/heroes. Somehow my Mom always ended up paying for the books.

Pope John VI famously said, “If you want peace, work for justice.”

After high school I was involved in grassroots restorative justice work. I lived and worked at the Rutland Dismas House, a transitional home for former prisoners and college students. The Dismas motto, “reconciling former prisoners with society and society with former prisoners”, is animated by a community support structure for those transitioning from prison. I observed how members of the community – including those who had initially opposed Dismas House being in their back yard – mobilized to provide home-cooked meals to the residents, offered them jobs, and gave them support. Dismas House has been highly successful: my Dad tells me that the recidivism rate for its residents is about 15 percent, compared to 70 percent nationally – and at less than a third of the cost of incarceration.

Later I had my first rendezvous with the Jesuits at Boston College, where “service to others” is a campus creed. I studied political science and lived in France and Germany while researching European integration, one of the world’s greatest peacebuilding projects. After starting grad school at the Fletcher School of Law and Diplomacy, I attended a Boston film screening of A Force More Powerful, a documentary film about six highly consequential nonviolent struggles. The film highlighted how unarmed civilians stared down the British empire in India, confronted Nazis in Denmark, fought apartheid in South Africa, removed dictators in Chile and Poland, and dismantled Jim Crow in the US using strikes, boycotts, demonstrations, sit-ins, and other forms of nonviolent direct action.

The film was inspiring. I decided to focus my PhD research on the strategic dimensions of nonviolent resistance in self-determination movements. The International Security Studies departments at Fletcher and the Harvard Belfer Center were my strongest backers. Meanwhile, West Point and the Army, Navy, and Air Force war colleges invited me to come talk about civil resistance as a form of nonviolent power and a functional alternative to violence. I attended the Summer Workshop on the Analysis of Military Operations and Strategies (aka “war camp”) and was that “interesting” person talking about people power.

In 2006 while working at the International Center on Nonviolent Conflict, I met Erica Chenoweth – a fellow political scientist and quantitative guru – at a conference in Colorado. She was skeptical about the effectiveness of nonviolent resistance. So were a lot of people, who insisted that nonviolent resistance could “work” but only under certain favorable conditions. In tough contexts, like violent dictatorships, the prevailing wisdom was that violence stood a better chance. Erica and I decided to test these assumptions, by systematically comparing the effectiveness of violent and nonviolent resistance. For the next couple of years we collected data on all known major violent and nonviolent campaigns from 1900-2006. These were campaigns challenging incumbent regimes and vying for territorial self-determination.

During this book-writing time I was in Kabul, Afghanistan with the State Department, at the peak period of insurgency. Occasionally, on nights and Sundays while chapter editing in my hootch, a “duck and cover” siren, signaling incoming rockets or mortar, would interrupt the effort.

After collecting data on 323 major violent and nonviolent campaigns, each with at least 1000 observed participants, we arrived at a surprising conclusion. The nonviolent campaigns were twice as successful as armed insurgencies. They achieved their goals 53% of the time compared to 26% for violent campaigns, a percentage that has remained basically the same through 2015. (“Success” was defined as removal of the incumbent regime or territorial independence.) While there has been a slight dip in the overall effectiveness of nonviolent campaigns recently, violent insurgencies have become even less effective.

Why has civil resistance so dramatically out-performed armed struggle? We found that the most important variable determining the outcome was the size and diversity of participation. Nonviolent campaigns attract on average 11 times the level of participants as the average violent campaign. The moral, physical, informational, and commitment barriers to participation are much lower for nonviolent resistance compared to armed struggle. Whereas armed insurgencies often rely on a relatively small group of young, able-bodied men, nonviolent campaigns attract women and men, youth and elderly, able-bodied and disabled, rich and poor.

She was skeptical about the effectiveness of nonviolent resistance. So were a lot of people, who insisted that nonviolent resistance could “work” but only under certain favorable conditions. In tough contexts, like violent dictatorships, the prevailing wisdom was that violence stood a better chance.

One reason is that the number and range of tactics available to nonviolent resistors is huge. Gene Sharp catalogued 198 methods of nonviolent action in 1973. That number has vastly expanded as the creative limits of the imagination have expanded. Power is fluid and ultimately flows from the consent and cooperation of ordinary people. When large and diverse groups of people remove their consent and cooperation from an oppressive regime or system of power using tactics like boycotts, strikes, and civil disobedience, no ruler, no matter how brutal, can stay in power. Members of security forces (army and police) are also significantly more likely to defect, or to disobey regime orders to use repression, when confronted with large numbers of nonviolent resistors, compared to armed insurgents. When security forces defect, as they did in the Philippines, Serbia, Ukraine, and Tunisia, this is often a decisive variable.

We found that the chances of success are higher when groups maintain nonviolent discipline in the face of repression, when they creatively alternate between methods of concentration (like sit-ins and demonstrations) and methods of dispersion (like consumer boycotts and stayaways) and when they invest in decentralized leadership.

Nonviolent campaigns also contribute to more democratic and peaceful societies. Less than 4 percent of armed rebel victories result in a country becoming democratic within five years. A Congolese bishop reinforced that point to me recently. He counted off the number of insurgent leaders in his country and across the continent who had led successful armed struggles, then became even more tyrannical than their predecessors. On the other hand, the skills associated with nonviolent organizing, negotiating differences, building coalitions, and collective action reinforce democratic norms and behaviors. And they tend to produce more peaceful societies.

Nonviolent civil resistance, then, is a functional alternative to violence with both short and longer-term positive effects. It is a particularly powerful nonviolent channel for marginalized or oppressed people to challenge systems of power – whether they are exploitative corporations, dictatorships, or institutionalized racism – and build more inclusive, just societies.

Pope Francis, in his 2017 World Day of Peace address, a monumental document, noted that “momentous change in the lives of people, nations and states had come about ‘by means of peaceful protest, using only the weapons of truth and justice.”

The Church has played a pivotal role in some of the most significant nonviolent struggles in history. Many will recall the iconic image of the Filipino religious sisters, confronting military forces and a kleptocratic Marcos dictatorship in prayerful resistance during the 1986 “people power” revolution. Across the Philippines priests and nuns, in partnership with the International Fellowship of Reconciliation, trained their communities in nonviolence and nonviolent action. Cardinal Jamie Sin attended one of these workshops. He later joined the Catholic Bishops’ Conference of the Philippines in calling for a “nonviolent struggle for justice”, using Radio Veritas to amplify the message. This preparation, combined with an election-monitoring mission led by local religious leaders, paved the way to Marcos’ nonviolent ouster. Today, Filipino religious leaders, facing another violent dictator, are once again engaged in nonviolent activism.

The nonviolent campaigns were twice as successful as armed insurgencies. They achieved their goals 53% of the time compared to 26% for violent campaigns, a percentage that has remained basically the same through 2015.

During the Polish Solidarity movement in the 1980s, Pope John Paul II, with local priests and nuns, famously stood shoulder-to-shoulder with the worker-led movement that challenged Communist tyranny with nonviolent resistance. Archbishop Oscar Romero of El Salvador was martyred for showing solidarity with campesinos and other victims of junta brutality. In the US, 4 feisty religious women have taken to the buses and streets to give voice to the poor and undocumented; they have animated Laudato Si through direct action to protect the environment.

