Politics
PAN-AFRICANISM: An idea whose time will never come?
First, an “ancient” African fable.
A chicken foraging somewhere in Africa’s bush came across a pawpaw tree that had grown diagonally instead of straight up. A ripe pawpaw was hanging at the end, which the bird could not quite reach, and so decided to walk up the inclined trunk instead.
As it perched on the end of the tree pecking away, a fox entered the small clearing, looked up, and saw what was going on. “Be generous. Share,” said the fox. “Why are you eating all by yourself? Knock it down so we can eat it together.”
I may be just a bird, but I am no fool,” replied the busy hen. “Clearly the meal you intend is me. Since when did foxes eat fruit?”
“I see. You must not have been at the meeting, then,” the fox observed.
“What meeting?” the hen asked. The fox went on to explain to her how a large meeting of the forest’s animals had taken place recently where they had come to an agreement to no longer eat each other. Instead, they would cooperate to gather and eat fruit.
After securing a sufficient number of haki ya mungus from the fox, the hen knocked the pawpaw to the ground and fluttered down after it.
In the end, of the African Union’s 55 member states, 44 were present and signed up to the removal of trade barriers, 43 signed the launch declaration, and just 27 agreed to lifting barriers to the movement of people.
As the two stood side by side eating, a lion appeared, and began to approach them. The fox screamed, and immediately took to his heels.
“Where are you going?” asked the hen.
“Don’t you see the lion?” yelled the fleeing fox. “Run for your life!”
“But what about the agreement?” asked the puzzled hen as the big cat drew up beside her.
“You don’t understand,” the fox shouted over his shoulder. “That lion was not at the meeting either!”
(Actually, this fable not that old: it was probably made up during the wrangling over delegate credentials at the 1978 Moshi Peace Conference of anti-General Idi Amin forces. The dysfunctional tree was a metaphor for Uganda’s condition.)
The just-concluded African Union Africa Continental Free Trade Area (AfCFTA) summit in Kigali once again brought to the fore political Africa’s favourite topic: Pan-Africanism and it possibilities. To many, this is the Holy Grail of African liberationism, the ultimate destination and logical conclusion of the exertions of previous decades, but building on centuries before that.
The outcomes of the summit are triumphantly declared to have been to finally take a first concrete step on the long journey to the political and economic integration of the continent. Three things required consensus: to agree in principle that such an initiative was required now; to agree to the removal of nearly all customs barriers to intra-African trade; and to agree to the removal of selective immigration barriers to intra-African travel by Africans.
Beneath the excitement, there remained many difficult details that could potentially become obstacles: not every African country was present in Kigali; of those present, not everyone signed up to all three elements of the treaty; among those that did, each element of the protocols must now be subjected to discussion and ratification in the parliaments and cabinets of the participating countries. Among the “faint-hearted” were the continent’s two economic power houses (such as they are): South Africa and Nigeria. South Africa, represented by its new president, Cyril Ramaphosa, said that even initialing the treaty required consultations back home first. As for Nigeria, tales exist of a dramatic literal U-turn as the presidential convoy to the airport had to return to Abuja to hear more concerns from the business community.
Such dictators recognised the strategic value in running their countries like personal fiefdoms with a disorganised, impoverished populace. The last thing they needed was a genuine move towards greater sharing of those resources, and the mutual accountability that this could entail, as could become the case under any Pan-African arrangement.
None of the heads of state of Rwanda’s immediate neighbours were present either. In the end, of the African Union’s 55 member states, 44 were present and signed up to the removal of trade barriers, 43 signed the launch declaration, and just 27 agreed to lifting barriers to the movement of people.
“We [Africans] are the kind of horses that are very thirsty. When brought to the well, some of us drink, others have excuses…We should stop enjoying problems. Especially when we have the answers,” the summit’s host, Rwandan president (and current African Union chairperson) Paul Kagame reportedly said.
So, as a result of the elephant in the room being the issue of the lions not in the room, the renewed path to African unity will be remembered partly for being launched with a snide remark from the host.
But what exactly is Pan-Africanism? And to what extent is any of this actually new, or a departure from previous attempts?
A history of hopes
We need not retrace the path to this moment in detail. The aspiration for one big country, or at least a “United States of Africa” has always been part of Africa’s post-colonial political lexicon. Where leaders of the past differed was on the question of the best route to getting there. Famously, Ghana’s independence icon Kwame Nkrumah called for it to be implemented straight away. Among his contemporaries were those with another school of thought, calling for a phased process. Neither happened, of course, and, for the Pan-Africanists at least, the continent remained a halfway house of former colonies within inconvenient colonial borders. No longer a girl, not yet a woman (to paraphrase American philosopher-singer Britney Spears).
This is not to say there was no de facto unity, at least on certain issues. Far from it. The AU’s forerunner, the Organisation of African Unity – which, with its early decision to uphold the colonial era borders, emerged as the physical expression of the “phased process” approach – became the forum where a number of key initiatives demonstrating a determination for united action among the continent’s leaders could be seen. The better-known among these was the decades-long campaigns against the stubborn colonial stain that held on in Southern and Western Africa, in the Portuguese colonies, as well as in the die-hard white settler “nationalism” isolated in the South. This included everything from diplomatic and political protests to sanctions and material support, including military training for Southern African nationalists.
Regional trade blocs were established in West, East and Southern Africa. Some states went further by actually intervening in regional conflicts. However, many more conflicts simply overran and made farcical any pretence towards mutual African respect. Key cases in point are the 1967-1970 civil war in Nigeria, which still poisons the politics of that country, the still ongoing Saharawi stalemate in Western Sahara against Morocco and Ethiopia’s four-sided wars from the early 1960s until 1990.
A key question then, now and in the proposed future is always going to be: What does the ordinary African get out of these arrangements?
