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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’

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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’
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“The people are the city.”Citizens in William Shakespeare’s Coriolanus

At the crack of dawn, roughly between 5a.m and 7a.m, the “Great Trek” in Nairobi begins. Hordes of security guards, domestic workers, office cleaners, factory workers, vegetable hawkers, office messengers and jua kali artisans, among others, start their journey to work – on foot. It is a scene to behold. Thousands of people purposefully walking on roads meant for cars – sometimes for as long as three hours – to report to work by 8a.m., if not earlier.

These are the forgotten people, the ones the city’s urban planners have not catered for since Nairobi came into existence more than a century ago – when the city was planned as an apartheid city, built for a minority white elite that owned cars. Since then Nairobi has been characterised as a city that lacks pavements. Road builders either fail to build pavements during construction or pavements are so small or dilapidated that people have to use the road when walking.

However, even the roads meant for cars are failing the city’s residents. Traffic jams have become so normal in Nairobi that people plan their days around them. Moreover, recent proposals to have “car-free” days will not have the desired impact because those who use private cars are unlikely to walk to work or use public transport. To make matters worse, the frenzied construction of apartment blocks in residential areas has not been accompanied by a commensurate increase in the number of roads and pavements. On the contrary, the construction of office blocks and apartment buildings in many neighbourhoods has led to the uprooting of precious green spaces.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars. Unlike in many European cities, where walking is considered a lifestyle choice, and where pedestrian pathways and public transport is part of the transport infrastructure, in Kenya a large number of people walk because they can’t afford any other means of transport. Urban transport here is, therefore, not only deeply related to poverty and inequality but also to poor or non-existent transport infrastructure, including sufficient roads and pavements.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars.

According to Streets as Public Spaces and Drivers of Urban Prosperity, a UN-Habitat report published in 2013, Nairobi has allocated just 11 per of land to roads, which is way below the optimum level of around 30 per cent. (About a third of the land in Manhattan, for instance, is allocated to roads and pavements.) Moreover, the scarcity of roads is evident in both rich and poor neighbourhoods. For example, only 3 per cent of the land in both the up-market Muthaiga and the low-income Kibera is made up of streets. This is worrying because roads and pavements are not just important for mobility, they are also important for the development of related infrastructure, such as water and sewerage systems, which are usually laid down along existing road networks. According to the report, fewer roads and poor road connectivity make cities less prosperous.

Build it and they will come?

But will the construction of more roads improve mobility in the city? Not necessarily. Evidence suggests that more roads in urban areas can actually make mobility more difficult. During the Mwai Kibaki administration, for example, there was a concerted effort to build more roads and highways in Nairobi, ostensibly to ease congestion and improve transport infrastructure. The irony is that despite having more roads in the city, traffic in Nairobi has reached nightmare proportions

This contradiction was predicted some years ago by Enrique Penalosa, the former mayor of the Colombian capital Bogota, when he gave a public lecture at Nairobi University a few months before the construction began. Penalosa said that expansion of the road network in many cities had shown that instead of reducing vehicular traffic, the traffic actually increased. This could be attributed partly to the “build it and they will come” logic that is based on the idea that the building of infrastructure is itself an incentive for more people to use it.

In Nairobi, there has also been a marked increase in the number of private vehicles and matatus on the roads. The construction of highways has also improved connectivity with satellite towns, which has increased traffic flow into the city. These are probably some of the reasons why, despite the construction of several bypasses on Mombasa Road, Uhuru Highway remains the most congested main artery in the city at all hours of the day. The construction of the Thika Superhighway has had a similar effect: the highway has led to urban sprawl as satellite towns have emerged along it, with the result that more commuters from peri-urban areas are now using the highway.

The former mayor of Bogota said that instead of making more room for cars, cities should make more room for pedestrians, cyclists and mass rapid transit systems. This would encourage residents to use alternative forms of transport, which would lessen traffic on the roads.

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them. (Now both London and Paris are emulating the Bogota example.)

Penalosa believes that today’s cities need to be totally re-designed to cater for pedestrians and cyclists. In an interview with the online Citiscope magazine, he stated: “For 5000 years we designed cities for people without cars. When cars appeared, we should have begun designing totally different cities. We did not. We just made bigger roads.”

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them.

Streets as public spaces

In Nairobi, planners and policy makers are planning for vehicles, not pedestrians. This is in sharp contrast to trends in Europe where citizens are reclaiming their streets as “public spaces” by re-designing streets so that they are accessible only to pedestrians and cyclists. For instance, London has made parts of the famous Trafalgar Square inaccessible to cars and many European cities, including Copenhagen and Amsterdam, encourage the use of bicycles. Apart from the health and environmental benefits, the reclamation of streets as public spaces has immense social benefits. Streets become the great levellers where people from all walks of life meet and interact. This promotes social inclusion.

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”. More recently, the American economist Edward Glaeser suggested that the most successful cities in the world are those that “enable us to work and play together” in close proximity and through physical interaction. These interactions are only possible when people mingle on streets and public spaces.

Penalosa is also a great advocate of public spaces, such as parks and playing fields. He notes that New York City created Central Park in 1860 when the city was much poorer than it is today, and that London, a heavily built-up city, has 1,500 public football fields that are open and free to all residents. (In contrast, Nairobi County Governor Mike Sonko had at one time suggested that Uhuru Park – Nairobi’s largest public park – be turned into a matatu stage. Neither under Sonko nor under any of the city’s former leaders have there been plans to build more public parks in the city. What’s worse, in recent years land grabbers have even attempted to steal playgrounds in Nairobi’s public schools.)

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”.