I am often asked: what about cases of genocide, ethnic cleansing, or violent extremism? What about protecting innocent people? What are the nonviolent options in these cases?

First, I don’t come at this topic from a pacifist perspective. I’m the first to admit that nonviolent action has not always worked. At the same time, there is little evidence to suggest that armed resistance would have done any better in places where nonviolent resistance failed. Military interventions on humanitarian grounds, as in cases like Rwanda or the protection of Yazidis in Iraq, may save lives in certain cases. But, practically speaking, mustering the political will to support military intervention on Responsibility to Protect (R2P) grounds has become so difficult that it is strategically imperative to develop alternatives.

The second point is that most mass atrocities historically have occurred in the context of armed struggles and civil wars. Very rarely are large numbers of unarmed civilians killed while engaged in mass nonviolent campaigns. New research by Erica Chenoweth and Evan Perkoski found that nonviolent resistance can even decrease the likelihood of mass atrocities. Not surprisingly, armed movements with foreign support are much more likely to elicit mass killings.

It is also worth mentioning that while the WWII ultimately brought the end to the Nazi regime, civil resistance and nonviolent noncooperation saved thousands of lives. Jacques Semelin, in his book, Unarmed Against Hitler, chronicles a number of these examples, including the case of German Aryan women who protected their Jewish husbands from concentration camps through sustained protests outside the SS headquarters in Berlin.

Power is fluid and ultimately flows from the consent and cooperation of ordinary people. When large and diverse groups of people remove their consent and cooperation from an oppressive regime or system of power using tactics like boycotts, strikes, and civil disobedience, no ruler, no matter how brutal, can stay in power.

Nonviolent protests and other forms of collective action have won tactical concessions from extremist groups like ISIS in Iraq and Syria and al Shabaab in East Africa. For example, women’s led protests outside an ISIS headquarters in Raqqa, Syria, led to the release of political activists in 2014. Two years ago in northeastern Kenya, fighters from the al-Shabaab terrorist group ambushed a bus filled with women. The fighters demanded that the Muslim and Christian women separate, a tactic they’d used in the past before slaughtering the Christians. The Muslim women refused to separate, and shielded the Christian women. They said: “You will kill us all or leave us alone.” Their collective stubbornness worked – the al Shabaab fighters left without anyone on the bus being killed.

Oliver Kaplan recently released a book, Resisting War: How Civilians Protect Themselves, which analyzes how unarmed civilians have influenced the behaviors of state and non-state armed groups in civil war contexts. He examines cases in Colombia, with extensions to Afghanistan, Pakistan, Syria, and the Philippines. The study shows how unarmed civilians self-organized and created autonomous, resilient institutions. They carved out peace zones, prevented extra-judicial killings, and deterred violence targeting civilians.

These findings have important implications for the Church and other external actors seeking to prevent mass atrocities. They suggest that supporting local self-organizing and collective action in the midst of violent conflict can help save lives.

There are other ways to deter violence and human rights abuses in conflict zones. Unarmed civilian protection, which is the use of unarmed civilians to do ‘peacekeeping’, has had 5 demonstrable successes. Nonviolent Peaceforce, Christian Peacemakers Teams, Peace Brigades International and Operation Dove have led civilian peacekeeping missions in South Sudan, Sri Lanka, Colombia, Guatemala, the Philippines, Indonesia, Israel-Palestine, and elsewhere. Evaluations of unarmed civilian protection reveal that this activity has saved lives, changed the behavior of armed groups, and made local peace and human rights work more possible.

The UN High Level Independent Panel on UN Peace Operations stated: “unarmed strategies must be at the forefront of UN efforts to protect civilians.” Strategically it makes sense for major military powers, including the United States, to invest in UCP programs as an effective and less costly form of peacekeeping.

Of course, it goes without saying that if you want to prevent mass atrocities, you prevent war. Prevention demands investment, and right now the levels of US and global investment in violence prevention are infinitesimally small compared to the sums dedicated to war fighting. Practically, prevention means supporting inclusive and participatory economic and political processes (recall that institutionalized discrimination against Iraqi Sunnis contributed to the rise and spread of ISIS). It means fostering dialogue and trust between communities and police (justice and security dialogues have done just that in Nepal and Burkina Faso). It means using diplomatic, military, and trade levers to challenge crackdowns on civic space and human rights violations (security force abuses in northern Nigeria fueled the rise of Boko Haram).

Nonviolent campaigns also contribute to more democratic and peaceful societies. Less than 4% of armed rebel victories result in a country becoming democratic within five years.

In the area of violence prevention, our U.S. military colleagues can make particularly valuable contributions. When military leaders, who have been strong proponents of the work of the United States Institute of Peace (USIP), demand greater investment in non-military solutions, when they point out the gross under-resourcing of diplomacy and development – when compared to military hardware and train-and-equip programs – it makes a difference. Military advocacy on Capitol Hill and in the private sector for massively increased investment in violence prevention and peacebuilding is a concrete way to advance just peace around the world.

Relatedly, enlightened military leadership understands that corrupt, undisciplined, rights-violating security forces are unreliable partners. Their practices fuel insurgencies and violent extremism. There is a smart guide written by Admiral Dennis Blair, called Military Engagement: How Armed Forces Can Support Democratic Transitions Worldwide. It instructs on how military relationships and security partnerships can incentivize democratic norms and behaviors and deter security force crackdowns on peaceful opposition. I hope that this guide might one day be fully integrated in military education and training in the US and around the world.

So far I’ve focused a great deal on civil resistance and nonviolent collective action. But we know that this is one set of tools in a much broader nonviolent arsenal. Transforming violent conflict and dissolving its root causes requires a combination of people power and peacebuilding. That means linking nonviolent resistance, which intentionally escalates conflict, and traditional peacebuilding tools like negotiation, dialogue, and mediation, which de-escalate it.

The theory here is that in conflicts marked by great power asymmetries, where groups are intentionally marginalized or excluded from political processes, power needs to shift and an unjust status quo disrupted before conflict resolution become possible. In other words, nonviolent action is often necessary to “ripen” the situation for resolution. As Martin Luther King, Jr. so eloquently wrote in his Letter from a Birmingham Jail in 1963:

“You may well ask: “Why direct action? Why sit-ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks to so dramatize the issue that it can no longer be ignored.”

The Polish Solidarity movement combined Gdansk shipyard strikes with formal roundtable negotiations. The Liberian civil war came to end because the government and rebels were pressured – in part by a women’s-led sex strike – to reach a settlement. The Comprehensive Peace Agreement in Nepal was reached when popular nonviolent resistance shifted the power dynamics and incentivized meaningful peace talks. Veronique Dudouet highlights these and other examples in an excellent report, “Powering to Peace: Integrated Civil Resistance and Peacebuilding Strategies”. Anthony Wanis-St. John and Noah Rosen focus on the importance of negotiation in nonviolent resistance in a recently published USIP Peaceworks report.

