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MOTHER OF THE NATION: The spear has fallen

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In this third and final part of a three-part series, ISAAC OTIDI AMUKE revisits the funeral of Winnie Madikizela Mandela, the Mother of the South African Nation who defied both apartheid and patriarchy till her dying days. The eulogies paint a picture of woman with a fighting spirit who served as an enduring inspiration to her people.

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maWinnie: Lessons in Feminist Approaches to Storymaking
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April 2018

‘‘She talked about forgiveness, and it’s one of those things that whenever she spoke about, she would have tears in her eyes but the tears wouldn’t roll down her face,’’ Zodwa Zwane, Winnie Madikizela-Mandela’s personal assistant, stated in her eulogy on April 11, 2018, during an ANC memorial service at Orlando Stadium in Soweto, Johannesburg. ‘And she would say Zodwa, I don’t have tears anymore. I have felt pain up to the highest threshold.’’

Seth Mazibuko, who was the youngest member of the Student Action Committee that led the Soweto students’ uprising starting in June 1976 – which resulted in the killing of hundreds of students by apartheid police (estimates range between 176 and 700 deaths, with over 1,000 injured) – said that Madikizela-Mandela was an eternal source of strength to his generation. He recalled that fateful 16th of June 1976 when school children were shot by apartheid police for participating in a protest against the introduction of Afrikaans as the official language of instruction in schools. Madikizela-Mandela – driving a maroon Volkswagen Beetle – and journalist Sophie Tema – driving a white Volkswagen Beetle – rushed to the scene and ferried the dead bodies of the massacred children away. Among those killed was 12-year-old Hector Pieterson who became the face of the uprising when the photo of 18-year-old Mbuyisa Makhubu carrying a fatally shot Pieterson was widely circulated across the world.

Mazibuko credits Madikizela-Mandela with admitting him into a proper psychiatric hospital after he was released from prison at the time when he was suffering from post-traumatic stress disorder (PTSD). He says that decision alone – of getting him proper medical care – could only be taken by someone who truly cared for him. Madikizela-Mandela taught him how to cook, as well as reprimanded Mazibuko whenever he transgressed.

‘‘The saddest part of the news of her passing is that it has happened at a time when we needed the energy and gallant spirit of a mother of the nature and stature of Mama Winnie,’’ Mazibuko stated. ‘‘Some of us in the struggle are still hurting. We needed the motherly side of Mama Winnie that would urge us to keep going. We needed a voice as strong as that of Mama at this time when the ANC is talking of renewal and unity.’’

People like Mazibuko had not just lost a leader, but a mother-figure as well. When he was sent to prison at Robben Island aged 16, it was Madikizela-Mandela who went out of her way to look after his own mother. There were many more instances where Madikizela-Mandela went above and beyond the call of duty to assist. That being said, it wasn’t lost on Mazibuko that there were sustained onslaughts to isolate and discredit Madikizela-Mandela as she fought apartheid and even after the ANC assumed power in 1994.

‘‘There is no struggle that is clean,’’ Mazibuko said. ‘‘The struggle was conducted on the dirty streets of Soweto, and here was someone willing to fold her sleeves and get her hands dirty. When other people were in exile, it was Mama who kept us together. When freedom came, she never enjoyed it. She was pushed away. We owe her an apology before we say ashes to ashes.’’

Tokyo Sexwale, the former Premier for Gauteng province, the Minister for Human Settlements and an ANC liberation stalwart, was the only person who had lived in the same house with Madikizela-Mandela before being jailed at Robben Island in 1977, where he served 13 years after being convicted for terrorism and conspiracy to overthrow the apartheid government. Sexwale had taken shelter at Madikizela-Mandela’s Soweto residence as a 17-year-old ANC activist, a home where he stayed in for three years before embarking on Ukhonto we Sizwe activities, which landed him in jail. On arriving at Robben Island, Sexwale said that the prison’s most famous detainee, Nelson Mandela, wanted to know every little detail about life in his Soweto home, asking about his wife and two children – how they dressed, how each of the kids performed at school, how they coped with his absence – information Sexwale readily volunteered.