Nairobi, like many African and Asian cities, seems not to have learnt lessons from European and other cities where there is a growing “liveable cities” movement that emphasises reduced dependence on motorised transport by making streets more accessible to cyclists and pedestrians. Nairobi’s streets are clogged with cars, matatus and private vehicles, and pavements are fast disappearing or are in a dilapidated state. Many streets do not even have pavements, and those that do are often encroached upon by hawkers and even by motorists. As one Kenyan commented on Twitter, “If there were pavements in Nairobi, motorists would drive on them.” The lack of adequate pavements and bicycle paths has also resulted in unnecessary deaths of pedestrians and cyclists; in fact, cycling and walking are considered among the most dangerous forms of transport in Kenya.

Penalosa is also against the new trend of shopping malls (which has become a rage in Nairobi), which he says deprives city dwellers of walking in and enjoying their city. Local corner shops disappear as the rich flock to enclosed malls. In Nairobi social apartheid that separates the urban rich from the urban poor is now becoming increasingly apparent in these up-market malls and gated communities.

Kenya Urbanization Review, a World Bank report published in February 2016, says that Nairobi is at a particular crossroad and can go down one of two main routes: It can either build its way out of congestion by building more roads to serve the increasing motorisation rate, or it can invest in public transport networks to promote a more compact and environmentally friendly city. “Either way,” says the report, “the fundamental priority is to avoid a trade-off between access and sustainability” that will lock Nairobi into highly land-consuming and car-dependant development patterns.

Devolution: Challenges and opportunities

Like most African cities, Nairobi did not grow as a result of a grand master plan – much of the city has grown spontaneously and haphazardly. Even when there were plans, they were largely ineffective because they did not reflect the reality on the ground and did not anticipate the rapid urban growth rate (driven largely by rural-to-urban migration) after independence in 1963.

For instance, if urban planners and policy makers understood that a large proportion of the city’s 4 million or so residents walk to work (because they cannot afford public transport), they would be ensuring that there would be more and wider pavements in the city and more affordable mass public transport. Urban planners are also in short supply. According to the World Bank report, in 2011 there were only 194 accredited urban planners in the whole of Kenya, compared to 1,690 in South Africa.

Nairobi has ambitions to become a “world class city”, but these ambitions are being hampered by the city’s delusional sense of its own importance that fails to recognise that more than half of the city’s population lives in overcrowded slums with few amenities, such as piped water or electricity. It is estimated that only 36 per cent of households in the city’s informal settlements have direct access to piped water. The urban poor in the city also pay more for water than rich households, as water has to be purchased from water vendors who sell them by the litre. Slum dwellers in Nairobi do not even have access to sanitation and are forced to use makeshift pit latrines. It is estimated that only 18 per cent of Kenya’s total urban population has access to a sewer system; 70 per cent of urban dwellers rely on septic tanks or pit latrines.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent” and where there are “few parks and sidewalks, and scarcely any of the amenities that comprise the core of urban civilization”. Varadarajan’s assessment of the city may appear harsh, as other observers have commended the city for its vibrant culture and cosmopolitan nature. (Lonely Planet, for example, has described Nairobi as one of the best cities in the world, and has praised it for its “excellent nightspots and good music scene”). However, it is clear that Nairobi lacks the one thing world class cities have – a safe, affordable, reliable and well-regulated public transport system.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent”

Poor leadership and corruption have further contributed to creating an urban culture that lacks vision. If Nairobi was a place that catered for the majority of its residents’ needs, there would be more pavements, bicycle paths, public parks, public toilets and playing fields in the city. But a land grabbing frenzy has ensured that even the few green spaces (and even public toilets) in the city have now become concrete blocks.

The fundamental reason why Nairobi is so dysfunctional is because its dysfunction is self-perpetuating. Urban dwellers do not demand better infrastructure and services and expect little from the authorities, which leads of a vicious cycle of low expectations, little infrastructure investment and low productivity. When the city fails to provide services, such as garbage collection, those residents who can afford it hire private garbage collectors. The same applies to security, water provision and other essential services. This has resulted in widening the gap between the haves and the have-nots.

Devolution may have actually contributed to the city’s woes as there is no longer a City Council or Ministry of Local Government to blame. The 1963 Local Government Act created 175 local authorities in Kenya, which were abolished under the new constitution that was promulgated in 2010. As required by Article 184 of the constitution, national legislation should provide for the governance and management of urban areas.

The Urban Areas and Cities Act (Revised 2015 edition) does provide for a system of city and municipal boards and town committees that are tasked with adopting urban policies and strategies, including on service delivery and land use. However, the criteria for the creation of these boards are rather restrictive, and could serve as a deterrent to the formation of such boards, especially in poor and largely rural counties.

One of the conditions for the creation of a city or municipal board is that the city or town should have the capacity to generate sufficient revenue to sustain its operations, which is difficult for many of the poorer counties that rely on the national government to carry out operations, including the building of roads that are not part of the national highway network. Nairobi, Kenya’s largest and wealthiest city, collected Sh11.7 billion in revenue in 2015/16, but it is the exception in a country where the majority of towns have populations of less than 250,000 and where urban-based activities are not the mainstay of largely rural economies. Another condition is to have the capacity to effectively and efficiently deliver services, which is a tall order for most smaller towns in Kenya.

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

As the World Bank’s Kenya Urbanization Review report concluded, Kenya’s ambitious experiment in devolution holds great promise and comes at an important period but aspects of the process may weaken urban centres at a time when they need to be strengthened. “On balance,” says the report, “Kenya still has an opportunity to leverage urbanization to drive economic growth. It is in the early stages of urbanization, and evidence suggests that cities can drive economic development – especially when they are developed through a ‘system-of-cities’ approach and where devolution empowers counties…to develop strong urban centers.”