I am often asked: what about cases of genocide, ethnic cleansing, or violent extremism? What about protecting innocent people? What are the nonviolent options in these cases?

Using and sequencing these dialogical and direct action techniques is both an art and a science. USIP is currently developing a practical guide, called “Synergizing Nonviolent Action and Peacebuilding” (SNAP), which is intended to inform field-based trainings on how, practically, these nonviolent approaches can be used together. We hope that this action guide might be helpful for organizations like Pax Christi, Mercy Corps, Caritas International, Catholic Relief Services, and members of the Alliance for Peacebuilding whose work is grounded in conflict affected communities.

So we know that nonviolent resistance is important in negotiating a sustainable and just peace. This aligns with the fact that, historically, the most durable peace processes and national dialogues have been inclusive and participatory. Desiree Nilsson’s study of all peace agreements reached in the post-Cold War period found that the involvement of civil society reduced the risk of failure by 64%. Peace accords that include civil society actors – including religious groups, women’s groups, and human rights organizations – are more likely to see peace prevail. The Colombia peace process, which culminated in a landmark peace accord last year, featured the active involvement of victim’s groups, women’s groups, and other civic actors. Other research has found that the presence of skilled negotiators and facilitators at the local level contributed to the success of national dialogue processes. Training mattered.

Women’s participation merits special focus. Multiple studies have found that women’s inclusion in peace processes correlates significantly with their success – Northern Ireland and Liberia are classic examples. Women bring unique identities, perspectives, and a sense of urgency to peace processes. While women often need to fight for a place at the table, it stands to reason that unlocking the leadership potential of women at all levels of an organization or institution, including the Catholic Church, would strengthen its ability to forge peace.

Another nonviolent tool, mediation, has helped resolve some of the most intractable violent conflicts, including the civil wars in El Salvador, Guatemala, Mozambique, Northern Ireland, and Colombia. The Catholic Church, often in partnership with other faith groups, has often been a key mediator. We know the critical role that the Vatican and Pope Francis played in mediating an end to Colombia’s civil war. The Catholic Lay Community of Sant’Egidio played a vital role in ending the devastating Mozambique civil war (1975-1990). Sant’Egidio, a Rome-based organization with some serious mediation skills and a biblical commitment to service, compassion, and peace, developed strong relationships with the two conflict parties, the ruling Frelimo party and 7 RENAMO rebels. It brought them together in Rome for meetings over 2 years that culminated in the signing of the Rome General Peace Accords in 1992.

In northern Uganda, which has endured nearly 3 decades of civil war between the government and the rebel Lord’s Resistance Army (LRA), Archbishop John Baptist Odama of Gulu and his Acholi Religious Leaders’ Peace initiative, an inter-faith conflict transformation organization, has won the trust of all sides, allowing him to carve out spaces for peace. Odama, who I was honored to meet in Rome, has facilitated years of dialogue between government and LRA forces. He famously says, “As long as there is an opportunity for peace talks, I shall pursue it.” While a comprehensive peace settlement in Uganda remains elusive, and the government is currently cracking down hard against nonviolent civic groups, perhaps one day, religiously mediated dialogue combined with citizen-led collective action will achieve a breakthrough.

Transforming violent conflict and dissolving its root causes requires a combination of people power and peacebuilding. That means linking nonviolent resistance, which intentionally escalates conflict, and traditional peacebuilding tools like negotiation, dialogue, and mediation, which de-escalate it.

Similarly, in South Sudan, where post-independence civil war and dictatorship have created a terrible humanitarian crisis, the inter-denominational South Sudan Council of Churches, one of the strongest civil society groups in the young country, has issued an Action Plan for Peace (APP) focused on dialogue and reconciliation. There is also a budding youth-led nonviolent movement in the country, called Ana Taban (“I am tired”) that is using the arts to build bridges, call out abuses on all sides, and mobilize people for peace. Hopefully the wisdom of the elders and youth energy will creatively combine to bring sustained peace to South Sudan.

A core tenet of just peacemaking is addressing and overcoming legacies of gross human rights violations and other historical injustices. Faith groups have historically contributed in significant ways to transitional justice and reconciliation. There are multiple models of truth-telling and reconciliation. In Guatemala, the Catholic Church, under the leadership of Bishop Juan Gerardi, helped initiate, organize, and execute the successful national truth commission, the Recovery of Historical Memory Project, in the mid-1990s. In Chile, the Catholic Church advocated for the country’s Commission on Truth and Reconciliation following Pinochet’s removal from power in 1990 – a core component of that country’s transition to democracy. The Chilean commission helped inspire the South African Truth and Reconciliation Commission shepherded by Archbishop Tutu.

Getting Practical

The effectiveness of all these nonviolent techniques – including civil resistance, dialogue, mediation, negotiation, unarmed civilian protection, trauma healing, and transitional justice – are grounded in the skills and legitimacy of those using them. An important role the Church (and all of us) can play in advancing just peace globally is building strategic and tactical bridges between the techniques of grassroots nonviolent action and peacebuilding and investing in them.

Practically, this can be done via education and training, through the diplomatic and policy influencing arms of the Church, through inter-religious initiatives and through field-based programming with conflict-affected communities.

  • Catholic universities around the world can educate and train youth and communities in the full menu of nonviolent options and their practical, strategic applications; they can support cutting-edge research on conflict analysis and just peace approaches.
  • Catholic leadership from the parish level on up can help integrate just peace and conflict transformation teachings into religious trainings, lay formation, homilies and sermons.
  • They can draw on research, films, and training materials on nonviolent action (many translated into dozens of languages) developed by USIP, the International Center on Nonviolent Conflict, Pace-e-Bene, Rhize, and other organizations.
  • The Pontifical Council on Inter-religious Dialogue can continue to promote just peace approaches that draw on all the religious traditions.
  • Church leaders can communicate with government officials and security forces to deter violent crackdowns against peaceful activists.
  • They can take diplomatic action when state/non-state actors are engaged in systematic human rights abuses, high-level corruption and exclusionary policies that fuel violence, and show solidarity with nonviolent activists and peacebuilders on the front lines.
  • The Vatican Secretary of State and Holy See missions in NY and Geneva can use existing initiatives, like the UN Sustaining Peace Resolution and the Sustainable Development Goals, to advance just peace approaches and tools.

Logistically, the Church can also provide safe spaces in places like the DRC, South Sudan, Venezuela, and Cambodia, where activists and peacebuilders can meet, strategize, and plan actions. It can offer small resources and transportation support for those forced to operate in restrictive environments, often with little or no money. It can work with Catholic and other private foundations to support grant-giving that aligns with just peace objectives.

I mentioned the military’s role in advocating for greater investment in nonviolent alternatives and peacebuilding. The Church could work with the military to support unarmed peacekeeping pilot initiatives in places like Syria and South Sudan. And encourage it to use military-to-military levers (training, funding, education) to strengthen governance in partner defense institutions, and deter repression and human rights abuses.

Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks to so dramatize the issue that it can no longer be ignored.