‘‘There is no struggle that is clean,’’ Mazibuko said. ‘‘The struggle was conducted on the dirty streets of Soweto, and here was someone willing to fold her sleeves and get her hands dirty. When other people were in exile, it was Mama who kept us together. When freedom came, she never enjoyed it. She was pushed away. We owe her an apology before we say ashes to ashes.’’

‘‘I saw with my own eyes the torture, the humiliation by the police who came in to break things, to take clothes off the laundry line and throw them into the rubbish dump… and she would go and pick them up and wash them all over again with tears in her eyes,’’ Sexwale recalled. ‘‘I saw the tears of joy whenever it was time to visit Mandela at Robben Island and the tears of sadness whenever she returned from Robben Island. I saw the police slapping her. I saw them calling her bitch in her own house.’’

‘‘When they slapped her she fought back,’’ Sexwale continued. ‘‘They would hit her with fists and whenever I tried getting up to intervene they would kick me. And the children, Zenani and Zindzi, would be there from time to time whenever they were back from school in Swaziland. Then on the night they came to take her away for detention, she was kicking and screaming, telling the men that the things they were doing to her wouldn’t stop her people’s liberation.’’

‘‘No person should go through the life of Winnie. Let alone a woman, a mother,’’ Sexwale said of Madikizela-Mandela on April 2. ‘‘We have lost one of our best. Winnie was like a candle caught in the crosswinds. She was an indefatigable person, a fighter and a defiant resistor to the end. She even refused – when I spoke to her last week – to have a wheelchair. She would not succumb. She was defying gravity. The nation has lost a heroine… one of our best… a mother not only to her two daughters but a mother to the nation of our unwashed masses….’’

ANC Deputy Secretary General Jesse Duarte – who is the only woman serving as a member of the party’s ‘‘top six’’ officials – remembers Madikizela-Mandela as nothing but a nurturer, a mother to whoever needed one. No child who needed a place to stay was ever turned away from Madikizela-Mandela’s home, and whenever anyone was arrested, Madikizela-Mandela made sure their families were taken care of and lawyers were hired for them. When Duarte was released from prison in 1988, where she was detained without trial for close to a year, she first stopped to see Albertina Sisulu, the struggle stalwart and wife of Walter Sisulu, who had recruited her into the ANC back in 1979 when she was 26. Her next stop was the Soweto home of Madikizela-Mandela, who told her that now that she was back from prison it was time to recommit to the liberation struggle because the difficult work they had started was not yet complete.

‘‘Comrade Winnie Mandela is the Winnie Mandela of the people of Ivory Park, the Winnie Mandela of the people of Slovo Park,’’ Duarte eulogised Madikizela-Mandela on April 11. ‘‘She is the Winnie Mandela of the poor, the Winnie Mandela of the working classes of this country. She gave everything she had. She kept very little for herself and her family. She gave us her life, her commitment. She never betrayed our struggle. She did not betray the revolution….’’

Speaking at the United Nations headquarters in New York on April 4, former South African Vice President (to Thabo Mbeki), UN Under Secretary-General and Executive Director of UN-Women, Dr. Phumzile Mlambo-Ngcuka, elaborated on how and when Madikizela-Mandela was christened Mother of the Nation, and why she was enormously deserving of the reputable title.

‘‘She believed she was a rock, and therefore she had to be there for people to lean on her,’’ Dr. Mlambo-Ngcuka said. ‘‘She fought a system that was brutal, and the fact that she was defiant at every turn gave many of us the courage to fight back in our own small ways because we had this larger-than-life personality who was leading from the front. She was not the wife of an icon. She was an icon in her own right, standing next to another icon.’’