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

Urbanisation and economic growth

The 2009 Kenya census shows that nearly one-third of the country’s population is now urban, but urbanisation levels are still way below those of other African countries. In fact, along with Burundi, Rwanda and Uganda, Kenya has among the lowest urbanisation levels in the world. This has implications for the country’s economic prospects.

Nairobi, and Kenya as a whole, need an urban strategy that increases productivity and promotes inclusion. Studies have shown that there is a direct correlation between levels of urbanisation and economic growth – in general, most countries do not attain middle income status until they are at least 50 per cent urban. In 2009, the World Bank published a report by the Commission on Growth and Development that showed that there is a clear and robust relationship between urbanisation and per capita income in nearly all countries. The report stated that to achieve middle-income status, countries need to have at least half their populations living in urban areas and that “in all known cases of high and sustained growth, urban manufacturing and services led the process”.

The first challenge, of course, is to make cities and towns sites of high-productivity industries. The second challenge is managing the negative consequences of growth on urban areas, including congestion, pollution, inequality and slum formation. Both challenges require investments in infrastructure – but only if that infrastructure does not contribute to other problems (like pollution and congestion) and if it contributes to making productivity more efficient.

In its current state, the transport infrastructure in cities like Nairobi has proved to be an impediment to productivity as most workers spend more time commuting than engaging in productive activities. Over-dependence of private mini-buses (matatus) has also led to a situation where other forms of public transport have been crowded out, leading to increasing congestion and air pollution.

Building more roads has not helped either because the roads fail to cater for the majority of residents who walk, cycle or use public transport. As Edward Glaeser reminds us in his book, Triumph of the City: How our greatest invention makes us richer, smarter, greener, healthier and happier, “The folly of building-centric urban renewal reminds us that cities aren’t structures; cities are people.”

Rasna Warah
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Rasna Warah is a Kenyan writer and journalist. In a previous incarnation, she was an editor at the United Nations Human Settlements Programme (UN-Habitat). She has published two books on Somalia – War Crimes (2014) and Mogadishu Then and Now (2012) – and is the author UNsilenced (2016), and Triple Heritage (1998).

Politics

Kenya’s Gulag: The Dehumanisation and Exploitation of Inmates in State Prisons

Kenyan prisons today carry the DNA of their forebears – the colonial prisons and Mau Mau detention camps. They are about brutalising prisoners into submission and scaring the rest of society into compliance with the state. And like their colonial predecessors, they are also sites of forced labour.

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The influx of the Mau Mau transformed the prison population in Kenya from one predominantly made up of recidivist petty criminals and tax defaulters to one composed largely of political prisoners, many of whom had no experience of prison life and who brought with them new forms of organisation.

Prison life was harsh, with its share of brutalities and fatalities. Between 1928 and 1930, about 200 prisoners in Kenya died. According to British historian David Anderson, “Kenya’s prisons were already notably violent before 1952 [when the Mau Mau uprising began], more violent than other British colonies.”

However, the incorporation of prisons and detention camps into the “Pipeline” (the system developed by the colonial state to deal with the Mau Mau insurgents and to try and break them using terror and torture) inevitably led to the institutionalisation of the methods of humiliation and torture.

As Anderson notes, “Most of the staff in both the Prison Service and in the [Mau Mau] detention camps were Africans. Some were even Kikuyu. They certainly ‘learned’ these methods during their periods of early employment.” He goes on to say that “those who ran the service by the 1960s and early 1970s were all men who had been recruited and trained during the Mau Mau period”. He thinks it “very likely that these individuals practiced what they had learned as cadets and trainees in the 1950s…I think the Mau Mau experience certainly hardened Kenya’s prison system and introduced a greater range of punishments and harsher treatment for prisoners as a consequence of the conditions off the Emergency”.

Compare, for example, this account of the treatment of Mau Mau detainees in the 1950s published in Caroline Elkins’ book, Britain’s Gulag: The Brutal End of Empire in Kenya:

Regardless of where they were in the Pipeline (the system of camps established for deradicalizing Mau Mau detainees and prisoners), roll call meant squatting in groups of five with their hands clasped over their heads. The European commandants would then walk through the lines, counting and beating the detainees. “The whole thing was just so ridiculous,” recalled one former detainee from Lodwar. “Whitehouse [the European in charge] would just count us over and over again.”

It bears stark similarities to this account published in the Daily Nation about conditions in Kenyan prisons 65 years later:

Omar Ismael, 64, a former Manyani inmate who served nine years till his exoneration in 2017, says he woke up at 5am, despite his advanced aged. They then squat in groups of five to be counted and checked by guards. “My knees are still hurting to date. I have a joint problem too as a result,” he says. He says they had at least six head counts per day. The first one at 5am, followed by 10am, noon, 4pm, 6pm and 7pm.

Kenyan prisons today carry the DNA of their forebears – the colonial prisons and Mau Mau detention camps. They are about brutalising prisoners into submission and, along with the police and military, scaring the rest of society into compliance with the state. They are places of dehumanisation, abandonment and retribution. And like their colonial parents, they prefer to employ the least educated. (At present, out of a staff complement of 22,000, the Kenya Prison Service only has about 700 graduate officers.) As of 2015, according to the World Prison Population List prepared by the Institute for Criminal Policy Research, Kenya has incarcerated more of its citizens per 100,000 population than any other country in Eastern Africa with the exception of Rwanda and Ethiopia.