“The most striking and frightening characteristic of all African governments is this: that without an exception, all of them are dictatorships, and practice such ruthless discriminations as to make the South African apartheid look tame…..I leave it to political scientists to explore and analyse this strange situation whereby independence means the replacement of foreign rule by native dictatorship,” wrote the legendary Ugandan poet Okot p’BItek in a 1968 article that may well have jeopardised his career, but certainly ruined his standing with the powers-that-were.
By way of an excuse, one could argue that these severely hampered aspirations, and the poet’s mockery of them, were the result of three things:
First, Cold War geopolitics overshadowed Africa’s entire post-independence period. There were intractable wars like the 1977-1978 Somalia versus Ethiopia conflict over the Ogaden region, which saw the Soviet Union first back Somalia against Emperor Haile Selassie’s forces, and then dramatically change sides when the “socialist” dictator Mengistu Haile Mariam deposed the Emperor. In Angola, an even more obvious proxy war was fought for nearly two decades between the superpowers, as Jonas Savimbi’s UNITA dueled with the MPLA government. In all these cases, interventions led to a prolongation of conflict, the entrenchment of authoritarian cultures and a sapping and stagnation of social and cultural energies.
Even Tanzania’s Julius Nyerere was obliged to remark that “there is no national economy at all!” when recounting the practical difficulties of establishing a fair trade regime after independence.
Second, there was global plunder – perhaps the whole point of the Cold War. This gave rise to opulent kleptocracies, such as Marshal Mobutu’s in Congo and Bedel Bokassa’s in the Central African Republic, as well as to pseudo-socialist regimes, such as Macius Nguema’s in Equatorial Guinea, in which impunity reigned as long as the backing superpower obtained the resources it craved. Such dictators recognised the strategic value in running their countries like personal fiefdoms with a disorganised, impoverished populace. The last thing they needed was a genuine move towards greater sharing of those resources, and the mutual accountability that this could entail, as could become the case under any Pan-African arrangement.
Third was the corpus of local interests, both formal and informal, legitimate and not, that naturally have built up in the interstices of whatever passes for “national” economies in each of our countries. For example, much as General Idi Amin took the historic blame (or at least most of it) for the collapse of the original East African Community, credible stories linger about how the road haulage businesses of local oligarchs in the region were certainly not hurt by the hobbling of the East African Railways system, and may even have encouraged it.
“The elites in each of these states really make money off gatekeeping – levying taxes off imports/exports and granting licences or concessions within defined areas. Belief in free and open markets is only skin deep,” tweeted Daudi Mpanga, a distinguished lawyer with extensive experience in corporate and political representation across East and Southern Africa, in a comment on AfCFTA.
But beyond the usual gatekeeping, there are genuine native business interests. For example, corporate interests entering Nigeria have to acknowledge the idiosyncrasies of the situation there and enter into accommodative arrangements with the well-established local business class. One corporation alone was able to post of $750 million in after-tax profits in 2007/8 out of this country-specific process. It is no coincidence that Nigeria was the one country where entrenched queries on AfCFTA have come from her business community.
What then is Pan-Africanism? And to what extent is any of AfCFTA actually new, or a departure from previous attempts at it?
Unity between what and whom, and over what?
If the idea is to unite African states, does this not really mean just amalgamating the interests of the various elites that run these states? If so, given the generally adversarial relationship such elites tend to have with their general populations (Exhibit A: virtually any general election on the continent), would this not result in a continent-wide elite conspiracy against the ordinary African?
As for the idea of bringing African economies together (of which veteran journalist Charles Onyango-Obbo cited the statistics approvingly: “African Continental Free Trade Area signed in Kigali will consolidate a market of 1.2 billion people & GDP of $2.5 trillion. Still 8 times smaller than USA’s GDP of $19.3 trillion [China’s $14.2 trillion), but it’s just what the doctor ordered!”), the question must be asked: Whose economies exactly are these?
A key pillar of the post-Cold War economic arrangements on countries with commend economies (typically, most of sub-Saharan Africa) was the World Bank conditionality that governments should surrender control over their central banks, which would be responsible for directing monetary policy. In practice, this means that on matters of “macro-economic stability” (a treasured goal), issues like currency pricing and supply are not determinable by the native government.
Long before that, there were already huge hurdles in place.
Many of the states created by France in West Africa serve as a particular case in point. Despite five decades of formal independence, they remain – by law, policy and sometimes armed force – wedded to the French economy and banking system through their regional currency zone know as African Financial Community (CFA) that was created in 1945.
A hugely under-reported detail of Uganda’s economic “Africanisation” policy under General Amin (better known as the mass expulsion of non-citizen Asians) was the reaction of the (mainly foreign) banks. Their agents crisscrossed the cities and towns, slapping foreclosure notices on many Asian-owned buildings to the effect that, as default was inevitable, the buildings became the property of the banks.
The idea of substantial “independent” Asian capital itself turned out to be partly a myth. Apart from debt to local banks, much of the loan capital coming from India, for example, was from banks themselves in quiet debt to Western banks.
Even Tanzania’s Julius Nyerere was obliged to remark that “there is no national economy at all!” when recounting the practical difficulties of establishing a fair trade regime after independence.
Then there is the issue of nativity, or origin. What will be defined as an “African” trading company, eligible to take advantage of the new free trade area? These are matters all trading blocs get concerned with. Companies in the United States domestic airline industry must be majority-owned by Americans, for example.
It was the “opening up” rules imposed by the European Union that enabled some European companies and China to domesticate themselves in places like Senegal and proceed to decimate the local fishing industry. If AfCFTA is to be fully implemented, the implication is that such a disaster would no longer be confined to the borders of the country concerned.
But taken as a whole, one can already see the armies of youthful hawkers flooding the traffic jams of the average African city who are part of a vast cheap distribution system for goods sent from China and elsewhere.