‘‘For decades when we couldn’t relate to the leaders,’’ Dr. Mlambo-Ngcuka continued, referring to top ANC leaders who were either in jail, underground or exiled, ‘‘she was the go-to person who helped glue the different groupings in the country together. That is why she was called Mother of the Nation…She will be solely remembered as a gallant fighter against apartheid who fought for women, fought for her community and fought for the oppressed people. Period.’’

‘‘She believed she was a rock, and therefore she had to be there for people to lean on her,’’ Dr. Mlambo-Ngcuka said. ‘‘She fought a system that was brutal, and the fact that she was defiant at every turn gave many of us the courage to fight back in our own small ways because we had this larger-than-life personality who was leading from the front. She was not the wife of an icon. She was an icon in her own right, standing next to another icon.’’

One group which understood what Madikizela-Mandela’s motherhood and nurturing side felt like was the then expelled leadership of the ANC Youth League, among them Julius Malema and Floyd Shivambu, the duo which went on to become president and deputy president of the Economic Freedom Fighters (EFF). On learning of their expulsion from the party for supposed ill discipline in their push for a radical economic transformation agenda, the expellees’ first stop was the Soweto home of Madikizela-Mandela, who embraced and comforted them. Much as the group went ahead to form a political party that became a sharp thorn in the ANC’s flesh, Madikizela-Mandela maintained a very public, uninhibited motherly attitude towards them.

During the 2017 doctorate graduation ceremony of MP and EFF spokesperson Mbuyiseni Ndlozi, Madikizela-Mandela, who was in attendance, congratulated ‘‘her boys’’ in her usual joking manner, telling them that ever since they went to parliament they had been doing exactly what she had asked them to go and do. Madikizela-Mandela spoke of how she had told the EFF to go and wake the ANC up, since the liberation movement was sleeping. ‘‘You have done a better job because no parliamentarian sleeps anymore,’’ a jovial Madikizela-Mandela said to enormous applause. ‘‘Everyday you insult us, you are doing exactly what I sent you to do in parliament.’’

In their condolence message to the Mandela and Madikizela families – typed in their characteristic red ink – the EFF castigated the ANC for denying South Africa its first woman president. This was in reference to the December 1997 ANC Mafikeng elective conference, where Madikizela-Mandela intended to offer herself for election as the party’s deputy president to Thabo Mbeki, a move which could have seen her rise to the country’s presidency post-Mbeki.

The bottleneck was that Madikizela-Mandela had not been nominated by ANC branches before the conference, as was procedure, meaning she needed a nomination from the floor of the conference backed by 25% of delegates. Madikizela-Mandela requested Mbeki, who was chairing the session – flanked by Jacob Zuma on his right and Nelson Mandela on his left – to briefly adjourn the conference so that she could speak to delegates and get her nomination on course, something Mbeki called canvassing. Mbeki declined to adjourn, leaving Madikizela-Mandela with no choice but to quash her ambition. Jacob Zuma was elected ANC deputy president unopposed, setting on course his future disastrous presidency.

Yet when Mbeki and his friend-turned-foe Jacob Zuma were threatening to tear the ANC apart during the party’s 2007 Polokwane elective conference – which they eventually did following Mbeki’s defeat and subsequent recall as president of South Africa – it was Madikizela-Mandela who summoned the moral courage before the conference and confronted the two men, asking them to shelve their ambition for the ANC presidency and instead settle for a compromise candidate, an initiative which bore no fruit, seeing that the livid duo was keen on going all the way. As she spoke to the two men, Madikizela-Mandela reported that they both used one phrase in reference to each other – ‘‘Mama, you don’t know that man.’’ It took a decade after Jacob Zuma’s 2007 election as ANC president in Polokwane for the party to regain a semblance of unity following the December 2017 Nasrec elective conference where Cyril Ramaphosa was elected ANC president, leading to the recall of a stubborn Jacob Zuma, who had hugely dented the party.