Notably, about 50 per cent of Kenya’s 54,000 prisoners are pre-trial detainees or those held in remand as they await trial – people legally considered innocent. By comparison, the median proportion of pre-trial prisoners in Africa is 40 per cent and nearly 30 per cent globally. In Eastern Africa, only Uganda and Ethiopia have a higher proportion of pre-trial detainees than Kenya. As in colonial times, pre-trial detention is driven by two factors – the need to extract resources from the populace and the subjugation of the native through criminalisation of ordinary life.

In 1933, submissions to the Bushe Commission provided some flavour of how the threat of arrest and imprisonment was ever-present among the natives.

Relates one Ishmael Ithongo:

Once I was arrested by a District Officer on account of my hat because I did not see him approaching. He came from behind and threw it down. I asked him why because I did not know him. He called an askari and asked for my name. It was in a district outside. He asked me, “Don’t you know the law here that you should take off your hat when you see a white man?” Then he asked me, “Have you got your kipandi?’ I said “No, Sir.” So I was sent to prison… When an askari thinks that you look smart he asks if you have your kipandi. I have seen natives who are going to church in the morning who have changed their coat and forgotten their kipandi. They meet an askari. “Have you got your kipandi?” “No.” “Ah right” and they are marched off to prison.

This will sound familiar to many Kenyans today whose encounters with the police often begin with demands for the production of the kipande (ID card) and end with a stint in overcrowded police cells. However, there are some differences. An audit of pre-trial detention by the National Council on the Administration of Justice found that police generally arrested and charged people for petty offences, with close to half of those arrests occurring over weekends. Most releases from police custody also happened over the weekend with no reason recorded for two-thirds of those releases. Further, only 30 percent of all arrests actually elicited a charge, the vast majority for petty offences. This implies that most police detentions today are something of a catch-and-release programme designed to create opportunities to extract bribes rather than labour.

However, for those who get incarcerated, matters are somewhat different. The exploitation of prisoners’ labour continues. Like the Mau Mau detainees, they are required to work for a token amount determined by the government, which, unlike its colonial ancestor, does not even pretend that the 30 Kenyan cents per day is meant as a wage, with the Attorney-General declaring in court that “prison labour is an integral component of the sentence”. The courts have held that it is entirely compatible with the protection of fundamental rights for the Prison Service to do this as well as to deny convicts basic supplies such as soap, toothpaste, toothbrushes, and toilet paper. Apparently, the conditions the convicts are experiencing cannot be called forced labour and servitude because, the strange reasoning goes, “the Constitution and the Prisons Act do not permit forced labour or servitude”.

Notably, about 50 per cent of Kenya’s 54,000 prisoners are pre-trial detainees or those held in remand as they await trial – people legally considered innocent…In Eastern Africa, only Uganda and Ethiopia have a higher proportion of pre-trial detainees.

Like in colonial times, the beneficiaries of this prison industrial complex are the state and those who control it. Remandees and convicts are liable to be put to work cleaning officials’ compounds and there have been persistent rumours of them being compelled to provide free labour for the private benefit of prison officers and other well-connected government officials, as is the case in Uganda.

While in 1930 earnings from convicts’ labour accounted for a fifth of the total cost of the Prisons Department, the official goal today, as declared by the Ministry of Interior, is for the Department to transform into a “financially self-sustaining entity”. To achieve this, President Uhuru Kenyatta has created the Kenya Prisons Enterprise Corporation with the aim of “unlocking the revenue potential of the prisons industry” and to “foster ease of entry into partnership with the private sector”.

This basically entails deeper exploitation of prisoners’ labour. And even though Kenyatta speaks of improving remuneration, it is notable that this is not a free exchange. Whatever the courts might say, it is clear that the state and its owners feel entitled to the labour of those they have incarcerated, much like their predecessors (the colonial regime and the European settlers) once felt entitled to African labour.

This will sound familiar to many Kenyans today whose encounters with the police often begin with demands for the production of the kipande (ID card) and end with a stint in overcrowded police cells. However, there are some differences. An audit of pre-trial detention…found that police generally arrested and charged people for petty offences, with close to half of those arrests occurring over weekends.

In this regard, the attitude is very like that of the white settler in Kiambu, Henry Tarlton, who told the 1912 Native Labour Commission regarding desertion by African workers that “this is my busiest season and my work is entirely upset, and it is hardly surprising if I am in a red-hot state bordering on a desire to murder everyone with a black skin who comes within sight”. Another white settler, Frank Watkins, in a letter to the East African Standard in 1927 boasted of his “methods of handling and working labour”, which included “thrash[ing] my boys if they deserve it”.

This brutality, especially directed towards African males, was paired with forced labour from the very onset of the colonial experience. (Brett Shadle, Professor and Chair of the Department of History at Virginia Tech, notes that the settlers were much more reticent about their violence on African women, which tended to be sexual in nature.) These settlers were already pushing the colonial state to institute unpaid forced labour on public works projects in the reserves (which it eventually did) as a means of driving Africans to wage employment for Europeans.

But it was within the prison system and Mau Mau detention camps that the practice of forced labour found its full expression. According to Christian G. De Vito and Alex Lichtenstein, “Conditions inside the detention camps created in Kenya in the 1910s and 1920s and in the prison camps opened in 1933 depended on the assumption that forced labour, together with corporal punishment, could actually serve as the only effective forms of penal discipline.” The influx of Mau Mau detainees, they explained, overwhelmed the system “since police repression by far exceeded the capacity of the already overcrowded prisons, and the colonial government decided to establish a network of camps, collectively called the ‘Pipeline’, characterized by violence, torture, and forced labour.”