With better intra-continental communications (road, rail, air and electronic) no doubt some of our people will be able to use their celebrated “resilience” and “ingenuity” to see opportunities in these changes and make a new living from them. However, there is no guarantee that the larger free trade area will not simply become a bigger playground for the usual predatory economic forces from outside the continent.
Many of the states created by France in West Africa serve as a particular case in point. Despite five decades of formal independence, they remain – by law, policy and sometimes armed force – wedded to the French economy and banking system through their regional currency zone know as African Financial Community (CFA) that was created in 1945. France reportedly sits on the boards of two central banks in the region where it holds veto powers. Who then will the rest of Africa be integrating with: the West African states or the economic interests of France as hosted by those states?
Options
These are not new questions. And they all come down to what one understands Pan-Africanism to be. There are four basic options.
Cultural Pan-Africanism
It is not a widely acknowledged fact that most of Africa’s best and most audacious thinkers have come from the enforced diaspora. Marcus Garvey remained the most effective and far-reaching organiser of people of African descent globally, despite never having set foot in Africa. His thinking and work remain the kernel of all Pan-Africanist thought. There have been and remain many others: John Clarke, Marimba Ani (Dona Richards), Jacob Carruthers and John G. Jackson, to name a few.
In his fifteen years of research, the Afro-Caribbean writer Chancellor Williams concluded that the Africa of the 18th and 19th centuries was a product of a preceding collapse of a unified African civilisation centered on a Greater Egypt taking in Ethiopia, Kenya, Uganda and the Sudans, which left its people scattered, and somewhat disoriented, for nearly two thousand years before the rise of the then emerging European colonial project for which they became easy prey. He argues for the reconstitution of a Pan-Africanism premised on the reconstruction of those scattered cultures and a recognition of their underlying cultural unity. This basically means first doing away with the organisational logic of the current states, whether amalgamated or not.
Statist Pan-Africanism
This could also be termed Nkrumahist after its best-known active advocate. It was the vision of that cadre of nationalists of the late colonial period whose brand of nationalism took control of the colonial units at independence. It is completely premised on the notion of using these states as a primary building block of uniting the Africans into a new, modern identity and then propel them rapidly towards industrialisation and “development”.
To try and unite Africa while being hosted by a regime installed by Western interests will only lead to complicated intellectual gymnastics, such as presenting Uganda’s invasion and occupation of eastern DRC as an act of Pan-African solidarity.
This approach has pitfalls, as was exemplified by the 1990s Uganda-based Pan-African initiative under the management of the late Tajudeen Abdulraheem. To try and unite Africa while being hosted by a regime installed by Western interests will only lead to complicated intellectual gymnastics, such as presenting Uganda’s invasion and occupation of eastern DRC as an act of Pan-African solidarity.
Corporate Pan-Africanism
The 19th century European powers had already brought together vast areas of the continent into spaces ultimately answerable to one political and one economic authority. Between them, France and Britain created most of the countries that now wish to be part of AfCFTA. Many of the countries they founded started life as trading companies, and corporate profit-making has remained the essence of their utility to the West.
Ironically, there is little essential organisational difference between that model and the Nkrumahists: bring the Africans together under a new culture. In fact, the absence of the imperial overlord has worked to make these states more effective in cutting Africans off from one another, as the AfCFTA acknowledges in aspiration.
Even Tanzania’s one-language policy, so beloved of post-colonial state Pan-Africanists, started life with the then German colonisers, who thought that communicating in a multitude of languages was inefficient but did not believe that the African mind could master the supposed complexities of the German language.
The above-mentioned CFA zone, which brings together the economies of fourteen states in West and Central Africa that are answerable to France, is the living example of how “unity” does not necessarily mean being “united” and of why political independence does not necessarily lead to economic independence.
Peoples’ Pan-Africanism
Pan-Africanism from below. This, of course, means rejecting the colonial model and its offspring. It requires the development of linkages between peoples through their own knowledge, institutions and methods – linkages that are not mediated by the former colonial states. It is centred on the idea of bringing native knowledge (which is available free in the community) into the question of enhancing people’s lives through sustainable production, healthcare and teaching. It envisages interaction on a largely horizontal, community-to-community basis. For example, a fishing co-op in Nyanza should be able to carry out trade in dried fish in as far as Botswana without having it mediated through various ministries of health, trade and immigration because it holds the knowledge on how to preserve fish in ways perhaps not recognisable to the modern state.
Unfettered movement may end up meaning that citizens of poor African states simply decamp to those few states and cities where life is simply better.
As did Chancellor Williams, the late Professor Nabudere saw these modern states as a liability. Being heavily indebted, culturally Eurocentric, and having their key areas of policy dictated from abroad, he believed that these states were at best an irrelevance to this vision of Pan-Africanism and at worst a real obstacle, whether they manage to continue existing or not.
The need to do something
Africa’s challenges are stark, and real: water, food, security, conflict. Writing in the East African, Moses Gahigi provides details on the critical issues: youth unemployment and poverty, which are only set to grow: “According to the African Development Bank, about 13 million young people enter the labour market every year — the number is expected to reach 30 million annually by 2030 — yet only three million (about 33 per cent) are in salaried employment. The rest are either underemployed or in vulnerable employment — a situation some analysts have called ‘a ticking time bomb’ that is likely to go off if the situation is not reversed.”
Which brings us to the last point: goals and strategy.
Cue Osibisa
That excellent Ghanaian band of the 1970s once sang: “…Heaven knows where are going, we know we are; but we’ll get there, heaven knows how we’ll get there, we know we will.”