At least one national government, Lithuania, has made civilian-based defense, which involves the use of mass civil resistance and noncooperation to deter and repel foreign attacks, a core component of its national defense strategy. Building up the nonviolent resistance and peacebuilding skills and capacities of citizens, in schools and communities, is a great investment in national and international security. Of course, a papal encyclical on nonviolent action and just peace would help focus Church energy and resources on all of these options. Perhaps one day.

I have a special place in my heart for nonviolent organizers and the work they do – Dorothy Day is atop the list. Let me end with her pragmatically hopeful words:

“People say, what is the sense of our small effort? They cannot see that we must lay one brick at a time, take one step at a time. A pebble cast into a pond causes ripples that spread in all directions. Each one of our thoughts, words and deeds is like that. No one has a right to sit down and feel hopeless. There is too much work to do.”

May this conference create ripples that spread in all directions and inform how we all, individually and collectively, civilian and military, doctrinally and practically, can bolster nonviolent options to advance a more just and peaceful world. Thank you.

By Maria J. Stephan
Maria J. Stephan directs the Program on Nonviolent Action at the U.S. Institute of Peace, which focuses on applied research, training and education and informing policies and practice related to civil resistance, nonviolent action and their roles in transforming violent conflict and advancing just peace. Her Twitter is @MariaJStephan

Support The Elephant.

The Elephant is helping to build a truly public platform, while producing consistent, quality investigations, opinions and analysis. The Elephant cannot survive and grow without your participation. Now, more than ever, it is vital for The Elephant to reach as many people as possible.

Your support helps protect The Elephant's independence and it means we can continue keeping the democratic space free, open and robust. Every contribution, however big or small, is so valuable for our collective future.

Continue Reading

Politics

Wakasighau: The Forgotten Victims of British Colonial Land Dispossession

The effects of the British colonial policy of subjugation through dispossession and exile continue to reverberate among the Wakasighau.

Published

on

Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
Download PDFPrint Article

Two years have gone by since we last saw Mzee Joshua Mwakesi Mwalilika. He hasn’t changed a bit. His birth certificate says he was born in 1923. This means that Mzee Mwalilika is just two years shy of a hundred. He says that the birth certificate is wrong, that he was actually born in 1921. Mzee Mwalilika is from Taita, of the Wakasighau, a people who were uprooted from their native Kasighau region and exiled by the British to Malindi where they languished for over twenty years.

It all started in August 1915, at a time when Kenya was under British colonial rule and neighbouring Tanzania, then Tanganyika, was under the Germans. World War I had begun and, being so close to the border with Tanganyika, Kasighau was bound to suffer the effects of the war. When the Germans attacked the British, the British took revenge on the local African populations.

“All the houses were torched in the entire Kasighau on August 11th 1915. From Kigongwe, Makwasinyi, Jora, Kiteghe, Bungule, and Rukanga,” recalls Mzee Mwalilika. It was the handiwork of the British; they were on a punitive expedition against the Wakasighau whom the British suspected of having betrayed them to the Germans. A few days prior, the Germans had  carried out a night raid on the British garrison at Kasighau, committing a massacre. This was eight years before Mzee Mwalilika was born.

One version of the events is that after the attack, the Germans wrote a letter to the British claiming that the locals had voluntarily betrayed them, which prompted the British to retaliate. At Rukanga Village in Kasighau, retired teacher Jonathan Mshiri, now aged 71, says that local accounts of the events tell of two individuals from the area who unknowingly directed some Germans who were on a spying mission to where the British had set up camp.

“Two people were harvesting honey in the bush and the soldiers came and interrogated them and said, ‘Can you show us where the wazungu are?’” says Mwalimu Mshiri. “They used the term wazungu not British, so Kinona and Mwashutu thought that these white people were just friends of fellow white people. They did not know that these were Germans.”  The Germans laid waste to the British garrison at Jora in Kasighau and 38 British soldiers, including their captain, were taken captive by the Germans. This enraged the British so much that they decided to exile the entire Kasighau community.

For the Kasighau people, the British chose Malindi. After torching all the houses in the five villages, they rounded up all the people and gathered them at a place that was central to all the villages. “The British chose these open grounds because it gave them a view of Tanganyika where the Germans had come from,” explains Ezra Mdamu, a descendant of the survivors. “They also hoped that some of the villagers would have a better chance of pointing out exactly where the Germans had headed to. The people were also subjected to torture to extract information from them.”

The Wakasighau were then forced to march to Maungu Township, some 35 kilometres by today’s roads. From Maungu to the border at Holili is 144 kilometres using today’s road network, if indeed the German attackers had come through Holili.

The captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals.

At Maungu, the captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals. “What the new hosts did was put poison in the water holes, and this led to many deaths amongst our people,” Mwalimu Mshiri explains.

Macharia Munene, professor of History and International Affairs at the United States International University, says that using exile as punishment summarizes the colonial policy of subjugation and dispossession of local peoples.

“Most of these people who were deported were individuals, people trying to challenge colonial authority,” he says, “but colonialists also deported groups of people, often to hostile, undesirable places.”

Return to Kasighau

The plight of the Kasighau in their new land did not go unnoticed, and various parties, including church organizations, brought pressure to bear on the colonialists to review their position. But it was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

“All the land around Kasighau Hill was termed as hunting blocks where the British people could hunt. The block here was called ‘66A’, the Kasighau people were only confined to a 10km² block around the hill called ‘Trust Land’. The rest of the land was called ‘Crown Land,’” says Mwalimu Mshiri.

It was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

After independence in 1963, Crown Land became State Land and some of the remaining land was handed over to ex-WWII British colonial soldiers. The people of Kasighau were not represented at the time and the remaining land was subdivided into ranches that today surround the 10km² settlement area. It is within some of these ranches that mineral deposits and precious stones are found, and there are frequent tussles between the youth, miners and investors.

According to a report titled The Taita Taveta County Integrated Development Plan 2013-2017, only 35 per cent of all landowners possess title deeds. The report says that land adjudication was ongoing to ensure that all landowners possess title deeds. The 2019 census puts the population of Taita Taveta at 340,671. Kasighau Ward alone is home to 13,000 people. The majority say they do not have title deeds.

No land, more problems

In February 2019, a group of young men from Kasighau descended on a disputed mine inside Kasighau Ranch. Around the mining area are mounds of earth and makeshift tents. People selling foodstuffs have followed in the wake of the miners. Those mining say they are simply going for what they believe belongs to them. They do not have the heavy equipment needed for serious mining operations such as earthmovers or elaborate underground mining shafts. They are artisanal miners who rely on simple tools such as hoes, spades and mattocks.

“When we young people saw that we did not have leaders serious on championing our rights, we decided to have our own revolution,” says Elijah Mademu, a youth leader. “We decided to redeem our lost lands, lands rich in mineral resources. There are about 500 young men and women eking out a living from these minerals.”

According to retired Kasighau Location chief Pascal Kizaka, the occupation of the mine can be attributed to population pressure and young people running out of options. “Every economic activity starts with land. Without land, you are like that person who is given water but cannot drink it,” he says.