These are the footsteps in which the Kenyan state is walking. Nelson Mandela once said that a nation should not be judged by how it treats its highest citizens but by how it treats its lowest ones. By that measure, the current Kenyan state is no different from its colonial predecessor.

“It is also worth thinking about what happens to the prison at the end of colonialism,” says Prof Anderson. “There is no movement for prison reform in Kenya after 1963 – rather the opposite: the prison regime becomes harsher and is even less well funded than it was in colonial times. By the end of the 1960s, Kenya is being heavily criticised by international groups for the declining state of its prison system and the tendency to violence and abuse of human rights within the system.”

Prof Daniel Branch stresses that “post-colonial prisons urgently need a history. The Mau Mau period rightly gets lots of attention, but there’s very little by scholars on the post-colonial period”.

It is critical, as Kenya marks a decade since the promulgation of the 2010 constitution, that we keep in mind Mandela’s words and ask whether, if at all, it has changed how those condemned by society – “our lowest ones” – are treated. That will, in the end, be the true measure of our transformation.

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Politics

The Myth of Unconditionality in Development Aid

Based on interviews and ethnographic fieldwork in Western Kenya, Mario Schmidt argues that local interpretations of Give Directly’s unconditional cash transfer program unmask how the NGO’s ‘myth of unconditionality’ obscures structural inequalities of the development aid sector. Schmidt argues that in order to tackle these structural inequalities, cash transfers should be ‘ungifted’ and viewed as debts repaid and not as gifts offered.

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The New York Times praises the US-American NGO GiveDirectly (GD), a GiveWell top charity, for offering a ‘glimpse into the future of not working’ and journalists from the UK to Kenya discuss GD’s unconditional cash transfer program as a revolutionary alternative in the field of development aid. German podcasts as well as international bestsellers such as Rutger Bregman’s Utopia for Realists portray grateful beneficiaries whose lives have truly changed for the better since they received GD’s unconditional cash and started to invest it like the business people they were always meant to be. At first glance, GD indeed has an impressive CV.

Since 2009, the NGO has distributed over US$160 million of unconditional cash transfers to over tens of thousands of poor people in Kenya, Rwanda, Uganda, the USA and Liberia in an allegedly unbureaucratic, corrupt-free and transparent way. Recipients are ‘sensitized’ in communal meetings (baraza), the cash transfers are evaluated by teams of internationally renowned behavioral economists conducting rigorous randomized controlled trials (RCTs) and the money arrives in the recipients’ mobile money wallets such as the ones from Mpesa, Kenya’s celebrated FinTech miracle, without passing through the hands of local politicians.

In 2015 and after finalizing a pilot program in the Western Kenyan constituency Rarieda (Siaya County), GD decided to penetrate my ethnographic field site, Homa Bay County. On the one hand, they thereby hoped to enlarge their pool of potential beneficiaries. On the other hand, they had planned to conduct further large-scale RCTs (one RCT implemented in the area, studied the effects of motivational videos on recipients’ spending behavior). To the surprise of GD, almost 50% of the households considered eligible for the program in Homa Bay County refused to participate. As a result, the household heads waived GD’s cash transfer which would have consisted of three transfers amounting to a total of 110,000 Kenyan Shillings (roughly US$1,000).

In order to understand what had happened in Homa Bay County and why so many households had refused to participate, I teamed up with Samson Okech, a former field officer of Innovations for Poverty Action (IPA) who had conducted surveys for GD in Siaya. Samson had been an IPA employee for over ten years and belongs to the extended family I work with most closely during fieldwork. During our long qualitative interviews with recipients of GD’s cash transfer and former field officers as well as Western Kenyans who refused to be enrolled in the program, the celebratory reports by journalists and scholars were replaced by a bleaker picture of an intervention riddled with misunderstandings and problems.

Before I offer a glimpse into what happened on the ground, I want to emphasize that I am neither politically nor economically against unconditional cash transfers which, without a doubt, have helped many individuals in Western Kenya and elsewhere. It is not the what, but the how against which I direct my critique. The following two sections illustrate that a substantial part of Homa Bay County’s population did not consider GD’s intervention as a one-time affair between themselves and GD. In contrast, they interpreted GD’s program either as an invitation into a long-term relationship of patronage or as a one-time transfer with obscured actors.

These interpretations should make us aware of ethical problems entailed in conducting social experiments (see Kvangraven’s piece on Impoverished Economics, Chelwa’s and Muller’s The Poverty of Poor Economics or Ouma’s reflection upon GD’s randomisation process in Western Kenya). They can also crucially encourage us to think about ways of radically reconfiguring the political economy of development aid in Africa and elsewhere.

Instead of framing relations between the West and the Rest as relations between charitable donors and obedient recipients, in my conclusion I propose to ‘ungift’ unconditional cash transfers as well as development aid as a whole. Taking inspiration from rumors claiming that Barack Obama, whose father came from Western Kenya, has created GD in order to rectify historical injustices, I suggest rethinking cash transfers as reparations or debts repaid. Consequently, recipients should no longer be used as ‘guinea pigs’ but appreciated as equal partners and autonomous subjects entitled to reap a substantial portion of the value produced in a global capitalist economy that, historically as well as structurally, depends on exploiting them.

Why money needs to be spent on ‘visible things’

Those were guidelines on how to use the money. It was important that what you did with the money was visible and could be evaluated’, William Owino explained to us after we had asked him about a ‘brochure’ several other respondents had mentioned. One of the studies on the impact of GD’s activities in Siaya also mentions these brochures. In order to ‘emphasize the unconditional nature of the transfer, households were provided with a brochure that listed a large number of potential uses of the transfer.’ 