Asked how Madikizela-Mandela should to be remembered during an April 6 interview, Thabo Mbeki ardently pushed the argument that it was ill-advised to single out personalities and celebrate them as individuals, when in fact they had been part of a collective. Mbeki insisted that Madikizela-Mandela was part of the liberation effort, and that she should therefore be remembered in that context – as one in the midst of many. He seemed to be making the argument that even if individual members of the movement – like Nelson Mandela – had previously been celebrated as icons in their own right on the occasion of their passing, then it was time to change that culture. It appeared the former president feared that Madikizela-Mandela was about to be lionised. Unfortunately for Mbeki, there was never going to be moderation in the remembrance of the Mother of the Nation, a nation extending beyond South Africa’s borders.

Mbeki’s perception of Madikizela-Mandela as an attention-seeker is best illustrated by an incident during the 25th anniversary of the 1976 Soweto students uprising in 2001. Mbeki, at the time South Africa’s president, had already arrived at the anniversary celebrations when Madikizela-Mandela made her late entry. Amid cheers from the crowd, Madikizela-Mandela walked up to the high table where she went to hug Mbeki, who while declining the hug, knocked Madikizela-Mandela’s cap off her head, an act Mbeki says was accidental.

‘‘She did something wrong… she liked arriving at meetings late, deliberately… in order to get applause,’’ Mbeki said of the incident. ‘‘She comes in alone, and people’s attention is drawn away from the person speaking… she did that systemically. So when she came on stage and wanted to embrace me I told her you can’t do wrong things like that repetitively.’’  His remarks attracted the wrath of Madikizela-Mandela’s supporters, coming as they did just days after her passing.

The irony of the whole situation is that during the anti-apartheid struggle, when the ANC leadership was either exiled in Zambia or imprisoned, it was Mbeki and other ANC intellectuals who made a conscious decision to settle on Nelson Mandela as the face of the movement, a choice hugely influenced by the fact that Mandela’s wife had built her own larger-than-life profile as a revolutionary who was constantly targeted by the apartheid regime. For Mbeki and his comrades, pairing the profiles of Nelson Mandela and that of Madikizela-Mandela was an act of genius, Mandela having served 27 years in prison and Madikizela-Mandela having become the globally renowned liberation stalwart and persecuted wife of the long-serving prisoner. While it suited the ANC to exploit Madikizela-Mandela’s “Mother of the Nation” stature, she was also isolated and labelled as an ill-disciplined disruptor when it was convenient, especially when she posed a direct political threat to the powers-that-be within the organisation.

The irony of the whole situation is that during the anti-apartheid struggle, when the ANC leadership was either exiled in Zambia or imprisoned, it was Mbeki and other ANC intellectuals who made a conscious decision to settle on Nelson Mandela as the face of the movement, a choice hugely influenced by the fact that Mandela’s wife had built her own larger-than-life profile as a revolutionary who was constantly targeted by the apartheid regime.

Mbeki may or may not have an axe to grind with Madikizela-Mandela or her legacy – and he recently stated that he and Madikizela-Mandela had a cordial relationship despite the mishaps – but what remains clear is that theirs could be a manifestation of the divide between forces on the ground, as represented by Madikizela-Mandela and Chris Hani, and the top exiled ANC leadership, as represented by Mbeki – two groups who hugely contributed to the struggle but who seemed to look at the frontline from different prisms.

The ANC has always refuted the perception that its ranks are split into three: the Robben Islanders, constituting Nelson Mandela and his Rivonia trial comrades; the external exiles, consisting of the likes of Mbeki; and the in-xiles (internal exiles) consisting of the likes of Madikizela-Mandela. The jury is still out on these divisions.