Prof. Macharia says land ownership remains a significant cause of conflict across much of Kenya where land issues remain unresolved. “The government, particularly the area MP and area governor, because they have power, they should raise the issue and say, these are our people, so process their [land] titles.”

However, Taita Taveta Lands County Executive Committee member Mwandawiro Mghanga disputes the assertion that the county or the leadership at the local level are fully able to resolve the issue of title deeds, arguing that land and natural resources adjudication have not been fully devolved.

“It is true in this matter there are injustices, but on title deed issues even the entire Taita Taveta County has the same problem. In Kasighau the plan is to let them get the title deeds alongside the rest of the county”, he says.

“Of course there are six ranches, agriculturally-driven ranches (ADR’s) and there’s Kasighau Ranch which is very large. . . . There should not be a drive motivated by the capitalist system to grab ranches. What needs to be done is that everyone who needs a title for land to settle should have access to it.”

“Without land, you are like that person who is given water but cannot drink it.”

Land alone might not be the only thorny issue. Chief Kizaka laments that throughout his time living and working in the area, local Kasighau people have noticeably been lagging behind even in education matters. For instance, a 2013 report on inequalities compared Kasighau Ward to neighbouring Mbololo ward and found that only 8 per cent of Kasighau residents have a secondary education or above. A Kenya National Bureau of Statistics report titled Exploring Kenya’s Inequality: Pulling Apart or Pooling Together? shows Kasighau’s literacy rates to be four times less than Mbololo’s 32 per cent of the population who have gone beyond secondary school education.

“By independence time, we had only three primary schools, in Bungule, Rukanga and Mwakwasinyi. Illiteracy was very high. You can imagine, illiterate parents producing illiterate children,” bemoans Chief Kizaka. “There is no movement. The number of locals in school is very low. Compared to many parts of the country where locals are the majority, here we do not dominate.”

Today, Mwalimu Jonathan Mshiri says the thought of squeezing almost his entire descendants onto 15 acres of land troubles him daily. He knows too well that already the 13,000 Kasighau residents, whose numbers are increasing, are also facing the difficulty of having to make do with 10 square kilometres of land.

“We are the Kasighau people, we belong to this mountain and the surroundings, why are we not being given the priority?” he asks.

It is 6 p.m. and as the sun sets in the west, in the direction of Tanzania, it casts a golden glow on the Kasighau massif, but the dark despair of the Wakasighau remains.

Continue Reading

Politics

Big Pharma and the Problem of Vaccine Apartheid

In this report on the TWN-Africa and ROAPE webinar on vaccine imperialism held last month, Cassandra Azumah writes that the unfolding vaccine apartheid which has left Africa with the lowest vaccination rates in the world is another depressing example of the profit and greed of Big Pharma facilitated by imperialist power.

Published

on

Big Pharma and the Problem of Vaccine Apartheid
Download PDFPrint Article

The webinar on ‘Vaccine Imperialism: Scientific Knowledge, Capacity and Production in Africa’ which took place on 5 August 5, 2021, was organized by the Review of African Political Economy (ROAPE) in partnership with the Third World Network-Africa (TWN-Africa). It explored the connections and interplay of Africa’s weak public health systems, the profit and greed of Big Pharma enabled by the governments of the industrialized Global North, and the Covid-19 pandemic from a political economy perspective. This report summarizes the main discussions held during the conference, including an overview of each of the main points discussed. The webinar was the first in a three-part series of webinars scheduled by the two organizations under the theme Africa, Climate Change and the Pandemic: interrelated crises and radical alternatives.

The format of the event involved keynote presentations from three speakers, a five-minute activist update on the COVID-19 situation from two African countries, and an interactive discussion with participants. Chaired by Farai Chipato, a Trebek Postdoctoral Fellow at the University of Ottawa and ROAPE editor, the session included presentations from Rob Wallace, an evolutionary epidemiologist and public health geography expert at the Agroecology and Rural Economics Research Corps; Tetteh Hormeku, Head of Programmes at Third World Network-Africa (TWN-Africa) and Marlise Richter, a senior researcher at the Health Justice Initiative in South Africa.

The current state of the pandemic – Rob Wallace

Rob Wallace began the session by providing a global perspective on the current state of the COVID-19 pandemic. He presented data showing that though the total number of vaccinations are increasing, the percentage of people fully vaccinated is concentrated in the West. We are currently experiencing a third wave of the pandemic, which is being driven by the delta variant. Though the cases in Africa are relatively lower than in other parts of the world, it is still a marked increase from the first and second waves which were less severe. This is not the trajectory that was predicted for COVID-19 on the continent in the early days of the pandemic. Marius Gilbert et al had speculated that Africa would be vulnerable to the virus due to a lower public health capacity and underlying co-morbidities that might increase the spread and damage of the virus. However, the incidence of the virus has played out in a different way, Africa’s cases are not as high as that of other continents. The possible reasons that have been given for this are: demographics (a younger population), open housing (which allows greater ventilation), and an ongoing circulation of other types of coronaviruses which have induced a natural, partial immunity in the population.

Wallace also commented on herd immunity, stating that it is not a panacea for defeating the virus. He referenced a paper by Lewis Buss et al on COVID-19 herd immunity in the Brazilian Amazon which found that although 76% of the population had been infected with the virus by October 2020, they had not achieved herd immunity (which is usually estimated at 70-75%), and proliferation of the virus was ongoing. He pointed out that the key lesson from this study is that there is no magical threshold for herd immunity; it may be different for different populations or there may be no threshold at all.

Likewise, he contended that defeating COVID-19 has little to do with vaccination as a silver bullet, but much to do with governance and the wellbeing of the population being at the crux of any public health decisions a government would take. A multi-pronged approach should be taken to defeat the virus, one that includes vaccinations, wearing of masks, social distancing, and testing and tracing. He argued however, that in the neoliberal regimes of the industrialised North, dealing with COVID-19 is organized around profit.

This was not the case in the early days of the outbreak. Initially, the World Health Organisation (WHO) and the National Institutes of Health (NIH) in the US were in favour of having open medicine and making sure any pharmaceutical products produced to fight the virus were free to all. To this end, WHO developed the COVID-19 Technology Access Pool (C-TAP). However, the lobbying of Big Pharma and the likes of Bill Gates worked to centre the COVID-19 response around the model of intellectual property rights. This has had a considerable impact on the evolution of the virus, allowing it enough room to evolve such that pharmaceutical companies can make profits by selling booster shots of the vaccine. According to Wallace, this speaks to the “sociopathic nature” of the neoliberal regimes in the Global North who are willing to put the profits of Big Pharma over the lives of people. He opined that we need to act in solidarity to create a system in which disparities between the Global South and Global North are removed.

Health justice and the pandemic in South Africa – Marlise Richter

Marlise Richter’s presentation shed light on the work of the Treatment Action Campaign (TAC) and the lessons that can be learnt from their struggles for access to medicines (in particular ARVs). She pointed out that the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights – TRIPS – is a legal agreement between member states of the World Trade Organisation) had a big impact on how the HIV/AIDS epidemic was addressed, resulting in a limited number of ARVs reaching the Global South.