When being asked which type of photographs and suggestions were included in these brochures, respondents mentioned photographs of newly constructed houses with iron sheets, clothes, food and other gik manenore (‘visible things’). When we inquired further if the depicted uses included drinking alcohol, betting, dancing or other morally ambiguous goods and services, the majority of our respondents dismissed that question by laughing or by adding that field officers had also advised them against using the money for other morally dubious services such as paying prostitutes or bride wealth for a second or third wife.

One of our respondents in Homa Bay took the issue of gik manenore to its extreme by expressing the opinion that GD’s money must be used to build a house with a fixed amount of iron sheets and according to a preassigned architectural plan so that GD, in their evaluation, would be able to identify the houses whose owners had benefited from their program quickly and without much effort. Such practices of ‘anticipatory obedience’ are also implicitly at work in the rationalizations of another respondent. He expected that GD’s field officers who had asked him questions about what he intended to do with the money during the initial survey – questions whose answers had, in his opinion, qualified him to receive the cash transfer – would one day return to see if he had really used the money according to his initially stated intention. The logic employed is clear: The ‘unconditional’ cash transfers needed to be spent on useful and, if possible, visible and countable things so that GD would return with further funds after a positive evaluation.

Recipients understood the relation with GD not as a one-off affair, but as an entrance into a long-term relation of fruitful dependency. In contrast to GD which, like most neoliberal capitalists, understands unconditional cash as a context-independent techno-fix, the inhabitants of Homa Bay framed money as an entity embedded in and crystallizing social power relations.

From such a perspective, free money is not really free, but like Marcel Mauss’ famous gifts, an invitation into a ‘contract by trial’ which has the potential to turn into a long-term relationship benefitting both partners if recipients pass the test and reciprocate with obedience. While some actors framed the offer of unconditional cash as a test that could lead into an ongoing patron-client relationship between charitable donors and obedient recipients, others, the majority who refused to accept GD’s offer, interpreted it as a direct exchange relation with unseen actors.

Why money is never free

‘People in the market and those I met going home told me it is blood money’, Mary, a 40-year old mother remembered. After she had been sampled, Mary had never received money from GD but failed to understand why and believed the village elder had ‘eaten’ her money. She further told us that rumors about ‘blood money’ circulated in church services and funeral festivities. ‘Blood money’ refers to widespread beliefs that accepting GD’s cash implied entering into a debt relation with unknown actors such as a local group sacrificing children or the devil.

Comparable rumors playing with the well-known anthropological trope of money’s (anti)-reproductive potential circulate widely in Homa Bay: Husbands who wake up only to see their wives squatting in a corner of the room laying eggs, a huge snake that lives in Lake Victoria and vomits out all the money GD uses, mobile phones that can be charged under the armpit or find their way into the recipient’s bed if lost or thrown away (many people allegedly threw their phones away in order to cut the link to GD), money that replenishes automatically or a devilish cult of Norwegians that abducts Kenyan babies and transports them to Scandinavia where they are adopted into infertile marriages.

All of these rumors, which are epitomized in a phrase some recipients considered to be GD’s slogan, Idak maber, to idak matin – (‘You live well, but you live short’) – revolve around the same paradox: Money initially offered with no strings attached, but whose reproductive potential will soon demand blood sacrifice or lead to a fundamental change in one’s own reproductive capacities.

Local attempts to ‘conditionalize’ GD’s unconditional cash as well as rumors about tit-for-tat exchanges with the devil undermine GD’s assumption that their cash transfers are perceived by recipients as unconditional. This has two consequences. On the one hand, it questions the validity of studies trying to prove that the program was successful as an unconditional cash transfer program. On the other hand, it urges us to focus on the unintended consequences caused by GD’s intervention. While Western Kenyans who have given consent to participate in the intervention invested their hopes in an ongoing charitable relation with GD, those who have refused to participate – as well as some who did – have been haunted by fear and anxiety triggered by situating GD’s activities in a hidden sphere.

All this raises ethical and political questions about GD’s intervention in Homa Bay County. Did GD, an actor that is neither democratically elected nor constitutionally backed up, have the right to intervene in an area where almost 50 % of the population refused to participate? Did the program really reach the poorest members of society if accepting the offer depended on understanding the complex networks of NGOs that constitute the aid landscape? Should it not be considered problematic that a US-American NGO uses whole counties of an independent country as laboratories where they experimentally test the feasibility of unconditional cash transfers in order to assure their donors that recipients of unconditional cash ‘really’ do not spend donations on alcohol and prostitutes?

Apart from raising these and other ethical and political questions, the reactions of the inhabitants of Homa Bay County can be understood as mirrors reflecting a distorted but illuminating image of the development aid sector. Narratives about women laying eggs and satanic cults sacrificing children exemplify an awareness of the fact that, on a structural level, the development aid sector is shot through with inequalities and obscure hierarchical power relations between donating and receiving actors. At the same time, recipients’ anticipatory obedience to use the cash on ‘visible things’ unmasks a system that appears overwhelmed by the necessity to constantly evaluate projects in order to secure further funding.

By ‘conditionalizing’ cash transfers as long-term patronage relations or tit-for-tat exchanges with the devil, inhabitants of Homa Bay unmask GD’s ‘myth of unconditionality’ and thereby relocate GD into the wider development aid world in which they have never been equal partners.