Is the purpose of Pan-Africanism to further integrate Africa into the global system or to make a break from it? There will have to be a lot more explaining about what a physically united Africa will or should do. Will it strive to leverage public debt, cheap labour and natural resources, as China has done, to become a global purveyor of loans and cheap goods? If so, does this not in fact mean merging the various foreign economies that the African states are merely hosting on behalf of (and under orders from) the Western-led global economic system? If that is the case, how does it improve Africa’s situation beyond being a mere appendage or extension of the global system?
Does this not also mean that we simply give the Africans the right to migrate to go and be poor somewhere else? Unfettered movement may end up meaning that citizens of poor African states simply decamp to those few states and cities where life is simply better. This is a reason why countries like Cuba and China have strict controls on the internal movement of their populations. Migrant workers in China are expected to return to their villages of origin once the contract is done. This seems to be a concern among those member states whose economies are doing somewhat better than the rest. They featured heavily among those countries less keen on signing the protocol on the free movement of people.
However, should our economic position indeed consolidate and improve, will it not ramp up our consumption, and add to the physical burden of the planet? For example, China’s prosperity has created a daily demand for fish from thirty million Chinese. This has contributed heavily to the ruin of fishing waters – and fishing communities – off the West African coast.
My own paranoid (my friends would say) suspicion is this simply allows for the creation of megacities into which the poor can be herded so as to free up the countryside for huge mechanised agribusiness transformations.
But, as the chicken’s fate showed, when you are being told there was a big meeting where all your concerns were answered, be sure to get each and every detail.
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Politics
Is Somalia’s Quest for Membership of the EAC Premature?
Somalia must first ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the East African Community.
The current members of the East African Community (EAC) are Tanzania, Kenya, Uganda, Rwanda, Burundi, and South Sudan. The Somali Federal Government, under the leadership of Hassan Sheikh Mohamud, has expressed a strong interest in joining the EAC, sparking questions among Somali citizens as to whether the country is ready to join such a large and complex regional bloc.
During President Hassan Sheikh Mohamud initiated Somalia’s pursuit of EAC membership during his previous term as a president from 2012 to 2017. However, little progress was made during his first term and, following his re-election, President Hassan reignited his pursuit of EAC membership without consulting essential stakeholders such as the parliament, the opposition, and civil society. This unilateral decision has raised doubts about the president’s dedication to establishing a government based on consensus. Moreover, his decision to pursue EAC membership has evoked mixed responses within Somalia. While some Somalis perceive joining the EAC as advantageous for the country, others express concerns about potential risks to Somalia’s economic and social development. President Hassan has defended his decision, emphasising that Somalia’s best interests lie in becoming a member of the EAC.
To assess Somalia’s readiness to join the EAC, the regional bloc undertook a comprehensive verification mission. A team of experts well versed in politics, economics, and social systems, was tasked with evaluating Somalia’s progress. The evaluation included a thorough review of economic performance, trade policies, and potential contributions to the EAC’s integration efforts. During this process, the team engaged with various government institutions and private organisations, conducting comprehensive assessments and discussions to gauge Somalia’s preparedness.
One of the key requirements for Somalia is demonstrating an unwavering commitment to upholding principles such as good governance, democracy, the rule of law, and respect for human rights. Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Successful integration into the EAC would not only elevate Somalia’s regional stature but would also foster deeper bonds of cooperation and shared prosperity among the East African nations. While this is a positive step towards regional integration and economic development, there are several reasons for pessimism about the potential success of Somalia’s membership in the EAC.
Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Somalia has faced significant challenges due to prolonged conflict and instability. The decades-long civil war, coupled with the persistent threat of terrorism, has had a devastating impact on the country’s infrastructure, economy, governance systems, and overall stability.
The following fundamental factors raise valid concerns about Somalia’s readiness to effectively participate in the EAC.
Infrastructure development
Infrastructure plays a critical role in regional integration and economic growth. However, Somalia’s infrastructure has been severely damaged and neglected due to years of conflict. The country lacks adequate transportation networks, reliable energy systems, and while communications infrastructure has improved, internet penetration rates remain low and mobile networks – which are crucial for seamless integration with the EAC – can be unavailable outside of urban centres. Rebuilding such infrastructure requires substantial investments, technical expertise, and stability, all of which remain significant challenges for Somalia.
Political stability and governance
The EAC places emphasis on good governance, democracy, and the rule of law as prerequisites for membership. Somalia’s journey towards political stability and effective governance has been arduous, with numerous setbacks and ongoing power struggles. The lack of a unified government, coupled with weak state institutions and a history of corruption, raises doubts about Somalia’s ability to meet the EAC’s standards. Without a stable and inclusive political environment, Somalia may struggle to effectively contribute to the decision-making processes within the regional bloc.
Economic development and trade
Somalia’s economy has been heavily dependent on the informal sector and faces substantial economic disparities. The country needs to demonstrate a vibrant market economy that fosters regional trade and collaboration, as required by the EAC. However, the challenges of rebuilding a war-torn economy, tackling high poverty rates, and addressing widespread unemployment hinder Somalia’s ability to fully participate in regional trade and reap the benefits of integration.
Security Concerns
Somalia continues to grapple with security challenges, including the presence of extremist groups and maritime piracy. These issues have not only hindered the country’s development but also pose potential risks to the stability and security of the entire EAC region. It is crucial for Somalia to address these security concerns comprehensively and to establish effective mechanisms to contribute to the EAC’s collective security efforts.
Economic Disparity and Compatibility
Somalia’s economy primarily relies on livestock, agriculture, and fishing, which may not align well with the more quasi-industralised economies of the other EAC member states. This mismatch could result in trade imbalances and pose challenges for integrating Somalia into the regional economy. For instance, according to the World Bank, Somalia’s GDP per capita was US$447 in 2021 whereas it is US$2081 for Kenya, US$1099 for Tanzania, and US$883 for Uganda. Furthermore, Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
This divergence in economic structures could lead to trade imbalances and impede the seamless integration of Somalia into the regional economy. The substantial economic gap between Somalia and other EAC member states suggests a significant disparity that may hinder Somalia’s ability to fully participate in the EAC’s economic activities. Additionally, Somalia has yet to demonstrate fiscal or economic discipline that would make it eligible for EAC membership. While Somalia has a functioning Central Bank and the US dollar remains the primary mode of financial transactions, the risk of integration lies with the other EAC members; cross-border trade would occur in an environment of instability, posing potential risks to the other member state.
Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
While these fundamental challenges remain, it is important to acknowledge the progress Somalia has made in recent years. This includes the gradual improvement in security conditions, the establishment of key governmental institutions, and the peaceful transfer of power. One can also argue that many of these fundamental economic, infrastructure, political instability, and security concerns exist across the East African Community. However, what makes Somalia unique is the scale of the challenges it faces today. Somalia has adopted a federal political structure, which has not worked well so far. This level of fragmentation and civil political distrust makes Somalia’s case unique. More than ever, Somalia needs meaningful political and social reconciliation before it can embark on a new regional journey.
The absence of an impact assessment by the relevant ministries in Somalia is alarming. Without this assessment, it becomes challenging to make informed decisions about the potential benefits of joining the EAC and the impact on our economy and society. Conducting this assessment should be a priority for Somalia’s ministries to ensure a comprehensive evaluation of the potential benefits and risks involved in EAC membership. Furthermore, President Hassan Sheikh Mohamud’s decision to pursue Somalia’s integration into the EAC lacks political legitimacy as a decision of this nature would normally require ratification through a popular vote and other legal means through parliament. The failure to achieve this could potentially allow another president in the future to unilaterally announce withdrawal from the EAC.
Fragile state of Affairs and internal disputes
The recent reopening of the Gatunda border post between Uganda and Rwanda after a three-year period of strained relations indicates a fragile state of affairs. The East African Court of Justice has ruled that Rwanda’s initial closure of the border was illegal, highlighting the contentious nature of inter-country disputes. Furthermore, Tanzania and Uganda have formally lodged complaints against Kenya, alleging unfair advantages in trade relations, and have even gone as far as threatening Kenya with export bans. These grievances underscore the underlying tensions and competition between member states, which could potentially hinder the harmonious functioning of the East African Community. These political and economic disagreements among member states increase the risks associated with Somalia’s membership. Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions. Joining the East African Community at this juncture carries the risk of being drawn into ongoing disputes and potentially being caught in the crossfire of inter-country rivalries.
Conflict in South Sudan
The prolonged conflict in South Sudan, which has been ongoing since its admission to the East African Community (EAC) in 2016, serves as a cautionary tale for Somalia. Despite the EAC’s efforts to mediate and foster peace in the region, the outcomes have been mixed, resulting in an unsustainable peace. This lack of success highlights the challenges faced by member states in resolving conflicts and maintaining stability within the community. Somalia must carefully evaluate whether its participation in the EAC will genuinely contribute to its stability, economic growth, and development, or if it risks exacerbating existing internal conflicts. Joining the community without a solid foundation of political stability, institutions, and peace could potentially divert resources and attention away from domestic issues, hindering Somalia’s progress towards resolving its own challenges. South Sudan’s admission to the EAC in 2016 was seen as a major step towards regional integration and stability. However, the country has been mired in conflict ever since, with two civil wars breaking out in 2013 and 2016. The EAC has been involved in mediation efforts, with mixed results.
Assessing Readiness
Somalia must evaluate the readiness of its institutions, infrastructure, and economy to effectively engage with the East African Community. Comprehensive preparations are crucial to ensure that joining the community is a well thought-out and strategic decision, rather than a hasty move that could further destabilise the nation. Somalia needs to assess whether its infrastructure, institutions, and economy are sufficiently developed to cope with the challenges and demands of integration. Premature membership could strain Somalia’s resources, impede its growth, and leave it at a disadvantage compared to more established member states.
Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions.
Somalia must ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the EAC. A phased approach that prioritises capacity building, institution-strengthening, and inclusive governance would enable Somalia to lay a solid foundation for successful integration and reap the maximum benefits from EAC membership in the long term. Failure to address these concerns would make Somalia vulnerable to exploitation and market monopolies by stronger economies, and could also risk a lack of seamless convergence for Somalia’s membership. While there is political will from EAC leaders to support Somalia’s membership, it is vitally important that they make the right decision for Somalia and the EAC bloc as a whole to ensure a successful integration. I believe that, at this juncture, the disadvantages of Somalia joining the EAC outweigh the benefits.
Politics
2023 Marks 110 Years Since the Maasai Case 1913: Does it Still Matter?
It was a landmark case for its time, a first for East Africa and possibly for the continent. A group of Africans challenged a colonial power in a colonial court to appeal a major land grab and demand reparations. They lost on a technicality but the ripple effects of the Maasai Case continue to be felt.
In the name Parsaloi Ole Gilisho there lies an irony. It was spelled Legalishu by the colonial British. Say it out loud. He gave them a legal issue, all right. And a 110-year-old headache.
This extraordinary age-set spokesman (a traditional leader called ol-aiguenani, pl. il-aiguenak) led non-violent resistance to the British, in what was then British East Africa, that culminated in the Maasai Case 1913. Ole Gilisho was then a senior warrior, who was probably in his mid- to late thirties. In bringing the case before the High Court of British East Africa, he was not only challenging the British but also the Maasai elders who had signed away thousands of acres of community land via a 1904 Maasai Agreement or Treaty with the British. This and the 1911 Agreement – which effectively rendered the first void – are often wrongly called the Anglo-Maasai Agreements. In Ole Gilisho’s view, and those of his fellow plaintiffs, these elders had sold out. The suit accused them of having had no authority to make this decision on behalf of the community. This represented a very serious challenge by warriors to traditional authority, including that of the late laibon (prophet) Olonana, who had signed in 1904, and died in 1911.