The HIV epidemic was particularly acute in South Africa, the number of people living with the virus ballooned from 160,000 in 1992 to over 4.2 million people by 2000. At this time, ARV’s had been developed but were unaffordable in Africa, costing up to US$10,000 a year in 1998.

The TAC used multiple strategies such as skilled legal advocacy, high quality research, social mobilization, demonstrations, and public education to fight the pharmaceutical industry and their abuse of intellectual property rights protections. It joined the case brought by the Pharmaceutical Manufacturers Association (PMA) against the South African government for allowing parallel importation of drugs in order to bring down prices of medicines. Its intervention contributed to pressuring the PMA to withdraw its claims in 2001. In addition, it applied pressure at the 13th International AIDS Conference in Durban in 2000 by staging a march to highlight the danger of President Mbeki’s AIDS denialism and demanded access to ARVs in Africa.

From 1999 onwards, the TAC also campaigned for a national prevention of mother-to-child transmission of HIV. This case was won at the high court and precipitated a national ARV roll-out plan in April 2004. Finally, in 2002, TAC and the AIDS Law Project filed a complaint with the Competition Commission against GlaxoSmithKline (GSK) and Boehringer Ingelheim arguing that they violated the competition law by abusing their dominance in the market and charging excessive prices for ARVs. This forced the companies to reach a settlement in 2003 leading to a drastic cut in ARV prices. By employing these tactics, the TAC and other activists were able to transform both the national and global conversation on drug pricing, eventually leading to South Africa having the largest HIV treatment program globally and pharmaceutical companies reducing the prices of ARVs.

Following the success of the campaigns to provide access to ARVs in Africa, activists in the Global South fought for the Doha Declaration. The Doha Declaration waived some of the provisions in TRIPS in order to prevent public health crises and promote access to medicines for all. However, Richter commented that not many of these flexibilities have been used. She posits that this is due to immense political pressure from the West. The US in particular has singled out governments that seek to use the TRIPS flexibilities and placed them on the US Special 301 Watch List.

Returning to the present, Richter presented data that showed that on 3 August, there have been just under 200 million confirmed cases and over 4.2 million deaths of COVID-19. 28.6% of the world’s population has received at least one dose of the vaccine with 14.8% fully vaccinated. But to give a sense of the disparity in vaccine administration across the world, she indicated that 4.21 billion doses have been administered globally with 38.67 million administered daily, but in low-income countries only 1.1% of people have received at least one dose. Narrowing it down to Africa, only 1.58% of the population has been fully vaccinated. This variance in administered vaccines is also present across the continent. In July 2021, Morocco had 28.9% of its population fully vaccinated, Botswana and South Africa had 5.3% and 5% of their populations fully vaccinated, and the Democratic Republic of the Congo had 0%. These incongruities are also evident when we assess the number of vaccines promised against vaccines delivered, with South Africa receiving only 26% of the vaccines promised. Continuing at the current pace, it would take South Africa two years and three months just to vaccinate 67% of its population.

Richter quoted the WHO Director-General saying, “The world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries.” Following from this, she believes that it makes ethical sense and public health sense for vaccines to be distributed equitably amongst the world’s population. In a bid to fight for vaccine equity, South Africa and India co-sponsored the TRIPS waiver in October 2020. If successful, this waiver will bring about flexibilities in the TRIPS agreement which would have an immense impact on the manufactured supplies of vaccines and other medical goods. For the waiver to be passed, a consensus amongst all member states of the WTO needs to be reached. While the waiver is supported by over 100 countries (predominantly in the Global South), it has been blocked most notably by the EU, Australia, Norway and Japan, countries which have enough vaccines to vaccinate their population many times over. Putting this into perspective, in January 2021 the EU had 3.5 vaccines per person and Canada had 9.6 vaccines per person, as compared to 0.2 vaccines per person in the African Union. By blocking this waiver, the industrialised North is further entrenching the extreme inequalities currently faced by the Global South.

Richter concluded her presentation by speaking on a recent development in South Africa, where Pfizer-BioNtech has recently signed a ‘fill and finish’ contract with the Biovac Institute. She claimed that while this is a first step in developing manufacturing capacity, it is not enough to achieve vaccine independence because it does not include the sharing of Pfizer-BioNtech’s technology or know-how. In addition, the ‘fill and finish’ approach does not address issues of security of supply, nor does it allow local manufacturers the freedom to make their own pricing decisions. She believes that if we start from the premise that health is a human right, as the TAC does, we will regard health equity and especially vaccine equity as essential in the struggle against the pandemic.

The political economy of the continuing fight against intellectual property rights negatively affecting public health goods in Africa – Tetteh Hormeku

Tetteh Hormeku’s presentation was centred around the challenges that African countries have confronted in the process of trying to develop their own pharmaceutical capacity. These challenges go beyond the struggles for the TRIPS waiver and include the impact of some of the choices governments have made. He focused on two interrelated points that frame the predicament of African countries in relation to the current vaccine situation:

1) The vaccine process is dominated by pharmaceutical Multinational Corporations (MNCs) based in the advanced industrial countries and supported by their governments. The controversy around the TRIPS waiver is a clear example of the extent to which advanced countries and their MNCs would like to hold on to their place in the international order.

2) On the non-existent domestic pharmaceutical capacity in African countries, Tetteh explained that he uses the phrase “domestic pharmaceutical capacity” because:

  • It does not include a subsidiary of an MNC signing a production agreement with a local African company.
  • The word ‘domestic’ combines both the local character of production and the fact that it is embedded within the nation, its challenges, people, drives and imperatives.
  • It does not refer to nations alone, but also to regional and continental initiatives.
  • It captures pharmaceutical capacity beyond the production of vaccines.

Tetteh provided the following case-study to show how these two points are interrelated. 24 February marked the first shipment of COVID-19 vaccines to Ghana, and there was an optimism that it would be the beginning of a steady supply of vaccines to the country – six months later, less than 2% of the population has been vaccinated. Around the time Ghana received this first shipment, it was in talks with the Cuban government for support on the transfer of technology to improve its pharmaceutical capacity.

This date in February also marked the anniversary of the overthrow of Kwame Nkrumah in 1966. Six months before the coup Nkrumah’s government had established a state pharmaceutical enterprise. After the coup, the military government tried to hand it over to Abbott Laboratories, an American pharmaceutical company, under such outrageous terms that the resulting backlash from the populace led to the abandonment of this plan.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies which deliberately curtailed the production of knowledge and science across the continent. The aim of developing a pharmaceutical industry domestically was to intervene on three levels:

  • Creating an industry with the technical know-how and the machinery to be able to participate in the production of pharmaceutical products.
  • Creating an industry which is linked to the process of developing and building knowledge and being at the frontiers of knowledge. This involved creating linkages with universities and scholars.
  • Making use of traditional sources of medical knowledge. The state pharmaceutical enterprise was in operation until the 1980s when due to the Structural Adjustment Programs (SAPs) it was privatized and unable to compete in the free market.