Mbeki had wanted to join the Umkhonto we Sizwe fighting force after his undergraduate studies, but ANC president O.R. Tambo declined his request, insisting that Mbeki needed to return to Sussex University to pursue his Masters degree. Much as Mbeki would later undergo military training in Moscow, where he and Chris Hani marked their 28th birthdays together, he would remain an intellectual and ideologue within the ANC, never a gun-carrying fighting cadre. On the other hand Chris Hani and Madikizela-Mandela commanded ground forces. This in turn set the stage for the grouping of perceived militants like Hani and Madikizela-Mandela on one side, and supposed moderates like Mbeki on the other, which affected how they related with each other within the organisation.

****

‘‘I am not used to hearing such nice things being said about me,’’ Madikizela-Mandela said on the occasion of her 80th birthday in September 2017 as she entered the Johannesburg venue of the gala. ‘‘I am one of the lucky few to be told such heartwarming things when I am still alive.’’

Historically, the African liberation struggle – in all its forms and shapes – has been a highly patriarchal affair, both by design and by default that seeks to quarantine and limit women. The rise of Winnie Madikizela-Mandela from Nelson Mandela’s wife to a tour de force within the ANC and beyond should be viewed in the context of an African woman beating not only her cultural and societal inhibitions, but going ahead to challenge – head on – the oppressive white occupational state which even the men in her midst who had all the privileges patriarchy afforded them found hard to confront. Madikizela-Mandela first defied patriarchy, before proceeding to defy apartheid. According to South African feminist writer and journalist Gail Smith, in the final analysis, Madikizela-Mandela won the battle against apartheid but she lost the fight against patriarchy, which reared its ugly head even in her death.

Young women across the world have pushed back on Madikizela-Mandela’s demonisation and retold her story – warts and all. Standing outside Madikizela-Mandela’s Soweto home, Cape Town’s executive mayor Patricia de Lille was overcome by emotion as she spoke to a reporter after viewing Madikizela-Mandela’s body, which was brought back to the residence that April 13 evening, where it spent the night before burial the following day.

‘‘It’s really hit me now… because the whole week, two weeks, you know you still hope… and you know we prayed for her… she’s our mother…’’ de Lille said, unable to weave words together, teary eyed, her voice shaking with palpable grief. ‘‘You know she’s no more and her memory will live with us,’’ de Lille continued after regaining composure. ‘‘But we must continue to put up the fight for the poor, the landless, the homeless, because that’s what Mama lived and died for. When I saw her tonight for the last time I recommitted myself to that path of making sure that there are more people in our country who must taste the fruits of freedom and not just a few. That has always been the dream of Mama.’’

De Lille, who was reportedly in trouble with her party, the Democratic Alliance (DA), for choosing to attend a memorial service for Madikizela-Mandela organised by her party’s rival, the Economic Freedom Fighters (EFF), next to the Brandfort house where Madikizela-Mandela was banished in 1977, had retorted that in African culture, when a mother died, it was mandatory for one to go and pay one’s respects. She referred to Madikizela-Mandela as her sister, mother and comrade. She didn’t need to ask anyone for permission to mourn, De Lille said.

‘‘The violence and the torture just made her more resolute,’’ de Lille continued. ‘‘Later she was saying there’s no more pain left and there’s no more fear left but at the same time she was a very soft person, with a heart of gold. We could come to her at anytime. If I just wanted to let off whenever I questioned myself whether it’s worth it to carry on with the struggle, I used to come here and spend hours with Mama and by the time I left I just knew I couldn’t give up. I had to continue. Now that she is no longer there we all have to commit ourselves to work even harder to make sure we look after the poor of this country… tonight I can feel that I have seen her for the last time, but she taught us to never give up… to press on… press on… press on… and that is what I will continue to do.’’

‘‘The violence and the torture just made her more resolute,’’ de Lille continued. ‘‘Later she was saying there’s no more pain left and there’s no more fear left but at the same time she was a very soft person, with a heart of gold.”