The British had expected the Maasai to violently rebel in response to these issues and to colonial rule in general. But contrary to modern-day myths that the Maasai fought their colonisers, here they resisted peacefully via legal means. They hired British lawyers and took the British to their own cleaners. Spoiler: they lost, went to appeal, and lost again. But archival research reveals that the British government was so convinced it would eventually lose, if the Maasai appealed to the Privy Council in London (they didn’t), that officials began discussing how much compensation to pay.
The facts are these. The lawsuit was launched in 1912. There were four plaintiffs, Ole Gilisho and three fellow Purko (one of the 16 Maasai territorial sections) Maasai. In Civil Case No. 91 they claimed that the 1911 Maasai Agreement was not binding on them and other Laikipia Maasai, that the 1904 Agreement remained in force, and they contested the legality of the second move. They demanded the return of Laikipia, and £5,000 in damages for loss of livestock during the second move (explained below). Ole Gilisho was illiterate and had never been to school. But he and his fellow plaintiffs were assisted by sympathetic Europeans who were angered by the injustice they saw being perpetrated against a “tribe” that British administrators conceded had never given them any trouble. These sympathisers included people who worked for the colonial government, notably medical Dr Norman Leys and some district officials, lawyers, a few missionaries, the odd settler, and a wider group of left-wing MPs and anti-colonial agitators in Britain.
What had led up to this? After the 1904 Agreement, certain groups or sections of Maasai had been forcibly moved from their grazing grounds in the central Rift Valley around Naivasha into two reserves – one in Laikipia, the other in the south on the border with German East Africa. The British had pledged that this arrangement was permanent, that it would last “so long as the Maasai as a race shall exist”. But just seven years later, the British went back on their word and moved the “northern” Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve. In all, it is estimated that the Maasai lost at least 50 per cent of their land, but that figure could be nearer 70 per cent. The ostensible reason for moving them was to “free up” land for white settlement – largely for British settlers but also for South Africans fleeing the Boer War (also called the South African War).
But just seven years later, the British went back on their word and moved the ‘northern’ Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve.
By the time the case came to court, Ole Gilisho had become a defendant, even though he was in favour of the plaint. So were at least eight other defendants. He had signed the 1904 Agreement, and now stood accused with 17 other Maasai of having no authority to enter into such a contract. The first defendant was the Attorney General. Ole Gilisho’s son-in-law Murket Ole Nchoko, misspelled Ol le Njogo by the British, and described as a leading moran (il-murran or warrior) of the Purko section, was now the lead plaintiff. The plaint was called Ol le Njogo and others v. The Attorney General and others.
Challenges facing the plaintiffs
Most Maasai were illiterate in those days, and this obviously placed them at a major disadvantage. They could not write down their version of events. They were forced to rely, in their dealings with officials and their own lawyers, upon translators and semiliterate mediators whose reliability was questionable. But it is evident, from the archival record which includes verbatim accounts of meetings between Maasai leaders and British officials in the run-up to the moves and case, that the level of verbal discourse was highly sophisticated. This comes as no surprise; verbal debate is a cornerstone of Maasai society and customary justice. Unfortunately, that alone could not help them here. They knew they needed lawyers, and asked their friends for help. Leys, who was later sacked from the colonial service for his activism, admitted in a private letter: “I procured the best one in the country for them.” This was more than he ever admitted openly.
Local administrators used intimidation and all kinds of devious means to try and stop the case. (I didn’t come across any evidence that the Colonial Office in London sanctioned this; in fact, it ordered the Governor not to obstruct the main lawyer or his clients.) They allegedly threatened Ole Gilisho with flogging and deportation. They threatened and cross-questioned suspected European sympathisers, including Leys and the lawyers. They banned Maasai from selling cattle to raise the legal fees, and placed the Southern Reserve in continuous quarantine. It was hard for the plaintiffs, confined to a reserve, to meet their lawyers at all. At one point, lawyers were refused passes to enter the reserve, and their clients were prevented from leaving it.
We hear Ole Gilisho’s voice in the archival record. Forced to give a statement explaining his actions to officials at Enderit River on 21 June 1912, when asked if he had called Europeans to his boma, he replied: “Is it possible for a black man to call a white man?” He denied having called the Europeans (probably lawyers or go-betweens), saying they had come to him. Leys later explained to a friend that Ole Gilisho had probably been “terrified out of his wits”, and hadn’t meant what he said.
What happened in court
The case was thrown out when it first came before the High Court in Mombasa in May 1913. The Maasai appealed, and that is when the legal arguments were fully aired by both sides – lawyers for the Crown and the Maasai. The appeal was dismissed in December on the grounds that the plaintiffs’ claims were not cognisable in municipal courts. The two agreements were ruled not to be agreements but treaties, which were Acts of State. They could not, therefore, be challenged in a local court. It was impossible for the plaintiffs to seek to enforce the provisions of a treaty, said the judges – “The paramount chief himself could not bring such an action, still less can his people”. Claims for damages were also dismissed.
The Court of Appeal’s judgement centred on the status of a protectorate, in which the King was said to exercise powers granted to him under the Foreign Jurisdiction Act of 1890. Irrational as it sounds, the Crown claimed that British East Africa was not British territory, and the Maasai were not British subjects with any rights of access to British law, but “protected foreigners, who, in return for that protection, owe obedience” to the Crown. As Yash Pal Ghai and Patrick McAuslan later put it, when discussing the case in a 1970 book: “A British protected person is protected against everyone except the British.” On the plus side, the judges ruled that the Maasai still retained some “vestige” of sovereignty. (The Maasai’s lawyer argued that they did not.) This triggered later moves by Maasai politicians, in the 1960s, to float the idea of secession from Kenya and the possible creation of a sovereign Maasai state. John Keen had threatened this in 1962 at the second Lancaster House Conference in London, attended by a Maasai delegation.