Why we must ‘ungift’ development aid

‘I think it was because of Obama’, a former colleague of Samson who had administered the surveys of GD in Siaya County told me while we enjoyed a meal in a restaurant along Nairobi’s Moi Avenue after I had asked him why the rejection rates of GD’s program in Siaya had been so low. According to rumors that circulated widely during GD’s first years in Siaya, Barack Obama, whose father came from a village in Siaya County, had teamed up with Raila Odinga, an almost mythical Luo politician, in order to channel US-American funds ‘directly’ to Western Kenya, i.e. without passing through the Central Kenyan political elite who had – in 2007 as well as 2013 – ‘stolen’ the elections from Raila.

As a consequence, at least some recipients did not agree with interpretations of the cash transfers as market exchanges with shadowy actors or invitations into long-term relationships of patronage. Rather, they conceptualized the transfers as reparations originating in Obama’s attempt to recoup losses accumulated by the Luo community due to political injustices provoked by the actions of what many consider to be a corrupt Kikuyu elite. This conjuring of a primordial ethnic alliance between Obama and Western Kenyans might strike many as chimerical.

Be that as it may, we should acknowledge that the rumor of Obama’s intervention situates the cash transfers in a social relation between two equals who accept their mutual indebtedness and act accordingly by putting things straight. By reinterpreting GD as a clandestine operation invented by their political leaders, Barack Obama and Raila Odinga, inhabitants of Siaya portray themselves as belonging to a community of interdependent equals whose members are entitled to what the anthropologist James Ferguson has called their ‘rightful share’.

How would development aid look like if we dared to transfer this idea of a community whose members acknowledge their equality and mutual indebtedness to our global economic system? One way to redeem the fact that we all live in a highly connected capitalist economic system spanning the whole globe and depending on exploiting a huge portion of the global community would be to follow in the footsteps of the inhabitants of Siaya and rebrand cash transfers as reparations being paid for historical and structural injustices.

By way of conclusion, I want to suggest the idea of ‘ungifting’ development aid, i.e. to reframe it as a duty and to accept that recipients of cash transfers have the right to receive their share of the value produced by the global capitalist economic system. Consequently, cash transfers should be considered as debts repaid and not as gifts offered.


This article was first published in the Review of African Political Economy.

 

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The Irrelevance of NGOs

NGOs have been notably absent in the fight against COVID-19, despite claims they exist solely to ensure accountability and transparency by government.

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The Irrelevance of NGOs
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Nothing has exposed neoliberalism as a hoax as intelligently and most strikingly as COVID-19 has done. (Though at the expense of millions infected and hundreds of thousands dead.) All over the world, people have come to depend almost exclusively on their national governments not only to stay safe against the deadly pandemic but also for economic survival. Against a painful history of relentless assaults on so-called “big government,” COVID-19 has grown the size of government bureaucracies and budgets in size to what was hardly imaginable only a few months ago.

This change has brought about another debate about the role of non-governmental organizations (NGOs). Nowhere is this debate about NGOs more palpable than in my home country of Tanzania, where at the time of writing the East African nation had recorded a total of 480 confirmed coronavirus cases, 18 deaths and 167 recoveries. The situation here seems to be getting out of control as more fatalities continue to be reported, exacerbated by the increasing tendency of hospitals, especially in the country’s commercial capital of Dar es Salaam, to reject patients suspected of having the coronavirus disease. Several people (see here and here) have reported having their relatives turned away by hospitals, after which some died. The government has been trying hard to underestimate the magnitude of the pandemic, including by underreporting the number of fatalities and doing night burials.

Nearly every action taken by national governments throughout the world in their efforts to contain the spread of COVID-19, and thus to save lives and communities, goes directly against the dictates of neoliberal fundamentalism. For a number of decades, advocates of this ideology would propose murderous cuts in public spending on critical sectors like health and education. In addition to the breakneck privatization of public services was the massive growth of NGOs whose missions varied widely; from those advocating for government accountability and democratic institutions to those championing girls’ rights, citizens’ agency, and countless others providing services.

This is no coincidence. The missionaries of neoliberal evangelism have been pushing for the social services provision role of governments to be replaced by NGOs and private individuals, arguing that this will ultimately improve service efficiency for governments. Perhaps there’s no stauncher proponent of that argument in Tanzania than former President Benjamin Mkapa—or at least until recently. It was under Mkapa’s administration that both privatization and NGO growth in the country took root. “Soon after assuming office, in November 1995,” said Mr Mkapa in his speech at the official launch of Tanzania National Business Council (TNBC) on April 9, 2001, quoted in “A Capitalizing City” by Dr. Chambi Chachage, “I realised the need to change the way the national economy is managed. This need was made more acute by the fact that our country was moving from a public sector led economy to a private sector driven market economy.” (Later, Mr. Mkapa would describe the privatization drive unleashed by his administration as the “worst mistake” of his presidency in his memoirs My Life, My Purpose.) In the ongoing battle against COVID-19, however, both NGOs and the private sector have been conspicuously absent on the frontlines where the war against the virus is being waged.

The role of NGOs in Tanzania has been made more interesting both by the Tanzanian government’s handling of the pandemic (which I discuss here), and NGOs’ responses (or lack thereof). So far, the responses of NGOs to the pandemic have been simply bewildering, opaque, and ambiguous. Part of this ambiguity, I think, is due to both the history of NGOs in Tanzania and the issues that they continue to remain deadly silent about. In this latter category is what seems to be an almost unanimous agreement among the NGOs, with very few exceptions, of forgoing what they claim to be their main mission, that is: to cultivate a culture of accountable governance as well as the building of strong democratic institutions in the country. This abandonment is disappointing and surprising at the same time, because during a crisis like the one we are in now, one would have expected that the NGOs, far from pretending as if they no longer exist, would double, or even triple, their efforts to force those in power to act more responsibly and deliver to their constituents.