Tetteh pointed out that two lessons can be taken from this anecdote:

  • The government strongly intervened to ensure pharmaceutical production was linked to public procurement and public policy. The market for the product was guaranteed (army, public hospitals etc.).
  • The government intervened to ensure that certain medical products could not be imported into the country. These interventions were crucial in creating the legal and scientific conditions within which the state-owned enterprise thrived until the SAP period.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market. Although Ghana’s intellectual property rights regime replicated and mimicked some of the standards in the Global North, it was an indication of the amount of space countries in the Global South had to develop their own legislation with respect to intellectual property for public health. However, this option is no longer available to these countries. According to Tetteh, TRIPS inaugurated the monopoly that Big Pharma has over technical know-how for medical products. It has also enabled bio-piracy which allows Big Pharma to appropriate African traditional knowledge and patent it for themselves. In the 1990s, the Organisation of African Unity (OAU) tried to create an African model law to enable a fight against bio-piracy but was unsuccessful.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies, which deliberately curtailed the production of knowledge and science across the continent

Tetteh noted that the current situation highlights the importance of getting the TRIPS waiver, as it is a starting point for building domestic pharmaceutical capacity. The waiver goes beyond just patents and encompasses a host of other intellectual property rights such as copyrights, and industrial design. It covers all the important bases for making medicines in a modern context. Looking back to the Doha Declaration, very few countries were able to make real changes to their laws in order to make use of the flexibilities. This was due in part to the entrenchment of TRIPS in other agreements such as AGOA (the African Growth and Opportunity Act) and the EPAs (Economic Partnership Agreements). However, importantly, there was no real commitment by African leaders to making these changes.

Tetteh argued that African leaders are not making the strategic choices that would eventually lead them to developing independent pharmaceutical industries. Suggesting that South-South cooperation is an avenue to address the current issues the continent faces, he argued that instead of using all their funds to buy vaccines, African countries could have allocated some funds to support phase three of Cuba’s vaccine trials. By doing this, they would have been able to negotiate for a consistent relationship in terms of knowledge exchange and the transfer of technology.

Updates on COVID-19 in Senegal and Kenya

Cheikh Tidiane Dieye provided an update on the COVID-19 situation in Senegal. The country recorded its first case of the virus in March 2020. Since then, the government has put in place measures such as curfews, travel restrictions and the banning of public gatherings to contain the spread of the disease. The Senegalese government did not enforce a lockdown because the country has a large informal sector which would have been negatively impacted by a lockdown.

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021. This increase in cases has taken a toll on the country as it does not have the healthcare infrastructure to deal with the virus caseload. The vaccination campaign was launched in February this year, with about 1.2 million doses received, 1.8% of the population fully vaccinated and 3% receiving their first dose.

He stated that Senegal is currently facing two issues:

  1. Lack of access to the vaccines. This is because the country does not have the means to purchase enough vaccines for its population and is currently relying on donations from COVAX. This has resulted in protracted waiting times for the vaccine. These waiting times can cause complications for vaccine administration, since there are people who have received the first dose but must wait for longer than the recommended time of eight weeks to receive their second dose.
  2. A significant part of the population is reluctant to receive vaccines and sensitization campaigns are proving ineffective.

He remarked on one key development in Senegal – the creation of a vaccine manufacturing plant funded by the World Bank, the US, and a few European countries. The plant is expected to produce 300 million doses a year, first of COVID-19 vaccines and then other types of vaccines against endemic diseases. This project will be implemented by the Institut Pasteur de Dakar which already produces yellow fever vaccines.

ROAPE’s Njuki Githethwa provided an update on the COVID-19 situation in Kenya. He mentioned that the delta variant has caused a surge in cases and deaths. There have been currently over 200,000 cases since the pandemic began with the total number of deaths at 4,000 at the end of July. He pointed out that this third wave is affecting the lower classes which were spared in the initial stages of the pandemic. Kenya has received 1.8 million doses of the vaccine, with about 1.7% of Kenyans vaccinated. He noted that if vaccinations continue at this pace, it will take over two years for Kenyans to be fully vaccinated.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market

According to Njuki, the disbursement of vaccines from the West is being portrayed as a symbol of charity, solidarity, and sympathy. This portrayal is underlain by the West positioning themselves as saints while vilifying other countries like India and China. He also mentioned that there is a class dynamic at play in Kenya regarding the distribution of vaccines. People in affluent areas have ease of access whereas the less privileged wait in long queues to get vaccinated. As a result, most of the population, including frontline workers, are yet to be vaccinated. Schools in the country reopened at the end of July, and only about 60% of teachers have been vaccinated. Njuki touched on the fact that there is an optimism that more vaccines are coming, however the government is not doing enough to sensitise the population. There is still a lot of misinformation and superstition surrounding the vaccines.

Moving beyond the state?

The discussion was further enriched by contributions from the participants. Gyekye Tanoh, for example, noted that in the past the presence of state pharmaceutical enterprises around the continent constituted an active and embodied interest. This influenced the way transnational pharmaceutical companies were able to negotiate, severely limiting their power. However, such a thing is not present today on the continent. In fact, a study from the McKinsey Institute pointed to the fact that the pharmaceutical industry has the highest markups in Africa, meaning that while the continent is not the biggest market, it is the most profitable region in the world. Currently, the interests of Big Pharma dominate, he asked, how do we begin to shift this? Is it time to look beyond the state as a leading agent for change? What can progressives do in this situation?

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021

In response to Gyekye’s question, Tetteh argued that he does not believe that it is time to look beyond the government. In the case of the pharmaceutical industry, the market is created by production and government procurement of pharmaceutical products. Real change cannot be realised without the involvement of the government and well thought out policies. But there is still a role for progressives. Activists need to mobilise and organize around broad paradigmatic changes and clear concrete policy choices that can be implemented in the immediate, medium, and long term.

Wallace added that the objectives of activists in the Global North should be to support the efforts of those in the Global South. This is especially important because COVID-19 is not the only virus that can cause real damage. We need to make structural changes that ensure the Global South is not at the mercy of the Global North whose economic model has contributed to the current situation.

Farai Chipato ended the session by thanking the speakers and participants for their contributions to the fruitful and important discussion. Chipato urged participants to join ROAPE and TWN-Africa for their two upcoming webinars: ‘Popular public health in Africa: lessons from history and Cuba’ and ‘Alternative strategies and politics for the Global South: climate-change and industrialisation.’

This article was originally published in the Review of African Political Economy (ROAPE) Journal. 

Continue Reading

Politics

Omissions of Inquiry: Kenya and the Limitations of Truth Commissions

Gabrielle Lynch provides a radical analysis of the mechanisms of transitional justice. Looking at the case of Kenya, Lynch argues that truth commissions which hope to achieve truth, justice and reconciliation also require ongoing political struggles, and substantive socio-economic and political change. While reconciliation and justice may be goals which truth commission can recommend, and sometimes contribute to, they cannot be expected to achieve them.

Published

on

Omissions of Inquiry: Kenya and the Limitations of Truth Commissions
Download PDFPrint Article

In today’s world, it is almost expected that a truth commission will be introduced in the wake of conflict or a period of authoritarianism to try and consolidate a transition to democracy and peace. A truth commission generally understood – as per Priscilla Hayner – as a temporary state-sanctioned body that investigates a pattern of past abuse, engages ‘directly and broadly with the affected population, gathering information on their experiences’ and which aims to conclude with a public report.