Alexander Morrison, lawyer for the Maasai, argued that British rule and courts were established in the protectorate, which had not been the case 30 years earlier. The Maasai were not foreigners but equal to other British subjects in every way. The agreements were civil contracts, enforceable in the courts, and not unenforceable treaties. If one took the Crown’s claim about Acts of State to its logical conclusion, he argued, a squatter refusing to leave land reserved for the Maasai could only be removed by an Act of State. None of his arguments washed with the judges. (See my 2006 book Moving the Maasai for a fuller account.)
Morrison advised his clients to appeal. It seems they couldn’t raise the funds. However, oral testimony from elders reveals a different story: Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea. This is impossible to verify, but it rings true.
In an interview carried out on my behalf in 2008 by Michael Tiampati, my old friend John Keen had this to say about the outcome of the case: “If the hyena was the magistrate and the accused was a goat, you should probably know that the goat would not get any form of justice. So this is exactly how it was that the Maasai could not get any fair justice from British courts.”
Contemporary African resistance
Unbeknown to the Maasai, there was growing anti-colonial resistance in the same period in other parts of Africa. All these acts of resistance have inspired African activists in their continuing struggles. To mention a few: the Chilembwe rebellion in Nyasaland, now Malawi (1915); the Herero revolt in German South West Africa, now Namibia (1904–1908); resistance in present-day Kenya by Mekatilili wa Menza (largely 1913-14); the First Chimurenga or First War of Independence in what is now Zimbabwe (1896–1897); and the Maji Maji rebellion in German East Africa, now Tanzania (1905–1907). But none of these rebellions involved lawsuits. The closest precedent may have been R vs Earl of Crewe, Ex-parte Sekgoma in 1910. Chief Sekgoma, who had been jailed by the British in the Bechuanaland Protectorate (now Botswana) after many attempts to remove him as chief, instructed his lawyer to bring a writ of habeus corpus against the Secretary of State for the Colonies, Lord Crewe. He demanded to be tried in an English court, refusing an offer of release on condition that he agrees to live in a restricted area of the Transvaal. The suit was dismissed, the court ruling that the King had unfettered jurisdiction in a protectorate, and his right to detain Sekgoma was upheld. Sekgoma apparently said: “I would rather be killed than go to the Transvaal. I will not go because I have committed no crime – I wish to have my case tried before the courts in England or else be killed.” Freed in 1912, he died two years later.
Enduring myths
The case, and other key events in early twentieth century Maasai history, have given rise to several myths. They include the idea that the stolen land should “revert” to the Maasai after 100 years, but that was not stated in the 1904 Agreement, which was not limited in time, was not a land lease, and has not “expired” as many people claim. Neither agreement has. Keen knew this, but nonetheless called for the land to “revert”. Other myths include the idea that Olonana’s thumbprint was placed on the 1911 Agreement posthumously, and it must therefore be invalid. But neither his thumbprint nor name are on the document, which was “signed” by his son Seggi. Anyhow, Olonana was a key ally of the British, who had no reason to kill him (which is another myth).
The original of the 1904 Agreement has never been found, which has led some Maasai to believe that it never existed and therefore all the land must be restored and compensation paid for its use to date. There may be sound legal arguments for restorative justice, but this is not one of them. These myths are ahistorical and unhelpful, but may be understood as attempts to rationalise and make sense of what happened. Some activists may wish that the Maasai had resisted violently, rather than taken the legal route. Hence the insistence by some that there was a seamless history of armed resistance from the start of colonial rule. Not true. There are much better arguments to be made, by professional lawyers with an understanding of international treaty rights and aboriginal title, which could possibly produce results.
Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea.
Where does all this leave the Maasai today? Over the years, there has been much talk of revisiting the case and bringing a claim against Britain (or Kenya) for the return of land or reparations for its loss. None of this has resulted in concrete action. I attended a planning workshop in Nairobi in 2006 when plans were laid for a lawsuit. VIPs present included the late Ole Ntimama, scholar Ben Kantai and John Keen. Keen declared, with his customary flourish, that he would stump up a million shillings to get the ball rolling. I don’t know how much money was raised in total, but it disappeared into thin air. As did the lawyers.
Leading lawyers have advised that too much time has passed, and (unlike the successful Mau Mau veterans’ suit) there are no living witnesses who could give evidence in court. It is unclear whether the agreements still have any legal validity. The British government might argue, as it previously has, including in response to my questions, that it handed over all responsibility for its pre-1963 actions to the Kenyan government at independence. This is a ludicrous argument, which is also morally wrong. Former colonial powers such as Germany have accepted responsibility for historical injustices in their former colonies, notably Namibia. Has the time come for Ole Gilisho’s descendants to call a white man to court?
Politics
Who Is Hustling Who?
In Kenya, political elites across the spectrum are trying to sell off the country for themselves—capitulation is inevitable.
My drive to Limuru happened on the first Wednesday (July 19) of the protests. Everything was eerily quiet, Nairobi, renowned for its traffic jams, was quiet. Matatus and buses were parked in their hubs. Shops and stalls were closed. Even the hawkers that dot the roads and highways stayed home. Save for the heavy police presence everywhere, it felt like the country had come to a standstill.
We got to Kangemi shortly after the police had shot and wounded two protestors—the road was strewn with stones and armed riot police huddled by the side of the road waiting for the next wave of attacks that never came. In the end, six people would be shot to death throughout the country, and countless were injured and arrested. Coming from the US, where police arrest protestors and shoot black people, there were no surprises here. The US can hardly be the standard of good policing or democratic practices, but the lives lost simply for asking the government to center the people in its economic planning seemed especially cruel.