But from the way things appear on the ground, it is as if the coronavirus disease has forced the NGOs to take some time off their work and give the government, whose handling of the pandemic has made Tanzania the laughing stock of the world, a free reign to act as it wishes. One area of concern is the way the government has entirely left people to fend for themselves amidst the crisis. In fact, instead of helping its people, the government’s asking the people to donate to it! The fact that no NGOs have so far called the government out means that the people have not just been abandoned by their government, but also by the organizations that claim to work on their behalf.

The NGOs have failed to condemn President John Magufuli’s statements and actions that threaten to put the lives of thousands at risk. These statements include the recent one he made during a televised address from his hometown of Chato, in the Geita region of northwestern Tanzania where the president has been “self-isolating” since the pandemic started. There he urged Tanzanians to consider inhaling steam from a boiling pot of water as a means to cure coronavirus, a suggestion medical doctors have nevertheless advised against. During the rare address, President Magufuli also dismissed the exercise to disinfect public spaces as “nonsense.” Earlier, President Magufuli took to Twitter to declare three days of national prayers “to help defeat coronavirus,” and his government even organized a national prayer to save Tanzania from the pandemic. All this had Matshidiso Moeti, WHO Regional Director for Africa, concerned, according to journalist Geoffrey York who reported via Twitter. In another address, where Mr. Magufuli accused Tanzania’s lab technicians of conspiring with “imperialists” to sabotage the country by increasing the number of positive cases, something which led to the sacking of the national community health laboratory director Dr. Nyambura Moremi, the President said that his government would dispatch a plane to fetch the herbal treatment for the coronavirus touted by the president of Madagascar despite a warning from the WHO that a herbal tonic cannot cure the disease. (One observer of Tanzanian politics described the address as “totally reckless” and even called on people to boycott Magufuli’s subsequent addresses on the coronavirus pandemic lest they go bonkers.) Dangerous and irresponsible as these statements and measures seem, not a single NGO that works in the area of public health—and there is no shortage of them—uttered any public criticism of Magufuli.

Nor are the democratic-championing NGOs concerned by the government’s resolve to centralize the flow of information on coronavirus. No NGO, for example, has come out against the Tanzania Communications Regulatory Authority’s (TCRA) directive to members of WhatsApp groups to screenshot “fake information” posted in these groups and report it to authorities. No NGO seems bothered by the Tanzania Police Force’s irresponsible act to storm and interrupt a press conference by the main opposition party CHADEMA intended to give Tanzanians an alternative appraisal of the coronavirus situation from that given by the government. (The party was subsequently able to organize a press conference where its national chairperson Freeman Mbowe outlined twelve issues that he thought were fundamental in the fight against the pandemic.) The same silence on the part of the NGOs was noticeable after a cabinet minister suggested that people should consider using honey when responding to a spike in the price of sugar. (Following a backlash, however, the government later announced a cap on sugar prices.)

While everybody was busy examining their role in combating the coronavirus in the country, some of Tanzania’s “top-notch” NGOs were spotted presenting the government with a 79 million Tanzanian shillings check (about US$34,000) to help fight the virus. The NGOs did that while little or nothing at all was known in the general public of the government’s strategy or even how the money will be used.

I find the move disturbingly ironic, however, given the fact that this money was originally supposed to come directly from the donors to the government coffers but the “development partners” gave them to the NGOs because, as shown above, they are thought to be best placed to deal with social problems. It is also mind-boggling to find the NGOs donating to the government amidst a funding crisis that has hit NGOs across the continent. If the NGOs themselves are convinced that the Tanzanian government can deal with the COVID-19 crisis far better than they can to the extent of giving it money, what does it say of their ideological justification to exist? To their credit, since then a coalition of Tanzania’s NGOs released a position paper and “strategic areas” on COVID-19. In the paper, the NGOs confess to have been caught “unprepared” by the pandemic, something that hampered their ability to respond “promptly.”

A close friend of mine, who works in Tanzania’s NGO sector, thought it was a bad idea for me to go ahead with this piece, saying it was unfair to criticize the NGOs given the fact that I understand the political environment within which the organizations operate and the repression unleashed on them by the state. For a moment I thought this friend of mine was right because it’s true that they work in a tough environment. But then I thought: wasn’t this very attitude on the part of the NGOs to allow themselves to be pushed around by the government responsible for their own miseries, and ultimately, their failure to do what they were founded on?

This led me to revisit 2007, when acclaimed legal and development scholar Professor Issa Shivji published a book, Silences in the NGO Discourse, which served as advice on how Tanzania’s NGOs can remain accountable. He wrote then that if the NGOs are to live up to their missions, which include ensuring democratic reforms in the country, then their entire strategy of engagement with the state would have to change radically. For example, in place of stakeholder conferences, there should be protracted public debates, wrote Shivji. Where previously the NGOs used to dialogue with the state “in five-star hotels,” now there should be demonstrations, protest marches and teach-ins in streets and community centers to expose serious abuses of power and bad policies. “Democratic governance would be an arena where power is contested, not some moral dialogue or crusade for good against evil, as the meaningless term ‘good governance’ implies … You cannot dialogue with power,” the renowned author writes poignantly.

In the wake of the ongoing debate on the role and relevance of NGOs amidst a global pandemic, and the government’s ambiguous response, it appears that more than ten years since Shivji’s book, the country’s NGOs have not been able—or willing—to learn a lesson. Nor, telling from the way they behave amidst the current crisis, is there any indication that they will do so in the near future.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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