Barely an hour after Madikizela-Mandela’s body returned to Soweto, a high-level memorial event attended by UN Secretary General Antonio Guterres was held at the United Nations in New York. The words of Cuba’s Permanent Representative to the UN, Ambassador Anayansi Rodriguez Camejo, possibly captured best the collective mood and sentiment of the evening:

‘‘The Apostle of our independence Jose Marti said, ‘Death is not true when the work of life has been fulfilled.’ Winnie was and is living history. She was Nelson’s voice on the streets of her country and around the world when he was imprisoned by the apartheid regime…Her spirit of resistance earned her admiration from honourable people but also the fear of her enemies who could never bring her to her knees. She has been rightly called the Mother of the South African Nation, but she was more than that. Her motherly embrace transcended the borders of her homeland because with the victory of the South African people over apartheid Africa was reborn… Winnie is the expression of the rebellious and fearless spirit of all African women.’’

Asked why it was imperative for her to be present to witness Madikizela-Mandela’s casket – draped in the ANC’s green, yellow and black flag – being carried off the hearse and up the hill leading to her home, a woman wearing a red doek said, ‘‘It was important for me to be here. Mama Winnie was the Mother of the Nation. She fought for us through thick and thin,’’ she said. ‘‘No woman can stand the pain that Winnie withstood. She was strong in jail. She never had time to stay with her family or her kids but she remained strong. I wish I could be like Winnie. I wish every woman can be as strong as her.’’

Asked what she felt at that emotional moment, a younger woman standing next to the woman in a red doek quoted Madikizela-Mandela. ‘‘You strike a woman you strike a rock,’’ she said, ‘‘She was the embodiment of the strength of the African woman.’’ A young man standing behind the two women – dressed in a yellow ANC T-shirt and a black marvin and carrying a black backpack, said, ‘‘I felt like crying because uMama Winnie fought for us… today I am literally still here because of people like her… go well uMama.’’

‘‘No woman can stand the pain that Winnie withstood. She was strong in jail. She never had time to stay with her family or her kids but she remained strong. I wish I could be like Winnie. I wish every woman can be as strong as her.’’

‘‘The sad news that has led us to this moment, this moment when you see the casket of uMama Winnie Madikizela Mandela draped in the ANC flag,’’ South Africa Broadcasting Corporation’s (SABC) Aldrin Sampear reported, standing on a partly deserted street corner outside Madikizela-Mandela’s home. ‘‘Inside this house is the body of uMama Winnie Madikizela-Mandela. The body that was bruised and battered. The body that said there’s no type of pain that I have never experienced. The body that spent 491 days in prison. The body that after seven days (of non-stop interrogation) was urinating blood. The body that was electrocuted. The body that made sure that body would overcome and fight for the freedom of South Africa.’’

At the poignant moment when Madikizela-Mandela’s body was being carried past her gate and into her Soweto home – with the gathered crowd ululating and shouting Amandla! once the casket entered the compound – a somber-looking American civil rights leader, the Reverend Jesse Jackson, and members of the Umkhonto we Sizwe veterans association sang in unison the liberation dirge Hamba Kahle over and over again in line with the tradition of honouring struggle stalwarts. Hamba kahle mkhonto//Wemkhonto/Mkhonto we sizwe – safe journey spear, yes spear, spear of the nation. The spear of the nation had indeed fallen.

The ANC logo has a hand holding a spear. On the logo of the opposition party, the Economic Freedom Fighters (EFF), a hand-held spear sits across the map of Africa. When Nelson Mandela and his comrades Walter Sisulu and Joe Slovo decided to launch an armed struggle against apartheid and formed a military wing of the ANC, they named it Umkhonto we Sizwe (Xhosa for spear of the nation).

It goes without saying that nothing symbolises the anti-apartheid struggle more than the spear. It increasingly appears that that spear is a woman, and that woman is Winnie Madikizela-Mandela, the Mother of the Nation.

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Isaac Otidi Amuke is a Kenyan writer and journalist.

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.

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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
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Two years have gone by since I 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.

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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.

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Big Pharma and the Problem of Vaccine Apartheid
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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. 

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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.

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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).

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