The underlying idea is that societies need to confront and deal with unjust histories if they are to establish a qualitative break with that past. Proponents of modern truth commissions thus ‘look backwards’, not as interested historians, but as a way to ‘reach forwards.’ As Archbishop Desmond Tutu explained in his foreword to the South African Truth and Reconciliation Commission (TRC) report:

The other reason amnesia simply will not do is that the past refuses to lie down quietly. It has an uncanny habit of returning to haunt one … However painful the experience, the wounds of the past must not be allowed to fester. They must be opened. They must be cleansed. And balm must be poured on them, so they can heal. This is not to be obsessed with the past. It is to take care that the past is properly dealt with for the sake of the future.

Motivated by this desire to render the past ‘passed’ in the substantial sense of being ‘dead’ or ‘over and done with’, modern truth commissions dedicate most of their time to two activities: the holding of public hearings and production of a final report.

This is a relatively recent development. Early truth commissions did not hold public hearings and were largely fact-finding bodies. However, ever since the South African TRC of the 1990s, truth commissions have held hearings as a stage for various actors – victims, perpetrators, political parties, state institutions and so forth – to present their account of past wrongs. The underlying idea is that people will have a chance to speak and be heard, and thus regain their humanity; that a wider (and engaged) audience will bear witness to a new human rights-conscious regime; and the overview provided will feed into, and help legitimise, a final report. The latter in turn intended to record and acknowledge past wrongs and provide recommendations that can help to promote truth, justice and reconciliation.

However, while much hope is often placed, and much time and money expended, on truth commissions and their hearings and final reports, it is evident that these processes generally fall far short of ambitious goals and high expectations. But what explains this gap between aspiration and reality?

This is one of the questions that I address in a new book – Performances of Injustice: The politics of truth, justice and reconciliation in Kenya – which analyses several transitional justice mechanisms introduced following Kenya’s post-election violence of 2007/8 when over 1,000 people were killed and almost 700,000 were displaced.

This includes the establishment of the Truth, Justice and Reconciliation Commission (TJRC). Significantly, the Commission’s mandate recognised that, while the 2007/8 post-election violence was triggered by a disputed election, it was fuelled by more deep-rooted problems.  In turn, the Commission was tasked with investigating a wide array of injustices – from state repression and causes of political violence to perceptions of economic marginalisation and irregular land acquisition – between Kenya’s independence in 1963 and the end of the post-election violence in February 2008.

Established through an Act of Parliament in 2008, and operational from 2009 to 2013, the TJRC sought to meet its mandate, in large part, by collecting statements (with over 40,000 collected in total), holding public and women’s hearings in 35 locations across the country and adversely mentioned person (AMP) hearings in western and Nairobi, and publishing a substantial final report that runs to over 2,000 pages.

Despite such achievements, the Commission was soon mired in controversy with calls for the chairman – who was soon linked to three injustices that the Commission was meant to investigate – to resign, while the public hearings attracted little media attention, and the final report is yet to be discussed in parliament let alone implemented.

The Kenyan experience highlights a range of lessons and insights. This includes the fact – as recently outlined in a piece for The Conversation – that transitional justice mechanisms are not ‘tools’ that can be introduced in different contexts with the same effect. Instead, their success (or failure) rests on their design, approach and personnel – all of which are incredibly difficult to get right – but also on their evaluation and reception, and thus on their broader contexts, which commissions have little or no control over.

However, the lessons that can be drawn go beyond reception and context and extend to the inherent shortcomings of such an approach.

First, while victims appreciate a chance to speak and be heard, the majority clearly submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken to redress the injustices described. As one woman explained after a women’s hearing in Nakuru, she was glad that she had spoken and how, having told her story, the Commission would ‘come in and help.’

To be fair, the TJRC’s founders were aware of the inadequacies of speaking, which is why they included ‘justice’ in the title and gave the Commission powers to recommend further investigations, prosecutions, lustration (or a ban from holding public office), reparations and institutional and constitutional reforms.

However, on the question of whether recommendations would be implemented, the Commission rather naively relied on the TJRC Act (2008), which stipulated that ‘recommendations shall be implemented.’ However, such legal provisions proved insufficient. Amidst general scepticism about the Commission’s work, parliament amended the TJRC Act in December 2013 to ensure that the report needed to be considered by the National Assembly – something that is yet to happen.

Moreover, to document and acknowledge the truth requires that one hears from both victims and perpetrators. However, the latter often have little motivation, and much to lose, from telling the truth. This was evident in Kenya where, during the AMP hearings I attended, where I heard little that was new and not a single admission of personal responsibility or guilt. Instead, testimonies were characterised by five discursive strands of responsibility denied: denial through a transfer of responsibility, denial through a questioning of sources, denial through amnesia, denial through a reinterpretation of events and an assertion of victimhood, and denial that events constituted a wrongdoing. However, while AMPs denied responsibility, none denied that injustices had occurred. As a result, while the hearings provided little clarity on how and why a series of reported events may have occurred, they simultaneously drew attention to, and recognised, past injustice. In this way, they provided a public enactment of impunity: Kenya’s history was replete with injustice, but AMPs were unwilling to shoulder any responsibility for it.

This ongoing culture of impunity points to another issue, which is that – for most victims – injustices clearly do not belong to the past but to the present and future. The loss of a person or income, for example, often constitutes a course that now seems beyond reach – from the hardship that accompanies the loss of a wage earner to the diminished opportunities that stem from a child’s extended absence from school. However, the past also persists in other ways, from the injustices that never ended, such as gross inequalities or corruption, to fears of repetition and experiences of new injustice.

Unfortunately, the idea that one can ‘look backwards to reach forwards’ downplays the complex ways in which the past actually persists, and possible futures infringe on the present. This is problematic since it can encourage a situation where small changes dampen demands for more substantive reform. At the same time, it can facilitate a politicised assertion of closure that excludes those who do not buy into the absence of the past, the newness of the present, or the desirability of imagined futures and provides a resource to those who seek to present such ‘difficult people’ as untrusting, unreasonable and unpatriotic.

This is not to say that truth commissions are useless and should never be considered. On the contrary, many view speaking as better than silence, while the commission’s report provides a historical overview of injustice in Kenya and a range of recommendations that activists and politicians are using to lobby for justice and reform.

However, when introduced, truth commissions should be more aware of the importance of persuasive performances and how their initial reception and longer-term impact is shaped by broader socio-economic, political and historic contexts. Truth commissions also need to adopt a more complex understanding of the ways in which the past persists, and possible futures infringe on the present and avoid easy assertions of closure.

Ultimately, such ambitious goals as truth, justice and reconciliation require not Freudian ‘talk therapy’, although catharsis and psycho-social support are often appreciated, but an ongoing political struggle, and substantive socio-economic and political change, which something like a truth commission can recommend, and sometimes contribute to, but cannot be expected to achieve.

This article was first published in the Review of African political Economy (ROAPE).

Continue Reading

Trending