But it was the emptiness of the roads that made the whole drive eerie. Perhaps I was refracting what was happening in Kenya through what followed the 1982 coup in which 240 people were killed; or the ethnic clashes of the 1990s that culminated in the 2007 post-election violence. Yet, there was a general agreement among people that there was something different about the Kenya of today—that something was already broken and the nightmares to come were slowly but surely revealing themselves—like a bus carrying passengers and the driver realizing the brakes were out just as it was about to descend a steep hill.
Voting with the middle finger
But all this was predictable. President Ruto has been a known quantity since the 1990s when he led the violent Moi youth wingers. He and his running mate and later president, Uhuru Kenyatta, were brought in front of the ICC to face charges of crimes against humanity following the post-election violence in 2007. Some key witnesses disappeared and others were intimidated into silence. Who in their right mind gives evidence against those in control of the state? The ICC was already discredited as being Western-crimes-against-humanity friendly (the US has never been a signatory rightly afraid its former presidents, such as George Bush, would be hauled before the court). The ICC eventually withdrew the case in March 2015.
I kept asking everyone I met, why was Ruto voted in spite of his history? The answers varied: He rigged the elections; he did not rig and if he did, he only managed to be better at it than Raila Odinga; he appealed to the youth with the idea of building a hustler nation (what a telling term); the Kikuyus have vowed never to have a Luo president and therefore opted for Ruto who is Kalenjin as opposed to Odinga who is Luo.
I sat with older Kikuyu men in the little Nyama Choma spot in Limuru Market and they talked about a generational divide between the Kikuyu and youth (Ruto) and the elderly Kikuyus (Odinga). But the one I heard over and over again was that Kenyans are tired of the Kenyatta and Odinga political dynasties. As one Trump supporter was to say, they voted for him with the middle finger. And so, the Kenyans who voted for Ruto were giving a middle finger to the Kenyatta, Moi and Odinga political dynasties. But no one had really expected buyer’s remorse to kick in one year into the Ruto presidency.
I also asked about Odinga’s protests: what was the end game? One theory is that he was looking at power-sharing, having done it once before, following the 2007 elections. In our shorthand political language, he was looking for another handshake. Some said the people have a right to protest their government, and he is simply asking the government to repeal the tax hikes and reinstate the fuel subsidies. Others believed that he wants to be a genuine and useful voice of opposition for the good of the country and its poor.
My own theory is that he is attempting a people-powered, centered, democratic, and largely peaceful takeover—where people take to the streets to overthrow an unpopular government. We saw this in Latin America in the 2000s. In response to Odinga’s absence during the three days of protests (he was sick), some leaders in his Azimio party have started using this language. The only problem with this strategy is that the sitting government has to be wildly unpopular. Ruto still has a lot of support, meaning that he does not have to compromise or give up power. It was to my mind turning into a stalemate and I was worried that the state would respond with more state-sponsored violence.
But real economics broke the stalemate. In a country where people are barely surviving and the majority are poor without savings to rely on, or relatives to reach out to for help, the hawkers, small stall and shop owners simply went back to work. In other words, those that would have been hurt the most by three days of protests (a day at home literally means a day without food for the family) simply went back to work, and the matatus and buses hummed back to life, slowly on Thursday and full throttle by Friday.
Saturday around Westlands might as well have been as busy as a Monday as people overcompensated for lost time to either sell or shop. If the protests were going to succeed the opposition (composed of some of the wealthiest families in Kenya, including Odinga’s) really should have thought about how best to protect those who would be the most affected. They should find legal and innovative ways to put their money where their political mouths are.
Cuba as Kenya’s north star
Odinga had to change tactics and called for a day of protest against police violence instead of three-day weekly protests in perpetuity. He is now in danger of turning into a caricature of his old revolutionary self and becoming an Al Sharpton, who instead of protesting the American government for the police killings of black people, protests the police themselves leaving the government feeling sanctimonious. Obama or Biden could weigh in, in righteous indignation without offering any real change (remember Obama’s emotional pleas over gun shootings and police shootings as if he was not the one occupying the most powerful office in the US)?
The one question that keeps eating at me is this: why is the most apparent outcome at the time a surprise later? Ruto was always going to sell off Kenya with a percentage for himself and his friends. Odinga was always going to capitulate. The end result is that the Kenyan bus will continue to careen on without brakes. So, what is to be done?
I was in Cuba earlier this year. I got a sense of the same desperation I felt in Kenya but the difference is Cubans have free access to healthcare, education, housing, and food security. They have free access to all the things that make basic survival possible. Before calling for the tax hikes and cutting fuel subsidies might it not have been more prudent to have a safety net for Kenyans? Would that not have been the most logical thing? But of course not, Ruto is acting at the behest of the IMF and big money. Ruto has learned the art of pan-African political rhetoric. Abroad he can call for a different non-US-centered economic system and castigate the French president over paternalism but at home, his politics are hustler politics.
Life in Cuba is difficult, as a result of relentless sanctions from the US, but it is far from impossible. It remains the north star for those who understand discussions around fundamental change as the only starting point. We can have arguments about the nature of those fundamental changes, but we can all agree we should not be a country where one family, say the Kenyatta family, owns more than half a million acres of land. Or where, as Oxfam reported, four individuals hold more wealth than that held by 22 million Kenyans. The kind of politics that begin with a necessity for fundamental change will obviously not come from Ruto.
But one hopes it can still come from the Odinga camp. Or even better, from a genuinely progressive people-powered movement that has inbuilt questions of fundamental change in its political, economic, and cultural platform.
In spite of the empty roads, Limuru Market was thriving and Wakari Bar kept its reputation as one of the best places for Nyama Choma and for lively political conversations. People are paying attention, after all, it is their lives and livelihoods on the line. Politicians, especially those in the opposition and the political left should listen as well.
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This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site every week.
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